40 C.F.R. § 154.7

Criteria for initiation of Special Review

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(a) The Administrator may conduct a Special Review of a pesticide use if he determines, based on a validated test or other significant evidence, that the use of the pesticide (taking into account the ingredients, impurities, metabolites, and degradation products of the pesticide):

(1) May pose a risk of serious acute injury to humans or domestic animals.

(2) May pose a risk of inducing in humans an oncogenic, heritable genetic, teratogenic, fetotoxic, reproductive effect, or a chronic or delayed toxic effect, which risk is of concern in terms of either the degree of risk to individual humans or the number of humans at some risk, based upon:

(i) Effects demonstrated in humans or experimental animals.

(ii) Known or predicted levels of exposure of various groups of humans.

(iii) The use of appropriate methods of evaluating data and relating such data to human risk.

(3) May result in residues in the environment of nontarget organisms at levels which equal or exceed concentrations acutely or chronically toxic to such organisms, or at levels which produce adverse reproductive effects in such organisms, as determined from tests conducted on representative species or from other appropriate data.

(4) May pose a risk to the continued existence of any endangered or threatened species designated by the Secretary of the Interior or the Secretary of Commerce under the Endangered Species Act of 1973, as amended.

(5) May result in the destruction or other adverse modification of any habitat designated by the Secretary of the Interior or the Secretary of Commerce under the Endangered Species Act as a critical habitat for any endangered or threatened species.

(6) May otherwise pose a risk to humans or to the environment which is of sufficient magnitude to merit a determination whether the use of the pesticide product offers offsetting social, economic, and environmental benefits that justify initial or continued registration.

(b) In making any determination that a pesticide use satisfies one of the criteria for issuance of a Special Review specified by paragraph (a) of this section, the Administrator shall consider available evidence concerning both the adverse effect in question and the magnitude and scope of exposure of humans and nontarget organisms associated with use of the pesticide.

Notes of Decisions

Cited in 4 cases, 1989–2019 · leading case: Friends Animals v. U.S. Envtl. Prot. Agency, 383 F. Supp. 3d 1112 (D. Or. 2019).

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Friends Animals v. U.S. Envtl. Prot. Agency, 383 F. Supp. 3d 1112 (D. Or. 2019). · cites it 7× “40 C.F.R. § 154.7 (a) (identifying six criteria for EPA Administrator to consider).”

Nat. Resources Def. Council v. Johnson, 422 F. Supp. 2d 105 (D.D.C. 2006). “5 40 C.F.R. § 154.7 . “Through this informal review, the Agency examines the risks and benefits of these pesticides, and determines what regulatory actions to take to reduce risks.”

Defenders of Wildlife v. Adm'r, Env't Prot. Agency, 882 F.2d 1294 (8th Cir. 1989). “, 40 C.F.R. § 154.7 (a)(3H5) (1987); EPA Exhibit 265 at ii (Position Document 4) (acknowledging that “[t]he protection of endangered species is critical to [EPA] decisions”).”

Ellis v. Housenger, 252 F. Supp. 3d 800 (N.D. Cal. 2017). “10 ; see also 40 C.F.R. § 154.7 (identifying "criteria for initiation of Special Review”).”

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