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Imazapyr Reregistration Eligibility Decision

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Information about this document as published in the Federal Register.

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Environmental Protection Agency (EPA).




This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide imazapyr. The Agency's risk assessments and other related documents also are available in the imazapyr docket. Imazapyr is a systemic, non-selective, pre- and post-emergent herbicide used for the control of terrestrial annual and perennial grasses, broad-leaved herbs, woody species, and riparian and emergent aquatic species. It is registered for use on a variety of agricultural, commercial, and residential use sites. EPA has reviewed imazapyr through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

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Sherrie Kinard, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 305-0563; fax number: (703) 308-8005; e-mail address:

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I. General Information

A. Does this Action Apply to Me?

This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPPT-2005-0495. Publicly available docket materials are available either in the electronic docket at, or, if only available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Telephone number is (703) 305-5805.

2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the “Federal Register” listings at​fedrgstr.

II. Background

A. What Action is the Agency Taking?

Under section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to ensure that they meet current scientific and regulatory standards. EPA has completed a Reregistration Eligibility Decision (RED) for the pesticide, imazapyr under section 4(g)(2)(A) of FIFRA.

Imazapyr is a systemic, non-selective, pre- and post-emergent herbicide used for the control of terrestrial annual and perennial grasses, broad-leaved herbs, woody species, and riparian and emergent aquatic species. It is registered for use on a variety of agricultural, commercial, and residential use sites, including corn, forestry sites, rights-of-way, fence rows, hedge rows, drainage systems, outdoor industrial areas, outdoor buildings and structures, domestic dwellings, paved areas, driveways, patios, parking areas, walkways, various water bodies (including ponds, lakes, streams, swamps, wetlands, and stagnant water), and urban areas.

Imazapyr is formulated as a liquid, a wettable powder (including water soluble bags), and a granular. Application methods include aerial, groundboom, boat, and tractor-drawn spreader. Applications to smaller areas may be made with handheld equipment, including low-pressure handwand sprayers, backpack sprayers, sprinkling cans, and handgun sprayers. Application rates range from 0.014 lbs ai/acre on corn, to 1.5 lbs ai/acre on non-cropped areas and aquatic sites.

EPA has determined that the data base to support reregistration is substantially complete and that products containing imazapyr are eligible for reregistration, provided the risks are mitigated in the manner described in the RED. Upon submission of any required product specific data under section 4(g)(2)(B) and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) for products containing imazapyr.

EPA must review tolerances and tolerance exemptions that were in effect when the Food Quality Protection Act (FQPA) was enacted in August 1996, to ensure that these existing pesticide residue limits for food and feed commodities meet the safety standard established by the new law. Tolerances are considered reassessed once the safety finding has been made or a revocation occurs. EPA reassessed the imazapyr tolerances in 2003 when new food uses were established and has made the requisite safety finding for the imazapyr tolerances referred to in this notice.

EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the Federal Register on May 14, 2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of Start Printed Page 38150risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, imazapyr was reviewed through the modified 4-Phase public participation process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for imazapyr.

The reregistration program is being conducted under Congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. An additional comment period was not required for imazapyr since all risk issues associated with the use of this pesticide were resolved through consultations with stakeholders. The Agency therefore is issuing the imazapyr RED without a comment period.

B. What is the Agency's Authority for Taking this Action?

Section 4(g)(2) of FIFRA as amended , directs that, after submission of all data concerning a pesticide active ingredient, “the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,” before calling in product specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.”

Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006.

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List of Subjects

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Dated: June 28, 2006.

Debra Edwards,

Director, Special Review and Reregistration Division, Office of Pesticide Programs.

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[FR Doc. E6-10449 Filed 7-3-06; 8:45 am]