News Bites EPA Finalizes Controversial Clean Water Act Rule On May 27, 2015, EPA and the U.S. Army Corps of Engineers finalized the controversial WOTUS rule which sets forth a definition of “waters of the United States” that will significantly expand the types of land and water bodies that will be subject to NPDES permtting requirements pursuant to the Clean Water Act. Under the rule, EPA will be able to regulate isolated wetlands and ponds located on farms by designating them as “regional water treasures.” In addition, isolated bodies of water will be deemed regulated “systems” thus expanding federal control over thousands of farm fields throughout the country. Legislation has been introduced in the Senate (S. 1140), titled the Federal Water Quality Protection Act, that would rein in what is widely viewed within the regulated community as the rule’s regulatory “overreach.” The Senate Committee on Environment & Public Works, chaired by Senator James Inhofe (R-OK), is expected to mark up the measure shortly. Prospects for a Congressional fix, however, remain uncertain given that the House and Senate would need enough votes to override a likely Presidential veto of any bill that would repeal the rule. CPDA will continue to monitor further developments on this issue as they occur. CPDA Summer Conference & Annual Meeting August 3-5, 2015 The Hermitage Hotel Nashville, Tennessee Registration is Now Open! Visit www.cpda.com for more information Issue Highlights (June 8, 2015) • • • EPA Finalizes Controversial Clean Water Act Rule OSHA Interim Enforcement Guidance on HCS 2012 Addresses CPDA Worker Safety Concerns CPDA’s John Boling Organizes Pac Pals Event OSHA Interim Enforcement Guidance on HCS 2012 Addresses CPDA Worker Safety Concerns In response to the concerns raised by CPDA regarding worker safety risks that could ensue if distribution warehouse employees are forced to re-label millions of individual end use product containers and bags over the next six months, the Occupational Safety and Health Administration (OSHA) provided temporary relief. Under interim guidance on the Hazard Communication Standard (HCS 2012) issued by OSHA on May 29, 2015, no distributors will be required to affix HCS 2012-compliant labels to individual product containers that bear HCS 1994-compliant labels and are already “packaged for shipment” – meaning those existing stocks that are boxed, palletized, or shrink-wrapped. However, an HCS 2012-compliant label and Safety Data Sheet (SDS) for each individual product container within a shipping unit must accompany the shipping unit when it is distributed. In these situations, the relabeling of existing stocks would not have to take place until December 1, 2017. The previous guidance, issued on February 9, 2015, was silent on the relabeling of existing stocks already ‘packaged for shipment.’ OSHA’s latest guidance represents a significant ‘win’ for the protection of worker safety. CPDA continues to work with OSHA in addressing problems with HCS 2012 compliance that still must be resolved. Specifically, HCS 2012, as written, requires the relabeling of individual product containers anytime there is new information on hazardous chemicals used in a formulation. CPDA remains hopeful that a workable solution to this problem can be developed. CPDA’s John Boling Organizes Pac Pals Event Featuring Representative Rodney Davis In his role as leader of the Pac Pals Agribusiness Sector, CPDA Director of Legislative Affairs John Boling organized a recent meeting with Congressman Rodney Davis (R-IL), Chairman of the House Agriculture Subcommittee on Biotechnology, Horticulture, and Research. Joined by 14 agribusiness industry colleagues, the goal of the meeting was to learn how the Congressman was able to raise over $1 million to run in a special election and then repeat the effort shortly thereafter, how he works with the PAC community, and his thoughts on the National Republican Congressional Committee (NRCC) patriot program. Pac Pals is a network of PAC administrators that come together for insight, best practices and to learn how to become more proficient PAC managers. Register Now for the 2015 CPDA Summer Conference & Annual Meeting Registration for the 2015 CPDA Summer Conference & Annual Meeting, scheduled for August 3-5 in Nashville, Tennessee is now open! The meeting will be held at The Hermitage Hotel, Tennessee’s only Forbes Five Star and AAA Five Diamond Hotel. This elegant hotel, located in downtown Tennessee, captures the rich tradition, charm and southern hospitality of America’s Music City! This year’s speakers program will feature noted agricultural economist Matthew Phillips (Phillips McDougall) who will provide attendees a comprehensive overview of current trends in global agricultual production and the related impacts on the pesticide and agrotechnology industry. Phillips is one of the most sought after speakers in his field and he is well respected throughout the agrotechnology industry for his insight and expertise on factors shaping agriculture world-wide. The meeting will address a number of other topics of critical importance to your company such as the development of strategies for patenting combinations of off-patent chemistries, the impact of OSHA’s 2012 Hazard Communication Standard on manufacturers, formulators, and distributors of non-pesticide agrotechnology products, a presentation and roundtable discussion focusing on data compensation issues related to the Joint Inerts Task Force, and perspectives on how weed resistance management programs are affecting the agrotechnology industry and agricultural production. In conjunction with the Summer Conference & Annual Meeting, CPDA-Canada will hold its annual meeting and an open roundtable discussion that will focus on the status of regulatory initiatives affecting the registration of pesticides and agrotechnology products in that country. CPDA encourages individuals to visit our web site and register for the meeting no later than July 24th. After that time, registrations will only be accepted on-site and will be subject to a $100 late processing fee. More information is available on the meetings page of CPDA’s web site (www.cpda.com). We look forward to seeing you in Nashville!
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