DEC releases proposed regulation to prohibit pesticides containing chlorpyrifos

ALBANY, N.Y. » New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos recently announced the release of a proposed regulation to prohibit the sale, distribution, possession, and use of pesticide products containing the active ingredient chlorpyrifos.

Gov. Andrew Cuomo directed DEC to ban chlorpyrifos, an organophosphate pesticide, in December 2019 to safeguard public health and protect environmental resources, particularly pollinators. The proposed regulation is in today’s State Register and DEC is accepting public comments on the proposal from Jan. 27 through April 5, 2021.

“Directed by Governor Cuomo, New York is at the forefront of environmental leadership and among the first states in the nation to ban pesticides containing chlorpyrifos. The release of the proposed regulation today is further evidence of New York’s sustained commitment to protecting our communities and the environment and I encourage interested New Yorkers to review and comment on the proposal,” Seggos stated.

This proposed regulation will add chlorpyrifos to the list of prohibited pesticides in New York’s pesticide registration regulations. Scientific research has shown that chlorpyrifos can harm the development of the nervous systems of infants and young children. Prenatal exposure to organophosphates can result in diminished cognitive ability, delays in motor development, and Attention-Deficit/Hyperactivity Disorder (ADHD).

Information concerning the review process, proposed rulemaking, and supporting documents can be accessed from DEC’s website at: https://www. dec.ny.gov/regulations/propregulations.html#public or at DEC, 625 Broadway, Albany, NY 12233.

To review the documents at DEC’s Central Office, call Melissa Treers for an appointment at (518) 402-8678 or email Melissa.Treers@dec.ny.gov. To submit written comments via email, write to chlorpyrifosregs@dec.ny.gov with “Comments on Proposed Part 326” in the subject line of the email. Comments submitted by mail should be sent to DEC’s Pesticide Enforcement & Compliance Assurance Section, NYSDEC, Division of Materials Management, 625 Broadway, Al-

bany, NY 12233-7254. DEC is accepting public comments on the proposed regulation through April 5, 2021.

The application of pesticides must be done in a manner that is protective of public health and the environment and New York State’s pesticide regulatory program is a national leader in the review and registration of pesticides, implementation of regulatory controls, and the enforcement of the worker protection standard. State law affords DEC with a broad range of regulatory powers including the ability to restrict the use of a pesticide and revoke pesticide registrations.

To complement this regulation, DEC canceled the registration of 29 pesticides containing chlorpyrifos on Dec. 31, 2020, and is canceling the registration of the remaining 15 pesticides as of July 31, 2021. Following cancellation, a pesticide can no longer be sold, distributed, or used in New York State.

In addition, these canceled pesticides cannot be stored after the manufacturer’s container has been opened.

DEC recommends the public to check the New York State pesticide registration status of these products on the New York State Pesticide Administration Database at https://www.dec.ny.gov/ nyspad/?0. If the pesticide is not currently registered in New York State, consult with pesticide distributors or the manufacturer to determine the appropriate options for removal or disposal of the pesticide.

In addition, DEC is holding a virtual public comment hearing for the proposed rule at 6 p.m. on March 30. The electronic webinar format is reasonably accessible to persons with impaired mobility. Instructions on how to join the hearing, how to provide an oral statement, and how to register is available at https:// www.dec.ny.gov/chemical/121988.html. Contact DEC at (518) 402-9003 with any additional questions regarding the virtual hearing.