NMFS Issues Final BiOp for Three Pesticides
Jun 6th
In a letter to EPA dated May 31, 2012, the U.S. National Marine Fisheries Service issued a final Biological Opinion on the effects of EPA’s registration of pesticides containing the active ingredients oryzalin, pendimethalin, and trifluralin on endangered species, threatened species and critical habitat that has been designated for those species. NMFS’ BiOp concludes that pesticide products containing these three active ingredients are likely to jeopardize approximately half of the listed pacific salmonid ESUs/DPUs and adversely modify their designated critical habitat.
● Click here to read NMFS’ BiOp
CRE Requests SAP Review of EDSP
May 31st
On May 29, 2012, the Center for Regulatory Effectiveness filed comments supporting an industry petition critical of EPA’s Endocrine Disruptor Screening Program. Among other comments, CRE requested that EPA have a FIFRA Science Advisory Panel review several aspects of the EDSP before EPA takes any further action on this program.
● Click below to read CRE’s comments supporting EDSP petition.
CRE Briefs NAS/NRC Review Committee on Data Quality Standards
May 25th
The National Academy of Sciences’ National Research Council is reviewing ecological risk assessments for pesticides under FIFRA and the Endangered Species Act. This review is being conducted at the request of EPA, NOAA/National Marine Fisheries Service, the Fish and Wildlife Service, and the Department of Agriculture. EPA, NMFS and FWS do not always agree on data and analyses during their Section 7 consultations.
EPA, NMFS and FWS have not adequately briefed the NAS/NRC Committee on the Government-wide data quality protocols and standards that govern their ecological risk assessments under FIFRA and the ESA. Consequently, the Center for Regulatory Effectiveness submitted a White Paper for the Committee’s review. This White Paper discusses:
EPA Criticizes NMFS’ Draft Dinitroaniline BiOp
May 17th
In a letter dated May 11, 2012, EPA responded to NMFS’ draft biological opinion for three dinitroaniline herbicides’ effects on Pacific salmon, steelhead and their critical habitat, if designated. The three herbicides are oryzalin, pendimethalin, and trifluralin. EPA criticized NMFS’s draft BiOp on several grounds, including NMFS’s “multiple conservative assumptions in exposure modeling leading to physically impossible results such as NMFS’ floodplain exposure results that exceeded chemical solubility limits.”
● Click here to read EPA’s response to draft dinitroaniline BiOp.
NMFS Requests Comment on NMFS’ Thiobencarb BiOp
May 17th
EPA requests comments by June 12, 2012, on draft Reasonable and Prudent Measures and Alternatives included in NMFS’ draft Biological Opinion on the potential effects from the pesticide thiobencarb on ESA-listed Pacific salmon and steelhead. NMFS’ draft BiOp also addresses the pesticide molinate. However at the request of the registrants all molinate uses were cancelled effective July 30, 2008, and the last use date was August 31, 2009.
●Click here to read EPA’s request for comments on NMFS’ draft BiOp for thiobencarb and molinate
California ESA Pesticides Court Issues Order on Industry Motions
May 11th
Environmental NGOs are suing 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. At the Government’s and NGO’s request, the case has been stayed to allow settlement negotiations. Several industry Interveners filed motions to dismiss the NGO plaintiffs’ complaint for lack of jurisdiction over the case; to allow their intervention for all purposes in the case; and to lift the stay of the case. The Interveners include CropLife America and the American Chemistry Council. The court has not yet granted them full participation in the case. The Government Defendants and NGO Plaintiffs oppose the industry Intervener motions, and want the stay continued to allow settlement negotiations to continue.
EPA Hasn’t Got a Date for EDSP Tier 2 Test Orders
May 4th
Many companies have already submitted their test results in response to EPA’s test orders under Tier 1 of the Endocrine Disruptor Screening Program. These companies now await EPA’s decision whether they have to conduct additional Tier 2 EDSP tests. EPA representatives spoke at the Pesticide Program Dialogue Committee Meeting on May 3, 2012. They were repeatedly asked by PPDC members when EPA would decide which companies have to perform Tier 2 tests. The EPA representatives would not give a date for this decision. They also said that a decision on Tier 2 tests would be made on the “weight of the evidence,” and not just Tier 1 test results. They did, however, state that EPA will assume a product is not an endocrine disruptor if it does not test positive for endocrine disruption on Tier 1 tests.
Agencies Respond to NAS/NRC Questions
Apr 27th
The National Academy of Sciences’ National Research Council is reviewing ecological risk assessments for pesticides under FIFRA and the Endangered Species Act. This review is being conducted at the request of EPA, NOAA/National Marine Fisheries Service, the Fish and Wildlife Service, and the Department of Agriculture. EPA, NMFS and FWS do not always agree on data and analyses during their Section 7 consultations. These consultations are sometimes required by the ESA when EPA is performing pesticide registrations under FIFRA. The three agencies have responded to questions asked them by the NAS/NRC review panel. These questions relate to the agencies’ disagreements over data and analyses.
PPDC Meets on May 3-4
Apr 20th
The Pesticide Program Dialogue Committee (PPDC) is scheduled for May 3–4, 2012. Four PPDC Workgroup meetings are also scheduled for May 2, 2012: Integrated Pest Management, Comparative Safety Statements, Public Health, and Pollinator Protection. The PPDC 21st Century Toxicology Workgroup is scheduled to meet on May 3, 2012. All meetings are free, open to the public, and no advance registration is required. The PPDC and Workgroup meetings will be held at EPA’s location at 1 Potomac Yard South, 2777 South Crystal Drive, Arlington, VA. A draft agenda is available at http://www.epa.gov/pesticides/ppdc/.
● Click here to read Federal Register notice of meeting
California Court Allows CropLife Intervention in Red-Legged Frog Case
Apr 13th
In an order dated March 22, 2012, the United States District Court for the Northern District of California granted CropLife America full intervention as of right in all aspects of a case brought by the Center for Biological Diversity. This case presents Endangered Species Act-based challenges to pesticide registrations: Center for Biological Diversity v. U.S. Fish & Wildlife, No. C 11-05108 JSW (N.D.Cal.). The NGOs in this case challenge the alleged failure of defendants Environmental Protection Agency and United States Fish and Wildlife Service to timely complete the consultation process under Section 7(a)(2) of the ESA with regard to impacts on the California red-legged frog from sixty-four pesticides that are subject to the terms of the Court’s prior Injunction and Order. The court granted intervention because it held that the Federal Government defendants only represented the public interest, and not the private commercial interests represented by the pesticide trade association CropLife.