Monthly Archives :

April 2018

CPDA Adjuvants & Inerts Conference to Feature Key Experts on Major Topics in Agrotechnology

The CPDA Annual Adjuvants & Inerts Conference – Agrotechnology Challenges in Today’s Ever-Changing Market – will provide attendees unique opportunities to hear from experts from around the nation about trends and developments shaping the current state of the agrotechnology industry. The program features presentations and panel discussions on a range of key topics, including how changes to the California’s Proposition 65 labeling requirements, which go into effect August 30, 2018, could affect many pesticide and adjuvant labels. Inert products used in adjuvant or pesticide formulations could be also be subject to the label changes.

In March, as part of the Council’s Regulatory Conference, CPDA members met with officials at the EPA Office of Pesticide Programs to discuss, among other issues, how the Agency was preparing to handle potential changes that could affect pesticide labels and seek guidance for the regulated community on how to comply with dual requirements of federal and state regulators. At the 2018 conference, Dr. Renee Pinel, President of the Western Plant Health Association, will continue to highlight this important issue and provide conference attendees an understanding of what needs to be done to meet the new requirements for a proper Proposition 65 label warning.

Other key topics to be featured at this year’s conference include:

  • “Biostimulant” Regulations in the United States and Canada
  • Drift Reduction Technology
  • Auxin Herbicides and Weed Resistance Management
  • Rhizosphere Engineering – Innovative Approach to Influence Soil Health
  • The Organic Materials Review Institute Program
  • Advancements in Tank Cleaning Technology

This year’s keynote speaker will be Dr. Matthew Phillips, a well-known authority on the agricultural chemicals industry, whose address will discuss how companies are navigating and re-positioning themselves to remain competitive amid the many multi-national corporate mergers and consolidations taking place today. The full conference program can be viewed here.

CPDA will host two conference receptions on the evenings of May 1st and 2nd, as well as a CPDA-PAC sponsored golf tournament on May 1st at Canyon Springs Golf Club, located just 20 minutes from the San Antonio River Walk. For more information about the golf, please contact CPDA Director of Legislative Affairs, Don Davis at  ddavis@cpda.com  or (202) 386-7407. CPDA will not have a Sporting Clay Shooting networking option for May 1st, due to the unavailability of multiple locations.

The 2018 A&I Conference is made possible through the generous sponsorships of companies including:

Huntsman Performance Products, Helena Agri-Enterprises, Stepan Company, Chemorse, Oxiteno USA, LLC, Oleon, Precision Laboratories, LLC, AkzoNobel Surface Chemistry, KALO Inc, Croda Inc, Evonik Corporation, Dow Crop Defense, Clariant Corporation, Exacto Inc, Albaugh Inc., and Brandt Incorporated.

For information and further details about the conference program and sponsorship opportunities, please contact CPDA Director of Regulatory Affairs Sylvia Palmer at spalmer@cpda.com or (202) 386-7407.  You may also visit the conference registration page here.

We look forward to seeing you in San Antonio!

House Version of Farm Bill Includes PRIA and NPDES Provisions

On April 12, 2018, Representative Mike Conaway (R-TX), Chairman of the House Committee on Agriculture, introduced H.R. 2, the “Agriculture and Nutrition Act of 2018,” also known as the Farm Bill.  As written, H.R. 2 contains two provisions strongly supported by CPDA – namely, it would enact into law H.R. 1029, the “Pesticide Registration Enhancement Act” which provides a long-term reauthorization of PRIA along with an increase in maintenance fees, an adjustment in registration service fees as well as product category/review times, and eliminates the existing constraint on spending maintenance fees without matching appropriation dollars as contained in current PRIA.  H.R. 2 also includes language that would amend FIFRA and the Federal Water Pollution Control Act (the Clean Water Act) to prohibit EPA or a state from requiring an additional permit under the Clean Water Act for a discharge of a pesticide from a point source into navigable waters of the United States.  This provision in the Farm Bill to eliminate the National Pollutant Discharge Elimination System (NPDES) permit for FIFRA registered pesticides is similar to language in H.R. 953, the “Reducing Regulatory Burdens Act.”

CPDA has been a strong proponent of both H.R. 1029 and H.R. 953 and has engaged in extensive lobbying efforts in building a broad base of support for each of these legislative initiatives in the 115th Congress.  CPDA will continue its efforts in seeking enactment of these provisions as part of the next Farm Bill and will keep its members informed of further developments as they occur.  Should you have any questions, please contact CPDA Director of Legislative Affairs Don Davis at ddavis@cpda.com or call CPDA’s office at (202) 386-7407.

The following is a brief recap of activity surrounding H.R. 1029 and H.R. 953.

PRIA Reauthorization (H.R. 1029)

As reported previously, H.R. 1029 (“PRIA 4”) was passed by the House on March 20, 2017 under a suspension of the rules and would extend EPA’s ability to collect maintenance fees through 2023 at $31 million/year (current maintenance fees are set at $27.8 million/year).  The bill would also allow EPA to average across years to correct for over or under collection of maintenance fees.  In addition, the measure provides for an increase in the maintenance fee cap for large and small businesses and it continues the current prohibition on the imposition of tolerance fees as well as any other registration fee not specifically authorized by PRIA through fiscal year 2023.

In its other provisions, PRIA 4 provides for a set-aside of between 1/9 and 1/8 of maintenance fees collected for the review of inert ingredient submissions and me-too pesticide applications.  The measure also adjusts registration service fees and decision review times for product submissions subject to PRIA and provides for two 5% increases in registration service fees during the effective period of the statute.  Finally, H.R. 1029 would remove the existing prohibition in PRIA which bars EPA from spending maintenance fees without a matching appropriation thus allowing the Agency better access to carryover maintenance fee funds that have built up partially due to this restriction.  The removal of this limitation would free up additional resources to be spent on such activities as the Agency’s obligation under registration review to complete decisions on 725 chemical cases by October 1, 2022.

Elimination of NPDES Permitting Requirements (H.R. 953)

H.R. 953, the “Reducing Regulatory Burdens Act,” would amend FIFRA and the Clean Water Act to eliminate the requirement to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the application of FIFRA registered pesticides in, over, or near waters of the United States.  The measure, which passed the House on May 24, 2017 by a vote of 256-165 under a suspension of the rules, would overturn a 2009 U.S. Sixth Circuit Court of Appeals decision in National Cotton Council v. EPA which required the Agency to establish a federal permitting system for the application of pesticides on, over or near navigable waters subject to Clean Water Act jurisdiction.  The bill also clarifies Congressional intent that NPDES permits are not required for lawful pesticide applications and shields pesticide users from litigation arising from the use of registered but unpermitted pesticides.  The legislation adopted by the House was referred to the Senate Committee on Environment and Public Works where it awaits further action as S. 340.  CPDA has been a strong advocate of this measure and has written numerous letters to members of Congress and participated in a series of lobbying visits in seeking to advance this measure through the legislative process.