EPA Approves 134 More Counties for Enlist Use In 2022

On March 29, EPA announced its approval for the use of Enlist One and Enlist Duo in 134 additional counties for the 2022 growing season. The agency said it conducted a thorough review of a proposed label amendment. 

“Today’s action is an example of EPA’s commitment to working with stakeholders when new information becomes available to make regulatory decisions that reflect the best available science and protect human health and the environment,” the agency said in its announcement. 

The recent action means Enlist One and Enlist Duo can now be used in all counties of Arkansas, Kansas, Minnesota, Missouri, Nebraska, Ohio, Oklahoma, and South Dakota. Texas has new counties added to the approved list as well. Updated usage maps and supplemental labels will be available on Enlist.com/SupplementalLabels 

The products are approved for use in 34 states, and prohibited counties are detailed on page 16 of both product labels. 

The news comes two months after EPA issued seven-year registration for Enlist One and Enlist Duo with the provision restricting use where counties has federally threatened or endangered (listed) species. 

The Species of Concern

In February, Corteva then filed a label amendment asking for use to be permitted in 128 additional counties, specifically addressing the American Burying Beetle. 

“Based on EPA’s new effects determination, which included a robust analysis of updated species range maps from the U.S. Fish and Wildlife Service (FWS), EPA expects that the use of these products — with the existing label requirements in place to mitigate spray drift and pesticide runoff — will not likely jeopardize the American Burying Beetle or other listed species and their critical habitats in these counties,” EPA detailed in its announcement. 

And then in March, Corteva filed a second label specific to six Minnesota counties and any risk posed to the Eastern Massasauga rattle snake.

The agency said in its March 29 announcement: “EPA previously prohibited use in these counties because the Agency expected that the use of Enlist Duo would likely jeopardize the Eastern Massasauga rattle snake exposed on-field. However, EPA’s prior analyses were based on FWS’s 2020 species range maps. EPA subsequently learned that FWS updated their species range map in 2021, which shows that the Eastern Massasauga rattle snake is no longer present in Minnesota. Therefore, EPA has now determined that the prohibition of Enlist Duo in these counties is no longer necessary. In addition, EPA evaluated whether the use of Enlist Duo would affect other off-field listed species that live in these counties. EPA now expects that, given the current mitigations on the product labels, these products will not likely jeopardize listed species or adversely modify critical habitats. The current mitigations will also reduce unintentional harm (i.e., “take”) to individuals of all listed species in these counties.”

The March 29 announcement also corrected an oversight to clarify Enlist products are not registered for use in Massachusetts and Rhode Island. 

Registration documents for Enlist One and Enlist Duo are available here. 

EPA maintains an FAQ page for Enlist products here EPA’s Q&A
 

 

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