News

CPDA Seeks Delay of WSDA’s Proposal for Functioning Agents in Adjuvant Formulations

On September 21, 2018 CPDA in collaboration with the Far West Agribusiness Association (FWAA) sent a letter to WSDA requesting that the agency temporarily delay the implementation of its proposed plan to establish synonym names for principal functioning agents used in spray adjuvant formulations. WSDA had recently shared with CPDA their intent to develop Principal Functioning Agent text for spray adjuvant ingredients that would be acceptable to both the agency and registrants, with the goal of updating information for all existing ingredients in their database by the end of 2018.

CPDA and FWAA signaled that implementation of this initiative before industry has had an opportunity to thoroughly vet the plan and provide input to the Department would be premature. Both groups cited concerns related to Confidential Business Information (CBI) protections that could possibly be eroded under the Department’s proposed use of synonym names.

In the joint industry letter sent to Kelle Davis of the WSDA Pesticide Management Division, CPDA and FWAA emphasized that the process would force the disclosure of CBI for products registered by WSDA. Both associations urged WSDA to continue the registration of new adjuvants in accordance with current practice, pending industry’s review of the naming proposal so as to avoid a potential backlog of products awaiting Department approval.

CPDA has established a work group to review the WSDA list in order to develop recommendations that would ensure the continued protection of CBI. All CPDA members are invited to participate on this work group. For more information, please contact CPDA Director of Regulatory Affairs Sylvia Palmer (spalmer@cpda.com) or call (202) 386-7407.

The Value of CPDA Membership

CPDA is the preeminent U.S.-based industry trade association supporting the interests of the agricultural adjuvants and inert ingredients industry, and manufacturers, formulators and distributors of post patent pesticides and other agrotechnology products through its robust legislative and regulatory affairs programs.  The core of CPDA’s mission is built on the realization that issue priorities can differ significantly depending on whether your company is a producer, formulator/distributor, or an adjuvant/inert ingredient supplier.  Each of these segments within the agrotechnology industry faces a unique set of challenges in retaining a competitive edge in the marketplace.

To better position ourselves for the future, CPDA has charted a new strategic path with the goal of ensuring that the legislative and regulatory issues faced by each of these industry segments – producers, formulators/distributors, and adjuvant/inert ingredient suppliers – continue to be made a priority and receive the attention necessary for these companies to thrive in an ever-changing and competitive market. As a member of CPDA, companies have the opportunity to participate on one or more of three groups being established that will focus on the legislative and regulatory issues and needs germane to each of these individual market segments. This approach will empower member companies by giving them ownership over the issues applicable to the industry segment in which they do business and provide them the means to become “part of the solution.”

This new structure will assist CPDA in more effectively serving as the industry voice and advocate for uniquely challenging issues specific to the agrotechnology industry – issues that other agricultural chemical trade associations simply do not address. Membership in the Council provides companies a “seat at the table” in advocating for policy changes that impact their operations and protect their interests.  When an issue suddenly arises that affects a segment of our membership, CPDA responds by directing staff and member expertise to resolve the problem.  For an individual company to attempt problem resolution, the costs could be prohibitive and the effort ultimately unsuccessful.  As a trade organization, CPDA is well positioned to represent a large group of impacted companies and to speak as one voice for the agrotechnology industry on critical policy matters.  Past experience has proven that the voice of the association has been heard and addressed by the EPA, OSHA and state agencies.

CPDA’s activities in defending the interests of its members focuses on engaging state and federal legislators to shape new or existing legislation to the desired outcome; collaborating with agency personnel to inform the regulatory decision-making process; drafting and submitting comments on proposed rules and legislation; and advocating for favorable public policy. The following are just a few examples of the issue priorities that CPDA has devoted its time and resources to in representing the interests of its members in the federal and state policy arenas:

  • CPDA has engaged extensively with OSHA on advocating for changes to the Hazard Communication Standard (HCS 2012) that would stipulate that sealed containers in warehouses would not have to be relabeled based on new hazard information if an updated label is transmitted electronically to downstream entities as is allowed for updated safety data sheets.  CPDA has voiced its concerns to OSHA that distributor warehouses are not equipped to safely relabel sealed product containers and that this requirement would subject warehouse workers to unnecessary health and safety risks.

 

  • CPDA continues to work in strong support of enactment of legislation that would provide a long-term reauthorization of PRIA. The PRIA category fees and review timelines important to our member are established under PRIA ensure that decisions on pesticide product and inert ingredient submissions are made by EPA on a timely basis.  This provides companies the certainty they need in planning for the demands of the growing season. CPDA’s efforts played an important role in the inclusion of PRIA as part of the House and Senate Farm Bills. With current Farm Bill programs set to expire on September 30, 2018, the House and Senate majority leadership are hoping to complete work on a conferenced bill very shortly. CPDA is collaborating with its allied trade association partners on the PRIA Coalition to ensure the PRIA language remains in the final Farm Bill.

 

  • CPDA has devoted considerable resources in seeking the elimination of the duplicative Clean Water Act permitting requirement for FIFRA registered pesticides applied in, over or near waters of the United States. The Council was successful in securing the inclusion of language, known as the National Pollutant Discharge Elimination System (NPDES) provision, in both the current versions of the House and Senate passed Farm Bills that would obviate the need for this redundant permit for the lawful application of pesticides.

 

  • CPDA continues to meet with EPA staff on a variety of pesticide drift issues, and recently developed a set of recommendations on possible changes to the Agency’s Drift Reduction Technology (DRT) verification test protocol, a key component of the star rating aspect of the DRT Program. CPDA remains committed to working with EPA on pesticide drift and educating Agency staff on tank-mix adjuvants and the nature of pesticide formulations.

 

  • CPDA is actively engaged on key state issues including the pending changes to product label warning requirements slated to go into effect at the end of August 2018 under California Proposition 65. CPDA recently joined with several other industry trade associations in submitting comments to California’s Office of Environmental Health Hazard Assessment (OEHHA) voicing concerns that the proposed Proposition 65 safe harbor warning requirements conflict with EPA requirements for pesticide labeling under FIFRA. CPDA and the other groups objected that the Proposition 65 warning requirement on a FIFRA-registered product would contradict EPA approved precautionary language and use directions. Moreover, this requirement could serve as a precedent for other states to follow thereby leading to confusion not only within industry, but for consumers and state regulators as well. CPDA continues to work with its allied trade association partners to resolve the dilemma that would be created under the pending Proposition 65 product label warning requirements.

 

  • CPDA continues to collaborate with Washington State Department of Agriculture (WSDA) regulators in expressing the serious concerns of its member companies with the department’s notice to adjuvant registrants regarding inert ingredient disclosure. CPDA has objected that the increased specificity would compromise the identity of many products that adjuvant producers sell.

 

  • In June 2018, CPDA met with representatives of EPA’s Office of Pesticide Programs (OPP) to discuss reports received from member companies suggesting that the Agency is routinely failing to meet its PRIA timelines for the review of inert ingredient submissions despite EPA’s assertion to the contrary. CPDA remains fully engaged on this issue and continues to solicit member feedback on their experience with the registration process. The goal is presenting a set of final recommendations to the Agency aimed at facilitating the timely review of inert ingredient applications and reducing the number of renegotiations that are taking place with apparently increased frequency.

 

These are just a few examples of what CPDA is doing on behalf of its members whose businesses are aligned with one or more of the three industry segments described here.  Our goal is to focus on issues and policy germane to our members while collaborating with aligned associations to have a powerful, consistent message to the agencies.

As we strive to effectively advance our industry’s mission and ensure critical regulatory and legislative policies are science based and equitable, we seek to recruit and retain a critical mass of companies looking to succeed in the U.S. agricultural chemical marketplace.  To ensure your voice is heard during the development of new public policy and when current public policy threatens the economic success and viability of your company and the industry, we need your continuing support and the support of others as the resource base for the Council’s work.  Participation and involvement of our members is the bedrock upon which we build our advocacy efforts – whether in the halls of Congress, with key federal and state agencies, or through collaborations with allied partners in the agrotechnology industry.

 

Presentations from CPDA 2018 Summer Conference & Annual Meeting Now Available

The beautiful skyline of downtown Chicago was the backdrop of the 2018 CPDA Summer Conference & Annual Meeting.

CPDA concluded its very successful 2018 Summer Conference & Annual Meeting held July 16-18 at the Omni Chicago Hotel in Chicago, Illinois. The highlight of this year’s program was a comprehensive discussion of the “new” CPDA and the value the organization provides to its members, specifically how Council membership enhances the representation of producers, formulators/distributors, and adjuvant/inert ingredient suppliers on state and federal legislative and regulatory issues specific to each of these market segments.

CPDA Interim President Gary Halvorson began the discussion with an overview of how CPDA is well equipped to provide a collective voice to each of these industry segments in responding to the many complex issues brought about by changes in the marketplace over the past two decades. CPDA Board members Tim Stoehr (Albaugh LLC), Tim Dlabaj (Helena Agri-Enterprises), and Scott Tann (Huntsman Performance Products) shared their thoughts with meeting attendees on how the “new” CPDA is uniquely positioned to advocate on legislative and regulatory issues germane to the business operations of generic producers, formulators/distributors, and adjuvant/inert ingredient suppliers, respectively. The CPDA Board members emphasized that membership in the Council provides these companies “a seat at the table” in ensuring their interests are protected on policy matters impacting their operations. They encouraged member company representatives to devote their time and talent through participation on CPDA committee and work groups and to become “part of the solution.”

The CPDA Summer Conference & Annual Meeting speakers program also addressed an array of other important topics including challenges encountered in the inert ingredient approval process under FIFRA, issues surrounding the registration of agricultural adjuvants in the state of Washington, the latest on pending changes to product label warning requirements under California Prop 65, the legislative outlook for the reauthorization of PRIA and the Farm Bill, a discussion of how advancements in adjuvants are helping to mitigate such problems as pesticide drift and weed resistance, as well as other issues of critical importance to the agrotechnology industry.

CPDA Holds Annual Awards Banquet at the Summer Conference & Annual Meeting

On the evening of Tuesday, July 17th, conference attendees gathered at Chicago’s famed Signature Room on the 95th in the John Hancock Building for the annual CPDA Awards Banquet. This is an event held every year during which CPDA recognizes individuals in honor of an achievement, contribution or service provided to the Council or industry. The Awards Banquet is a celebration of the important accomplishments of these individuals that have led to the many important milestones in the agrotechnology industry that exist today. Presiding over this year’s ceremonies was Gary Groves, Solvay.

Jim Reiss, Precision Laboratories (right), congratulates Dr. Donald Penner, recipient of the Warren E. Stickle Lifetime Achievement Award.

Among this year’s award recipients was Dr. Donald Penner from Michigan State University who was given the CPDA “Warren E. Stickle Lifetime Achievement Award.” The award highlighted Dr. Penner’s distinguished academic career, personal development of future weed scientists, patents and revolutionary industry contributions on the effect of adjuvants on the mechanism, and properties, fate and transport of herbicide formulations in the control of weeds.

Gary Groves, Solvay (right), presents the Service to the Council Award to Dr. Joe Gednalske, Winfield United.

The “Service to the Council Award” was bestowed upon Dr. Joe Gednalske, Winfield United, LLC, for his many contributions over the years in support of CPDA’s representation of manufacturers of spray tank adjuvants.

The “Outgoing Chairman Award” was presented to Dave Allen, Stepan Company, for his steadfast leadership, guidance and vision in transitioning the Council to a “new” and stronger CPDA.

Steve Solarski, AkzoNobel Surface Chemistry, LLC, was recipient of the “Service to the Board Award” for his many years of dedicated service as a member of the CPDA Board of Directors.

Please join us in congratulating this year’s CPDA awards honorees!

CPDA Chairmanship Changes Gavels at the Summer Conference & Annual Meeting

Dave Allen (right), passes the Chairman’s gavel to Jim Reiss.

The conclusion of the 2018 CPDA Summer Conference & Annual Meeting Awards Banquet marked the passing of the gavel from Outgoing Chairman Dave Allen (Stepan Company) to Jim Reiss (Precision Laboratories, LLC).

The CPDA staff looks forward to working with Jim in his new role as Chairman over the coming year as we continue to advance the work of Dave Allen and other members of the Board of Directors in building a new and even more robust CPDA.

CPDA Thanks the Sponsors of the 2018 Summer Conference & Annual Meeting!

 CPDA would like to extend its sincere thanks to the sponsors of the 2018 Summer Conference & Annual Meeting. Sponsorship plays a crucial role in enhancing the quality and value of CPDA meetings. Please join us in recognizing the following companies for their generosity in sponsoring this year’s summer meeting:

Diamond Level:  Chemorse; Huntsman Performance Products

Gold Level:  Adjuvants Unlimited, LLC; Albaugh, Inc.; Helena Agri-Enterprises; KALO; Precision Laboratories, LLC; and Stepan Company

Silver Level:  Exacto Inc.; Rosen’s Inc.; and Stillmeadow, Inc.

 

 

Speaker Presentations

The speaker presentations from the 2018 CPDA Summer Conference & Annual Meeting may be accessed by clicking the links below.

“Introducing the New CPDA,” Gary Halvorson, CPDA

“Value of CPDA Membership – Producers,” Tim Stoehr, Albaugh Inc.

“CPDA Value to Distributors,” Tim Dlabaj, Helena Agri-Enterprises

“The Adjuvant and Inert Committee:  Driven by Dynamic Change,” Scott Tann, Huntsman Performance Products

“Challenges in EPA’s Inert Ingredient Approval Process Under FIFRA,” Michael T. Novak, Keller and Heckman LLP

“Concepts for a Spray Quality Program:  A Slight Paradigm Shift,” Greg Grant, Croda

“CPDA Certified ‘DRA’ Program Proposal,” Susan Sun, Croda

“WSDA Adjuvant Registration:  Issues and Actions,” Gary Halvorson, CPDA and Lynn Georges, Brandt

“Volatile Organic Compound Update – California DPR Regulations,” Dave Lawson, Western Plant Health Association

“California Proposition 65 Update,” Dave Lawson, Western Plant Health Association

“Proposed Amendments to California’s Proposition 65 ‘Safe Harbor’ Warning Regulations,” Doreen L. Manchester, CropLife America

“CPDA Legislative Issues,” Don Davis, Esq., CPDA

“New Challenges for Tank Mix Adjuvants,” Joe Gednalske, Winfield United, LLC

“Sundry Studies Related to Weeds at WIU,” Mark Bernards, Western Illinois University

“Dicamba 2018:  Hope Meets Reality,” Bryan Young, Purdue University

 

Scenes from the 2018 CPDA Summer Conference & Annual Meeting

CPDA thanks all those who attended!

CPDA Joins with Allied Industry Partners in Commenting on Proposed Changes to Proposition 65 Product Label Warning Requirements

On July 5, 2018, CPDA joined with CropLife America, Responsible Industry for a Sound Environment (RISE), and the Household Commercial Products Association (HCPA) in submitting comments to California’s Office of Environmental Health Hazard Assessment (OEHHA) regarding pending changes to product label warning requirements under California Proposition 65. The proposed changes are scheduled to go into effect on August 30, 2018. CPDA and the other groups voiced concerns that the proposed Proposition 65 safe harbor warning requirements conflict with EPA requirements for pesticide labeling under FIFRA and objected that the Proposition 65 warning requirement on a FIFRA-registered product would contradict EPA approved precautionary language and use directions.  The groups argued that the proposed changes do not address the primacy of FIFRA labeling requirements which “foster uniformity in warnings throughout the United States and relieve interstate producers from duplicative burdens to obtain multiple approvals from state and federal agencies.”

Moreover, CPDA and the other groups emphasized that an EPA decision to register a product is “tantamount to a determination that the exposure to a Proposition 65-listed chemical from the use of that product in a manner consistent with the labeling precautions and instructions for use does not reach the level of exposure that would require a Proposition 65 warning.  CPDA and the others pointed out that given the risk-based nature of the FIFRA registration scheme and its label-warning system, a Proposition 65 warning on the label of a product “implicitly contradicts not only the use instructions and precautionary statements that FIFRA requires and U.S. EPA has approved, but also the registration itself.”

The groups also raised concerns that the competing Proposition 65-specific warning requirements could serve as a precedent for other states to follow thereby leading to confusion not only within industry, but for consumers and regulators as well.  CPDA continues to work with its allied trade association partners and provide additional input to California regulators and EPA in seeking to resolve the dilemma that would be created under the pending Proposition 65 product label warning requirements. To access a copy of the joint industry comments, please click here.

House and Senate Passed Farm Bills Contain CPDA Supported PRIA and NPDES Language

On June 28, 2018, the U.S. Senate passed its version of the Farm Bill, titled the “Agriculture Improvement Act of 2018,” by a vote of 86-11. The Senate vote was held one week after the House passed its version of the legislation, the “Agricultural Nutrition Act of 2018,” on June 21st by a narrow vote of 213-211. The House and Senate passed Farm Bills contain provisions that would reauthorize the Pesticide Registration Improvement Act (PRIA) and would eliminate the National Pollutant Discharge Elimination (NPDES) permitting requirement for FIFRA registered pesticides. As reported previously, CPDA has engaged in extensive lobbying efforts in building a broad base of support in both the House and Senate for inclusion of these provisions in the Farm Bill. In addition to the language on PRIA and NPDES, both measures contain provisions that recognize biostimulant technology and research.

A joint conference committee will now be convened to work out the differences in both the House and Senate passed bills. While it is likely that there will not be any significant opposition to retaining the PRIA and NPDES language in the final Farm Bill, there are larger national issues that could slow progress of the bill in conference – particularly the food stamp work requirements that were adopted as part of the House legislation. CPDA will work with its allied trade association partners on the PRIA Coalition to make sure that these provisions remain in the final Farm Bill while debate over more controversial issues continues. With current Farm Bill programs set to expire on September 30, 2018, the House and Senate majority leadership are hoping to complete work on a conferenced bill by the upcoming Labor Day weekend. CPDA will keep its membership apprised of further developments as they occur.

CPDA 2018 Summer Conference & Annual Meeting to Feature Unveiling of New Strategic Direction

 

CPDA Interim President Gary Halvorson recently sent the following message to CPDA Members:  “Make plans to be in the “Windy City” on July 16-18 for CPDA’s 2018 Summer Conference & Annual Meeting at the Omni Chicago Hotel in Chicago, Illinois. This year’s gathering promises to be a truly special event and is being structured to showcase the newly defined focus of the CPDA organization.

The start of 2018 signified a new chapter in the association’s long history – a new way of conducting operations and a new philosophy to enhance the value of CPDA membership. The CPDA Board of Directors envisions a new strategic direction for the association – one which recognizes that issue priorities vary depending on a company’s primary business focus: producer, formulator/distributor, or adjuvant/inert ingredient supplier. Each of these segments within the agrotechnology industry faces a unique set of challenges in retaining a competitive edge.

With this in mind, the CPDA Board has designed a plan to create a committee structure focused on these segments, and the legislative and regulatory issues relative to each. A representative Board director whose company’s primary line of business falls within each segment will be featured on the conference program. Each will showcase how reorganization of CPDA’s current structure would facilitate opportunities for legislative and regulatory advocacy of current and future member companies. CPDA is working towards increased transparency and defining the association’s value to current, past and future members in order to justify the expense in this current market.

CPDA’s goal is guided by a vision of ensuring that the association serves as the pre-eminent voice on federal and state legislative and regulatory affairs in representing the interests of producers, formulators/distributors, and adjuvant/inert ingredient suppliers. CPDA is confident that a restructuring will benefit current members, and also attract former and potential new members looking for an organization that is willing and able to devote time, effort and resources into championing their interests before policy-makers on Capitol Hill and with regulatory agencies.

Further details on CPDA’s new strategic direction and the summer conference, including the agenda, sponsorship opportunities, and fun events being planned will be announced soon.  Thank you!”

Presentations from Distinguished Speakers at CPDA’s 2018 Adjuvants & Inerts Conference now Available

CPDA’s 2018 Annual Adjuvants & Inerts Conference, “Agrotechnology Challenges in Today’s Ever-Changing Market,” held May 1-2 in San Antonio, Texas, featured an informative and robust speakers program that examined the latest trends and issues impacting the agrotechnology industry.  The Conference provided information on important topics including drift reduction technologies, advancements in tank cleaning technology, inerts and adjuvants for the organic market, the state of biostimulant regulations in the U.S. and Canada, auxin herbicides and the effective management of weed resistance, rhizosphere engineering and soil health, pending changes to California Proposition 65 product label warning requirements, and the impact of mergers and consolidations taking place within the agricultural chemicals industry on the long and short-term growth of the global agricultural economy.

Our sincere thanks is extended to the sponsors of the event.  The generosity and support of these companies play a key role in CPDA’s ability to provide value to our member companies and equip them with the information they need to retain a competitive edge in today’s agrotechnology industry.  Please join us in recognizing the CPDA 2018 Annual Adjuvants & Inerts Conference sponsors:

Diamond Level:  Chemorse; Helena Agri-Enterprises; Huntsman Performance Products; Oxiteno USA, LLC; and Stepan Company

Platinum Level:  Adjuvants Unlimited, LLC; AkzoNobel Surface Chemistry, LLC; Oleon; and Precision Laboratories, LLC

Gold Level:  Croda; Dow Crop Defense; Evonik Corporation; and KALO

Silver Level:  Albaugh, Inc.; Brandt Incorporated; Clariant Corporation; and Exacto Inc.

 

Special Thanks to Members of the 2018 Adjuvants & Inerts Conference Planning Committee

CPDA would like to give special recognition to the members of the 2018 Adjuvants & Inerts Conference Planning Committee – all of whom devoted their valuable time in the development of the speakers program and structure of the conference. The engagement and input of these individuals was key in ensuring the success of the conference. Members of this year’s conference planning committee include: Dave Ferguson (Huntsman Performance Products), Todd O’Connell (Huntsman Performance Products), Paul Bially (Solvay USA), Arthur Bass (Chemorse), Brenda DeShields (Oxiteno USA, LLC), Rebecca Peters (Precision Laboratories, LLC), Donna Hillebold (AkzoNobel Surface Chemistry), Stephen Rall (Evonik Corporation), Carmine Sesa (AgMarket Results), and Alec Simpson (Croda Inc.).

CPDA would also like to take this opportunity to express appreciation to all the attendees of this year’s Conference.  We hope the meeting provided just the right mix of education, information, and networking opportunities and that members and non-members alike found value in attending. We look forward to seeing everyone again next year in Denver, Colorado for the 2019 Adjuvants & Inerts Conference to be held May 7-9!

Speaker Presentations

The speaker presentations from the CPDA 2018 Annual Adjuvants & Inerts Conference may be accessed by clicking the links below.

“Drift Reduction Technologies,” Dr. Andrew Hewitt, The University of Queensland

“XtendiMax Update,” Dr. Ryan J. Rector,  Monsanto Company

“Advancements in Tank Cleaning Technology,” John Hemminghaus, Monsanto Company

“Inerts and Adjuvants for the Organic Market,” Jesse Brown, OMRI

“Biostimulant Market Overview,” Jon Leman, Italpollina USA, Inc.

“Resistance Management for Enlist and Xtend Crop Systems,” Dr. Bryan Young, Purdue University

“Auxin Herbicides and Weed Resistance Management,” Dr. Reid J. Smeda, University of Missouri

“Dicamba:  Where it happened? How it happened? Why it happened?” Dr. Richard Zollinger, NDSU

“Rhizosphere Engineering – An innovative approach of modifying soil biophysical properties to influence plant-microbiome-soil interactions,” Dr. Stan Kostka, Penn State

“California Proposition 65,” Renee Pinel, Western Plant Health Association

“Navigating through the Multi National Mega-Mergers,” Dr. Matthew Phillips

 

CPDA thanks all those who attended the 2018 Annual Adjuvants & Inerts Conference!

 

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.

PRIA 3 Extension Included in Omnibus Spending Bill Signed Into Law

On March 23, 2018, the President signed into law the omnibus spending bill that provides funding for government operations through the remainder of the 2018 federal fiscal year ending September 30th.  CPDA is pleased to report that included in the omnibus spending measure is an extension of current PRIA (PRIA 3) through September 30th of this year.  The legislation funds EPA’s pesticide program at current levels and includes an additional $6.96 million increase for product review activities associated with PRIA.

 

As reported previously, PRIA has been extended in a series of stop-gap funding measures or Continuing Resolutions (CR) since September 30th of last year. While the measure enacted as part of the omnibus spending bill extends PRIA 3 through September 30, 2018, reauthorizing legislation still needs to be enacted to ensure the continuation of the statute beyond that date.  Importantly, PRIA 4 as a legislative proposal could still be considered by Congress and passed into law. The main issues CPDA is concerned with regarding the current status of PRIA are as follows:

 

Funding:  The industry would like to see the modification of funding mechanisms that allow fees to be “sequestered” when they do not equal federal appropriations.  CPDA’s position, in line with other stakeholders and EPA leadership, is that this system should be changed so that when fees are collected they can be used to process applications. This should help in addressing any delays or backlogs. This change is included in PRIA 4.

 

Reauthorization period: While the House version of PRIA 4 extends the program for 7 years, the Senate changed the reauthorization to 3 years. CPDA’s position, in line with other stakeholders and EPA leadership, is that it would be better to have the extended reauthorization period but not at the cost of the legislation failing to pass. CPDA will continue to work with stakeholders and the Agency in developing an acceptable resolution of this issue.

 

During the weeks leading up to passage and enactment of the omnibus spending measure, CPDA made a series of House and Senate office visits in seeking Congressional support for inclusion of PRIA as part of the funding package.  CPDA also asked its member companies to supplement these lobbying activities by writing to their Senators and Representatives urging support for PRIA as part of the next budget bill.  To all those CPDA member companies who participated in this grass roots effort, we would like to convey our thanks.  The calls and letters of our member companies to their senators and representatives helped CPDA’s advocacy efforts on PRIA.

 

Nevertheless, much work remains to be done.  In the months ahead, CPDA will dedicate its efforts in securing the enactment of legislation to reauthorize PRIA beyond September 30th.  To this end, CPDA continues to work closely with other members of the PRIA Coalition in building consensus and Congressional support for this critical legislation.

 

CPDA will keep its members informed of further developments as they occur.  In the interim, should you have any questions, please contact CPDA Director of Legislative Affairs Don Davis.

CPDA 2018 Regulatory Conference Speaker Presentations Now Available

Speaker presentations from the very productive 2018 CPDA Regulatory Conference, held on Tuesday, March 13th in Arlington, Virginia, are now accessible on CPDA’s web site.  The program featured an array of speakers who addressed key topics such as market forces and economic factors shaping trends in corporate mergers within the agricultural chemicals industry, an update on priority activities underway within EPA’s Office of Pesticide Programs (OPP) including the Agency’s inert ingredient assessment branch, an overview of FIFRA related developments with a special focus on the status of the reauthorization of PRIA, efforts to synchronize the consultation process under the Endangered Species Act, and related topics impacting the agrotechnology industry, the status of OSHA’s plans to revise its Hazard Communication Standard (HCS) to better align it with the latest iteration of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), and the implications of new product labeling requirements that will take effect at the end of August 2018 under California’s Proposition 65 ballot initiative.  The CPDA Regulatory Conference concluded with a meeting at the headquarters of the Office of Pesticide Programs where attendees had the opportunity to engage with EPA personnel on important regulatory issues of importance to Council members and the industry.

 

The CPDA Regulatory Conference speaker presentations may be accessed by clicking the links below.

 

“Impact of Mergers in Agricultural Chemical Markets,” James MacDonald, U.S. Department of Agriculture

 

“2018 FIFRA Regulatory Outlook,” Sheryl Lindros Dolan, Bergeson & Campbell, P.C.

 

“Overview of OPP Priorities and Issues,” Michael Goodis, U.S. Environmental Protection Agency

 

“Pesticide Inert Ingredient Activities,” P.V. Shah, U.S. Environmental Protection Agency

 

“Impact of Upcoming Changes to California Proposition 65,” Dave Lawson, Western Plant Health Association

 

“Hazard Communication Standard and GHS Update,” Maureen Ruskin, U.S. Occupational Safety and Health Administration

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