EPA has issued a call for public comments and will be accepting comments until September 27, 2010 on the endangered species protection program (ESPP) bulletin process.   This process directly affects the grower community and the agricultural industry.  

Background on Public Comment Opportunity on the Registrant Petition to EPA
More than 5 years ago, EPA announced the general concept of creating web-based, county bulletins to be referenced on product labels to implement endangered species protection program (ESPP)-related restrictions.  However, it has only been during the past 6-8 months that the Agency has actually developed the first operational bulletins as a result of court-ordered consultations for protection of Pacific salmon in the Western U.S.  

Although implementation of the bulletins has the potential to dramatically impact agricultural practices for use of pesticides across millions of acres of farm and forest land, EPA has developed the draft bulletins in an ad hoc fashion without a transparent and well-defined process for collecting and fairly evaluating comments of the product registrants, relevant state regulatory authorities, and the affected grower community.  Since the bulletins contain detailed maps outlining habitat areas for protection and include a number of highly specific restrictions to be applied, including a complicated spray buffer calculator, such a lack of attention to process is inexcusable and likely to lead to bulletins containing serious errors and unworkable instructions.  

To help remedy this situation, the registrants directly affected by the first set of county bulletins petitioned EPA during January, 2010, to establish standardized procedures for both the creation and amendment of ESPP bulletins.  Standardized procedures should include notification of all affected registrants when new bulletins or revisions are proposed, provision of adequate time for submission of comments on draft bulletins by registrants and potentially affected state governments and pesticide users, and a fair process developed for handling disputes that may arise between EPA and the registrant concerning specific bulletin restrictions.  EPA has made no commitment to developing such standardized procedures, but instead has issued a call for public comments on the industry petition.  

What Points Should Growers Consider Making With EPA About This Petition for Rulemaking?
First, growers and other stakeholders should consider telling EPA to act now on the industry petition and develop standardized, transparent procedures for ESPP bulletins through a public “notice and comment” process, before taking these intended restrictions any further. Some specific aspects of the bulletin process that EPA should address include:
• Timely notification of all affected registrants when a bulletin is to be developed or modified;
• Adequate time for review and comment on bulletins by registrants, state agencies, and growers;
• Commitment by EPA to fairly evaluate comments and inform affected stakeholders well in advance of the growing season regarding final bulletin content;
• Advance access for review of any computer applications to be included in the bulletins (e.g., buffer calculators);
• Plain English explanations of the reasons for the new or revised restrictions;
• Standardized formats so that users can readily find information; and
• Clarity as to definitions of terms and scale of maps so that misunderstandings can be avoided

How Can Growers Submit Comments to EPA?
EPA will be accepting comments on the “petition for rulemaking” until September 27, 2010. Instructions on submitting comments to EPA may be found in the Federal Register Notice, but briefly these include:
• Federal eRulemaking Portal: Search at www.regulations.gov for “EPA-HQ-OPP-2010-0474” and follow the on-line instructions for submitting comments. You may also link directly with the comment web page for the EPA-HQ-OPP-2010-0474 docket and follow the instructions.
• U.S. Postal Service: Office of Pesticide Programs, (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001.
• Overnight Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA, Phone: (703) 305–5805.
• Email: Ms. Catherine Eiden, Special Assistant, Product Re-Evaluation Division, Office of Pesticide Programs, U.S. Environmental Protection Agency, eiden.catherine@epa.gov

Please Note: For comments to be considered, they MUST reference EPA Docket number
EPA-HQ-OPP-2010-0474.

Here is the link to EPA's FR Notice calling for public comments on the petition:
www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b2268d

Here is the link to the actual petition submitted by the registrants:
www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b22d73