From all indications, 2010 will be a busy year. Initiatives headed our way this year from EPA's Office of Prevention, Pesticides and Toxic Substances (OPPTS) are set forth below. The momentum and positions the Obama Administration took in 2009 are likely to become greater and more solidified in 2010 as a number of critical issues are addressed.

Big picture observations

EPA as a whole continues to exhibit a desire to be the "un-Bush," i.e. decisions or policies that originated with Bush Administration appointees appear to be regarded as presumptively inadequate. Administrator Jackson's has repeated said, "the cop is back on the beat." The decision by the office's toxic arm to take a fresh look at new versus existing policy, and the "superseding" of the Chemical Assessment and Management Program (ChAMP) are other examples. The pesticide arm's review of atrazine is yet another. Another clear indication of this is in the air arena, namely Jackson's signing of the two endangerment findings under the Clean Air Act on Dec. 7, 2009.

Chemical management priorities

Jackson often emphasizes her priorities, which include chemical reform, environmental justice and transparency, among others. Expect the toxic and pesticide initiatives of 2010 to promote these priorities in significant ways. Her issuance on Dec. 30, 2009, of new regulatory risk management chemical action plans on certain chemical substances is a reflection of the Administration's commitment to reform domestic chemical management. What process is followed in refining them in response to public comment, and how these plans are implemented, will be a test of Jackson's commitment to transparency.

Most recently, the announced policy of subjecting certain new Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) registration decisions to public comment before making a final determination may prove controversial – particularly if FIFRA policy has a significant impact on the ability of the pesticide program to meet its Pesticide Registration Improvement Act deadlines.

Continued emphasis on transparency also could lead to reviewing policies that underpin confidential business information (CBI) claims in both OPPTS programs. Renewed concerns about the scope of CBI claims asserted under the Toxic Substances Control Act (TSCA) by proponents of TSCA reform almost certainly will play out in legislative actions intended to limit the ability to assert CBI protections.

Last May, Jackson expressed interest in streamlining and making more transparent the Integrated Risk Information System (IRIS) chemical assessment process. How the IRIS reforms play out in 2010, particularly with new Assistant Administrator Paul Anastas finally confirmed and in place, remains to be seen.

EPA also announced on Dec. 22, 2009, the start of a rulemaking process to require disclosure of inert ingredients in pesticide formulations – historically a very controversial issue, and a topic on which there is likely to be significant dispute.

2010 is an important year for the Inventory Update Rule (IUR). Inorganics were previously exempted from Part III reporting requirements, but will be required to report for calendar year 2010 during the next reporting period, June 1 through Sept. 30, 2011. Now is the time to consider how best to collect information throughout 2010 to facilitate compilation of the data. Also, petitions for partial exemption should be addressed in 2010. "Chemicals of low current interest" may be exempt from reporting, but it is unclear how EPA will define "low current interest." PE