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Update on EPA’s Pesticide Program Activities. The Pesticide Stewardship Alliance February 2018 Rick Keigwin Office of Pesticide Programs U.S. Environmental Protection Agency. Discussion Topics. Leadership and Organizational Changes The Role of Stewardship in Registration Decisions
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Update on EPA’sPesticide Program Activities The Pesticide Stewardship AllianceFebruary 2018Rick Keigwin Office of Pesticide Programs U.S. Environmental Protection Agency
Discussion Topics • Leadership and Organizational Changes • The Role of Stewardship in Registration Decisions • Update on PRIA • Dicamba • Registration Review Update • Update on the Worker Protection Standard • Certification of Pesticide Applicators Update • Pollinator Protection Update • Endangered Species Act • Managing Pesticide Resistance
Leadership and Organizational Changes • Charlotte Bertrand, Acting Principal Deputy Assistant Administrator, Office of Chemical Safety and Pollution Prevention • Nancy Beck, Deputy Assistant Administrator, Office of Chemical Safety and Pollution Prevention • Jeff Sands, Agricultural Advisor to the Administrator, Office of the Administrator
Examples of Stewardship in Registration Decisions • Sulfuryl Fluoride – EPA has established stewardship requirement for all sulfuryl fluoride products and requires a stewardship plan to be in place before granting any application to register or amend SF products. • Antibiotic Pesticides - Stewardship plans have been proposed as part of the pending registrations for antibiotic pesticides. • Weed Resistance - Weed resistance stewardship plans have been established for Enlist (2,4-D) and Inzen. • Product Acuron (containing: bicyclopyrone, s-Metalochlor, mesotrione, and atrazine) - As part of the conditions of registration for bicyclopyrone (Acuron), EPA required an annual report documenting the use of specific Syngenta products containing atrazine and showing a reduction of the use of atrazine on corn due to the increase market share of Acuron.
Examples of Stewardship in Registration Decisions • Section 18s - As part of the approval process for certain section 18 emergency exemptions, the adoption of pollinator best management practices must be observed. • Resistance Management – OPP works closely with the regulated community on setting and implementing resistance management requirements for Plant Incorporated Protectants as a means of extending the useful life of products. • Design for the Environment Labeling (Safer Choice) – Through EPA’s Safer Choice (Design for the Environment) program, OPP offers registrants the opportunity to brand pesticide products with the DfE logo to increase consumer and commercial purchaser recognition.
Stewardship and Regulation Regulation Stewardship
Update on PRIA • The expiration date of PRIA 3 was extended through the continuing resolution through February 8, 2018. • The PRIA 4 legislation pending in the Senate extends the authorization to collect maintenance fees, at $31M/yr through FY’20. • H.R. 1029 passed unanimously in the House on March 20, 2017. • On June 29, 2017, the Senate Agriculture Committee unanimously forwarded an amended bill extending authorization for 3 years. Currently, a hold is delaying vote by the full Senate.
Dicamba Over-the-Top Uses • New uses for dicamba-tolerant soybean and dicamba-tolerant cotton were registered in late 2016. • Three products were approved for use with 2-year expiration dates • Xtendimax with VaporGrip Technology (EPA Reg No. 524-617) • Engenia Herbicide (EPA Reg. No. 7969-345) • DuPont FeXapan Herbicide Plus VaporGrip Technology (EPA Reg. No. 352-913)
2017 Incidents/Complaints • May/June 2017, EPA started receiving reports of significant crop damage resulting from off-field movement of dicamba • Early cases were reported in Bootheel area of Missouri • As the season progressed, reports of soybean damage spread across southern states and northern Missouri, into the Midwest and Dakotas
Dicamba-Related Injury Investigations Source: Univ. of Missouri, IPM, Dr. Kevin Bradley https://ipm.missouri.edu/IPCM/2017/10/final_report_dicamba_injured_soybean/
Estimated Dicamba-Injured Soybean Acreage Source: Univ. of Missouri, IPM, Dr. Kevin Bradley https://ipm.missouri.edu/IPCM/2017/10/final_report_dicamba_injured_soybean/
Summary of Investigations • Physical Drift • Tank Contamination • Temperature Inversions • Volatility • Misuse
2018 Label Changes • All three products are Restricted Use Pesticide products • Dicamba-specific training is required for all applicators • Limits applications to when maximum wind speeds are below 10 mph • Applications may only occur between sunrise and sunset • Tank clean-out language to prevent cross-contamination • Susceptible/sensitive crop identification and record keeping with sensitive crop registries • Maintain specific records regarding the use of these products
Implementation of New Labels • All registrants have agreed to get the revised labels into the hands of farmers in time for the 2018 use season • EPA will monitor the success of these changes to help inform our decision whether to allow the continued use of dicamba on tolerant soybean and cotton beyond the 2018 growing season
What is Registration Review? • Statutory Mandate – FIFRA Section 3(g) • Requires review of each registered pesticide every 15 years • Scope – ~725 “cases” encompassing over 1,100 pesticide active ingredients (A.I.) • Conventional, antimicrobial, and biopesticides • Statutory Deadline – EPA must complete review of all pesticides by 10/1/2022
Registration Review Progress • Conventionals • 268 draft risk assessments completed (~40% remaining) • 202 proposed interim decisions complete (~56% remaining) • 168 final or interim decisions complete (~63% remaining) • Antimicrobials • 59 draft risk assessments completed (~61% remaining) • 56 proposed interim decisions complete (~63% remaining) • 52 final or interim decisions complete (~65% remaining) • Biopesticides • 37 draft risk assessments completed (~71% remaining) • 37 proposed interim decisions complete (~71% remaining) • 34 final or interim decisions complete (~73% remaining)
Registration Review Status • Registration Review Deliverables • 54 Draft Risk Assessments anticipated • 55 Proposed interim Decisions anticipated • 40 Interim Decisions anticipated • 2018 High Profile Draft Risk Assessments • Glyphosate, atrazine, paraquat, soil fumigants, neonicotinoids (final pollinator) • 2018 High Profile Proposed Interim Decisions • Glyphosate, neonicotinoids
Neonicotinoids • Imidacloprid • 2016: Preliminary pollinator-only assessment released • 2017: Remaining risk assessments released • Clothianidin, Thiamethoxam and Dinotefuran • 2017: All risk assessments released • Next Steps • 2018: Consider public comments submitted • 2019: Plan to issue final interim risk management decisions
Chlorpyrifos • March 2017: Denied petition requesting that EPA revoke all tolerances for the chlorpyrifos and cancel all chlorpyrifos registrations • EPA intends to complete the registration review of chlorpyrifos by October 1, 2022.
Glyphosate • 2009: Initiated Registration Review • 2016: Consulted with the FIFRA Scientific Advisory Panel • 2017: Draft human health and ecological risk assessments • Now available; public comment period to start soon • Concludes that glyphosate is not likely to be carcinogenic
Implementation Timeline 1/2/2018 Compliance Required with: •New content in pesticide safety information display • Responsibility for handlers related to the application exclusion zone Note: Compliance with new content in worker and handler training will be required 6 months after EPA publishes Federal Register notice about training materials being available. 1/2/2017 Compliance required with most revised WPS requirements except: • New content in worker and handler training • New content in pesticide safety information display • Responsibility for handlers related to the application exclusion zone 11/2/2015 Revised WPS final rule published in the Federal Register. 9/28/2015 Revised WPS final rule signed
Regulatory Reform Agenda • E.O. 13777: Enforcing the Regulatory Reform Agenda • Requested input on regulations appropriate for repeal, replacement or modification • EPA offices conducted outreach • May 4, 2017: Pesticide Program Dialogue Committee (PPDC) • November 2, 2017: Further discussion with the PPDC • Any substantive changes made to WPS will require a notice & comment rulemaking process.
Potential Changes to the WPS • December 21, 2017: EPA Federal Register notice • EPA has determined that further consideration of the following requirements is warranted through rulemaking: • Minimum age • Designated representative • Application exclusion zone (AEZ) • Expect to published proposed rule in FY2018 to solicit input on the potential revisions
Certification Rule Key Dates • Original effective date was March 4, 2017 • The current effective date is May 22, 2018 • A lawsuit challenging the change to the effective date is pending
Implementation Timeline • The rule gives the certifying authority until 3/4/2020to submit revised certification plans demonstrating their compliance with the new requirements • If submitted by 3/4/2020, existing plans remain in effect until EPA approves revised plan • The time frame for implementation and compliance with revised certification plan will be decided on a case-by-case basis as part of EPA’s review and approval of each revised state certification plan.
Regulatory Reform Agenda • E.O. 13777: Enforcing the Regulatory Reform Agenda • Requested input on regulations appropriate for repeal, replacement or modification • EPA offices conducted outreach • May 4, 2017: Pesticide Program Dialogue Committee (PPDC) • November 2, 2017: Further discussion with the PPDC • Any substantive changes made to C&T will require a notice & comment rulemaking process.
Potential Changes to C&T • December 19, 2017: EPA Federal Register notice • EPA has determined that further consideration of the minimum age requirement is warranted • Expect to publish proposed rule in 2018 to solicit input on the potential revisions
Acute Risk Mitigation Policy • Proposal was released for public comment in May 2015 • Addressed acute contact exposure to foliar pesticide applications • Over 113,000 comments received • EPA’s Policy Issued in January 2017 • EPA revised the policy in response to comments • Prohibits pesticide applications under certain conditions • Also provides some flexibility for growers in some circumstances
Acute Risk Mitigation Policy • Applies to Products: • With outdoor foliar uses; • That are registered for crops that may use pollination services; and, • With uses that have application rates that exceed the EPA Tier I acute risk Level of Concern (LOC) for bees • Policy Applies When: • The target crop is in bloom; • A contract exists for pollination services to the target crop; and, • Managed bees are present under contract for pollination services to the target crop
Endangered Species Act • In January 2017, EPA initiated consultation, issuing Biological Evaluations for chlorpyrifos, diazinon, and malathion. • On December 29, 2017, NMFS issued the final Biological Opinion on potential effects of chlorpyrifos, diazinon, and malathion. • The BiOp reaches “jeopardy” and “adverse modification” conclusions for 38 federally listed threatened or endangered species and 37 critical habitat units.
ESA Interagency Working Group • On January 31, 2018, a Memorandum of Agreement was signed by EPA, DOI (includes FWS), DOC, and NMFS, establishing an Interagency Working Group. • The Working Group will provide recommendations to EPA, FWS and NMFS leadership on improving the ESA consultation process for pesticide registration and registration review.
New Guidance • PRN 2017-1, entitled “Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling:” • provides general guidance on resistance management labeling for all conventional agricultural insecticides, fungicides and herbicides • revises an existing Notice (2001-5), that provides general guidance to registrants of all pesticides, except Bt crops and homeowner-use products • PRN 2017-2, entitled “Guidance for Herbicide Resistance Management Labeling, Education, Training, and Stewardship:” • new Notice that focuses on guidance for herbicide registrants • provides guidance for labels, terms of registration, education, training and stewardship
Next Steps • For registration review - implementing herbicide-resistance measures for existing herbicides: • Registration review will include herbicide-resistance elements in every herbicide proposed interim and final decision • For registration actions - implementing herbicide-resistance measures for all end-use herbicide products: • commercial turf and sod farms • ornamental production and non-agricultural use • aquatic vegetation • rights-of-way and vegetation management
The Value of Cooperation Pesticide Registrants General Public