EPA Accelerates Protections Against Pesticide Spray Drift

Aug. 12th, 2024
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The EPA decided to complete a chemical specific spray drift analysis from the beginning of the pesticide’s use.

The U.S. Environmental Protection Agency (EPA) has announced significant advancements in safeguarding farmworkers, their families, and communities from pesticide spray drift.

As of July 15, 2024, the EPA had expedited its evaluation of potential pesticide exposure due to spray drift during the initial review process, impacting new active ingredient registrations and new use decisions. This proactive approach aimed to implement safety measures 15 years earlier than previously established.

This pivotal advancement by the EPA underscored the agency’s dedication to promptly addressing pesticide-related risks and enhancing public health protections.

Basis of Decision


Pesticide spray drift can unintentionally affect residential and recreational areas, leading to potential skin or eye contact and associated health risks. By assessing spray drift during the initial registration or new use review process, the EPA can identify and enforce necessary protective measures to minimize unintended exposure.

This initiative is aligned with the EPA’s commitment to environmental justice and compliance with the Endangered Species Act, focusing on enhanced protection for vulnerable communities and endangered species.

Key Changes in Review Process


Historically, the EPA conducted chemical-specific assessments for spray drift exposure during registration reviews, occurring every 15 years. The new policy mandates these assessments during the initial registration process or when reviewing new and amended uses of existing products. This change ensures consistency and immediate application of protective standards for both new and existing pesticide registrations.

The EPA will conduct chemical-specific human health spray drift analyses to determine necessary label instructions, such as droplet sizes and buffer distances, to protect against spray drift. This analysis will be included for:

  • New Active Ingredients:Any new submissions for domestic uses.
  • New and Amended Uses:New or amended use registration submissions with previous chemical-specific spray drift analysis.
  • Pending Registrations:Current registration actions under review, where feasible. (Source: EPA)

Background


Pesticide regulation in the United States is regulated by the United States Environmental Protection Agency (U.S. EPA), and therefore, US pesticide regulations are often referred to as US EPA regulations.

One of the most important regulations is FIFRA, or the Federal Insecticide, Fungicide, and Rodenticide Act. This regulation is the legal basis for the regulation of pesticides in the United States. FIFRA is the Federal statute that governs the registration, distribution, sale, and use of pesticides in the United States. Generally, before a pesticide may be sold or distributed in the United States, it must be registered (licensed) with EPA.

In addition to FIFRA, there are two other supporting laws:

  1. Pesticide Registration Improvement Act, or PRIA. There are more than 200 pesticide registration action codes in the United States. As a supplement to FIFRA, PRIA gives detailed clarification for different registration action codes, their applicable scope, review decision time, and EPA administration fee.
  2. Code of Federal Regulations(or CFR). There are 50 Titles in total, covering all federal regulations. The contents related to pesticide registrations are in Title 40. It covers the relevant registration procedures, data requirements, data protection, etc., serving as the implementation regulation to FIFRA.

Further Information


For detailed information on the implementation of this new policy, please refer to the docket ID EPA-HQ-OPP-2013-0676 on the Regulations.gov page.

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