Environmental Protection Agency Mitigation Proposal Update: Ziram/Thiram/Ferbam

Megan Luke, Penn State Extension, Viticulture & Tree Fruit Educator

The EPA recently hosted a webinar to address concerns and to outline new measures for mitigating risks pertaining to the use of three commonly used fungicides: ziram, thiram, and ferbam. It is crucial to understand what changes are being made to label requirements so that you can stay in compliance with these new measures. The EPA is heavily leaning on the use of their “Bulletins Live! Two” website to disseminate these changes, as well timing for open public comment periods regarding use (more information on Bulletins Live! Two below). Please read the following, and follow up with your local ENY regional specialist with further questions!

Key takeaways:

• The EPA has proposed cancelation of the registration of ziram in all cropping systems, on all operations.
• Use of ferbam will be canceled in apple, pear, citrus, mango, and cranberries, and use in peach and nectarine will be restricted.
• Use of thiram in non-seed treatment uses will be canceled.
• A 60-day comment period for all three fungicides will open by March of 2024, with ziram possibly being placed on a separate docket from the other two.
• Unless a high volume of comments is received, the EPA’s decisions are unlikely to change.
• On the current timeline, growers will have two growing seasons (2024 and 2025) to utilize these chemistries, use beyond the proposed timeline will be a violation of the label and the law.
• Updates regarding mitigation strategies in response to the Endangered Species Act and special label requirements will only be found on the “Bulletins Live! Two” website.

ZIRAM: The EPA has made the following statements regarding ziram:

“Risks of Concern from ziram use for fish (both freshwater and estuarine/marine), aquatic invertebrates, mammals, birds, and terrestrial invertebrates.  Also, there are dermal and inhalation exposures to occupational handlers, post-application occupational risks (dermal), and bystander (non-occupational) risks to adults (dermal) and children (combined dermal and incidental oral).”

Proposed Mitigation

• The EPA proposes cancellation of all uses for agricultural crops.

THIRAM: The EPA has made the following statements regarding thiram:

“Risks of Concern for fish (both freshwater and estuarine/marine) aquatic invertebrates, mammals, terrestrial invertebrates, birds, and aquatic and terrestrial plants. EPA identified exposure concerns to occupational handlers and post application risks and received new dermal toxicity data submitted by the Thiram Task Force. The dermal absorption factor (DAF) was revised from 15% to 10% after the new dermal data was reviewed; therefore, the Agency has re-evaluated the dermal exposure and risk estimates and have revised the human health DRA.”

Proposed Mitigation

• Cancellation of all non-seed treatment uses such as strawberries, peaches, non-bearing trees, shrubs, nursery stock, ornamentals.

FERBAM: The EPA has made the following statements regarding ferbam:

“Risks of Concern for fish (both freshwater and estuarine/marine), invertebrates, aquatic-phase amphibians, mammals, birds, and terrestrial invertebrates. There are also occupational handler and occupational post-application risks for workers.

Proposed Mitigation

• Cancellation of all uses on apple, pear, citrus, mango, and cranberries.
• Require the use of a PF50 respirator and restricting the application method to only be applied by mechanically pressurized handgun on peach and nectarine for dry flowable formulations.
• Restricting the application timing for peaches and nectarines to the dormant period.
• Include FIFRA Interim Ecological Mitigation – pesticide incident reporting and Bulletins Live! Two (BLT) language, risk advisory statement and best management practices for insect pollinators.”

This is the last stage of the re-registration process for a pesticide with an active label registration. If you would like more information regarding the re-registration process, you can find that information here: EPA Pesticide Re-registration Process

A breakdown of the timeline for ziram*/thiram/ferbam usage:

 *Ziram may be separated from the other two for public comment and maintain a separate docket thereafter

January-March 2024: The Proposed Interim Decision (PID) will be published and posted for final public comment. This is the text above in quotations, which includes the cancelation of the registration in all cropping systems, on all operations.

60 Days: From publication of PID, there will be a final 60-day public comment period. This information will be forwarded to our members as soon as it is available, HOWEVER, the EPA representatives and the above quoted text demonstrate that without SIGNIFICANT amounts of comments and new data, their decision is unlikely to change.

60-180 Days: After the 60-day comment period closes, the EPA will review the comments and finalize the decisions, including publishing the Interim or Final Decision (ID or FD).

3-6 months: Once the Final Decision is made, it takes up to six months (but as little as three months) to review updated labels, receive a federal letter, and stamp it.

12 Months: From the date the federal letter is stamped, there is a 12-month “grace period” to utilize or responsibly dispose of any remaining product within the supply chain. This includes on-farm products and products located at suppliers and distributors.

 What should you do?

The only recourse that we have at this time for all three pesticides is to participate in the public comment period which will open after the first of the year.

For timely information regarding the EPA’s guidance on pesticide use and mitigation strategies, they are encouraging ALL growers to check the EPA’s new “Bulletins Live! Two” website. This website contains the most current information regarding pesticide use registration addendums, Pesticide Use Limitations Areas (PULAs), and Endangered Species Act compliance strategies.

EPA’s Bulletin Live! Two Website, including a quick start guide and tutorial, can be found here: https://www.epa.gov/endangered-species/bulletins-live-two-view-bulletins.