NPMA Provides Regulatory, Legislative Update

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November 5, 2014

The National Pest Management Association (NPMA) provided at PestWorld 2014 a regulatory and legislative update.

Gene Harrington, NPMA’s vice president of Government Affairs, and Marcia Duke, NPMA’s director of Regulatory Affairs, examined the issues that have had, or are having, an impact on pest management professionals (PMPs).

The most challenging battle the organization has faced in the past 20 years is pollinator protection, Harrington told attendees of the educational session held Oct. 23.

Colony Collapse Disorder and an Oregon bee kill have led to strict regulations designed to protect bees.

“Prior to last June, pollinators were not on our radar,” Duke said. “The EPA called [NPMA Executive Vice President] Bob Rosenberg and said, ‘Something has to be done’ after the Oregon bee kill.”

The U.S. Environmental Protection Agency (EPA) now stipulates that some neonicotinoid pesticide labels include a bee hazard icon and language that advises: Do not apply while bees are foraging. Do not apply to plants that are flowering. Only apply after all flower petals have fallen off.

One example of how the new rules may affect PMPs, is they may be unable to treat a lawn for fleas if there are flowering dandelions, she said.

“This is the most pressing regulatory issue we have,” said Duke. “It has the propensity to change the way we do business.”

The NPMA is working closely with the EPA to ensure PMPs avoid inadvertently exposing pollinators to pesticides. She said PMPs can take advantage of online training, marketing materials, and an online resource, www.pollinatorhealth.org, to help educate employees and customers, and stressed the importance of letting them know the pest industry is not harming bees.

Another key issue for the NPMA is sulfuryl fluoride. In February, President Obama signed into law legislation that reverses an EPA regulation withdrawing the food uses for sulfuryl fluoride. Harrington said he was elated to win this big victory.

“We took our cause to Congress and won support from democrats and republicans,” he said.

Harrington also explained that the EPA reevaluates all fumigants every 15 years. Currently, they are undergoing the registration review process. “We’re working closely with the agency to make sure they understand the value of the fumigants,” he said.

The NPMA also is working on efforts to exempt lawful pesticide application from Clean Water Act permitting requirements. Harrington said the EPA will require CWA permits for certain pesticide applications directly to, or near, bodies of water.

An update on the Endangered Species Act litigation was offered as well. Harrington said that, although a federal court in California dismissed much of the “mega” lawsuit in August because the statue of limitations ran out, it still includes rodenticides and many commonly used general pest control products.

“We’ve obtained counsel because we feel the lawsuit is a threat,” Harrington said. “The EPA is actually defending their pesticide registration process and has done a good job fighting back. We appreciate their efforts.”

Duke reminded those in attendance to “spread the word” about the federal certification requirements for using restricted use pesticides (RUPs) on Indian country [Indian allotments still in trust, whether they are located within reservations or not]. The rules are new and not widely known she said, however, compliance is a must.

She also suggested members take advantage of a new resource regarding the Occupational Safety and Health Administration (OSHA). “You have rights when OSHA comes calling,” Duke said. “Contact NPMA for help.” The PMP OSHA Toolbox can be found on the NPMA website.

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  1. Art Manon says:

    It is hoped many other PMP’s besides myself realize these hard fought efforts & success & will share the education of & about our Industry on Capitol Hill & excercise our leverage & not be leveraged by excessive regulations due to lack of education. Having been to a Legislatative Day, before I realized amoung other benefits, I was honing my People Skills & felt like I was amoung the 20 percent club, as all the leaders supporting the industry by Belly to Belly education, not relaying on e-mail, or others, this is after all a People Business, not a phone it in service.