In August 2024, the U.S. Environmental Protection Agency (EPA) released a new herbicide strategy aimed at better aligning with the Endangered Species Act (ESA). This new strategy will alter pesticide labels by adding extra mitigation measures that seek to reduce pesticide exposure to over 900 endangered species in the contiguous U.S.
What prompted the new strategy?
The Endangered Species Act was passed by Congress and signed into law in 1973. This important piece of legislation provides a framework to protect threatened or endangered species and their critical habitats and has been credited for saving numerous species, including the bald eagle, from extinction. In addition to providing a framework for protection of these species, the law also directs all federal agencies to ensure that their actions do not jeopardize these “listed” species or their critical habitat.
You may wonder why a law implemented over fifty years ago is now driving changes to EPA policy. The answer to that lies in a recent court settlement that resolved a lawsuit between the Center for Biological Diversity and the EPA where the environmental group argued that the agency was failing to meet its obligations to protect endangered species from pesticides. As part of the landmark settlement, the EPA agreed to develop a strategy to better protect endangered species from herbicides by 2024 and insecticides by 2025.
How does the new strategy work?
The strategy is not self-implementing and will result in changes to individual herbicide labels as part of the registration process. In other words, we will see changes over time as EPA registers new products and renews registrations for existing products. Farmers and pesticide applicators need to be aware of these changes and should make sure to consult the most up-to-date product label for each pesticide that they use. Note that for now, these new guidelines are for agricultural use only and do not apply to pesticides used in the home landscape or on golf courses or schools.
Herbicides determined to have the potential to impact listed species at a population level will require mitigations either on a product’s entire use area or in geographically specific regions. Required mitigations for an entire use area will be listed directly on the herbicide product label and will be categorized by run-off/erosion potential and/or spray drift potential.
Required mitigations that are specific to geographic location, called PULA’s (Pesticide Use Limitation Areas), will direct applicators via the pesticide label to visit the EPA website Bulletins Live! Two, www.epa.gov/endangered-species/endangered-species-protection-bulletins, up to six months before the scheduled application to check for any active bulletins in the application area. The online tool allows users to navigate to their specific area by using the search tool or by panning and zooming on a map. The search tool will require selecting an application month and can be used to search for a specific pesticide product or alternatively to search for all products with limitations in the selected area. Results can then be downloaded and printed using the “printable bulletin” button in the top right corner. These documents can serve as valuable record-keeping tools. See the example for Lewistown, Illinois.
Alternately, pesticides that require mitigations for all use areas will list those right on the product label and may include run-off/erosion mitigations or drift mitigations, or both.
Run-off/erosion mitigations will target reductions in off-site movement of herbicides through soil and water and will be based on a points system requiring applicators to achieve from one up to nine points. Mitigation relief points are automatically available based upon a region’s run-off vulnerability rating, a factor especially influenced by differences in frequency and amount of rainfall. Fulton and Mason counties in Illinois, for example, receive two relief points right off the bat. Any additionally required mitigation points, dependent upon each individual herbicide product, are cumulative and can be earned by selecting from a menu of options that will allow farmers to choose which make the most sense for their operation. Options include but are not limited to, in-field practices such reduced tillage and cover crops, field-adjacent practices such as vegetated filter strips and waterways, and administrative practices such as record-keeping and collaboration with technical service providers. A full menu of mitigation options along with a user guide and calculator tool can be found on the EPA website www.epa.gov/pesticides/mitigation-menu
Drift mitigations will target reductions of wind-displaced spray droplets from entering critical habitats. Downwind buffers ranging from 10 up to 320 feet may be required but can be reduced on a percentage basis by implementing one or multiple mitigation practices, that are again cumulative and of the applicator’s choosing. Options include but are not limited to spray droplet size reductions, presence/addition of windbreaks, and lowered spray boom height. It is important to note that certain managed land areas will qualify to be included within the buffer distance. In other words, roads, buildings, farm fields, and Conservation Reserve Program lands located downwind from spray applications may satisfy all or a portion of the buffer distance.
The EPA’s Final Herbicide Strategy as it relates to the Endangered Species Act aims to protect threatened species and their critical habitats while allowing farmers and applicators more stable, reliable access to the pesticides they need. While the guidelines may seem complex, especially the varied options for mitigating drift and runoff/erosion, the framework presents farmers and pesticide applicators flexibility in how best to meet the mitigation needs for their unique operations. Illinois Extension stands ready to assist with technical expertise for farmers interested in hearing more about how to implement new practices on their lands.
MEET THE AUTHOR
In 2021, Tara Heath joined the University of Illinois Extension team as horticulture program coordinator for Fulton, Mason, Peoria, and Tazewell counties. After three+ years successfully supporting the local Extension Master Gardener program, Tara completed her master of science degree and was promoted to a commercial ag educator, with a focus on agronomy and crop sciences. In her new role, she will continue her work as the Annie's Project coordinator and begin her programming efforts in the area of regenerative agriculture practices such as reduced tillage and cover crops.
Tara received her Bachelor of Science degree in agriculture with an emphasis in horticulture from Western Illinois University and Master of Science degree in crop sciences with an emphasis in horticultural food systems from University of Illinois. She has over 20 years of experience in landscape management, having served as the Superintendent of Grounds at Western Illinois University.