United States
Environmental Protection
Agency
Prevention, Pesticides
And Toxic Substances
(7501W)
EPA733-N-97-OO1
March 1997
&EPA PEST SMART UPDA TE
EPA's Pesticide Environmental Stewardship Program #5
ADMINISTRATOR BROWNER
AWARDS
PESP CHARTER PARTNERS
The Pesticide Environmental Stewardship Program
(PESP) held it's first workshop, "Making A
Difference...The Next Steps", on November 18 & 19 at
the Doubletree Hotel in Crystal City. The highlight of
the workshop was the Awards Luncheon on Monday,
November 18. Administrator Carol M. Browner and
Assistant Administrator for Pesticides, Pollution
Prevention and Toxics, Lynn R. Goldman, MD,
addressed the audience and presented plaques to the
PESP Charter Partners. In attendance were PESP
Partners and Supporters and their EPA Liaisons.
Charter Partner plaques were presented to the American
Corn Growers Association; American Electric Power
[Administrator Browner (left) and Assistant Administrator Goldman
(right) receiving PESP mug from Janet Andersen (center); Director
ofBiopestiddes and Pollution Prevention Division.]
Service Corporation; California Pear Advisory
Board; Carolina Power & Light; Delmarva Power;
Duke Power; National Potato Council; New York
State Gas & Electric; Pennsylvania Electric;
Pennsylvania Power & Light; Pennsylvania Rural
Electric Association; U.S. Apple Association; VA,
MD & DE Association of Electric Cooperatives; and
Wisconsin Public Service Corporation. [The
organizations listed hi bold type had representatives hi
attendance to accept their award.] The PESP
Management Team also presented PESP mugs to
Administrator Browner and Assistant Administrator
Goldman in appreciation for then- support of the
Stewardship Program.
During the workshop, four concurrent breakout sessions
were held. The following issues were addressed:
• Food Quality Protection Act
• Stewardship Strategies
• PESP Grants
• Measuring and Monitoring
"I have been pleased to see the
progress of utility companies
pursuing integrated pest
management to control weeds on
their property, federal agencies such
as the Department of Defense
committing to a 50 percent reduction
of pesticide use, and the golf course
associations educating their
members about how to reduce
pesticide risk and pesticide use."
Carol M. Browner, EPA Administrator
The Partners and Supporters were accompanied by then-
Liaisons to all of the sessions. The workshop was a
success according to many of the participants, who
provided such comments as "Excellent, worthwhile,
educational, informative workshop which should be held
annually;" "Getting to know EPA and other industry
people was very valuable;" and "It is good to gather
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PEST SMART UPDATE #5
Liaisons together with their Partners more often to keep
the energy levels high."
Workshop Proceedings were mailed in March to all
Partners, Supporters, and other attendees. If you are
interested in receiving a copy of the proceedings, please
contact the National Foundation for IPM Education at
512-834-8762.
FOCUS ON:
REGULATORY DECISIONS
IN BPPD
PESP ANNOUNCES NEW
PARTNERS/SUPPORTERS
Congratulations to the following organizations who have
shown a genuine interest in promoting environmental
stewardship by making a commitment as Partners in the
Pesticide Environmental Stewardship Program.
American Association of Nurserymen
Environ "Pest Elimination" Inc.
Global Integrated Pest Management
Lodi-Woodbridge Wine Grape Commission
Ne\v Orleans Mosquito Control Board
Ne\v York Berry Growers Association
Pacific Coast Producers
Redi National Pest Elimination
Reliable Pest Control
Sanitary Exterminating
South Texas Cotton and Grain Association, Inc.
Sun-Maid Growers of California
U.S. Public Health Service-Centers for Disease Control
Winter Pear Control Committee
Wisconsin Ginseng Growers Association
We also welcome the International Pest Management
Institute and the Association of Applied Insect Ecologists
as new PESP Supporters.
EPA has registered six new biological pesticides in the
first quarter of Fiscal Year 1997, which ended
December 31, 1996. The new pesticides are aimed at
controlling a wide variety of pests including
cockroaches, plant diseases, borers, nematodes, aphids
and other insects. These registrations reflect growing
trends toward greater reliance on biological pesticides.
Biopesticides are generally considered safer than
conventional pesticides because they are often more
specific to the target pests and pose little or no risk to
other organisms. They also are valuable tools in
integrated pest management programs. The following is
a description of the new products:
Woodstream Corp. of Lititz, PA, was granted a
registration for a pheromone (trade name: German
Cockroach Pheromone) to control German cockroaches.
It is used in boric acid bait stations as a cockroach
attractant. Boric acid, on the body of the cockroach,
causes dehydration and death. It is approved for
indoor, non-food areas of homes, restaurants, health
care facilities, educational institutions, factories,
garages, transportation and recreational vehicles, zoos,
kennels, utilities and sewers.
Agridyne Technologies of Columbia, MD, will produce
dihydroazadirachtin (trade name: DAZA), a
hydrogenated form of the naturally
occurring azadirachtin obtained from
the seeds of the neem tree, which is
native to India and Burma. It was
approved for use indoors against
numerous pests including ants, aphids,
beetles, caterpillars, crickets, sawfiies,
whiteflies, centipedes, and sowbugs. Outdoors, it is
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PEST SMART UPDATE #5
approved for use on bedding plants, flowers, potted
plants, foliage plants, plants grown hydroponically,
ornamentals, trees, shrubs, turfgrass, fiber crops,
forage and fodder crops.
Stine Microbial Products of Adel, IA was granted
registration for Burkholderia cepacia isolate (trade
name: Blue Circle) as a fungicide for controlling
damping-off disease on the roots of vegetables, fruits,
nuts, vine crops, spices, ornamentals, greenhouse
crops, turfgrasses, flowers, bulbs and field crops. It
may be applied through irrigation systems, by drenching
roots of seedlings, or by incorporating into seedbeds at
planting.
Monsanto Co. of St. Louis, MO was granted final
registration for Bacillus thuringiensis CryIA(b) delta-
endotoxin and the genetic material necessary for its
production in corn (trade name: YieldGard), a plant-
pesticide for controlling or suppressing the European
corn borer, the Southwestern corn borer and the corn
earworm. EPA has limited annual use to 100,000 acres
in southern states. In addition, the acreage may not
exceed five percent of the corn planted in any county
with more than 1,000 acres of cotton. These limitations
were imposed to mitigate the risk of corn earworm, a
pest of corn, cotton, and other southern crops,
developing resistance to Bt CrylA.
Ciba-Geigy Corp. of Greensboro, NC was granted
registration for Bacillus thuringiensis kurstald strain M-
200 (trade name: Able) for
controlling lepidopterous (larval
moths and butterflies) pests in
tree fruits, terrestrial small fruits
and vegetables, tree nuts, alfalfa,'
corn, cotton, soybeans, peanuts,
herbs and spices and cranberries.
It may be applied aerially or by ground equipment.
Ecogen Inc. of Longhorne, PA was granted registration
for Bacillus thuringiensis kurstaki strain EG7826 (trade
name: Lepinox) for controlling lepidopterous pests of
numerous terrestrial food crops, ornamental plants, turf,
nursery stock, shade trees and forests. It may be
applied aerially or by ground equipment. The Bt in
Lepinox has been genetically modified to produce an
additional delta endotoxin.
PARTNER & SUPPORTER
GRANT AWARDS
On February 28th, the National Foundation for
Integrated Pest Management Education awarded thirteen
grants to PESP Partners and
Supporters. The projects listed
below involve IPM research,
education and/or training. IPM is a
sustainable approach to managing
pests by combining biological,
cultural, physical and chemical tools in a way that
minimizes economic, health and environmental risks.
The following projects were funded:
• New York Berry Growers Association:
Development and Implementation of IPM
Marketing;
• Sun-Maid Growers of California: Alternatives in
Preemergent Herbicides;
• Monroe County Schools: Implementation of IPM in
Indiana Schools;
• Gerber Food Products: Mating Disruption of
Oriental Fruit Moth;
• Fann*A*Syst/Home*A*Syst: Environmental Risk
Assessments for Corn & Potato Pest Management;
• NE Vegetable & Berry Growers Association:
Quantitative Pesticide Use Assessment;
• Oregon Wheat Growers League: Reducing Non-
Target Risk from Pesticide Drift Through Grower
Education;
• Bay Area Stormwater Management Association:
IPM Demonstration Garden;
• Wisconsin Ginseng Growers: Disease Management
Development;
• Winter Pear Control Committee: IPM Adoption hi
Pacific NW Pear Orchards;
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PEST SMART UPDATE#5
• Glades Crop Care: IPM Adoption in Florida; and
• California Table Grape Commission: Grape IPM
Web Site.
PESP PARTNER/SUPPORTER
NOTES
by Rocky Lurufy, MIRC
The Mint Industry Research Council (MIRC) is a non-
profit organization which represents the U.S. mint oil
industry. It is comprised of mint growers, oil dealers,
and major end users. There are approximately 150,000
acres of mint (80 percent peppermint, 20 percent
spearmint) grown in the U.S. each year.
Annual sales of mint oil are
approximately 11 million pounds (8
peppermint, 3 spearmint), worth a farm
gate value of over $150 million. This
translates into a $4 billion domestic
market and represents over 70 percent
of the world's peppermint and spearmint supply. These
11 million pounds of mint oil are used mainly as
flavoring. The percentage of oil used in mint-flavored
products ranges from 1-10 percent. The majority (90
percent) of the mint oil produced is used for flavoring
chewing gum and toothpaste with lesser amounts used in
the confectionery, pharmaceutical, and liqueur-flavoring
trades. One barrel of mint oil (55 gal.) weighs 400
pounds and can be used to flavor 5,200,000 sticks of
chewing gum or up to 400,000 tubes of toothpaste.
The MIRC became aware and involved in EPA's
Pesticide Environmental Stewardship Program in 1995.
The reasons MIRC became a PESP Partner are
numerous. One reason, of major importance to the
industry, was strengthening and improving relationships
with the EPA. PESP provides its Partners with an
avenue and platform for effectively communicating
important pesticide and food safety issues. The
appointment of EPA Liaisons ensures these lines of
communication remain open. The MIRC is also
committed and dedicated to the implementation of
integrated pest management (IPM) and an overall
reduction hi pesticide use. The MIRC invests a large
portion of it's annual budget into IPM and alternative
pest control research. This investment, over the last
several decades, has paid for a solid IPM foundation
from which to build and expand.
PESP provides the mint industry an opportunity to
collectively exchange new ideas and information with
EPA and other Partners. The objectives of PESP
parallel the goals of the MIRC: implementation of
IPM; reduction of conventional pesticide use; and
registration of new, safer pesticides.
The MIRC believes that dedicated research, including
economic feasibility, and the dissemination of
information through education, are quintessential to
successfully accomplishing these goals. The mint
industry was awarded a $30,000 grant to assist with the
production and distribution of educational materials
which illustrate the benefits of using certified planting
material and biological pest control.
In addition to research on the biological control of
weeds, nematodes, and insects, the MIRC is currently
funding IPM-related and non-chemical (cultural) pest
control studies. Other ongoing data collection projects
include pesticide benefit and risk assessments, pest and
pesticide use surveys, herbicide resistance management,
and compilation studies. Industry agronomists are also
rearing predator mites for mint IPM programs and
screening all pesticides registered in mint, present and
future, for their, effects on beneficials and the
environment.
To be active in research, education, pesticide surveys,
IPM, and other PESP-related activities consumes a
considerable amount of what is already a limited
amount of tune and resources from a commodity or
pesticide user group. The mint industry is fortunate to
have a membership dedicated to accomplishing PESP
goals and objectives. Regardless of commodity or
pesticide user group size and/or resources, the only
requirement of PESP is that a Partner do their part to
accomplish then: goals.
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PEST SMART UPDATE #5
There are many obstacles and barriers in the "real
world." These obstacles and barriers are social and
economic in nature and, at times, seem insurmountable.
There are no easy solutions to many of them.
Philosophies and attitudes towards IPM and pesticide
use reduction must evolve. This change includes the
research community. Research should also show when
not to spray. Solutions to these complex problems
require multi-year, in-depth, interdisciplinary, and
systematically-approached studies. Biotechnology may
offer solutions to many of these complex problems and
issues. By working together as partners, we can take a
concept and make it a reality.
LIAISON NOTES
One of the greatest benefits of being a PESP Partner or
Supporter is having an EPA Liaison. Liaisons are
linked with the Partners/Supporters after they join
PESP. The Liaisons work with their Partner/Supporter
in developing an environmental stewardship strategy
and/or a project working towards risk reduction. Being
a Liaison provides an excellent opportunity for learning.
This column will feature experiences from our Liaisons
who represent our Partners and Supporters hi PESP.
Jim Boland, Liaison to the Cranberry Institute
They're "bogs" in Massachusetts and New Jersey,
"marshes " in Wisconsin, and "fields" hi the Pacific
northwest. All are names for the places cranberries are
grown. It just depends on where
one happens to be when you are
talking with growers about this
uniquely American crop! There
are only 30,000 acres of
cranberry hi the U.S. Water is essential to the
successful cultivation of cranberry, it takes about 6-7
acre feet of water to support 1 acre of cranberry. They
are not grown in water. They can be dry harvested like
other crops, but the modern practice is to flood the
field, causing the fruit to float, where it can be gently
beaten off the vine and corralled (using a flotation collar
adopted from oil spill containment technology) and
lifted into trucks for transport to either a storage or
processing facility.
I am the Stewardship Program Liaison to the
Cranberry Institute. As such, I have been fortunate to
have the opportunity to see how cranberries are grown
and processed. I also had the opportunity to visit with
growers hi New Jersey, Wisconsin and Massachusetts.
All took tune from their busy schedules to ensure my
thorough education in the agriculture of cranberry
production was balanced and complete. Cranberry is
indeed a minor crop hi every respect. As such, growers
face some unique challenges hi production (urban
encroachment; wetlands issues) and pest management
(registration, IPM). Hopefully, some of these issues
can be addressed through the PESP partnership by
fostering open communication and responsiveness to
commodity needs.
I think one of the most memorable instances I had with
this commodity was during a harvest tour in Wisconsin
in the fall of 1996. I was taking a picture of cranberries
being loaded from the "marsh" - remember, I was in
Wisconsin! - when my hostess said to the workers and
me, "Look! There's a bald eagle!" Wow!
Joan Karrie, Liaison to the Gerber Products Company
On February 18th, 1997,1 attended Gerber Products
Company's Second Annual Agricultural Research
Update at then: headquarters hi Fremont, Michigan.
Gerber is a Supporter hi EPA's Pesticide Environmental
Stewardship Program. Nine scientists from Michigan,
Wisconsin, and Illinois discussed ongoing research
which is funded wholly or hi part, by the Gerber
Company. In addition, John Bakker explained the goals
and processes of the Westcentral Michigan Crop
Management Association (WMCMA). WMCMA is a
non-profit partnership between growers,
processors/packers, and Michigan State University
Extension Agents with the primary goal of pesticide use
reduction through methods such as spray timing, pest
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PEST SMART UPDATE #5
identification, enhancement of beneficials, and pest
threshold determination.
The researchers and there topics were: Mr. Philip
Schwallier, Michigan State University, Clarksville and
the Scab-Resistant Apple; Dr. Juwan Palta, University
of Wisconsin, The Ripening of Peaches Through the Use
ofLPE; Mr. John Rodgers, Michigan State University,
De-acidification of Peaches; Dr. Jun Song, Michigan
State University, Hexanal as a Post-Harvest Disease
Control Agent; Dr. John Masuinas, University of
Illinois, Weed Control in Processing Squash; Dr.
Schuyler Safi Korban, University of Illinois, Genetic
Advances in Disease Resistance of Apple; Dr. Mark
Whalon, Michigan State University, The MSULow
Pesticide Input Apple Project; Dr. John Wise, Michigan
State University, Mating Disruption Projects at the
Trevor Nichols Station; and Dr. Bill Shane, Michigan
State University, Tree Fruit Evaluation at the
S.W.M.R.E.C.
In addition to attendance at the Research Update, I was
able to visit the research facilities at Gerber, and on
February 19th. tour the apple and stone fruit producing
areas of wcstccntral Michigan and meet a local farmer
whose fruit crops are destined for Gerber babyfood
products.
I appreciate the opportunity that attendance at the
Research Update afforded me to better understand the
foci of research and needs of the Gerber Company. I
know that this will strengthen the partnership ties
between Gerber and EPA as the information will allow
me to better anticipate future needs and interests of
Gerber with respect to my role as PESP Liaison. In
addition, I could see how much the researchers
themselves were interested in the work of the other
speakers, and expect that some further discussion and
cooperation may ensue. I believe this event was very
worthwhile, and wish to express my thanks to the
Gerber Company for their invitation.
Kevin Costello Liaison to the Campbell Soup
Company.
On November 21, 1996, Kevin Costello joined Dennis
Larsen of Campbell Soup Company and researchers
from the Rutgers (NJ) Cooperative Extension Service in
an IPM tour of local carrot fields. Dr. Don Prostak,
Specialist in Pest Management at the Extension, led the
group to three carrot fields to describe the effort to
apply IPM to the control of carrot weevil, root
nematodes and dodder. Southern New Jersey is one of
several regions from which Campbell Soup buys carrots
for processing.
Kristian Holmstrom of the Cooperative Extension
demonstrated the use of wood-baffle traps to scout fields
for carrot weevil. These traps, which were developed
by a Canadian researcher, consist of a carrot placed
within a housing of closely-spaced
wood baffles. The traps are placed
at the edges of a carrot field hi the
spring before the crop has emerged
from the soil. If weevils are present
at the field, they should be found
between the wood baffles when the traps are collected
and disassembled. The presence or absence of carrot
weevils in these traps does not provide clues as to when
the weevils might be a problem. Rather, if scouting
with the traps indicates that there are no carrot weevils
present that season, then the farmer can refrain from
spraying the field with insecticides to control them. All
three of the farms we visited have also instituted fall
and early spring soil sampling to scout for root
nematodes, which disfigure carrots and render them
unfit for processing. As with the weevil program, if
early scouting indicates that there are no nematodes at a
specific field, there is no need to use pesticidal
fumigants that season. One of the farmers routinely
collects soil samples from more fields than he needs to
grow carrots each year, in order to choose as many as
possible that will not require pesticides for nematode
control.
Finally, the Extension researchers are investigating the
advantages of early scouting for the control of dodder hi
carrot fields. If left untreated, dodder can spread across
carrot rows, harming the crop and spreading when
cultivating machinery is dragged through the field. The
researchers are hoping that through early scouting and
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PEST SMART UPDATE #5
spot-treatment with herbicides, dodder can be
eliminated in a field before it can produce seeds for the
next growing season.
The Stewardship Program has already paid dividends
for local carrot fanners by eliminating the expense of
unnecessary pesticide applications. In addition, it offers
companies like PESP Supporter Campbell Soup
Company the promise of reduced pesticide use in the
production of carrots they need for processing.
WHAT'S NEW WITH FQPA?
In the last issue of the PEST SMART UPDATE, an
announcement was made about the landmark pesticide
food safety legislation called The Food Quality
Protection Act (FQPA) of 1996. This article will recap
the signing of the legislation and discuss major issues in
FQPA.
BACKGROUND: On August 6, 1996,
Congress unanimously passed landmark
pesticide food safety legislation supported
by the Administration and a broad
coalition of environmental, public health,
agricultural and industry groups.
President Clinton promptly signed the bill
and the Food Quality Protection Act of 1996 is now law
(P.L. 104-170, formerly known as H.R. 1627).
Pesticides in the U.S. are regulated under two major
federal statutes. Under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), EPA
registers pesticides for use hi the United States and
prescribes labeling and other regulatory requirements to
prevent unreasonable adverse effects on health or the
environment. Under the Federal Food, Drug, and
Cosmetic Act (FFDCA), EPA establishes tolerances
(maximum legally permissible levels) for pesticide
residues in food. Tolerances are enforced by the
Department of Health and Human Services/Food and
Drug Administration (HHS/FDA) for most foods, and
by the U.S. Department of Agriculture/Food Safety and
Inspection Service (USDA/FSIS) for meat, poultry, and
some egg products. For over two decades, there have
been efforts to update and resolve inconsistencies in the
two major pesticide statutes, but consensus on necessary
reforms has been elusive. The new law represents a
major breakthrough, amending both major pesticide
laws to establish a more consistent, protective
regulatory scheme, grounded in sound science. It
mandates a single, health-based standard for all
pesticides in all foods; provides special protections for
infants and children; expedites approval of safer
pesticides; creates incentives for the development and
maintenance of effective crop protection tools for
American farmers; and requires periodic reevaluation of
pesticide registrations and tolerances to ensure that the
scientific data supporting pesticide registrations will
remain up to date in the future.
While there has not been tune for detailed or definitive
analysis of the new law and its legislative history, below
are brief descriptions of how major issues appear to be
addressed in the new legislation and how they will
likely impact current practices.
FQPA: SUMMARY OF ISSUES
FEDERAL FOOD, DRUG, AND COSMETIC ACT
PROVISIONS (FFDCA)
Issue: General Standards for Tolerances
Previous Law and Practice: Previous law generally
required EPA to establish tolerances that will "protect
the public health." With respect to chemicals that pose
carcinogenic risks, EPA used a negligible risk standard,
except in cases where the Delaney clause of the FFDCA
applied, as described below. For effects determined to
have a "threshold," EPA used safety factors to ensure
that lifetime exposure would not exceed a safe level.
New Legislation: The new law requires that tolerances
be "safe," defined as "a reasonable certainty that no
harm will result from aggregate exposure," including all
exposure through the diet and other non-occupational
exposures, including drinking water, for which there is
reliable information. It also distinguishes between
"threshold" and "non-threshold" effects, consistent with
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PEST SMART UPDATE'#5
EPA practice.
Implications: The new law establishes a single,
health-based standard for all pesticide residues in all
types of food, replacing the sometimes conflicting
standards in the old law. There are no differences in
the standards applicable to tolerances set for raw and
processed foods. Additional provisions ensure
coordination with standards and actions under FIFRA,
for a more consistent regulatory scheme.
Issue: Resolution of the "Delaney Paradox"
Previous Law and Practice: If a pesticide that causes
cancer in man or laboratory animals concentrates hi
ready-to-eat processed food at a level greater than the
tolerance for the raw agricultural commodity, the
Delaney clause of the FFDCA prohibited the setting of
a tolerance. This had paradoxical effects in terms of
food safety, since alternative pesticides could pose
higher (non-cancer) risks and EPA allowed the same
pesticide in other foods based on a determination that
the risk was negligible.
New Legislation: The new law provides that tolerances
for pesticide residues in all types of food (raw or
processed) will be set under the same provisions of law.
The standards apply to all risks, not just cancer risks.
Implications: This legislation eliminates the Delaney
Paradox. The Delaney clause no longer applies to any
tolerances set for pesticide residues in food. Rather, the
EPA must determine that tolerances are "safe," defined
as "a reasonable certainty that no harm will result from
aggregate exposure" to the pesticide. EPA and others
will be able to devote resources that have been
consumed by Delaney-related activities to higher
priority public health and environmental protection
issues.
Issue: Special Provisions for Infants and Children
Previous and Law Practice: EPA is currently addressing
some of the high priority issues identified in the 1993
National Academy of Sciences (NAS)
report on "Pesticides hi the Diets of
Infants and Children." The Agency
routinely assesses risks by age group,
ethnicity, and region when setting
tolerances.
New Legislation: The new law explicitly requires EPA
to address risks to infants and children and to publish a
specific safety finding before a tolerance can be
established. It also provides for an additional safety
factor (up to tenfold, if necessary) to ensure that
tolerances are safe for infants and children and requires
collection of better data on food consumption patterns,
pesticide residue levels, and pesticide use.
Implications: The potentially greater exposure and/or
sensitivity of infants and children will be explicitly
taken into account in all tolerance decisions. Placing
these specific requirements in the statute will help EPA
in its efforts to implement the NAS report and ensure
that risks to infants and children are always considered
in the future.
Issue: Consideration of Pesticide Benefits
Previous Law and Practice: EPA used to set tolerances
"to protect the public health" and to give appropriate
consideration "to the necessity for the production of an
adequate, wholesome and economical food supply."
New Legislation: Tolerances based on benefits
considerations would be subject to a number of
limitations on risk and more frequent reassessment than
other tolerances. All tolerances would have to be
consistent with the special provisions for infants and
children. In certain narrow circumstances, the new law
allows tolerances to remain hi effect that would not
otherwise meet the safety standard, based on the
benefits afforded by the pesticide. Pesticide residues
would only be "eligible" for such tolerances if use of
the pesticide prevents even greater health risks to
consumers or the lack of the pesticide would result La "a
significant disruption hi domestic production of an
adequate, wholesome, and economical food supply."
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PEST SMART UPDATE #5
Implications: This provision narrows the range of
circumstances hi which benefits may be considered and
places limits on the maximum level of risk that could be
justified by benefits considerations.
Issue: Endocrine Disrupters (Estrogenic Substances)
Previous Law and Practice: No specific provision in
law. EPA is working with others in the. public and
private sector to develop appropriate testing strategies.
New Legislation: The new law requires the
development and implementation of a comprehensive
screening program for estrogenic and other endocrine
effects within three years of enactment.
Implications: EPA must develop a screening program
within 2 years of enactment, implement it within 3
years of enactment, and report to Congress within 4
years. This is a very ambitious schedule. Little is
known about mechanisms of endocrine disruption and
possible synergistic effects. This is a high priority for
EPA.
Issue: Other Factors to be Considered in Setting
Tolerances
Previous Law and Practice: EPA already considers
many of the factors in the new law, although they were
not all required under the previous law.
New Legislation: The new law requires EPA to
consider the validity, completeness .and reliability of
available study data; the nature of potential toxic
effects and available information on the relationship of
study results to human risk; dietary
consumption patterns and variations in
the sensitivities of major identifiable
subpopulations; cumulative and
aggregate (dietary and nondietary)
effects of exposure to the pesticide and other substances
with common mechanisms of toxicity; effects on the
endocrine system; and scientifically recognized
appropriate safety factors. These considerations are in
addition to the special provisions for infants and
children. In assessing potential risks, EPA may also
consider exposure to actual residues expected on foods
(which are often far lower than tolerances) and the
percent of a crop treated with the pesticide, but these
assessments must be re-evaluated periodically to ensure
they are still valid. EPA is given new authority to
require data under FFDCA, if the data cannot otherwise
be obtained under FIFRA or the Toxic Substances
Control Act. Finally, there must be a practical method
for detecting residues hi food before a tolerance can be
granted.
Implications: As scientific understanding of potential
cumulative and aggregate effects advances, it is likely
that additional data will be required for EPA decisions,
along with more information on subpopulation exposure
and risk. In most cases, EPA will be able to use
existing FIFRA authority to require this information.
The additional data will enhance the scientific basis and
protectiveness of pesticide regulations.
Issue: Consumer "Right to Know" Provisions
Previous Law and Practice: No comparable law or
practice at the federal level.
New Legislation: The new law requires EPA to publish
a short pamphlet containing consumer-friendly
information on the risks and benefits of pesticides, any
tolerances that EPA has established based on benefits
considerations, and recommendations for reducing
exposure to pesticide residues and maintaining a healthy
diet. This information would be distributed each year
to "large retail grocers for public display." In addition,
petitions for tolerances must include informative
summaries that can be published and made publicly
available.
Implications: EPA must coordinate with USDA and
Health Human Services in order to accomplish this.
While the Agency has general information materials
that describe how to reduce pesticide exposure,
developing materials to reach consumers at the
supermarket level is a new departure, particularly with
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respect to substitute foods.
Issue: Re-evaluation of Existing Tolerances
Previous Practices: EPA has been reassessing tolerances
in connection with its ongoing reregistration review of
chemicals first registered before November, 1984.
Pesticides approved after that were not subject to
reregistration requirements.
New Legislation: While transitional provisions
maintain existing tolerances in place upon enactment,
the new law requires review of all tolerances on the
following schedule:
-33% within 3 years
-66% within 6 years
- 100% within 10 years
Priority will be given to pesticides that may pose the
greatest risk to public health.
Implications: All tolerances will be required to meet
the new safety standards, which should increase
assurance that they arc protective of all American
consumers, including infants and children. The
magnitude of this task is considerable; well over 9000
tolerances are currently in place.
Issue: International Standards for Pesticide Residue
Levek
Previous Law and Practice: EPA considered
international standards for maximum residue
levels (MRLs) established by the Codex
Alimentarius Commission as part of its
reregistration tolerance reassessments for
chemicals first registered before
November, 1984. There is no presumption in favor of
accepting international MRLs.
New Legislation: The new law requires EPA to publish
for public comment whenever the Agency proposes a
tolerance that differs from an established Codex MRL.
Implications: This requirement furthers the goal of
international harmonization of pesticide residue limits,
to the extent that international MRLs meet U.S. food
safety standards.
Issue: National Uniformity of Tolerances
Previous Law and Practice: Previous law allowed
states to set tolerances that were stricter than EPA
tolerances.
New Legislation: Generally, the new law preempts
states from establishing tolerances that differ from EPA
tolerances first established or reassessed after April 25,
1985. States may petition EPA for exemptions to this
provision if there are compelling local conditions that
justify the exemption.
Implications: As a practical matter, states have rarely
set tolerances that differ from EPA's, and the protective
safely standards in the new law will probably decrease
the incentive to do so even further. States will continue
to have authority to establish tolerances stricter than
those EPA may set based on benefits considerations,
and to require warning or other statements about the
presence of pesticide residues (such as those required
under California's Proposition 65).
Issue: Residue Monitoring and Civil Penalties
Previous Law and Practice: No comparable provisions.
FDA and USD A monitor pesticide residues as resources
permit.
New Legislation: The new law provides an additional
authorization of $12 million for increased FDA
monitoring in Fiscal Years
1997-1999. It also establishes
substantial civil penalties for
introducing foods with violative
pesticide residues into interstate
commerce. The penalties do not
apply to growers.
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PEST SMART UPDATE #5
Implications: If Congress were to appropriate
additional funds under this authority, FDA would be
able to increase monitoring. Penalty provisions should
be a deterrent to violations.
FEDERAL INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT PROVISIONS
(FIFRA)
Issue: Periodic Review of Pesticide Registrations
Previous Law and Practice: Under amendments to
FIFRA 1988, EPA is in the process of conducting
reregistration reviews for all pesticides first registered
before November 1984 and their associated tolerances,
although tolerance reviews were not specifically
required by the law. This review would bring the
science base supporting registrations and tolerances up
to current standards, but on a one-time only basis.
New Legislation: In addition to requiring tolerance
reassessments, the new law requires EPA to establish a
system for periodic review of all pesticide registrations,
aimed at updating them on a 15-year cycle. If new data
are needed for these reviews, or for any other review,
EPA may require them under FIFRA's "data call-in"
authority in Section 3(c)(2)(B) or other statutory
authority.
Implications: This ensures that all pesticides continue
to meet up-to-date standards for safety testing and
public health and environmental protection. EPA
retains authority to require data and take action if
needed in the interim, but at a minimum registrations
should be updated on a 15 year cycle. Although other
provisions of the new law provide for continuing fees to
support the reregistration effort through 2001,
additional resources may be needed to sustain periodic
review efforts beyond that date.
Issue: Emergency Suspension Authority
Previous law and practice: EPA could not suspend a
pesticide's registration unless a proposed notice of intent
to cancel the registration had been issued or were issued
simultaneously. This could delay suspensions when
there is an emergency, imminent threat to public health
or the environment.
New Legislation: The new law allows EPA to
emergency suspend a pesticide registration immediately.
A notice of intent to cancel must be issued within 90
days, or the emergency suspension would expire.
Implications: EPA can now move quickly in situations
that warrant immediate and decisive action to prevent
serious risks to human health and the environment,
while preserving the rights of registrants in the
cancellation process.
Issue: Extension of Reregistration Fee Authority
Previous Law and Practice: EPA had authority to
collect fees to implement the
reregistration program (covering
pesticides first registered before
November, 1984) until September
30, 1997.
New Legislation: The new law extends fee collection
authority through September 30, 2001. It provides for
the collection of $14 million/year to support the current
reregistration program and the expedited processing of
applications for substantially similar "me-too"
pesticides, with an additional $2 million per year to be
collected in 1998, 1999 and 2000. It also requires a
annual independent audit to ensure performance goals
are met and specifies that tolerance fees will be
available to carry out the requirements of the new law.
Implications: If fee authority had been allowed to
expire in 1997, EPA would have completed only
approximately one-half of its ongoing reregistration
program. Many of the pesticides for which review
would have been delayed are chemicals used on foods
most often eaten by infants and children. The extension
of fee authority will help EPA review these pesticides
more quickly and keep the current reregistration
program on track.
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Issue: Minor Use Pesticides, (including Public
Health Uses)
Previous Law and Practice: Minor uses of pesticides are
generally defined as uses for which pesticide product
sales do not justify the costs of developing and
maintaining EPA registrations. In the aggregate, such
"minor" crops are very important to a healthy diet, and
include many fruits and vegetables. For agricultural
pesticides, the Inter-regional Research Project No. 4
(IR-4), administered by USDA in cooperation with state
land grant universities, has been working to develop
needed data. There was no corresponding program for
public health uses.
New Legislation: The new law enhances incentives for
the development and maintenance of minor use
registrations in a number of ways. These special
provisions do not apply, however, if the minor use may
pose unreasonable risks or the lack of data would
significantly delay EPA decisions. The legislation also
establishes a USDA revolving grant program and a
program for support of public health pesticides,
analogous to the ER-4 program for agricultural uses, to
be implemented jointly by the Public Health Service and
EPA.
Implications: While maintaining safeguards for public
health and environmental protection, these provisions
will enhance efforts to ensure that effective pest control
products are available to growers and for public health
purposes.
Issue: Review of Antimicrobial Pesticides
Previous Law and Practice: There were no special
provisions for antimicrobial pesticides under previous
law. EPA and FDA shared responsibilities for some
products, and EPA reviewed applications consistent
with Agency priorities, resources, and the timing of
submissions.
New Legislation: The new law amends the definition of
pesticide under FEFRA to exclude liquid chemical
sterilants, which are to be regulated exclusively by
FDA. It also reforms the antimicrobial registration
process, with the goal of achieving significantly shorter
EPA review tunes.
Implications: While the review times set out in the new
law will be difficult to achieve, EPA believes they are
attainable and will strive to develop a program to meet
them. Ending dual regulation and establishing more
specific regulatory requirements will benefit
manufacturers.
Issue: Expediting Review of Safer Pesticides
Previous Law and Practice: EPA had established
policies that give priority to applications for pesticides
that appear to meet reduced risk criteria.
New Legislation: The new law requires EPA to
develop criteria for reduced-risk pesticides, and
expedite review of applications that reasonably appear
to meet the criteria.
Implications: These provisions give a statutory mandate
for expedited consideration of applications for safer
pesticides, thereby enhancing public health and
environmental protection. EPA will develop formal
criteria and procedures for expedited reviews.
Issue: Maintenance Applicator and Service
Technician Training
Previous Law and Practice: No specific comparable
provisions.
New Legislation: The new law
creates a category of
"Maintenance Applicators" and
"Service Technicians," to include
janitors, sanitation personnel,
general maintenance personnel,
and grounds maintenance personnel who use or
supervise the use of structural or lawn pest control
agents (other than restricted use pesticides). States are
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PEST SMART UPDATE #5
authorized to establish minimum training requirements
for such individuals.
Implications: States have explicit authority to require
training. EPA is authorized to make states understand
these provisions on minimum training requirements.
NOTE: For more information on FQPA, see EPA's
Office of Pesticide Program's website on the internet at
http://www7epa.gov/pesticides
EPA REGIONS:
The Other Part of the Pesticide
Program
It's easy for people that usually deal with the Office of
Pesticide Programs in Washington to overlook an
essential part of die program. There are small outposts
of the Pesticide Program located in each of EPA's ten
regional offices. These offices serve a function that
cannot be handled from Washington.
Some of the most important functions of the program
occur in almost all states and tribal territories in the
U.S., and the EPA regional offices oversee these
activities.
• The states and territories have primacy; they have
accepted the responsibility of enforcing the use
provisions of FIFRA.
• The states provide this function under a cooperative
agreement (grant) with the EPA regions.
• The Regions manage these agreements and pass
critical information to the grantees in support of
their efforts.
Under the grants, the states and tribes:
• Enforce federal laws and, at the same time, enforce
state laws; maintain pesticide laboratory operations;
certify and train commercial and private applicators;
implement worker protection standards which
includes training and enforcemen; write and
implement ground water state management plans;
and negotiate arid implement endangered species
protection plans.
The Regions also work with the states and other
partners to conduct programs and projects to reduce
pesticide risk and promote safe handling and disposal of
pesticides. These activities are all done in conjunction
with the states. It may seem to the casual observer that
the Regions have very little to do other than simple
oversight. This is not the case. Not all work can be
delegated to the states/tribes. Other activities include:
• Training federal and state/tribe inspectors that
conduct the FIFRA inspections.
• Conducting laboratory audits to ensure that labs
follow Good Laboratory Practice (GLP) procedures.
• Investigating and prosecuting high-profile or
sensitive federal violations.
• Collecting and recording FIFRA Section 7 (pesticide
production) data and enforcing this reporting
requirement.
• Experiencing numerous encounters with the
inquisitive public and, yes, responding to those
Congressional inquiries.
• Assisting some wayward registrants and send others
to Headquarters with problems.
• Dealing with the U.S. Customs Service and
maintaining a pesticide import surveillance program.
• Holding workshops for states, tribes and the public
to implement ground water strategies program and
the worker protection programs.
• Continually providing Liaison between the
public/state officials/regulated industry and Office of
Pesticide Programs and EPA's Office of
, Enforcement and Compliance.
• Interacting with other EPA regional programs to
provide a FIFRA-perspective to community-based
environmental problems.
• Attending and speaking at public meetings to
represent and explain the Program.
All of these activities, and more, are maintained with
small staffs of dedicated, hard working individuals that
care about the environment and want to see pesticides
used correctly to ensure a safe and abundant food
supply.
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The activities in EPA's Regional Offices are moving
toward a more multi-media approach. A team of
Federal inspectors today are just as likely to inspect a
facility for violations of the Water and Air Programs, as
well as, programs that regulate the production and
release of toxic chemicals. This trend is designed to
save the federal government time and money and still
maintain an enforcement presence. The regional
pesticide programs have always been an integral part of
the Program and have served the agricultural
community and the general public well over the years.
Region
I
II
ra
rv
V
VI
vn
vm
DC
X
Office Location
Boston, MA
Edison, NJ
Philadelphia, PA
Atlanta, GA
Chicago, IL
Dallas, TX
Kansas City, KS
Denver, CO
San Francisco, CA
Seattle, WA
General Phone
617-565-3491
908-321-6769
215-566-2042
404-562-8956
312-353-2192
214-665-7240
913-551-7033
303-312-6470
415-744-1087
206-553-1091
800-424-4372
Note: Article written by John Tice in cooperation with
PESP contacts in the Regions.
PESP PARTICIPANTS RECEIVE
IPM INNOVATORS AWARD
The Campbell Soup Company, Del Monte Foods and
Sun-Maid Growers, along with two other groups,
received the California Department of Pesticide
Regulation's coveted "IPM Innovators" award.
Each of the organizations is proactive in leading the
way for adopting IPM techniques and reducing the risk
from pesticides. The awardees either effectively
reduced the usage of pesticides, expanded application of
pest monitoring, reduced worker exposure to pesticides,
or, took other actions that earned recognition, according
to the IPM Innovators Program.
To learn more about the IPM Innovators Program, visit
then- web site at: html://cdpr.ca.gov
For More Information on PESP
Call PESP INFOLINE
1-800-972-7717
or email
glick.sherry@epamail.epa.gov
&EPA
United States
Environmental Protection Agency
Washington DC 20460
(7501W)
Official Business
Penalty for Pnvate Use 5300
FIRST CLASS MAIL
POSTAGE & FEES PAID
EPA
PERMIT MO. G-35
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