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Interim court ordered pesticide buffers

Current status - September 19, 2013

The interim court ordered buffers from the Washington Toxics Coalition vs. the U.S. Environmental Protection Agency (WTC v. EPA) lawsuit are currently still in effect for only the eight pesticides listed below; 55 active ingredients were involved in the original lawsuit. The interim buffers are 60 ft for ground applications and 300 ft for aerial applications. All determinations for pesticides identified in WTC vs EPA have been issued by EPA. Consultations with National Marine Fisheries Service (NMFS) have been completed for all of the pesticides in which they were required, except for the eight pesticides listed below. When the final Biological Opinions for the eight remaining pesticides are issued by NMFS the consultation process will be considered complete, and the interim buffers lifted. The final Biological Opinions were supposed to have been issued in June 2013.  However, at this time only a draft Biological Opinion has been issued for DiflubenzuronFenbutatin-oxide, and Propargite.
 
In the first two Biological Opinions issued by NMFS, specific buffer widths were listed as Reasonable and Prudent Alternatives. These have not been implemented at this time. For all pesticides (except the eight indicated below), users should follow the buffer indicated on the pesticide label on the container in their possession. For the eight remaining pesticides, the court-ordered buffers must be followed (if used in identified areas on the maps).
 
For information not covered by this page or if you have additional questions, please contact Rose Kachadoorian, Pesticide registration specialist at 503.986.4651.
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Pesticides with interim buffers still in place

1,3-D (Telone) 

Bromoxynil  (Bronate)

Diflubenzuron (Dimilin)

Fenbutatin-oxide (Vendex/Promite)

Lindane (No longer registered in Oregon)

Prometryn (Caparol/Vegetable Pro)

Propargite (Comite/Omite)

Racemic metholachlor ** (Me-Too-Lachlor, Parallel, Stalwart)


 Trade names provided in parenthesis are examples, numerous products may contain these active ingredients.

 **        Does not include s-metholachlor (Dual Magnum).  Racemic metholachlor may appear on the pesticide label as “Metolachlor: 2-chloro- N-(2-ethyl-6- methylphenyl)-N-(2-methoxy- 1-methylethyl) acetamide”, or maybe listed in PICOL as in metolachlor (acetamide). 

If you plan to use any of these eight pesticides before June 30, 2013, please click on the link associated with the county in which you plan to use the pesticide. You can then determine if your planned use is adjacent to identified salmon supporting waters. If it is, you will need to follow the interim buffers.


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County interim buffer maps

All maps are pdf documents.

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History

January 30, 2001
The Washington Toxics Coalition and a number of other public interest groups filed suit against the U.S. Environmental Protection  Agency (WTC v. EPA) alleging EPA had failed to assess the potential of certain pesticides to harm federally listed endangered and threatened species, and to consult with the National Marine Fisheries Service (NMFS) on whether those pesticides posed jeopardy to 26 federally listed endangered and threatened Pacific salmon and steelhead.
 
Under the Endangered Species Act, EPA must ensure that its registration of pesticides is not likely to jeopardize the continued existence of  species listed as endangered and threatened, or to adversely modify habitat critical to those species' survival. In addition, the Agency must consult, as appropriate, with the U.S. Fish and Wildlife Service or NMFS if a pesticide's use may affect listed species or designated critical habitat for a listed species.

July 2, 2002
The court ordered EPA to review pesticides containing any of 55 active ingredients, for their potential effects on these listed species and to consult with NMFS as appropriate.
 

January 22, 2004
The court issued an Order granting injunctive relief. The Order established interim buffer zones adjacent to identified salmon supporting waters (not all water bodies). The buffers were 60 ft for ground applications and 300 ft for aerial applications.
 
Court order, pdf (774 K)
 
EPA was responsible for making “effects determinations” for each of the individual pesticides in each of the various geographical regions in relationship to specific fish species. An effects determination is EPA’s conclusion regarding the potential effects a pesticide may have to a listed species, after a thorough ecological risk assessment is conducted. An effects determination may conclude that the pesticide’s use will have "no effect" on a listed species, "may affect but is not likely to adversely affect" a listed species, or is "likely to adversely affect" a listed species.
 
Buffers were to remain in effect for each of the individual pesticides until EPA: (1) Made a "no effect determination", or (2) determined that the use "may affect but is not likely to adversely affect" a listed species, or is "likely to adversely affect" a listed species, and then completed the required consultation process with NMFS. The consultation process is considered complete, when NMFS issues a final Biological Opinion.

Current
At this time, all required Biological Opinions have been issued, except for eight remaining pesticides (1,3-D, Bromoxynil, Diflubenzuron, Fenbutatin-oxide, Lindane, Prometryn, Propargite, Racemic metholachlor).
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