Paraquat Dichloride Registration Review

These comments are being submitted on behalf of the Agricultural Retailers Association.

Attached please find a letter requesting a 90-day extension of comments on EPA's proposed interim decision for paraquat, signed by Agricultural Retailers Association, American Farm Bureau Federation, American Soybean Association, California Specialty Crops Council, CropLife America, National Agricultural Aviation Association, National Alliance of Independent Crop Consultants (NAICC), National Association of Wheat Growers, National Cotton Council, National Potato Council, National Sunflower Association, and US Dry Bean Council. Docket ID: EPA-HQ-OPP-2011-0855-0208

December 16, 2019 OPP Docket Environmental Protection Agency Docket Center (EPA/DC) (28221T) 1200 Pennsylvania Ave., NW Washington, DC 20460-0001 RE: REGISTRATION REVIEW; AVAILABILITY: PARAQUAT DICHLORIDE DRAFT HUMAN HEALTH AND ECOLOGICAL RISK ASSESSMENTS; EPA-HQ-OPP-2011-0855 To Whom It May Concern: On behalf of the Agricultural Retailers Association (ARA), I submit the following comments regarding the U.S. Environmental Protection Agency's (EPA) registration review process for paraquat dichloride (Docket # EPA-OPP-2011-0855). Paraquat dichloride, commonly referred to as paraquat, is an important herbicide use to control problem weeds impacting many important crops such as alfalfa, almonds, asparagus, berries, corn, cotton, dry beans, dry peas, peanuts, sorghum, soybeans, and other crops. It is also used as a desiccant. ARA is a not-for-profit trade association that represents America's agricultural retailers and distributors. ARA members provide goods and services to farmers and ranchers which include: fertilizer, crop protection chemicals, seed, crop scouting, soil testing, custom application of pesticides and fertilizers, and development of comprehensive nutrient management plans. Retail and distribution facilities are scattered throughout all 50 states and range in size from small family-held businesses or farmer cooperatives to large companies with multiple outlets. ARA supports efforts that will provide more information and warnings to draw more attention to the toxicity of paraquat and how to safely handle and securely store the product in order to help prevent accidental injury or death. According to documents found in the docket folder from 1990- 2014, there have been 27 fatalities due to the ingestion of paraquat. The majority of these fatalities have been due to intentional ingestion to induce death. The other fatalities were due to someone unknowingly ingesting paraquat found in containers that were not the original, labeled container. Label language prohibiting the transfer of paraquat into food or beverage containers has been in place for over two decades. Paraquat products are specifically formulated with stench agents and an emetic to deter bringing the product close to the face and swallowing. These features combined with increased product awareness are ample protections to prevent an accidental ingestion. Transferring pesticides into unauthorized / unlabeled containers is a deliberate act, not an accident, that requires the intentional violation of Federal law and product labeling, not the type of accidental exposure a closed system is intended to prevent. ARA is very concerned with the increased costs a closed system will place on the industry. Drexel Chemical Company has previously estimated the new and unnecessary EPA requirements will cause paraquat products to increase in pricing by 25% to as high as 50%. ARA raised similar concerns in previous comments submitted in 2016. Paraquat is a critical component of many conservation tillage programs and it provides an alternative mode of action for managing weeds that have developed resistance to glyphosate. It is very unlikely weeds could develop resistance to paraquat. Many of the new EPA requirements will make it very restrictive to purchase and apply paraquat products. ARA is also concerned with the trend of EPA requiring additional product specific training for certified applicators. If there are specific concerns with the handling and application of pesticide products such as paraquat or dicamba it should be included in the general certified applicator training. ARA supports the continued access to paraquat without any of the proposed further mitigation measures. ARA believes any additional label changes and commercial applicator restrictions to this product or other product labels should be uniform and consistent with any Restricted Use Pesticides Applicator regulations. Thank you for your review and consideration of ARA's comments. Sincerely…

May 9, 2016 OPP Docket Environmental Protection Agency Docket Center (EPA/DC) (28221T) 1200 Pennsylvania Ave., NW. Washington, DC 20460-0001 Re: EPA-HQ-OPP-2011-0855 To Whom It May Concern: On behalf of the Agricultural Retailers Association (ARA), I submit the following comments in regards to the U.S. Environmental Protection Agency's (EPA) registration review process for Paraquat which is an important herbicide for control of many problem weeds in alfalfa, almonds, asparagus, berries, corn, cotton, chemical fallow, dry beans, dry peas, peanuts, sorghum, soybeans, and other crops. It is also used as a desiccant/defoliant/harvest aid in many crops. ARA is a not-for-profit trade association that represents America's agricultural retailers and distributors. ARA members provide goods and services to farmers and ranchers which include: fertilizer, crop protection chemicals, seed, crop scouting, soil testing, custom application of pesticides and fertilizers, and development of comprehensive nutrient management plans. Retail and distribution facilities are scattered throughout all 50 states and range in size from small family-held businesses or farmer cooperatives to large companies with multiple outlets. Paraquat is a critical component of many conservation tillage programs and it provides an alternative mode of action for managing weeds that have developed resistance to glyphosate. The suggestions in the proposed interim mitigation decision include the following: Label changes emphasizing paraquat toxicity and supplemental warnings (planned for 2016) Targeted stewardship/training requirements for paraquat users (above and beyond certified applicator training - planned for 2016) Prohibition of applications with hand-held equipment (planned for 2017) Closed system requirement (planned for 2018) oEliminates ability to jar-test for mixing compatibility oAdditional specialized equipment may be needed creating complexity for applicators/users Restricts use to only Certified Applicators (will not allow applicators under supervision of certified applicators - planned for 2018) Many of these requirements will make it very restrictive to purchase and apply paraquat products. We are concerned about the requirements for the use of a Closed System that will eliminate the ability to jar-test for mixing compatibility and may require additional specialized equipment creating complexity for applicators. For these reasons ARA supports the continued access to paraquat without further mitigation measures. We believe any additional label changes and commercial applicator restrictions to this product or other product labels should be uniform and consistent with any final Restricted Use Pesticides Applicator final regulations. If you have any questions about the information listed above, please don't hesitate in contacting me. Thank you for your consideration. Sincerely, Richard Gupton Senior Vice President, Public Policy & Counsel Agricultural Retailers Association