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EPA/OCSPP RIN: 2070-AK55 Publication ID: Fall 2021 
Title: Pesticides; Modification to the Minimum Risk Pesticide Listing Program and Other Exemptions Under FIFRA Section 25(b) 
Abstract:

Under section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA has determined that certain "minimum risk pesticides" pose little to no risk to human health or the environment, and has exempted them from registration and other requirements under FIFRA. In 1996, EPA created a regulatory list of minimum risk active and inert ingredients in 40 CFR 152.25. Such an exemption reduces the cost and regulatory burdens on businesses and the public for those pesticides deemed to pose little or no risk, and allows EPA to focus our resources on pesticides that pose greater risk to humans and the environment. In April 2021, EPA issued an advance notice of proposed rulemaking (ANPRM) soliciting public comments and suggestions about the petition process for exemptions regarding pesticides from registration and other requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), where the pesticides are determined to be of a character unnecessary to be subject to regulation under FIFRA. The Agency is considering streamlining the petition process and revisions to how the Agency evaluates the potential minimum risk active and inert substances, factors used in classes of exemptions, state implementation of the minimum risk program and the need for any future exemptions or modifications to current exemptions. EPA is also sought comment on whether the Agency should consider amending existing exemptions or adding new classes of pesticidal substances for exemption, such as peat when used in septic filtration systems. EPA is currently considering the public input received and development of a proposed rule.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 152   
Legal Authority: 7 U.S.C. 136(w) Federal Insecticide Fungicide and Rodenticide Act   
Legal Deadline:  None

Statement of Need: This rulemaking effort is intended to reduce regulatory burdens and focus EPA resources on pesticide products that have risks to public health or the environment by streamlining the petition process used to seek such exemptions; revising how the Agency evaluates the potential minimum risk active and inert substances, factors used in classes of exemptions and state implementation of the minimum risk program; and considering the need for any future exemptions or modifications to current exemptions.

Summary of the Legal Basis: Exemptions to the requirements of FIFRA are issued under the authority of FIFRA section 25(b). Eligible products may be exempt from, among other things, registration requirements under FIFRA section 3.

Alternatives: In considering a streamlined petition process and other improvements, EPA intends to identify and evaluate available alternatives that facilitate the effective and efficient identification of pesticides products that could be exempt from registration and other requirements under FIFRA.

Anticipated Costs and Benefits: EPA intends to consider the costs and benefits of proposed improvements during the development of the proposed rule.

Risks: This procedural rule is not intended to address identified risks, and, by definition, will only involve pesticides products identified as having minimal risk.

Timetable:
Action Date FR Cite
ANPRM  04/08/2021  86 FR 18232   
NPRM  08/00/2022 
Additional Information: .
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/minimum-risk-pesticides  
Sectors Affected: 221320 Sewage Treatment Facilities; 238910 Site Preparation Contractors; 311119 Other Animal Food Manufacturing; 325320 Pesticide and Other Agricultural Chemical Manufacturing; 325611 Soap and Other Detergent Manufacturing; 423120 Motor Vehicle Supplies and New Parts Merchant Wholesalers; 424210 Drugs and Druggists' Sundries Merchant Wholesalers; 424910 Farm Supplies Merchant Wholesalers; 444210 Outdoor Power Equipment Stores; 444220 Nursery, Garden Center, and Farm Supply Stores; 445110 Supermarkets and Other Grocery (except Convenience) Stores; 561710 Exterminating and Pest Control Services; 561730 Landscaping Services; 562991 Septic Tank and Related Services; 611620 Sports and Recreation Instruction; 624410 Child Day Care Services; 926150 Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors 
RIN Data Printed in the FR: No 
Agency Contact:
Sara Kemme
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7101M,
Washington, DC 20460
Phone:202 566-1217
Email: kemme.sara@epa.gov

Cameo Smoot
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7101M,
Washington, DC 20460
Phone:202 566-1207
Email: smoot.cameo@epa.gov