EPA Requests Input on Three Pesticides

The U.S. Environmental Protection Agency (EPA) is asking for public comment on Dicamba, Glufosinate-P, and Acephate.

New Use for Dicamba Product

Bayer CropScience has requested the EPA to register a new use of dicamba on dicamba-tolerant soybeans and cotton.

Background

Dicamba was first registered for “Over the Top” (OTT) uses on dicamba-tolerant cotton and soybeans in 2016. In 2017 and again in 2018, EPA amended the registrations of all OTT dicamba products following reports that growers had experienced crop damage and economic losses resulting from the off-site movement of dicamba. The U.S. Court of Appeals for the Ninth Circuit vacated the 2018 registrations in June 2020 on the basis that “EPA substantially understated risks that it acknowledged and failed entirely to acknowledge other risks.” Days after the court’s decision, EPA issued an order for the affected products that addressed existing stocks.

In October 2020, EPA issued new registrations for two dicamba products and extended the registration of an additional dicamba product until 2025. All three registrations included new measures that the Agency expected to prevent off-target movement and damage to non-target crops and other plants. Further state-specific amendments to the registrations occurred in 2022 and 2023.

In response to a lawsuit against EPA concerning these registrations, on February 6, 2024, a ruling by the U.S. District Court of Arizona vacated the 2020 registrations for OTT dicamba products XtendiMax, Engenia, and Tavium. EPA issued an Existing Stocks Order on February 14, 2024 (later revised on March 12), to allow for limited sale and distribution of dicamba OTT products that were already in the possession of growers or in the channels of trade and outside the control of pesticide companies. The order also prohibits the use of these dicamba products except where the use is consistent with the previously approved labeling, which included measures intended to reduce environmental damage caused by offsite movement of the pesticide.

Proposed Use

Due to the loss of the pesticide registration for dicamba application to emerged soybeans, Bayer is now proposing a preemergence option. If approved, labels would allow application to dicamba-tolerant soybeans made before, during, or immediately after planting until emergence of the seedling, but no later than June 12 of each year. Additionally, application to dicamba-tolerant cotton in this proposal would be allowed before, during, immediately after planting, or over the top of cotton, but no later than July 30 of each year.

Comment by June 3

To read more about the registration application proposed by Bayer and submit a comment, see docket EPA-HQ-OPP-2024-0154 on Regulations.gov. The public comment period closes on June 3, 2024.

New Herbicide Active Ingredient

EPA is proposing to register several products containing the active ingredient glufosinate-P to control weeds in non-tolerant and glufosinate-resistant corn, sweet corn, soybean, cotton, and canola. Glufosinate-P is a resolved isomer of the currently registered herbicide active ingredient glufosinate. Since it only contains the herbicidally active isomer of glufosinate, glufosinate-P applications require approximately half of the amount of the active ingredient as earlier formulations. Glufosinate-P has similar benefits and uses to the currently registered glufosinate herbicide products. These benefits include flexible application timing, which allows for postemergence weed control over the top of glufosinate-tolerant crops and for early season use in non-tolerant canola, corn, cotton, and soybean. The proposed glufosinate-P products result in less herbicide entering the environment compared to the currently registered glufosinate.

Proposed Mitigation Measures

EPA is proposing the following mitigation measures for glufosinate-P to address on- and off-field effects to non-target species:

• Prohibiting application during rainfall and when soils are saturated or above field capacity.
• Requiring users to visit EPA’s Mitigation Menu Website before application and determine an appropriate strategy to meet or exceed the required number of mitigation points as specified on the menu.
• Maintaining a 50 foot in-field downwind buffer between the last spray row and the protection area for aerial application.
• Where possible, using methods that reduce soil erosion and pesticide runoff, including no-till, limited till, and contour plowing; and
• Instructing users to access and follow any applicable endangered species bulletin from “Bulletins Live! Two” web-based system for all additional directions and restrictions.

Comment by June 8

Refer to docket ID EPA-HQ-OPP-2020-0250 at www.regulations.gov to read more about the proposed registration of glufosinate-P and to comment. The public comment closes on June 8, 2024.

Ban on All Uses of Acephate Except Tree Injection

Due to human health concerns, the EPA is considering canceling all but one use of the pesticide acephate. An organophosphate (OP) pesticide, acephate is registered for both agricultural uses, such as cotton and soybean, and non-agricultural uses, such as tree injections for forestry and ant mound treatment around homes. Updated assessments identified worker, homeowner, and ecological risks, including acute poisoning risks from drinking water contamination. EPA is proposing to maintain the use of acephate for tree injection because it does not contribute to drinking water exposure, and, with label changes, would not pose risks to the environment.

For more information and to provide comments, please visit the acephate docket on regulations.gov under the docket ID EPA-HQ-OPP-2008-0915. The comment period is open until July 1, 2024.