EPA to Allow Chlorpyrifos Use for Crops

EPA announced its decision to allow the use of the pesticide chlorpyrifos on crops, including soybeans, following a ruling by the U.S. Court of Appeals for the Eighth Circuit last month. The court determined EPA unlawfully revoked its permission to use the insecticide in 2021. This decision comes after a ban on chlorpyrifos use on food crops was put in place in 2021, following a Ninth Circuit ruling that required EPA to either ban the pesticide’s use on food crops or reduce allowable residue levels within 60 days to protect children. EPA will publish a notice in approximately a week to officially indicate chlorpyrifos can be used again, pending the termination of the Eighth Circuit’s jurisdiction over the case. While EPA will allow all canceled uses of chlorpyrifos to resume, it plans to propose a new rule revoking pesticide residue tolerances for all uses except 11 specified by the court. These 11 uses, which include crops like alfalfa, soybeans, citrus, peaches and tart cherries, rely on chlorpyrifos to control various insects.

EPA is working with pesticide manufacturers to identify additional restrictions that would allow the 11 high-benefit uses of chlorpyrifos to continue while safeguarding farmworkers, vulnerable populations, and endangered species. The agency is also addressing concerns about the impact of chlorpyrifos and other pesticides on threatened or endangered species, such as orcas, salmon and sturgeon, as identified in a 2022 Biological Opinion by the National Marine Fisheries Service.

States with the highest chlorpyrifos use in 2019 included Iowa, Nebraska and Minnesota, with high-use crops including corn, soybeans and various orchards, including grapes.

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