EPA recently posted the above-titled notice, which reads as follows:

“This is the time of year that EPA receives many special local needs registration requests from states under section 24(c) of FIFRA. Section 24(c) states that “A State may provide registration for additional uses of federally registered pesticides formulated for distribution and use within the State to meet special local needs . . .”

EPA currently receives approximately 300 24(c) requests annually. Many of these requests are for additional uses not considered by the federal label – e.g., applying the pesticide to a different crop to address an outbreak of disease, adding an alternative application method that suits the practices of that state, or adding a new pest species that is not on the federal label. However, some requests are to narrow the federal label, such as to add a more restrictive cut-off date, to add training and certification requirements, or to restrict the use directions by limiting the number of treatments permitted by the federal label.

Due to the fact that section 24(a) allows states to regulate the use of any federally registered pesticide, and the fact that some states have instead used 24(c) to implement cut-off dates (and/or impose other restrictions), EPA is now re-evaluating its approach to reviewing 24(c) requests and the circumstances under which it will exercise its authority to disapprove those requests. Before making any changes in this regard, EPA intends to take public comment on any potential new approaches before adopting them.

EPA is not making any immediate changes in this area and does not expect any potential changes will impact 24(c) requests that states submit ahead of the 2019 growing season.”