EPA Unveils New Herbicide Strategy to Protect Endangered Species and Critical Habitats

The new strategy, detailed in a document released by the EPA’s Office of Pesticide Programs, focuses exclusively on conventional herbicides, which are widely used in agriculture to manage weeds that compete with crops for light, moisture, and nutrients. The strategy addresses the significant challenge of assessing the potential impacts of herbicides on more than 1,700 federally listed species across the United States, aiming to prevent population declines due to chemical stressors.

Key Components of the Strategy

The Herbicide Strategy introduces a three-step framework to identify and implement mitigation measures that will reduce the potential population-level impacts of herbicides on listed species. These steps include:

1. Identifying Potential Population-Level Impacts: The EPA will assess the potential for herbicides to cause population-level impacts to listed species based on exposure estimates and toxicity thresholds. The agency will use this information to categorize potential impacts as low, medium, or high, guiding the level of mitigation required.
2. Determining Mitigation Measures: Depending on the potential impact level, the EPA will identify specific mitigation measures to reduce herbicide exposure through spray drift, runoff, and erosion. The strategy includes updated mitigation menus developed with input from stakeholders, offering flexibility for growers while ensuring the protection of listed species.
3. Geographic Application of Mitigation: The EPA will determine where in the contiguous United States these mitigation measures will apply. In some cases, mitigations will be required nationwide for specific crops, while in others, they will be limited to specific geographic areas, known as Pesticide Use Limitation Areas (PULAs).

Aiming for Efficiency and Regulatory Certainty

One of the primary goals of the Herbicide Strategy is to improve the efficiency of the EPA's ESA consultations. By identifying and implementing mitigation measures early in the pesticide registration and review processes, the EPA hopes to streamline its operations, reducing the time and resources needed for ESA compliance. This proactive approach is expected to protect over 900 listed species in the lower 48 states from the potential adverse effects of herbicides.

The strategy also aims to provide greater regulatory certainty for growers and other stakeholders by offering a clear, consistent approach to pesticide regulation. By applying objective criteria to determine when and where mitigation is necessary, the EPA seeks to create a more predictable regulatory environment.

Public and Stakeholder Engagement

The final Herbicide Strategy incorporates feedback from over 18,000 public comments and extensive consultations with stakeholders, including agricultural groups, environmental organizations, and state agencies. The EPA hosted a series of workshops and meetings to refine the strategy, ensuring it balances the needs of agriculture with the protection of endangered species.

Looking Ahead

The EPA’s Herbicide Strategy represents a significant step forward in integrating environmental protection with agricultural practices. As the strategy is implemented through FIFRA actions, it is expected to enhance the conservation of endangered species, mitigate legal risks associated with pesticide use, and ensure the continued availability of essential herbicides for growers.