

[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Notices]               
[Page 20544-20545]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap07-79]                         

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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 
(http://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: williams.arty@epa.gov.

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 (http://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]

BILLING CODE 6560-50-S
