The Center for Regulatory Effectiveness filed written comments with the Environmental Protection Agency on EPA’s proposed Revised Method for National Level Endangered Species Risk Assessment Process for Biological Evaluations of Pesticides. CRE’s written comments discuss two recent Office of Management and Budget (“OMB”) Memoranda that have a significant impact on EPA’s proposed ESA Risk Assessment Procedures. CRE also exhorted EPA to heed Congress’ intent and requirements in the Farm Bill. There Congress required that EPA and the Services craft a pesticide ESA consultation process that is affordable and practicable as well as protective.

The first OMB Memorandum is “Guidance on Compliance with the Congressional Review Act.” Among other effects on EPA’s proposed ESA Risk Assessment Procedures, this OMB Memorandum explains that EPA has to submit its proposed Procedures to OMB so that OMB can determine whether they are “Major Rules” under the CRA. EPA has to include an economic analysis in its package sent for OMB CRA review.

The second OMB Memorandum is “Improving Implementation of the Information Quality Act.” Its stated purpose “is to reinforce, clarify, and interpret agency responsibilities with regard to responsibilities under the Information Quality Act (IQA).” EPA’s proposed ESA Risk Assessment Procedures are subject to the IQA as interpreted by this OMB Memorandum. CRE’s written comments to EPA stress the following four points about this OMB Memorandum’s effect on EPA’s proposed ESA Risk Assessment Procedures.

First, EPA’s proposed ESA Risk Assessment Procedures are “Influential Information” required to comply with the OMB IQA Memorandum.

Second, EPA has to provide increased access to data as part of EPA’s proposed ESA Risk Assessment Procedures.

Third, the OMB IQA Memorandum requires expanded peer review of EPA’s proposed ESA Risk Assessment Procedures.

Fourth, OMB Has to Review and Approve EPA’s Responses to any IQA Requests for Correction of the EPA’s proposed ESA Risk Assessment Procedures.

On June 10, 2019, CRE’s Jim Tozzi presented oral comments at an EPA public hearing on EPA’s proposed ESA Risk Assessment Procedures. Dr. Tozzi’s oral comments are consistent with CRE’s subsequently filed written comments.

Click here to read CRE’s filed written comments.