The Environmental Protection Agency (EPA) has issued a final rule to amend its regulations, effectively reinstating the tolerances for chlorpyrifos, a widely used pesticide. This move comes as a response to a decision from the U.S. Court of Appeals for the Eighth Circuit, which vacated the agency's previous revocation of these tolerances.
Chlorpyrifos, a pesticide commonly used in agriculture, has been the subject of regulatory and legal battles over its safety and environmental impact. The reinstatement of the tolerances allows for its continued use under specific conditions outlined by the EPA.
The agency's action reflects the current legal status of chlorpyrifos tolerances after the court's order, ensuring that regulations are in alignment with the legal framework. This rule became effective immediately upon its publication on 5 February 2024.
The EPA's decision to bypass the traditional public comment period was based on the "good cause" exemption, citing the ministerial nature of the action that merely aligns regulations with the court's decision. The agency emphasized that this rule does not substantively change the tolerances but merely acknowledges their reinstatement by the court.
This action has prompted reactions from various stakeholders, including agricultural producers, food manufacturers, and environmental groups, each with differing views on the use of chlorpyrifos. Proponents argue it is essential for controlling pests and maintaining crop yields, while opponents raise concerns about potential health risks and environmental harm.
The reinstated tolerances are detailed in the amendment of 40 CFR part 180, reflecting the legal status post-court decision. This includes the removal of the introductory text that previously announced the revocation and expiration of chlorpyrifos tolerances.
The EPA has also made provisions for objections and hearing requests regarding this rule, although it suggests that substantive determinations about the tolerances are beyond the scope of this rulemaking due to its ministerial nature.
This regulatory action is not subject to review by the Office of Management and Budget (OMB) or other executive orders that typically apply to major rulemakings, given its classification as a ministerial action by the EPA.
As the debate over chlorpyrifos continues, this latest development represents a significant moment in the ongoing discussion about pesticide regulation, agricultural practices, and environmental health. The EPA's documentation and further details on the rule are accessible through the Federal Register and the EPA's official docket.
