Central ND News

In a Senate Environment and Public Works (EPW) Committee hearing on Wednesday, Senator Kevin Cramer questioned the U.S. Environmental Protection Agency's (EPA) Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, Ms. Michal Freedhoff, about the status of the agency finalizing a rule on tolerances for safe uses of chlorpyrifos. Senator Cramer expressed concern about the confusion surrounding the EPA's decision on chlorpyrifos and urged for clarity on the matter.

During the hearing, Senator Cramer asked Ms. Freedhoff about the EPA's plans to restore the tolerances for chlorpyrifos. In response, Ms. Freedhoff explained that the Eighth Circuit Court of Appeals had vacated the EPA's rule that prohibited the use of chlorpyrifos on food crops. She stated that the permissions to use chlorpyrifos on food crops were already back in effect and that the EPA would be issuing a technical correction to the Code of Federal Regulations. She also mentioned that the EPA would be working with pesticide companies to incorporate additional mitigations discussed in a 2020 decision and to comply with the requirements of the Endangered Species Act.

Senator Cramer emphasized the need for clarity and urged the EPA to provide clear guidance to manufacturers, suppliers, users, and producers as they prepare for the upcoming spring season. He stressed the importance of timely action to ensure that everyone involved in the use of chlorpyrifos understands the regulations and can comply with them.

The background of the issue involves a ruling by the Ninth Circuit Court of Appeals in August 2021, which led to the EPA revoking all food tolerances for chlorpyrifos. However, in December 2022, the Eighth Circuit Court of Appeals heard arguments in a lawsuit filed by the Red River Valley Sugarbeet Growers Association and other organizations. The court ruled that the EPA's ban on the use of chlorpyrifos on food and feed crops was "arbitrary and capricious" and vacated the EPA's decision. In response to this ruling, Senator Cramer led a bicameral letter to the EPA and the U.S. Department of Agriculture (USDA), demanding that the EPA abide by the court's decision and allow safe uses of the pesticide. As a result, the EPA announced in December 2023 that it would allow tolerances for the use of chlorpyrifos for 11 food and feed crops.

Senator Cramer's questioning of the EPA's Assistant Administrator for clarity on chlorpyrifos highlights the importance of clear and timely communication from regulatory agencies. As the spring season approaches, it is crucial for all stakeholders to have a clear understanding of the regulations surrounding chlorpyrifos to ensure the safe and responsible use of this crop protection tool.