In October, the EPA released proposed revisions to the methomyl proposed interim registration review decision. The changes were proposed as part of the EPA’s effort to address its obligations under the Endangered Species Act (ESA). The proposed changes are part of a pilot project aimed at dealing with the EPA’s current backlog of ESA concerns. The pilot project focused on three endangered species that are most likely to require mitigation to avoid adverse effects from methomyl applications. The three species are the valley elderberry longhorn beetle, the vernal pool tadpole shrimp, and the California tiger salamander. The proposed changes also included alternative mitigations for the 2009 Biological Opinion from the National Marine Fisheries Service (NMFS) to protect salmon species.
Earlier this month, NAAA submitted comments on the proposed changes that were highly supportive of one of the main mitigation strategies—wind directional buffer zones. For years NAAA has been articulating to the EPA that mandatory buffers adjacent to sensitive areas do not need to be permanent no-spray zones. Instead, NAAA has repeatedly requested buffer zones based on wind direction. The buffer zone is only required when the wind is blowing toward the sensitive area; no buffer zone is required when the wind is blowing away from it. NAAA did raise one concern over one proposed mitigation to require a coarse droplet size near the habitat of the valley elderberry longhorn beetle.
The proposed mitigations will only be required when applications are made within the range of the endangered species near critical habitat, depending on the specific species being protected. The EPA’s Bulletins Live! Two will be used to show applicators the location of ranges and critical habitats for endangered species. Some of the proposed mitigations only apply during certain months based on the biological activity of the species.
NAAA’s full comments can be read here. In January 2023, NAAA will be commenting on updates to the EPA’s ESA work plan and proposed label language for ESA mitigations.
