Notice of Hearing on the Application to Use Sodium Fluoroacetate ...

I
ilpon :uhich tk 1972 order m i 5a;ed jh~~ld it be considered apnrocriacp 3r
qesir:oi? to do so.
Counsel fai 1 to sxp1ai n how ! Ssuas such as ,,%/hether :bs2 rj jk cf
grinary and secondary poisoning were overesiimatad in I372 can be addressed
absent consideratian o f pre-1972 evidence concerning the impact o f 1C80
on ncn-targst wi ldl iie. >!oreover, by focusing on the "newly 2iscovered
evidence" requirement <strong>of</strong> 164.131 (a), which is the requirement t o hold a
hearing , i nsuiii ci ent a tten~i on i 5 given to the 1 anguage <strong>of</strong> 15d. 7 32 (a)
providrng in pertinen: ?arr "The det~rnination <strong>of</strong> these ijsiies ;hal! te
iilaae taking in10 account the human and envircnrnenxal risks found by the
Adrninistraior in his cancGllation or suspensjon deterninaticn and rhe
cumul ati ve eiiect <strong>of</strong> a1 l oast and presenz ~ ses , i ncl udi ng the requested --/-
US~, * * -. I' (emphasis suopl id). The cxrnulaiive effect <strong>of</strong> ai: ~ast
and present lses can nardiy b? properly iddressed by 1 ri~id lim~tarfcn
concerning evidence available only since 1972.
Counsel's concern that scarce agency r2sources ?/ill be ,vastld
in r2litigating issues previously litigated and detemined is understandable,
but unwarranted. Since the issuance <strong>of</strong> the suspension and cancellation
order in 1972, the Agency has previously denied applications for registration
<strong>of</strong> 1080 and it is clear that applications deemed not meritorious may be
deniee i n accordance with 40 CFR 164.131 without a public hearing. This
provides ample authority to preclude the necessity <strong>of</strong> holding a public
hearing where substantial new evidence which may materially effect :he
prior suspension or cancellation order in accordance with the cited
section has not b~:n subrpi ttod. Y~r-roo~, :./en if a ;r;bl< hearing is
granted, the Administrator controls the issues to be adjudicated therein