Category: News

Whenever pesticides are used, we have a responsibility to make sure they are used safely and do not cause harm to people, wildlife or the environment. The United States Environmental Protection Agency (EPA) is increasing efforts to make sure pesticide impacts are minimal, especially for species that have been identified as an endangered species.

This leaves many landowners, farmers and pesticide applicators wondering what effects new pesticide regulations will have. The EPA recently invited feedback on the use of online information (called bulletins) as additions to pesticide labels to provide additional site-specific restrictions for certain pesticide products. Generally, the bulletins will add rules for “critical habitat” areas where endangered species may be affected by pesticide applications. There will be additional opportunities for the public to comment.

In areas identified as “critical habitat,” additional application rules will apply. These areas are called, “pesticide use limitation areas” or PULAs, and these rules will include a list of options, like a menu. Pesticide applicators may choose which options to use—several options may be needed for some products. Some of the practices, such as having a buffer strip between fields where the pesticide is used and critical habitat—may take a little time, planning and collaboration with landowners to implement. However, it is worth noting that many of the mitigation options fit requirements for multiple pesticide products. For example, as herbicides are (ideally) rotated from year to year, the mitigations options can remain the same between years.

There are two ways to prepare for pesticide rule changes. First, become familiar with  the new Bulletins Live Two? (BLT) online database and look up the locations where you apply pesticides. If none of your areas are currently in a PULA, you will not currently need to worry about these changes. However, maps will be regularly updated so be sure to become familiar with this process and check the database before every pesticide application.

The second way to prepare for changing rules is to consider which of the mitigation options may be most useful in the areas you own or spray. This menu of options, also called the “pick list” by the EPA can be found in this ESA workplan Update (pick list descriptions begin on page 29). You have likely heard of many of the options before in relation to preventing soil loss and protecting adjacent habitat, and you may even have some implemented already. The goal is to reduce movement of pesticide applications so it stays where it is applied, providing the most benefit for farmers and the least impact to wildlife and water quality.

Below is a list of resources to help you stay informed about EPA’s regulation changes. Other useful resources will be added as details are confirmed.

• EPA Bulletins Resource webpage. This EPA page includes tutorials and instructions for using the new “Bulletins Live” database.
• Bulletins Live! Two Online Database. Search this database for pesticide products you want to use and locations where you spray to see whether any new rules apply to your application process.
• ESA workplan Update (Nov 2022). Look over the mitigation options menu or “pick list” starting on page 29. These are the practices you can choose from if the area you need to spray is in a PULA.
• Navigating a New Era: Understanding the Endangered Species Act & Its Impact on Pesticide Regulation (Aug. 4, 2023)
  Webinar by Illinois Soybean Association about why online bulletins are being used to add additional pesticide application requirements to specific areas. Specific examples of additional regulations and options for mitigation (so the product can still be used) are provided.
• Pressured by Lawsuits, EPA Toughens Pesticide Rules to Protect Endangered Species (Oct 31, 2023). This summary describes why it is necessary for the EPA to make changes to pesticide application rules.
• The Council for Agricultural Science and Technology (CAST) has developed a webinar series about the Endangered Species Act, and webinar topics are described on the webinar signup page. Webinar recordings are available on CAST’s YouTube Channel (fall 2023).
• “Endangered Species Act and Pesticides: An Example” webinar from the New York IPM Program (3/20/24) This webinar from the New York IPM Program includes answers to common questions like “When will changes happen,” “Will this affect my farm?” and “How do I prepare?” A specific pesticide example using Enlist one and Enlist Duo is explained.