EPA Proposes Another New Rule on Chlorpyrifos Insecticide Use
On December 2, EPA proposed a new rule to revoke most uses of chlorpyrifos on food crops to reduce exposure to this harmful chemical and protect human health. Chlorpyrifos is an organophosphate (OP) insecticide largely used for soybeans, fruit and nut trees, row crops, and other non-food uses. OP exposures can result in neurological effects and may have neurodevelopmental effects in pregnant women and children. In September 2020, EPA issued a Draft Ecological Risk Assessment and Revised Human Health Risk Assessment for chlorpyrifos, including an Updated Drinking Water Assessment for Registration Review. Though EPA has not established a maximum contaminant level (MCL) for chlorpyrifos in drinking water, it is classified as a hazardous substance under the Clean Water Act.
EPA is taking this action in response to a decision by the U.S Court of Appeals (USCA) for the Eighth Circuit. This action will support EPA efforts to cancel most uses of chlorpyrifos on food, except for 11 food and feed crops that remain registered. Previous EPA rules and court rulings include an August 2021 EPA final rule to revoke all uses of chlorpyrifos on food and animal feed in response to an April 2021 order from the USCA for the Ninth Circuit; and a subsequent February 2024 EPA action to reinstate the tolerances based on a November 2023 USCA for the Eighth Circuit decision to vacate EPA’s August 2021 rule.
EPA has already worked with the chlorpyrifos registrants to further reduce pesticide exposures by limiting the registered uses of chlorpyrifos on food to the remaining 11 uses on food crops in specific states. EPA plans to issue an amended Proposed Interim Registration Review Decision for chlorpyrifos for public comment followed by an Interim Decision in 2026. EPA will accept comments for 60 days after this proposed rule is published in the Federal Register. The proposed rule will be available at docket ID EPA-HQ-OPP-2024-0431 at Regulations.gov. For more information, view a prepublication version the Federal Register notice and visit EPA’s chlorpyrifos webpage.
