NMFS Seeks Regulatory Reform Comments on ESA Pesticide Consultation Process

In accordance with several recently issued Presidential Executive Orders, the U.S. National Marine Fisheries Service seeks public comment on identifying existing regulations that: eliminate jobs, or inhibit job creation; are outdated, unnecessary, or ineffective; impose costs that exceed benefits; create a serious inconsistency or interfere with regulatory reform initiatives and policies; are inconsistent with the requirements of the Information quality Act; and/or derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified. NMFS also seeks public comment on the efficiency and effectiveness of current regulatory processes, and specifically, if current regulatory processes can be further streamlined or expedited in a manner consistent with applicable law.

EPA Announces PBPK SAP

EPA recently posted the following announcement:

“EPA Announces FIFRA Science Advisory Panel Meeting on PBPK and Asks for Nominations for Panel Members

On June 6, 2017, the EPA published a Federal Register Notice (EPA-HQ-OPP-2017-0180) for both the meeting and seeking nominees to serve as ad hoc expert members of the FIFRA SAP on physiologically based pharmacokinetic (PBPK) modeling at www.regulations.gov.

The FIFRA SAP serves as the primary scientific peer review mechanism of EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) and is structured to provide scientific advice, information, and recommendations to the EPA Administrator on pesticides and pesticide-related issues as to the impact of regulatory actions on health and the environment.

NMFS Seeks Comment on Proposed Changes to Listing and Recovery Priority Guidelines

The U.S. National Marine Fisheries Service has proposed revisions to its Recovery Plan Preparation and Implementation Priorities and Recovery Plans contained in the 1990 Listing and Recovery Priority Guidelines.

NMFS propose to revise the guidelines to better prioritize limited agency resources to advance the recovery of threatened and endangered species guided by the immediacy of the species’ overall extinction risk, extent of information regarding major threats, and certainty that management or protective actions can be implemented successfully.

NMFS is not proposing changes to the Listing, Reclassification, and Delisting Priorities contained in the 1990 Listing and Recovery Priority Guidelines.

EPA Delays Effective Date of Applicator Certification Rule

On January 4, 2017, EPA published a final rule revising the regulation concerning the certification of applicators of restricted use pesticides . The original effective date of March 6, 2017 was extended to March 21, 2017 by rule issued January 26, 2017, and subsequently extended to May 22, 2017 by rule issued March 20, 2017.

In accordance with the Presidential directives as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review,’’ and the principles identified in the April 25, 2017 Executive Order ‘‘Promoting Agriculture and Rural Prosperity in America,’’ EPA solicited public comments on May 15, 2017 about a possible further delay of the effective date of the January 4, 2017 revisions to the Certification of Pesticide Applicators rule until May 22, 2018.

CRE Comments on Application of Executive Order 13777 to EPA and the Services’ New ESA Pesticide Consultation Procedures and Practice Requirements.

On March 11, 2017, the Center for Regulatory Effectiveness filed comments on EPA’s Request for Input on Regulations That May Be Appropriate for Repeal, Replacement, or Modification In Accordance with Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” 82 FR 17793 (April 13, 2017), here.

CRE’s comments included the following introductory section (footnotes omitted):

“The Environmental Protection Agency (“EPA”), the Fish and Wildlife Service (“FWS”), and the National Oceanic and Atmospheric Administration/National Marine Fisheries Service (“NOAA/NMFS”) are working together to develop new procedures and practice requirements for consulting on all pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) and the Endangered Species Act (“ESA”).

Meeting on Regulatory Reform Agenda for Pesticides

In accordance with Executive Order 13777, EPA is seeking public input on regulatory actions that may be appropriate for repeal, replacement or modification. As part of that process, the Office of Pesticide Programs is announcing a public meeting from 8:30 to 11:30 pm ET, on the second day of the Pesticide Program Dialogue Committee meeting (May 4, 2017), to receive feedback on regulatory reform from a wide variety of stakeholders.

This meeting will be held at 2777 South Crystal Drive, Arlington, VA. The registration deadline is Thursday April 27, May 4, 2017.

Click here for more details.

EPA Denies Petition to Revoke Chlorpyrifos Tolerances

EPA recently posted the following article on the Agency’s Pesticide website:

“In this Order, EPA denies a petition requesting that EPA revoke all tolerances for the pesticide chlorpyrifos under section 408(d) of the Federal Food, Drug, and Cosmetic Act and cancel all chlorpyrifos registrations under the Federal Insecticide, Fungicide and Rodenticide Act. The petition was filed in September 2007 by the Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC).


Order Denying Petition to Revoke All Tolerances for the Pesticide Chlorpyrifos (PDF)(45 pp, 4 MB, March 2017)”

Click here to read the entire article.

Nominations to the Pesticide Program Dialogue Committee Open until April 21, 2017

EPA’s Office of Pesticide Programs posted the following notice on its website:

“EPA’s Office of Pesticide Programs is currently accepting nominations for the Pesticide Program Dialogue Committee (PPDC). A federal advisory committee, PPDC provides advice and recommendations to the EPA on issues associated with pesticide regulatory development and reform initiatives, evolving public policy and program implementation issues, and science issues associated with evaluating and reducing risks from the use of pesticides.

NAS Low Dose Toxicity Project Nearing Completion

The National Academy of Sciences is conducting an EPA-sponsored review that could relate to EPA pesticide toxicity assessments. The title of this NAS project is: Unraveling Low Dose Toxicity: Case Studies of Systematic Review of Evidence.  It has the following “Project Scope”:

TPPC Meets

EPA recently published the following notice on the agency’s pesticides website:

“The Tribal Pesticide Program Council (TPPC) will hold its next semiannual meeting on March 8 and 9, 2017, from 8:30 a.m. to 5:00 p.m. (Eastern Standard Time) in Crystal City, Virginia, at One Potomac Yard, Room S4370/80, and on March 10 from 8:30 to 11:30 a.m. in Room S7100. Tentative agenda topics include a discussion on the status of the pesticides in Indian Country report, a presentation on the FIFRA statute, and discussions on the following:

  • EPA’s draft Bed Bug Outreach Plan for tribes;