EPA Releases Temporary Guidance Regarding Certification of Pesticide Applicators During COVID-19

This announcement was published by the EPA on July 28, 2020. Click here for more!

EPA has released a temporary guidance regarding the certification of pesticide applicators of restricted use pesticides that offers flexibility during the COVID-19 public health emergency.

The Agency is aware that state, tribal and federal certifying authorities may need to make temporary changes to their existing pesticide applicator certification programs during this time. Given the evolving circumstances and the urgency involved, EPA has determined that certain temporary changes to their programs should be preapproved and may be implemented provided that they are not likely to significantly diminish applicator competence or undermine future certification activities and all conditions are met.

Currently, certifying authorities can make non-substantial changes to their certification plans without prior EPA approval, but need to notify EPA within 90 days or with the required annual report, whichever occurs first.

So long as such temporary changes are reported to EPA as outlined in the guidance, EPA does not intend to impose sanctions on certification programs that miss reporting deadlines specified in the CPA rule. EPA will instead accept notifications included in the annual reporting, which are due December 31, 2020.

EPA is temporarily pre-approving substantial modifications if the modifications meet all the following conditions:

  • Time-limited to no later than Dec. 31, 2021, and revocable within 90 days or less by the certifying authority if EPA determines that the modification is no longer appropriate;
  • Consistent with pesticide labeling;
  • Consistent with EPA’s Certification of Pesticide Applicators regulation;
  • Will not significantly diminish applicator competency; and,
  • Will not undermine future certification activities.

To read the temporary guidance in full, visit our webpage.

Additional Information

Certifying authorities must still obtain EPA’s advance approval of substantial modifications of their certification plans that do not meet all the above conditions. State and tribal certifying authorities should contact their EPA regional office for more information or to request approvals for substantial modifications to be made in response to the COVID-19 public health emergency.

This temporary guidance also includes a modification to the recertification period for certificates issued to certified applicators that apply restricted use pesticides in Indian country under EPA’s Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian country. Certified applicators holding an EPA-issued certificate based on a currently valid underlying certificate from another jurisdiction (e.g., state-issued) are granted an extension that aligns with the expiration date of the underlying certificate.

This guidance is temporary, and EPA will assess the continued need and scope of this temporary guidance on an ongoing basis. EPA will provide notice here under “Certifying Pesticide Applicators” at least seven days prior to terminating this guidance.

EPA Provides Consumers Additional Options for COVID-19 Disinfectants

This original announcement was published by the EPA on July 23, 2020. Click here for more!

Today, the U.S. Environmental Protection Agency (EPA) added 32 new surface disinfectants to List N, the agency’s list of products expected to kill SARS-CoV-2, the novel coronavirus that causes COVID-19.

“Since day one, EPA’s priority has been to provide the public with easy access to the information they need to protect themselves and their families from the virus that causes COVID-19,” said EPA Administrator Andrew Wheeler. “Through our efforts to expand List N, we are ensuring that Americans have a broad set of approved products to clean and disinfect surfaces to help reduce the spread of the coronavirus.”

Disinfectants can qualify for inclusion on List N three ways:

  1. The product has been tested against the coronavirus SARS-CoV-2 (COVID-19).
  2. The product has demonstrated efficacy against a different coronavirus similar to SARS-CoV-2 (COVID-19).
  3. The product has demonstrated efficacy against a pathogen that is harder to kill than SARS-CoV-2 (COVID-19).

EPA has added 32 new products to List-N. These products have already been approved as tuberculocidal. While they have not yet been tested against SARS-CoV-2, they are approved for killing the pathogen that causes tuberculosis and are expected to kill SARS-CoV-2 (COVID-19) when used according to the label (category three noted above).

Many tuberculocidal products are potent disinfectants and have a long history of use for cleaning hospitals and other health care settings. When using such products, it is critical to follow the label directions, including the precautionary statements.

Disinfectant products may be marketed and sold under multiple different brand and product names. Therefore, List N users should use the first two sections of a product’s registration number when searching List N, rather than its brand name. For example, if EPA Reg. No. 12345-12 is on List N, you can buy EPA Reg. No. 12345-12-2567 and know you’re getting an equivalent product. For more information on using an EPA registration number to search List N, see our FAQ at https://www.epa.gov/coronavirus/frequent-questions-about-disinfectants-and-coronavirus-covid-19.

Throughout the COVID-19 public health emergency, EPA has provided the American public with information on disinfecting surfaces against SARS-CoV-2. For more information about EPA’s response to COVID-19 visit: https://www.epa.gov/coronavirus

EPA Opens Comment Period on Pyridate Proposed Decision

This original announcement was published by the EPA on July 11, 2020. Click here for more!

 

EPA is taking comments on pyridate, a pesticide active ingredient that could help consumers with weed management and resistance.

EPA has opened a 30-day comment period on the Agency’s proposed decision to register one technical product and four end-use products for pyridate, an herbicide that controls various types of broadleaf weeds. Pyridate is proposed for use on weed control related to the growing of vegetables, including cabbage, chickpea (garbanzo bean), collards, field corn, mint and peanuts.

The proposed label for pyridate suggests it could be used on difficult-to-control and economically important weeds such as redroot pigweed and Palmer amaranth. Pyridate might also be important for over-the-top weed control in chickpeas and mint.

EPA has not identified any dietary, residential, aggregate or occupational risks of concern for human health. Based on the ecological assessment, the most notable finding involves larval bees. However, pyridate has a contact activity and is unlikely to move to pollen and nectar sources.  Additionally, none of the proposed crops involve sites where managed bees are used for pollination.

Pyridate was previously registered for use in the United States, but all registrations were cancelled in 2004 for administrative reasons. Tolerances for residues of pyridate were retained, and they will need no adjustments with this proposed registration.

The public comment period for this proposed decision will be open for 30 days, closing on August 10, 2020. Visit https://www.epa.gov/pesticides/open-comment-pesticide-actions-and-documents to read more and submit comments.

EPA takes action to help Americans disinfect indoor spaces efficiently and effectively

This original announcement was published by the EPA on July 7, 2020. Click here for more! 

Today, the U.S. Environmental Protection Agency (EPA) is taking action to ensure that Americans are able to disinfect public spaces effectively and efficiently to control SARS-CoV-2, the novel coronavirus that causes COVID-19. The newly released guidance outlines what information registrants need to submit in order to expedite the review of requests to add electrostatic sprayer application directions to disinfectant product labels for use against SARS-CoV-2.

“Cleaning and disinfecting surfaces continues to be an effective way to reduce the spread of the virus,” said EPA Administrator Andrew Wheeler. “With this guidance, EPA is ensuring offices, schools, and local governments have access to as many effective and approved surface disinfectant products as possible—including those designed to disinfect large indoor spaces.”

Electrostatic spraying has drawn increased interest through the public health emergency because of the need to disinfect large indoor spaces (e.g., schools, offices, businesses) or areas with many surfaces. Unlike conventional spraying methods, electrostatic sprayers apply a positive charge to liquid disinfectants as they pass through the nozzle. The positively charged disinfectant is attracted to negatively charged surfaces, which allows for efficient coating of hard nonporous surfaces.

EPA’s new guidance covers requests to add electrostatic spraying directions to both new and currently registered disinfectant products—including those on EPA’s List N: Disinfectants for Use Against SARS-CoV-2—that require review under Pesticide Registration Improvement Act (PRIA). Today’s guidance builds on EPA’s previously announced expedited review of certain submissions for products intended for use against SARS-CoV-2.

When using these products, always follow the directions and safety information on the label. A disinfectant product’s safety and effectiveness may change based on how it is used. If a product’s label does not include disinfection directions for electrostatic spraying, EPA has not reviewed any data on whether the product is safe and effective when used by this method.

EPA and the Centers for Disease Control and Prevention recently released updated guidance to help facility operators and families properly clean and disinfect spaces. The guidance provides step-by-step instructions for public spaces, workplaces, businesses, schools, and homes. EPA has compiled a list of disinfectant products, including ready-to-use sprays, concentrates, and wipes, that can be used against COVID-19.

For information on EPA’s efforts to help address the novel coronavirus, visit: https://www.epa.gov/coronavirus.

EPA approves first surface disinfectant products tested on the SARS-CoV-2 virus

This original announcement was published by the EPA on July 7, 2020. Click here for more!

 

Throughout the COVID-19 public health emergency, the U.S. Environmental Protection Agency (EPA) has worked to provide the American public with information about how to safely and effectively kill the novel coronavirus, SARS-CoV-2, on surfaces. Last week, EPA approved two products, Lysol Disinfectant Spray (EPA Reg No. 777-99) and Lysol Disinfectant Max Cover Mist (EPA Reg No. 777-127), based on laboratory testing that shows the products are effective against SARS-CoV-2.

“EPA is committed to identifying new tools and providing accurate and up-to-date information to help the American public protect themselves and their families from the novel coronavirus,”said EPA Administrator Andrew Wheeler. “EPA’s review of products tested against this virus marks an important milestone in President Trump’s all of government approach to fighting the spread of COVID-19.”

Before pesticide products can legally make claims that they can kill a particular pathogen such as SARS-CoV-2, the claim must be authorized by EPA based on a review of data. Because novel viruses are typically not immediately available for laboratory testing, EPA established guidance for Emerging Viral Pathogens.

In January 2020, the agency activated the guidance for the first time in response to the SARS-CoV-2 public health emergency. The guidance allows product manufacturers to provide EPA with data, even in advance of an outbreak, that shows their products are effective against harder-to-kill viruses than SARS-CoV-2. Through this guidance and the agency’s review of newly registered products, EPA’s list of products that meet the agency’s criteria for use against SARS-CoV-2 (known as List N) includes more than 420 products. In many cases, the agency was able to approve claims in as little as 14 days.

This week, EPA updated the entries for two products on List N to show they have now been tested directly against SARS-CoV-2. These are the first List N products for which the agency has reviewed laboratory testing data and approved label claims against SARS-CoV-2. EPA expects to approve such claims for additional List N products in the coming weeks.

All products on EPA’s List N meet the agency’s criteria for effectiveness against SARS-CoV-2. When using an EPA-registered disinfectant, follow the label directions for safe, effective use. Make sure to follow the contact time, which is the amount of time the surface should be visibly wet. Read the agency’s infographic on how to use these products.

Additional information on EPA’s coronavirus efforts: https://www.epa.gov/coronavirus

EPA Proposes Registration of Nootkatone, A New Active Ingredient in Insect Control

This original announcement was published by the EPA on July 1, 2020. Click here for more! 

EPA is seeking public comment on the proposed registration of a new active ingredient called nootkatone, which was discovered and developed by the Centers for Disease Control and Prevention and can be used as an insect repellent. The agency’s proposal adds a new active ingredient that can be used to protect people from biting insects and ticks.

Nootkatone is a naturally occurring substance found in minute quantities in Alaskan yellow cedar trees and grapefruit skin. It is responsible for the characteristic smell and taste of grapefruit and is widely used in the fragrance industry to make perfumes and colognes. Nootkatone is considered a biopesticide, or a pesticide derived from nature.

EPA currently has no applications to register consumer products containing nootkatone. Companies interested in developing insect repellents or insecticides with it as the active ingredient will be required to submit a registration package to EPA for review. Based on registration timeframes under the Pesticide Registration Improvement Act, new products using nootkatone could be available as early as 2022.

To read more about the proposed registration of nootkatone, see docket EPA-HQ-OPP-2018-0122 in www.regulations.gov. The public comment period will be open for 15 days, closing on July 14, 2020.

EPA to Improve the Endangered Species Act Consultation Process for Pesticides

This original announcement was published by the EPA on June 27, 2020. Click here for more!

Today, the U.S. Environmental Protection Agency (EPA), in collaboration with federal partners, met a congressional commitment by submitting its second report to Congress highlighting the progress achieved to date with creating a more efficient and effective review process regarding pesticide impacts under the Endangered Species Act (ESA).

Highlights of the report include:

  • How a new method announced in March 2020 for conducting biological evaluations under the ESA will assure that pesticide registration review actions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) do not jeopardize endangered species. The updated method ensures that—when available—the agency will use high-quality historical data that reflects where and how certain pesticides are used;
  • How incorporating recent revisions to regulations associated with the ESA consultation process helps with efficiency across agencies; and,
  • What the agencies are doing to improve communications and outreach, and how they are actively soliciting stakeholder feedback and engagement during the consultation process.

The ESA is a proven and critical tool for ensuring the recovery and protection of the nation’s most vulnerable species and habitats. However, for decades EPA’s approach for assessing pesticides risks to endangered species resulted in costly, time-consuming litigation and delays in pesticide registration decision-making.

As directed by Congress through the 2018 Farm Bill, EPA, the U.S. Department of the Interior, U.S. Department of Commerce, U.S. Department of Agriculture, and the White House Council on Environmental Quality established an interagency working group (IWG) in 2018 tasked with providing recommendations and implementing a strategy to improve the Endangered Species Act of 1973 consultation process for pesticides.

The first report from the IWG was submitted to Congress on December 2019 and identified several proposals to improve the ESA consultation process for pesticide registration and registration review, plans for implementation of those proposals, and areas of consensus and continuing topics of debate.

EPA Releases Guidance on Pesticide Safety Training Requirements During COVID-19

This original announcement was published by the EPA on June 19, 2020. Click here for more.

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Agricultural workers and pesticide handlers directly support the nation’s agricultural production and food supply and EPA is committed to ensuring they are protected from workplace hazards.

EPA has released guidance regarding the annual pesticide safety training requirements outlined in the Agricultural Worker Protection Standard (WPS) that offers flexibility during the COVID-19 public health emergency.

The Agency is aware that COVID-19 may make it difficult for agricultural employers and handler employers to provide WPS pesticide safety training or hire agricultural workers and pesticide handlers who have been trained in the last 12 months, as required by the WPS.

In response, the guidance aims to inform agricultural employers and handler employers of flexibilities available under the WPS to allow continued protection for employees and agricultural production:

  • EPA encourages in-person training if workplace protections to maintain a healthy work environment are able to be implemented. For example, an employer may be able to provide pesticide safety training outside, in smaller than usual groups with well-spaced participants.
  • Alternatively, WPS training can be presented remotely, provided all WPS training requirements are met.
  • The employer is ultimately responsible for ensuring the training meets all requirements outlined in the WPS. For example, the training must still be presented in a manner the trainees can understand, in an environment reasonably free from distractions, and cover the full training content using EPA-approved training materials.
  • Once the training ends, the employer must document successful completion under a qualified trainer.

To read the guidance in full and to learn more about EPA’s Worker Protection Standard, visit our webpage.

EPA Providing Excess PPE for Fighting COVID

This original announcement was published by the EPA on June 13, 2020. Click here for more. 

The U.S. Environmental Protection Agency (EPA) announced that it is working with the Federal Emergency Management Agency (FEMA) to transfer an additional 22,000 pieces of excess personal protective equipment (PPE) to emergency and health professionals on the COVID-19 frontlines. The Agency maintains a supply of PPE for mission-critical work such as the laboratory work conducted at EPA’s Environmental Science Center at Fort Meade, Md., as well as responding to emergencies, including chemical, oil, radiological and biological incidents.

“Having sufficient personal protective equipment is crucial for the emergency services personnel and health professionals on the frontlines of combatting COVID-19,” said EPA Administrator Andrew Wheeler. “EPA is making excess PPE available to these responders, and we also stand ready to perform missions we may be called upon to fulfill in this ongoing fight.”

“EPA is committed to ensuring any excess equipment we have on hand be made available to first responders combatting the coronavirus.” said EPA mid-Atlantic Regional Administrator Cosmo Servidio. “We are actively working with FEMA officials to provide what limited quantities of equipment we have to those who need it most.”

“EPA’s Office of Chemical Safety and Pollution Prevention is proud to donate 8,800 pieces of PPE to help protect those who are tirelessly working on the front lines to slow the spread of COVID-19,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Alexandra Dapolito Dunn. “Whether it is donating PPE, practicing social distancing, or using an EPA-approved disinfectant that is effective against the novel coronavirus, we all have a part to play in this public health emergency.”

EPA’s Mid-Atlantic Regional Office partnered with EPA’s Office of Chemical Safety and Pollution Prevention’s Microbiology and Analytical Chemistry Laboratories to identify excess personal protective equipment after assessing how much equipment would be needed to support EPA’s essential functions. Among the items are protective disposable gloves, eye protection, lab coats and full-body protective coverall suits. EPA will donate excess equipment while still maintaining its emergency response readiness.

About EPA’s Microbiology Laboratory:

The Microbiology Laboratory, located at Fort Meade, Md., is an integral part of EPA’s Office of Chemical Safety and Pollution Prevention. The laboratory is responsible for the standardization of existing test methods and the development and validation of methods for new uses and emerging pathogens for antimicrobial products with public health claims—products used to kill or suppress the growth of pathogenic microorganisms on inanimate objects and surfaces.

About EPA’s Analytical Chemistry Laboratory:

The Analytical Chemistry Laboratory, located at Fort Meade, Md., also provides EPA’s Office of Chemical Safety and Pollution Prevention with scientific, laboratory, and technical support through chemical analyses of imported products and other materials for pesticides and related chemicals.

To view EPA’s list of disinfectants for use against SARS-CoV-2, the novel coronavirus that causes COVID-19, visit https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2 .

For information about EPA’s involvement with the COVID-19 response, please visit: https://www.epa.gov/coronavirus.

EPA Offers Clarity to Farmers in Light of Recent Court Vacatur of Dicamba Registrations

This original announcement was published by the EPA on June 9 2020. Click here for more. 

WASHINGTON (June 8, 2020) — Today, the U.S. Environmental Protection Agency (EPA) issued a key order providing farmers with needed clarity following the Ninth Circuit Court of Appeals’ June 3, 2020, vacatur of three dicamba registrations. Today’s cancellation order outlines limited and specific circumstances under which existing stocks of the three affected dicamba products can be used for a limited period of time. EPA’s order will advance protection of public health and the environment by ensuring use of existing stocks follows important application procedures.

“At the height of the growing season, the Court’s decision has threatened the livelihood of our nation’s farmers and the global food supply,” said EPA Administrator Andrew Wheeler. “Today’s cancellation and existing stocks order is consistent with EPA’s standard practice following registration invalidation, and is designed to advance compliance, ensure regulatory certainty, and to prevent the misuse of existing stocks.”

EPA’s order will mitigate some of the devastating economic consequences of the Court’s decision for growers, and particularly rural communities, at a time they are experiencing great stress due to the COVID-19 public health emergency.

Details of the Order

EPA’s order addresses sale, distribution, and use of existing stocks of the three affected dicamba products – XtendiMax with vapor grip technology, Engenia, and FeXapan.

  1. Distribution or sale by any person is generally prohibited except for ensuring proper disposal or return to the registrant.
  2. Growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020.

Background

On June 3, 2020, the Ninth Circuit Court of Appeals issued an order vacating EPA’s pesticide registrations containing the active ingredient dicamba: Xtendimax with Vaporgrip Technology (EPA Reg. No. 524-617); Engenia – (EPA Reg. No. 7969-345); and FeXapan – (EPA Reg. No. 352-913).

Dicamba is a valuable pest control tool that farmers nationwide planned to use during the 2020 growing season. Since the Court issued its opinion, the agency has been overwhelmed with letters and calls from farmers citing the devastation of this decision on the millions of acres of crops, millions of dollars already invested by farmers, and threat to America’s food supply.