EPA Reaches Settlement on Legal Challenge to Updated Data Requirements for Registration of Antimicrobial Pesticides

For Release: March 9, 2015

EPA and the American Chemistry Council have reached a settlement agreement that addresses ACC’s petition for judicial review of EPA’s updated 40 CFR Part 158W data requirements for antimicrobial pesticides. Among the provisions of the settlement agreement, EPA will issue a proposed guidance document, “Antimicrobial Pesticide Use Site Index,” for public comment on the schedule included in the settlement agreement. The site index will include a compilation of existing antimicrobial pesticide use sites and identify how each use site fits within the 12 use patterns established in the regulation. This guidance document will help prospective registrants by making it easier for them to identify which data are necessary to register their product(s).

The entire settlement agreement is available at http://www.regulations.gov in docket EPA-HQ-OPP-2008-0110.

Background

On May 8, 2013, EPA published a final rule revising and updating use patterns and data requirements for antimicrobial pesticides. These changes are designed to improve EPA’s ability to protect human health and the environment while also clarifying the antimicrobial pesticides data requirements, contributing to a more efficient and transparent registration process. The ACC filed a petition in the U.S. Court of Appeals in the District of Columbia in July 2013 seeking review of the final rule, subpart 158W of Title 40 of the Code of Federal Regulations.