News Archive: July 2007
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EPA Orders Six Southern California Dairies To Comply With Federal Clean Water Act
EPA ordered six dairies located in the southern California cities of Chino, Ontario, and Mira Loma to comply with federal wastewater discharge regulations or face fines up to $32,500 per day per violation. EPA issued the orders to six dairies for failing to comply with their wastewater discharge permit requirements, violations of the federal Clean Water Act. Runoff from their facilities could pollute the Santa Ana River.
EPA Launches New Tribal Portal Web site
EPA has launched the first-of-its-kind portal Web site to help the tribal community, its supporters, and the public find tribal environmental information and data through a single Web-based access point. Announced at the National Tribal Operations Committee (NTOC) meeting in Washington, DC, the portal is part of EPA’s commitment to strengthen its partnership with Indian tribes and governments to protect human health and the environment. Established in 1994, the NTOC comprises 19 tribal leaders and senior Agency leaders, and meets once a year to discuss implementation of tribal environmental protection programs. Currently, there are approximately 560 separate, federally-recognized tribal governments in the United States.
EPA Presents Water Stewardship Award to Ohio Swine Operation
EPA Region 5 is presenting a first-time award for water resources stewardship to an Ohio swine operation. Ohio EPA nominated the Pharoah-Rose Grove sow facility for its exceptional record of environmental protection and innovation. The Paulding County farm houses nearly 3,000 sows, which produce about 1,000 weanling pigs per week. From there the small pigs are transported to growing facilities in western Ohio and Indiana where they are raised for market.
EPA Extends Comment Period for 4-Aminopyridine Risk Assessments
EPA issued a notice in the Federal Register of May 30, 2007 (72 FR 29995) (FRL-8132-2), concerning the availability of EPA's ecological risk assessments, and related documents for the pesticide 4-aminopyridine. This document is extending the comment period for 4-aminopyridine for twenty-three days. Comments must be received on or before August 22, 2007.
Risk Reduction Options and Ecological Risk Assessment for Acrolein
This notice announces the availability of EPA's ecological risk assessment, and related documents for the pesticide acrolein, and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. Comments must be received on or before September 24, 2007.
Risk Reduction Options and Risk Assessment for Naphthenate Salts
This notice announces the availability of EPA's risk assessment(s), and related documents for the pesticides copper naphthenate and zinc naphthenate (the naphthenate salts), and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. Comments must be received on or before September 24, 2007.
Availability of Implementation of the Emerging Pathogens and Disinfection Hierarchy for Antimicrobial Products
To assure that EPA's practices related to implementing the Food Quality Protection Act of 1996 (FQPA) are transparent and open to public participation, EPA is soliciting comments on the pesticide draft science guidance document entitled ``Implementation of the Emerging Pathogens and Disinfection Hierarchy for Antimicrobial Products.'' Comments must be received on or before August 24, 2007.
EPA Fines Companies for Pesticide Violations
Cases involving three Pennsylvania businesses and one in Virginia demonstrate EPA's intent to enforce federal pesticide laws to protect consumers and the environment. EPA’s mid-Atlantic Region filed a complaint for allegedly selling or distributing unregistered pesticides. EPA’s mid-Atlantic Regional office settled two other pesticide cases with two Pennsylvania companies for alleged distribution of unregistered or misbranded pesticides. In Virginia, an industrial cleaning and process chemicals company agreed to settle its case with EPA for an alleged pesticide reporting violation.
EPA Fines Garden Store for Selling Cancelled Pesticide Product
EPA fined a garden store $14,000 for allegedly offering for sale cancelled insecticides, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act. The garden store was offering for sale Green Light Dursban Granules, Ortho Dursban Lawn Insect Spray, and Ortho Dursban. The pesticides contain the active ingredient chlorpyrifos, which was canceled by EPA for nearly all home uses because children might be harmed by exposure to the chemical.
Pesticide Registration Requests, Actions, and Tolerance Updates
- Bacillus Thuringiensis -- clarification of tolerance exemption for Bacillus thuringeniensis in cotton. (July 25)
- Benzyl Benzoate -- notice of receipt to voluntarily cancel registrations to terminate uses of certain products. (July 25)
- Chlorthalonil -- establishes a tolerance, in or on pea, edible podded. (July 27)
- Cyclone Concentrate/gramoxone Max, etc -- notice of cancellation of pesticides for non-payment of year 2007 registration maintenance fees. (July 25)
- Diazinon -- voluntary product cancellation by registrant. (July 25)
- Diflubenzuron -- establishes a time-limited tolerance in or on lemon. This regulation is effective July 25, 2007, and expires on December 31, 2010. (July 25)
- Glufosinate-ammonium -- establishes a tolerance in or on pistachio. (July 25)
- Penoxsulam -- establishes a tolerance in or on fish; fish, shellfish, mollusc; and fish, shellfish, crustacean. (July 25)
- Pesticide Chemicals -- notice announces the initial filing of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. (July 25)
- Registration Applications for Pesticide Products -- notice of receipt of applications to register pesticide products that contain new active ingredients not included in any currently registered products and/or that entail a changed use pattern. (July 25)
Products Intended for Control of Public Health Pests Must Be Effective
The Office of Pesticide Programs has concluded that products being sold to control pests that are known to carry West Nile Virus, Lyme disease, and other vector-borne public health threats must be supported by evidence that they are effective against the target pest. EPA is looking at options to ensure that minimum-risk public health pesticides that are otherwise exempted from regulation are effective.
EPA Awards Pesticide Research Grant to Colorado State University
Colorado State University in Fort Collins, Colorado, will receive $748,582 in grant funding from EPA to develop a software tool to interpret biomarkers of human exposure to pesticides/insecticides. A biomarker is a substance, structure, or process that can be measured in biological samples, such as blood or urine, to indicate exposure, susceptibility, or health effects. CSU will work with Mississippi State University on this research project. This grant is one of five that EPA is awarding in response to a request for applications called “Interpretation of Biomarkers Using Physiologically Based Pharmacokinetic Modeling."
EPA Reopens Comment Period for Octhilinone Risk Assessment
EPA has reopened the comment period for the Agency's preliminary human health and ecological risk assessments for the pesticide octhilinone (OIT). Octhilinone is used as a material preservative, as an industrial mildewcide for cooling tower and air washer water systems, and as a wood preservative. EPA is developing a Reregistration Eligibility Decision (RED) for octhilinone through a modified, four-phase public participation process. These risk assessments were initially issued through a June 13, 2007, Federal Register notice that allowed a 30-day comment period. The current notice allows for comments, identified by docket ID number EPA-HQ-OPP-2007-0414, to be received on or before August 17, 2007.
Comments Invited on Bromonitrostyrene Risk Assessment
EPA has released its risk assessment and related documents for the antimicrobial pesticide bromonitrostyrene (BNS), and has opened a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for BNS through a modified four-phase public participation process. Comments, identified by docket ID number EPA-HQ-OPP-2007-0540, must be received on or before September 17, 2007.
EPA Invites Projects for Midwest Clean-Diesel Grants
EPA Region 5's Midwest Clean Diesel Initiative announced it expects to award up to $300,000 this year in grants for diesel-emission reduction projects in Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. Project proposals will be accepted until September 18, and final awards are expected to be made around January 1. Proposals may include, but are not limited to, diesel exhaust retrofits, vehicle replacement, idle reduction technologies or strategies, and use of cleaner-burning fuels such as biodiesel.
PPDC Registration Review Implementation Work Group To Meet
The Pesticide Program Dialogue Committee's Registration Review Implementation Work Group will hold a public meeting on July 24, 2007, in Arlington, Virginia. The Work Group will review initial registration review dockets for antimicrobial and biopesticide cases, and may make recommendations to improve future dockets. An agenda for this meeting is on EPA's Web site.
EPA Extends Clean Water Act Deadlines for Animal Feeding Operations
To respond properly to citizen comment on a federal court order, EPA announced a final rule extending certain compliance deadlines from July 31, 2007 to Feb. 27, 2009 for concentrated animal feeding operations (CAFOs). One extension applies to water pollution permit application deadlines for certain facilities that EPA defined as CAFOs for the first time in 2003. The other extension relates to when CAFOs that have a Clean Water Act permit are required to develop and implement their nutrient management plans (NMPs). An NMP is a plan that specifies the amount of manure that can be applied to crops so the potential for nutrient runoff to water bodies is minimized.
EPA Grant Helps Farmers Convert to "No-Till/Direct Seed" Soil Preparation
A group of farmers in Northeastern Washington are using a different method of soil preparation on 16,000 acres, a conversion that protects their farms, is beneficial to the environment, and saves them money. The conversion, to what's known as "no-till/direct seed," was undertaken thanks to a $100,000 EPA grant, primarily aimed at reducing diesel air emissions.
Pesticide Registration Requests, Actions, and Tolerance Updates
- Alachlor, chlorothalonil, and metribuzin -- objections denied to an order denying a petition requesting modification or revocation of pesticide tolerances (July 18)
Clean Water Act Settlement Preserves Wetlands in North Georgia
EPA announced the settlement of a Clean Water Act (CWA) Section 404 violation with Barnsley Inn & Gardens, L.P., owner of a golf and convention resort near Adairsville, Georgia. Barnsley allegedly filled more than five acres of wetlands during construction of a water hazard and golf course, without obtaining a permit required under the CWA. The enforcement action was a result of an inappropriate claim under the CWA's farm pond exemption. Under the terms of the settlement, Barnsley will conduct onsite restoration work to return the natural flow of Dry Creek, a Georgia designated secondary trout stream. Barnsley also will pay a civil penalty of $15,000; complete a Supplemental Environmental Project by purchasing and transferring $100,000 in rights to wetland and river front property for perpetual preservation; and pursue an after-the-fact Section 404 permit from the Army Corps of Engineers with appropriate mitigation to authorize remaining impacts.
Summary of 17 Total Maximum Daily Loads (TMDLs) With Stormwater Sources
"Total Maximum Daily Loads with Stormwater Sources: A Summary of 17 TMDLs" is a new EPA report summarizing 17 TMDLs that have been developed for stormwater sources in 16 states during the past eight years. They represent a range of pollutants, models used, and different allocation and implementation methods that will be helpful to TMDL practitioners and NPDES permitting agencies and permittees as they develop and implement new stormwater source TMDLs.
Assay Peer Review Process for Endocrine Disruptor Screening Program
EPA has published the approach it intends to take for conducting peer reviews of the Tier 1 screening assays and Tier 2 testing assays being validated by the Agency's Endocrine Disruptor Screening Program (EDSP), as well as EPA's approach for conducting the peer review of the Tier 1 battery.
EPA Holds First-Ever Dialogue With Agriculture Leaders
As part of a new and closer relationship EPA seeks with the farm community, Administrator Stephen L. Johnson in Washington presided over the Agency's first-ever dialogue with leaders of the agriculture industry. Johnson discussed three primary issues with attendees:
- Environmental issues facing agriculture in the next 10 years
- How the changing face of agriculture will impact the environment
- How EPA can improve its relationship with agricultural producers and get them more involved in environmental protection.
The meeting was held under the auspices of the National Strategy for Agriculture that Johnson signed in May 2006.
EPA Settles With Two California Companies for $36,400 for Sale of Unregistered Mexican Pesticide
EPA fined a Los Angeles distributor and a San Diego retailer $36,400 for allegedly distributing and selling "El Rendidor Cloralex" in violation of federal pesticide laws. The Los Angeles distributor will pay $10,400 for importing the product illegally from Mexico and selling it to the San Diego retailer, which in turn sold it to multiple stores. The San Diego retailer was fined $26,000.
Copper 8-Quinolinolate Risk Assessment Available for Comment
EPA has released its risk assessment and related documents for the pesticide copper 8- quinolinolate, and has opened a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for copper 8-quinolinolate through a modified, four-phase public participation process. Comments, identified by docket ID number EPA-HQ-OPP-2007-0556, must be received on or before September 10, 2007.
Aliphatic Alcohols RED Available for Comment
EPA has released its Reregistration Eligibility Decision (RED) for aliphatic alcohol pesticides, and has opened a public comment period on this document. The Agency's risk assessments and other related documents also are available in the aliphatic alcohols docket. The aliphatic alcohols subject to this RED include 1-hexanol, 1-octanol, 1-decanol, and 1-dodecanol, which are used as a growth regulator for tobacco sucker control and as a lepidopteran pheromone in apple and pear orchards. EPA has reviewed aliphatic alcohols through a modified, one-phase, low-risk process with a public comment period following the publication of the RED. Comments, identified by docket ID number EPA-HQ-OPP-2007-0134, must be received on or before September 10, 2007.
- More information on aliphatic alcohols
EPA Schedules Hearing on Request To Reduce Pre-Harvest Interval for EBDC Fungicides on Potatoes
EPA has announced that it will hold a hearing on its intent to cancel registrations containing EBDCs for use on potatoes. Such a hearing is required when a registrant wants to modify an existing cancellation order that was issued after the opportunity for a hearing. At issue for this hearing is the requirement to extend the preharvest interval (PHI) to reduce the dietary risk. EPA has determined that the registrant's petition requesting a modification of the cancellation order has merit.
PPDC Registration Review Implementation Work Group To Meet July 24
EPA's Pesticide Program Dialogue Committee (PPDC) Registration Review Implementation Work Group will hold a public meeting on July 24, 2007, from 10 a.m. to 4 p.m. in Arlington, Virginia. The work group will review initial registration review dockets for antimicrobial and biopesticide cases, and may make recommendations to improve future dockets.
EPA Awards Over $200,000 to Louisiana, Arkansas Agencies To Administer State Pesticide Programs
Under a cooperative agreement, EPA has awarded funds to Louisiana and Arkansas agencies to administer their states' pesticide programs. The Louisiana Department of Agriculture and Forestry (LDAF) received $220,917, and the Arkansas State Plant Board (ASPB) was awarded $249,555. These cooperative agreements will ensure that pesticides are used according to label directions and that they are produced and/or distributed in Louisiana and Arkansas in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The agencies will also use the funds to enhance pesticide worker safety programs, the endangered species program, and ground water protection.
EPA Midwest Clean Diesel Initiative Awards $100,000 to Minnesota Environmental Initiative
EPA Region 5's Midwest Clean Diesel Initiative has awarded almost $100,000 to the Minnesota Environmental Initiative's Project Green Fleet to help retrofit at least 100 diesel-powered school buses and 19 heavy-duty diesel trucks in Minnesota public fleets with emission reduction equipment. The cities of Minneapolis and St. Paul and Washington and Hennepin counties will get heavy-duty diesel truck retrofits for 15 vehicles, and private firms working on the new Twins stadium construction will get retrofits for four vehicles.
Pesticide Registration Requests, Actions, and Tolerance Updates
- Cymoxanil -- establishes tolerances for residues of cymoxanil in or on grape, hop, and caneberry. (July 11)
- Indoxacarb -- establishes tolerances for combined residues of indoxacarb and its R-enantiomer in or on various food commodities (July 11)
- Silver compounds -- petition to amend regulations for residues of silver as component of food contact surface sanitizing solution. (July 11)
- Various herbicides and fungicides -- revokes, modifies, or establishes tolerances for the herbicides chlorpropham, linuron, pebulate, asulam, and the fungicide thiophanate-methyl. (July 11)
California Company Settles Federal Pesticide Violation
EPA reached a $4,680 settlement with a California importer and distributor of Middle Eastern and Mediterranean products to resolve the alleged import and distribution of the unregistered pesticide, Dettol Antiseptic Germicidal. EPA alleged that Karabetian Import and Export, Inc., in Los Angeles, imported and later sold the pesticide Dettol Antiseptic Germicidal to a Lincoln, Nebraska, retailer, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act.
EPA Seeks Technical Assistance for Small Drinking Water Systems
EPA is soliciting proposals to provide training and technical assistance to small and/or rural public water systems to develop and implement source water (ground water and surface water) protection plans and wellhead protection plans. EPA is also soliciting proposals to provide training and technical assistance to small and/or rural public water systems for rule implementation, capacity development, and water systems operations. Public water systems include community water systems, and other small and rural non-community systems such as hospitals, schools, or mobile home parks. Proposals must be received through Grants.gov by August 22, 2007.
EPA Issues Draft Technical Document on "Options for the Expression of Daily Loads in TMDLs"
EPA has issued a draft technical document for the development of total maximum daily loads (TMDLs) titled "Options for the Expression of Daily Loads in TMDLs." This document provides technically sound options for developing "daily load expressions" as a routine process in TMDLs calculated using allocation timeframes greater than daily (e.g., annual, monthly, seasonally). The document is written for TMDL practitioners who are familiar with the relevant technical approaches and regulatory requirements pertaining to TMDLs.
Water Environment Federation Holds TMDL Conference
The Water Environment Federation (WEF) held a TMDL 2007 Specialty Conference in Bellevue, Washington, on June 24-27. TMDL 2007 brought together hundreds of environmental experts to exchange information on challenging issues related to the total maximum daily load (TMDL) process. Workshops examined topics in use attainability analysis, water quality trading, and third-party TMDL development. During the conference's 15 technical sessions more than 100 speakers, including many representatives of EPA's Office of Water, examined the complete range of TMDL issues. Conference proceedings (#CD0737) may be purchased from WEF at 800-666-0206.
EPA Upgrades Web Site on Water Quality Standards
EPA has upgraded the Web site that provides Agency guidance for administering state and tribal water quality standards. Containing EPA's Water Quality Standards Handbook: Second Edition, the Web site has been upgraded to provide more than 100 new links to EPA documents and Web pages with supporting information. The handbook, a popular feature of the site, provides comprehensive guidance for implementing EPA's water quality standards regulation.
EPA Seeks Comments on Bioban P-1487 Risk Assessment
EPA has released its risk assessments and related documents for the antimicrobial pesticide Bioban P-1487, and has opened a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for Bioban P-1487 through a modified, four-phase public participation process. Comments, identified by docket ID number EPA-HQ-OPP-2007-040, must be received on or before September 4, 2007.
Glutaraldehyde Risk Assessment Available for Comment
EPA has released its risk assessment and related documents for the antimicrobial pesticide glutaraldehyde, and has opened a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for glutaraldehyde through a modified, four-phase public participation process. Comments, identified by docket ID number EPA-HQ-OPP-2007-0364, must be received on or before September 4, 2007.
EPA Issues Amended Reregistration Eligibility Decision for Metaldehyde
EPA has amended certain provisions of the 2006 Reregistration Eligibility Decision (RED) for the pesticide metaldehyde. The amendments are in response to comments received during the public comment period on the RED and new information considered by the Agency after the RED was issued. After reconsidering several risk mitigation measures discussed in the RED, the Agency has revised some elements of the risk mitigation program, including product labeling.
Pesticide Registration Review: Two Dockets for Review and Comment
Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration. 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. EPA has established registration review dockets for the following pesticides (comments, identified by the docket ID number, must be received on or before October 4, 2007):
- 1-methyl-3, 5, 7-triaza-1-azoniatricyclodecane chloride (Busan 1024) -- case number 5026; docket ID number EPA-HQ-OPP-2006-0243
- 2,4-imidazolidinedione -- case number 5020; docket ID number EPA-HQ-OPP-2006-0244
EPA Fines Safeway $675,000 for Allegedly Selling Unregistered Household Cleaning Products
EPA fined Safeway, Inc. $675,000 for allegedly selling unregistered household cleaning products at its Hawaii and California stores with labels claiming the products disinfect and remove mold and mildew, a violation of federal law. Disinfectants and products that control mold are considered pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Both products make pesticidal claims that would require registration as pesticides with EPA. Neither product was registered.
Pesticide Registration Requests, Actions, and Tolerance Updates
- (E,E)-9,11-tetradecadien-1-yl acetate -- quarantine exemption request from the United States Department of Agriculture/Animal and Plant Health Inspection Service (USDA/APHIS) to treat host plants to control the Light Brown Apple Moth (LBAM) (July 6)
- Thymol -- filing of a pesticide petition proposing exemption from the requirement for a tolerance in or on various food commodities when used as a hard surface disinfectant (July 6)
California Facility Pays $12,500 To Settle Pesticide Violations
EPA reached a $12,500 settlement with Elk Grove Milling, Inc., a pesticide production facility in Elk Grove, California, to resolve alleged production and distribution of an unregistered, mislabeled horse feed containing Rabon, an organophosphate used to control flies in horse feces. EPA alleged that the company did not accurately report the production, sale, and distribution of the pesticide, Stable Mix Plus with Fly Control. The Agency also alleged that the company sold Stable Mix Plus with Fly Control despite the fact that the pesticide was both unregistered and mislabeled.
National Livestock and Poultry Environmental Learning Center July Newsletter and Webcast
The July edition of the National Livestock and Poultry Environmental Learning Center (LPE) newsletter is available. Topics include: Webcast Planning Survey Complete-Your Top Picks Are...; LPE Learning Center to be Part of eXtension; Feed Management Fact Sheets Now Available; EPA Develops a Matrix of Agriculture Related Regulations; Upcoming EPA Workshop to Focus on Hormones; and ASABE Hosts Symposium on Air Quality and Waste Management.
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