RYA18126 S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: To require the Administrator of the Environmental
Protection Agency to carry out certain rules relating
to agricultural worker protection and certification of pes-
ticide applicators and issue an order relating to a peti-
tion to revoke tolerances and cancel registrations for
the pesticide chlorpyrifos.

IN THE SENATE OF THE UNITED STATES—115th Cong., 2d Sess.

H. R. 1029

To amend the Federal Insecticide, Fungicide, and

Rodenticide Act to improve pesticide registration and
other activities under the Act, to extend and modify
fee authorities, and for other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. UDALL (for
himself, Mr. BOOKER, Ms. HARRIS, and Mr. BLUMENTHAL)
Viz:
1 On page 186, strike lines 1 through 3 and insert the
2 following:
3 SEC. 7. EXTENSION.

4 Notwithstanding any other provision of this Act or

5 amendment made by this Act, any reference in this Act
6 or an amendment made by this Act to ‘‘2020’’ shall be
7 deemed to be a reference to ‘‘2023’’.
RYA18126 S.L.C.

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1 SEC. 8. AGRICULTURAL WORKER PROTECTION STANDARD;

2 CERTIFICATION OF PESTICIDE APPLICA-

3 TORS.

4 During the period beginning on the date of enactment

5 of this Act and ending not earlier than October 1, 2023,
6 the Administrator of the Environmental Protection Agen-
7 cy (referred to in this section as the ‘‘Administrator’’)—
8 (1) shall continue to carry out—
9 (A) the final rule of the Administrator en-
10 titled ‘‘Pesticides; Agricultural Worker Protec-
11 tion Standard Revisions’’ (80 Fed. Reg. 67496
12 (November 2, 2015)); and
13 (B) the final rule of the Administrator en-
14 titled ‘‘Pesticides; Certification of Pesticide Ap-
15 plicators’’ (82 Fed. Reg. 952 (January 4,
16 2017)); and
17 (2) shall not revise or develop revisions to the
18 rules described in subparagraphs (A) and (B) of
19 paragraph (1).
20 SEC. 9. RESPONSE TO OBJECTIONS RELATING TO A PETI-

21 TION TO REVOKE TOLERANCES AND CANCEL

22 REGISTRATIONS FOR THE PESTICIDE

23 CHLORPYRIFOS.

24 (a) IN GENERAL.—Not later than 50 days after the

25 date of enactment of this Act, the Administrator of the
26 Environmental Protection Agency (referred to in this sec-
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1 tion as the ‘‘Administrator’’) shall issue an order stating
2 the action taken on or relating to each objection submitted
3 relating to the order entitled ‘‘Chlorpyrifos; Order Deny-
4 ing PANNA and NRDC’s Petition to Revoke Tolerances’’
5 (82 Fed. Reg. 16581 (April 5, 2017)).
6 (b) OTHER OBJECTIONS.—
7 (1) IN GENERAL.—Not later than 90 days after
8 receiving any other objections to orders, regulations,
9 tolerances, or registrations for chlorpyrifos pursuant
10 to section 408(g)(2)(A) of the Federal Food, Drug,
11 and Cosmetic Act (21 U.S.C. 346a(g)(2)(A)), the
12 Administrator shall issue an order—
13 (A) stating the action taken on or relating
14 to each objection; and
15 (B) setting forth any revision to the regu-
16 lation or prior order that the Administrator de-
17 termines to be warranted.
18 (2) HEARINGS.—If a hearing is held under sec-
19 tion 408(g)(2)(B) of the Federal Food, Drug, and
20 Cosmetic Act (21 U.S.C. 346a(g)(2)(B)) with re-
21 spect to an objection described in paragraph (1), the
22 order and any revision to the regulation or prior
23 order described in that paragraph shall—
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4
1 (A) with respect to questions of fact at
2 issue in the hearing, be based only on substan-
3 tial evidence of record at the hearing; and
4 (B) set forth in detail the findings of facts
5 and the conclusions of law or policy on which
6 the order or regulation is based.
7 (c) EFFECT OF FAILURE TO ISSUE ORDER.—If the
8 Administrator fails to issue an order under subsection (a)
9 or (b) by the applicable deadline described in those sub-
10 sections—
11 (1) each objection shall be considered to be de-
12 nied; and
13 (2) that denial shall have the effect of a final
14 order and be subject to judicial review under section
15 408(h)(1) of the Federal Food, Drug, and Cosmetic
16 Act (21 U.S.C. 346a(h)(1)).