[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23804-23805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10748]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0137; FRL-9961-70]


Pyridate; Receipt of Application for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the 
Washington State Department of Agriculture to use the herbicide 
pyridate (CAS No. 55512-33-9) to treat up to 13,850 acres of double-cut 
mint to control terbacil-resistant redroot pigweed biotypes, common 
lambquarters, Powell amaranth, cinquefoil, Russian thistle, marestail 
and field violet in Washington. The applicant proposes a use of a 
pesticide that was voluntarily canceled in 2004, and which is now 
considered to be unregistered under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA). EPA is soliciting public comment before 
making the decision whether or not to grant the exemption.

DATES: Comments must be received on or before June 8, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2017-0137, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair

[[Page 23805]]

treatment and meaningful involvement of any group, including minority 
and/or low income populations, in the development, implementation, and 
enforcement of environmental laws, regulations, and policies. To help 
address potential environmental justice issues, the Agency seeks 
information on any groups or segments of the population who, as a 
result of their location, cultural practices, or other factors, may 
have atypical or disproportionately high and adverse human health 
impacts or environmental effects from exposure to the pesticide 
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    Under section 18 of the FIFRA (7 U.S.C. 136p), at the discretion of 
the EPA Administrator, a Federal or State agency may be exempted from 
any provision of FIFRA if the EPA Administrator determines that 
emergency conditions exist which require the exemption. The Washington 
State Department of Agriculture has requested the EPA Administrator to 
issue a specific exemption for the use of pyridate on double-cut mint 
(peppermint and spearmint) to control terbacil-resistant redroot 
pigweed biotypes, common lambquarters, Powell amaranth, cinquefoil, 
Russian thistle, marestail and field violet. Information in accordance 
with 40 CFR part 166 was submitted as part of this request.
    In this specific exemption, the Applicant asserts that there are 
currently no available registered herbicides that can be applied at the 
proper timing to provide effective control of various broadleaf weeds 
without causing unacceptable injury in double-cut mint. In addition, 
there are no economically or environmentally feasible alternative 
practices, and that mint producers expect to experience yield loss 
greater than 20% in double-cut spearmint and peppermint.
    The Applicant proposes to apply no more than a total of 2,597 
gallons of the unregistered product, Tough EC, (approximately 12,985 
pounds active ingredient of pyridate) per acre per year. Up to 13,850 
acres of double-cut mint (8,800 acres spearmint; 5,050 acres 
peppermint) in Washington may be treated. Additional information from 
the Applicant's submission that details the need for the exemption and 
the proposed use pattern can be found at http://www.regulations.gov in 
the specific exemption application request from the Washington 
Department of Agriculture for emergency use of pyridate in double-cut 
peppermint and spearmint to control terbacil-resistant redroot pigweed 
species.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 require 
publication of a notice of receipt of an application for a specific 
exemption proposing use of a pesticide that was voluntarily canceled in 
2004, and which is now considered to be unregistered under the FIFRA 
Act. Accordingly, this notice provides an opportunity for public 
comment on the application. The Agency will review and consider all 
comments received during the comment period in determining whether to 
issue the specific exemption requested by the Washington State 
Department of Agriculture. Further, numerous states that have 
previously requested a specific exemption for use of pyridate on mint 
to control various broadleaf weeds species may submit similar specific 
exemption requests.

    Authority: 7 U.S.C. 136 et seq.

    Dated: April 28, 2017.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-10748 Filed 5-22-17; 4:15 pm]
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