Pesticides; Emergency Exemption Process Revisions

November 2, 2004 Public Information and Records Integrity Branch (7502C) Office of Pesticide Programs U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460-0001 Re: Pesticides; Emergency Exemption Process Revision, Docket #2004-0038 The National Corn Growers Association (NCGA) is pleased to offer these comments on the emergency exemption process revision proposal. NCGA was founded in 1957 and represents more than 33,000 dues-paying members from 48 states. NCGA also represents the interests of the more than 300,000 farmers who contribute to the 19 state corn checkoff programs. NCGA supports the agency?s effort to streamline the process for reviewing and approving emergency exemption requests for pesticides. NCGA also supports EPA?s efforts to reduce the paperwork burden and eliminate duplicative data requirements for repeat requests. However, NCGA is very concerned with EPA?s proposal to modify its economic loss criteria and is disappointed the agency decided to drop the 2003 proposal to allow pest resistance prevention to be the basis of an emergency exemption. On average, emergency exemption reviews take three months to process. This does not include the time required by state pesticide agencies and companies to compile the necessary documentation. Pest pressure can grow exponentially or dissipate within three months. Unfortunately, this often forces farmers to estimate the impact a pest may have well before it is realistic to do so. Streamlining and reducing data requirements for repeat requests would help ensure farmers request exemptions when needed. A better process will reduce paperwork and the expenditure of unnecessary time and effort. NCGA believes the proposed 20 percent economic loss threshold is not only unrealistic but also unreasonable. For almost every farmer, substantial economic harm could occur from much less severe losses than the proposed 20 percent threshold. The 20 per