U.S. EPA Seeks Public Comment on Pesticide Application Guidance for Endangered Species

May. 26th, 2023

The U.S. Environmental Protection Agency (EPA) has released draft guidance to improve the efficiency of EPA’s Endangered Species Act (ESA) analyses for new pesticide active ingredient applications and active ingredients undergoing registration review. The guidance aims to fulfill requirements outlined in the Pesticide Registration Improvement Act of 2022 (PRIA 5) and further, EPA’s 2022 ESA Workplan to protect listed species from exposure to pesticides.

PRIA 5 mandates that EPA develop and issue guidance to registrants, which this draft guidance fulfills. The draft guidance is applicable to new conventional and biopesticides for outdoor use and existing conventional and biopesticides for outdoor use that are being reevaluated under registration review.

While the draft guidance does not create any new requirements for applicants, the recommendations in the guidance will help applicants address potential effects to listed species for new active ingredients and registration review actions. The recommendations focus on identifying where a pesticide will be used, how species may be exposed to the pesticide, and how to select mitigation to reduce the exposure, which should expedite the FIFRA action and improve the efficiency of the overall ESA-FIFRA process.

The draft guidance, which incorporates lessons learned from previous EPA ESA workplan implementations, is open for public comment for 30 days in docket EPA-HQ-OPP-2023-0281 at www.regulations.gov. (Source: U.S. EPA)

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