EPA Extends Comment Period for Pesticide Applicator Certification Rule

The U.S. Environmental Protection Agency recently published the following notice:

EPA is extending the public comment period on the proposed changes to the certification rule for an additional 30 days. EPA is proposing stronger standards for pesticide applicators who are certified to apply the riskiest pesticides, known as restricted use pesticides (RUPs). The goal is to reduce the likelihood of harm from the misapplication of RUPs and ensure a consistent level of protection among states. More information about this rule is available at http://www2.epa.gov/pesticide-worker-safety/epa-proposes-stronger-standards-people-applying-riskiest-pesticides.

A formal announcement of the 30-day extension to the comment period will be published in the Federal Register shortly. The closing date for comments is now January 22, 2016.

Supporting Documents for Endangered Species Biological Evaluations Now Available

EPA has published the following notice:

Background documents for the first round of draft biological evaluations are now available for three pilot chemicals: chlorpyrifos, diazinon, and malathion. EPA has been collaborating with the U.S. Fish & Wildlife Service and the National Marine Fisheries Service to develop interim scientific approaches to fulfill our responsibility under the Endangered Species Act to assess the impact of pesticides on threatened and endangered species and their designated critical habitat. These interim scientific approaches are based on recommendations from the National Academy of Sciences report, “Assessing Risks to Endangered and Threatened Species from Pesticides.” As part of this effort, the United States Department of Agriculture has provided expertise on crop production and pesticide uses and assistance with the use of the National Agricultural Statistics Service Cropland Data Layer to help define the footprint of agricultural use patterns.

Next Public Meeting on ESA Pesticides Implementation

EPA, the National Marine Fisheries Service and the Fish and Wildlife Service are working together trying to develop a process for implementing a report of pesticide ESA consultation that was published by the National Academy of Sciences.  EPA and the Services have hosted several public meetings on this implementation project.

The next public meeting will be held on January 25, 2016, at FWS’ Virginia offices:

For further information, contact:

Craig W. Aubrey
Chief, Division of Environmental Review
Ecological Services Program
U.S. Fish and Wildlife Service Headquarters
Ecological Services, MS: ES
5275 Leesburg Pike
Falls Church, VA 22041-3803
703-358-2171 (general)
703-358-2442 (direct)

SFIREG Meets

The Association of America Pesticide Control Officials State FIFRA Issues Research and Evaluation Group Full Committee will hold a 2-day meeting, beginning on December 7, 2015, and ending December 8, 2015.  The meeting will be held on Monday, December 7, 2015, from 8:00 a.m. to 4:00 p.m. and from 8:00 a.m. to 12:00 p.m. on Tuesday, December 8, 2015.

The following topics may be discussed at this SFIREG meeting:

  1. Discussion of the Certification and Training (C&T) rule a. Soil fumigation category and its role in certification and training trends (state vs. federal vs. industry oversight)
  2. Potential problems

EPA Extends Comment Period for Pesticide Applicator Certification Rules

EPA issued a proposed rule for comment in the Federal Register of August 24, 2015, concerning certification of applicators of restricted use pesticides. EPA has extended the comment period for 30 days, from November 23, 2015 to December 23, 2015.  EPA states that the comment period is being extended to provide additional time for commenters to prepare their responses.

Click here to read Federal Register notice of this action.

CRE Opposes Duplicative and Wasteful OHAT Review of Neonics

On November 6, 2015, the Center for Regulatory Effectiveness filed comments opposing the Office of Health Assessment and Translation’s proposed review of the non-cancer human health effects of seven neonicotinoid pesticides. The seven neonics are:

CASRN 135410-20-7 or 160430-64-8 (acetamiprid), CASRN 210880-92-5 (clothianidin), CASRN 165252-70-0 (dinotefuran), CASRN 138261-41-3 OR 105827-78-9 (imidacloprid), CASRN 150824-47-8 (nitenpyram), CASRN 111988-49-9 (thiacloprid), and CASRN 153719-23-4 (thiamethoxam).

CRE’s comments came to the following conclusion:

“…OHAT review of the neonics would be wasted and duplicative and should not occur. OHAT has no standard regulatory structure, no means or experience to provide an open review, has not been transparent about the review nominations, and has no authority under FIFRA to regulate neonics. Based on this, the US Taxpayer should not fund two review organizations, one of which has no regulatory authority.”

EPA PUBLISHES FINAL PESTICIDE WORKER PROTECTION STANDARDS

On November 2, 2015, EPA published Federal Register notice of EPA’s final regulations revising protections provided to agricultural workers, pesticide handlers, and other persons under the Worker Protection Standard. This final rule is effective January 1, 2016. Agricultural employers and handler employers will be required to comply with most of the new requirements on January 2, 2017, as provided in 40 CFR 170.2. Agricultural employers and handler employers will be required to comply with certain new requirements on January 1, 2018 or later, as provided in 40 CFR 170.311(a)(3), 170.401(c)(3), 170.501(c)(3) and 170.505(b).

Click here to read EPA’s Federal Register notice. 

Public Meeting on the Coordinated Framework on Biotechnology

For Release:  November 22, 2015

The Environmental Protection Agency Food and Drug Administration and United Department of Agriculture (hold a public meeting on October 30, 2015, to discuss the memorandum entitled, “Modernizing the Regulatory System for Biotechnology Products,” issued by the Executive Office of the President on July 2, 2015.

The memo directed the three agencies responsible for regulating biotechnology products to:

  1. Establish a working group to update the Coordinated Framework to clarify roles and responsibilities, and

PPDC Meeting

The Pesticide Program Dialogue Committee is a Federal Advisory Committee Act committee that advises the Environmental Protection Agency’s Office of Pesticide Programs.  The PPDC will meet publicly on October 21–22, 2015. In addition, the following PPDC Workgroups–Integrated Pest Management, Comparative Safety Statements, 21st Century Toxicology/ New Integrated Testing Strategies, and Pesticide Incidents—will meet during the same time period.

The PPDC meeting will be held on Wednesday, October 21, 2015, from 9 a.m. to 5:00 p.m. and Thursday, October 22, 2015, from 9 a.m. to 12:00 p.m.

CRE Files Comments with OMB on the Requested ICR for EPA’s Proposed Rules for the Certification of Pesticide Applicators

On September 23, 2015, the Center for Regulatory Effectiveness filed comments with EPA and with the Office of Management and Budget on EPA’s requested Information Collection Request for EPA’s proposed Pesticide Applicator Certification rules. OMB has to approve the ICR before EPA can require information to be submitted under the rules.

“I. Executive Summary

CRE does not object to EPA’s requested ICR for the Certification Rules so long as

  • the record for the Certification Rules and their ICR continues to clearly state,“When used in accordance with label restrictions, RUPs [restricted use pesticides] can be safely applied”; and