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 Also, please be aware that the information in any particular article may be outdated or superseded by additional information.

February 25
 Tribal Pesticide Program Council Sets Public Meeting
The Tribal Pesticide Program Council (TPPC) will hold a 2 1/2-day meeting in Arlington, Virginia, on March 16-18, 2005. The TPPC is a tribal technical resource and program and policy dialogue and development group, focused on pesticide issues and concerns. It is composed of authorized representatives from federally recognized tribes and Indian nations and intertribal organizations. Thirty two tribes or Indian nations have authorized representatives.

Comments Invited on Reregistration Eligibility Decision Documents for Carboxin/Oxycarboxin
EPA has published Reregistration Eligibility Decision (RED) documents for the pesticide active ingredients carboxin and oxycarboxin, and has opened a 60-day public comment period. The RED represents EPA's formal regulatory assessment of the human health and environmental effects database of carboxin and oxycarboxin and presents the Agency's determination regarding which pesticidal uses are eligible for reregistration. Comments, identified by docket identification (ID) number OPP- 2004-0233, must be received on or before April 26, 2005.

EPA Issues Reregistration Eligibility Decision for Imazalil
EPA has issued its Reregistration Eligibility Decision (RED) document for the pesticide active ingredient imazalil. The RED represents EPA's formal regulatory assessment of the human health and environmental data base of imazalil and presents the Agency's determination regarding which pesticidal uses are eligible for reregistration. All registrants of pesticide products containing imazalil have been sent the RED, and must respond to labeling requirements and product-specific data requirements (if applicable) within 8 months of receipt. Products also containing other pesticide active ingredients will not be reregistered until those other active ingredients are determined to be eligible for reregistration.

Thiram Reregistration Eligibility Decision Issued
EPA has issued its Reregistration Eligibility Decision (RED) for the pesticide thiram. The Agency's risk assessments and other related documents also are available in the thiram docket. EPA has reviewed thiram through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Because all issues related to this pesticide were resolved through consultations with stakeholders, the Agency is issuing the thiram RED without a comment period.

February 24
 Science Advisory Board Requests Nominations for Arsenic Review Panel
The EPA Science Advisory Board (SAB) and the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) will establish a panel to conduct a review of the Agency's risk assessment for arsenic. The SAB staff office is requesting nominations of recognized experts to serve on this SAB Arsenic Review Panel. Nominations should be submitted in time to arrive no later than March 16, 2005.

EPA Soliciting Proposals for 2005/2006 State Innovation Grants
EPA's National Center for Environmental Innovation (NCEI) is soliciting proposals for the 2005/2006 grant program to support innovation by state environmental regulatory agencies, the "State Innovation Grant Program." The full text of the solicitation includes the following:

State environmental regulatory agencies will have 60 days (until April 25, 2005) to respond with a pre-proposal, budget, and project summary.

Comments Invited on Tolerance Reassessment Decision for Low-Risk Pesticide Nicosulfuron
EPA has released its Tolerance Reassessment Decision (TRED) for the low-risk pesticide nicosulfuron, and has opened a public comment period on this document, related risk assessments, and other support documents. Nicosulfuron is a sulfonyl urea herbicide registered for early-postemergent and postemergent use on corn. It may be used alone or in formulation with other active ingredients to control annual and perennial grasses and broadleaf weeds. EPA has reviewed nicosulfuron through a modified, streamlined version of the public participation process. Comments, identified by docket ID number OPP-2004-0308, must be received on or before March 18, 2005.

EPA Issues Reregistration Eligibility Decision for 2,4-DB Butyric Acid and 2,4-DB-DMAS Butyrate 
EPA has issued its Reregistration Eligibility Decision (RED) for the pesticide 2,4-DB (4-2,4- dichlorophenoxy) butyric acid and 2,4-DB-DMAS (dimethylamine 4-2,4- dichlorophenoxy) butyrate. The Agency's risk assessments and other related documents also are available in the 2,4-DB butyric acid and 2,4-DB-DMAS butyrate docket (OPP-2004-0220). 2,4-DB is a member of the chlorophenoxy class of herbicides which function by mimicking the action of auxins, plant growth hormones. 2,4-DB is used to control broadleaf weeds in alfalfa, clover, soybeans, peanuts, peppermint, spearmint, and birdfoot trefoil. Because all issues related to this pesticide were resolved through consultations with stakeholders, the Agency is issuing the RED without a comment period.

Pesticide Registration Requests, Actions, and Tolerance Updates

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February 23
 Correction of Due Date for Comments on Methyl Eugenol TRED
EPA issued a notice in the Federal Register of February 2, 2005, concerning the Tolerance Reassessment Decision (TRED) for the low-risk pesticide methyl eugenol. That notice contained a typographical error concerning the due date for comments on this action. Comments, identified by docket ID number OPP-2004-0418, must be received on or before April 25, 2005.

February 22
 Three Companies Penalized for Pesticide Violations on Yakama Reservation
EPA announced administrative complaints filed against JSH Farms, Inc., Ag-Air Flying Services, Inc., and Yakama Land Enterprise for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The complaints alleged violations in 2004 on the Yakama Indian Reservation in Washington State with proposed penalties totaling $12,480.   The alleged violations included:

EPA Office of Pesticide Programs Releases 2004 Annual Report
The 2004 annual report of EPA's Office of Pesticide Programs, entitled Taking Care of Business: Protecting Human Health and the Environment, is now available online. The report includes sections on registration, reregistration and tolerance reassessment, international harmonization, E-government, endangered species, biotechnology, partnerships, and other key areas. The hard copy version of the report will be available in March and will include an interactive CD-ROM, with the same links to supporting documents as the online version.

Comments Invited on Draft Guidance for 2006 Integrated Reports on Water Quality
EPA has released a draft of its guidance to states and territories for developing 2006 biennial Integrated Reports (IR) on water quality. Each IR will report on the water quality standards attainment status of all waters, document the availability of data and information for each water, track trends in water quality conditions, and provide information to managers in setting priorities for future actions to protect and restore the health of U.S. water resources. Public comments are invited on the draft guidance; they should be submitted by March 23, 2005.

February 18
Governors, Tribal Leaders Invited To Nominate Projects for Watershed Grants
EPA is inviting U.S. governors and tribal leaders to submit nominations for the third round of grants in the Agency's Targeted Watersheds Grant Program. In the first 2 years of the program, EPA awarded nearly $30 million in grants to 34 watershed organizations across the country. For fiscal year 2005, Congress has approved $18 million for grants to support community-based approaches and activities to help local water resources -- $8 million of which will go directly to grants in the Chesapeake Bay watershed. Today's notice announces the beginning of the 2005 process for the $10 million targeted for nationwide watershed grants. Grant nominations are due on or before May 19, 2005.

EPA Sets Reference Dose for Perchlorate
EPA has established an official reference dose (RfD) of 0.0007 mg/kg/day of perchlorate. This level is consistent with the recommended reference dose included in the National Academy of Science's January 2005 report. A reference dose is a scientific estimate of a daily exposure level that is not expected to cause adverse health effects in humans. EPA's reference dose, which assumes total intake from both water and food sources, is appropriate and protective for all populations, including the most sensitive subgroups. The selected reference dose contains a full 10-fold uncertainty factor to protect the most sensitive population, the fetuses of pregnant women who might have hypothyroidism or iodide deficiency. This uncertainty factor also covers variability among other human life stages, gender and individual sensitivities, protecting not only adults, but also other sensitive subpopulations such as premature neonates, infants, and developing children. EPA's reference dose for perchlorate will be posted on the agency's online IRIS database, which contains risk information on possible human health effects from exposure to chemical substances in the environment.

Drinking water contaminated with perchlorate is the most likely way that perchlorate can be ingested. Recent studies conducted by the U.S. Department of Agriculture (November 2004) and the Environmental Working Group (April 2003) have detected perchlorate in samples of lettuce in California. Several other studies also detected perchlorate in milk samples taken from California and Texas. Additional studies of perchlorate uptake in food crops are currently being conducted by the U.S. Food and Drug Administration.

Pesticide Registration Requests, Actions, and Tolerance Updates

February 15
 Comment Period Extended for Whole Effluent Toxicity Guidance
In mid-January, EPA released its draft National Whole Effluent Toxicity Implementation Guidance for public review and comment. The draft guidance document provides recommendations to states and EPA regional offices on implementing whole effluent toxicity (WET) testing in National Pollutant Discharge Elimination System (NPDES) permits. The comment period has been extended through March 31, 2005.

February 9
EPA Seeks Proposals for Training Health Care Providers About Pesticide Poisoning
EPA's Office of Pesticide Programs (OPP) is soliciting proposals for financial assistance to support a continuing EPA national initiative to improve the training of health care providers in recognition, diagnosis, treatment, and prevention of pesticide poisonings among those who work with pesticides. OPP will establish cooperative agreements with two different organizations whose work collectively will cover a range of activities needed to improve the recognition and management of pesticide-related health conditions. Funded projects will focus on creating significant institutional change in health care providers' educational and practice settings through education, professional training, and the development of new resources and tools on pesticide-related health conditions. The total funding available for award in FY 2005 is expected to be approximately $265,000, with two cooperative agreements being awarded at $132,500 each. Depending on the need and the Agency's budget in outlying years, the projects may be funded for a total of 5 years, with a total potential funding of up to $1,325,000 for the 5-year period. Applications must be received by EPA on or before March 28, 2005. The docket identification (ID) number is OPP-2004-0281.

Pesticide Registration Requests, Actions, and Tolerance Updates

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February 8
 Comments Sought on Protections for Human Subjects
Consistent with a court decision, EPA is publishing a notice that describes the rigorous standards EPA is using to evaluate whether or not to rely on human studies that have been submitted to the Agency. The Agency's principal considerations are the protection of the welfare of human research subjects and adherence to rigorous ethical and scientific standards. In this process, the Agency is following instructions from the ruling by the U.S. Court of Appeals for the District of Columbia to determine on a case-by-case basis -- applying statutory requirements, the Common Rule, and high ethical standards as a guide -- whether third-party human studies will be relied on in the regulatory decision making process. EPA's approach does not encourage private parties to conduct, nor commit EPA to rely on, human studies, but establishes a credible plan to develop and implement agency policy in this area. EPA is seeking comments on the rule-making processes, extensive public engagement, and developing additional guidance as needed. Comments, identified by docket identification (ID) number OPP-2003-0132, must be received on or before May 9, 2005. 

February 3
Georgia Cattle Company, Owner, and Farm Manager Plead Guilty to Causing Bird Kill
The Kahn Cattle Company of Bartow County, Georgia; the company's owner; and its farm manager all pleaded guilty on January 21 in U.S. District Court for the Northern District of Georgia in Rome, Georgia, to unlawfully killing approximately 3,300 migratory birds in violation of the Migratory Bird Treaty Act. In addition, the company pleaded guilty to illegally disposing of hazardous waste in violation of the Resource Conservation and Recovery Act. To kill nuisance birds, the owner and farm manager spread corn laced with a chemical known as Warbex around a pond on company property. Warbex is a topical preparation that is applied to cattle to control insect pests. It contains Famphur, which is a highly toxic substance that is not meant for ingestion. Federal and state agents ultimately collected 3,326 birds killed as a result of this act.

EPA Cites Martex for Failure to Protect Its Workers' Safety at Two Farms in Puerto Rico
EPA has filed a complaint against Martex Farms for violating the worker protection provisions of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Martex owns numerous large commercial farms covering thousands of acres in Puerto Rico and has over 300 employees. Martex, which in late 2003 had received several Notices of Warning for worker protection violations at its farms, was reinspected by the Puerto Rico Department of Agriculture and EPA inspectors in April 2004 as part of a large worker protection enforcement initiative in Puerto Rico. Violations found during the reinspection included failure to post specific information regarding what kinds of pesticides are being applied where and when and failure to provide adequate decontamination supplies and protective equipment for Martex employees. EPA has filed a 338-count complaint against Martex for violating FIFRA's worker protection and safety requirements at its farms and is seeking over $400,000 in civil penalties.

February 2
Procedural Regulations for Registration Review; Notification to Secretary of Agriculture
The Administrator of EPA has forwarded to the Secretary of Agriculture a draft proposed rule as required by section 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The draft proposed rule would establish procedures for conducting a periodic review of pesticide registrations. FIFRA section 3(g) directs the Agency to establish by regulation procedures for reviewing pesticide registrations, with a goal of reviewing each pesticide's registration every 15 years. The purpose of this review is to assure that a pesticide continues to meet the FIFRA standard for registration.

Comments Invited on Tolerance Reassessment Decision for Methyl Eugenol, a Low-Risk Pesticide
EPA has released its Tolerance Reassessment Decision (TRED) for the low-risk pesticide methyl eugenol, and has opened a public comment period on this document, related risk assessments, and other support documents. Comments were due February 3, 2005.

February 1
EPA Invites Animal Feeding Operations To Sign Voluntary Air Compliance Agreement
EPA is offering animal feeding operations (AFOs) an opportunity to sign a voluntary Air Compliance Agreement. AFOs that choose to sign the agreement will share responsibility for funding an extensive nationwide emissions monitoring study. The monitoring study will lead to the development of methodologies for estimating emissions from AFOs and will help AFOs determine and comply with their regulatory responsibilities under the Clean Air Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and the Emergency Planning and Community Right-To-Know Act. Once applicable emission-estimating methodologies have been published by EPA, the agreement will also require each participating AFO to certify that it is in compliance with all relevant requirements of these Acts. Eligible AFOs will have 90 days from the date of this notice to sign the agreement. EPA is requesting comment on the Air Compliance Agreement, with particular emphasis on its implementation. Comments must be received on or before March 2, 2005.

Watershed Academy Offers New On-line Training -- "Growth and Water Resources"
A new on-line distance-learning training module called "Growth and Water Resources" has recently been posted on EPA's Watershed Academy Web. This training module explains how changes in land use affect water resources, and presents national data on trends in development patterns and activities on land that have become increasingly significant challenges for achieving water quality standards. The module describes a combination of approaches to accommodate future growth in a way that benefits the economy and the environment and will help meet water resource goals.

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