News from the EPA

EPA has Released Its Draft Risk Assessments for Chlorpyrifos for Public Review.

The draft risk assessments are the product of an extensive evaluation of available data on chlorpyrifos’s health and environmental impacts. Specific findings include: The revised human health risk assessment identifies dietary (including children) and occupational handler risks of concern and incorporates the updated drinking water assessment. With the limited remaining residential uses of chlorpyrifos EPA found no risks of concern, including to children’s health, when products are used according to the label instructions. The Agency’s draft ecological risk assessment identifies potential adverse effects to mammals, birds, fish, and terrestrial and aquatic invertebrates. Full details on these potential risks and EPA’s methods for estimating them can be found within the revised human health and draft ecological risk assessments located on the Agency’s website

EPA Approves Innovative Products to Aid in Wildfire Management.

On September 30, 2020, the EPA announced the approval of two new products that could prove helpful in preventing future wildfires in Western states. These innovative products contain the new microbial active ingredient Pseudomonas fluorescens strain ACK55 for use as a pre-emergent herbicide. After reviewing public comments and the best available science, EPA has approved the registration of end-use product Battalion Pro (EPA Reg No. 91213-3) and a manufacturing-use product (EPA Reg No. 91213-4 ), which both contain the new active ingredient Pseudomonas fluorescens strain ACK55 (P. fluorescens ACK55). When applied, P. fluorescens ACK55 acts as a naturally occuring bacterium that becomes established in the soil. Once established, it produces a metabolite that affects the plant cell wall and membrane, which in turn reduces the plants’ ability to reproduce. P. fluorescens ACK55 is not expected to be harmful to humans or non-target organisms. The herbicide Battalion Pro has been approved for targeted application on invasive, noxious grasses in areas such as food crops, pastures, forests and recreational areas. These grasses are often associated with wildfires that can lead to increased air pollution and loss of property and habitat for native wildlife. Since P. fluorescens ACK55 must become established in the soil to provide optimal pre-emergent herbicidal effects, suppression of certain invasive grasses may take two to five years. Additionally, dry conditions do not allow P. fluorescens ACK55 to grow in the soil and colonize various plant parts, resulting in only minimal suppression. In concurrence with this registration actions, EPA is also establishing a tolerance exemption for residues of P. fluorescens ACK55 in or on all food when it is used in accordance with label directions and good agricultural practices. For more information, visit docket EPAHQ-OPP-2017-0336 at: www.regulations.gov.

EPA Finalizes First Ever Rule to Promote Transparency in Developing Regulatory Guidance Documents.

On September 14, 2020, at a speech in front of the Federalist Society, U.S. EPA Andrew Wheeler announced the final rule to establish consistent requirements and procedures for the issuance of guidance documents. The final rule will significantly increase the transparency of EPA’s guidance practices and will improve the agency’s process for managing guidance documents. The rule, among other elements, will: • Establishes the first formal petition process for the public to request that EPA modify, withdraw or reinstate a guidance document. • Ensure that the agency’s guidance documents are developed with appropriate review and are accessible to the public. • Allows public participation in the development of significant guidance documents On October 9, 2019, President Trump issued Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents, to promote transparency by ensuring that all active guidance documents are made available to the public. A central principle of EO 13891 is that guidance documents should only clarify existing obligations and that they should not be a vehicle for implementing new, binding requirements on American businesses. Prior to this action, on July 28, 2020, EPA finalized a guidance portal that provides public access to agency guidance documents. To access the portal, please visit: https://www.epa.gov/guidance. For additional information on the rule, please visit: https:// www.epa.gov/laws-regulations/epa-guidance-administrativeprocedures-issuance-and-public-petitions