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From: Rob Toreki <info**At_Symbol_Here**ILPI.COM>
Subject: Re: [DCHAS-L] EPA Requests Comments on New Methodologies to Estimate Pesticide Concentrations in Surface Waters
Date: Jan 15, 2020 23:58 UTC
Reply-To:
ACS Division of Chemical Health and Safety
In-Reply-To:
...EPA's Draft Method is antithetical to the plain language and purpose of the ESA. By curtailing data inputs, arbitrarily narrowing the scope of findings, and discounting results that are purportedly uncertain, the Draft Method would allow EPA, through its risk assessment, to arbitrarily determine that a proposed pesticide registration or reregistration is not likely to adversely affect listed plants and animals, or is not likely to adversely modify critical habitat, prior to and without consultation with the Services. Indeed, the Draft Method appears designed at each step to minimize the likelihood that further review of impacts to species will be required. Additionally, the Draft Method precludes any analysis of the effects of climate change on the habitat ranges of listed species, which is unrealistic and unreasonable in the present climate change scenario.
These ill-advised changes to the Established Method increase risks to threatened and endangered plants and animals. EPA's Draft Method is particularly troubling in light of the dire state of imperiled plants and animals worldwide. As the United Nation's Intergovernmental Science- Policy Platform on Biodiversity and Ecosystem Service Plenary recently reported, we are facing a global extinction crisis affecting a million species-more than in any other period in human history.5 In addition to species' intrinsic value and the importance of biodiversity to ecosystem health, the U.N. report emphasizes the grave implications the extinction crisis poses to human health and wellbeing-impacts felt in our States and across the country. Indeed, the report emphasizes that pesticide effects on pollinating insects can devastate crops.6
For the reasons explained in detail below, the Draft Method violates the letter, legislative history, purpose and spirit of the ESA, is contrary to well-established case law interpreting the ESA, and lacks any reasoned or justifiable basis. Therefore the Draft Method is "arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law" in violation of the Administrative Procedure Act (APA),7 and is "in excess of [EPA's] statutory jurisdiction, authority, or limitations, or short of statutory right."8 Accordingly, the States encourage EPA to abandon the Draft Method, or at a minimum revisit several key aspects to strike a more precautionary approach to the protection of the nation's listed species that complies with the ESA-
On Jan 15, 2020, at 6:04 PM, DCHAS Membership Chair <membership**At_Symbol_Here**DCHAS.ORG> wrote:--- For more information about the DCHAS-L e-mail list, contact the Divisional membership chair at membership**At_Symbol_Here**dchas.org Follow us on Twitter **At_Symbol_Here**acsdchas
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EPA Requests Comments on New Methodologies to Estimate Pesticide Concentrations in Surface Waters
The U.S. Environmental Protection Agency (EPA) is asking for public comments on new methodologies developed by the agency to estimate exposure to pesticides from surface water sources. These methodologies would increase the accuracy of the agency's estimates by minimizing underestimation, reducing the magnitude of overestimation, and increasing consistency.
With recent advances in automation and improvements in data quality, EPA is taking another step toward its goal of building new scenarios that better reflect environmental characteristics for use in surface water assessments. These scenarios can be used in EPA's tool that estimates pesticide concentrations in surface water. Additionally, EPA developed a methodology to use percent cropped area (PCA) to better account for the amount of a crop grown within a watershed that drains to a drinking water intake. The new methodology also uses percent cropped treated (PCT) to better capture the amount of a pesticide used on that crop. These new methods would ensure that the agency's review of pesticides continues to be protective of human health.
In its review of pesticides, EPA conducts drinking water assessments to determine if pesticide concentrations in drinking water may cause adverse health effects. These assessments include an analysis of the potential for and magnitude of pesticide occurrence in surface and groundwater sources of drinking water. EPA plans to incorporate these new methodologies into future pesticide drinking water assessments to increase consistency in surface water assessments and to refine pesticide exposure estimates.
Read about the new methodologies at on our webpage. Comment on these new methods until February 29, 2020, via the following email address: OPPeco**At_Symbol_Here**epa.gov.
