As part of their current spate of efforts to ensure pesticide registrations comply with the endangered species act (ESA), in July of this year EPA released their draft herbicide strategy (HS). The HS follows on the ESA workplan, the ESA work plan update, and the vulnerable species pilot project (VSPP). While the VSPP seeks to provide a very targeted approach to protecting 27 particularly sensitive species, the HS seeks to protect over 900 ESA listed species by applying mitigations over a wide swath of agricultural land. 

 

The HS still utilizes pesticide use limitation areas (PULA) and bulletins from EPA’s Bulletins Live Two! (BLT) website to designate areas where ESA listed species and critical habitat are located and focus mitigations in those areas. However, instead of creating a separate PULA for each species, EPA lumped species impacted by herbicides into one of four large PULAs: Dicot plants (broadleaf plants) in terrestrial habitat, monocot plants (grasses) in terrestrial habitat, dicot plants in aquatic habitat, and monocot plants in aquatic habitat. These PULAs are currently based on the range of the species instead of known locations, which means they would likely protect areas larger than necessary.

 

In addition to the PULAs, the HS plans to protect generalist species – ESA listed animal species that use specific habitat types – by putting certain mitigations on the main label. This would result in mitigations required for any application sites near any potential listed species habitat. The broadly defined PULAs and the mitigations to protect generalist species on the main label would mean a marked increase in the cropland affected by ESA mitigations.

 

The good news for agricultural aviators is that NAAA’s efforts to educate EPA about how to properly estimate drift from modern aerial applications is paying off in a big way. Neither the HS nor the 12 case studies used to develop it propose to ban aerial applications near listed species, even for herbicides such as 2,4-D and dicamba. As with the VSPP, EPA’s primary drift mitigations strategy for both aerial and ground applications is the use of wind-directional buffers. The proposed buffer distances vary depending on herbicide, use rate, and droplet size. In addition, EPA once again acknowledged that they are considering updating the buffer distances by re-estimating aerial drift using the Tier 3 model in AgDRIFT as proposed by NAAA repeatedly over the last several years.

 

NAAA submitted comments to the EPA on the proposed HS. We supported the use of wind-directional buffers and re-assessing aerial drift using the Tier 3 model in AgDRIFT. NAAA strongly opposed the proposal to require ESA mitigations over a broad scope of cropland, and instead suggested EPA work closely with the Fish and Wildlife Service and other entities to better define the exact locations of listed species and critical habitat. NAAA also issued concerns about commercial applicators being a responsible party for farmers’ requirements that vegetative strips and other surface water runoff and soil erosion mitigations be in place on cropland subject to these ESA requirements.  The current plan is for EPA to release the final HS in early 2024. NAAA will continue to monitor the process and offer guidance to EPA on points related to aerial applications.  EPA is also working on a draft insecticide, rodenticide, and fungicide policy to protect endangered species that will be available for public comment.