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News Archive: August 2004

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This information is provided for reference. Over time, links to news items may become unavailable, in these cases the item will remain listed, but no link will be provided. Also, please be aware that the information in any particular article may be outdated or superseded by additional information.

August 30
Final Effluent Guidelines Plan for 2004/2005
EPA is publishing a plan and schedule to consider developing and revising effluent guidelines. Effluent guidelines are national regulations for controlling the discharge of pollutants to surface waters and to publicly owned treatment works. EPA publishes an Effluent Guidelines Plan every other year. The plan is required by Section 304(m) of the Clean Water Act.

Comments Invited on Reregistration Eligibility Decision Document for Oxadiazon
The Reregistration Eligibility Decision (RED) document for the herbicide active ingredient oxadiazon is available for public comment. The RED represents EPA's formal regulatory assessment of the human health and environmental database of oxadiazon and presents the Agency's determination regarding which herbicidal uses are eligible for reregistration. Oxadiazon is registered for pre-emergent herbicide treatment of turf and ornamentals. Comments, identified by docket ID number OPP-2003-0401, must be received on or before October 29, 2004.

August 26
 EPA Fines Arizona Fertilizer Supply Companies $14,910
EPA fined four Arizona fertilizer companies a total of $14,910 for failing to develop and implement procedures aimed at safeguarding the community from chemicals stored at their facilities. Fertizona-Yuma, Fertizona-Coolidge, Fertizona-San Tan, and Fertizona-Casa Grande stored anhydrous ammonia, an extremely hazardous chemical, in quantities over 10,000 pounds. The facilities failed to ensure that all elements of their risk management program, as required under the Clean Air Act, had been prepared and implemented.

Pesticide Registration Requests, Actions, and Tolerance Updates

August 25
Comments Invited on Process for Exempting Critical Uses From Methyl Bromide Phaseout
EPA is proposing to amend the accelerated phaseout regulations that govern the production, import, export, transformation, and destruction of substances that deplete the ozone layer under the authority of Subchapter VI of the Clean Air Act (CAA), as amended. The proposed amendments provide the framework for an exemption permitted under the Montreal Protocol on Substances that Deplete the Ozone Layer and Subchapter VI of the CAA and specify the amount of methyl bromide that may be supplied in 2005 from available stocks and new production and consumption to meet proposed critical uses. Written comments on the proposed rule must be received on or before October 12, 2004.

EPA Seeks Comments on Plans To Apply New Global System to Pesticide Labels
Through a Federal Register notice published on August 25, 2004, EPA is providing the public 60 days to review and comment on a white paper that outlines EPA’s current thinking on how to implement a new international system for classifying and labeling chemical hazards for pesticide labels. After working for more than a decade with national and international partners and stakeholders to create a globally harmonized system, EPA and other U.S. agencies that regulate chemicals are preparing for adoption of the new classification criteria and label elements. The comment period closes October 25, 2004.

August 24
 EPA Releases 12th Annual National Listing of Fish Advisories
For the 12th straight year, EPA is releasing its summary of information on locally issued fish advisories and safe-eating guidelines. This information is provided to EPA annually by states, territories, and tribes.

August 23
EPA Proposes $25K Penalty Against Ranch Owner for Wetlands Violation
The Northwest office of EPA has proposed a $25,000 penalty against the owner of Diamond T Ranch for illegally dredging and filling a wetland and creek on his ranch in Bannock County, Idaho. In fall 2001, while building an earthen bridge across a creek, the owner filled and bulldozed approximately half an acre of stream channel, wetlands, and riparian habitat adjacent to Potter Creek. He constructed the bridge to move his farm equipment from one field to the next. The owner never obtained the permits necessary for the project from the U.S. Army Corps of Engineers or from the Idaho Department of Water Resources.

Effluent Limitations Guidelines and New Source Performance Standards for Concentrated Aquatic Animal Production Point Source Category (Final Rule)
Today's final rule establishes Clean Water Act effluent limitations guidelines and new source performance standards for concentrated aquatic animal production facilities. The animals produced range from species produced for human consumption as food to species raised to stock streams for fishing. This regulation is effective September 22, 2004.

August 20
Soil Fumigant Cluster Assessment Underway
EPA has begun work on a Soil Fumigant Cluster Assessment – a comparative human health risk assessment for several soil fumigant pesticides. Included in the assessment are methyl bromide, metam sodium, chloropicrin, and dazomet, all of which are undergoing evaluation for reregistration eligibility; telone, which was deemed eligible for reregistration in 1998; and iodomethane, a new active ingredient not registered at this time. EPA is planning to publish its comparative risk assessment for public comment in January 2005, publish revised risk assessments and seek public input on benefits and risk management options in May 2005, and reach risk management decisions in September 2005. The Agency has scheduled FIFRA Scientific Advisory Panel (SAP) meetings in August and September to review several soil fumigant bystander exposure models.

August 19
 EPA Awards $74,000 To Help Teach Improved Farming Practices
EPA recently awarded $74,000 to a California grantee to demonstrate the benefits of conservation tillage -- an innovative farming technology that can reduce air and water pollution that may result farmers tilling their fields. Conservation tillage both minimizes soil disturbance and reduces the number of operations required to grow dairy feed and row crops. It also has the potential to significantly reduce costs.

EPA Cites Las Vegas Store for Selling Canceled Pesticide Product
EPA fined the owner of a discount store $4,400 for allegedly selling a pesticidal product that was canceled by the EPA more than 2 years ago, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act. EPA alleged that Greenbacks, Inc. sold "Tiny Tiger" flea and tick cat collars at a Las Vegas store subsequently purchased by Dollar Tree Stores, Inc. The collars contained a pesticide, chlorpyrifos, which was canceled by the EPA for nearly all home uses in 2002 because children might be harmed by exposure to the chemical.

Pesticide Registration Requests, Actions, and Tolerance Updates

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August 13
Methoxychlor Reregistration Eligibility Decision (RED) Available
EPA has completed a Reregistration Eligibility Decision (RED) for the pesticide methoxychlor and has determined that methoxychlor is not eligible for reregistration. This finding is based on the substantive data gaps, the absence of necessary tolerances, and the absence of a registered source of a methoxychlor manufacturing use product. As a result of the incomplete data, EPA did not complete human health and environmental risk assessments for methoxychlor. The Agency, however, has significant concerns about the effects of this pesticide on human health and the environment, including concerns about its endocrine disruption effects and persistent, bioaccumulative toxicity. There are no remaining tolerances for this pesticide. All remaining products have been suspended since 2000, and these product registrations either have been or are in the process of being voluntarily cancelled by their manufacturer.

Comment Period Extended on Pesticide Containers and Containment Proposed Rule
EPA has extended the comment period for an additional 30 days on its proposed regulation establishing standards for pesticide containers and containment. Comments must be submitted to EPA under docket ID number OPP-2004-0049 by September 15, 2004.

August 12
 EPA Proposes Critical Use Exemption of Methyl Bromide
EPA is proposing a rule to amend existing regulations that call for the phaseout of methyl bromide (MeBr) by January 1, 2005. The Agency’s action seeks to create a critical use exemption for MeBr. The exemptions for continued production and import of methyl bromide would continue to honor the U.S. commitment to obtain for American farmers the methyl bromide they need, in a manner consistent with the Montreal Protocol, while protecting the ozone layer. EPA will publish the proposed rule in the Federal Register and will accept comments on the proposed rule during a 30-day comment period.

Pesticide Registration Requests, Actions, and Tolerance Updates

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August 11
Oil Pollution Prevention and Response -- Compliance Date Extension
EPA is extending by 18 months certain upcoming compliance dates for the July 2002 Spill Prevention Control and Countermeasure amendments. The dates affected by this final rule are the date for a facility to amend its plan and the date for a facility to implement that amended plan in a manner that complies with the newly amended requirements (or, in the case of facilities becoming operational after August 16, 2002, prepare and implement a plan that complies with the newly amended requirements).

Tribal Pesticide Program Council Public Meeting
The Tribal Pesticide Program Council (TPPC) will hold a two-day meeting September 8-9, 2004, in Tokeland, Washington, concerning the TPPC's information exchange with EPA regarding important issues related to human health, environmental exposure to pesticides, and insight into EPA's decision making process.

August 10
Five-Star Challenge Grants Awarded for Wetland, Streamside Restoration
EPA and its partners the National Fish and Wildlife Foundation, National Association of Counties, the Wildlife Habitat Council, and NOAA announced on July 28 that the Five Star Restoration Challenge Grant Program had awarded $550,000 to 50 community-led conservation projects to support wetland and streamside restoration projects nationwide. The Five Star Challenge Grants Program develops knowledge and skills in young people through restoration projects that involve multiple and diverse partners, including local government agencies, elected officials, community groups, businesses, schools, youth organizations, and environmental organizations. Consideration for funding is based upon the project's educational and training opportunities for students and at-risk youth, the ecological benefits to be derived, and the project's social and economic benefits to the community.

Alaska Company To Pay $11,000 Penalty for Fish Waste Violations
The Northwest office of EPA announced that Yardarm Knot Fisheries, which operates the Red Salmon Cannery in Naknek, Alaska, has agreed to pay $11,000 to settle an EPA-issued complaint for violations of the federal Clean Water Act. While the facility has a permit to discharge its fish processing waste into the Naknek River, an EPA inspector determined after a June 2003 inspection that the company was violating important terms of its Clean Water Act permit.

August 6
EPA Recognizes Missouri Groups for Agriculture Water Quality Collaboration
At an event in Smithville, Missouri, EPA will recognize the Missouri Corn Growers Association and other partners who have been successful in improving agriculture's water quality performance and have advocated the use of science-based and sustainable Best Management Practices (BMPs) that support environmental protection.

August 5
 Final Joint Regulations on Improved Endangered Species Protection Consultation
The U.S. Fish and Wildlife Service and NOAA Fisheries have finalized new regulations establishing for the first time a more efficient approach to ensure protection of threatened and endangered species as part of the U.S. Environmental Protection Agency’s approval process for pest control products. The regulations were developed following a comprehensive scientific review of EPA’s risk assessment methodology. The improved review procedures, developed in cooperation with EPA and the U.S. Department of Agriculture, will provide a workable and efficient framework to ensure necessary measures are taken to protect fish and wildlife. At the same time, the procedures will ensure that farmers have the pest-control products they need to grow food, consumers can continue to use household disinfectants and lawn care products, and mosquito control products will continue to be available for use by public health authorities. Under the new regulations:

Pesticide Registration Requests, Actions, and Tolerance Updates

August 4
Comments Invited on Pentachloronitrobenzene Risk Assessment
Human health and environmental fate and effects risk assessments and related documents for the pesticide pentachloronitrobenzene (PCNB) are available for comment. PCNB is a fungicide widely used on agricultural crops such as cotton, vegetables, and turf. Comments, identified by the docket identification (ID) number OPP-2004-0202, must be received on or before October 4, 2004.

August 3 
 Association of Counties Endorses EPA Water Quality Trading Policy
The National Association of Counties (NACo) passed a resolution last week in support of EPA's 2003 Water Quality Trading Policy. The resolution reads: In support of EPA's water quality trading policy. NACo calls upon the President and federal agencies, as well as state regulatory authorities, to adopt water quality trading policies consistent with the policy proposed by the EPA. NACo suggests any regulations or policies adopted to control and reduce watershed nonpoint pollution should be flexible and voluntary, and not necessarily require costly controls when less costly controls may be appropriate and effective.

August 2
Johnson Named Deputy Administrator
Stephen L. Johnson has been sworn in as Deputy Administrator of EPA by Administrator Michael Leavitt. Johnson was formally appointed to the post by President George W. Bush on July 30, 2004. He had served as Acting Deputy Administrator for the past year. Prior to serving as Acting Deputy Administrator, Johnson was the Assistant Administrator of the Office of Prevention, Pesticides, and Toxic Substances. He has over 20 years of service at the EPA, principally in the area of pesticide programs. Before joining EPA, Johnson held positions as the director of operations at Hazelton Laboratories Corporation and Litton Bionetics, Inc.

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