AAPCO Annual Meeting March 5, 2018

Rick Keigwin

Office of Pesticide Programs U.S. Environmental Protection Agency

Update on EPA’s Pesticide Program Activities

§ 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

Discussion Topics

OPP Organizational Changes

Office of Pesticide Programs

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Rick Keigwin, Director

Arnold E. Layne, Deputy Director

Update on PRIA

§ The expiration date of PRIA 3 was extended through the continuing resolution through late March 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.

Update on PRIA

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Dicamba

§ 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)

Dicamba Over-the-Top Uses

§ 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

2017 Incidents/Complaints

§ 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

2018 Label Changes

§ 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

Implementation of New Labels

Registration Review Updates

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

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•  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)

§ 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

Registration Review Status

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§ 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

Neonicotinoids

§ 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

Glyphosate

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Worker Protection Standard Update

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.

§ 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.

Regulatory Reform Agenda

§ 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

Potential Changes to the WPS

Certification of Pesticide Applicators Update

§ 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

Certification Rule Key Dates

§ 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-by-case basis as part of EPA’s review and approval of each revised state certification plan.

Implementation Timeline

§ 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.

Regulatory Reform Agenda

§ 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

Potential Changes to C&T

Pollinator Protection Update

§ 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

Acute Risk Mitigation Policy

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.

Endangered Species Act

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§ 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.

ESA Interagency Working Group

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Managing Pesticide Resistance

§ 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

New Guidance

§ 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

Next Steps

Thank You!