Record
of
Meeting
by
conference
call
between
Ed
Gray
(
McDermott,
Will,
&
Emery)
and
EPA
staff
Date:
10/
14/
04
Purpose:
Concerns
raised
by
Mr.
Gray
on
the
proposed
rule
entitled
"
Pesticides;
Emergency
Exemption
Process
Revisions"
(
69FR
53866)
Attendees:
Ed
Gray
(
McDermott,
Will,
&
Emery)
EPA:
Anne
Lindsay,
Bill
Diamond,
Mike
McDavit,
Dan
Rosenblatt,
Andrea
Conrath,
John
Faulkner,
Istanbul
Yusuf,
Scott
Garrison,
and
Joe
Hogue
At
Mr.
Gray's
request,
a
group
of
EPA
personnel
clarified
various
elements
in
the
subject
Notice
of
Proposed
Rulemaking
during
a
conference
call.

Brief
summary
of
Mr.
Gray's
concerns:

°
The
quantitative
thresholds
for
the
three
tiers
in
the
proposed
approach
for
determining
a
Significant
Economic
Loss
(
SEL)
are
such
that
projected
losses
from
the
non­
routine
condition
would,
in
effect,
eliminate
net
income
from
the
affected
crop
before
it
would
be
considered
a
SEL.
This
standard
is
too
high
to
be
the
threshold
for
an
emergency
finding
required
for
an
exemption.

°
The
proposed
approach
for
determining
a
SEL
allows
for
no
flexibility
in
making
an
emergency
finding.
The
approach
should
allow
for
the
use
of
judgement
in
cases
where
projected
losses
nearly
meet
the
thresholds,
as
with
the
current
approach.

°
The
proposed
process
for
allowing
applicants
to
apply
for
certain
repeat
exemptions
by
recertifying
that
the
emergency
condition
continues
to
exist
should
not
be
limited
to
the
second
and
third
years.
Consideration
of
progress
towards
registration
should
be
separate
from
the
emergency
finding
and
application
process.
