HR5564-119

1. Coordination Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a) is amended by adding at the end the following: If any risk mitigation measures are required for any pesticide registered under this Act, the Administrator shall— develop such measures in coordination with the Secretary of Agriculture; and conduct, and publish in the docket, with the corresponding action, an economic analysis— determining the cost (including with respect to changes to use requirements and cost of making any associated labeling changes) to growers, State lead agencies, and other affected entities of the implementation of such measures; and of the costs and benefits of the use of a pesticide that includes an assessment of how a reduction in risk to the pesticide user may be achieved by the use of risk mitigation measures. With regard to the registration or registration review of a pesticide under this Act and for making a determination under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) with respect to any action that impacts the sale, distribution, or use of a pesticide, the Administrator shall coordinate with the Secretary of Agriculture, acting through the Director of the Office of Pest Management Policy, so that the Administrator has for the Administrator’s use and consideration for such processes— agronomic use data from— the Department of Agriculture; and industry; and any information relating to the availability and economic viability of alternatives to such pesticide. When issuing any decision resulting from the processes referred to in subparagraph (A), the Administrator shall publish in the docket— a description of the use by the Administrator of any data or information provided by the Secretary of Agriculture under subparagraph (A); and the determination of the Administrator on whether to use such data or information, including, as applicable, the reasons that the data or information was not used. For the implementation of reasonable and prudent actions and measures identified by the Secretary of the Interior and the Secretary of Commerce pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the use of a pesticide registered under this Act, the Administrator shall coordinate with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Commerce— to review the development of any such actions and measures that are a result of consultations relating to actions under this Act; to fully consider the options for reasonable and prudent actions and measures in a manner consistent with practices established to evaluate the risks and benefits of a pesticide registered under this Act (including the reduction in risk to the pesticide user achieved by the use of risk mitigation measures) and to use that information to inform the final selection of reasonable and prudent actions and measures to be used to evaluate such risks and benefits and the implementation of such selection; and to provide feedback to the Secretary of the Interior and the Secretary of Commerce on decisions relating to any such actions and measures that may affect end users of a pesticide registered under this Act. The coordination requirements imposed by this subsection may be waived or modified for a specific action to the extent agreed upon by the Administrator, the Secretary of Agriculture, and the registrant so long as such agreement is published by the Administrator in the docket for the corresponding action. (i)Coordination (1)Risk mitigation measuresIf any risk mitigation measures are required for any pesticide registered under this Act, the Administrator shall— (A)develop such measures in coordination with the Secretary of Agriculture; and (B)conduct, and publish in the docket, with the corresponding action, an economic analysis— (i)determining the cost (including with respect to changes to use requirements and cost of making any associated labeling changes) to growers, State lead agencies, and other affected entities of the implementation of such measures; and (ii)of the costs and benefits of the use of a pesticide that includes an assessment of how a reduction in risk to the pesticide user may be achieved by the use of risk mitigation measures. (2)Data and information (A)Coordination of data and informationWith regard to the registration or registration review of a pesticide under this Act and for making a determination under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) with respect to any action that impacts the sale, distribution, or use of a pesticide, the Administrator shall coordinate with the Secretary of Agriculture, acting through the Director of the Office of Pest Management Policy, so that the Administrator has for the Administrator’s use and consideration for such processes— (i)agronomic use data from— (I)the Department of Agriculture; and (II)industry; and (ii)any information relating to the availability and economic viability of alternatives to such pesticide. (B)Data and informationWhen issuing any decision resulting from the processes referred to in subparagraph (A), the Administrator shall publish in the docket— (i)a description of the use by the Administrator of any data or information provided by the Secretary of Agriculture under subparagraph (A); and (ii)the determination of the Administrator on whether to use such data or information, including, as applicable, the reasons that the data or information was not used. (3)Reasonable and prudent actions and measuresFor the implementation of reasonable and prudent actions and measures identified by the Secretary of the Interior and the Secretary of Commerce pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the use of a pesticide registered under this Act, the Administrator shall coordinate with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Commerce— (A) to review the development of any such actions and measures that are a result of consultations relating to actions under this Act; (B)to fully consider the options for reasonable and prudent actions and measures in a manner consistent with practices established to evaluate the risks and benefits of a pesticide registered under this Act (including the reduction in risk to the pesticide user achieved by the use of risk mitigation measures) and to use that information to inform the final selection of reasonable and prudent actions and measures to be used to evaluate such risks and benefits and the implementation of such selection; and (C)to provide feedback to the Secretary of the Interior and the Secretary of Commerce on decisions relating to any such actions and measures that may affect end users of a pesticide registered under this Act. (4)WaiverThe coordination requirements imposed by this subsection may be waived or modified for a specific action to the extent agreed upon by the Administrator, the Secretary of Agriculture, and the registrant so long as such agreement is published by the Administrator in the docket for the corresponding action..