June 25, 2019

June 25, 2019

Subscribe to Latest Legal News and Analysis

June 24, 2019

Subscribe to Latest Legal News and Analysis

Federal Budget Deal Negotiations Fail to Advance PRIA Reauthorization

As reported in the trade press on February 14, 2019, following budget negotiations late on Wednesday, February 13, several legislative riders did not make it into the conference report for the final fiscal year (FY) 2019 omnibus spending package.  This purportedly includes an extension of the Pesticide Registration Improvement Extension Act (PRIA 3) or the long-awaited Reauthorization known as “PRIA 4.”  This may be the result of political pressure to avoid another government shutdown with a “clean bill” package capable of garnering the necessary votes.  The Senate and House are expected to vote on the omnibus package today, February 14, 2019, ahead of the expiration of the current budget resolution on February 15.  While much is still in flux, the final omnibus package once passed, will provide a clearer picture on any PRIA implications.  At this time it appears that, contrary to past budget resolutions, PRIA 3 will not be extended.  More information on the recent PRIA extensions is available in our blog items Continuing Resolution to Re-open the Government Includes PRIA Extension and Registrants Face PRIA and Shutdown Issues.

In the event of a lapse, the “phase-down” provisions in the statute will mean that new submissions require a reduced fee schedule, but submissions will no longer have an associated PRIA deadline for a decision on the application.  The U.S. Environmental Protection Agency (EPA) will likely “clarify” in the coming days and weeks what this means for any expectation for an application submitted during this time.  During the recent shutdown, EPA stated that applications submitted during that temporary lapse only required the reduced fee.  At that time, however, since no deadline was required for such an application, EPA advised that applicants should expect guidance as to when to expect a decision (that is, in effect, do not bother to submit things during the shutdown period since PRIA actions with an associated deadline will have priority for the foreseeable future).  When the federal government reopened on January 28, however, EPA processed all applications received during the shutdown as PRIA actions submitted on January 28.

Now with PRIA likely not in effect after February 15, 2019, even with an approved EPA budget for FY2019, EPA will have to evaluate what to communicate to applicants about what to expect during the time of the PRIA 3 phase-down.  Any plans for this period may be affected by provisions in PRIA 4.  On February 13, 2019, the Senate introduced standalone PRIA 4 legislation (S. 483) with bipartisan support which could facilitate relatively quick Senate action on a PRIA 4 proposal.  The House would also need to take action to renew the program.

Because no PRIA action was taken in the budget agreement, important questions now swirl about the program, including:  

  • What happens to any new submissions?  

  • Will there be impacts on pending deadlines?  

  • What exactly will happen to any submissions made during the current “no PRIA” period?  

  • What might be the longer term impact of this (in)action on general pesticide program operations (e.g., staffing, contracts, schedules for non-PRIA actions)?

EPA will be addressing these and many other important questions over the next few days. 

©2019 Bergeson & Campbell, P.C.

TRENDING LEGAL ANALYSIS


About this Author

James V. Aidala, Bergeson, Senior Government Affairs Consultant, Toxic Substances Lawyer
Senior Government Affairs Consultant

Jim Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. is a critical ally for any client addressing chemical policy, legislative, and related issues. He has been intimately involved with the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) legislative reauthorization and key regulatory matters for over two decades. Mr. Aidala brings extensive legislative experience on Capitol Hill and past experience as the senior official at the U.S. Environmental Protection Agency (EPA) for pesticide...

616-682-9194
Sheryl Dolan, Senior Regulatory Consultant, Toxic Substance Control Act, Nanoscale Chemicals, Bergeson and Campbell Law Firm
Senior Regulatory Consultant

Sheryl Dolan is an excellent asset to clients who have issues in chemical regulation, registration, and compliance management matters. She works with manufacturers of conventional and nanoscale chemicals, and industrial and consumer products, including intergeneric microorganisms, for compliance with requirements under the Toxic Substances Control Act (TSCA). She also works with registrants of agricultural and other conventional pesticides, antimicrobial products, biopesticides, and plant regulators to register and manage compliance with requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Ms. Dolan helps reduce enforcement risk and improves product stewardship practices for Bergeson & Campbell, P.C. (B&C®) clients by assisting them in assessing and improving compliance practices. She also can assist in bringing new and/or improved products to market by obtaining timely regulatory approvals of new chemicals and products. She has worked with several clients to leverage environmentally preferable and bio-based product attributes into sales opportunities.

202-557-3804
Susan M. Kirsch, Bergeson Campbell, agriculture industry lawyer, commodity grower communities attorney
Government Affairs Advisor

Susan M. Kirsch, Government Affairs Advisor for Bergeson & Campbell, P.C. (B&C®), offers regulatory and technical policy expertise at the local, state, and federal levels to clients in the agriculture and commodity grower communities, including those engaged in pesticide and fertilizer manufacturing, crops and livestock production, biotechnology, seed production, food processing, and bioenergy crops production. Ms. Kirsch assists clients in achieving competitive advantage by developing environmental and water quality compliance approaches that are...

202-557-3810