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News Archive: October 2005

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 Also, please be aware that the information in any particular article may be outdated or superseded by additional information.

October 31
Notice of Availability of Correspondence Regarding Revisions to the NPDES Permit Regulation and Effluent Limitation Guidelines for CAFOs
EPA is developing options for revising the 2003 CAFO rule to comply with a February 2005 Second Circuit Court of Appeals decision. The schedule for final action provides a full and ample opportunity for public notice and comment, but it is not consistent with completion by February 13, 2006. As a result, EPA will propose to extend the permit application date of February 13, 2006, and the Nutrient Management Plan due date of December 31, 2006, in a separate NPRM. This second action will be proposed and finalized by February 13, 2006. The correspondence and the EPA response have been added to the rulemaking docket and are available to the public.

October 28
Pennsylvania and Virginia State Plans for Certification of Applicators of Restricted Use Pesticides
The states of Pennsylvania and Virginia have submitted to EPA amendments to their respective State Plans for Certification and Training of Applicators of Restricted Use Pesticides. The proposed amendments add new commercial categories for vertebrate pest control. The administrator of EPA Region III intends to approve the revised plans. EPA is soliciting comments on the proposed amendments. Comments, identified by docket ID number OPP-2005-0247, must be received on or before November 28, 2005.

Pesticide Registration Requests, Actions, and Tolerance Updates

October 26
Endothall Reregistration Eligibility Decision Available
EPA has published its Reregistration Eligibility Decision (RED) for the pesticide endothall. Endothall is an aquatic herbicide that is also used as a desiccant on cotton, hops, potatoes, and seed production for alfalfa and clover, and as a biocide to control mollusks in cooling towers/systems. The Agency's risk assessments and other related documents are available in the endothall docket. EPA has reviewed endothall through the modified four-phase public participation process. The Agency is not holding a comment period for the endothall RED, because all issues related to this pesticide were resolved through consultations with stakeholders.

Oxydemeton-Methyl Interim Reregistration Eligibility Decision and Amendment Released
EPA has released its Interim Reregistration Eligibility Decision (IRED) for the organophosphate pesticide oxydemeton-methyl (ODM) and the ODM IRED Amendment document. The Agency's risk assessments and other related documents are available in the ODM docket and on the ODM reregistration Web site. ODM is a systemic, organophosphate insecticide/acaracide registered on terrestrial food crops (vegetable, field, tree fruit, and nut crops) and terrestrial non-food sites (ornamental uses). EPA has reviewed ODM through the full six-phase public participation process. Since all issues related to this pesticide were resolved through consultations with stakeholders, the Agency is issuing the ODM IRED and ODM IRED Amendment without a comment period. Decisions presented in this IRED may be supplemented by further risk mitigation measures when EPA concludes its cumulative assessment of the organophosphate pesticides.

Fact Sheets on New Active Ingredients
EPA's Office of Pesticide Programs (OPP) has posted a Web page where users can access fact sheets on new active ingredients registered by OPP under the Federal Insecticide, Fungicide, and Rodenticide Act. The page currently contains fact sheets for new chemicals registered from Fiscal Year 1997 to the present. OPP plans to expand the page to include new active ingredients registered in previous years.

October 24
Two Pesticide Manufacturers Fined for Violating Federal Regulations
EPA has issued Consent Agreement and Final Orders to two companies for violating the Federal Insecticide, Fungicide, and Rodenticide Act. The McGregor Company, which produces pesticides in 28 locations across Idaho, Oregon, and Washington State, was cited for failing to report a pesticide in an annual production report. McGregor has agreed to pay a penalty of $2,624 to settle this matter. Libertas Now, Inc. of Washington, DC, was cited for failure to properly label a pesticide imported from China into Washington State. EPA issued a stop sale order on May 25, which prohibited the sale and distribution of the product until properly labeled. In settling the case Libertas has also agreed to pay a penalty of $3,120.

October 21
EPA Releases Tolerance Reassessment Decision for Fluazifop-P-Butyl
EPA has reassessed risks associated with use of the pesticide fluazifop-P-butyl, reassessed 37 existing tolerances or legal residue limits, and has released its Tolerance Reassessment Decision (TRED). The Agency's risk assessments and other related documents are available in the fluazifop-P-butyl docket. Fluazifop-P-butyl is a selective, post-emergent herbicide registered for the control of perennial and annual grass weeds. Fluazifop-P-butyl was reviewed through the modified four-phase public participation process.

October 20
EPA Seeks Nominations for Pesticide Program Dialogue Committee
EPA's Office of Pesticide Programs is inviting nominations of qualified candidates to be considered for appointment to the Pesticide Program Dialogue Committee (PPDC). The current charter for the PPDC will expire in November 2005. EPA intends to seek renewal of the charter for another 2-year term, in accordance with the Federal Advisory Committee Act. An important consideration in the selection of members will be to maintain balance and diversity of experience and expertise. EPA also intends to seek broad geographic representation from the following sectors: pesticide user, grower, and commodity groups; pesticide industry and trade associations; environmental/public interest and consumer groups; farm worker organizations; federal and state/local/tribal governments; the general public; academia; and public health organizations. Nominations must be e-mailed or postmarked no later than November 7, 2005.

EPA Submits Two Draft Rules to Secretary of Agriculture
EPA has forwarded to the Secretary of Agriculture two draft rules concerning pesticide matters. The Federal Insecticide, Fungicide, and Rodenticide Act requires EPA to provide the Secretary of Agriculture with a copy of certain draft final or proposed regulations before signing them for publication in the Federal Register (30 days in advance for final regulations; 60 days for proposed regulations). The Secretary has 15 and 30 days, respectively, within which to make written comments. These draft rules are not available to the public until after they have been signed by EPA.

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October 19
Comment Period Reopened for Ethylene Oxide Risk Assessment
EPA released the human health risk assessment and related documents for the pesticide ethylene oxide (ETO) on August 3, 2005, and opened a 60-day comment period, which expired on October 3. In response to a request, the Agency is reopening the comment period for another 30 days. Comments, identified by docket ID number OPP-2005-0203, must be received on or before November 18, 2005.

Flumiclorac Pentyl Risk Assessment Available for Comment
EPA has released its Tolerance Reassessment Decision (TRED) for the low-risk pesticide ethylene oxide flumiclorac pentyl, and has opened a public comment period on this document, related risk assessments, and other support documents. Comments, identified by docket ID number OPP-2005-0229, must be received on or before November 18, 2005.

October 14
Public Input Invited on Ambient Water Quality Criteria (Human Health) for Atrazine and Alachlor
EPA is updating its ambient water quality criteria for the chemicals atrazine and alachlor and is soliciting public input. Lists of references available to the Agency for atrazine and alachlor will be posted on EPA's Office of Science and Technology home page. In addition to seeking input on these known references, the Agency is also soliciting any additional pertinent data or information that may be useful in developing these criteria. Submit data and information on or before November 14, 2005.

Office of Water Launches Two Tribal Information Web Sites
The Office of Water's American Indian Environmental Office has launched two applications for sharing tribal information. The first is Tribal Windows to the Environment. This site is a complement to EPA's Window to My Environment application and includes all the information from that site, organized by federally recognized tribes. The second is Tribal Contacts Data System. This site provides address mailing labels for tribal environmental leaders, tribal environmental program managers, and members of the EPA tribal caucus. Addresses can be updated on a dynamic, real-time basis.

October 13
 Multi-Year Workplan for the Registration of Conventional Pesticides
EPA is publishing updated workplans for pending actions of the Office of Pesticide Programs concerning registrations of new chemicals, new uses for registered chemicals, and food-use inert ingredients. These workplans represent current lists and schedules; however, the Agency has included room for flexibility to ensure a quick response should an emerging public health or environmental issue arise. The updated workplan for new chemicals has already been posted; the other two plans are scheduled to be completed by November 30, 2005.

Updated Pesticide Product Label System (PPLS)
The Pesticide Product Label System (PPLS) database has been updated. This is a collection of images, in multi-page TIFF format, of pesticide labels that have been approved by the Office of Pesticide Programs under Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act. The collection contains the initially approved label for pesticide products registered under FIFRA Section 3 as well as subsequent versions of labels which have changed via amendment or notification.

Pesticide Registration Requests, Actions, and Tolerance Updates

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October 12
Pesticide Program Dialogue Committee Meets October 20-21, 2005
On October 20-21, 2005, EPA’s Office of Pesticide Programs will hold a public meeting of the Pesticide Program Dialogue Committee (PPDC) in Washington, DC. The meeting will be held Thursday, October 20, 2005, from 9 a.m. to 5 p.m. and Friday, October 21, 2005, from 9 a.m. to noon. Agenda topics include: program updates on registration review, reregistration, and tolerance reassessment; presentation and discussion of the proposed rule on human studies; EPA strategic plan update; performance measures; status of rulemaking; integrated testing strategy and vision; worker safety; Pesticide Registration Improvement Act process improvements; spray drift; and PPDC committee status.

EPA Opens Comment Period on Pyrazon Reregistration Eligibility Decision
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the low-risk herbicide pyrazon and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the pyrazon docket. Pyrazon [5- amino-4-chloro-2-phenyl-3(2H)-pyridazinone], also known as chloridazon, belongs to the pyridazinone class of pesticides and is used for weed control on sugar beets, red table beets, and ornamentals. Comments must be received on or before December 12, 2005.

October 11
Delaware Company Settles Violations of Federal Pesticide Law
The owner of Air Med of Delmarva, a Dover, Delaware, indoor air cleaning business, has agreed to pay a $5,460 penalty to settle alleged violations of federal pesticide regulations. EPA alleged that Air Med violated FIFRA by repackaging and selling Bio-Chem Environmental Technologies’ unregistered pesticide products “Bio-Stop+” and “Bio-Stop+II” as an Air-Med “Bio-Stop +” pesticide product. The alleged violations were discovered in an October 2004 inspection of Air Med’s facility by the Delaware Department of Agriculture. The settlement reflects Air Med’s cooperation with EPA, and prompt actions to comply with FIFRA. As part of the settlement, Air Med neither admitted nor denied liability for the alleged violations.

EPA Approves New Non-Chemical Control for Corn Rootworm
After an intensive, multi-year scientific analysis, EPA has approved applications submitted by Mycogen Seeds (c/o Dow AgroSciences, LLC) and Pioneer Hi-Bred International, Inc. for the use of a new corn plant-incorporated protectant (PIP) designed to control corn rootworm. Corn rootworm is a widespread and destructive insect pest responsible for the single largest use of conventional insecticides in the United States. The new product is the second PIP to offer protection against corn rootworm and is expected to result in a further reduction of chemical insecticide use by growers. The new product, Event DAS-59122-7 Corn, produces its own insecticide within the corn plant derived from Bacillus thuringiensis (Bt), a naturally occurring soil bacterium. The Bt proteins used in this product, called Cry34Ab1 and Cry35Ab1 (Cry 34/35), control corn rootworm.

October 6
 Public Comment Sought on Draft Action Plan for Lindane
The North American Commission for Environmental Cooperation (CEC) has released for public comment a draft action plan to reduce or eliminate the use of lindane in North America. The draft action plan addresses exposure risks through a variety of regulatory and risk management actions, outreach and education efforts, science and research, capacity building, and collaborative cross-border activities. Lindane is a toxic chemical used as an agricultural and veterinary insecticide and also as a pharmaceutical for treatment for lice and scabies in humans. It is a wide-ranging, persistent organic pollutant that accumulates in the environment, animals, and fish before being passed on to humans where it concentrates in milk and body fat. Lindane has been widely used for decades, and it has long been associated with skin irritation and nausea but can even cause convulsions and death if ingested at high levels. The public comment period opened October 3, 2005, and closes November 2, 2005.

Watershed Academy's Third Webcast Features "The ABCs of TMDLs for Stakeholders"
EPA's Watershed Academy sponsored its third Webcast on September 28. This Webcast addressed the basics of the Clean Water Act section 303(d) Total Maximum Daily Load (TMDL) program. “The ABCs of TMDLs for Stakeholders” featured Bruce Zander, TMDL Coordinator for EPA Region 8. The online seminar attracted several hundred participants from 40 states, Ecuador, Italy, and Canada with people participating via streaming audio or phone lines and viewing the PowerPoint presentation on the Internet. EPA plans to host Webcasts monthly. Future offerings will be posted on the Watershed Academy Web site.

Joint Meeting Set for Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group and Pesticide Operations and Management Working Committee
The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Working Committees on Water Quality and Pesticide Disposal will hold a joint 1-day meeting with the Pesticide Operations and Management Working Committee on October 31, 2005, in Arlington, Virginia. The two committees will hold separate meetings on November 1, 2005. This notice announces the location and times for the meetings and sets forth the tentative agenda topics.

Pesticide Registration Requests, Actions, and Tolerance Updates

October 4
EPA Issues Fourth Annual Report to NRDC
EPA issued its fourth annual report to the Natural Resources Defense Council (NRDC), discussing the Agency's progress in implementing risk mitigation measures for 10 pesticides undergoing reregistration and tolerance reassessment and subject to deadlines established by the September 2001 Consent Decree. The pesticides addressed in the report include atrazine, azinphos-methyl, benomyl, carbaryl, chlorpyrifos, diazinon, endosulfan, lindane, phosmet, and propargite. In addition, the report discusses EPA's plans for completing cumulative risk assessments for several groups of pesticides identified as potentially having common mechanisms of toxicity.

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