APHIS Factsheet

Biotechnology Regulatory Services May 2013

Questions and Answers:

Notice of Intent To 

Prepare Environmental 

Impact Statements for 

2,4-D and Dicamba 

Genetically Engineered 

Plants Under 

Consideration for 

Deregulation

On May 10, 2013, USDA’s Animal and Plant Health 

Inspection Service (APHIS) announced its intent to 

prepare two separate environmental impact statements 

(EISs) to inform its decisionmaking regarding the 

regulatory status of new genetically engineered (GE) 

corn, soybean, and cotton plants resistant to the 

herbicides known as 2,4-D and Dicamba. These are 

the first GE plants developed to be resistant to these 

herbicides.

Q. What does Notice of Intent (NOI) mean?

A. In accordance with the National Environmental 

Policy Act (NEPA), an NOI is published in the Federal 

Register by APHIS and announces APHIS’ intention 

to produce an EIS and the initiation of the EIS 

process. With publication of each NOI, a 60-day public 

comment period begins. During this period, APHIS 

will receive comments that will then be considered in 

the development of both draft EISs. A second public 

comment period will follow the publication of each draft 

EIS, and those comments will be considered in the 

development of each final EIS. Following publication 

of each final EIS, APHIS will issue a record of decision, 

announcing a determination regarding the petition for 

nonregulated status. 

Q. Why has APHIS decided it needs to prepare 

these EISs?

A. Through its analysis of information submitted by 

the developers of these products, as well as public 

comments it has received, APHIS has determined that 

its regulatory decisions may significantly affect the 

quality of the human environment. APHIS therefore 

believes it necessary under NEPA to prepare these 

two EISs to further assist the agency in evaluating any 

potential environmental impacts before we make a final 

determination regarding their regulatory status. 

Q. What are the differences between these EISs?

A. One EIS will review the potential impacts of 

different regulatory options before APHIS for three GE 

plants resistant to 2,4-D (one corn and two soybean 

varieties); the other EIS will review the potential 

impacts of the different regulatory options before 

APHIS for two GE plants resistant to Dicamba (one 

cotton and one soybean variety). 

 

Q. How will preparing the EISs assist APHIS in its 

decisionmaking? 

A. An EIS is helpful in informing APHIS regarding 

any potential environmental impacts before the 

agency makes its regulatory determination under the 

Plant Protection Act. Through an EIS, APHIS can 

consider regulatory alternatives and their potential 

environmental impacts, as well as other potential 

impacts to public health and endangered species. 

However, in regards to any potential environmental 

impacts evaluated in the EIS, NEPA does not provide 

APHIS any additional regulatory authority to address 

those impacts beyond what the Plant Protection Act 

provides. 

Q. Is APHIS coordinating with the Environmental 

Protection Agency (EPA)?

A. Yes. EPA is currently performing a complete review 

of the new uses associated with 2,4-D on GE corn 

and soybeans and Dicamba on GE soybeans and 

cotton. APHIS will rely on EPA’s assessments to inform 

its environmental documentation associated with the 

EISs. 

Q. Will APHIS prepare any other assessment of 

these GE products in addition to the EISs?

A. Yes. The Plant Protection Act gives USDA authority 

to protect plant health in the United States. In 

implementing the Act, APHIS’ regulations require the 

agency to evaluate if the GE product is a plant pest 

to agricultural crops or other plants or plant products. 

The Act defines a plant pest as living organisms, such 

as bacteria, fungi, or insects that can cause harm to 

agricultural crops or other plants or plant products. 

In accordance with this Act, APHIS will evaluate 

any potential plant pest risks associated with these 
products that are resistant to 2,4-D and Dicamba in its 

plant pest risk assessments.

Q. What is 2,4-D?

A. 2,4-D is a selective aryloxyalkanoic acid known 

also as a ‘phenoxy herbicide’, which has been used 

since the 1940s as a pre-plant or post-emergent 

herbicide to control broadleaf (dicot) weeds on a broad 

range of crop and non-crop sites, including cornfields. 

EPA has approved 2,4-D herbicide to control broadleaf 

weeds on a variety of food/feed sites, including field, 

fruit, and vegetable crops. Currently, 2,4-D is approved 

for pre-plant and post-emergent application on corn 

and pre-plant application on soybean. 

Q. What is Dicamba?

A. Dicamba is a selective benzoic acid herbicide and 

is part of the aromatic acids family of herbicides. The 

herbicide has been approved by EPA since 1967 for 

use on a wide range of agricultural, industrial, and 

residential sites. Dicamba provides effective control for 

more than 95 types of weeds and suppression of over 

100 perennial broadleaf and woody plant species. 

Q. What are the 2,4-D resistant products that are 

included in the EIS? 

A. Dow AgroSciences (Dow) has filed three petitions 

asking APHIS to deregulate its GE corn and soybean 

plants that are resistant to the herbicide 2,4-D: 

 • Dow Herbicide-Resistant Corn (DAS-40278-9), 

 • Dow Herbicide-Resistant Soybean (DAS-68416-

 4), and

 • Dow Herbicide-Resistant Soybean (DAS-44406- 

 6).

Q. What are the Dicamba-resistant products that 

are included in the EIS? 

A. Monsanto has filed two petitions asking APHIS to 

deregulate its GE cotton and soybean plants that are 

resistant to the herbicide Dicamba: 

 • Monsanto Double Herbicide-Resistant Cotton 

 (MON 88701) and

 • Monsanto Herbicide-Resistant Soybean (MON 

 87708).

Q. What regulatory documents has APHIS already 

made available regarding these products?

A. For the 2,4-D-resistant plants, APHIS has 

previously made available for public review and 

comments Dow’s petitions to the agency to deregulate 

the three products, along with draft environmental 

assessments and plant pest risk assessments for 

two out of the three products. APHIS received 

approximately 8,200 comments in total on these, 

including substantial comments regarding the 

cumulative use of 2,4-D herbicides and development of 

herbicide-resistant weeds. Additionally, over 400,000 

individuals signed petitions asking APHIS to deny 

deregulated status to the GE plants resistant to 2,4-D.

For the Dicamba-resistant plants, APHIS previously 

made available for public review and comment the 

petition by Monsanto to deregulate its soybean 

product. The comment period on the petition for the 

cotton closed on April 29, 2013. To date, APHIS has 

received more than 500 individual comments and 

31,000 form letters regarding these two petitions. 

Q. Why have the developers of these GE products 

created new herbicide-resistant varieties?

A. These products have been developed to provide 

farmers the flexibility for new applications of these 

herbicides, while also offering them additional crop 

planting options. 

Q. As APHIS begins its assessments, will the 

agency convene public meetings to receive 

comments? 

A. Yes. APHIS plans to host upcoming public 

meetings in support of our preparation of the draft 

EIS. These meetings will be further publicized by 

the agency through a Federal Register notice as well 

as information posted to the APHIS Web site and 

disseminated to stakeholders. 

United States Department of Agriculture • Animal and Plant Health Inspection Service • Safeguarding American Agriculture

USDA is an equal opportunity provider and employer.