U.S. Environmental Protection Agency Office of Pesticide Programs Carbofuran Registration Review Status December 2009 1 ------- Carbofuran Registration Review Status December 2009 Case 0101 Approved by: ^ <-yt Richard P. Keigwin, Jr. Director Pesticide Re-evaluation Division Date; 2 ------- Carbofuran Registration Review Status Introduction I'hc Food Quality Protection Act of 1 9% mandated a registration review program. Ail pesticides distributed or so'd in the United States (l.'.S.) general!) must be registered by the Hnvironrnenial Protection Agency (FPA or the Agency), based on scientific data showing that they will not cause unreasonable risks to human health or the environment when used as directed on product labeling. The registration review program is intended to make sure that, as the ability to assess risk evolves and as policies and practices change, all registered pesticides continue to meet the statutory standard of no unreasonable adverse effects to human health or the environment. Changes in science, public pol'e\. and pesticide use practices will occur over time. Through, the registration review program, the Agency periodically reevaluates pesticides to make sure that as change occurs, products in the marketplace can be used safely. Information on this program is provided at fhe Agency is mplemcniing the registration review program pursuant to Section 3(g). and will review each registered pesticide every 15 >ears to determine whether it continues to meet the federal Insecticide. Fungicide, and Rodenticide Act (FlhRA) standard for registration. The Agency will consider benefits information anc data as required by F1FRA. The publij phase of registration review begins when the initial docket is opened for each case. The docket is the Agency's opportunity to state what it knows about th: pesticide and whal aJditional risk analyses and data it believes are needed to make a registration review- decision. In the case of carbofuran. the Agency's decision, finalized in the August 2006 Reregi.stration F.ligibilitv Decision {R -]D) Document for carbofuran was .hat pesticide products containing the active ingredient carbofuran were not eligible for Rcregi strati on. The regulator) process to implement that decision by tolerance revocation and -egistration cancellation is ongoing, fhe Agency will therefore not be opening a registiation review docket lor carbofuran. The Agency expects growers to successfully transition to the available alternative pesticides or cultural practices that pose fewer risks. Status Update for Carbofuran Final Decision and Tolerance Revocation: This is the hnvironmental Protection Agency's status update for the registration review" of carbc.furan. Carbofuran is an N-methyl carbamate pesticide that poses health risks to humans and the environment. In August 2006. after several public comment periods on the risk ass:ssmerts, EPA announced that no uses of carbofuran were eligible for Reregistration. The following timeline lists actions relating to carbofuran registrations after the RFD was completed on 2006. 3 ------- • April-October 2007, Registrant submitted new data and infornniion on carbofuran. • January 2008. KFA published a draft Notice of Intent lo Cancel (MOIC) and re\ised risk assessments and benefits analyses based on information reeened during 2007; and requested review b\ the FIFRA Scientific Advisory Panel (SAP) and the L'.S. Department of Agriculture (ICiDA), as required b\ statute. • -ebruarv 2008. FIFRA SAP meeting on draft NOIC. As part of the process to cancel carbofuran registrations, the Agene} presented li e rationale tor its decision, as well as reviews of new data submitted throughout .2007. • March 2008. 1 he SAP agreed with EPA's rationale. (Meeting Minutes of the i I/• RA Scientific Advisory Panel Meeting Held February 5-8, 2008 on the Agency '$ Proposed Action under F1FRA 6(b) Notice of Intent to Cancel Carbofuran). • March 2008. US DA commented on the benefits analyses 'that EPA should consider pest resistance management, benefits on a local level effects on consumers and iradc, lisks of alternative chemicals, emergency exemption ;ssues. crops other than corn and potatoes, and should conduct a crop-by- crop benefits analysis. • Juh" 22. 2008. ZPA responded to each of CSDA's concerns. • Juh" 31. 2008. ~PA proposed to revoke all tolerances for carbofuran (73 ,'R 44864). • August 2008. EPA notified the World Trade Organization (W'EO) that the .Agency had proposed to revoke all carbofuran tolerances. • March 18. 2009. EPA's product cancellation order confirmed and malized the registrant 's voluntary cancellation of some uses of carbofuran (74 I-'R 1 15M ). Uses which have not been voluntary cancelled are: corn, sunflower, pokvo. pumpkin, spinach grown for seed and pine seed ings. • May 15. 2000. 1 lie Agency issued its final rule revoking all tolerances for carboturan (74 -R 23('46) and addressing all public comments received on the proposed rule. • May 2009. EPA notif ed the WTO that the Agency had revoked all carbofuran toieiances. • October 30, 201*9. FIViC Corporation, the National Com Growers Association, the Natio nil Sunllower Association, and the National Potato Council, jointly filed objections to EPA's tolerance revocations and a request for a hearing. • No\ember 1 8. 1009. EPA denied all objections and hearing requests and provided the rationale for each denial (74 FR 59608). • No\ember 19. 1009. "he registrant filed a motion with the DC Circuit Court ol Appea.s requesting a stay of (he Agency's decision and expedited review' of the merils of the case, • November 30, 2009. EPA tiled a brief responding to FMC"s motion. • December 7, 2009. EMC responded to KPA's brief. 4 ------- The DC Circuit Court of Appeals is in the process of considering FMC's motion. As a result of HPA tolerance revocation actions, after December 31. 2009. food crops with residues of carbofuran will be considered adulterated, unless those food crops were treated with carboiuran prior to December 31. 2009. Use of carbofuran on volun.arily cancelled non-food crops according to label directions is allowed until stocks arc depleted. I. se on the non-iood uses of pine seedlings and spinach grown fo; scco will be subject to, any existing stocks provisions in the future cancellation order. The final carbofuran Decision Document and supporting materials including all correspondence, reports, and risk assessments arc available electronically at www.reanlattons.gov in docket number EPA-HQ-OPP-2005-0162. The draft NOIC and associated risk assessments. S VP charge questions, presentations by the Agency and the public, SAP report and the Agencs's response can be found in the SAP docket m mher hPA-11Q-OPP-2007-108 K. Anticipated Actions As many uses of carbofuran have already been voluntarily cancelled, and all tolerances have been revoked, the Agency will be proceeding to finalize the draft Notice of r.tent to ( ancel o! January 2008 and cancel a I remaining carbofuran products and uses d,ie to risks to applicators and wildlife. 5 ------- |