Public Availability of Identities of Inert Ingredients in Pesticides; Advance Notice of Proposed Rulemaking

April 23, 2010 American Coatings Association (ACA) Comments on Advance Notice of Proposed Rulemaking (ANPR) Public Availability of Identities of Inert Ingredients in Pesticides 74 Fed. Reg. 68215 (December 23, 2009) EPA Docket No. EPA-HQ-OPP-2009-0635 April 23, 2010 The U.S. Environmental Protection Agency (EPA) is seeking comment on options for increasing public disclosure of all inert ingredients in pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA's Advance Notice of Proposed Rulemaking (ANPRM) was published in the Federal Register on December 23, 2009, and a 90-day extension of the comment period was granted petitioners from February 22, 2010 to April 23, 2010. The American Coatings Association (ACA) is submitting comments concerning the above referenced ANPRM. ACA is a voluntary, nonprofit trade association working to advance the needs of the paint and coatings industry and the professionals who work in it. The organization represents paint and coatings manufacturers, raw materials suppliers, distributors, and technical professionals. ACA serves as an advocate and ally for members on legislative, regulatory and judicial issues, and provides forums for the advancement and promotion of the industry through educational and professional development services. ACA members that manufacture paint and coatings products that also must be registered with the EPA due to their pesticide properties are greatly affected by this ANPRM seeking to require disclosure of inert ingredients in a manner not contemplated or supported by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The Agency's Stated Rationale EPA believes disclosure of inert ingredients on product labels is important to consumers who want to be aware of all potentially toxic chemicals, both active and inert ingredients, in pesticide products. EPA explains this position with two assertions: •Disclosure will assist consumers and users of pesticides in making informed decisions. When ingredients are identified on product labels, as are ingredients in packaged food and cosmetics, consumers can choose to purchase products that meet their personal preferences. •It is likely that pesticide manufacturers (called "registrants") who currently use more toxic inert ingredients in their pesticide products will in the future choose less toxic ingredients in order to meet consumer preferences. While one could argue with the agency's basic position that disclosure would affect consumer choice and, in turn product availability, more importantly the agency has not adequately accounted for the fact that additional information on formulated products, including registered pesticides, is generally available to consumers as a result of requirements under a number of other statutes. More importantly, FIFRA's statutory standard for disclosing an inert ingredient is risk and not hazard-based. To follow this, EPA must first consider the amount of an inert ingredient in a particular pesticide product and the potential route of human exposure. Only then can an actionable finding be made on whether or not an inert ingredient poses an unreasonable risk of injury to man or the environment. The Unique Nature of Paint and Coatings Products as Registered Pesticides EPA alludes in the ANPR to the fact that "mandatory inert ingredient disclosure could have potential negative effects on innovation in the pesticide market. Producers of pesticides invest in developing formulations that are effective. Public disclosure of ingredients could give competitors the ability to improperly access and ''free ride'' on another company's investment in research and development required to bring a pesticide product to the market. The presence of such ''free riders'' could deter further investments needed to bring new, improved products to the market in the future." ACA agrees with these agency assertions regarding potential adverse impacts on…