Status of Implementation

The EPA must review nearly 10,000 pesticide tolerances within 10 years. The
Agency is required to review one-third of all existing tolerances by August 1999, two-thirds by August 2002, and the remaining tolerances by August 2006. The EPA is giving priority to reviewing the tolerances or exemptions that appear to pose the greatest risk to public health, which include organophosphates, carbamates, and probable human carcinogens (B-1 and B-2 pesticides).  Of these, it appears that the Agency is currently focusing on the organophosphates. 

The following is a summary of where some of the organophosphates associated in apple production are in the review process.  This information is from a table on the EPA web site (http://www.epa.gov/op/status.htm) and was last updated on March 10, 1999.

There are six phases to the pilot process developed by EPA and USDA for involving the public in the reassessment of tolerances (FQPA) and reregistration (FIFRA) of individual organophosphate (OP) pesticides. The goal of developing this six phase process is to find a more effective way for the public to participate at critical junctures in the Agency's development of OP risk assessment and risk management decisions.

The following is from EPA's UPDATE BRIEFING PAPER # 6-A of 2/25/99 and highlights the opportunities for public involvement and comment on OP documents.

Process for the Organophosphates

Phase 1 (30 days) -- Registrant "Error Only" Review: EPA sends its preliminary human health and ecological risk assessments to registrant(s) of the pesticide for a 30-day error correction review, and to the US Department of Agriculture (USDA). They are asked to correct any computational or other errors that EPA has made in developing its preliminary assessment of the pesticide's risks.
Phase 2 (up to 30 days) -- EPA Considers Registrants' Comments: EPA summarizes and considers comments from registrants and USDA. EPA incorporates comments or makes changes in the preliminary risk assessments to correct any errors identified. By the end of this phase, EPA opens a Public Docket for the pesticide.
Phase 3 (60 days) -- Public Comment on Preliminary Risk Assessment: EPA publishes a Federal Register (FR) Notice of Availability announcing its preliminary risk assessment, opening a 60-day public review and comment period. Registrants, grower groups, other stakeholders and the public are encouraged to submit data and other information to refine EPA's preliminary risk assessment. They also may begin submitting risk mitigation proposals to address any risk concerns identified in the document. EPA may meet with registrants and other stakeholders to discuss risk related data, use information, and risk assessment/risk management alternatives.
Phase 4 (up to 90 days) -- EPA Refines Risk Assessments: EPA summarizes and considers comments, data, and risk mitigation proposals received during the Phase 3 public comment period. EPA develops a refined risk assessment and sends it to USDA for review. EPA and USDA may host public meetings to share the refined risk assessment with the public and discuss risk management ideas.
Phase 5 (60 days) -- EPA Solicits Risk Management Ideas: EPA releases the refined risk assessment to the public for viewing via the OP Public Docket. EPA publishes a FR Notice of Availability opening a 60-day public consultation period during which risk management proposals are solicited. Registrants, grower groups, other stakeholders and the public are encouraged to participate and submit their risk management proposals. EPA and USDA may meet with registrants and other stakeholders to discuss risk management alternatives and strategies. Meeting minutes will be included in the Public Docket.
Phase 6 (up to 60 days) -- EPA Develops Risk Management Strategies: EPA considers all risk management proposals received. With input from USDA, EPA develops risk management strategies that ultimately will contribute to the Agency's risk management decisions for this and other OPs.

It appears that the insecticides associated with apple production have not yet entered the phase of the evaluation process (phase 5) where EPA releases its refined risk assessment and starts to get public comment on management options to minimize risk.

*** When EPA requests public comment on management options to reduce risk for specific pesticides --- this would be an important time for grower input.     And, it appears we may be entering into that phase.

On  Friday,  March 12, 1999,  EPA posted a statement on its web site that it will be releasing information on organophosphate pesticide use patterns for ten food crops: apples, brussel sprouts, oats and rye, peaches, pears, rice, sorghum, soybeans, sugarcane, and tomatoes.    This information will be posted on their web site and they will be asking for comments by growers and interested parties.  As I write this newsletter, I have not yet seen this information but will be looking for it and will keep you posted.  If you are interested in looking at the current status of the review process, the EPA web site is:  http://www.epa.gov/pesticides/.

Once EPA receives public comment on various management options, i.e., possible changes in use patterns, they will then develop risk management options (phase 6).    Given the time lines, it appears unlikely that there will be significant changes implemented this growing season.

It will be important to provide comment to EPA on possible management options (or lack thereof) related to specific pesticides. 

As always, it is important to practice IPM, to try to prevent a pest situation from reaching the point where a pesticide is needed, and, if applying a pesticide, to know your tree-row-volume, have your sprayer calibrated, and apply the correct amount of pesticide.    Research is continuing in the Northeast on alternative pest management options, particularly for the plum curculio and apple maggot, including development of better traps and new pesticides. However, totally new options are not commercially available for 1999.

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