On October 1, 2024, the U.S. Environmental Protection Agency (EPA) introduced new measures to safeguard federally endangered species and their critical habitats from the effects of chlorpyrifos. These measures, including revised product labels and region-specific Endangered Species Protection Bulletins, are designed to reduce exposure risks for both listed and non-listed species.

Chlorpyrifos, an organophosphate insecticide, is extensively used to control soil and foliage pests in agriculture and on nonfood sites such as nurseries and golf courses. However, its potential risks to the environment and wildlife have prompted EPA to revisit its regulatory approach.

Regulatory Background and Recent Court Rulings

In August 2021, EPA revoked all chlorpyrifos tolerances for food and animal feed, following an order by the U.S. Court of Appeals for the Ninth Circuit. This move effectively banned chlorpyrifos from all food-related uses. However, in November 2023, the U.S. Court of Appeals for the Eighth Circuit overturned this decision, leading to the reinstatement of previous tolerances by December 2023.

EPA’s ongoing review includes a forthcoming proposal to limit chlorpyrifos tolerances to 11 key crop uses, along with geographical restrictions and mitigation measures. This targeted approach is expected to decrease chlorpyrifos use by up to 70% compared to historical levels.

New Label Requirements to Protect Wildlife

To comply with the Endangered Species Act, the EPA is responsible for evaluating pesticides for their potential impact on threatened species and their habitats. If risks are identified, the EPA consults with agencies like the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service. For chlorpyrifos, this consultation process concluded with a “no jeopardy” Biological Opinion in 2022, provided that specific protective measures were implemented.

These changes include revised labels with restrictions on timing, tank mixing, and wind speed during applications to minimize spray drift and runoff into critical habitats. Users are encouraged to review the updated Endangered Species Protection Bulletins through the Bulletins Live! Two portals to ensure compliance with region-specific limitations.

Next Steps for the Industry

The EPA’s ongoing registration review will continue through 2025, with an amended Proposed Interim Decision set for early 2025. Stakeholders will have an opportunity to provide public comments before a final Interim Decision is made later that year.

Source: EPA

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