Several grower groups, including the American Soybean Association, American Farm Bureau Federation, National Corn Growers Association, and National Cotton Council, welcomed and expressed appreciation for an announcement from EPA that will restore use of Enlist herbicides to many U.S. counties. This label amendment, prompted by new data submitted to EPA, lifts county-level bans on use of Enlist and Enlist Duo. The two herbicides- used to control weeds in conventional and genetically modified corn, cotton, and soybean crops- can now be used in all counties of Arkansas, Kansas, Minnesota, Missouri, Nebraska, Ohio, Oklahoma, and South Dakota. On top of that, Enlist products can now be used in Bowie, Cooke, Fannin, Grayson, Lamar, and Red River counties in Texas.
?County-level bans had growers in these areas anxious and frustrated when the announcement came out in January ? especially in this market where inputs are scarce and costs are sky high,? American Soybean Association President Brad Doyle said. ?We appreciate EPA hearing our concerns and working to quickly restore access in many counties where science and data support doing so.?
“On behalf of corn farmers, we would like to thank the EPA for expeditiously reviewing the data and lifting the corresponding restrictions,? National Corn Growers Association President Chris Edgington said.
The grower groups hope the Enlist decision has provided EPA a good learning opportunity to instruct future registration decisions. Growers have been very critical of bans affecting entire counties where protected species may be present in only a fraction of the county or potentially not at all, or where conservative methods have overestimated the impact on some species. Announcements of new restrictions just weeks ahead of planting after many growers have already received products has also been stressful to producers. Numerous counties remain under county-level bans following EPA?s latest decision. The groups hope the agency will continue reviewing data that might allow use to be restored in those areas, as well.
?AFBF is glad EPA is partially stepping back from its decision to restrict critically needed herbicides right before spring planting,? American Farm Bureau Federation President Zippy Duvall said. ?It is essential that EPA continue to work with farmers to understand the impacts of its decisions. Products like Enlist enable farmers to utilize environmentally beneficial practices that preserve the soil, minimize fuel use, and capture carbon. We hope EPA is cognizant of timing constraints, supply chain challenges, and the implications of various restrictions in future pesticide decisions.?
In January 2022, EPA issued seven-year registrations for these Enlist products. At that time, Enlist One and Enlist Duo were not approved for use in all counties of the United States. Counties were prohibited if they were not proposed for use by the product registrant, Corteva, or if EPA expected the use of Enlist products would likely affect or jeopardize federally threatened or endangered (listed) species that live on-field in a county.
In February 2022, Corteva submitted a label amendment to propose use of Enlist One and Enlist Duo in 128 additional counties. Corteva did not propose use in these counties during the registration renewal because Enlist products were previously thought to put the American Burying Beetle, a threatened species, at risk. However, after the renewal action was complete, Corteva proposed that EPA consider use in these counties. Based on EPA?s new effects determination, which included a robust analysis of updated species range maps from the U.S. Fish and Wildlife Service (FWS), EPA expects that the use of these products ? with the existing label requirements in place to mitigate spray drift and pesticide runoff ? will not likely jeopardize the American Burying Beetle or other listed species and their critical habitats in these counties.
Additionally, EPA corrected an oversight on the Enlist One and Enlist Duo product labels by removing prohibitions for two counties in Massachusetts and Rhode Island. Enlist products are not registered for use in the states of Massachusetts or Rhode Island, and therefore Enlist products remain prohibited in all counties of these states.
Read page 16 of the new Enlist One label and page 16 of the new Enlist Duo label to see which counties remain prohibited.
To view the registration documents for Enlist One and Enlist Duo, go to docket EPA-HQ-OPP-2021-0957. To learn more about these products, read EPA?s Q&A.
