EPA Unveils Guidance for Pesticide Use Impacting Endangered Species

Background

The guidance, a response to the mandates of the Pesticide Registration Improvement Act of 2022 (PRIA 5), aligns with the objectives of the EPA's 2022 ESA Workplan. The focus is on enhancing the evaluation process for potential adverse effects caused by new outdoor pesticide uses, specifically targeting listed species and their critical habitats. This encompasses both conventional pesticides and biopesticides, ensuring a comprehensive approach to ecological preservation.

Key Requirements

PRIA 5 requires the EPA to develop guidance for registrants, detailing necessary analyses to support the evaluation of potential adverse effects on endangered species and their habitats. This guidance must be made public for comments and finalised within a year of PRIA 5's issuance. The current document adheres to these stipulations, echoing the analytical framework used for new active ingredients and registration reviews due to the similarity in ESA analyses required.

Public Involvement and Finalisation

The draft guidance, available for public comment from 21 September to 16 October 2023, garnered diverse viewpoints from stakeholders, including pesticide registrants, commodity groups, and environmental organisations. Although the final guidance remains largely unchanged from the draft, the EPA's consideration of these comments signifies its commitment to inclusive policy-making.

The guidance is more than a mere procedural document; it provides actionable recommendations for applicants. By detailing how to assess potential effects on listed species, especially for new outdoor uses of existing active ingredients, it enables applicants to devise effective mitigation strategies. These include identifying pesticide usage areas, understanding species exposure, and selecting appropriate mitigation measures. Adherence to these guidelines can expedite the review process under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and enhance ESA-FIFRA process efficiency.

EPA places a priority on ESA assessments for new uses involving genetically modified seeds and registered pesticides with pre-existing ESA obligations. This, however, does not diminish the requirement for comprehensive ESA assessments for all new use submissions.

Accessing the Guidance

For those interested in delving deeper into the guidelines or engaging in informed compliance, the document is accessible in docket EPA-HQ-OPP-2023-0281 and on the EPA’s website.

This guidance marks a proactive step by the EPA towards ensuring that the use of pesticides in outdoor settings does not compromise the survival of endangered species. By offering a clear, structured approach to conducting ESA analyses, the EPA not only streamlines the regulatory process but also encourages responsible environmental stewardship among pesticide registrants. This initiative reflects a growing recognition of the need to harmonise agricultural practices with ecological integrity, ensuring a sustainable future for all species.