PRN 90-3: Announcing the Formation of an Industry-Wide Spray Drift Task Force

April 6, 1990

Announcing the Formation of an Industry-Wide Spray Drift Task Force The Notice states:

"A Spray Drift Task Force has been organized pursuant to provisions of FIFRA section 3 (c)(2)(B)(ii) to share the cost of developing a generic spray drift data base which is expected to be capable of satisfying spray drift data requirements for virtually all pesticide product registrations in the United States and Canada. Because of the wide cross section of pesticide registrants who could potentially benefit from this endeavor, the Environmental Protection Agency takes this unusual step to inform all pesticide registrants of its existence. Groundwork for this Task Force has been laid through joint efforts of EPA, the National Agricultural Chemicals Association, Agriculture Canada, and Environment Canada. This approach to fulfilling pesticide spray drift data requirements should result in considerable financial savings for pesticide registrants, while at the same time providing the Agency with a more complete and scientifically more sound basis for evaluating off-target movement of pesticides and assessing exposure of humans and the environment.

Pesticide registrants and those who have applied for or anticipate applying for registration of one or more pesticide products have the option of fulfilling spray drift data requirements, through participation in this Task Force, for registration standards, general data call-ins, accelerated reregistration under FIFRA section 4 (FIFRA 88), and new product registrations now and in the future. The Agency will accept evidence of full and continuous participation in this Task Force to justify requests for extensions of deadlines for submission of spray drift studies. Acceptability of Task Force participation with respect to meeting Canadian pesticide registration data requirements must be worked out separately with the corresponding Canadian government agencies.

The Task Force is organized as a business Joint Venture, with costs to be shared equally by all participants. Each participating company will appoint representatives to Administrative and Technical Committees. The U.S. Environmental Protection Agency is not an administrative participant in the joint venture, but is represented on the technical committee, which will guide development of the data base, select study protocols, and supervise research. The target date for initial enrollment in the Joint Venture agreement is March 26, 1990, followed by an open enrollment period of 60 days. Late enrollment of participants thereafter will involve payment of an equal share of costs determined from the date of Task Force organization, interest on that amount, and possible additional financial penalties. Registrants are cautioned to carefully calculate the costs of complying with current and anticipated spray drift data requirements for product defense and new product registrations as they decide on participation in the Task Force. Those desiring further information may contact Charles O'Connor III at the law firm of McKenna, Conner & Cuneo, 1575 Eye St., NW, Washington, DC 20005 (telephone 202/789-7500) or Dr. John J. Lamber at FMC Corporation, 2000 Market St. Room 2255, Philadelphia, PA 19103 (telephone 215/299-6503).

Spray drift data already available from submissions to EPA, published research, and other sources within industry, government, and academia will be considered in assembling a data base that will allow accurate prediction of off-target movement of pesticides during application. Any such studies that are compensable under FIFRA section 3 (c)(1)(D) can only be used with the appropriate release from the owners of the data. The Task Force will retain ownership of the spray drift generic data base for purposes of supporting pesticide registrations and full rights to data compensation by non-participants wishing to cite the data base under provisions of FIFRA section 3 (c)(1)(D) for a period of 15 years following completion of the data base, anticipated in 1994.

The Task Force will prioritize the formulations, spray solutions and product use patterns to be covered by the data base it produces. It is possible that certain atypical use patterns and uncommon formulations for which EPA might require separate spray drift studies would not be included in the data base. Early participation in the Task Force will give each registrant a voice in establishing those priorities.

The Task Force is committed to complete the data base within the deadlines imposed by FIFRA section 4 (f)(2)(B) for Phases Four and Five of accelerated reregistration. Participants in the Task Force individually and separately assume the responsibility of complying with spray drift data requirements for their various products containing active ingredients from Lists B, C, and D by these deadlines, and must understand and accept the risk involved in the possible failure of the Task Force to meet those deadlines. Deadline extensions and waivers for spray drift studies must be requested from the Agency individually by registrants on a case-by-case basis.

This PR notice is issued by the Agency for the sole purpose of informing pesticide registrants of the activities of the Spray Drift Task Force. It is not intended to define or restrict the terms of or subsequent amendments to the Joint Venture agreement governing the Spray Drift Task Force and its operation."

Anne E. Lindsay, Director
Registration Division

Edwin F. Tinsworth, Director
Special Review and Registration Division