Pesticide Registrations and Actions
Other Actions
- On November 22, the EPA issued a regulation stating that the application of a pesticide in compliance with relevant requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not require a National Pollutant Discharge Elimination System (NPDES) permit in two specific circumstances. The first circumstance is when the application of the pesticide is made directly to waters of the United States to control pests that are present in the water. The second circumstance is when the application of the pesticide is made to control pests that are over, including
near, waters of the United States. This rulemaking is based on the Agency's interpretation of the definition of the term “pollutant” under the Clean Water Act (CWA) as not including such pesticides. This final rulemaking replaces EPA's previously published Interim and Final Interpretive Statements on the Application of Pesticides to Waters of the United States in Compliance with FIFRA. EPA's Interpretive Statement, published February 1, 2005, described the Agency's interpretation of the CWA with regard to the application of pesticides regulated under FIFRA that are applied to or over, including near, waters of the United States. On August 13, 2003, EPA provided public notice of and solicited public comment on an Interim Statement and incorporated that input into the Interpretive Statement. On February 1, 2005, EPA published the Interpretive Statement and proposed to codify its substance in EPA's NPDES regulations and solicited comment on that proposed action. The final rule is the result of this process. (Federal Register, 11/22/06). - As for the future of carbofuran, FMC is committed to undertaking studies to address EPA concerns. Dietary, worker exposure, and environmental concerns have been expressed in the reregistration decision. For Florida, foliar uses include sugarcane, which would be immediately lost, while the granular uses in cucurbits would not be banned until 2010. (FMC, 11/28/06).
- As of September 7, the Florida Tomato Exchange (FTE) voted to immediately implement the Tomato Good Agricultural Practices (T-GAP) and Tomato Best Management Practices
(T-BMP) for the fresh tomato industry in Florida. Prohibition of field packing without a microbial reduction treatment will be delayed until the fall of 2007. The regulations address harvesting and packing considerations, record keeping, and assistance. Call the FTE to get a copy at (407) 660-1949. (FTE Announcement, October, 2006).
- At the 18th Meeting of the Parties to the Montreal Protocol in New Delhi, India, the United States was authorized 91 percent (5,360 tons) of its request for critical use allocations of the soil fumigant methyl bromide for the year 2008. The amount authorized at the meeting represents 21 percent of the U.S.'s 1991 baseline consumption (U.S. baseline is 25,528 metric tons). Some 18 percent of baseline (4,595 metric tons) will be authorized new production and import, and the remainder will come from pre-phaseout inventories. EPA will allocate these quantities to users with critical needs through the notice-and-comment rulemaking process. As methyl bromide alternatives have been adopted and uses scaled back, the quantity of the critical use exemption in the United States has decreased steadily - from 9,553 metric tons for 2005 to 8,082 metric tons for 2006 and 6,749 metric tons for 2007. The authorization for 2008 continues the downward trend. The level of pre-phaseout inventory has also continued to decrease - from approximately 16,422 metric tons in 2003 to 12,994 metric tons in 2004 and 9,975 metric tons last year. (Pesticide & Toxic Chemical News, 11/13/06).
- The EPA is requesting public comment on the Agency's human health and ecological risk assessments for chloropicrin, a non-selective, pre-plant soil fumigant used in the production of high-value crops. EPA is concurrently assessing the risks of five soil fumigant pesticides, including chloropicrin, to ensure that its assessment approaches are consistent and to ensure that risk trade-offs and economic outcomes can be adequately predicted in reaching risk
management decisions. In issuing the chloropicrin risk assessment for public comment, EPA seeks to increase its understanding of chloropicrin use methods and practices. Comments addressing any or all of the 27 questions set forth in the Agency's November 29, 2006, Federal Register notice http://www.regulations.gov in Docket #EPA-HQ-OPP-2006-0661 will be especially useful. The docket is open until 1/29/07. Please contact the PIO if assistance is needed accessing the docket. (EPA OPP Update, 12/1/06).
- EPA has issued its decision to phase out the remaining uses of the organophosphate insecticide azinphos-methyl (Guthion®) over the next several years. Under the agreement, Brussels sprouts and nursery stock will be phased out by September 30, 2007; almonds, pistachios and walnuts by October 30, 2009; and apples, blueberries, cherries, parsley, and pears by September 30, 2012. All other uses of AZM have been voluntarily canceled by the registrants. EPA consulted extensively with stakeholders and carefully considered both the risks and benefits of AZM in developing this plan. The Agency expects growers to successfully adapt and make the transition to available safer alternative pesticides, including acetamiprid, lambda-cyhalothrin, methoxyfenozide, novaluron, tebufenozide, thiacloprid, and thiamethoxam. Additionally, registrants will develop training materials in both English and Spanish that are designed to educate workers regarding (1) work practices that can reduce exposure to AZM; (2) the recognition of symptoms associated with cholinesterase inhibition; and (3) how to seek medical attention in the event that workers experience such symptoms. These materials will include a description of how, and by whom, the training will be conducted. (EPA email of 11/28/06).
- The USDA’s Animal and Plant Health Inspection Service (APHIS) is hosting an electronic public discussion on methods that can be used to evaluate the potential of imported plants to become invasive species if they are introduced into the United States. Any interested person can register for the electronic discussion, which will allow participants to upload files and interact with other participants and with APHIS staff. The electronic public discussion will be held from November 27, 2006 to January 26, 2007. (Federal Register, 11/13/06).
