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Pesticide Registration Service Fees. Overview of Pesticide Registration Improvement Renewal Act Marty Monell Deputy Office Director Office of Pesticide Program Pesticide Registration Improvement Renewal Act (PRIA2) Workshop November 27, 2007.

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Pesticide registration service fees

Pesticide Registration Service Fees

Overview of Pesticide Registration Improvement Renewal Act

Marty Monell

Deputy Office Director

Office of Pesticide Program

Pesticide Registration Improvement Renewal Act (PRIA2) Workshop

November 27, 2007


Pesticide registration improvement renewal act pria2
Pesticide Registration Improvement Renewal Act (PRIA2)

  • Coalition of Stakeholders (Farm Bureau, Registrants, Growers, Public Interest Groups) to ensure stable funding for OPP

    • American Chemistry Council Biocides Panel

    • Biotechnology Industry Organization

    • Biopesticide Industry Alliance

    • Chemical Producers & Distributors Association

    • Consumer Specialty Products Association

    • CropLife America

    • International Sanitary Supply Association

    • Natural Resources Defense Council

    • Protected Harvest

    • Responsible Industry for a Sound Environment


Pria2
PRIA2

  • Highlights of changes to PRIA in PRIA2

  • PRIA2

    • signed by the President October 9, 2007,

    • retroactive to October 1, 2007

  • Two Types of Fees

    • Maintenance Fees

    • Registration Service Fees


Maintenance fees
Maintenance Fees

  • Support Reassessment of registered pesticides

    • “Old Chemical program”

  • Support Reregistration – complete reassessment of nonfood pesticide and product reregistration

  • Under PRIA2 – Maintenance fees can be used for registration review


Maintenance fees1
Maintenance Fees

  • Subsequent Registration Review

    • Administrator shall complete a subsequent registration review for each pesticide or pesticide case

    • This review will occur no later than 15 years after the date on which the initial review is completed

    • Additional reviews to be completed each 15 years thereafter


Maintenance fees2
Maintenance Fees

  • $110 M to be collected over 5 years

    • $22M per year

  • Caps slightly increase

  • FY08 → FY12 approximately $3M earmarked for fast tracks & new inert reviews


Registration service fee enhanced service
Registration Service Fee “Enhanced Service”

  • PRIA

    • March 23, 2004 → September 30, 2008

  • PRIA2

    • Implementation October 1, 2007

  • Fees tied to specific decision completion timeframes


Other fees
Other Fees

  • Cannot levy other registration fees

  • Suspends authority to collect the tolerance petition fee through September 30, 2012


Pria principles
PRIA Principles

  • Consistent with Statute

  • Ease of Implementation

  • Fairness

  • Transparency


Timeframes and fees
Timeframes and Fees

  • 90 to 140 fee categories

  • Applications now covered by PRIA2

    • Protocols

    • Waivers

    • Refined eco/endangered species

    • Uncleared inerts in products


Timeframes and fees1
Timeframes and Fees

  • Timeframes further reduced for reduced risk

  • Fees:

    • FY08 increased for conventional applications, same for others from FY07

    • FY09 - +5% increase

    • FY11 - +5% increase


Fee payments
Fee Payments

  • Full fee payment at time of submission

    • Developed web information

  • All requests for small businesses waivers must include partial payment of at least 25% fee

  • Additional fees may be billed:

    • Incorrect fee and decision review period

    • Waiver request denied

    • Different fee and decision review period determined


Fee payment
Fee Payment

  • Refund if too much is paid

  • 25% of fee nonrefundable

  • If application is rejected, Agency will retain 25% of fee


Fee payment1
Fee Payment

  • If no payment is received 30 days after fee is due, fee will be treated as claim of the US Government (subchapter II of chapter 37 of title 31)

  • Applications received by EPA as of October 1, 2007 fall under PRIA2, earlier applications continue under PRIA

    • Interim invoicing application received during October to allow applicants time to become familiar with new payment process


Waivers small business
Waivers: Small Business

  • If applicant provides adequate documentation demonstrating that it qualifies as a small business (i.e. average annual global gross pesticide revenues of less than $60M)

    • 50% is waived

  • If applicant provides adequate documentation demonstrating that it qualifies as a small business (i.e. average annual global gross pesticide revenues less than $10M)

    • 75% is waived


Waivers other
Waivers: Other

  • IR-4

    • Exempt if in conjunction with IR-4 petition and in the public interest

  • Minor Uses

    • May be waived or reduced

  • Exempt from registration fees

    • Agencies of Federal and State Government


Withdrawal refunds
Withdrawal – Refunds

  • If application withdrawn within 60 days after start, then 75% of fee is refunded

  • If application is withdrawn more than 60 days after start date, then refund based on % of work not completed

    • Refunds can not exceed 75%

  • Determination of the amount of the refund must be made within 90 days after the date of the withdrawal

    • Formula http://www.epa.gov/pesticides/fees/questions/waivers.htm


Authority to assess fees
Authority to Assess Fees

  • Authority to assess fees is suspended if Congressional appropriations fall below the amount allocated to OPP in FY02 by more than 3%

  • This protection applies for FY08 → FY12


Start of the decision time review period
Start of the Decision Time Review Period

  • Decision time review period begins 21 days after EPA receives the fee payment and application

    • Administrator will perform an initial screening of contents of the application

    • Application contains necessary forms, data, and draft labeling in accordance with the Administrator’s Guidance

    • If application does not pass initial screening and cannot be corrected in 21 days, Administrator reject no later than 10 days after determination


Start of the decision time review period1
Start of the Decision Time Review Period

  • For applications with a waiver

    • Provided the 25% or 50% have been paid, clock starts when waiver is granted

    • If denied, it starts when full payment is received


Timeframes
Timeframes

  • The timeframes established in PRIA are the MAXIMUM allowable timeframes. In many cases, OPP is able to complete the registration prior to the PRIA due date

  • PRIA provides expedited timeframes for “reduced risk” actions

  • Can be extended by mutual agreement between registrant and EPA (i.e. negotiated due date)


Negotiations
Negotiations

  • Regulatory division/Registrant identifies the need to extend/renegotiate the decision time review period and reach agreement in writing on new due date

  • The Deputy Office Director or Office Director gives decision if a new due date will be given


Pria determination to not grant
PRIA Determination to Not-Grant

  • Registering Division determines the application does not meet FIFRA standard for registration

  • Involves missing data or information that makes it difficult for the Agency to predict the amount of time it will take to reach a decision on the action

  • It completes a PRIA decision within the review timeframe and issued on a case by case basis

  • The Office Director or Deputy Office Director signs the “PRIA determination to not grant” letter


Judicial review
Judicial Review

  • Judicial review for new AIs & new uses where completion timeframe is exceeded by more than 2 years

    • Covers only new AIs & new uses and only those for which a fee has been paid

    • Can only be requested 2 years after the decision review period has expired


Judicial review1
Judicial Review

  • Registrant must request a meeting with the Agency to try to work out the problem 4 months prior to petitioning for judicial review

  • Judicial review remedy can NOT result in any fee refund


Worker protection
Worker Protection

  • Increase from PRIA

  • To enhance scientific and regulatory activities, for FY08 → FY12, the Administrator shall use about 1/17th of the Fund (not less than $1,000,000)

    • PRIA - $750K per year


Other initiatives
Other Initiatives

  • Partnership grants – New

    • FY08 and FY09 - $750K

    • FY10 → FY12 - $500K

  • Fund Pesticide Safety Education Program (PSEP) – New

    • FY08 → FY12 – $500K


Improvements
Improvements

  • Statutory Provision

    • …the Administrator shall identify and evaluate reforms to the pesticide registration process under this Act with the goal of reducing decision review periods in effect…

  • Stakeholder Subcommittee of PPDC formed

    • PPDC PRIA Process Improvement Workgroup


Accounting
Accounting

  • Annual inspector general audit report detailing

    • amount of fees received,

    • expenditures from the fund,

    • decision making performance

      achieved in comparison with decision

      completion time periods, and

    • reasonableness of overhead costs

  • IG report goes to Administrator and appropriate Congressional Committees


Annual reports
Annual Reports

  • # of applications reviewed and their individual decision timeframes

  • # of label amendments reviewed using electronic means

  • Amount of money from Reregistration and Expedited Processing Fund money used to carry out inert and similar application reviews

  • # of applications completed for identical or substantially similar applications (and # completed within 90days)


Annual reports1
Annual Reports

  • # of actions pending in each covered category including new inert petitions

  • Progress made in meeting timeline requirements

  • Description of staffing and resource allocations to support decision-making for covered actions


Annual reports2
Annual Reports

  • Include as appropriate recommendations for:

    • Expansion of self-certification

    • Accreditation of outside reviewers

    • Broadening the scope of the notifications process

    • Electronic submission and review of labels

    • Use of acute toxicity study summaries


Annual reports3
Annual Reports

  • Use of Performance based contracts

  • Review of progress of registration review

    • # of pesticide or pesticide cases reviewed

    • Staffing and costs related to Reregistration and Registration Review

  • Recommendation for:

    • Process improvements handling registration review

    • Accreditation of outside reviewers

    • Streamlining registration review process


Annual reports4
Annual Reports

  • Review of timelines for Antimicrobials 3(h)

  • Review of inert ingredients, including the number of applications pending, new applications, applications reviewed, staffing resources devoted to improve the timeliness

  • Reports due March 1 (of each year) on the web

    • http://www/epa.gov/pesticides/fees/


Phase out
Phase Out

  • Sunset – September 30, 2012

  • In FY13, the first year of the phase out, fees are reduced by 40% from FY08 levels

  • In FY14, the second year of the phase out, fees are reduced by 70% from FY08 levels


Pria2 implementation
PRIA2 Implementation

  • IT systems modified

  • Website – information updated

    • Decision Tree

    • PRIA2 on http://www.epa.gov/pesticides/fees/

  • Federal Register Notice Fee Schedule


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