As you well know, the government shutdown is impacting functionality in several service areas related to agriculture. IL Corn is closely monitoring these impacts and will pass along a topline review of the most relevant information as we discover it. Today, we learned of some details related to pesticide registrations that will be impacted by the shutdown at the EPA. President Trump and Congressional leaders plan to meet at the White House today (Jan 4) in an effort to reach a funding agreement, but a quick resolution is not expected.
On January 3, 2019, the House passed a bill that would fund EPA through September 30, 2019, and extend the Pesticide Registration Improvement Renewal Act (PRIA-3) through March 1, 2019. The bill does not include any funding for a border wall or fence and therefore is opposed by President Trump. The Senate does not currently have any plans to take up the measure.
The following notice was just posted on the EPA website:
Due to the government shutdown, any submissions to EPA after December 28, 2018, will not be considered received or processed until after a change in EPA’s operational status for work to resume.
Please note that the Pesticide Registration Improvement Renewal Act (PRIA 3) expired on December 21, 2018. Per phase-out provisions described in FIFRA sec. 33(m)(2)(B), registration service fees for new applications received after that date will be reduced by 70% from the fiscal year 2017 levels. In addition, such applications will not be subject to the decision review time frames specified in PRIA 3. Pending a change in EPA’s operational status, applications received after December 21, 2018, will be subject to these new provisions, and applications received on or prior to December 21, 2018, will continue to be reviewed under the decision time frames specified in PRIA 3.
IL Corn has also learned the following:
- The Pesticide Submission Portal is essentially shut down and not being manned.
- Maintenance fees were invoiced while EPA still had authority and registrants are obligated to pay those fees for FY 19. The deadline for payment was extended until February 15.
- The PRIA phase down is essentially a one-year phase-down since it occurred in FY 19 and not FY 18, which is why there is a 70% fee reduction.
- There are no PRIA time times for actions submitted after Dec. 21, 2018. PRIA timeframes still apply for PRIA actions submitted prior to Dec. 21.
- In terms of Notices of Arrivals, the EPA regions handle them. Most but not all NOAs submitted through the Automated Commercial Environment (ACE) are going through. There appear to be some issues with unregistered products for R and D and some trade zone imports. Paper submissions are not being looked at. Almost all regional staff is furloughed but each region does have a person on call to coordinate with Customs and Border Protection if there is a major issue with imports.