Atrazine Effects Determination for the Barton Springs Salamander

August 21 - EPA has met the first court-ordered deadline pursuant to a Settlement Agreement signed on August 22, 2005, with the Center for Biological Diversity and the Save Our Springs Alliance. The Agency is releasing its effects determination for atrazine as it relates to the Barton Springs salamander. EPA has concluded that atrazine is "not likely to adversely affect" the Barton Springs salamander. This is the first effects determination made under the provisions of the Fish and Wildlife Service's (FWS) and National Marine Fisheries Service's (jointly, Services') Counterpart Regulations.

The atrazine effects determination and other related documents are available at http://www.epa.gov/oppfead1/endanger/effects/. The Settlement Agreement in the Barton Springs salamander case is available at http://www.epa.gov/oppfead1/cb/csb_page/updates/bartons-agreemt.htm .

As background, on January 26, 2004, the Center for Biological Diversity and the Save Our Springs Alliance (jointly, plaintiffs) filed a lawsuit in federal district court for the District of Columbia alleging that EPA failed to comply with sections 7(a) (1) and 7(a)(2) of the Endangered Species Act (ESA) (CBD v. EPA, Case No. 1:04-cv-00126-CKK - District Court for the District of Columbia). The federal government negotiated a settlement in this case that committed the Agency to review the potential effects of six pesticide active ingredients on the endangered Barton Springs salamander and if adverse effects are expected, to initiate "consultation" with FWS under provisions of the ESA.

To determine atrazine's potential to affect the Barton Springs salamander, the Agency reviewed all available information (including species life history information, species range, toxicity data, and atrazine use information, among other things). The risk assessment and effects determination were conducted consistent with EPA's "Technical Overview of the Risk Assessment Process," (Overview Document) meaning that EPA has fulfilled its obligations under the Counterpart Regulations and does not need to enter into further consultation with FWS.

The Services have reviewed EPA's risk assessment process for endangered species and concluded that EPA can make "not likely to adversely affect" determinations without any further consultation, when that risk assessment is performed consistent with the procedures outlined in the Overview Document. If EPA determines that a pesticide is "likely to adversely affect" a species, EPA still must then enter into formal consultation with the Services.

The next deadline under this settlement agreement is May 2007, by which EPA must make effects determinations for two additional pesticide active ingredients.




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