State fifra issues, research, and Evaluation Group

1. State fifra issues, research, and Evaluation Group Tribal Pesticide Program Council Full Council Meeting March 6-8, 2019

2. SFIREG • This permanent committee was created by AAPCO when FIFRA was amended to provide States with Primacy for FIFRA Implementation, Use, and Enforcement (1978). • SFIREG is composed of Representatives from each of the EPA regions. • The 10 Regional Representatives form Full SFIREG. • The SFIREG Representative is responsible for communicating with the states in the region and bringing regional issues to Full SFIREG. • All States and Territories are represented at Full SFIREG through their Regional Representatives. • Pre-SFIREG Meetings held in the Regions provide the opportunity for State and Territories to discuss issues which are communicated to Full SFIREG by their Representative. State FIFRA Issues Research and Evaluation Group

3. Affiliates & Adjuncts • Tribal Pesticide Program Council (TPPC) • Association of Structural Pest Control Regulatory Officials (ASPCRO) • American Association of Pesticide Safety Educators (AAPSE) • National Association of State Departments of Agriculture (NASDA) • Laboratory Directors • EPA Regions, OPP & OECA • Certification Assessment Training Group (CTAG) • Other Interested Parties • The Pesticide Stewardship Alliance (TPSA) • National Pest Management Association (NPMA) • CropLife • RISE

4. Squarely In View • Dicamba - 2019 Registration Decision • Amended Certification & Training Rule • Implementation Dates • Revised C&T Plans • Ingredient Transparency • National Assessment of Managed Pollinator Protection Plans • Issue & White Papers • Pesticide Use on Cannabis (2) • Residue Levels • 24c Registration • Pesticide Impurities in EPA Registered Pesticides • Integrated Collection and Transfer of Information and Evidence Collection System

5. Dicamba 2019 • EPA extended the registration of Dicamba for post emergence (over-the-top or in-crop) applications to growing genetically modified soybean and cotton for two years (through 2020) • Label changes • SFIREG EPA Dicamba Ad Hoc Work Group was formed to address ongoing and new issues with the continued registration • Work Group members include: • Representatives from EPA’s Offices of Pesticide Programs and Enforcement and Compliance Assurance; and, • State regulatory officials from Iowa, Arkansas, Indiana, Nebraska, Minnesota, Texas, Georgia, North Carolina, Missouri and Oregon

6. SFIREG EPA Dicamba Ad Hoc Work Group • Identified 4 focus areas to be addressed by SubGroups: • Enforcement (Tim Creger, NE - Lead); • Definitions of terms; label language interpretations; and related Q&A (Dave Scott, IN – Lead) • Endangered Species & Use Limitations/ Bulletins (Gretchen Paluch, IO) – Lead); and • Training requirements & consistency (Tommy Gray, GA - Lead). • Meets weekly with SubGroup activities being held separately. • While intending to complete its activities in each of these areas by March 2019, the federal shutdown resulted in delays in completing tasks. • Will continue to meet weekly for the foreseeable future.

7. SubGroup Activities

8. Certification of Pesticide Applicators Rule Ingredient Transparency Retailers and one state are requiring product manufacturers to include ingredients traditionally treated as confidential on product labels and / or their websites SLA-EPA Work Group was formed as impact registration programs (Anthony Lamanno(NY) Lead) Identified implications for state registration programs Options On hold awaiting EPA decision • Concerns regarding the delayed release of supporting materials from EPA • AAPCO • Letter to EPA • Reinvigoration of C&T Work Group (Tim Creger(NE), Chair) • Support materials were released late February 2019 • Too new to determine future activities

9. National Assessment of Managed Pollinator Protection Plans • Revised national assessment forwarded to EPA for comment (January 2019). • Utilizes Survey Instrument • Outputs & Outcomes • Aggregate Assessment • Provides Flexibility • Utilize AAPCO SFIREG to facilitate the distribution of the survey instrument • Communicate the survey results to EPA • EPA will have the opportunity to comment on the AAPCO/SFIREG final survey instrument to measure the success of state/tribal/territorial pollinator protection plans: • Distribution • Timing • Frequency • Communication Strategy • AAPCO/SFIREG will continue to assist EPA effort to determine the efficacy of managed pollinator protection plans.

10. Issue Papers-Pesticide Use on Cannabis- • State Established Pesticide Residue Action Levels (R8; CO) • Setting of “action levels” that establish pesticide residue levels by agencies which do not have authority to set tolerances for new crop uses • Referred to POM to draft letter to EPA • 24c Process (R9; NV) • An alternative needs to be available to states to pursue pesticide registrations • Request for clarification from EPA regarding what if any options are available to states regarding the registration of pesticides for use on cannabis

11. Other Issue & White Papers • Issue Paper - Pesticide Impurities in EPA Registered Pesticides (R10; OR) • PR Notice 96-8 does not fully address potential crop residue tolerances and may conflict with USDA’s National Organic Standards • Forwarded to EPA • White Paper - Integrated Collection and Transfer of Information and Evidence Collection System (R5; MI) • Need mechanism to maximize available resources to provide compliance monitoring and enforcement nationally without duplicating efforts • Forwarded to POM

12. Working Committees Pesticide Operations And Management (POM) Environmental Quality Issues (EQI) Plant back restrictions and cover crop issues; Alternative options to the POINTS database, which is no longer supported by EPA although reporting is still required; and Preparing for the impacts from the Biological Opinions for chlorpyrifos, malathion, and diazinon. • Letter to pesticide regulatory officials clarifying the certification/licensing requirements for pass through insecticides; and • Suggested survey questions to states/tribes/territories regarding registration requirements for devices.

13. SFIREG Chair • With the Working Committee Chairs, • Discussing the locations and format of the biannual meetings; • Reestablishing the roles of both Working Committees and the resources available to EPA, for example, label review; • Developing a working document to track the status of activities and final dispositions; and • Providing input across Working Committee lines. • As Chair, • Identifying areas of mutual interest and opportunities to collaborate with TPPC; and • Ensuring TPPC is included and informed of Full SFIREG and Working Committee activities and actions as appropriate.

14. Dicamba, Dicamba, Dicamba Unmanned Aerial Vehicles (UAVs) Managing Pesticide Resistance Label changes post registration review of Structural Fumigants Drift Reduction Technology Public Health Issues, i.e. Zika Virus and Vector Control Implementation of Revised WPS and C&T Regulations New Chemistries & Technologies Increased Complexity of Pesticide Labels Climate Change Impacts on Pest Populations

15. Discussion • What issues do we share? • Are there opportunities to collaborate on those issues? • How is the collaboration best managed?

16. Contact Information Liza Fleeson Trossbach, SFIREG Chair liza.fleeson@vdacs.virginia.gov 804-371-6559 www.aapco.org