As NAAA recently reported, the EPA is considering a proposed settlement agreement to end a lawsuit brought by the Center for Biological Diversity that alleges the National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) reissued by the EPA in 2021 does not comply with the Endangered Species Act (ESA). The proposed settlement requires the EPA to conduct risk assessments for federally threatened and endangered species and their critical habitat for the 2026 PGP update.
In comments sent to the EPA on the proposed settlement, NAAA recommended the EPA oppose the settlement because it just adds one more layer of redundancy to an already redundant requirement. All of the pesticides that could be applied under the PGP already require a new registration or registration review that includes risk assessments for ESA species and habitats. Adding the requirement to the PGP only slows the process down and offers no additional safety to threatened and endangered species.
The PGP itself is redundant for the exact same reason—all pesticides that can be applied to areas covered under the PGP have already undergone risk assessment to ensure that they do not cause harm to the environment or people when used according to label instructions. NAAA will continue to work toward eliminating this overly burdensome rule.