Dicamba Approved for Over-the-Top Use 2021 and Beyond

(Betsy Jibben)

Tuesday, Oct. 27, 2020, the Environmental Protection Agency (EPA) announced it will approve three of the new dicamba formulations for over-the-top use for five years, according to EPA Administrator Andrew Wheeler. The herbicide is labeled for use in soybeans and cotton with the trait that confers tolerance to dicamba.

The specific formulations include Xtendimax VaporGrip Xtra, Engenia and Tavium. The registration starts next year (2021) and runs through 2025. The administrator said they opted for a five-year registration, which is typical for pesticides, instead of a two-year like dicamba has experienced in the past because they had more data to base this decision upon.

"EPA will register dicamba for over-the-top use on dicamba tolerant cotton and soybeans, this decision provides a five-year registration to provide certainty to growers," Wheeler says. "EPA. has determined that these registrations address the concerns outlined in the June 9th Circuit Court of Appeals decision."

The administration said it reviewed 65 new studies when making this decision, reviewed all literature and consulted with experts before making this decision.

In approving the herbicide for use in cotton and soybeans, EPA provided the following changes to the herbicide labels. These changes, and all label instructions, must be followed for legal use:

  • Downwind buffer of 240' is required and a buffer of 310' required where listed species are located.
  • Over-the-top application of dicamba of soybeans prohibited nationwide after June 30, and after July 30 in cotton.
  • An approved pH buffering agent will be required to be mixed for application to lower volatility. Buffering agents are registered with the EPA and must be documented each use.
  • Opportunities for growers to use hooded sprayers to reduce buffers.
  • States can expand over-the-top use to meet local needs by working with EPA.

"All of these efforts will help ensure there are not negative impacts on other farmers' lands," Wheeler continued. "States can further restrict, but they have to work with us and file the appropriate requests with EPA. We're trying to have a national program here, we're responding the the court's concerns with a national cutoff."

Dicamba’s use was hotly contested earlier this year. An appeals court vacated the product’s use in early June, which was followed by an exemption for use of stocks on-hand for farmers by EPA. The announcement brought confusion and brought dicamba’s compliance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) under the microscope. EPA took those concerns into consideration while making this decision.

The registrants celebrated this news and noted how this decision provides needed tools for farmers. 

“We welcome the EPA’s science-based review and registration decision providing growers access to this important tool,” Lisa Safarian, President of Bayer Crop Science North America said in a news release.“Growers need options, and we are proud of our role in bringing innovations like XtendiMax herbicide forward to help growers safely and successfully protect their crops from tough-to-control weeds.”

“The need for Engenia herbicide is greater than ever before due to increased weed resistance. When the weeds win, farmers see the impact to their livelihoods, harvests and yields,” Scott Kay, Vice President of U.S. Crop, BASF Agricultural Solutions said in a news release. “Controlling resistant weeds is not only a physical challenge for farmers, it also can have a significant financial impact. It is estimated that certain resistant weed populations can reduce yields by 50 percent or more. This means that farmers planting dicamba-tolerant cotton and soybeans could potentially stand to lose more than $10 billion if they lost access to dicamba-based herbicides, like Engenia herbicide.”

“Following the unpredictable circumstances this year, growers will be closely looking at their dicamba herbicide options for 2021,” said Pete Eure, herbicide technical lead at Syngenta in a recent press release. “In its first full season in the field, Tavium delivered consistent weed control, crop safety and three weeks longer residual than dicamba alone across geographies in soybeans and cotton. It is the market’s first dicamba herbicide premix, and it remains a powerful and convenient choice for growers next year.”

What about FeXapan, by Corteva?

"Bayer is the registrant for the dicamba formulation that Corteva has previously marketed as DuPont FeXapan herbicide with VaporGrip technology. Now that the EPA has registered Bayer's dicamba formulation, Corteva is able to apply for federal registration of FeXapan," according to a statement provided to Agweb by Corteva.

The company also noted it is accelerating its production of Enlist seed and crop protection products, including Enlist One and Enlist Duo herbicides. They anticipate larger-than-expected adoption of the technology, up 30% from 2020 where 20% of soybeans were planted to the trait.

The industry has also had positive reactions. 

"Ag retailers and their farmer customers have already been working to make decisions for the 2021 growing season while waiting for clarity on if dicamba would be available for use. Now farmers and their retailers can make firmer plans for the next five years with this critical question answered," said Agricultural Retailers Association CEO and President Daren Coppock. 

"The economic damage that would result from not being able to use dicamba herbicides would be tremendous," said Ken Fountain, National Cotton Council chairman. "We greatly appreciate EPA's timely issuance of a new five-year label for the critical crop protection product for cotton farmers."

While this news has answered some unknowns about the future of the herbicide, there are still pending developments. For example, individual states can still act with their own restrictions. 

For example, in 2020, the Illinois Department of Agriculture (IDA) enacted six additional 24(c) label requirements for the dicamba products, including a June 20 cutoff date, an 85 degree temperature restriction, protection of DNR Nature Preserve Commission sites, details to protect residential and sensitive areas and a requirement to consult FieldWatch and document all sensitive crops. The Illinois Fertilizer and Chemical Association says it's in close communication with the IDA for any possible additional requirements in 2021 and after. 

Some have already expressed concerns about EPA's most recent announcement.

"Rather than evaluating the significant costs of dicamba drift as the 9th Circuit told them the law required, EPA rushed re-approval as a political prop just before the election, sentencing farmers and the environment to another five years of unacceptable damage," said George Kimbrell, legal director at the Center for Food Safety. "Center for Food Safety will most certainly challenge these unlawful approvals."

This story will be updated with quotes and information as it becomes available.

 

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