EPA Unveils Fungicide Strategy to Protect Endangered Species

Key Takeaways

The EPA has unveiled a draft strategy aimed at reducing harm to endangered species from fungicide use.
This strategy is based on previous frameworks for herbicide and insecticide use and will inform new active ingredient registrations.
The agency plans to engage with stakeholders to refine mitigation measures before finalizing the strategy in November.

New Fungicide Strategy Aims to Protect Endangered Species

The Environmental Protection Agency (EPA) has announced a draft strategy focused on minimizing the impact of fungicides on endangered species. This initiative draws upon existing frameworks previously established for herbicides and insecticides. Though the strategy itself is not self-enforcing, it will be applied during the review processes for new conventional active ingredient registrations and in decisions regarding existing registrations.

The strategy primarily aims to identify mitigation measures based on exposure, toxicity, and usage data, which the EPA intends to integrate into registration and review actions. The overarching goal is to lessen the detrimental effects that fungicide exposure may have on species protected under the Endangered Species Act (ESA). The initiative applies to all states except Hawaii.

This new framework was developed under a deadline set by a settlement involving the EPA, CropLife America, and other industry stakeholders alongside environmental groups like the Center for Biological Diversity and the Pesticide Action Network. The EPA has been striving to address its ESA obligations amid numerous lawsuits, which compelled it to consult with the Fish and Wildlife Service and National Marine Fisheries Service. However, these consultations were time-consuming, prompting the agency to release a streamlined workplan in 2022 to effectively manage its ESA responsibilities concerning over 1,600 listed species.

According to the workplan, the EPA has historically struggled to meet its ESA duties. Despite approving more than 1,000 pesticide ingredients over the decades, it has fulfilled its ESA obligations for fewer than 5% of those actions. After finalizing the strategy in November, the agency may implement specific mitigation measures on labels where pesticides are applied, potentially including required language that directs users to the EPA’s Mitigation Menu website.

The proposed strategy details the types of mitigation methods likely to be included, emphasizing the risks posed by spray drift. The agency has recommended using oil emulsion drift reduction adjuvants and polysaccharide (guar gum) to help minimize drift and reduce buffer distances during application. However, the strategy notes that polymer adjuvants are currently not considered suitable for such reductions due to their sensitivity to pump shear, which could compromise spray drift control in multiple uses.

In the draft strategy, the EPA has identified numerous species that may require mitigation measures. This includes 85 listed vertebrates, 39 listed invertebrates (including 15 mussel species reliant on fish), and 136 listed plants that could be affected by pesticide use limitation areas (PULAs). These areas are specifically designated regions where pesticide mitigations for endangered species or their habitats will be implemented.

To ensure the strategy is effective, the EPA plans to engage a variety of stakeholders, including grower groups, certified pesticide applicators, and representatives from federal and state agencies, as well as non-governmental organizations. This engagement will take place through meetings and webinars, aimed at discussing potential updates to mitigation measures before the finalization of the strategy.

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