Proposed Rules On Disclosure Of Inert Pesticide Ingredients

In response to two petitions under the Administrative Procedures Act seeking disclosure of selected inert ingredients on pesticide labels, EPA is initiating rulemaking to increase public availability of the identities of the inert ingredients in pesticide products.

The proposed rulemaking would be intended to assist consumers and users of pesticides in making informed decisions and reduce the presence of potentially hazardous ingredients in pesticides. In an advance notice of proposed rulemaking issued on December 23, 2009, EPA sought public comment on a variety of approaches under consideration, including disclosure based on hazard and broader disclosure of inert ingredient identities.

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EPA - California Environmental Justice Agreement Concerning Methyl Bromide Use

U.S. EPA has entering into an agreement with the California Department of Pesticide Regulation (CDPR) to resolve a civil rights complaint filed in 1999 under Title VI of the Civil Rights Act of 1964 (Title VI). Title VI prohibits intentional discrimination and discriminatory effects on the basis of race, color, and national origin by recipients of federal financial assistance. The complaint alleged that CDPR’s annual renewal of the registration of methyl bromide in 1999 discriminated against Latino school children based on the health impacts of this pesticide. The Office of Civil Rights’ analysis of pesticide use in California from 1995 to 2001, raised concerns that there was an unintentional adverse and disparate impact on Latino children resulting from the use of methyl bromide during that period. This concern was based on the high percentage of Latino children in schools near fields where methyl bromide was applied for the period from 1995-2001. EPA communicated its concerns to CDPR on April 22, 2011.

CDPR has agreed through this Agreement to expand on-going monitoring of methyl bromide air concentrations by adding a monitor at or near one of the Watsonville, CA area schools named in the original complaint. The purpose of the additional monitor is to confirm that there will be no recurrence of earlier conditions. CDPR will share the monitoring results with EPA and the public and will also increase its community outreach and education efforts to schools that are in high methyl bromide usage areas.

California is one of the few states with a program to evaluate and register pesticides for state use beyond national requirements. Since 2001, EPA and the State of California have implemented regulations that address methyl bromide exposure levels. In its 2009 Re-registration, EPA required additional mitigation measures for use of methyl bromide nationwide, including in California. In issuing the Amended Re-registration Eligibility Decision (RED) for methyl bromide in 2009, EPA determined under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Food Quality Protection Act (FQPA) that there is a reasonable certainty of no harm from dietary and all other non-occupational exposures from methyl bromide in the general public when it is used in accordance with its labeling directions. To confirm the effectiveness of these mitigation measures and that exposure levels in communities remain below the Agency’s level of concern, EPA has required the manufacturers of methyl bromide to conduct ambient air monitoring studies in major use areas including California and Florida.

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EPA To Review Nanoscale Materials In Pesticides

The U.S. Environmental Protection Agency has announced plans to obtain information on nanoscale materials in pesticide products. EPA will gather information on what nanoscale materials are present in pesticide products to determine whether the registration of a pesticide may cause unreasonable adverse effects on the environment and human health.

A number of organizations, as well as government, academic and private sector scientists, have considered whether the small size of nanoscale materials or the unique or enhanced properties of nanoscale materials may, under specific conditions, pose new or increased hazards to humans and the environment. EPA also has acknowledged that nanoscale materials have a range of potentially beneficial public and commercial applications, including pest control products.

The new proposed policy options will be published in the Federal Register. The notice is expected to also propose a new approach for how EPA will determine whether a nanoscale ingredient is a “new” active or inert ingredient for purposes of scientific evaluation under the pesticide laws, when an identical, non-nanoscale form of the nanoscale ingredient is already registered under FIFRA.

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EPA Ban On Sale of Mouse and Rat Poisons To Residential Consumers

The U.S. Environmental Protection Agency has announced that it intends to ban the sale to residential consumers of the most toxic rat and mouse poisons, as well as most loose bait and pellet products. The agency is also requiring that all newly registered rat and mouse poisons marketed to residential consumers be enclosed in bait stations that render the pesticide inaccessible to children and pets and reduce the opportunity that wildlife consume bait or poisoned rodents.

In 2008, EPA gave producers of rat and mouse poison until June 4, 2011 to research, develop and register new products that would be safer for children, pets and wildlife. Over the past three years, EPA has worked with a number of companies to achieve that goal, and there are now new products on the market with new bait delivery systems and less toxic baits. These products are considered to be safer to children, as well as pets and wildlife, but still provide effective rodent control for residential consumers.

While many companies that produce rat and mouse poison products have agreed to adopt the new safety measures, a handful of companies have advised EPA that they do not plan to do so. Consequently, EPA intends to initiate cancellation proceedings under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to remove them from the market:

In addition to requiring more-protective bait stations and prohibiting pellet formulations, EPA intends to ban the sale and distribution of rodenticide products containing brodifacoum, bromadiolone, difethialone and difenacoum directly to residential consumers because of their toxicity and the secondary poisoning hazards to wildlife. These rodenticides will still be available for use by professional pest control applicators and will also be allowed for use in agricultural settings.

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