# Water Boards
San Francisco Bay Regional Water Quality Control Board

Ms. Veronica Dutch Office of Pesticide Programs (OP P ) 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. D utch: Last year the San Francisco Bay Regional Water Quality Control Board (Wat er Boa rd ) 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 occu r 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, aquat i c invertebrates, birds, or mammals

. EPA appears to have based this decision on the same i nformation the Water Board and other water quality agencies refuted , with scientific rationa l e, 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 lette rs, rather , EPA refers to its "conservative exposure scenarios," which we pointed out in 20 1 3 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 rat ionale for refuting them? As you may know , California water quality agencies are dealing with widespread tox i city in urban waterways, which is currently rel ated 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 P u blic Comments Received o the Prel i m i nary Ecological Risk Assessment and Endangered Species Effects Determ i nation Conducted for the Reg i strati on Rev iew of Metofluthrin

. From D. Spatz , EFED Branch Ch i ef to L. Arrington , R isk Management and Implementati on Branch Chief

. May 15

.

JOHN MU L LER. CH AIR I BRU CE H. WOLFE. EXECUT IV E O F F I CE R 1 51

**Cl y**  St
. . Suite 1400, Oakland
. CA 94012 I www . wate rboards.ca.gov/sanfranclsc ob aySan Francisco Bay Reg i ona l Wat e r Qua lity Cont ro l Board Metofl uthr i n Comment Letter
numerous comment letters to OPP dockets, and, unti l now (Metoflut h rin Re g istration Review) , have generally understood EPA ' s deci s ions o n whethe r to act upon our comments. From our point of view, th i s case appears far les s transparent. We respectfully as k you to recons i der your determ i nat i on and more fully evaluate the potenti al risks of urban uses of met ofluth rin. Thank yo u for t h e opportun ity to comm e nt. You may contact me as needed at johara@waterboards

. ca.gov or 510.62 2 .5681. Sincerely, 

### Janet B. O' Ha ra**~** .. y .....**tJy~****O'*"****ON:~ n.tt** **t, li** **.,._o, ou,** **joll** ......**&,11 11"** **.** <-US**O. ~~r** **:.101 "-0I.lll** **~1'01f** Janet B

. O ' Hara Water Resource s Contro l Engineer
cc: via emai l Richa r d Keigwin , Jr ., Director , EPA OPP Pesticide Re- Evaluation Division Donald Brady , D irector, EPA OPP Env i ronmental Fat e and Effects D ivision Lind a Arr ington , EPA OPP Pesticid e Re
- Evaluation Division Betsy Southerland , Director, EPA Offi ce of Water , Office of Science and Technology Andrew Sawyers , Director, EPA Offi ce of Wa te r, Office of Wastewater M anagement Nan Singhasemanon , California D e partment of Pesticide Regulation Jane D i amond, D i rector, Water D iv i si o n , U

. S

. E PA Region 9 Patti TenB rook , U.S

. EPA Region 9 Kelly Moran , Urban Pesti cide Pollu t ion Prevention Partne r ship CASQA Board of Directo rs , Executive Program Comm ittee and CASQA Pesticides

Subco m mittee