The European Union (EU) voted April 29, 2013, on a proposal to restrict the use of three neonicotinoid substances for agricultural uses. The substances are clothianidin, imidacloprid, and thiamethoxam. The proposal failed to gain sufficient support from the 27 EU Member States Appeal Committee and was passed to the European Commission (EC), which has confirmed that the proposal will be adopted in the coming weeks. Restriction upon the agricultural use of the three neonicotinoid substances...
May 7, 2013
State FIFRA Issues Research and Evaluation Group Convenes Semi-Annual Full Committee Meetings
On April 22-23, 2013, the Association of American Pesticide Control Officials (AAPCO)/State Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Issues Research and Evaluation Group (SFIREG) Pesticide Operations Management (POM) Working Committee (WC) held its semi-annual full committee meeting in U.S. Environmental Protection Agency (EPA) offices in Crystal City, Virginia. Through a cooperative agreement in 1978, EPA and AAPCO created SFIREG, an AAPCO committee with EPA funding, to...
In a widely anticipated and potentially influential report released on April 30, 2013, a committee of the National Research Council of the National Academy of Sciences (NAS) made detailed recommendations concerning potential revisions to the process by which the U.S. Environmental Protection Agency (EPA) and the Fish and Wildlife Service or the National Marine Fisheries Service (the Services) assess risk during consultation under Section 7(a)(2) of the Endangered Species Act (ESA) for specific...
On April 29, 2013, the U.S. Government Accountability Office (GAO) released a report entitled Toxic Substances: EPA Has Increased Efforts to Assess and Control Chemicals but Could Strengthen Its Approach, which provides the results of a performance audit conducted by GAO from December 2011 to March 2013. GAO reviewed the extent to which: (1) the U.S. Environmental Protection Agency (EPA) has made progress implementing its new approach for managing toxic chemicals with the goal of ensuring...
As reported in our April 11, 2013, memorandum, on April 10, 2013, Senator Frank R. Lautenberg (D-NJ) reintroduced the Safe Chemicals Act of 2013 (S. 696) (SCA 2013), which would reform the Toxic Substances Control Act (TSCA). Senator Lautenberg’s press release noted that the bill is identical to the Safe Chemicals Act of 2011 (S. 847) (SCA 2011), which was reported favorably out of the Senate Environment and Public Works (EPW) Committee on a party-line...
The European Commission (EC) published Regulation 348/2013 on April 17, 2013, that adds eight substances to Annex XIV of EU Regulation 1907/2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), commonly referred to as the Authorization List. The notice can be found online. The substances are: Chemical Name CAS Number EC Number Last Application Date Sunset Date Trichloroethylene 79-01-6 201-167-4 October 21, 2014 April 21, 2016 Chromium trioxide 1333-82-0...
In a decision with enormous implications for pesticide registrants, on April 22, 2013, the U.S. District Court for the Northern District of California dismissed a complaint in Center for Biological Diversity, et al. v. EPA, a case often referred to as the “Mega-ESA” case. In this suit, the plaintiffs asserted that the U.S. Environmental Protection Agency (EPA) improperly failed to initiate or to reinitiate consultation under Endangered Species Act (ESA) Section 7(a)(2) for 382...
On April 18, 2013, the U.S. Environmental Protection Agency (EPA) proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for eight chemical substances that were the subject of premanufacture notices (PMN) P-11-327, P-11-328, P-11-329, P-11-330, P-11-331, P-11-332, P-12-298, and P-12-299, the first six of which are renewable, biobased chemical substances manufactured by KiOR, Inc. This memorandum explains why the proposed SNURs for the biobased chemical...
On April 17, 2013, the United Kingdom’s (UK) Department for Business, Innovation and Skills launched a public consultation on the implementation of the recast Waste Electrical and Electronic Equipment (WEEE) Directive. The consultation focuses on how the government should amend the existing WEEE regulations to ensure compliance with the recast WEEE Directive published on July 24, 2012, and on how to respond to concerns from UK producers of electrical and electronic equipment under the...
In its April 30, 2012, publication, FY 2013 Office of Enforcement and Compliance Assurance (OECA) National Program Manager (NPM) Guidance, OECA discusses its enforcement objectives and program priorities for fiscal year (FY) 2013. In discussing notable changes for FY 2013 from FY 2012, OECA lists budget challenges and states that it must cut resources in certain areas: “Anticipating tight budgets in FY 2013 and beyond, EPA’s enforcement program needs to focus its limited...