Regulation of Pesticides

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in accord with the U.S. view that the information base available to other governments should be improved in order to permit them to make sound decisions regarding importation and use of potentially harmful products. Our delegation, in fact, joined in negotiations on this resolution over a period of nearly two months in hopes of reaching a consensus, and we very much regretted that this result could not be achieved. Regardless of the U.S. vote, we continue to provide information to governments on domestic regulatory actions restricting or banning the use of products addressed in this resolution.

I appreciate your taking the time to give us your views on this subject, and hope that this rather lengthy explanation has been helpful to you.

Sincerely,

Jack Blanchard

Acting Director

Office of Environment & Health

As you requested in our meeting, I am enclosing a number of materials related to: pesticide export notices (FIFRA Sec. 17(a)); notices of major regulatory action (FIFRA Sec. 17(b)); Agency comments on several versions of the Hazardous Substances Export Policy; a copy of Congressman Rosenthal's request and the Agency's reply; and copies of cables which illustrate the types of misunderstandings associated with the export notices. The attached list details each item that is enclosed.

Under separate cover, I will transmit a sample of the Agency's "Certificate of Free Sale," which is often used by exporters for the purpose of indicating to a foreign purchaser or government a product's U.S. registration.

A couple of the cables related to the suspension of carbosulfan in Greece are classified "confidential." They can be released to Congressman Brown if he provides the Agency with a written request. Any staff who handle confidential documents must have a national security clearance.

In relation to the Rosenthal request, I no longer have a copy of the pesticide production data which was sent to him. Againk if Congressman Brown sends us a written request, a computer printout can be run. The printout would provide you with comprehensive production data and limited export data.

I hope you find this information is useful. As I mentioned, I will be available to assist you in any way on your work on pesticide exports.

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LIST OF ENCLOSURES:

MATERIALS REQUESTED BY C. BENBROOK

STAFF DIRECTOR, SUBCOMMITTEE ON DEPARTMENT
OPERATIONS, RESEARCH AND FOREIGN AGRICULTURE
U.S. HOUSE OF REPRESENTATIVES

May 2, 1983

C. McInerney/as drafter of cable to Athens re:
Suspension of Carbosulfan in Greece

Athens 10679 (cable) re: Export of Unregistered
Pesticide Product

Cathleen (McInerney) note to Mr. Funkhouser re:
Affidavit of Cathleen McInerney/Civil Action
No. 78-10044 (affidavit attached)

State 182691 (cable) re: Certification of Pesticide
Registration

Typed page on Oxyfluorfen (Goal 2E) of Registered
Uses and Date Registration obtained w/attachments:
(1) E. (Kika) de la Garza ltr to Mr. A.E. Conroy
dtd 06/02/82

(2) R.J. Lacoste ltr to Neylan/EPA re: Certification
for Pesticide Registration

A.M. Gorsuch ltr to Hon. B.S. Rosenthal re: implementation
of provision of Sec. 17 of FIFRA and Sec. 12 of TSCA
w/5 enclosed pages re info on FIFRA & TSCA

w/incoming dtd 09/25/81 from Hon. B.S. Rosenthal
to A.M. Gorsuch

& pages dtd 02/09/82 re: citations for TSCA Fed.
Reg. Notices

R. Reagan memo to Secretary of Commerce and Secretary
of State re: Review of Hazardous Substances Export
Policy (Executive Order which revoked Carter's
Executive Order)

C. McInerney ltr. to Mr. H. Lawrence re: transmitting comments on Report to President on Review of U.S. Hazardous Substances Export Policy (comments attached).

M. Baldridge (Commerce) and Haig (State) ltr. to
W. R. Brock (LOU) w/attached "marked-up" copy of
Report ot President on Review of U.S. Hazardous
Substances Export Policy.

J.E. Daniel (EPA) ltr. to Hon. W.E. Brock w/
attached comments on "Proposed E.O. Concerning
Notice to Foreign Gov'ts of U.S. Regulatory Action
Regarding Haz. Materials & Presidential Memo"

J.W. Blanchard memo to Mr. Richardson re: USTR
Transmittal of HSEP Policy to White House
w/34 page attachment

A.M. Gorsuch ltr. to M.J. Horowitz w/attached comments

M.J. Horowitz ltr to A.M. Gorsuch w/enclosed
proposed E.0. entitled "Fed. Policy Concerning Notice
to Foreign Governments of U.S. Actions Regulating
Hazardous Materials

Set of the most recent 17 (b) Notices.

CORRECTED COPY (PARA 3 LINES 6 AND 7 GARBLED)
E.O. 12356: N/A
TAGS: SENV

SUBJECT: NOTICE OF REGULATORY ACTION ON PESTICIDE ENDRIN

SUMMARY: THE ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS
ALERTED THE DEPARTMENT THAT THE REGULATORY ACTIONS RELATED
TO THE PESTICIDE ENDRIN ARE SUBJECT TO FOREIGN GOVERNMENT
NOTIFICATION REQUIREMENT OF SECTION 17 (B) OF FIFRA. AN
EXPLANATION OF THE REGULATORY ACTIONS IS GIVEN, ALONG WITH
AN OFFER TO HOST GOVERNMENT OFFICIALS THAT ADDITIONAL INFOR-
MATION ON THE SCIENTIFIC REVIEW OF ENDRIN IS AVAILABLE
UPON REQUEST. THE DETAILS OF THE REQUIREMENTS WHICH ENABLE
THE CONTINUATION OF A FEW USES OF ENDRIN ARE BEING POUCHED.
IN ADDITION, A FRENCH OR SPANISH TRANSLATION OF THIS NOTICE
IS AVAILABLE. END SUMMARY.

CERTAIN-USES-OF THE PESTICIDE ENDRIN HAVE BEEN CANCELLED; OTHER USES HAVE BEEN ALLOWED TO CONTINUE BECAUSE THE REGISTRANTS HAVE AGREED TO MODIFY THE CONDITIONS OF USE. THE ACTION TAKEN ON ENDRIN WAS A RESULT OF A SCIENTIFIC REVIEW AND RISK ANALYSIS. A REVIEW OF THIS TYPE IS CONDUCTED WHEN IT APPEARS THAT THE PESTICIDE "DOES NOT COMPLY WITH THE PROVISIONS OF THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA), OR, WHEN IN ACCORDANCE WITH WIDESPREAD AND COMMONLY RECOGNIZED PRACTICE, GENERALLY CAUSES UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT." THE SCIENTIFIC REVIEW AND RISK ANALYSIS IS DESIGNED TO GATHER RISK AND BENEFIT INFORMATION ABOUT PROBLEM PESTICIDES AND TO MAKE BALANCED DECISIONS CONCERNING THEM IN A MANNER WHICH ALLOWS ALL INTERESTED GROUPS TO PARTICIPATE.

THE CONCLUSIONS OF THIS ANALYSIS SHOWED THAT THE USE
OF ENDRIN PRODUCTS POSE RISKS OF SIGNIFICANT POPULATION
REDUCTIONS OF NON-TARGET ORGANISMS, ACUTE TOXICITY TO
WILDLIFE, AND TERATOGENICITY. THE AGENCY REVIEWED ALL
AVAILABLE INFORMATION TO DETERMINE WHETHER RISKS POSED BY
THE USES OF ENDRIN WERE OFFSET BY THE ECONOMIC, SOCIAL AND
ENVIRONMENTAL BENEFITS.

2. CANCELLATION

ENDRIN HAS BEEN CANCELLED FOR USE ON:

A. COTTON IN SPECIFIED AREAS OF THE EASTERN UNITED STATES,

ORNAMENTALS,

F. ENCLOSED BIRD PERCH TREATMENTS.

3. MODIFICATIONS TO PERMIT CONTINUATION OF CERTAIN USES

AFTER CONSIDERING RISKS IN RELATION TO BENEFITS, THE
AGENCY DETERMINED THAT THE RISK FOR SOME USES COULD BE
SUFFICIENTLY REDUCED BY MODIFYING THE TERMS AND CONDITIONS
OF REGISTRATIONS. THE AGENCY PERMITTED THE CONTINUATION
OF THE USES LISTED BELOW ONLY IF THE REGISTRANTS MODIFIED
THE TERMS AND CONDITIONS OF THESE USES. THIS WAS
ACCOMPLISHED BY REQUIRING CHANGES IN LABELING.

IN ORDER TO INDICATE THE EXTENT OF THE RESTRICTIONS
PLACED ON CONTINUED USE OF PESTICIDE PRODUCTS CONTAINING
ENDRIN, THE DETAILS OF THESE LABEL REQUIREMENTS ARE BEING
POUCHED (ENTITLED, "LABEL STATEMENTS REQUIRED FOR PESTICIDE
PRODUCTS CONTAINING ENDRIN"). LABEL CHANGES THAT THE
AGENCY CONSIDERED WOULD REDUCE RISKS TO HUMANS AND THE
ENVIRONMENT INCLUDE REQUIREMENTS RELATED TO: PROTECTIVE
CLOTHING; METHODS OF APPLICATION; RATES OF APPLICATION;
GEOGRAPHIC LIMITATIONS; THE SPECIES TO BE CONTROLLED;
EVIDENCE OF INFESTATION WHICH IF NOT CONTROLLED WOULD
RESULT IN SIGNIFICANT ECONOMIC HARDSHIP; DISTANCE
RESTRICTIONS; AND, LIMITING USES TO CERTIFIED APPLICATORS.
THE USE OF ENDRIN ON COTTON IS A GOOD EXAMPLE OF HOW
DECISIONS ON RESTRICTIONS ARE REACHED. THE AGENCY
DETERMINED THAT THE POTENTIAL FOR AQUATIC CONTAMINATION
WAS GREATEST IN THE SOUTHEASTERN US AND LEAST IN THE SOUTH-
WESTERN US. INTERSTATE HIGHWAY 35 WAS SELECTED THE GEOGRA-
PHIC LINE BECAUSE IT APPROXIMATELY SEPARATES THE GEOGRAPHIC
REGIONS OF HIGH AND LOW RISKS. IN THE CASE OF APPLE OR-
CHARDS, THE AGENCY DETERMINED THAT THERE WAS AN ECONOMIC
NEED TO CONTROL PINE VOLES IN THE EASTERN US AND MEADOW
VOLES IN THE WESTERN US ONLY RATHER THAN ALLOW THE
CONTINUED USE OF ENDRIN TO CONTROL ORCHARD MICE IN
GENERAL. OTHER LABEL CHANGES INCLUDE WARNINGS TO FEMALE
WORKERS AND SPECIFICATIONS FOR EQUIPMENT, CLOTHING AND
APPLICATION METHODS.

UNCLASSIFIED

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