Recently, the U.S. Environmental Protection Agency (EPA) announced further restrictions on chlorpyrifos designed to protect federally protected endangered or threatened species and their critical habitat from chlorpyrifos.
These measures include new product labeling, which adds additional protections, and Endangered Species Conservation Notices that set geographically specific limits. These combined measures are designed to protect listed species and reduce impacts on non-listed species.
Chlorpyrifos, an organophosphate insecticide, is widely used on a variety of crops, including soybeans, fruit and nut trees, broccoli, and cauliflower, as well as in non-food applications.
Chlorpyrifos Labeling Changes to Protect Endangered Species
Under the bill, EPA is responsible for ensuring that its pesticide actions do not jeopardize listed species or destroy or adversely modify their critical habitat. When EPA determines in its biological assessment that a pesticide may affect these species or habitats, EPA must consult with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service. once the consultation is complete, these services develop a Biological Opinion (BiOp) that determines whether the pesticide is expected to jeopardize listed species or adversely modify their critical habitat, and if so, requires measures to protect those species and habitats.
For chlorpyrifos, EPA determined in 2022 that the then-registered use may adversely affect one or more listed species. Following consultation between EPA and NMFS and the registrant for chlorpyrifos, NMFS issued a ″Not Hazardous″ biological opinion on June 30, 2022 for chlorpyrifos and two other organophosphate pesticides, diazinon and malathion. During that consultation, registrants committed to modifying their product labeling and registrations to include measures to reduce runoff and drift from treated areas into the species' habitats.EPA also committed to issuing Endangered Species Conservation Notices that set geographically-specific pesticide use limits to protect listed species and their critical habitats.
Mitigation measures for chlorpyrifos include restrictions on application timing, restrictions on mixing, use restrictions related to runoff and drift, and wind speed restrictions.
All registrants have submitted these product labeling amendments to EPA, as well as amendments describing how to report ecological events associated with pesticide applications.
The registration review process for chlorpyrifos is currently underway ...... EPA plans to issue a revised chlorpyrifos Proposed Interim Resolution for public comment in early 2025, followed by an Interim Resolution on the event in late 2025.