As many of you know, the Chlorpyrifos ruling was not passed in the 2020 legislative session and we pointed to the ODA to help structure a compromise that would be a good work around, before it hit the legislation floor. Our lobbyist have been working diligently on this to keep it alive and working with the ODA. The committee has until end of day today (Friday) to finish submitting comments, which to date have been very effective in helping negotiate things. At this point we successfully extended public comments to go until August 1st. These will open up shortly, so I will let you know when they are ready to have comments submitted.
The agency is considering taking a pretty aggressive approach to mitigation measures. Based on conversations ODA staff has had with workgroup members, the below mitigation options are on the table:
- EU MAgPIE buffers – note the 1000 ft buffer for aerial application and some ground application methods for sensitive sites
- California buffers based on California risk assessment
- Lorsban Advanced – apply aquatic buffers to sensitive sites
- ODA work group proposal from May 27 meeting:
- 300 ft buffer around schools, day care, elder care, hospitals
- 1000 feet from occupied farmworker housing or housing that will be occupied within 14 days
- 60 ft buffer for sensitive sites (defined on label) and permanent waterways
- 300 ft buffer for aerial application
Additionally, it sounds like Beyond Toxics and PCUN may be successful in their efforts to push for product cancellation, except for seed treatment and granular.
ODA has given workgroup members a Friday (tomorrow) deadline to respond to the above options. We joined a call with our partners and Corteva’s government affairs team this morning to discuss how to best move forward, but it is clear that we won’t be able to stop this. We’re working to craft one coordinated message in response to the options which will encourage ODA to focus on critical use, use on crops that don’t have alternatives, and request for consideration of alternative mitigation measures that aren’t buffers (closed systems, etc). We’re also going to push as hard as we can for any cancellation to be pushed as far out as possible.
The proposed rules will be posted by the SOS on July 1. At that point, the formal comment period will open and we will prepare comments as well as reach out to some of our Legislator champions who helped us last session on the Chlorpyrifos ban.