SFIREG EQI Committee Meets
Oct 4th
The State FIFRA Issues Research and Evaluation Group, Working Committee, Environmental Quality Issues, meets on October 15-16, 2012, at EPA, 2777 South Crystal Drive, One Potomac Yards (South Building), 1st Floor. The public can attend in person or call in using 1-866-299-3188 then 7033055561#. The meeting agenda includes “ESA: General Update, Rozol Status, and Bulletins Discussion”; and “Endocrine Disruptors Screening Update.” The meeting agenda is available online at http://www.aapco.org/meetings/agenda-eqi2.pdf.
CRE Comments on EPA’s Risk Assessment Framework
Sep 28th
On September 26, 2012, the Center for Regulatory Effectiveness submitted comments on EPA’s draft Framework for Human Health Risk Assessment to Inform Decision Making. CRE’s comments included the following points:
● The Framework should be revised to reference and discuss EPA’s Information Quality Guidelines requirements for risk assessments.
● The Framework should be revised to reference and discuss the Office of Management and Budget’s Memorandum on Updated Principles for Risk Analysis.
● The Framework should be revised to reference and discuss EPA’s Council for Regulatory Environmental Modeling Guidance on the Development, Evaluation, and Application of Environmental Models.
Enviros Say They have Standing to Bring ESA Pesticides Claim, and Industry Says they Don’t
Sep 27th
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. Dow AgroSciences and CropLife America intervened in the case, and filed a motion for judgment on the pleadings in it.
The Environmental NGO plaintiffs have a filed a response opposing the Intervenors’ motion. According to them
EPA Supports Industry Intervenors’ Motion to Dismiss ESA Pesticides Case
Sep 20th
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. Dow AgroSciences and CropLife America intervened in the case, and filed a motion for judgment on the pleadings in it.
EPA has filed a response supporting the industry intervenors’ motion and arguing that the case should be dismissed on standing grounds. EPA’s response states in part:
Intervenors Ask Washington Court to Dismiss ESA Pesticides Case on the Pleadings
Sep 13th
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. Dow AgroSciences and CropLife America intervened in the case.
Dow and CropLife have filed a motion for judgment on the pleadings in the case. Their motion argues that the plaintiffs have failed to allege facts sufficient to demonstrate their standing to bring the case. Their motion also argues that the plaintiffs’ complaint fails to state claims upon which the court could grant relief. The court has not yet ruled on Dow and CropLife’s motion.
Enviros Voluntarily Dismiss ESA Pesticides Appeal
Sep 7th
Environmental groups sued EPA under the Endangered Species Act, claiming that EPA violated the ESA by failing to consult on endangered species impacts. The Arizona federal court dismissed the case, holding that these claims cannot be brought under the ESA. They have to be brought under FIFRA. The dismissed enviros appealed this decision to the United States Court of Appeals for the Ninth Circuit.
On August 6, 2012, the Ninth Circuit granted the enviros motion to voluntarily dismiss their appeal. There is speculation that the enviros were afraid the Ninth Circuit would agree with the district court, thereby creating a more significant adverse precedent.
CRE Comments on EPA’s Pollinator Risk Assessment Framework
Aug 30th
On August 28, 2012, the Center for Regulatory Effectiveness filed comments with EPA on the FIFRA Scientific Advisory Panel Public Meeting on EPA’s Pollinator Risk Assessment Framework. This SAP will meet on September 11-14, 2012.
CRE’s comments are available online at http://www.thecre.com/oira_pd/?p=110 . They apply a Data Quality Act analysis to this SAP’s review, and they include the following summary:
“1. The Data Quality Act and its guidelines apply to studies and data authored or collected by outside (or ‘third-party’) entities. The agency will not be able to use such studies or data in a risk assessment unless they can meet the law’s quality standards.
FWS Relies on Studies that Flunked Peer Review
Aug 23rd
On August 22, 2012, the U.S, Fish and Wildlife Service published Federal Register notice of a proposed rule designating critical habitat under the Endangered Species Act for four central Texas salamanders. This FWS notice is available online at http://www.gpo.gov/fdsys/pkg/FR-2012-08-22/pdf/2012-19659.pdf. The FWS’ proposed rule cites and relies on atrazine research by Dr. Tyrone Hayes: “atrazine has been shown to impair sexual development in male amphibians at concentrations as low as 0.1 part per billion (Hayes 2002, p.5, 477).” The FWS never mentions that Dr. Hayes’ research was reviewed and rejected by external, expert peer review because his research is not reproducible. See EPA Science Advisory Minutes available online at http://www.epa.gov/scipoly/sap/meetings/2007/october/finalminutes.pdf, and at http://www.epa.gov/scipoly/sap/meetings/2003/june/junemeetingreport.pdf.
Agencies Start Comment Period on ESA Pesticides Stakeholder Participation Guidance
Aug 17th
On August 17, 2012, the U.S. Environmental Protection Agency published Federal Register notice seeking public comment on a proposal to enhance opportunities for stakeholders to provide input during its review of pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act and associated consultations under Section 7 of the Endangered Species Act. This proposal was jointly prepared by EPA, the U.S. Department of Agriculture, the National Marine Fisheries Service, and the Fish and Wildlife Service. The proposal describes significant changes to EPA’s registration review process which are intended to facilitate ESA pesticide consultations and coordination across these Federal agencies, and calls for a greater role for USDA. Comments must be received by EPA on or before October 16, 2012.
EPA Seeks Comment on EDSP ICR Extension
Aug 9th
On August 9, 2012, EPA published Federal Register notice seeking public comment on EPA’s plan to request that OMB approve an extension of EPA’s current Information Collection Request for ‘‘Tier 1 Screening of Certain Chemicals Under the Endocrine Disruptor Screening Program.” This ICR is identified by EPA ICR No. 2249.03 and OMB Control No. 2070–0176. OMB’s current approval of this ICR expires October 31, 2012. Comments on EPA’s plan to request an extension must be received by EPA on or before October 9, 2012.
●Click here to read EPA’s Federal Register notice
● Click here to read OMB’s website for this ICR