STATE OF WASHINGTON 

## DEPARTMENT OF AGRICULTURE P.O
. Box42560 • Olympia, Washington 98504-2560 • ( 360) 902-1800 March 16, 2016
Tawanda Maig nan, Team Leader ( Team 9) Risk Integ ration, Minor Use, a nd Eme rgency Response Branch U.S. EPA Office of Pest i cide Programs (7 SOSP) Room S4900, One Potomac Yard 2777 Crystal Drive Arlington, VA 22202 RE: Emergency use of pyridate (Tough SEC Herbicide) in mint Section 18 of the amended FIFRA provides the Admin istrator may exempt a state or federal agency from provisions of FIFRA if a determ i nation is made that eme rgency conditions exist wh i ch require such exemption. The Washington State Department of Agriculture i s app lying for a specific exemption for the use of pyridate (Tough SEC) to control kochia, red root pigweed , and other problematic broad leaf weeds in mint. This is our third request for this emergency use, but our first such request si nce 2000. Please refer to similar section 18 requests submitted by the Oregon Department of Agricu lture and Idaho Department of Agriculture for add itional informat ion. Informat ion required in 40 CFR 166.20 (a) is presented below
. A
. Summ ary of Ge ne ral Inf o rm ation 1. Type of Exempti o n : Specific 2
. C o ntact P e rso ns: Steve Salisbury (Technica l) Dr
. Rick
. Boydston (Scientific) Mint Industry Research Council USDA-ARS Irrigated Ag. Research 

### & Ext. Cente r PO Box 4059 24106 N. Bunn Rd. Salem, OR 97302-1059 Prosser, WA 99350-8694 Phone: 503 -551-3747 Phone : 509-786 -9267 Email:

**eve(a>~a**

**ci ficag**  **esou**
**ce .com**  Ema il:

**rick.bo~dston@ars usda.gov** 

**ShaneJohnson(Economic~** Liesbeth Bosman (Registrant) Washington M i nt Commiss ion Belchim Crop Protection, I nc. 100 North Fru itland St ., Suite B Technologielaan 7 Kennewick, WA 99336 1 840 Londerzee l, BE L GIUM Phone: 509 -585-5460; Email : Phone: +32 (0) 473 86 52 33 ShaneJ@ag m gt.com Email: Liesbeth
. Bosman(a)Belch i m. co m

1Mr
. Richa rd Carver, US Registration Agent Critical Path Services (a Knoell company) 3070 McCann Farm Drive, Suite 112 Garnet Valley, PA 19060 Tel. 610.SS8
.300; Fax 610.SS8.602S (see Attachment 8)
3
. Descri ption of Pesticide: Active Ingredient : Pyridate Trade Name : Tough Herbicide SEC (not currently registered in U.S
. ) Formu lat ion: Emulsifiable concentrate SS.8% (S.O lb. ai. per gal.) active ingredient. Registrant/Manufacturer: Belchim Crop Protection U
.S
. Distributor : Engage Agro USA Corp. 4. Descripti on of Proposed Use:

a. Sites to be Treated: Pepperm i nt and speafmint grown in following counties of Eastern Washington : Adams, Benton, Franklin, Grant, Kittitas, Lincoln, and Yakima. b. Method of App l ication: Tough SEC may be applied by ground equipment only. c. Rate of Application: A maximum application rate of 24 fl. oz. (0.937S lb. active ingredient) may be used per acre. d. Maximum Number of Applications : One application
. e. Total Acreage to be Treated : Approximately 1S,SOO acres (SO% of total Wash i ngton acreage may be affected). 

### f. Total pesticide to be used: 2,906 gallons (14,S311bs. active ingredient) g. Use Period : April1 through December 31, 2016. h. Harvest Dates: The majority of peppermint acreage is harvested once in August. However, some peppermint growers are double cutting their crop. Double -cut mint is harvested twice during the growing year, once in June and again in late August or early September
. Spearmint is harvested twice duri ng the growing season , once in the m iddle of June and again i n the middle of August. 

### i. Other Restrictions, User Precautions, and Requireme nts

• The product container labe l for Tough' M S E C Herbicide (Attachment 1) and the Wash i ngton Section 18 use directions (Attachment 2) for mint must be in possession of the user at the time of pesticide applications. Follow all precautionary/hazard and worker protection requirements on the product labeling. • Do not enter or all ow worker entry into t reated areas during the restricted -entry inte rval (REI) of 24 hours. • Do not use treated fields or forage for livestock feed or grazing. • Do not app ly Tough SEC Herbicide through any type of irri gation system or by air
. • Do not app ly Tough SEC to m i nt within 49 days before harvest
. • To protect endangered plant species, one of the following options must be us ed: (1) Apply only when there is a sustained wind away from wetland/transitional zone native 2

### plant communities; (2) Leave a 25 -foot buffer between treatment area and wetland/transitiona l zone nat ive plant comm u nities; or (3) Use low pressure nozzles according to manufacturer's spe cifications that produce only coarse or very coa rse droplets
. • To prote c t endangered freshwater inverte brate species, do not apply ToughTM within 100 yards of

### any freshwater s pring
. • Any adve rse effects that may result from the use ofToughTM under this emergency exemption must be immediately reported to th e Washington State Department of Agriculture. • Any u nused, unregistered product must e it her be returned to the manufacturer or dist ri b utor (unopened contai ne rs), or be disposed of in accordance wit h the Resource Conservation and Recovery Act (RCRA) regulations following the expiration of the em ergency exe mption. 5. Alternative Methods of Control: 

### a . Registered Post-Emergent Herbicide Alte rn atives



### 1. Bentazon (Basagran) provides inconsistent (pa rt ial) post-emergence contro l of kochia and does not cont ro l p igweed. Weed s emerging after applicat ion are not controlled. 2. Terbacil (Sin bar) does not contro l kochia and pigweed , which has developed resista nt biotypes due to years of continuous use. Terba cil does not provide effective control of weeds larger than seed lings. Terbacil is not an opt ion when rotating from mint into other crops t he fo llowing year due to soi l persistence and crop rotational restrictions. Terb acil shou ld not be applied to mint on sandy, loamy sands, or soi ls with less than 1% organic matter to avoid injury. 3. Bromoxyn il (Maestro) is phytotoxic to actively growi ng mint and should not be applied above 70 degrees Fto actively g rowing mint. Th i s herbicide gives partial contro l of kochia and pigweed seed lings only
. 4. Clethodim (Select Max) , sethoxydim (Poast Plus) , and quizalifop (Assure II) prov ides grass weed contro l only. 5
. Clopy ralid (Stinger) may be used for spot treatment, post emergence control of broadleaf weeds, such as Canada thistle and dandelion. It does not provide effective control of kochia or p igweed. Use of this herbicide can damage mint. 6. MCPB (Thistrol)- Can only be applied early post-emergent to wee ds and to dorma nt or small or newly emerged mint. Use of this herbicide does not prov id e com plete control of Canada t h istl e and fie ld bindweed and can injury mint. b. Oth er alternat ives Mechanica l weed control methods, such as tillage , are not feasible o r practiced i n actively grow i ng mint. Tillage damages the crop an d can spread diseases (Verticillium wi lt) and rhizomes and stolons of perennial weeds
. Hand ro guing is cost prohibitive and does not provide season long control of weeds
. In addition , t he labor needed for hand weeding is not ge n erally available. No effective biological co ntrol methods have been developed
. c. Ongoing Research for Chem ical Alternatives: Numerous pre-emergent and post-emergent herb ici des have been tested and evaluated over t he past decade, with little or no success. The mint i ndustry has been diligently investing research funds to discover effective po st-emergent broadl eaf weed herbicides, w h ich are safe to mint. Dr
. Boydston explained that sulfentrazone (Spartan) applied at low rate s after t he f irst mint harvest has provided good co ntrol of p igweed with littl e injury t o m int and an IR-4 project was in itiated to develop a label for this use, but after numerous years sulfentrazone is still not la beled in mint for this use (Attachment 3). Bentazon, te rbacil, bromoxynil , bicyclopyrone, mesotrio ne, tembotrione , top ramezone, fluroxypyr, MCPB, and 3carfentrazone have been tested alone and in various tank mixes applied postemergence to mint. They have either been too injurious to the mint or do not adequately control the pigweed. Pyridate has proven to be effective on broadleaf weeds as well as possesses acceptable post-emergence crop safety needed for mint production. Populations of problem weeds have reached economically devastating levels and is impacting the pr . oducers' ability to compete in the market. Additionally, the recent increased demand for double-cut mint has forced production into and created an un -routine situation for mint producers who have no effective and viable postemergence broad leaf weed control options. 6. Efficacy of the Proposed Use: According to Dr
. Rick Boydston, Weed Scientist, USDA pyridate has been the most effective herbicide for postemergence control of broadleaf weeds that he has tested while also exhibiting excellent crop safety {Attachment 3). 7. Residue Information: The established tolerances for residues of pyridate and its metabolites in/on peppermint and spearmint is 0.2 ppm 8. Risk Information: WSDA is referencing the information submitted by the Oregon Dept. of Agriculture on March 11 , 2016. Endangered or Threatened Species in Washington are listed in Attachment 4. 9. Coordination with Other Agencies The Washington Fish and Wildlife Office of the U.S. Fish and Wildlife Service will receive a copy of this request. Any comments received will be forwarded to the U.S. EPA. 10. Notification of Registrant Belchim Crop Protection, which is the registrant, supports this emergency request (AttachmentS). In addition, Engage Agro USA, which is the U.S. distributor, also supports this request (Attachment 6). 11. Enforcement Program The Washington State Department of Agriculture (WSDA) has adequate authority for enforcing provisions of Section 18 emergency exemptions. 12. Repeat Uses EPA granted Section 18 emergency exemptions for use of pyridate (Tough SEC, Novartis Crop Protection, EPA Reg
. No. 100-880) on mint in Washington in 1999 and 2000. This is the third time that WSDA has requested use of pyridate on mint under FIFRA Section 18. Tough SEC (EPA Reg. No. SS947-168, Sandoz Agro) was first registered for use on corn and peanuts in 1997. The registration was transferred to the successor companies Novartis and then Syngenta Crop Protection under EPA Reg. No
. 100-880. On May 24, 1999, EPA granted a Section 18 emergency exemption to Washington for the use of Novartis' Tough SEC Herbicide for control of red root pigweed and koch ia in mint. EPA re-authorized the emergency exemption to Washington in 2000 for use of pyridate in mint to control weeds that had become resistant to registered alternative herbicides. The SLN WA-010007 for use of Tough SEC on mint was first registered in 2001. Therefore , it was not necessary to submit an emergency request since 2000. Syngenta Crop Protection decided to not support the re-registration of pyridate and voluntarily cancelled the registration of Tough SEC in the U.S. in 2004. WSDA cancelled WA-010007 for use of Tough SEC (EPA Reg. No
. 100-880) in mint on January 1, 2008.

4

### 13. Progress Towards Registration Syngenta recently transferred the U.S. marketing rights for pyridate to the Belch i m Crop Protection company of Belgium. Belch im has had i nitial meetings with EPA to discuss reestablishing U.S. registration of pyridate on certain crops , including mint
. Attached is a list of major studies schedu led in support of updating the pyridate dossier for the re -submission at EPA, which is currently foreseen for September 2016 (Attachment 7). B
. Su m mary of E c

o nomic loss I nform ation Re q uired 1
. Pest(s) t o be Controll ed Kochia (Kochia scoparia} 

### and red root pigweed (Amaronthus retrof lexus} 

### 2
. Discussion ofthe Econ omic loss Kochia and red root pigweed have become resistant to registered post-emerge nt herbicides. A non -routi ne situation in Washington is present because mint growers "lost" the use 

### ofpyridate when Syngenta voluntarily cancell ed the registration in the United States
. There are no other registered herbicides, which can provide effective post-emergent control of kochia, pigweed, and other broadleaf weeds in double-cut mint. Broadleaf weeds will lower mint yield and will reduce the quality of mint oil if present in the mint crop at harvest
. Pre-emergent herbicides, wh ich may be applied in February to early March on dormant mint, generally l oses effectiveness after 4-6 weeks. New weed flushes can occur after the removal ofthe mint canopy followi ng the first cutting in mid to late June. There are no effective post-emergent herbicides that are labeled in mint for control of pigweed and broadleaf weeds during the second half of the growing season. A non-routine situation is present when growers are not able to produce quality double-cut mint due to broadl eaf weed problems. 3. Discussion of Econom ic l oss Economic thresholds for pigweed and kochia are very low. Weeds resistan t to herbicides which mature and form seeds, soo n establish large populations ofthe resistant biotype, if not controlled. Redroot pigweed present i n mint at 1.6 weeds/yd 2 

### renders mint oil unmarketable, due to off-flavors imparted during the dist i llation process . Studies performed by Oregon State University weed scient ists have demonstrated that a redroot pigweed infestation of 10 plants/ft2 can reduce peppermint oil yield by 46%
. Kochia can grow to heights of six feet and several feet in diameter·if it · is not controlled
. An infestation of 2.3 kochia plants/ft2 

### can reduce m i nt o i l yields by over 30% and redu ce oil quality. Kochia and red root pigweed are often found i n complexes of other weeds, which f u rther reduces the yi eld and quality of mint oil. Dr. Boyston, USDA Weed Scientist, explained that uncontrolled weeds lower mint oil yield and quality (off flavors and color)
. Therefore, good weed control is critical for maintaining high quality oil and profitability (Attachment 3). Numerous studies and on-farm use have demonstrated that pyridate controls kochia, pigweed, common lambsquarters, nightshade species and other broad l eaf weed escapes with virtually no i njury to the mint crop, allowing greater oi l yields and higher qual ity oil that is free of weed contamination
. There continues to be a critical need for pyridate in mint production. Tier 2 Analysis The Tier 2 Significant Economic loss (SEll analysis below shows a 20.4% loss of gross revenue based on a combination of reduced oil yie ld and quality associated with the devaluation of tainted oil resulting from weed contaminants. 5Assumptions • The average yield of 1211bs oil/acre is based on the five -year average (2011 -2015) from mint indust ry o i l growers and buyers o i l/acre. • The average loss in oil yield is based on field resea rch trials conducted with pyridate compared to bentazon and/or buctri l in 1993 and 2000 in spearm i nt and peppermint. • It is estimated that control of the problem weeds will reduce the amount of tainted oil produced (i.e. increase production of untainted oi l ) by 20% overal l. • The devaluation oftainted o il ranges from a small percentage deduction to comp lete rejection/loss . Based on industry knowledge, an average devaluati on of 35% was used for this analysi s. This represents an estimated loss of more than $18 million to the mint producers in Washington.

Tier 2 Wash i ngton Economic Analysis of Yield and Qua lity Loss Routine Non-Routine Emergency Oil Yield (lbs 

## I acre) 141 121 Gross Revenue (GR) 

## I Acre GR Unta inted Oil ($21 lb) 

## I Acre $2,665 a/ $1,779 C/



## -- - - -- 

### - GR Tainted Oil ($13.65 lb) 

## I Acre $192 b/ $496d/ Total Gross Reve nu e ($/Acre) $2,857 2,275 To !a l $ Loss of GR $583 loss as a % of Gross Revenue at 

### -

GR Routine/ Untamted Oil- 1411bs/ A X 90% of yield X $21/lb (untamted Oil) b/ GR Routine/ Tainted Oil= 14llbs/A X 10% ofyield X $13.65/lb (tainted oil)

' 1 GR Non- Routine/ Untainted Oil= 12llbs/AX 70% of yield X $21/lb d/ GR Non-Routine/ Tainted Oil= 12llbs/A X 30% of yie ld X $13.65/lb %Change 14.2%

20
.4%

If you have any questions, please contact this office at (360) 902-2030 or Steve L. Fo ss at (360) 902-2049 or e-mail sfoss@agr.wa.gov. Sincerely,

# ~~**\::JC_ N**  

# ___ Robin Schoen-Nessa, Program Manager, Registration Services SLF:cs
cc: Steve Salisbury, Mint Industry Research Counci l Shane Johnson, Washington Mint Commission Liesbeth Bosman, Belchim Crop Protection Eric Maurer, Engage Agro USA 6