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EPA’s Spring 2018 Unified Agenda and Regulatory Plan Includes Pesticide Rulemakings

On May 9, 2018, the Office of Information and Regulatory Affairs (OIRA) posted the Spring 2018 Unified Agenda and Regulatory Plan.  OIRA states that the semi-annual Unified Agenda and Regulatory Plan “provide uniform reporting of data on regulatory and deregulatory actions under development throughout the Federal government, covering over 60 departments, agencies, and commissions.”  Below are highlights of rulemakings from the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) that are related to pesticides:

  • Pesticides; Expansion of Crop Grouping Program (RIN 2070-AJ28):  EPA is revising in phases the current pesticide crop grouping regulations to create new crop groupings, add new subgroups, and expand existing crop groups by adding new commodities.  EPA plans to propose a fifth phase by February 2019 and a sixth phase by August 2019;
  • Pesticides; Procedural Rule Amendment; Requirement for Certain Pesticide Actions to Publish Notices in the Federal Register (RIN 2070-AK06):  EPA is considering revising several procedural regulations that require it to use a notice published in the Federal Register “to provide information and notice concerning registration of a pesticide product with a new active ingredient or new use; announce approvals of specific quarantine and public health exemptions; and summaries of certain state registrations.”  Instead, EPA would provide the same information on a consolidated website.  EPA plans to issue a notice of proposed rulemaking (NPRM) in September 2018;
  • Pesticides; Certification of Pesticide Applicators Rule; Reconsideration of the Minimum Age Requirements (RIN 2070-AK37):  In spring 2017, EPA solicited comments on regulations that may be appropriate for repeal, replacement, or modification.  EPA states that it received comments specific to the January 4, 2017, certification rule and has decided to reconsider one requirement of the final rule.  EPA intends to publish an NPRM in September 2018; and
  • Pesticides; Agricultural Worker Protection Standard (WPS); Reconsideration of Several Requirements (RIN 2070-AK43):  As reported above, in spring 2017, EPA solicited comments on regulations that may be appropriate for repeal, replacement, or modification.  EPA received comments suggesting specific changes to the 2015 revised WPS requirements.  Based on comments raised, EPA intends to publish an NPRM in September 2018.

Jessie Nguyen contributed to this piece.

©2018 Bergeson & Campbell, P.C.

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Carla Hutton, Bergeson Campbell PC, global regulatory attorney, public health activists lawyer, metals industry legal counsel, Toxic Substances Control Act law
Regulatory Analyst

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C's clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client...

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