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Highlights

The news releases, reports, and other documents listed below have been selected by the Ag Center because they are of direct importance to the environmental compliance efforts of the agricultural community. The items are in chronological order, with the most recent listed first.

June 26
EPA Clarifies Exclusive Use Provisions for Pesticide Minor Use Registrations
EPA has released a set of questions and answers about exclusive use provisions for pesticide minor use registrations. Minor uses of pesticides are important because they support production of fruits and vegetables and control human pathogens and disease vectors. The document clarifies what the exclusive use provisions are under the Federal Insecticide, Fungicide, and Rodenticide Act, gives instructions on submitting requests, and describes EPA's process for determining exclusive use data protection for minor use registrations.

June 24
EPA To Award $10 Million in New Climate Change Grants to Communities
For the first time, EPA is making available up to $10 million in Climate Showcase Communities grants to local and tribal governments. These grants are designed to assist communities to establish and implement climate change initiatives to help reduce greenhouse gas emissions. The agency expects to award approximately 20-30 cooperative agreements, each one ranging from $100,000 to $500,000. Approximately five percent of the funds ($500,000) are set-asides for tribal governments. The grants would be used to create models of sustainable community action, generate cost-effective greenhouse gas reductions, and improve the environmental, economic, public health, and social conditions in a community, which can be replicated in other communities. Proposals are due July 22, 2009. Grants are expected to be awarded in January 2010.

EPA Issues Suspension Orders for Certain Bonide Carbaryl and Sodium Acifluorfen Pesticide Registrations
Pursuant to section 6(f)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), certain Notices of Intent to Suspend issued by EPA have become final and effective suspension orders. The Notices of Intent to Suspend were issued following the Agency's issuance of a Data Call-In notice (DCI), which required Bonide Products Inc., the registrant of the affected pesticide products, to take appropriate steps to secure certain data; and following the registrant's failure to submit these data or to take other appropriate steps to secure the required data. Failure to comply with the data requirements of a DCI is a basis for suspension of the affected registrations under section 3(c)(2)(B) of FIFRA. As a result of this order, Bonide may not legally distribute, sell, use, offer for sale, hold for sale, ship, deliver for shipment, or receive and (having so received) deliver or offer to deliver, to any person, the following affected products: Grubtox Lawn and Insect Control; Bonide Sevin 5% Dust Insecticide; Bonide Slug, Snail and Sowbug Bait; Bonide Sevin Garden Dust; and KleenUp Grass & Weed Killer Ready to Use.

Environmental Justice Resource Guide Available
EPA’s Environmental Justice Resource Guide, a handbook for community organizers and decision-makers, is now available from EPA’s Pacific Southwest Environmental Justice Office. The guide provides information on funding sources, success stories, and other resources that can help communities understand, prioritize, and address their specific environmental concerns.

Twelve Pesticide Registration Review Dockets Opened for Review and Comment
EPA has established registration review dockets for the following pesticides:

This document also announces the Agency's intent not to open a registration review docket for terpineols. This pesticide does not currently have any actively registered pesticide products and is not, therefore, scheduled for review under the registration review program. Comments must be received on or before August 24, 2009.

EPA Releases Caprylic (Octanoic) Acid Registration Review Final Decision
EPA announces the availability of its final registration review decision for caprylic (octanoic) acid, case 5028. Caprylic (octanoic) acid is an antimicrobial pesticide that is used as a food contact surface sanitizer in commercial food handling establishments. It is also used as a disinfectant in health care facilities and as an algaecide in greenhouses and interiorscapes on ornamentals. In addition, caprylic (octanoic) acid is characterized by low toxicity, is biodegradable, and is found extensively in nature. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2008-0477.

Registration Review Docket for Boll Weevil Attractants Opened for Review and Comment
EPA has established a registration review docket for Boll Weevil Attractants (docket ID # EPA-HQ-OPP-2009-0335) and is opening the public comment period for this registration review. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. Comments must be received on or before August 24, 2009.

EPA Issues Technical Amendment Regarding Data Requirements for Antimicrobial Pesticides
In the Federal Register of October 24, 2007 (72 FR 60251), EPA issued a Final Rule which, among other things, redesignated 40 CFR part 158 as 40 CFR part 161. The regulations in redesignated part 161 were intended to apply to, and are applicable only to antimicrobial pesticides as was shown in the redesignation table. This technical amendment is issued to clarify the applicability of part 161, clear up any confusion among the users of the regulations in 40 CFR parts 158 and 161, and to correct the part heading for part 161 to show applicability to antimicrobial pesticides. The data requirements for conventional, biochemical, and microbial pesticides are set forth in 40 CFR part 158.

EPA Issues Revised Reregistration Eligibility Decision for Malathion
EPA has modified certain risk mitigation measures that were specified in the 2006 Reregistration Eligibility Decision (RED) for the pesticide malathion. EPA conducted this reassessment of the malathion RED in response to public comments received during the comment period and to new data submitted by the technical registrant. The revised malathion RED includes a revised label table that modifies label language for consumer products, ultra low volume applications, and the use patterns for a number of specific crops. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2004-0348.

Two Antimicrobial Pesticide Dockets Opened for Review and Comment
EPA is reviewing pesticide registrations for 2-(Decylthio)ethanamine Hydrochloride (docket ID # EPA-HQ-OPP-2009-0336) and Silver and Compounds (docket ID # EPA-HQ-OPP-2009-0334) to assure that they continue to satisfy the FIFRA standard for registration; that is, they can still be used without unreasonable adverse effects on human health or the environment. Comments must be received on or before September 22, 2009.

EPA Launches NetDMR
EPA Regions and select States, Tribes, and Territories will have a new tool available to assist their regulated National Pollutant Discharge Elimination System (NPDES) facilities in reporting Clean Water Act Discharge Monitoring Reports (DMRs). NetDMR provides an internet-based reporting tool for NPDES facilities to electronically sign and submit DMRs.

Science Advisory Board Integrated Nitrogen Committee To Hold Two Public Teleconferences
The Science Advisory Board (SAB) Integrated Nitrogen Committee will conduct two public teleconferences on July 8, 2009 and July 9, 2009 to discuss the committee's draft report addressing the environmental problems presented by reactive nitrogen and providing recommendations related to an integrated nitrogen management strategy. Agendas and materials in support of the teleconferences will be placed on the SAB Web site in advance of each teleconference. Both teleconferences will begin at 12 p.m. and end at 3 p.m. (Eastern Time).

June 22
EPA Launches Protection Team To Explore Widespread Bee Death
EPA has formed a pollinator protection team to expand the Agency’s inquiry into the possible causes of declines in pollinators, especially honey bee populations in the U.S. The new multidisciplinary team will address the potential risks that pesticides may contribute to what is known as colony collapse disorder. Although the role that pesticides play in the phenomenon has not been scientifically established, the team will explore possible approaches, tools, and resources for reducing the potential risks of pesticides to pollinators. The team has also developed a strategic plan that focuses on three main goals for guiding the Agency’s work and direction in protecting pollinators in the years ahead:

For more information, see EPA's Pollinator Protection Web page.

June 19
EPA Amends Reregistration Eligibility Decision for Copper Pesticides
EPA has modified certain provisions that were specified in the 2006 Reregistration Eligibility Decision (RED) for the copper pesticides. EPA conducted this reassessment of the Coppers RED in response to public comments received during the comment period, and updated information that would impact product labeling. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2005-0558.

New Pyrethrin and Pyrethroid Information Available
EPA's Office of Pesticide Programs (OPP) has launched a new Web site on pyrethrins and pyrethroids. The site includes information about EPA's reevaluation of these pesticides; a paper and related fact sheet on the Agency's analysis of whether an association exists between pyrethrin/pyrethroid exposure and asthma and allergies; a description of new environmental hazard and general labeling for non-agricultural outdoor use pyrethroid products, including tips for consumers to use in reducing the potential for pesticide runoff and drift; and other related topics and issues. Pyrethrins and pyrethroids are insecticides included in over 3,500 registered products, many of which are used widely in and around households, including on pets, in mosquito control, and in agriculture. The use of pyrethrins and pyrethroids has increased during the past decade with the declining use of organophosphate pesticides, which are more acutely toxic to birds and mammals than the pyrethroids.

June 17
EPA Extends Comment Period for Clomazone and Fomesafen Registration Review Draft Ecological Risk Assessments
EPA issued a notice in the Federal Register of April 22, 2009 concerning the availability of EPA's draft ecological risk assessments for the registration review of both clomazone and fomesafen and opened a public comment period on these documents. EPA has extended the comment period for 60 days, from June 22, 2009 to August 21, 2009.

EPA Proposes Registration Review Decision for Citric Acid
EPA announces the availability of its final work plan and proposed registration review decision for the pesticide citric acid and opens a public comment period on the proposed decision. Citric acid is a food-contact and non-food contact antimicrobial pesticide used in many products for residential and public access premises and as a disinfectant fruit and vegetable wash, sanitizer, virucide, and germicide. It is also an inert ingredient in other pesticide products. Citric acid is characterized by low toxicity, is biodegradable, and is found extensively in nature. Comments may be submitted to docket ID number EPA-HQ-OPP-2008-0855 by August 17, 2009.

Pesticide Registration Requests, Actions, and Tolerance Updates

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June 12
EPA Extends Compliance Date for All Facilities and Establishes New Compliance Date for Farms Subject to SPCC Rule
EPA has extended the compliance date for all facilities and established a new compliance date for farms subject to the oil Spill Prevention Control and Countermeasures (SPCC) regulations. This final rule is part of EPA’s multi-phased strategy to address concerns with the SPCC regulation. Specifically, this SPCC rule amendment extends the dates by which the owner or operator of an SPCC regulated facility or farm must prepare or amend and implement an SPCC plan to November 10, 2010.

June 10
EPA Amends Allethrins Reregistration Eligibility Decision
EPA announces the availability of its revised Reregistration Eligibility Decision (RED) for the allethrins series of pesticides. EPA amended the allethrins RED to include an assessment of a registered use for the allethrins (use in commercial animal housing automatic misting systems), which was not considered in the original RED. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2006-0986.

EPA Amends Reregistration Eligibility Decision for Permethrin
EPA has modified the 2006 Reregistration Eligibility Decision (RED) for the pesticide permethrin based on the revised occupational and residential (ORE) risk assessment. EPA conducted this reassessment of the permethrin RED in response to new data submitted by the Consumer Specialty Product Association, Permethrin Dermal Absorption Group. Based on the new data received, the Agency has revised the ORE risk assessment and the permethrin RED, appropriately. In addition, the Agency revised the permethrin label table to reflect the updated labeling for permethrin residential, agricultural, and wide area public health use products. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2004-0385.

June 9
EPA Orders Allrounder Dairies To Stop Discharging
EPA has issued cease and desist administrative orders to the Allrounder I and II Dairies in Hopkins County, Texas, for violations of the federal Clean Water Act. Findings from EPA inspections of the dairies included solid manure build-up and improperly-located mortality management areas. Numerous carcasses were observed floating, uncovered and partially exposed and in various stages of decomposition in a wetland area. Based on these findings, the dairies have been ordered to cease all discharges of pollutants, and within 30 days remove stockpiled manure from drainage areas and land apply or relocate the piles to an area that will ensure runoff is captured in an approved lagoon. The dairies have also been ordered to excavate and relocate their mortality management areas to an approved location that is not in a wetland and does not discharge to a wetland or waterway.

Farm, Ranch, and Rural Communities Committee Schedules Public Teleconference
The Farm, Ranch, and Rural Communities Committee (FRRCC) will hold a public teleconference on Monday, July 13, 2009, from 1 p.m. to 3 p.m. Eastern Daylight Time. The purpose of this teleconference is for the FRRCC to discuss and approve its draft advice letters pertaining to livestock and poultry to EPA, and other issues that are of concern to farms, ranches, and rural communities. A copy of the meeting agenda will be posted at the FRRCC Web site.

Public Meeting of the Science Advisory Board Committee on EPA's Report on the Environment
EPA's Science Advisory Board (SAB) Staff Office announces a public meeting of the SAB Advisory Committee on EPA's Report on the Environment. The Committee will conduct a consultation on proposed approaches to developing future versions of EPA's Report on the Environment. The meeting will be held Tuesday, June 30, 2009 from 9 a.m. to 5 p.m. and Wednesday, July 1, 2009 from 8:30 a.m. to 12 noon (Eastern Time) in Washington, DC.

June 8
Court Grants EPA 2-Year Stay in National Cotton Council et al v. EPA
The Sixth Circuit of Appeals ruled that residuals of chemical pesticides and biological pesticides are pollutants regulated under the Clean Water Act and has recently stayed the effective date of its decision until April 9, 2011. As a result of the ruling, anyone who applies a pesticide in, over, or near waters of the United States will need to be covered by a permit issued under the Clean Water Act after this effective date. Irrigation return flows and agricultural runoff will not require Clean Water Act permits as they are specifically exempted from the Clean Water Act. EPA plans, before the ruling takes effect, to issue general permits under the Clean Water Act for covered pesticide applications, to assist authorized states to develop their permits, and to provide outreach and education to the regulated community. EPA will work closely with state water permitting programs, the regulated community and environmental organizations in developing general permits that are protective of the environment and public health.

June 5
National Livestock and Poultry Environmental Learning Center June Newsletter and Webcast Exit EPA
The June edition of the National Livestock and Poultry Environmental Learning Center (LPELC) newsletter is available. Topics include: July Webcast: Carbon Footprint of Animal Agriculture; Manure Nutrient Management Information Is Just a Click Away; SARE Research and Education Grants Available; Phosphorus Leaching Differs in Dairy Manures; and Upper Midwest Manure Handling Expo. The next live webcast will be on June 19, 2009. The topic is "Managing Mortalities for Cow-calf and Dairy Operations." This presentation will include an overview of a recent FDA rule that is likely to impact the cost and/or availability of rendering for cow-calf and dairy producers. The speakers are: David Meeker of the National Renderers Association; Elizabeth Parker of the National Cattlemen’s Beef Association, and Jean Bonhotal, a dairy producer with extensive experience in composting mortalities.

June 4
EPA Schedules Meeting of the Human Studies Review Board
EPA's Office of the Science Advisor announces a public meeting of the Human Studies Review Board to advise the Agency on EPA's scientific and ethical reviews of research with human subjects. The public meeting will be held from June 24, 2009 in Arlington, VA. Topics for discussion are included in the Federal Register notice linked above.

June 3
EPA Announces Appointment of Agricultural Counselor
EPA Administrator Lisa Jackson announced the appointment of Larry Elworth as the Agriculture Counselor at the agency. Mr. Elworth has more than 30 years experience in agriculture and brings to EPA an understanding of all sides of agricultural issues. He developed that understanding through years as an official shaping national farm policies, and as owner and manager of tree fruit and vineyard operations. He previously served as Executive Director of the Center for Agricultural Partnerships, a nonprofit organization that works with farmers on developing environmentally sound and economically profitable practices. He has worked on national and international pesticide policy, and overseen pest management, agricultural labor, and environmental policy for the Department of Agriculture and the Domestic Policy Council.

EPA Amends REDs for Soil Fumigant Pesticides
EPA has modified certain risk mitigation measures that were specified in the 2008 Reregistration Eligibility Decisions (REDs) for the soil fumigant pesticides chloropicrin, dazomet, metam sodium/potassium, and methyl bromide. EPA conducted this reassessment in response to public comments received during the comment period and new data submitted by the Chloropicrin Manufacturers' Task Force and the California Department of Pesticide Regulation. The Agency received numerous comments on the RED mitigation measures and has made changes to the following measures based on a review of the impacts and risks described in the comments: buffer zones, buffer zone posting, respiratory protection, tarp perforation and removal, good agricultural practices, fumigant management plans, fumigant site monitoring, response information to neighbors, training, and notice to state and tribal lead agencies. The Agency also received new chloropicrin and dazomet flux studies and has taken these new studies into consideration and revised the chloropicrin and dazomet buffer zone tables. The label table incorporated into the chloropicrin, dazomet, metam sodium/ potassium, and methyl bromide RED amendments includes modifications which specify label language for the changes to the mitigation measures described above. Docket ID numbers for each pesticide are listed in the Federal Register notice linked above.

Final Registration Review Decision Available for L-Lactic Acid
EPA has released its final registration review decision for the pesticide L-Lactic Acid, case 6062. L-Lactic Acid is registered as a biochemical pesticide used as a mosquito attractant (in traps). In addition, L-Lactic Acid is also used as an antimicrobial disinfectant, indirect food contact surface sanitizer, fungicide, and virucide when applied to hard, non-porous surfaces such as tile, countertops, metal, or glass. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2008-0383.

FIFRA Scientific Advisory Panel Schedules Public Meeting
There will be a 3-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review the use of structure activity relationships of estrogen binding affinity to support prioritization of pesticide inert ingredients and antimicrobial pesticides for screening and testing. The meeting will be held on August 25-27, 2009, in Arlington, VA.

EPA Releases Reregistration Eligibility Decision for Iodine and Iodophors
EPA has released its Reregistration Eligibility Decision (RED) and supporting science documents for the pesticide iodine and iodophor complexes. The RED document for iodine and iodophor complexes was signed on July 27, 2006 with additional revisions described in a March 17, 2009 amendment. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2006-0599.

Pesticide Registration Requests, Actions, and Tolerance Updates

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June 1
EPA Announces Revised Drinking Water State Revolving Fund Allotments
EPA is announcing the revised Drinking Water State Revolving Fund (DWSRF) allotments that will be provided to the states, the District of Columbia, Puerto Rico, U.S. Territories, American Indian Tribes, and Alaska Native Villages if the President’s budget request for Fiscal Year 2010 is enacted. These allotments reflect the results from EPA’s most recent Drinking Water Infrastructure Needs Survey and Assessment, which was released on March 26, 2009. The revised allocation percentages affect DWSRF Program appropriations for the four years from Fiscal Years 2010 through 2013. The goal of the DWSRF program is to provide states with a financing mechanism for ensuring safe drinking water to the public.

May 29
EPA Proposes Technical Amendment to Pesticide Tolerance Nomenclature
EPA is proposing minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is proposing this action to establish a uniform listing of commodity terms. Comments must be received on or before July 28, 2009.

May 28
EPA Advises Facility Operators To Minimize Releases during Hazardous Weather Events
As hurricane season approaches, EPA is issuing a Hazardous Weather Release Prevention and Reporting alert to remind facility operators of certain regulations that require minimization of chemical releases during process shutdown operations. This alert is designed to increase awareness among facility operators about their obligation to operate facilities safely and report chemical releases in a timely manner. The alert specifies operational release minimization requirements and clarifies reporting requirements, including exemptions. Unlike some natural disasters, the onset of a hurricane is predictable and allows for early preparations to lessen its effect on a facility. Before hurricane force winds and associated storm surge flooding damage industrial processes, the alert recommends that operators take preventive action by safely shutting down processes, or otherwise operate safely under emergency procedures.

Scientists Convene To Discuss New Method To Study How Toxic Chemicals Impact Human Health 
More than 200 scientists, regulators, and policy makers from around the world convened recently at EPA’s first ToxCast Data Analysis Summit to discuss results of the first phase of ToxCast. ToxCast is an innovative approach for profiling how chemicals in our environment impact important biological pathways that are critical for the function of the body’s systems such as the heart, lungs, brain or reproductive organs. EPA launched the ToxCast research program in 2007 to develop a cost-effective approach for prioritizing the toxicity testing of large numbers of chemicals in a short period of time. This new approach to determining how toxic chemicals could impact human health uses cutting-edge biological tests to determine how chemicals affect cellular functions. ToxCast will help EPA determine under what conditions environmental exposures pose risks to human health.

EPA Green Lights First Antimicrobial Pesticide Against Anthrax
EPA has approved the first registration of an antimicrobial pesticide product to deactivate anthrax spores on hard surfaces. “Peridox with the Electrostatic Decontamination System” can decontaminate buildings, structures, vehicles, ships, aircraft, personal protective equipment, and other items infected with anthrax spores. Its use is limited to dry, precleaned, hard, nonporous surfaces. Peridox is the first pesticide registered to deactivate anthrax spores. EPA previously issued crisis exemptions allowing use of unregistered antimicrobial chemicals to clean buildings and any contents contaminated with anthrax spores.

SAB Announces Public Teleconference of the Clean Air Scientific Advisory Committee (CASAC)
EPA's Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee to review and approve the draft report of the CASAC Carbon Monoxide Review Panel regarding EPA's Integrated Science Assessment for Carbon Monoxide: First External Review Draft (March 2009). The public teleconference will be held on Wednesday, June 17, 2009 from 9 a.m. to 11 a.m. (Eastern Time).

May 27
EPA Strengthens Safety Measures for Soil Fumigant Pesticides
EPA is strengthening safety measures for soil fumigant pesticides. The safety measures will reduce fumigant exposures to bystanders—people who live, work, attend school, or spend time near agricultural fields that are fumigated—and increase overall safety of fumigant use by requiring greater planning and compliance. Soil fumigants are pesticides that, when injected or incorporated into soil, form a gas that permeates the soil and kills a wide array of soil-borne pests. The gas can migrate from the soil into the air. Off-site workers or bystanders exposed to these pesticides may experience eye, nose, throat, or respiratory irritation, or more severe poisonings, depending on the fumigant and level of exposure. Some of the new safety measures include creating buffer zones, enforcing posting requirements, adding measures to protect agricultural workers and strengthening training programs, among other practices. Fumigants are used on a wide range of crops, primarily potatoes, tomatoes, strawberries, carrots, and peppers. The soil fumigants methyl bromide, chloropicrin, dazomet, metam sodium, metam potassium, and iodomethane are all subject to the new requirements.

Growers Reminded to Apply Pesticides Properly
EPA is reminding growers and pesticide applicators to pay attention to label requirements when applying pesticides to crops near harvest time. "All pesticide label instructions need to be followed and it’s especially important that pesticides are applied the proper number of days before harvest," said Jamie Green, Chief of EPA’s Region 7 Toxics and Pesticides Branch in Kansas City. "EPA and our state regulatory partners want to avoid a repeat of the situation faced by a number of Kansas and Nebraska wheat growers in 2008. A late season fungicide application contributed to delayed harvests by some growers in order to ensure compliance with federal regulations." EPA and our state partners are responsible for ensuring compliance with pesticide label directions. Failure to follow label instructions is a violation of federal and state pesticide laws.

May 26
EPA Proposes Changes to Renewable Fuel Standard Program
EPA is proposing a regulation to implement changes to the Renewable Fuel Standard program as mandated by the Clean Air Act. The revised statutory requirements specify the volumes of cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel each year, with the volumes increasing over time. The rule proposes regulations designed to ensure that refiners, blenders, and importers of gasoline and diesel would use enough renewable fuel each year so that the four volume requirements of the Energy Independence and Security Act would be met with renewable fuels that also meet the required lifecycle greenhouse gas emissions performance standards. A public hearing will be held on June 9, 2009 at the Dupont Hotel in Washington, DC. EPA will hold a workshop on June 10-11, 2009 at the Dupont Hotel in Washington, DC to present details of our lifecycle GHG analysis. During this workshop, EPA intends to go through the lifecycle GHG analysis included in this proposal. Comments must be received on or before July 27, 2009.

SFIREG Full Committee Meeting Scheduled
The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) will hold a 2-day meeting, beginning on June 22, 2009 and ending June 23, 2009, in Arlington, Virginia. Tentative agenda topics are listed in the Federal Register notice, linked above.

May 21
EPA Administrator Restores NAAQS Policy Document
Stressing the importance of scientific integrity and transparency, EPA Administrator Lisa P. Jackson today called for key changes to the process for reviewing National Ambient Air Quality Standards (NAAQS) to protect human health and the environment. EPA sets NAAQS for six key pollutants known as "criteria pollutants" that are commonly found across the United States. They are ozone, particle pollution (particulate matter), lead, carbon monoxide, nitrogen dioxide and sulfur dioxide. EPA is reinstating the role of a key policy document created by agency scientists that contains staff analyses of options for the administrator to consider when setting air quality standards. This document, known as a "staff paper," will be made available to the agency’s science advisors and the public prior to the initiation of formal rulemaking. In addition to restoring the policy document, Administrator Jackson is retaining previous changes that improved the review process. Those include a public workshop early in the NAAQS review, and the restructuring of key science and risks documents so they are more concise and focused on key scientific and policy issues. Jackson also asked staff to consult with scientific experts in other federal agencies that have responsibility for public health and environmental protection early in the review of each air quality standard.

EPA Announces New IRIS Assessment Development Process
EPA Administrator Lisa P. Jackson today announced reforms to the agency’s Integrated Risk Information System (IRIS) that will revitalize the program and ensure its scientific quality, integrity, transparency and timeliness. The IRIS database provides crucial information on ways human health is impacted by exposure to chemical substances in air, water, and land both from contaminated sites and from products. Combined with specific exposure information, government and private entities use IRIS to help characterize public health risks of chemical substances in a site-specific situation and thereby support risk management decisions designed to protect public health. Highlights of the new IRIS development process include a streamlined review schedule, ensuring that the majority of assessments are posted on IRIS within two years of the start date. This will result in more human health assessments being available to EPA’s programs and regions and to other users of the IRIS database. The new process will no longer provide other federal agencies the opportunity to request suspension of an assessment process to conduct research on “mission critical” chemicals.

May 20
Request for Methyl Bromide Critical Use Exemption Applications for 2012
EPA is soliciting applications for the critical use exemption from the phaseout of methyl bromide for 2012 and beyond. This exemption is an annual exemption and all entities interested in obtaining a critical use exemption must provide EPA with technical and economic information to support a "critical use" claim and must do so by the deadline specified in this notice even if they have previously applied for an exemption. Today's notice also invites interested parties to provide EPA with new data on the technical and economic feasibility of methyl bromide alternatives. Applications for the critical use exemption must be postmarked on or before July 20, 2009.

EPA Requests Proposals for Region 8’s Fiscal Year 2009 Sustainable Practices and Regional Priorities Grant Program
EPA announces the availability of funding from four Region 8 grant programs for projects that are to be conducted within the boundaries of Region 8.
The four programs are:

All projects under this area must be performed on tribal lands in Region 8. Link to full announcement (PDF) (33pp, 223K)

Pesticide Registration Requests, Actions, and Tolerance Updates

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May 19
Ohio Fresh Eggs Pleads Guilty to Environmental Violations
EPA announced today that on May 18, 2009, Ohio Fresh Eggs, LLC (OFE) pled guilty in United States District Court, Northern District of Ohio, to illegally discharging egg wash water into Kreisel Ditch, a tributary of Tymochtee Creek. In addition to OFE's guilty plea, a plea agreement was filed with the Court, recommending that OFE serve a three-year term of probation. During the term of probation, the parties recommended to the Court that OFE will pay a fine of $150,000 and pay a total of $150,000 to three charitable environmental organizations, as part of community service. Also, during the term of probation, OFE has agreed to make a number of improvements to its facility, including the addition of another field to which the egg wash water will be applied. OFE, a concentrated animal feeding operation, is the largest egg producer in the State of Ohio with 12 production facilities located in Northwest and Central Ohio. In Northwest Ohio, OFE operates a commercial egg farm located in Marseilles. Approximately three million egg laying chickens are housed at this facility. Kreisel Ditch is located near the facility.

May 15
San Francisco EPA Employee Nominated For Prestigious National Award Following Efforts To Turn Bay Area Food Waste into Energy
EPA employee and Bay Area resident Cara Peck has been nominated for the celebrated 2009 Service to America Medal by the Partnership for Public Service. Peck is a life scientist in EPA’s San Francisco office – she is one of three EPA employees who have been nominated for the prestigious award. Peck was recognized for helping urban areas improve food waste processing, promote new efficiencies and use refuse as a source of renewable energy. Peck worked in partnership with the East Bay Municipal Utilities District (EBMUD) to spearhead an effort to reuse food waste that would normally end up in landfills. The initiative was the first high-volume post-consumer food waste anaerobic digestion project in the United States. The project captures the energy potential of food waste, and the remaining solids can be further processed into compost, which can be put back into the soil to replenish and grow crops. The project generates renewable energy, a valuable compost material, and economic savings. With about 30 million tons of food waste discarded into landfills each year, this is an innovative and broadly applicable approach that can be carried out at most wastewater treatment facilities in the country.

EPA Extends the Public Comment Period on E15 Application
EPA is extending the comment period by 60 days on a waiver application requesting an increase in the amount of ethanol blended into a gallon of gasoline to up to 15 volume percent (E15). The original public comment period was to end on May 21, 2009, and will now end on July 20, 2009.

May 13
Notice of Pesticide Reregistration Performance Measures and Goals
EPA has announced its progress in meeting performance measures and goals for pesticide reregistration during fiscal year 2008. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about EPA's annual achievements in this area. The notice gives total numbers of chemicals and products reregistered, Data Call-Ins issued, and products registered under the "fast-track" provisions of FIFRA. This notice is not subject to a formal comment period. Nevertheless, EPA welcomes input from stakeholders and the general public. Written comments, identified by the docket identification (ID) number EPA-HQ-OPP-2008-0897, should be received on or before July 13, 2009.

May 11
EPA Revokes All Tolerances for Carbofuran
EPA has revoked regulations that permitted small residues of the pesticide carbofuran in food. Carbofuran is a toxic insecticide that does not meet current U.S. food safety standards. EPA’s action will eliminate residues of carbofuran in food, including all imports, in a move to protect people, especially children, from dietary risk. Ultimately, EPA will remove this pesticide from the market. The final carbofuran tolerance rule becomes effective in December. EPA is encouraging growers to switch to safer pesticides or other environmentally preferable pest control strategies.

Helena Chemical Company Fined $41,600 for Misbranded Pesticide
Helena Chemical Company will pay a $41,600 federal fine for the alleged distribution and sale of pesticides lacking up-to-date safety labels, according to an agreement with EPA. At least ten times in 2007, Tennessee-based Helena Chemical Company sold and distributed an improperly labeled herbicide, Barrage HF, through its LaCrosse, Washington distributor Dusty Farms Cooperative. This herbicide is approved for use on food crops. The labels on the product lacked important updates to the First Aid Statement, which is a violation of the Federal Insecticide, Fungicide and Rodenticide Act. The First Aid Statement provides initial first steps to take when accidental exposure occurs and may inform physicians and emergency responders of appropriate medical procedures for victims of poisoning.

May 7
EPA's FY 2010 Budget Aims To Create Jobs, Protect Human Health and the Environment
EPA Administrator Lisa P. Jackson released EPA’s fiscal year 2010 budget blueprint, which takes significant strides to ensure that our air, land, and water are safe and clean. Expanding on the investments of the American Recovery and Reinvestment Act, this $10.5 billion budget allows EPA to provide real solutions to our economic crisis. It significantly improves accountability and transparency, ensuring fiscal responsibility at a time when every dollar counts. Increased funding will be targeted at vital areas including investing in water infrastructure, protecting our freshwater resources, creating a foundation to address climate change and identifying research gaps as well as chemical management.

Draft Toxicological Review of 1,4-Dioxane Released for Public Comment
EPA is announcing a public comment period for the external review draft document titled, "Toxicological Review of 1,4-Dioxane: In Support of Summary Information on the Integrated Risk Information System (IRIS)." The public comment period and the external peer-review workshop, which will be scheduled at a later date and announced in the Federal Register, are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer-review panel prior to the meeting for their consideration. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice. Technical comments should be in writing and must be received by EPA by July 6, 2009.

Draft Toxicological Review of Pentachlorophenol Released for Public Comment
EPA is announcing a public comment period for the external review draft document titled, "Toxicological Review of Pentachlorophenol: In Support of Summary Information on the Integrated Risk Information System (IRIS)." IRIS is a database that contains potential adverse human health effects information that may result from chronic (or lifetime) exposure to specific chemical substances found in the environment. The database contains qualitative and quantitative health effects information for more than 540 chemical substances that may be used to support the first two steps (hazard identification and dose-response evaluation) of a risk assessment process. Technical comments should be in writing and must be received by EPA by July 6, 2009.

May 6
Organic Arsenicals Amended RED Available
EPA has revised certain provisions of the 2006 Reregistration Eligibility Decision (RED) for the organic arsenical pesticides MSMA, DSMA, CAMA, and cacodylic acid. In the 2006 RED, EPA concluded that all uses of the inorganic arsenicals were ineligible for reregistration primarily because of risks to drinking water resources. Additional data received since 2006 supported a decision to allow reregistration of MSMA for use on cotton only, contingent on the development of confirmatory data. In February 2009 EPA reached an agreement in principle with the technical registrants and to address comments received during a public comment period. That voluntary agreement steadily removes from the market all organic arsenical pesticide uses, except the use of MSMA on cotton, for which confirmatory data must be received by August 2010. The agreement also implements new restrictions to protect drinking water resources. Phasing out these uses is expected to accelerate the transition to new, lower risk herbicides. For additional information, please see the Organic Arsenicals Web page and Federal Register notice.

EPA Requests Comment on Endosulfan Impact Assessments
EPA has recently completed impact assessments on endosulfan for the following eight crops: Apple, cotton, cucumber, melon, potato, pumpkin, squash, and tomato. The impact assessments evaluate the impacts on growers that could result from various risk management options, such as cancellation of uses and longer Restricted Entry Intervals (REIs). All stakeholders are encouraged to comment on these assessments, submit additional information for the Agency to consider, and provide data with which the Agency can better define the likely impacts. Comments must be received on or before July 6, 2009.

EPA Proposes New Regulations for the National Renewable Fuel Standard Program for 2010 and Beyond
EPA is proposing revisions to the National Renewable Fuel Standard program (commonly known as the RFS program). Today’s proposed rule intends to address changes to the Renewable Fuel Standard program as required by the Energy Independence and Security Act of 2007 (EISA). The revised statutory requirements establish new specific volume standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel each year. The revised statutory requirements also include new definitions and criteria for both renewable fuels and the feedstocks used to produce them, including new greenhouse gas emission (GHG) thresholds for renewable fuels. The regulatory requirements for RFS will apply to domestic and foreign producers and importers of renewable fuel. The 60-day comment period on this proposal will begin upon publication in the Federal Register. During the comment period EPA will hold a public workshop on lifecycle analysis to assure full understanding of the analyses conducted, the issues addressed and the options that are discussed. For more information, see EPA's Renewable Fuel Standard Program Web site.

Pesticide Registration Requests, Actions, and Tolerance Updates

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May 6
National Livestock and Poultry Environmental Learning Center May Newsletter and Webcast
The May edition of the National Livestock and Poultry Environmental Learning Center (LPELC) newsletter is available. Topics include: June Webcast: Mortality Management Options for Small Farms; Mortality Management Resources; Report Examines Changes in Hog Manure Management; and Organic Dairy Manure May Offer Fertilizer Advantage. The next webcast, scheduled for May 15, 2009, is entitled, "Greenhouse Gas Emissions from Animal Feeding Operations." Speakers include Melissa Weitz, US EPA; Frank Mitloehner, UC Davis; and Rich Grant, Purdue University.

May 4
EPA Acts To Protect Endangered Karner Blue Butterfly
EPA, in consultation with the U.S. Fish and Wildlife Service (USFWS), is imposing limitations on the use of methoxyfenozide on cranberries in Wisconsin because of its potential effect on the endangered Karner blue butterfly. The limitations are contained in a series of county-specific Endangered Species Protection Bulletins that are available on EPA’s Endangered Species Protection Program Web site.

May 1
EPA Provides List of Antimicrobial Products Registered for Use Against the H1N1 Flu
In response to the emerging threat posed by the spread of the 2009 H1N1 Flu, disinfecting hard surfaces is one way to help stop the spread of this virus. Currently, over 500 disinfectant products are registered for use on hard, non-porous surfaces against influenza A viruses. EPA believes, based on available scientific information, that the currently registered influenza A virus products will be effective against the 2009 H1N1 flu strain and other influenza A virus strains on hard, non-porous surfaces. For safe and effective use of these products, always follow label instructions for these products, paying special attention to the product’s dilution rate (if applicable) and contact time.

Public Comment Period Extended for the Draft NPDES General Permit for Discharges From Oklahoma CAFOs
On March 25, 2009, EPA Region 6 proposed to issue a general permit to cover CAFOs in Oklahoma in the Federal Register at 74 FR 12849. In response to requests from the public, EPA is extending the end of the public comment period to May 26, 2009.

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