Final Insecticide Strategy sets registration framework

WASHINGTON — The Environmental Protection Agency recently released its long-awaited final Insecticide Strategy identifying protections for federally endangered and threatened species from the use of insecticides, while providing flexibility for pesticide users and farmers.

The Insecticide Strategy itself does not impose any requirements on pesticide users, and it is not a rule-making action. The strategy represents a framework that EPA will use as it registers and reregisters pesticides.

As new insecticides are registered and existing products are reregistered via the Federal Insecticide, Fungicide and Rodenticide Act process, they will need to comply with the new rule.

This is the second of three Endangered Species Act enforcement regulations that have reached the final rule stage. The final herbicide rule was released last year and any action on the fungicide piece of the trio has yet to be taken.

The strategy identifies mitigations aimed at protecting more than 900 species listed by the U.S. Fish and Wildlife Service that the EPA considers when it registers a new insecticide or reevaluates an existing one.

EPA’s final strategy was released one day before a court-set deadline to come up with a plan to keep insecticides from drifting or running off fields and harming federal protected species.

“This action is another example of how protecting our environment and safeguarding our economy can go hand in hand,” said EPA Administrator Lee Zeldin.

“We have found commonsense ways to keep endangered species safe that won’t place unneeded burden on the growers who rely on these tools for their livelihood and which are necessary to ensure a safe and plentiful food supply. We are committed to ensuring the agriculture community has the tools they need to protect our country, especially our food supply, from pests and diseases.”

EPA will continue to work with stakeholders to modify and update the strategy as additional information becomes available.

In addition, EPA anticipates continued engagement with stakeholders, including federal and state partners, to ensure effective implementation of the strategy.

The initial draft Insecticide Strategy was released in July 2024 and was followed by a 60-day public comment period during which more than 26,000 comments were received, including over 230 unique comments.

“In response to information provided through the public comments, EPA made several changes in the final strategy, supported by scientific analysis, to provide greater flexibility and options for pesticide users and growers, while ensuring that endangered species are protected,” the EPA stated.

Modifications

Some of the science-based modifications include:

• Reducing buffer distances across all application methods.

• Separating spray drift and runoff exposure estimates to identify mitigation specific to each route of exposure, so that the level of mitigation is more consistent with the exposure calculation.

• Providing credit for any reduction in the proportion of a treated field for ground applications.

• Expanding mitigation menu options to allow credit for a reduction in boom length for aerial applications, artificial screens for air-blast and ground applications, skipping last downwind row, use of axial deflectors and targeted application equipment.

• Increasing mitigation points for higher sand soils.

• Developing a process to qualify conservation programs or standards that will give growers credit for the implementation of those programs for runoff and erosion mitigation needs.

• Developing a process to qualify external parties that would assess a grower’s farms and determine the existing mitigation points that could be achieved.

• Adding anionic polyacrylamide, or PAM, as a new runoff and erosion mitigation option.

• Clarifying language on subsurface applications including alignment of language on subsurface chemigation with the mitigation menu website.

• Updating key data sources and identification of invertebrate species that may occur on agricultural fields.

• Adding a Pesticide Use Limitation Area, or PULA, group for generalist species that reside in wetlands to reduce mitigations applied outside of wetland habitats.

EPA anticipates continued engagement with stakeholders and federal partners to ensure effective implementation of the strategy.

For example, EPA will continue to work with stakeholders to develop PULA maps that are intended to focus mitigations to where they are needed, thereby greatly reducing pesticide restrictions, especially in situations where mitigations are not needed.

EPA also will continue to evaluate the positive effects of adjuvants for reducing spray drift, identify ways to implement and provide credit for offsets, explore the further inclusion of additional conservation programs and develop digital tools for growers, like an electronic app, to make it easier to identify PULA areas and to capture credits for drift and runoff mitigations that growers are implementing.