Chemistry Council Files Lawsuit Challenging EPA Antimicrobial Data Requirement Rule

By Patrick Ambrosio

 

The American Chemistry Council filed a lawsuit in federal appeals court challenging new data requirements for antimicrobial pesticides (American Chemistry Council v. EPA, D.C. Cir., No. 13-01207, 7/3/13).

The industry group filed a petition July 3 with the U.S. Court of Appeals for the District of Columbia Circuit requesting review of the Environmental Protection Agency's May 8 rule revising registration data requirements for antimicrobial products, which are used to disinfect or sanitize, and as ingredients in coatings, paints, and wood preservatives. Approximately 60 percent of antimicrobial products are registered to control public health pests, according to EPA.

The rule, which was issued following an 18-month review by the White House Office of Management and Budget, codified 11 new data requirements for antimicrobials, including data derived from developmental neurotoxicity, immunotoxicity, and soil residue dissipation studies (37 CRR 560, 5/13/13).

EPA estimated that the revised antimicrobial requirements, which are at 40 C.F.R. Part 158, will cost industry an additional $8.2 million annually compared with the baseline cost of the previous data requirements.

The petition was filed under Section 16(b) of the Federal Insecticide, Fungicide, and Rodenticide Act, which allows parties who will be “adversely affected” by an EPA order to file a petition in federal appeals court requesting that all or part of an order be set aside. That law required the petition to be filed within 60 days of the rule being issued.

EPA, which implemented a mandatory furlough day for its employees July 5, did not respond to a request for comment on the lawsuit. The agency typically does not comment on pending litigation.

The American Chemistry Council did not respond to a request for comment on its reasons for challenging the rule.

By Patrick Ambrosio


The petition for review in American Chemistry Council v. EPA is available at http://www.bloomberglaw.com/public/document/American_Chemistry_Council_Inc_v_Environmental_Protection_Agency_.