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The Environmental Protection Agency (EPA) is amending its regulations to reflect the current legal status of the chlorpyrifos tolerances following a court order vacating the Agency's revocation of those tolerances. EPA is issuing this as a final action that is effective upon publication since this action simply conforms the regulations to reflect the tolerances that have already been legally reinstated by the court's order.
Since the tolerances are currently in effect, growers can now use currently registered chlorpyrifos products on all crops with reinstated tolerances, consistent with directions for use on those product labels. However, such uses may be subject to restrictions by individual states.
The Eighth Circuit's decision stated that EPA should have considered modifying the tolerances in addition to complete revocation and noted that the Agency had "identified 11 specific candidates" of food and feed crop uses whose tolerances could be modified in a Preliminary Interim Decision EPA issued in 2020. Thus, the Agency expects to expeditiously propose a new rule to revoke the tolerances for all but 11 uses with additional restrictions for geographic location and rate of application to address safety of the tolerances, and potential restrictions for farmworker and other vulnerable populations, and vulnerable species and their habitats. Those 11 uses are: alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beet, wheat (spring), and wheat (winter). These 11 uses were identified in the December 2020 Chlorpyrifos Proposed Interim Decision and represented about 55% of the total chlorpyrifos usage (average annual pounds applied) on agricultural commodities between 2014-2018.
EPA is also engaged in discussions with registrants of chlorpyrifos products to further reduce exposures associated with these 11 uses of chlorpyrifos. EPA will also consider the 2020 Proposed Interim Decision and public comments received on that document.
At this time, any existing final cancelation orders, including any terms for sale, distribution, and use of existing stocks of products subject to those cancelation orders and related return programs for chlorpyrifos products, remain in place, unless and until amended by EPA.
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