News Archive: September 2008
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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 Also, please be aware that the information in any particular article may be outdated or superseded by additional information.
EPA Fines Nevada Wholesaler for Allegedly Selling Unregistered Water Cleaning Product
EPA recently fined Thermwell Products Co., Inc., $5,200 for allegedly selling an unregistered water cleaning product with labels claiming the product eliminates bacteria in air conditioners, humidifiers, dehumidifiers, and refrigerators, a violation of federal law. In 2006, the company distributed and sold Frost King Double Strength Pan-Tablets to Lowes with labels making claims that would require pesticide registration with EPA. Disinfectants and products that control bacteria are considered pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act, and must be registered with EPA and properly labeled.
Pesticide Program Dialogue Committee To Hold Public Meeting
EPA's Pesticide Program Dialogue Committee (PPDC) will hold a public meeting on October 7-8, 2008, in Arlington, Virginia. A draft agenda is under development that will include reports from and discussions about issues from the PPDC work groups on 21st century toxicology/new integrated testing strategies and comparative safety statements for pesticide product labeling. The agenda will also include reports from the Office of Pesticide Programs (OPP) pesticide incident workgroup; OPP's pollinator protection team; the work group on web-distributed labeling; and updates on endangered species, endocrine disruptors, and resources.
Azadirachtin Registration Review Docket Opened for Comment
EPA has established a registration review docket for azadirachtin (docket ID #EPA-HQ-OPP-2008-0632) and has opened the public comment period for this registration review. Comments must be received on or before November 24, 2008.
EPA Releases Final Rule on Food Packaging Treated With Pesticide
EPA has acted to except food packaging materials (e.g., paper and paperboard, coatings, adhesives, and polymers) from the definitions of "pesticide chemical" and "pesticide chemical residue" under the Federal Food, Drug, and Cosmetic Act, when such food packaging materials have been treated with a pesticide regulated under the Federal Insecticide, Fungicide, and Rodenticide Act. This final rule applies only to the food packaging materials themselves: pesticide-treated food packaging that is distributed or sold with the purpose of controlling pests. Food packaging that is not distributed or sold to control pests is not a pesticide and is not subject to this rule.
First of EPA's $50 Million Clean Diesel Funding Awarded
EPA has awarded the first $3.4 million in funding for clean diesel projects under the $50 million Diesel Emission Reduction Program. This campaign makes awards to save fuel and lower greenhouse gas and diesel exhaust emissions from the country's existing fleet of 11 million diesel engines. Three small trucking organizations received $3.4 million to lower fuel costs and shrink their carbon footprints through innovative loans and rebates: the Community Development Transportation Lending Services, Washington, D.C.; Cascade Sierra Solutions, Oregon; and Owner-Operator Independent Drivers Association, Missouri. EPA will begin disbursing $14.8 million for state clean diesel programs; and later this fall, $27.6 million in grants will be distributed by EPA's 10 regional offices. Finally, grant awards for emerging technologies totaling approximately $3.4 million will be announced this winter.
EPA Acts To Protect Public From Unregistered Pesticides
EPA has filed a complaint against Unelko Corporation of Scottsdale, Arizona, for the alleged sale and distribution of seven unregistered pesticides in violation of the Federal Insecticide, Fungicide, and Rodenticide Act. EPA is seeking penalties of up to $53,950 from Unelko for offering for sale the following seven unregistered pesticides: Eliminate Stainless Shine 3-in-1 Surface Care, Eliminate 3-in-1 Sani-Shield Antimicrobial Surface Barrier, Eliminate Sani-Shield 3-in-1 Surface Care, 1 Step Clean & Shield Bath Scrub, 1 Step Clean & Shield Bathroom Care, 1 Step Clean & Shield Surface Care, and Eliminate Sani-Scrub 3-in-1 Surface Care. In addition, Unelko twice failed to provide the state and EPA with access to documents relating to the shipment of these antimicrobial cleaning products. The nine violations were identified through an Arizona Department of Agriculture inspection conducted on behalf of EPA in November 2007.
Science Advisory Board Announces Public Meeting To Address Reactive Nitrogen
The Science Advisory Board's Integrated Nitrogen Committee (INC) is studying the need for integrated research and strategies to reduce reactive nitrogen in the environment. At a public meeting scheduled for October 20-22 in Washington, DC, the INC will: (1) present its preliminary findings and recommendations related to integrated risk reduction for nitrogen; (2) engage with invited participants in breakout groups to get their input on the preliminary recommendations; and (3) consider how to incorporate the input received as the committee prepares its advisory report for EPA. The INC will hold three subsequent teleconferences on December 8, 9, and 10 for the committee to discuss its revised draft report.
Owners of Maine Vacation Parcel Pay $115,000 Fine for Filling Wetlands
The owners of more than 3,200 acres of land on the western shore of Maine's Moosehead Lake will pay an EPA fine of $115,000 for filling 1.5 acres of freshwater wetlands on their property between 2001 and 2005. The filling of wetlands without a permit, which occurred during expansion of a private airstrip and development of a rock quarry, is a violation of the federal Clean Water Act and other federal requirements designed to protect wetlands. In 1997, the owners constructed a trout pond on the property, altering approximately 0.4 acres without first seeking a permit from the Army Corps of Engineers, as required by the Clean Water Act.
EPA Releases 2009-2010 Decision Tree for Determining Pesticide Registration Fees
EPA's updated Pesticide Registration Improvement Renewal Act (PRIA 2) Web site and decision tree will help applicants requesting a pesticide registration or tolerance action to accurately identify the category of their application and the amount of the required fee before they submit the application.
Pesticide Registration Requests, Actions, and Tolerance Updates
- Aldicarb, ametryn, 2,4-DB, dicamba, etc. -- action to establish, modify, or revoke tolerances for residues in or on various commodities (September 24)
- Cyfluthrin -- establishment, revision, or deletion of tolerances for residues in or on numerous raw agricultural commodities; establishment of tolerances for residues of beta-cyfluthrin in or on all commodities for which cyfluthrin tolerances exist (September 24)
- Pendimethalin -- establishment of tolerances for residues in or on crayfish and cotton gin byproducts (September 24)
AAPCO/SFIREG Working Committee on Pesticide Operations and Management Announces Public Meeting
The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Working Committee on Pesticide Operations and Management will hold a 2-day meeting, from October 6-7, 2008 in Boise, Idaho. The agenda will include discussions on risk mitigation measures for soil fumigants; a follow-up report on updated spray drift language for agricultural pyrethroids; state concerns with proposed labeling changes for picloram; and refining a system for SFIREG/POM review of proposed pesticide labeling. Additional information and the full agenda can be found at the AAPCO Web site.
EPA Reaches Agreement with Pesticide Manufacturers on Federal Pesticide Rules Violations
EPA Region 4 has settled an administrative penalty case against E.I. duPont de Nemours and Company (Dupont) and Griffin LLC (Griffin) for violations of the Federal Insecticide, Fungicide, and Rodenticide Act. According to the terms of the settlement, Dupont and Griffin collectively will pay a total civil penalty of $877,500, and will undertake corrective actions to ensure that the violations do not recur. Based on a review of pesticide importation records and inspections, EPA determined that the companies had been importing a registered pesticide active ingredient, ethephon, from a non-approved manufacturing facility in China, and that the composition of the ethephon differed from the composition specified in the statement of formula set out in the registration. EPA also determined that the containers of ethephon imported from China were misbranded in that they stated the incorrect percentage of the active ingredient ethephon contained in the product. Additionally, analytical results from samples of the end-use products showed that they contained ethephon in concentrations exceeding the allowable certified limits specified in their registrations.
EPA Releases Draft Problem Formulation for Human Health Risk Assessments of Pathogens in Land-Applied Biosolids
EPA is announcing the release of a pre-dissemination, external review draft titled,"Problem Formulation for Human Health Risk Assessments of Pathogens in Land-applied Biosolids" for both public comment and external peer review. Through this document, EPA aims to improve problem formulation and strengthen the analysis plans associated with the conduct of quantitative microbial risk assessments on land-applied biosolids. The public comment period and the external peer-review workshop are separate processes that provide opportunities for all interested parties to comment on the document. In addition to consideration by EPA, all public comments submitted in accordance with this notice will also be forwarded to the external peer-review panel for review prior to the workshop. Comments must be received by November 3, 2008.
EPA Settles Pesticides Violations With Pennsylvania Chemical Manufacturer
EPA and Paradigm Labs, Inc., of Pine Grove, Pennsylvania, have settled alleged violations of the the Federal Insecticide, Fungicide, and Rodenticide Act. Paradigm, a chemical manufacturer, will pay a $24,000 penalty for violations that include sales of an unregistered pesticide and sales of a misbranded pesticide. The 14 total violations pertain to three different pesticidal products -- Microbloc MMR, DSP and MSE. Paradigm has certified that it is now in compliance with FIFRA requirements.
Antimicrobial Pesticide Biobor Docket Opened for Review and Comment
EPA has established a registration review docket for Biobor (docket ID# EPA-HQ-OPP-2008-0453) and is opening the public comment period for this registration review. Comments must be received on or before December 16, 2008.
Final Registration Review Decisions Available for Trichoderma and Linalool
EPA announces the availability of its final registration review decisions for the pesticides Trichoderma species (docket ID# EPA-HQ-OPP-2006-0245) and Linalool (docket ID# EPA-HQ-OPP-2006-0356). The dockets for registration review of these pesticide cases include the final registration review decision documents as well as other relevant documents related to the registration review of the subject cases. No risk mitigation measures are required or specified in the final decisions for these registration review cases, and no labeling changes are required as a result of these final decisions.
Notice of Public Meeting of Human Studies Review Board
EPA's Office of the Science Advisor announces a public meeting of the Human Studies Review Board to advise the Agency on the scientific and ethical review issues surrounding human subjects research. Issues to be discussed include: scenarios to monitor the exposure of subjects who apply an agricultural pesticide using airblast equipment in closed cabs and open cabs; a completed field study on the mosquito repellent efficacy of two pesticide products containing picaridin; and a draft guideline for efficacy testing of skin-applied repellents. The meeting will be held from October 21-22, 2008, in Arlington, VA.
EPA Opens Five New Pesticide Registration Review Dockets for Comment; Will Not Review Fenamiphos
EPA has established registration review dockets for the following pesticides, and is opening the public comment period for these registration reviews:
- Trinexapac-ethyl (docket ID# EPA-HQ-OPP-2008-0687)
- Clethodim (docket ID# EPA-HQ-OPP-2008-0658)
- Flumetsulam (docket ID# EPA-HQ-OPP-2008-0625)
- Soap salts (docket ID# EPA-HQ-OPP-2008-0519)
- Flutolnil (docket ID# EPA-HQ-OPP-2008-0148)
Comments must be received on or before December 17, 2008. EPA is also announcing that it will not open a registration review docket for fenamiphos, because this pesticide does not currently have any actively registered products.
Free Watershed Academy Webcast Seminar To Focus on Gulf Hypoxia
EPA's Watershed Academy will present a Webcast entitled "Moving Forward on Gulf Hypoxia" on October 7, 2008. The Webcast will provide a general introduction to the hypoxia problem in the Gulf of Mexico, improvements outlined in the newly released 2008 action plan, and an overview of actions EPA and other federal agencies and state agencies are taking to reduce nutrient pollution and improve water quality in the Mississippi River Basin. To register, visit EPA's Watershed Academy Web site.
- October 7 webcast flyer (PDF) (1 pp, 89K)
EPA Announces Final 2008 Effluent Guidelines Program Plan
Effluent Guidelines are national technology-based regulations and pretreatment standards issued by EPA to reduce pollutant discharges from categories of industry discharging directly to waters of the United States or discharging indirectly through publicly owned treatment works. The final 2008 plan announces that EPA will conduct focused detailed reviews in 2009 and 2010 for the steam electric power generating industry; the coalbed methane extraction portion of the oil and gas extraction industry; and unused pharmaceutical disposal in the health services industry. EPA has already initiated a study on pharmaceutical disposal practices at health care facilities, such as hospitals, hospices, long-term care facilities, and veterinary hospitals.
Pesticide Registration Requests, Actions, and Tolerance Updates
- 2,4-D, bensulide, chlorpyrifos, DCPA, etc. -- action to establish, modify, or revoke tolerances for residues in or on various commodities (September 17)
- Amylopectin -- exemption from the requirement of a tolerance for residues when used in antimicrobial formulations (food-contact surface sanitizing solutions), and when used in accordance with good agricultural or manufacturing practice (September 17)
- Ethoprop -- establishment of tolerances for residues in or on hop, dried cones; peppermint, tops; and spearmint, tops (September 17)
EPA Opens Registration Review Docket for Antimicrobial Pesticide Nuosept 145
EPA has established a registration review docket (ID# EPA-HQ-OPP-2008-0335) for Nuosept 145, and has opened the public comment period for this review. EPA's periodic review of pesticide registrations ensures that pesticides can still be used without unreasonable adverse effects on human health or the environment. Comments must be received on or before December 11, 2008.
FIFRA Scientific Advisory Panel Announces Public Meeting
The Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) will meet December 2-5, 2008, in Arlington, Virginia. The purpose of this public meeting is to consider and review scientific issues associated with occupational post-application monitoring studies conducted by the Agricultural Reentry Task Force, as well as the proposed organization, content, structure, and characteristics of the database that contains the study data.
California Tribe Agrees To Restore Damaged Klamath River Wetlands
EPA has entered into a consent order that requires a northern California tribe to restore approximately 15 acres of willow forest the tribe cleared, causing unauthorized discharges to wetlands. In December 2006 and January 2007, the Coast Indian Community of the Resighini Rancheria placed fill material without a permit into wetlands adjacent to the Klamath River. The Klamath Basin has resource issues including water allocation, water quality, and threatened and endangered species. The Klamath River is the third-largest producer of salmon on the West Coast.
Nevada Chemical Company Pays $29,100 in Penalties for Pesticide Violations
EPA has fined the Nevada-based Sierra Chemical Co. $29,100 for the alleged misuse of a pesticide and for distributing a pesticide with two different EPA registration numbers, both violations of federal pesticide law. During a delivery of a pesticide product to a community swimming pool in Reno, an employee allegedly misused the product by mixing it with muriatic acid instead of water as directed by the label. The improper mixture created a strong chlorine gas that caused the evacuation and transportation of swimmers to local hospitals. In addition, the chemical was distributed on five occasions to various pool supply stores and municipalities with two different registration numbers on the bottles -- one that correctly identified the product and one that incorrectly identified it.
Pesticide Program To Provide Enhanced E-mail Response
EPA's Pesticide Program has implemented a new system for responding to e-mailed questions from the public. It relies on a database of questions that provides possible responses to the individual's query, allowing the user to decide if sufficient information has been provided or if more information is necessary. In many cases, there is no need to submit a question, which provides improved response to public queries. EPA will continue adding categories and questions to the database from information in the existing internal query response system, as well as from new questions that come in from the public or issues that arise in the program.
EPA Region 7 Hosts Farm, Ranch, and Rural Communities Committee Meeting
EPA Region 7 hosted the second meeting of the Farm, Ranch, and Rural Communities Committee on September 8-10, in Kansas City, Missouri. The 30-member committee is part of EPA's efforts to expand cooperative working relationships with the agriculture industry and others who are interested in agricultural issues, and to achieve greater progress in environmental protection. The purpose of this meeting was to continue:
- discussion of the impacts of Agency agriculture-related programs, policies, and regulations regarding climate change and renewable energy
- identification and development of a comprehensive environmental strategy for livestock operations
- development of a constructive approach or framework to address areas of common interest between sustainable agriculture and protection of the environment.
At the meeting, representatives of the farming industry offered a wide variety of insights and recommendations on issues including climate change, the concentrated animal feeding operations (CAFO) rule, energy partnerships, renewable fuels standard, sustainable agriculture, and emerging agricultural issues.
Pesticide Program Dialogue Committee Work Group Announces Public Meeting
The Pesticide Program Dialogue Committee (PPDC) Work Group on Web-Distributed Labeling will meet on October 2, 2008, in Arlington, Virginia. The objective of the work group is to advise about a process to ensure that the most current version of pesticide labeling is available to purchasers and users electronically. A meeting agenda is under development and will be posted on the PPDC Web site by September 26.
EPA Fines Hawaiian Agribusiness for Pesticide Violations
EPA recently announced a settlement with a Hawaiian agribusiness for $17,550 in fines for alleged violations of federal pesticide regulations. The settlement is part of three separate administrative complaints against Syngenta Crop Protection, Inc., and Syngenta Seeds, Inc., totaling $284,050 in civil penalties for violations of the Federal Insecticide, Fungicide, and Rodenticide Act. EPA Region 4 in Atlanta consolidated the violations throughout the United States to emphasize the need for quality control in all aspects of pesticide production and distribution. Violations included failure to meet worker protection standards, use of a pesticide contrary to a provision of an Experimental Use Permit, distributing products with ingredients that differed in composition from the formula submitted to EPA, and advertising violations for restricted-use pesticides.
Aberdeen Landowner Fined $14,000 for Wetland Violations
An Aberdeen, Washington, landowner has agreed to pay EPA a $14,000 penalty to resolve allegations that the company illegally filled wetlands without a Clean Water Act permit. In July 2003, the landowner filled 1.5 acres of wetlands on his property adjacent to the Wishkah River in Aberdeen, failing to obtain the required Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers before performing the work. In fall 2007, the landowner removed the fill from the wetlands and began replanting the site under EPA direction. EPA continues to monitor the site to determine if the wetland restoration will be successful.
Web Site Hosts Can Post "Find Your Watershed" Widget
Anyone with a Web site, including their own blog, can post the new "Find Your Watershed" widget on their Web page. The widget connects to EPA's Surf Your Watershed database, which helps people find their watershed, learn about its health, and link to organizations at work in their watershed. The Agency's first widget, the "environmental tip of the day" released last spring, was seen 363,000 times in June after it was posted, which is more than any single page on EPA's Web site other than the home page.
Pesticide Registration Requests, Actions, and Tolerance Updates
- Acetic acid ethenyl ester, polymer -- exemption from the requirement of a tolerance for residues when used as an inert ingredient in a pesticide chemical formulation (September 10)
- Bacillus thuringiensis Cry2Ae -- temporary exemption from the requirement of a tolerance for residues in or on cotton and its food and feed commodities when used as a plant-incorporated protectant in accordance with the terms of Experimental Use Permit 264-EUP-143; expires on December 31, 2012 (September 10)
- Basic copper sulfate, carbaryl, rotenone, disulfoton, etc. -- requests by registrants to voluntarily cancel certain pesticide registrations (September 12)
- Benfluralin, carbaryl, diazinon, dicrotophos, etc. -- action to revoke, establish, or modify tolerances for residues in or on various commodities (September 10)
- Fludioxonil -- establishment of a tolerance for residues in or on various commodities (September 10)
- Hexythiazox -- amendments to the established tolerances for residues in or on citrus dried pulp; citrus oil; pome fruit, crop group 11; wet apple pomace; and meat byproducts of cattle, goat, horse, and sheep (September 10)
- Spiromesifen -- revised tolerances for residues of spiromesifen and its enol metabolite in or on corn (September 10)
EPA Provides Incentives for Clean Water Permit Fee Programs
EPA is issuing a new rule that will provide financial incentives for states to use fees when administering a clean water permit program. EPA can give up to a total of $5.1 million to states that have adequate permit fees for their National Pollutant Discharge Elimination System (NPDES) programs. This rule is designed to encourage states to voluntarily implement adequate fee programs and shift part of the financial burden to those who benefit from the permits. It will also allow states to move funds to other critical water quality program activities. The increased cost of administering water permit programs has already prompted some states to implement permit fee programs to cover some costs. A number of states, however, still operate with little or no reliance on permit fees. The permit fee incentive will be made available only if federal funding for state water pollution control programs is more than the fiscal year 2008 level. Therefore, state grants will not decrease as a result of this rulemaking. The rule will be in effect for the fiscal year 2009 grant cycle and beyond.
Pesticide Program Dialogue Committee Announces Public Meeting
EPA's Pesticide Program Dialogue Committee's Pesticide Registration Improvement Act (PRIA) Process Improvement Workgroup will hold its 11th public meeting on September 23, 2008, in Arlington, Virginia. The agenda will include recent process improvements to implement PRIA 2, such as electronic submission, application tools, and systems to track progress in meeting PRIA due dates and in registration review. The workgroup is developing advice and recommendations on topics related to EPA's registration and registration review processes.
Vermont Dairy Farmers Pay Consequences for Filling 41 Acres of Wetlands
The owners of a Richford, Vermont, farm will pay a significant penalty, restore damaged wetlands, and perform additional environmental projects under the terms of a settlement with EPA and the U.S. Dept. of Justice for converting 41 acres of wetlands to corn and hay production areas on their dairy farm. An EPA investigation concluded that the dairy farmers filled slightly more than 40 acres of wetlands between 1998 and 2002, during the course of expanding forage acres to support their dairy herd. The farmers did not seek or obtain environmental review of or permits for these actions, violating the federal Clean Water Act by illegally discharging dredged and fill material into approximately 41 acres of wetlands and a stream.
National Livestock and Poultry Environmental Learning Center September Newsletter and Webcast
The September edition of the National Livestock and Poultry Environmental Learning Center (LPELC) newsletter is available. Topics include: October Webcast: Physical, Chemical, and Biological Impacts of Manure on Soil; Feed Management Workshops Offered This Fall; Nutrient Management Planning Assistance Available for Livestock Producers; "Ask an Expert" Feature Available on LPE Website; and Livestock*A*Syst Risk Assessment Tool Available from Michigan State University. The next Webcast will be on September 19, 2008, continuing a series on the subject of air quality. The topic will be Hydrogen Sulfide: How Serious an Outdoor Air Quality Concern, featuring Dr. Larry Jacobson, University of Minnesota; Jim Sullivan, Minnesota Pollution Control Board; and Dr. Saqib Mukhtar, Texas AgriLife Extension.
EPA Orders Illinois Dairy To Stop Discharges, Apply for Permit
EPA Region 5 has ordered a dairy farm in Aviston, Illinois, to stop discharging stormwater and process wastewater, apply for a wastewater discharge permit, and come into compliance with the Clean Water Act. EPA found several violations of the Clean Water Act during a flyover and subsequent inspection of the dairy, and determined the need for a wastewater discharge permit and the installation of waste containment structures to prevent the discharge of process wastewater to Sugar Creek. Mondt Dairy Farm is a medium-sized confined animal feeding operation with a capacity for 350 cows.
EPA Issues Final Guidance for Registration of Anthrax-Related Pesticide Products
A new EPA Pesticide Registration Notice, "Antimicrobial Pesticide Products With Anthrax-Related Claims," provides guidance pertaining to applications for registration of antimicrobial products that would make labeling claims to inactivate Bacillus anthracis (anthrax) spores. This guidance should help the United States be prepared to respond to incidents involving anthrax spores by assuring that anthrax-related products are registered, that they bear appropriate labeling, and that they are effective when used as directed. In addition, this guidance will help protect public health from the potential risks of anthrax spores by limiting the use of anthrax-related products to those who are properly trained and determined to be competent in their use.
Registration Review Decision for Nosema locustae Available for Comment
EPA has released a proposed Registration Review Decision for the pesticide Nosema locustae (docket #EPA-HQ-OPP-2007-0997). Following public comment, the Agency will issue a final registration review decision for this case. Comments must be received on or before November 3, 2008.
EPA Continues to Meet Performance Measures for Pesticide Reregistration
EPA has published a Federal Register notice announcing its progress in meeting performance measures and goals for pesticide reregistration during fiscal year 2007. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about its annual achievements in this area. The report discusses the integration of tolerance reassessment with the reregistration process, and describes the status of various regulatory activities associated with reregistration and tolerance reassessment. It includes total numbers of chemicals and products reregistered, tolerances reassessed, data call-ins issued, and products registered under the "fast-track" provisions of FIFRA. The notice also contains the schedule for completion of activities for specific chemicals during fiscal year 2008.
Pesticide Registration Requests, Actions, and Tolerance Updates
- Bifenazate, clothianidin, ammonium salts of higher fatty acids -- petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities (September 5)
- Chlorantraniliprole -- establishment of time-limited tolerances for residues in or on various sweet corn commodities and in milk under an emergency exemption for control of corn earworm in Illinois and Minnesota; tolerances expire on December 31, 2011 (September 5)
- Linuron -- establishment of a time-limited tolerance for residues in or on lentils under an emergency exemption for control of prickly lettuce and mayweed chamomile in Idaho and Washington; tolerance expires on December 31, 2011 (September 5)
- Pyraflufen-ethyl -- establishment of permanent tolerances for residues in or on grass, forage, group 17 and grass, hay, group 17. Establishment of time-limited tolerances for milk; cattle, meat byproducts; goat, meat byproducts; horse, meat byproducts; and sheep, meat byproducts (tolerances expire on October 15, 2012). Revision of existing tolerances for soybean (forage and hay, and wheat (forage and hay). (September 5)
- Tebuconazole -- establishment of a tolerance for residues in or on pistachios (September 5)
- Uniconazole-P -- establishment of a tolerance for residues in or on vegetable, fruiting, group 8 (September 5)
- Z-7-tetradecen-2-one -- application to register a pesticide product containing a new active ingredient not included in any currently registered products (September 5)
EPA Seeks Nearly $1 Million From 99 Cents Only Stores for Pesticide Violations
EPA filed a complaint against 99 Cents Only Stores for the alleged sale and distribution of unregistered and misbranded pesticides in multiple stores operated by the company, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act. EPA is seeking $969,930 in civil penalties from 99 Cents Only Stores for selling two unregistered pesticides, "Bref Limpieza y Desinfeccion Total" and "Farmer’s Secret Berry & Produce Cleaner;" and a misbranded pesticide, "PIC Boric Acid Roach Killer II." Bref Limpieza y Desinfeccion Total was imported from Mexico and made claims in Spanish that it disinfects or sanitizes surfaces. Farmer’s Secret Berry & Produce Cleaner claimed that it "inhibits mold, fungus & bacteria including E. coli." Products that make surface disinfection or sanitizer claims are considered pesticides and must be registered under federal law. The third product, PIC Boric Acid Roach Killer II, had labels on eleven containers that were either inside out or upside down making them difficult to read.
EPA Will Discourage Cause Marketing and Third-Party Claims on Pesticide Labels
EPA is withdrawing its draft Pesticide Registration (PR) Notice entitled "Label Statements Regarding Third-Party Endorsements & Cause Marketing." The draft notice, issued for public comment in October 2007, described how the Agency would deal with proposed pesticide labeling statements and graphic material regarding third-party endorsements or a relationship between the pesticide registrant and a charity (cause marketing claims). After considering public comments on the draft, EPA has decided it is not appropriate to issue guidance on what information is needed to support such applications. Because cause marketing claims and third-party endorsements do not contribute meaningfully to improving protection of human health and the environment, and do not enhance users' understanding of how to use the product safely and effectively, the Agency does not wish to encourage these labeling additions. Therefore, EPA will continue to evaluate any such applications on a case-by-case basis.
EPA Requires Six Chino Dairies To Protect Water from Manure Waste
EPA is ordering Brothers Three Dairy, Quality Dairy, Jorritsma and Anema Dairy, Martin Vander Laan Dairy, TLC Sonlight Dairy #2 and Goyenetche Dairy #2, to comply with California Regional Water Quality Control Board permit requirements requiring that dairies prevent runoff or discharge from their operations to nearby waterways, such as the Santa Ana River. In April 2008, EPA and California Regional Water Quality Control Board personnel inspected the Chino-area dairies, discovering violations which included failure to properly construct and maintain containment structures; failure to develop and/or implement proper engineered waste management plans; failure to conduct proper routine inspections of their facility; and failure to properly monitor and report to the California Regional Water Board.
EPA Fines Pesticide Distributor for Pesticide Violations
EPA has fined Bug Stop Pest Control $500 for allegedly producing an over-formulated pesticide at an unregistered establishment, violations of the Federal Insecticide, Fungicide, and Rodenticide Act. The violations were discovered as a result of an inspection performed by the Arizona Department of Agriculture in March 2007. Bug Stop voluntarily pulled the product from the shelves following notification of the lab analysis results indicating over-formulation.
Tobacco Company To Pay $65,000 for Pesticide Misuse and Alleged Worker Safety Violations
Vector Tobacco Inc. was recently fined $65,040 for allegedly misusing six pesticides and failing to comply with federal pesticide worker safety laws. The company allegedly misused the pesticides Terramaster 4EC, Nemacur 3, Lorsban 4E, Prowl 3.3EC, Devrinol 50DF, and Ridomil Gold EC during their application at an agricultural research facility in Kekaha, Kauai, in 2005 and 2006. On 93 occasions, Vector Tobacco failed to follow label directions intended to protect workers from exposure to pesticides, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act. The Hawaii Department of Agriculture discovered the violations during inspections performed in March and June of 2006. Worker complaints triggered the initial investigation. Since the inspections, Vector Tobacco has shut down the Kekaha facility.
EPA Settles With Registered Pesticide Producer, Protects Public from Mislabeled Product
EPA has settled with Westbridge Agricultural Products of Vista, Calif., for $23,400 for allegedly distributing a pesticide that lacked important safety information and directions for use. Through an inspection in December 2007, EPA determined that the company distributed “Soil Triggrr” using pesticide labels not currently accepted by the EPA, which failed to list proper first aid and human hazards. Producers, sellers, and distributors must ensure that pesticides are labeled with an EPA Registration Number, an EPA Establishment Number that identifies the production facility, information concerning the producer, directions for use, and other safety information necessary to protect consumers and the environment.
EPA Acts To Protect Horses and Owners from Unregistered Pesticides
EPA has fined Eqyss International Inc., a Vista, Calif., retailer of horse care supplies, $72,000 for distributing four unregistered pesticides in violation of federal pesticide law. The illegal products included Marigold Spray and Marigold Mist, two products intended to repel flies from horses; Anti-Microbial Wrap and Blanket Wash, a product intended to kill germs and bacteria on tack and bedding for horses; and McNasty Anti-Chewing Spray, a product intended to prevent unwanted chewing by horses. Manufacturers who claim their products prevent, destroy or repel any pest must register the products as pesticides with EPA. The Agency will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used according to the directions.
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