News from CPDA

CPDA 2010-2011 Bi-Annual Report of the Association:  CPDA is making available on its web site its 2010-2011 Bi-Annual Report.  The report provides a comprehensive summary of the public policy issues and priorities that CPDA has focused on over the last two years.  As always, we welcome our member company feedback on the report.  A special thanks goes to Wilbur-Ellis Company for their assistance in the design and printing of this publication.  To access the report, click here.  

CPDA, HSIA and PETA Join Forces to Submit a Petition on EDSP Requesting that EPA Comply with the Paperwork Reduction Act:  On December 7, 2011, CPDA along with the Halogenated Solvents Industry Alliance, Inc. and People for the Ethical Treatment of Animals submitted a petition to EPA requesting that the Agency comply with the requirements of the Paperwork Reduction Act (PRA) and the Office of Management and Budget’s Terms of Clearance for the approved Information Collection Request for 67 pesticide chemicals under the Endocrine Disruptor Screening Program (EDSP). The petition requests that EPA demonstrate the practical utility of this information collection before expanding the EDSP to include screening of additional chemicals. CPDA and the other co-petitioners make two specific assertions as follows: 1) the Agency has not demonstrated that the EDSP Tier 1 screening information collection is non-duplicative of information already available to EPA, and 2) by failing to provide the scientific support on which to make the necessary distinction that a chemical “may” or “may not” have the potential to interact with the endocrine system, the Agency has not demonstrated that the Tier 1 assays have practical utility. By extension, EPA’s failure to meet these requirements impedes its ability to administer the EDSP in a sound, scientific manner as called for under the Federal Food, Drug & Cosmetic Act.  Click here to read more.

EPA Invites Public Comment on "Non-Cropland" Labeling Issue Paper:  EPA is seeking comment on an issue paper, developed by the OPP Labeling Committee, which examines the question of whether the term "non-cropland" is appropriate as a use site on pesticide labels. The Agency states that the terms "non-cropland" and "non-crop areas" have been used on numerous pesticide labels for years. Yet, there is no clear definition of what sites are included or excluded from these terms. Click here to read more.

CPDA President Sue Ferenc Speaks at SCPA Annual Meeting:  CPDA President Sue Ferenc was a featured speaker at the Southern Crop Production Association (SCPA) Annual Meeting held on October 24, 2011 in South Carolina. Speaking before an audience of more than 125 individuals representing the pesticide registrant community, CPDA President Ferenc provided an update on EPA’s implementation of the Endocrine Disruptor Screening Program (EDSP), the status of negotiations over the reauthorization of PRIA, the development of EPA’s Pesticide General Permit for discharges of certain pesticide applications on, over, or near U.S. waters, and the Endangered Species Act consultation process in evaluating the effects of pesticides. To read more click here.

EPA Releases its Final NPDES Pesticide General Permit:  As EPA had announced during the October meeting of the Pesticide Program Dialogue Committee (PPDC), the Agency has released its Pesticide General Permit (PGP) for discharges of certain pesticide applications on, over, or near waters of the U.S. The PGP was finalized by the court-ordered deadline of October 31, 2011 with an effective date of November 1, 2011 and is available on EPA’s web site at http://cfpub.epa.gov/npdes/home.cfm?program_id=410 but is not subject to further public comment. The PGP is identical to the pre-publication version of the draft final PGP released on April 1, 2011 with the exception that the final permit includes a set of conditions in response to the recommendations made by the National Marine Fisheries Service in its June 17, 2011 draft Biological Opinion (BiOp) pursuant to Section 7 of the Endangered Species Act (ESA). EPA has signaled that once the U.S. Fish and Wildlife Service has completed its consultations with the Agency and developed its BiOp recommendations, the PGP may be subject to further revision. The Federal Register notice announcing the final PGP including the statutory and regulatory history surrounding its development as well as its scope and applicability may be accessed at http://www.federalregister.gov/articles/2011/11/07/2011-28770/final-national-pollutant-discharge-elimination-system-npdes-pesticide-general-permit-for-point.

CPDA Annual Meeting Presentations are Now Available Online:  Click here to view the speaker presentations from the CPDA Annual Meeting held July 17-19, 2011 at the Don CeSar Resort in St. Pete Beach, Florida.

President Seeks Pesticide Fee Increases in Deficit Reduction Plan:  President Obama has proposed a $740 million increase in pesticide registration, maintenance, and tolerance fees over the next ten years as part of his detailed plan to cover the costs of the American Jobs Act. Titled “Living Within Our Means and Investing in the Future: The President’s Plan for Economic Growth and Deficit Reduction,” the Administration’s plan outlines specific programmatic and budgetary changes aimed at realizing $3 trillion in savings over the next decade. The Budget Control Act, signed into law in August 2011, calls for $1 trillion in cuts in annual government spending over ten years and charges the Joint Select Committee on Deficit Reduction with finding an additional $1.5 trillion in savings. In combination with the deficit reductions contained in the Budget Control Act, the President’s economic plan, if enacted in its current form, would slash the deficit by more than $4 trillion.  Click here to read more.

EPA Releases Annual Report Summarizing the Agency's PRIA Implementation Activities:  EPA’s annual report summarizing the status of the Agency’s implementation of PRIA is now available. The Agency is required to publish the report under Section 33(k) of FIFRA as amended by PRIA. This seventh annual report covers EPA’s PRIA activities during Fiscal Year 2010 (October 1, 2009 through September 30, 2010) and includes a discussion of the amount of registration and maintenance fees collected, actions completed, process improvements that have been implemented, due date extensions, and a variety of other PRIA related matters. Of special interest, in discussing its efforts to improve the quality of applications for registration, EPA notes its participation in CPDA meetings among other activities. To access the report, click here.

PRIA Discussions Underway:  In related PRIA activities, CPDA and other members of the PRIA Coalition have been meeting with EPA representatives to discuss the early reauthorization of PRIA.  CPDA is a member of several work groups which have been reviewing the current structure of product registration categories under PRIA for possible revision.  CPDA encourages its members to provide our office with input on changes they believe would allow for improved efficiencies in the ongoing implementation of PRIA.

Environmental Groups File Lawsuit Against EPA Alleging Violation of ESA:  On November 29, 2010, a coalition of environmental and fishing groups filed a lawsuit in the U.S. District Court for the Western District of Washington alleging that EPA failed to implement the risk mitigation measures set forth in two Biological Opinions (BiOps) issued by the National Marine Fisheries Service (NMFS) that address the impact of six specific pesticides on endangered and threatened Pacific salmon and steelhead. The first of these biological opinions was issued by NMFS on November 18, 2008 and addressed the use of the organophosphate pesticides diazinon, malathion, and chlorpyrifos. The second BiOp was issued on April 20, 2009 and evaluated the potential ESA impacts of three carbamate pesticides including carbaryl, carbofuran, and methomyl. The lawsuit seeks a judgment declaring that EPA’s failure to implement the recommendations contained in the two NMFS BiOps violates Section 7(a)(2) of the Endangered Species Act (ESA) and constitutes a taking of listed species in violation of Section 9 of the statute. The plaintiffs are asking the court to set aside EPA’s authorization of the use of the six pesticides that do not comply with the risk mitigation measures recommended by NMFS until such time as the Agency has put in place permanent use restrictions that ensure against likely jeopardy to listed salmon and steelhead or adverse modification of their critical habitat. In addition, the lawsuit seeks an order compelling EPA to put such permanent measures in place within one year.  To read the complaint filed with the court, click here.

EPA Posts Online Pesticide Label Training Tutorial on its Web Site:  EPA has posted on its web site an online pesticide label tutorial aimed at training EPA employees whose job includes the review of labels as part of the registration process. In announcing the online tutorial, the Agency states that pesticide industry employees who develop labels for submission to EPA will also benefit from the training as the material will give these individuals a better understanding of what constitutes an acceptable label. The online training course is divided into five modules as follows: Label Basics, Parts of the Label, Special Issues, Applying the Principles of Pesticide Label Review, and Emerging Issues andCourse Completion. The five modules track the key concepts and requirements set forth in EPA's Label Review Manual. EPA states that the entire training can be completed in one or two sittings. Individuals may come back to the training tutorial where they left off. A quiz is provided at the end of the tutorial to help individuals assess their basic comprehension of the key labeling concepts covered in the training course. To take the labeling training course, visit EPA's web site at http://www.epa.gov/pesticides/regulating/labels/pest-label-training/module1/index.html.

Updated Blue Book Posted on EPA's Web Site:  Updated "Blue Book" Now Available on EPA's Web Site: An updated version of the Pesticide Registration Manual,also known as the "Blue Book," is now available on EPA's web site.The manual describes EPA's review and decision making process for registering a pesticide product and its use. Detailed information for pesticide registrants concerning their responsibilities before, during and after the review process is also included in the manual. EPA ishoping to make available in the near future an electronicversion of the "Blue Book" inPDF format. The Agency intends to makesubsequent updates toindividual chapters of the manualas needed. The"Blue Book" may be accessed at http://www.epa.gov/opprd001/registrationmanual/.