Elissa Reaves
Director of Pesticide Re-Evaluation Division
Office of Pesticide Programs
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW
Washington, DC 20460-0001

Via Regulations.gov: EPA-HQ-OPP-2022-0172

Re: CropLife America Comments to the U.S. Environmental Protection Agency on the “NMFS Draft Revised Biological Opinion on Chlorpyrifos, Diazinon, and Malathion” EPA-HQ-OPP2022-0172

Dear Ms. Reaves,

CropLife America (CLA) appreciates the opportunity to offer the below and attached comments on the National Marine Fisheries Service’s (NMFS) Draft Revised Biological Opinion (draft BiOp) on the Environmental Protection Agency’s (EPA’s) Registration Review of Pesticide Products containing Chlorpyrifos, Malathion, and Diazinon, EPA-HQ-OPP-2022-0172.

Established in 1933, CLA represents the developers, manufacturers, formulators, and distributors of pesticides and plant science solutions for agriculture and pest management in the United States. CLA represents its members by monitoring legislation, federal agency regulations and actions, and litigation that impact the pesticide and pest control industries and participating in such actions when appropriate as well as communicating the benefits of pesticides to a variety of audiences. CLA’s members produce, sell, and distribute virtually all the pesticide and biotechnology products used by American farmers. CLA and its members are committed to the protection of endangered species and their habitats and have long been engaged in improving the process for registration of pesticide products under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and review under the Endangered Species Act (ESA).

Given the inherent tension between FIFRA and the ESA—each imposing different regulatory standards to achieve different objectives—EPA, NMFS, the U.S. Department of Agriculture (USDA), and the U.S. Fish and Wildlife Service (FWS) (collectively, the Agencies) have historically struggled to implement an efficient process for ESA review of registered pesticides. Over the past decade, however, the Agencies have developed a cooperative framework to conduct consultation under the ESA. Although this framework still requires improvement and additional resources for the Agencies, it has demonstrated that interagency cooperation and stakeholder engagement are crucial to any efficient and practical ESA review process. CLA seeks to work with the Agencies and other interested stakeholders to help improve 2 and refine the ESA review process and to ensure the continued safe registration and use of pesticide products.

Read the full comments submitted by CropLife America.