EPA and other Agencies Working on Implementation of NAS Report
May 30th
EPA’s ESA pesticides website explains that EPA is working with NMFS, FWS and the Department of Agriculture to implement the findings of the recent NAS report on ESA consultations for pesticides. EPA’s website states:
“On April 30, 2013, the National Academy of Sciences’ National Research Council (NRC) released their recommendations for assessing risks from pesticides to listed species under the Endangered Species Act (ESA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Environmental Protection Agency, the U.S. Department of Agriculture, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service appreciate the comprehensive report provided by the Academy.
EPA Seeks Comment on NMFS’ Draft BiOp
May 14th
EPA requests comments on NMFS’ May 01, 2013 Draft Biological Opinion under the Endangered Species Act issued for Propargite, Fenbutatin Oxide and Diflubenzuron. Comments are due to EPA by May 31, 2013. EPA deserves credit for requesting comments on draft BiOps because NMFS usually doesn’t. Click here to view draft BiOp and for more information on commenting.
NAS Issues ESA Pesticides Report
May 6th
Under the US Endangered Species Act, the Fish and Wildlife Service and the
National Marine Fisheries Service are responsible for designating species as endangered or threatened and ensuring that federal actions do not adversely affect listed species. Under the Federal Insecticide, Fungicide, and Rodenticide Act, the US Environmental Protection Agency is responsible for registering pesticides and ensuring that pesticides do not cause unreasonable adverse effects on the environment, which includes listed species. EPA, FWS, NMFS, and the US Department of Agriculture asked the National Research Council to examine scientific and technical issues related to determining risks to species that are listed under the ESA posed by pesticides that are registered under FIFRA. The NAS report on these issues is available by clicking here.
Court Dismisses ESA Pesticides Mega-Suit
Apr 24th
Environmental NGOs sued EPA, asking a California federal district court to essentially take over EPA’s pesticide program because EPA allegedly failed to meet all its pesticide obligations under the Endangered Species Act. The court has granted the defendants’ motions to dismiss the case. Click here to read court order dismissing the case.
SAP Meets on EDSP Tier 1 Evaluations
Apr 23rd
There will be a 4-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel to consider and review Weight-of-Evidence: Evaluating Results of EDSP Tier 1 Screening. The meeting will be held July 30, 2013–August 2, 2013, from approximately 8:30 a.m. to 5 p.m., at the Environmental Protection Agency, Conference Center, Lobby Level, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA 22202. Click here to read EPA’s Federal Register notice of this meeting.
SFIREG Committees Meet
Apr 11th
The State-FIFRA Issues Research and Evaluation Group is a network of state officials interested in Federal/State “co-regulation” of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. It was established by the Association of American Pesticide Control Officials with financial support from the U.S. Environmental Protection Agency. As part of its cooperative agreement with AAPCO, EPA is substantially involved in SFIREG.
SFIREG’s Environmental Quality Issues working committee and SFIREG’s Pesticide Operations & Management working committee are each currently comprised of 10 state representatives, in addition to the Chair.
The SFIREG EQI Committee will next meet at EPA Potomac Yards, Arlington VA, on May 20-21, 2013.
SAP Meeting on EDSP Tier 2 Tests
Apr 3rd
There will be a 4-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel to consider and review proposed Endocrine Disruptor Screening Program Tier 2 Ecotoxicity Tests. The meeting will be held on June 25–28, 2013, from 9 a.m. to approximately 5:30 p.m. EPA encourages that written comments be submitted by June 11, 2013 and requests for oral comments be submitted by June 18, 2013. However, written comments and requests to make oral comments may be submitted until the date of the meeting, but anyone submitting written comments after June 11, 2013 should contact the Designated Federal Official listed under FOR FURTHER INFORMATION CONTACT in the Agency’s Federal Register notice of this meeting. Click here to read EPA’s Federal Register notice.
Final Paper on Stakeholder Input into FIFRA Registrations and Associated ESA Consultations
Mar 29th
EPA has published its final paper describing enhanced opportunities for stakeholder input during its review of pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act and associated consultations under the Endangered Species Act. The paper was jointly prepared by EPA, the U.S. Department of Agriculture, the National Marine Fisheries Service. and the U.S. Fish and Wildlife Service. The paper describes significant changes to EPA’s registration review process intended to facilitate ESA pesticide consultations and coordination across these Federal agencies, and calls for a greater role for USDA.
Click here to read Federal Register notice announcing availability of the final paper.
NAS/NRC Hopes to Publish FIFRA/ESA Consultations Final Report in May 2013
Mar 26th
NAS/NRC representatives have informed CRE that they now hope to publish the report in NAS/NRC’s review of Ecological Risk Assessment under FIFRA and ESA in May 2013. The NAS/NRC Review Committee intends to publish its report in final form, without allowing public comment on a draft report.
Washington Court Stays Litigation in Light of Fourth Circuit ESA Pesticides Decision
Mar 17th
Environmental NGOs have sued EPA in a Seattle, Washington federal district court claiming that EPA has not taken any steps to implement the measures recommended in NMFS’ ESA consultation biological opinions for diazinon, malathion, chlorpyrifos, carbaryl, carbofuran, and methomyl. The court has stayed this litigation pursuant to the request of the parties in their Joint Status Report, which stated: