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News Archive: December 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 Also, please be aware that the information in any particular article may be outdated or superseded by additional information.

December 29
 EPA Sets Meeting on Increasing Stakeholder Input in Clean Water Act Programs, Requests Nominations for Advisory Committee
EPA's Office of Water is exploring, via a situation assessment, the feasibility of a process through which stakeholders could provide their suggestions, ideas, and recommendations on procedures for the development and use of detection and quantitation limits in Clean Water Act (CWA) programs. There will be a half-day public meeting on January 26, 2005, at EPA in Washington, DC, to present the findings and recommendations in the Situation Assessment Report on Detection and Quantitation Approaches and Uses in CWA Programs. In addition, the Agency is seeking nominations for an approximately 20-member advisory committee that will provide advice and recommendations to the Agency regarding the detection and quantitation procedures used in Clean Water Act programs.

Pesticide Registration Requests, Actions, and Tolerance Updates

December 22
EPA Publishes Guidelines for Section 319 Grants to Indian Tribes; Requests Proposals for Watershed Projects
EPA has published guidelines for awarding Clean Water Act section 319 nonpoint source grants to Indian tribes in FY 2005. Tribes that have approved nonpoint source assessments and management programs and "treatment-as-a-state" status are eligible to receive funding to help implement those programs. The guidelines describe the process for awarding base funding, including submissions of proposed work plans. The guidelines also describe the process and schedule to award additional FY 2005 funds for selected watershed projects, including submissions of watershed project proposals and the selection criteria for funding watershed-based projects.

December 20
EPA, Army Sign Watershed Management Agreement
EPA’s Office of Water and the U.S. Army’s Office of the Assistant Secretary of the Army for Civil Works have entered into an agreement to establish a collaborative watershed partnership. The Corps of Engineers attempts to balance competing demands on the nation’s critical water resources through flood control, navigation, recreation, and infrastructure and environmental stewardship. EPA seeks to ensure drinking water is safe, and to restore and maintain the nation’s aquatic resources for human health, to support economic and recreational activities, and to provide healthy habitat for fish, plants, and wildlife.

December 17
EPA Announces Final Designations for First Fine-Particle Standard
EPA has notified 20 governors that certain areas of their states do not meet the nation’s first fine-particle (PM2.5) air quality standards. While the great majority of the nation’s counties meet the new health-based standards, all or part of 224 counties nationwide, as well as the District of Columbia, do not. “The Particle Pollution Report: Current Understanding of Air Quality and Emissions through 2003,” reported that 2003 PM levels were the lowest since monitoring began. States with nonattainment areas must submit plans by early 2008 that outline how they will meet the PM2.5 standards. They are expected to attain clean air as soon as possible and not later than 2010. EPA can grant one 5-year extension for areas with more severe problems. The attainment date for those areas would be 2015.

December 16
EPA Amends Methyl Bromide Phase-Out for 2005 Critical Use
EPA is amending regulations governing the phase-out and allocation of the ozone-depleting fumigant, methyl bromide (MeBr). The action amends the MeBr phase-out regulations to allow for an exemption for new production and import to meet the needs of remaining critical uses, for which there are currently no technically and economically feasible alternatives. The amendment will make approximately 35 percent of the U.S. baseline available for critical uses in 2005. This 35 percent is 8,942 metric tonnes of the 25,528 metric tonnes used in 1991 and established by international treaty as the U.S. baseline by which reductions are measured. This action implements existing authority contained in the Clean Air Act and reflects decisions made pursuant to the Montreal Protocol, the international treaty to protect the stratospheric ozone layer.

Methyl bromide has been used in a wide variety of agricultural and commodity applications. Examples of MeBr uses include growing strawberries, tomatoes and fumigating flour mills across the United States. The critical use exemption (CUE) process was established to provide relief to users of MeBr who do not have any technically and economically feasible alternatives. Under the current structure of the Montreal Protocol, each year EPA will promulgate a rule to cover the amount of MeBr to be made available for critical use in the future. MeBr allocations and use are strictly regulated and monitored by EPA.

December 15
Iowa Dairy Farmer Convicted of Violating Clean Water Act
The owner and operator of Simon Dairy in Farley, Iowa, was convicted on December 2 in U.S. District Court for the Northern District of Iowa on four counts of violating the Clean Water Act. The charges arose from the defendant’s illegal dumping of cow manure and waste milk into Hogan’s Branch, a tributary of the Mississippi River. The illegal discharges occurred between May 2003 and January 2004. The owner has an extensive enforcement history with the Iowa Department of Natural Resources and was previously placed under an administrative order and fined $5,000 for illegal discharges into the Branch. He refused to pay the fine or make any of the changes in his disposal practices required by the administrative order.

EPA Works With States To Improve Water Permitting
EPA is implementing a nationwide assessment to improve National Pollution Discharge Elimination System (NPDES) permit programs. This assessment, Permitting for Environmental Results (PER), is the result of a 16-month effort by the states and EPA to evaluate the management of NPDES programs. The culmination of this effort is documented in the 33 NPDES individual state profiles that are being released today, with the remaining state profiles to be released in early 2005.

  EPA Issues Final Reminder of "Stop Sale" Date for Diazinon
EPA is issuing a final reminder notice to pesticide retailers that the stop-sale date for all outdoor diazinon home, lawn, and garden products is December 31, 2004. After that date, it will be unlawful to sell diazinon outdoor non-agricultural use products in the United States. This provision is part of an agreement between EPA and diazinon registrants to phase out and eliminate virtually all residential uses of the insecticide.

Endangered Pacific Salmonid Assessments Completed for Remaining Seven Pesticide Active Ingredients
EPA has completed endangered species assessments on seven remaining pesticide active ingredients named in Washington Toxics Coalition (WTC) v. EPA, meeting the final court-ordered deadline. These assessments focused on the potential risk of carbofuran, triclopyr BEE, pendimethalin, malathion, 2,4-D, lindane, and bromoxynil to listed salmonid species in the Pacific Northwest and California. Where EPA determined that a pesticide's use may have an effect on any of the 26 sub-species of endangered or threatened salmon or steelhead, EPA requested consultation with the National Marine Fisheries Service (NMFS). Consultation requests were submitted to NMFS for all of the pesticide active ingredients, with the exception of pendimethalin. EPA has now completed endangered species assessments for all 54 pesticide active ingredients named in WTC v. EPA.

FIFRA Scientific Advisory Panel Sets Meeting on Cry34Ab1 Protein
The Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel has scheduled a 2-day public meeting to consider and review human health issues associated with the Cry34Ab1 protein. The meeting will be held March 1 and 2, 2005, in Arlington,Virginia. EPA has established an official public docket for this action under docket ID number OPP-2004-0395.

Pesticide Registration Requests, Actions, and Tolerance Updates

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December 14
2003 Particle Pollution Report Shows Major Improvements in Air Quality
Levels of fine particle pollution, also known as PM 2.5, were the lowest in 2003 since nationwide monitoring began in 1999, according to an EPA report released today. The improved air quality can be largely attributed to EPA’s Acid Rain Program, along with other programs that reduced emissions that contribute to fine particle formation. The report, “The Particle Pollution Report: Current Understanding of Air Quality and Emissions through 2003,” looks at recent and long-term trends in air quality and emissions, explores the characteristics of particle pollution in the United States, and takes a close look at particle pollution in 2003 (the most recent year for which data are available).

Call For Papers: Symposium on Composting Mortalities and Slaughterhouse Residuals (scroll down) Exit EPA
Options for disposal of mortalities (animal carcasses) and slaughterhouse waste are becoming more limited and costly, due to closure of rendering plants, landfill restrictions or availability, and the impracticality of incineration, especially following disease outbreaks and natural disasters that can generate large quantities of carcasses. The state of Maine has been faced with this situation, prompting officials to organize a workshop called "Composting Mortalities and Slaughterhouse Residuals." The workshop will be held at the Sheraton Hotel, South Portland, Maine on May 24-25, 2005. State agencies involved in workshop planning are the Department of Agriculture, the Department of Environmental Protection and the State Planning Office. Other planning group members include University of Maine Cooperative Extension, BioCycle, the Cornell Waste Management Institute and EPA. Abstracts for posters are being accepted until January 15, 2005.

December 9
EPA Updates Information on Sediments
EPA is releasing an updated Report to Congress on National Sediment Quality that assesses and describes the quality of aquatic sediments in rivers, lakes, oceans, and estuary bottoms in the United States from 1980 to 1999. This report is an update to the 1997 National Sediment Quality Survey that also assesses changes in sediment contamination over time where data is available. EPA evaluated sediment contaminant data from previously published documents at 19,398 sampling stations and found either a decrease or no change in sediment contamination on a regional level. This report is intended only to be an inventory of sediment sampling, since the samples were not taken uniformly, were compiled by different groups, and do not cover the entire country. To help manage localized problems of contaminated sediment, EPA is working with other federal agencies and state and local authorities to reduce the sources, abate contamination problems, manage dredged sediments, and develop scientifically sound management tools.

EPA Proposes Using Better Science To Protect Aquatic Life
EPA is requesting review from the scientific community on a better approach for protecting aquatic life in watersheds from the impacts of selenium. By establishing a level of selenium in fish tissue, instead of water, the Agency expects that states will be able to further protect fish in each watershed where selenium contamination is a concern. This draft approach only applies to aquatic life and does not apply to wildlife, such as birds that consume fish. The Agency is currently working with a team of scientists, including the U.S. Fish and Wildlife Service, to develop a national methodology for developing criteria that protect wildlife as well as aquatic life. There will be a 120-day review period for “The Draft Aquatic Life Water Quality Criteria for Selenium 2004" that will begin upon publication in the Federal Register.

New Source Performance Standards and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units
EPA is proposing new source performance standards (NSPS) and emission guidelines for new and existing "other" solid waste incinerators (OSWI) units. The proposed rules fulfill the requirements of sections 111 and 129 of the Clean Air Act (CAA), which require EPA to promulgate NSPS and emission guidelines for solid waste incineration units. These requirements are based on the Administrator's determination that these waste incinerators cause, or contribute significantly to, air pollution that may reasonably be anticipated to endanger public health or welfare. The proposed rules, which address only nonhazardous solid wastes, would protect public health by reducing exposure to air pollution. Comments must be received on or before February 7, 2005.

  Pesticide Registration Improvement Workgroup Sets Public Meeting
EPA's Pesticide Program Dialogue Committee, Pesticide Registration Improvement Act Process Improvement Workgroup will hold a public meeting at EPA's offices in Arlington, Virginia, on Tuesday, January 25, 2005. An agenda for this meeting is being developed and will be posted on EPA's Web site. The workgroup is developing advice and recommendations on topics related to EPA's registration process.  EPA has established an official public docket for this action under docket identification (ID) number OPP-2004-0401.

Pesticide Registration Requests, Actions, and Tolerance Updates

December 8
EPA Invites Comments on Preliminary Risk Assessment for Pentachlorophenol
As part of the six-phase public participation process, EPA has published in the Federal Register a notice announcing the availability of the preliminary risk assessment for pentachlorophenol (“penta”). This assessment does not include the exposure and risks posed by hexachlorobenzene and dioxins, which are contaminants of penta; those chapters will be released in early 2005. The preliminary assessment focuses specifically on potential risks to workers as well as potential ecological and environmental risks from their uses. The assessment is a cooperative reevaluation between EPA and Health Canada's Pest Management Regulatory Agency under NAFTA. The Federal Register notice starts a 60-day public comment period. Comments, identified by docket control number OPP-2004-0402, must be received on or before January 31, 2005.

Comments Invited on Reregistration Eligibility Decision for Ethoxyquin, a Low-Risk Pesticide
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide ethoxyquin, and opens a public comment period on this document, related risk assessments, and other support documents. Comments, identified by docket identification (ID) number OPP- 2004-0236, must be received on or before February 7, 2005.

December 3
Officials Convene To Sign Great Lakes Declaration
Members of the President's cabinet, the Great Lakes governors, the Great Lakes congressional delegation, mayors, and tribal leaders met in Chicago to forge an intergovernmental partnership for a coordinated strategy to further protect and restore the Great Lakes ecosystem. They signed a Great Lakes Declaration and a framework document for the Great Lakes Regional Collaboration. The framework document establishes strategy teams, made up of government, quasi-government, and other regional stakeholders, to draft action plans that will be used to develop a Great Lakes strategy. The draft strategy will be presented to the members of the Great Lakes Regional Collaboration for resolution of final issues and adoption at Summit I, scheduled for summer 2005.

December 2
Reregistration Decisions Announced for Three Pesticides
On November 24, EPA published Federal Register notices announcing Reregistration Eligibility Decisions for cycloate, MCPA, and thiophanate-methyl, opening public dockets, and initiating 60-day public comment periods for each chemical. Comments must be received by January 24, 2005. Cycloate (OPP-2004-0234) is a selective herbicide used to control annual and broadleaf weeds on garden beets, spinach, and sugarbeets. MCPA (OPP-2004-0239) is a phenoxy herbicide typically used in formulation with other phenoxy class chemicals, such as 2,4-D, 2,4-DB, MCPP-p, and MCPB. MCPA is used for control of broadleaf weeds on several food and feed crops. It is also used on grass grown for seed, turf, lawns, vines, rights-of-way, and in forestry. Thiophanate-methyl (OPP-2004-0265) is a fungicide registered for use on a variety of agricultural food and feed crops. Non-food/feed use sites include golf courses, sod farms, greenhouses and nurseries; there are also some residential uses. EPA is requiring changes to use rates and other measures to reduce risks to workers using these pesticides, as well as other measures to protect human health and the environment. Additional data are being required to address specific issues. All three pesticides are eligible for reregistration, once the data are submitted and required labeling and other changes are made.

Cycloate

MCPA

Thiophanate-methyl

December 1
Rendering Plant Pleads Guilty in Clean Water Act Case
Griffin Industries Inc., of Cold Spring, Kentucky, pleaded guilty on November 22 in U.S. District Court for the Southern District of Georgia to a misdemeanor violation of the Clean Water Act by discharging number six fuel oil through a designated storm water outfall into Bay Branch Creek. The plea agreement calls for the company to pay a fine of $50,000. The agreement also calls for the company to continue to employ an environmental consulting company for a minimum of 12 months to oversee the disposal of wastewater. Griffin Industries is a rendering plant that converts inedible animal waste into tallow, a main ingredient in cattle feed and dry pet food.

Proposals Solicited for Agricultural Workers Pesticide Safety Training and Education Program
EPA's Office of Pesticide Programs is soliciting proposals for a cooperative agreement for a national train-the-trainer program to educate farmworkers about reducing risks from pesticides. The total funding available in FY 2005, which represents funding set aside in FY 2004, is expected to be approximately $400,000. At the conclusion of the first 1-year period of performance and based on the availability of future funding, incremental funding of up to $400,000 may be made available for each year, allowing the project to continue for a total of five periods of performance (approximately 5 years) and with a total potential funding of up to $2,000,000 for the 5-year period, depending on need and the Agency budget in outlying years. Applications must be received on or before January 18, 2005.

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