August 4 , 201 4

Veronica Dutch Office of Pesticide Programs (OPP) Environmental Protection Agency (EPA) Docket Center (EPA/DC) (28221T) 1200 Pennsylvania Ave.

, N.W. Washington DC 20460

– 0001

Subject: Registration Review Proposed Interim Decision

– Metofluthrin (Docket # EPA

– HQ

– OPP

– 2012

– 0105)

Dear M s

. Dutch :

On behalf of the California Stormwater Quality Association (CASQA 1 )

, thank you for the opportunity to comment regarding the EPA’s proposed decision to terminate the Registration

Review of metofluthrin. We a re very concerned about the potential consequences of this

decision. Terminating metofluthrin's review:

• opens the door to increases in use without measures to prevent water pollution, and

• prevents your office from requiring metofluthrin products to implem ent the mitigation measures that will be required for other pyrethroids.

On August 23, 2013, CASQA registered our concerns regarding the metofluthrin review work plan

. EPA had neither proposed to examine water quality risks nor to review metofluthrin in

p arallel with the risk assessments of other pyrethroids. We are confounded that, rather than responding to our concerns, EPA has determined there is insufficient reason to continue the review altogether.

Pesticide water pollution has created a persist ent regulatory burden for many of our municipal

members. Currently, EPA has listed 622 California water bodies as impaired by pesticides under Section 303(d) of the Clean Water Act; of those, 16 are listed for pyrethroids. 2 Further, in 2013, CASQA com piled a report of statewide monitoring data for pyrethroids, concluding that pyrethroids are present in urban waterways throughout California at concentrations above the EPA chronic Aquatic Life Benchmarks for aquatic invertebrates in water. 3

1 CASQA is comprised of stormwater quality management organizations and individuals, i ncluding cities, counties, special districts, industries, and consulting firms throughout California. Our membership provides stormwater quality man agement services to more than 22 million people in California.

2 State Water Resources Control Board’s 2010 303(d) list is available at http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml

. 3 Ruby, Armand. 2013. Review of Pyrethroid, Fipronil and Toxicity Monitoring from California Urban Watersheds.

Available at https://www.casqa.org/LinkClick.aspx?fileticket=t%2btw BGMxunc%3d&tabid=194&mid=995

.CASQA Comments on Metofluthrin Proposed Interim Decision August 4 , 2014

Docket # EPA

– HQ

– OPP

– 2012

– 0105

2 of 3 As regulat ory actions to protect water quality , including TMDLs, are taken to address those pyrethroids, manufacturers will seek to replace t hose with other, less

- regulated insecticides. If EPA continues on this path to terminate review of metofluthrin, this will pa ve the way for metofluthrin use to increase as a replacement for other, more heavily regulated pyrethroids. As use increases, so does the likelihood of aquatic toxicity.

Therefore, it remains important for EPA to continue with its previous promise to address pyrethroid

- caused water pollution through Registration Review of all pyrethroids as a group. EPA has recognized the importance of this methodology , noting in past Decisions (e.g., cypermethrin 4 ) there is a relationship between pyrethroids and their uses, in that if a specific use were to be restricted for one pyrethroid, another would likely replace that pyrethroid

.

As you know, there remains no practical and cost

- effective treatment technology that municipalities can use to remove these pesticides from stormwater runoff. The only technically and economically feasible way for municipalities to comply with current and future Clean Water Act requirements is for EPA to e ffect a true source control approach by us ing its regulatory

autho rities to prohibit pesticide use s that inevitably create pesticide related toxicity in urban
waterways

.

For these reasons, and per the details presented in our August 2013 comment letter, we respectfully ask you to reconsider your determination.

Thank you for your consideration of our comments. If you have any questions, please contact Dave Tamayo, CASQA Pesticides Subcommittee Co

- Chair, at (916) 874

- 8024 (tamayod@SacCounty.net); or CASQA Executive Director Geoff Brosseau at (650) 365

- 8620.

Sinc erely,

Gerhardt Hubner, Chair California Stormwater Quality Association

cc: Richard Keigwin, Jr., Director, EPA OPP Pesticide Re

- Evaluation Division Donald Brady, Director, EPA OPP Environmental Fate and Effects Division Linda Arrington, EPA OPP Pesti cide Re

- Evaluation Division Marquea King, EPA OPP Pesticide Re

- Evaluation Division Kevin Costello, EPA OPP Pesticide Re

- Evaluation Division Tracy Perry, EPA OPP Pesticide Re

- Evaluation Division Monica Wait, EPA OPP Pesticide Re

- Evaluation Division Molly Cl ayton, EPA OPP Pesticide Re

- Evaluation Division Mah Shamim, EPA OPP, Environmental Fate and Effects Division

4 EPA (2006). Reregistration Eligibility Decision for Cypermethrin. EPA OPP

- 2005

- 0293. Page 51.CASQA Comments on Metofluthrin Proposed Interim Decision August 4 , 2014

Docket # EPA

– HQ

– OPP

– 2012

– 0105

3 of 3 Rosanna Louie

- Juzwiak, EPA OPP, Environmental Fate and Effects Division Hannah Yingling, EPA OPP, Environmental Fate and Effects Division

James Wol f, EPA OPP, Environmental Fate and Effects Division Dana Spatz, EPA OPP, Environmental Fate and Effects Division Melissa Panger, EPA OPP, Environmental Fate and Effects Division Betsy Southerland, Director, EPA Office of Water, Office of Science and Techno logy Andrew Sawyers, Director, EPA Office of Water, Office of Wastewater Management Nan Singhasemanon, California Department of Pesticide Regulation Jane Diamond, Director, Water Division, EPA Region 9 Patti TenBrook, EPA Region 9 Debra Denton, EPA Region 9 Eugene Bromley, EPA Region 9 Erin Foresman, EPA Region 9

Richard Breuer , California State Water Resources Control Board Tom Mumley, California Regional Water Quality Control Board, San Francisco Bay Regio n Janet O'Hara, Californ ia Regional Water Quality Control Board, San Francisco Bay Region Daniel McClure, California Regional Water Quality Control Board, Central Valley Region Tessa Fojut, California Regional Water Quality Control Board, Central Valley Region Jowin Cheung, Calif ornia State Water Resources Control Board Charles Cheng, California Regional Water Quality Control Board, San Diego Region Mary Fiore

- Wagner, California Regional Water Quality Control Board, Lahontan Region Johnny Gonzales, California State Water Resour ces Control Board Paul Hann, California State Water Resources Control Board Peter Meertens, California Regional Water Quality Control Board, Central Coast Region Jenny Newman, California Regional Water Quality Control Board, Los Angeles Region

Amanda P alumbo, California State Water Resources Control Board Jodi Pontureri, California State Water Resources Control Board Terri Reeder, California Regional Water Quality Control Board, Santa Ana Region James Smith, California Regional Water Quality Control Board, San Diego Region Doug Wylie, California Regional Water Quality Control Board, Colorado River Region Ben Zabinsky, California Regional Water Quality Control Board, North Coast Region Man Voong, California Regional Water Quality Control Board, Los Angeles Region Kelly D. Moran, Urban Pesticide Pollution Prevention Partnership CASQA Board of Directors, Executive Program Committee and CASQA Pesticides

Subcommittee