Water Boards 

San Francisco Bay Regional Water Quality Control Board 

Ms. Veronica Dutch 

Office of Pesticide Programs (OPP) 

U.S. Environmental Protection Agency (EPA) 

Docket Center (28221 T) 

1200 Pennsylvania Ave., NW. 

Washington, DC 20460-0001 

Sent via email to: dutch. veronica@epa.gov 

August 1, 2014 

CIWIQs# 717712 

Subject: Registration Review Proposed Interim Decision- Metofluthrin (Docket# EPA-HQ-OPP 

2012-0105) 

Dear Ms. Dutch: 

Last year the San Francisco Bay Regional Water Quality Control Board (Water Board) 

commented on the Metofluthrin Registration Review 1 stating that, given the proposed uses, 

metofluthrin could and is likely to present environmental risks. Along with other commenters, we 

presented sound scientific reasoning as to why the risks from proposed metofluthrin uses 

cannot a priori be determined to be de minimis and why a full registration review is necessary. 

Subsequently EPA has determined to terminate the Metofluthrin Registration Review, allowing 

its uses to continue to occur without conducting a full environmental risk assessment. During the 

public comment period for this decision, EPA has not presented the scientific rationale for its 

determination. Instead, EPA states that, based on available information, none of its Levels of 

Concern were exceeded for fish, aquatic invertebrates, birds, or mammals. EPA appears to 

have based this decision on the same information the Water Board and other water quality 

agencies refuted, with scientific rationale, in our 2013 comment letters. However, in its May 15, 

2014, Response to Public Comments, 2 EPA provides no scientific rationale for discounting the 

points we make in those comment letters, rather, EPA refers to its "conservative exposure 

scenarios," which we pointed out in 2013 do not include the most sensitive species Hya/el/a 

Azteca and mysids, which are the known sensitive aquatic species and have been used in other 

pyrethroid risk assessments. Further, EPA states in its Response to Public Comments that the 

OPP's Science Policy Council/Risk Management Forum De Minimis Subgroup supports its 

determination to terminate the Metofluthrin Registration Review; however, EPA does not inform 

the public what information this Council/Forum evaluated. Was the Council/Forum provided all 

the public comments? The rationale for refuting them? 

As you may know, California water quality agencies are dealing with widespread toxicity in 

urban waterways, which is currently related to pyrethroid pesticide use. We have written 

1 2013. San Francisco Bay Regional Water Quality Control Board, J. O'Hara. Metofluthrin Registration Review, 

Docket ID: EPA-HQ-OPP-2012-0105. August 26. 

2 USEPA. 2014. Memorandum: Response to Public Comments Received o the Preliminary Ecological Risk 

Assessment and Endangered Species Effects Determination Conducted for the Registration Review of Metofluthrin. 

From D. Spatz, EFED Branch Chief to L. Arrington, Risk Management and Implementation Branch Chief. May 15. 

JOHN MULLER. CHAIR I BRUCE H. WOLFE. EXECUTIVE OFFICER 

151 Cl y St .. Suite 1400, Oakland. CA 94012 I www.waterboards.ca.gov/sanfranclscobay 
San Francisco Bay Regional Water Quality Control Board 

Metofluthrin Comment Letter 

numerous comment letters to OPP dockets, and, until now (Metofluthrin Registration Review), 

have generally understood EPA's decisions on whether to act upon our comments. From our 

point of view, this case appears far less transparent. We respectfully ask you to reconsider your 

determination and more fully evaluate the potential risks of urban uses of metofluthrin. 

Thank you for the opportunity to comment. You may contact me as needed at 

johara@waterboards.ca.gov or 510.622.5681. 

Sincerely, 

Janet B. 

O'Hara 

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Janet B. O'Hara 

Water Resources Control Engineer 

cc: via email 

Richard Keigwin, Jr., Director, EPA OPP Pesticide Re-Evaluation Division 

Donald Brady, Director, EPA OPP Environmental Fate and Effects Division 

Linda Arrington, EPA OPP Pesticide Re-Evaluation Division 

Betsy Southerland, Director, EPA Office of Water, Office of Science and Technology 

Andrew Sawyers, Director, EPA Office of Water, Office of Wastewater Management 

Nan Singhasemanon, California Department of Pesticide Regulation 

Jane Diamond, Director, Water Division, U.S. EPA Region 9 

Patti TenBrook, U.S. EPA Region 9 

Kelly Moran, Urban Pesticide Pollution Prevention Partnership 

CASQA Board of Directors, Executive Program Committee and CASQA Pesticides 

Subcommittee