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Interim Public Participation Process

Information provided for informational purposes only

Note: This information is provided for reference purposes only. Although the information provided here was accurate and current when first created, it is now outdated.

Committee to Advise on
Reassessment and Transition

Paper # 17

 

Overview
  • EPA and USDA are now implementing an interim approach for the non-organophosphate pesticides scheduled for tolerance reassessment and reregistration development work in 2000 and 2001.
  • The interim process is more fully described below.

Why use an interim public participation process?
  • EPA and USDA are implementing a condensed interim public participation process for 2000 and 2001 because the public participation process that EPA and USDA proposed in the Federal Register this spring is an 11- or 12-month process, a timeframe that would not allow EPA to meet its reregistration and tolerance reassessment commitments in 2000 and 2001.

Relationship Between the Interim Process and Other Public Participation Processes
  • The interim process will help EPA and USDA accomplish the needed transition from the public participation process that was tested as a pilot (i.e., the pilot public participation process now used exclusively for organophosphate pesticides) to the public participation process that will be adopted for future pesticide tolerance reassessment and reregistration, and allow EPA to keep its reregistration and tolerance reassessment commitments.
  • The organophosphates will continue to follow the organophosphate pilot public participation process.
  • The public participation process that will be finalized after the notice and comment period described in the March 15, 2000 Federal Register notice will be applied to pesticide tolerance reassessment and reregistration after 2001.

Benefits of the Interim Process
  • Although the interim process is not the full 6-phase process, it greatly improves transparency and stakeholder access over past practices.
  • The interim process parallels the current 6-phase organophosphate pilot public participation process in principle, and extends the pilot’s significant benefits because it:
  • adheres to the goal of transparency by releasing risk assessment and risk management documents to the public docket and EPA’s Internet website, and
  • adheres to the goal of increased stakeholder consultations by offering significant opportunities for stakeholder input, especially through meetings and conference calls. This past year has seen marked improvement in stakeholder participation and this year will see even more improvements.
  • The interim process will allow EPA to meet its reregistration and tolerance reassessment commitments in 2000 and 2001.

Details of the Interim Process

Phase 1 -- Registrant error correction (30 days)
Main point: Exactly the same as the current OP Pilot Public Participation Process.
Events:

  • EPA sends the risk assessments and related documents to the registrant for a 30 day period for the identification of errors and Confidential Business Information (CBI).
  • EPA sends the risk assessments and related documents to USDA (and other federal government agencies as appropriate).
  • USDA may elect to communicate with stakeholders, but will not release any part of the risk assessment documents for this purpose (they have not been cleared for CBI at this point).

Phase 2 -- EPA addresses registrant’s error comments (up-to 30 days)
Main point: Very similar to the current OP Pilot Public Participation Process. Events:

  • EPA revises the risk assessments based on the errors identified by the registrant (if warranted).
  • EPA develops the related risk assessment support documents (e.g. an Overview summarizing the assessments, EPA’s formal response to the registrant’s comments, etc.)
  • EPA sends the completed Overview to USDA for use in stakeholder communications.
  • USDA may elect to hold conference calls with stakeholders (using the Overview), and EPA will attend these calls as appropriate.

Phase 3 -- Public Participation
Main point: Consolidates the public participation events of the current OP Pilot Public Participation Process in order to meet reregistration goals in 2000 and 2001.
Events:

  • EPA releases the risk assessments and related documents to public docket via a Federal Register Notice of Availability and posts the documents on EPA’s website. While there is no formal public comment period, the Agency will accept comments. Comments submitted within the first 30 days are most likely to be considered before issuance of the RED. All comments will also be considered as part of the comment process on the RED (see below).
  • EPA sends the risk assessment documents to USDA as a courtesy.
  • USDA may elect to hold conference calls during Phase 3, and EPA will attend, as appropriate
  • EPA may hold a public meeting to describe the risk assessments (Technical Briefing and/or stakeholder meeting).
  • EPA develops the risk management document Reregistration Eligibility Decision (RED).
  • EPA will hold a closure conference call with interested stakeholders to describe the findings of the RED.

Phase 4 -- EPA issues risk management
  • EPA releases the RED to the public docket for a 60-day public comment period via a Federal Register Notice of Availability and posts the RED on EPA’s website.
  • If public comment necessitated modifications to the RED, EPA would make those changes and release the final RED to the docket and website.

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