[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Notices]
[Pages 20544-20545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7764]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0702; FRL-8116-4]
Final Stipulated Injunction and Related Information Involving
Pesticides and the California Red-Legged Frog; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: On October 20, 2006, the Federal District Court for the
Northern District of California issued a Stipulated Injunction,
resolving a lawsuit filed by the Center for Biological Diversity
against EPA, alleging that EPA failed to comply with section 7(a)(2) of
the Endangered Species Act by not ensuring that its registration of 66
named pesticide active ingredients will not jeopardize the California
red-legged frog, a federally-listed Threatened species. Key terms of
the Stipulated Injunction are summarized as follows: a Court-ordered
schedule for EPA to make effects determinations for the 66 named
pesticides; interim injunctive measures regarding EPA's authorization
of uses of the 66 pesticides in certain parts of 33 counties in
California; and the development and distribution of a bilingual
brochure regarding certain aspects of the injunction, pesticides and
frogs. Today, EPA announces the availability on its Web site
(www.epa.gov/espp) of the bilingual brochure, along with maps and
guidance regarding the interim injunctive measures ordered by the
Court.
FOR FURTHER INFORMATION CONTACT: Arty Williams, Environmental Fate and
Effects Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-7695; fax number: (703) 305-6309; e-
mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, and may be of
particular interest to the Center for Biological Diversity, CropLife
America, American Forest and Paper Association, Western Plant Health
Association, Oregonians for Food and Shelter, and Syngenta Crop
Protection, Inc., other public interest groups, state regulatory
partners, other interested federal agencies, other pesticide
registrants and
[[Page 20545]]
pesticide users. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0702. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
II. Background
On April 2, 2002, the Center for Biological Diversity (CBD) filed a
lawsuit in Federal District Court for the Northern District of
California, alleging that EPA failed to comply with section 7(a)(2) of
the Endangered Species Act by not ensuring that its registration of 66
named pesticide active ingredients will not affect the California red-
legged frog, a federally-listed threatened species. CBD, EPA, and
defendant-intervenors CropLife America, American Forest and Paper
Association, Western Plant Health Association, Oregonians for Food and
Shelter, and Syngenta Crop Protection, Inc. engaged in discussions to
try to resolve the case.
On September 1, 2006, EPA issued a notice in the Federal Register
(71 FR 52073; FRL-8090-9), announcing the availability of a proposed
Stipulated Injunction, and opening a 15-day public comment period on
the draft. EPA received numerous comments from the public, California
state agencies, and others, regarding certain aspects of the proposed
Stipulated Injunction. These comments, as well as the proposed and
final versions of the Stipulated Injunction, are available at
regulations.gov in the public docket, ID number EPA-HQ-OPP-2006- 0702.
Based on public comments received and subsequent discussion with
CBD and defendant-intervenors, the federal government agreed to the
Stipulated Injunction with a modification to the definition of ``upland
habitat'' in section 3(b) of the injunction to conform this definition,
which applies outside designated critical habitat, with the definition
of ``upland habitat'' used by the U.S. Fish and Wildlife Service in its
designation of critical habitat for this species (71 FR 19244-19346,
April 13, 2006).
On October, 13, 2006, the Federal Government joined CBD and
defendant-intervenors in asking the Court to issue a Stipulated
Injunction resolving the lawsuit. The Court ordered the Stipulated
Injunction on October 20, 2006. The key provisions of the Stipulated
Injunction are listed below.
1. Schedule for effects determinations: The Stipulated Injunction
establishes a series of deadlines for the Agency to make ``effects
determinations'' for 66 named pesticides to determine their potential
effect on the California red-legged frog (a threatened species native
to California).
2. Interim injunctive relief: The Stipulated Injunction also (with
some exceptions) enjoins, vacates and sets aside EPA's authorization of
uses of the 66 pesticides in certain parts of 33 counties in
California. The injunctive relief, vacatur, and setting aside of EPA's
authorizations would terminate for a particular use of a pesticide when
the Agency makes a determination that the pesticide's use has ``no
effect'' on the California red-legged frog, or, where EPA determined
the pesticide's use may affect the species, when EPA completes
consultation with the U.S. Fish and Wildlife Service.
3. Development and distribution of a bilingual brochure: The
injunction also requires EPA to develop and distribute a bilingual
(English and Spanish) brochure regarding certain aspects of the
injunction, the California red-legged frog and frogs in general, and
pesticides. EPA is required to distribute this brochure to all
commercial certified applicators within California; to all private
certified applicators residing in counties where use authorizations
have been set aside; to registrants of the 66 pesticides; the
California Departments of Pesticide Regulation, and Fish and Game; and
the Pacific Region of U.S. Fish and Wildlife Service. In addition, EPA
is to distribute 250 copies of the brochure to the County Agricultural
Commissioner and Cooperative Extension Agent offices in the affected
counties.
In addition to distributing the bilingual brochure as required by
the Stipulated Injunction, EPA has made this brochure available on its
Web site (www.epa.gov/espp). Further, EPA has developed and posted on
its Web site maps of the areas in California where the injunctive
relief applies and information to assist pesticide users in determining
whether particular areas are within the scope of the Stipulated
Injunction. The full text of the Stipulated Injunction and other
related materials are also available at that Web site.
List of Subjects
Environmental protection, Endangered species.
Dated: April 17, 2997.
Steve Bradbury,
Director, Environmental Fate and Effects Division, Office of Pesticide
Programs.
[FR Doc. E7-7764 Filed 4-24-07; 8:45 am]
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