Update on EPA s Pesticide Program Activities

Transcription

1 Update on EPA s Pesticide Program Activities AAPCO Annual Meeting March 5, 2018 Rick Keigwin Office of Pesticide Programs U.S. Environmental Protection Agency

2 Discussion Topics OPP Organizational Changes 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

3 OPP Organizational Changes

4 Office of Pesticide Programs Rick Keigwin, Director Arnold E. Layne, Deputy Director 4

5 Update on PRIA

6 Update on PRIA The expiration date of PRIA 3 was extended through the continuing resolution through late March The PRIA 4 legislation pending in the Senate extends the authorization to collect maintenance fees, at $31M/yr through FY 20. H.R passed unanimously in the House on March 20, 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. 6

7 Dicamba

8 Dicamba Over-the-Top Uses New uses for dicamba-tolerant soybean and dicambatolerant cotton were registered in late Three products were approved for use with 2-year expiration dates Xtendimax with VaporGrip Technology (EPA Reg No ) Engenia Herbicide (EPA Reg. No ) DuPont FeXapan Herbicide Plus VaporGrip Technology (EPA Reg. No )

9 2017 Incidents/Complaints May/June 2017, EPA started receiving reports of significant crop damage following applications of dicamba Early reports 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

10 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

11 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, cooperatively with SLAs, will monitor the success of these changes to help inform regulatory decisions for the use of dicamba on tolerant soybean and cotton beyond 2018

12 Registration Review Updates

13 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

14 Registration Review Progress Conventionals 277 draft risk assessments completed (~39% remaining) 203 proposed interim decisions complete (~56% remaining) 179 final or interim decisions complete (~61% remaining) Antimicrobials 48 draft risk assessments completed (~66% remaining) 44 proposed interim decisions complete (~68% remaining) 39 final or interim decisions complete (~72% remaining) Biopesticides 42 draft risk assessments completed (~67% remaining) 42 proposed interim decisions complete (~67% remaining) 37 final or interim decisions complete (~71% remaining) 14

15 Registration Review Status Registration Review Deliverables 54 Draft Risk Assessments anticipated (15 In FY18 Q1) 55 Proposed interim Decisions anticipated (2 In FY18 Q1) 40 Interim Decisions anticipated (17 In FY18 Q1) 2018 High Profile Draft Risk Assessments Glyphosate, atrazine, paraquat, soil fumigants, neonicotinoids (final pollinator) 2018 High Profile Proposed Interim Decisions Glyphosate, neonicotinoids 15

16 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

17 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 17

18 Worker Protection Standard Update

19 Implementation Timeline 9/28/2015 Revised WPS final rule signed 11/2/2015 Revised WPS final rule published in the Federal Register. 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 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.

20 Regulatory Reform Agenda E.O : 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.

21 Potential Changes to the WPS December 21, 2017: EPA Federal Register notice EPA is further considering the following requirements: Minimum age Designated representative Application exclusion zone (AEZ) Expect to published proposed rule in FY2018 to solicit input on the potential revisions

22 Certification of Pesticide Applicators Update

23 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

24 Implementation Timeline The rule gives the certifying authority until 3/4/2020 to 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-bycase basis as part of EPA s review and approval of each revised state certification plan.

25 Regulatory Reform Agenda E.O : 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.

26 Potential Changes to C&T December 19, 2017: EPA Federal Register notice EPA is further considering the minimum age requirements Expect to publish proposed rule in 2018 to solicit input on the potential revisions

27 Pollinator Protection Update

28 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

29 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

30 Endangered Species Act

31 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. 31

32 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. 32

33 Managing Pesticide Resistance

34 New Guidance PRN , 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 , 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

35 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 herbicideresistance 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

36 Thank You!