Public Comment Sought on New Bayer CropScience Dicamba Herbicide

EPA has received an application from Bayer CropScience LP for a new product containing the currently registered active ingredient dicamba. The proposed product includes use of dicamba on dicamba-tolerant soybeans and cotton. Because the application involves a new use pattern for dicamba, the Agency is required to provide a 30-day public comment period on the registration applications consistent with FIFRA 3(c)(4). EPA is also seeking comment on the associated draft labeling that was submitted by Bayer, which is available in the docket.

The proposed labels would allow application to dicamba-tolerant soybeans made before, during, or immediately after planting until emergence of the seedling, but no later than June 12 of each year. Application to dicamba-tolerant cotton in this proposal would be allowed before, during, immediately after planting, or over the top of the cotton plant, but no later than July 30 of each year. Please review Bayer’s proposed label for additional details.

Like all opportunities for public comment associated with notices of receipt of applications, this action should not be interpreted as a registrant proposal that has been endorsed for future approval by EPA. Should EPA determine that this or any other registrant-submitted application including over-the-top dicamba meets the standard for registration of a new use under FIFRA, EPA will provide a separate opportunity for public comment on the proposed decision at a future time.

To read more about the registration application proposed by Bayer and submit a comment, see docket EPA-HQ-OPP-2024-0154 on Regulations.gov. The public comment period will close 30 days after the publication date in the Federal Register. EPA will review public comments as part of the proposed application process and incorporate any feedback into the registration decision.

Background

Dicamba is an herbicide registered for use at specified stages in agricultural crop fields of corn, cotton, sorghum, soybeans, sugarcane, and other crops. It was first registered for over-the-top (OTT) uses on dicamba-tolerant cotton and soybeans in 2016. In 2017 and again in 2018, EPA amended the registrations of all OTT dicamba products following reports that growers had experienced crop damage and economic losses resulting from the off-site movement of dicamba. The U.S. Court of Appeals for the Ninth Circuit vacated the 2018 registrations in June 2020 on the basis that “EPA substantially understated risks that it acknowledged and failed entirely to acknowledge other risks.” Days after the court’s decision, EPA issued an order for the affected products that addressed existing stocks.

In October 2020, EPA issued new registrations for two dicamba products and extended the registration of an additional dicamba product until 2025. All three registrations included new measures that the Agency expected to prevent off-target movement and damage to non-target crops and other plants. Further state-specific amendments to the registrations occurred in 2022 and 2023.

In response to a lawsuit against EPA concerning these registrations, on Feb. 6, 2024, a ruling by the U.S. District Court of Arizona vacated the 2020 registrations for OTT dicamba products XtendiMax, Engenia, and Tavium. EPA issued an Existing Stocks Order on Feb. 14, 2024 (later revised on March 12), to allow for limited sale and distribution of dicamba OTT products that were already in the possession of growers or in the channels of trade and outside the control of pesticide companies. The order also prohibits the use of these dicamba products except where the use is consistent with the previously approved labeling, which included measures intended to reduce environmental damage caused by offsite movement of the pesticide.