In the March 23, 2018 Federal Register, EPA announced that it is seeking public comment on the final Biological Opinion issued pursuant to the Endangered Species Act (ESA) by the National Marine Fisheries Service (NMFS) on the potential effects of chlorpyrifos, malathion and diazinon on listed species and their critical habitats.  Comments are due by May 22, 2018 and may be submitted via www.regulations.gov identified by docket number EPA-HQ-OPP-2018-0141.   Under Section 7(a)(2) of the ESA, if EPA determines that a

On March 22, 2018. EPA published on its web site PR Notice 2018-1, titled “Determination of Minor Use under Federal Insecticide, Fungicide, and Rodenticide Act Section 2(II),” which provides guidance to registrants as to how the Agency determines a “minor use” as applicable to the registration of a pesticide.  Specifically, PR Notice 2018-1 describes the Agency’s revised approach in evaluating “sufficient economic incentive” under FIFRA when determining the eligibility of a pesticide use for classification as a minor use. 

Representative Rodney Davis (R-IL), Chairman of the Subcommittee on Biotechnology, Horticulture and Research of the House Committee on Agriculture, released a letter he sent to EPA Administrator Scott Pruitt on February 22, 2018 expressing his concerns about the potential of a lapse in PRIA.  In his letter, Chairman Davis wrote, “PRIA ensures that companies regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can confidently invest in the research and development of new products because they know that there

On March 7, 2018, EPA responded to Chairman Davis (see previous story) with a detailed analysis of what the impact would be on the Agency under three scenarios including a lapse in PRIA, a continuation of authority under the existing PRIA 3, and the passage and enactment of PRIA 4.   Approximately 33% of the funding of the Agency’s pesticide program activities comes from PRIA in the form of registration service fees for new product submissions and annual maintenance fees for products

EPA has released final guidance which clarifies where first aid statements should appear on the label of pesticide products.  In December 2016, EPA released a memorandum titled  Guidance for Pesticide Registrants in which the Agency set forth its proposed interpretation and clarification of the definition of a label “panel” and the placement of first aid statements on such labels based on the product’s Toxicity Category.  The Agency initially established a 30-day public comment period on its proposal and then subsequently granted

This month, CPDA and other members of the Pesticide Policy Coalition (PPC) sent a letter to members of the House and Senate Agriculture Committees as part of an outreach effort aimed at developing a more efficient and coordinated process by which pesticides are assessed for their potential impacts to listed species and habitats under the Endangered Species Act (ESA).  Under Section 7(a)(2) of the ESA, federal agencies are required to consult with the U.S. Fish and Wildlife Service and the

On January 31, 2018, EPA and the U.S. Department of the Army finalized a rule delaying the effective implementation date of a controversial rule, promulgated by the Obama Administration in 2015, titled “Clean Water Rule:  Definition of ‘Waters of the United States’” (WOTUS).  The final rule was published in the Federal Register on February 6, 2018 and establishes an applicability date of February 6, 2020. The 2015 WOTUS rule, which originally had an effective date of August 28, 2015, significantly expanded

In the February 8, 2018 Federal Register, EPA published a notice announcing a public comment period, ending April 9, 2018, on a proposed renewal of an Information Collection Request (ICR) titled “Submission of Unreasonable Adverse Effects Information under FIFRA Section 6(a)(2).” The Agency anticipates an estimated increase of 71,778 burden hours under the proposed ICR renewal which translates into a 16% increase in the number of responses from 93,000 under the current ICR to 108,000 under the proposed ICR renewal. 

On January 31, 2018, EPA announced the establishment of an Interagency Working Group pursuant to a Memorandum of Agreement between EPA, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service (i.e., the “Services”), aimed at facilitating and improving the coordination of agency consultations required under Section 7(a)(2) of the Endangered Species Act (ESA) in assessing the impacts of pesticide registration actions on threatened species and habitats. In seeking to devise a streamlined mechanism that would eliminate many of

EPA has responded to public comment on its proposed interpretation and clarification of the definition of a pesticide label “panel” and the placement of first aid statements on such labels. The Agency states that first aid language for Toxicity Category II and III products are not required to be placed on a visible front, back or side panel.  However, EPA strongly recommends that registrants take the following steps: Include duplicative first aid language on the very back of the booklet, accordion,