In July 2023, the Environmental Protection Agency (EPA) released a draft strategy for public comment aimed at enhancing the integration of the Endangered Species Act (ESA) with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This initiative strives to protect federally listed species from the adverse effects of herbicides by proposing mitigation measures during pesticide registration and review processes. Since the release, the EPA has garnered extensive feedback indicating the strategy’s complexity and potential challenges for implementation by growers. In response, the EPA has outlined expected amendments to simplify the process and increase flexibility for compliance, thereby addressing stakeholder concerns ahead of finalizing the strategy.
Introduction to EPA's Herbicide Strategy
The EPA is committed to revising its approach to pesticide regulation under FIFRA, ensuring early protections for listed species. The draft strategy, part of a broader EPA effort initiated in January 2022, targets reducing herbicide exposure risks to these species across the U.S. by identifying necessary mitigations at an early stage of pesticide registration and review.
Summary of Stakeholder Feedback and Anticipated Changes
The EPA received over 18,000 comments during the 90-day public consultation period, reflecting a mix of support and concern. Key areas of concern were the strategy’s complexity and its feasibility for growers. Major themes from the feedback include:
- Simplification of Mitigation Requirements: Many found the multi-tier mitigation system overly complicated. The EPA plans to streamline this into four basic levels—none, low, medium, high—making it easier for users to determine required mitigation based on pesticide characteristics and usage.
- Increased Flexibility for Growers: The EPA proposes expanding the mitigation options, particularly for minor and specialty crops, and considers tailoring mitigation measures to regional conditions like precipitation levels and soil types.
- Enhancement of Educational Materials: To aid understanding and compliance, the EPA aims to develop clear, concise educational resources outlining how to determine and implement necessary mitigations.
Detailed Discussion of Proposed Improvements
The proposed improvements span several areas:
- Educational Tools: Development of materials to explain mitigation levels and their determination.
- Mitigation Flexibility: Introduction of new measures such as erosion barriers and soil carbon amendments.
- Geographic Tailoring: Adjustments in mitigation requirements based on regional environmental conditions to reduce the burden where possible.
Collaboration and Ongoing Adjustments
The EPA is collaborating closely with the United States Department of Agriculture (USDA) and other stakeholders to refine and expand mitigation measures. This includes workshops to gather more insights and suggestions from agricultural stakeholders, aiming to ensure the strategy is both effective and manageable.
Future Steps
The EPA is focused on finalizing the strategy by 30 August 2024. This will involve continued stakeholder engagement and refinement of the strategy based on the feedback received. The finalized strategy will not impose new requirements directly but will guide the mitigation required during pesticide registration and review to protect endangered species effectively.
