By Zoe Wallace and Tom Hance
After 2.5 years of deliberation, the U.S. Environmental Protection Agency (EPA) issued on Aug. 20 its final Herbicide Strategy, which intends to create a consistent, reasonable, transparent and understandable approach to assessing the potential impacts of herbicides on 900 listed species and identifying mitigations. It describes whether, how much and where mitigations may be needed to protect federally listed species from agricultural uses of herbicides. The EPA would apply the strategy when issuing new active ingredient registrations or review decisions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Herbicide Strategy includes a three-step decision framework for the EPA to use when considering FIFRA actions, including how to apply mitigations.
Herbicide Strategy 3-Step Framework
The strategy introduces a point system for managing pesticide run-off and erosion, which is tailored to regional conditions. Counties are classified into four categories based on their run-off vulnerability: very low, low, medium and high. Farmers in counties with very low run-off potential receive six relief points, with low run-off potential three points and medium two points. Counties with high run-off potential do not receive relief points and must adhere to stricter mitigation requirements. This classification was in response to comments concerning regional variations in rainfall and differences in soil types that affect run-off and erosion. The Herbicide Strategy also offers relief points for practices that effectively manage run-off, such as using permanent berms or tailwater return systems. Farmers can earn additional points by working with technical experts (1 point) or participating in conservation programs (2 points), which helps reduce their overall mitigation burden.
Farmers will need to adjust their practices based on their county’s run-off vulnerability. For example, in high run-off potential areas, additional mitigation measures may need to be considered. In contrast, farmers in very low run-off potential areas might not need additional measures if they already use certain run-off control practices or have enough run-off relief points. In all cases, farmers should refer to the EPA’s mitigation menu (pages 47-49 of Herbicide Strategy) and product labels for detailed information on the required and available mitigation measures specific to their locations and conditions. Additionally, the EPA recognizes that in some instances, more than one pesticide must be used on an area. In this case, the agency directs users to follow “the most restrictive set of measures.”
The steps for calculating the number of additional measures required are:
- Start with Required Points: Check the pesticide label to see how many run-off mitigation points are required for the herbicide use (3, 6, or 9 points).
- Apply Relief Points: Deduct points for factors such as low run-off potential in the region or any other specific reasons noted in the strategy.
- Factor in Additional Relief: Subtract further points if you work with a technical expert, participate in a conservation program, or track your mitigation measures.
- Account for Existing Measures: If you’ve already implemented any of the EPA’s listed mitigation measures, subtract these points as well
- Calculate the Remaining Points: The final step is to determine the total number of mitigations points you still need to meet the requirements for using the herbicide.
Run-off Vulnerability at County Level
The timeline to enact Herbicide Strategy legislation was as follows:
- January 2022 – The EPA committed to fully complying with the Endangered Species Act (ESA) before registering any new conventional pesticides.
- April 2022 – The EPA released an ESA workplan on how to address challenges under the FIFRA, including how to assess effects to listed species in its pesticide evaluations and consultation processes.
- November 2022 – The EPA released an ESA workplan update.
- July 2023 – The EPA released its draft Herbicide Strategy with a 90-day public comment period.
- October 2023 – The U.S. Canola Association submitted comments on the draft Herbicide Strategy. The EPA received over 18,000 comments of which 250 were unique (the remainder came from mail-in campaigns).
- April 2024 – The EPA issued an update on its draft Herbicide Strategy.
- Aug. 20, 2024 – The EPA issued its final Herbicide Strategy.
Zoe Wallace and Tom Hance are policy analyst and executive director, respectively, of the U.S. Canola Association.