EPA Marks Endangered Species Day by Publishing Maps to Help Pesticide Users Better Understand Risks to Endangered Species

This original announcement was published by the EPA on May 19, 2023. Click here for more information.

 

Today, in recognition of Endangered Species Day, the U.S. Environmental Protection Agency (EPA) is publishing a group of StoryMaps to raise public awareness about protecting endangered species from pesticides. These StoryMaps use an interactive format to describe 11 endangered and threatened (listed) species, their habitats, and why they are at risk from pesticide exposure.

Through its Vulnerable Species Pilot, EPA has been identifying endangered species that are vulnerable to pesticides, developing mitigations to protect them from pesticide exposure, and will apply the mitigations to many types of pesticides.

The species included in this pilot are:

  • listed as endangered or threatened species by the U.S. Fish and Wildlife Service;
  • located in areas where pesticides are likely to be applied; and
  • have relatively small ranges (where they live, are suspected to live, and areas that impact the species’ survival in some way).

As described in EPA’s Endangered Species Workplan, the pilot focuses on implementing protections for 27 vulnerable federally listed endangered and threatened (listed) species.

The StoryMaps released today include descriptions of 11 of the pilot species and their habitats and explains why they are vulnerable to pesticides. These StoryMaps offer the unique ability to convey geospatial information about the location of these species and the protections they need from pesticides. For example, users can zoom in on the maps to view specific locations that may be of interest to them (e.g., where pesticide restrictions may apply to protect each species). Engaging the public and stakeholders through maps, other visuals, and narratives can help convey complex information in an easy-to-understand manner, offering a greater sense of place-based mitigations to protect species from pesticides.

EPA plans to propose mitigations and its implementation plan for all 27 species included in the Vulnerable Species Pilot in June 2023. At that time, the Agency will update the StoryMaps released today to include mitigations and will release StoryMaps for the 16 remaining species.

EPA and its federal partners are committed to developing tools for pesticide users to better understand pesticide risks to listed species and designated critical habitats, not just on Endangered Species Day, but every day.

View the StoryMaps page here.

Register for EPA’s Webinar on Bilingual Pesticide Labels

This original announcement was published by the EPA on May 18, 2023. Click here for more information.

 

The U.S. Environmental Protection Agency (EPA) is hosting a public webinar on Thursday, June 15, 2023, from 5:00pm to 7:00pm EST to obtain input from the public on ways to make bilingual pesticide labeling accessible to farmworkers as required by the Pesticide Registration Improvement Act of 2022 (PRIA 5).  

The majority of our nation’s two million farmworkers speak Spanish. This effort will advance environmental justice by ensuring those farmworkers have access to important health and safety information on pesticide labels in their native language. During the webinar, EPA will provide a brief overview of the PRIA 5 requirements on bilingual pesticide labeling and milestones. PRIA 5 amended the Federal Insecticide, Fungicide, and Rodenticide Act, requiring Spanish language translation for key health and safety sections of the end-use pesticide product labels where the translation is available in the EPA Spanish Translation Guide for Pesticide Labeling. The Spanish language translation must appear on the pesticide product container or on a link to the translation via scannable technology or other electronic methods readily accessible on the product label. These translations are required on a rolling schedule from December 2025 to December 2030 depending on the type of product and the toxicity category. PRIA 5 also requires EPA to begin to seek stakeholder input on ways to make bilingual pesticide labeling accessible to farmworkers by June 30, 2023, and to implement a plan to ensure that farmworkers have access to the bilingual pesticide labeling by December 2025. 

As EPA determines the next steps in developing a plan to make bilingual pesticide labels accessible to farmworkers, the Agency is interested in feedback on the following items.  

  • What communication approaches, processes or strategies should the Agency consider to ensure bilingual pesticide labels are accessible to farmworkers?  What specific approaches should the Agency avoid or adopt when implementing efforts to best ensure access by farmworkers to bilingual pesticide labels? 
  • What technologies, mobile applications, and internet access should the Agency consider? Would web-based labels be accessible to farmworkers? How should the Agency overcome internet connectivity issues that some farmworkers may face?
  • How can the Agency effectively share health and safety information on pesticide labels with farmworkers? What should on-the-ground logistics look like? Which entities (e.g., community-based organizations) should the Agency work with to provide label information to farmworkers? 
  • As the Agency implements actions to meet this requirement, how can EPA effectively increase farmworker access to bilingual pesticide labels (e.g., communication plans, outreach strategies)? 

Attendees have two options for webinar participation – listen only or listen and speak during the webinar to provide recommendations to EPA. Speakers will have up to three minutes to provide recommendations to the Agency depending on the number of participants interested in providing remarks. Speakers must register for the event by Friday, June 9th. Attendees can register any time until the start of the webinar as a listen only participant. Further logistics and information will be provided to participants through the Eventbrite system. 

Following the webinar, EPA will open a comment period for 60 days through a Federal Register Notice to obtain written input on ways to make bilingual pesticide labeling accessible to farmworkers. Further information about the public docket will be provided during the event and in future EPA announcements.  

Stakeholders are encouraged to share this announcement with their networks. This webinar will be held in English with Spanish and American Sign Language interpretation services. For general inquiries about this webinar, email: OPPbilinguallabels@epa.gov. 

EPA Opens Public Comment on Draft Guidance for Pesticide Application Submissions that Require Endangered Species Act Reviews

This original announcement was published by the EPA on May 17, 2023. Click here for more information.

 

The U.S. Environmental Protection Agency (EPA) is seeking public comment on draft guidance to improve the efficiency of EPA’s Endangered Species Act (ESA) analyses for new pesticide active ingredient applications and active ingredients undergoing registration review. This guidance, when finalized, fulfills requirements outlined in the Pesticide Registration Improvement Act of 2022 (PRIA 5) and furthers goals outlined in EPA’s 2022 ESA Workplan to protect listed species from exposure to pesticides.  

Among other requirements, PRIA 5 mandates that EPA develop and issue guidance to registrants regarding analyses necessary to support the evaluation of potential adverse effects from outdoor uses of pesticide products on listed species and designated critical habitat. PRIA 5 specifies that the draft guidance be available for public comment and be finalized within nine months of PRIA 5 issuance. 

The draft guidance applies to:

  • New conventional pesticides and biopesticides that are intended for outdoor use; and 
  • Existing conventional pesticides and biopesticides that are intended for outdoor use that are being reevaluated under registration review. 

Although this document does not create new requirements for applicants, the recommendations in the guidance will help applicants address potential effects to listed species for new active ingredients and registration review actions. In particular, the recommendations focus on actions that applicants can voluntarily pursue to inform their proposed mitigation measures for listed species. These actions include identifying where a pesticide will be used, how species may be exposed to the pesticide, and how to select mitigation to reduce the exposure. If followed, these recommendations should expedite the FIFRA action and improve the efficiency of the overall ESA-FIFRA process.

Guidance for new uses of existing active ingredients will be made available at a later date. 

The draft guidance, which incorporates lessons EPA has learned over the past several years as it has worked to implement EPA’s ESA workplan, is available for public comment in docket EPA-HQ-OPP-2023-0281 at www.regulations.gov for 30 days.   

Upcoming Virtual Public Meeting on Formaldehyde Studies

This original announcement was published by the EPA on May 9, 2023. Click here for more information.

 

The U.S. Environmental Protection Agency (EPA) will hold a virtual public meeting on May 16-18, 2023, from 1:00 – 5:00 pm Eastern Time to consult the Human Studies Review Board (HSRB), an independent advisory committee, about the scientific and ethical conduct of two human health studies on formaldehyde, as well as a draft weight of evidence document on the use of human studies for evaluating formaldehyde’s acute respiratory effects.  

Under EPA’s Human Studies Rule, this consultation is required for all studies that involve intentional exposure of human subjects to a substance or pesticide. This consultation process ensures that EPA relies on research that meets the appropriate standards for protection of human subjects.  

EPA is currently developing a draft Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) risk assessment for formaldehyde’s use as a pesticide and a draft risk evaluation of formaldehyde under the Toxic Substances Control Act (TSCA). The Agency will consider the studies being reviewed by the HSRB along with other studies as part of the FIFRA and TSCA assessments.  

Visit EPA’s website for the materials that will be discussed at the HSRB meeting, including the relevant studies, EPA’s science and ethics reviews of these studies, and the weight of evidence document that will be considered by HSRB.  

Register for the meeting here.  

Background on EPA’s Draft IRIS Assessment of Formaldehyde  

EPA’s IRIS Program released a draft health assessment on formaldehyde for review and comment in April 2022, that provided scientific support for evaluating health risks from chronic exposure to formaldehyde through inhalation. The two controlled human exposure studies that will be presented to the HSRB at the upcoming meeting in May were used in the IRIS assessment to inform conclusions on how inhaled formaldehyde can irritate the eyes, nose and throat. EPA received public comments on the IRIS document and is now in the process of independent scientific peer review managed by the National Academies of Sciences, Engineering, and Medicine (NASEM). On Oct. 12 and Dec. 22, 2022, and on Jan. 20, 2023, NASEM held public meetings on the Review of EPA’s 2022 Draft Formaldehyde Assessment. The NASEM review is assessing whether EPA’s draft IRIS assessment was adequate and transparent in evaluating the scientific literature and used appropriate methods to synthesize the science. NASEM is also reviewing conclusions that were informed by the two controlled human exposure studies the HSRB will be reviewing at the May meeting. 

To learn more about EPA’s assessment of formaldehyde, visit EPA’s website.  

EPA Takes Next Step in the Endangered Species Act Review of Three Neonicotinoids

This original announcement was published by the EPA on May 6, 2023. Click here for more information.

 

The U.S. Environmental Protection Agency (EPA) is releasing new analyses identifying federally endangered or threatened (listed) species that it predicts face the greatest risks from clothianidin, imidacloprid, and thiamethoxam, part of a group of insecticides known as neonicotinoids used on a variety of crops, turf, and ornamentals, and for other residential and commercial indoor and outdoor uses. While these types of analyses—which predict which species could be at jeopardy and which critical habitats could face adverse modification from the use of these pesticides—have not historically been part of EPA’s Endangered Species Act (ESA) assessments, EPA has recently conducted some of these analyses in order to expedite ESA consultations with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services). The analyses will also help EPA and the Services prioritize mitigation measures for the highest risk species. These analyses were completed as part of EPA’s efforts to meet its obligations under the ESA and furthers the goals outlined in EPA’s April 2022 ESA Workplan to provide practical protections for listed species from pesticides.

EPA finalized biological evaluations (BEs) for clothianidin, imidacloprid, and thiamethoxam in June 2022. The BE is EPA’s determination of whether the continued registration of these insecticides will have an effect on each listed species or its designated critical habitat. When EPA makes a “may affect” determination, the Agency also determines if continued registration will likely adversely affect (LAA) or not likely adversely affect (NLAA) a listed species or critical habitat.

In the final BEs, the Agency made numerous LAA determinations. An LAA determination means that EPA reasonably expects that at least one individual of any listed species may be exposed to a chemical at a sufficient level to have an adverse effect. This is the case even if a listed species is almost recovered to a point where it may no longer need to be listed. The likely “take,” which includes unintentional harm or death, of even one individual of a species, is enough to trigger such a determination. As a result, there are often a high number of LAA determinations. An LAA determination, however, does not necessarily mean that a pesticide is putting a species in jeopardy.

Whenever EPA makes an LAA determination, the Agency consults with the Services, which will analyze whether those impacts rise to the level of jeopardizing the existence of the entire species or adversely modifying its critical habitat. The Services’ analysis is typically complex and time consuming. To help expedite this analysis, EPA in its BE has predicted whether each of the three pesticides could lead to a future jeopardy or adverse modification finding for each species or critical habitat with an LAA finding. Although EPA has made these predictions, the Services are responsible for making the actual jeopardy/adverse modification findings and have the sole authority to do so.

Below are the findings from the BEs and the new analyses on jeopardy and adverse modification (last two bullets). The BEs evaluated the effects of the three neonicotinoids on over 1,700 listed species and over 800 critical habitats in the United States.

Clothianidin

  • Will have no effect on 16% of species and 17% of critical habitats;
  • May affect but is not likely to adversely affect 20% of species and 27% of critical habitats;
  • Is likely to adversely affect but EPA predicts that use will not likely cause jeopardy to 55% of listed species or adversely modify 52% of critical habitats;
  • Is likely to adversely affect and EPA predicts that use may cause jeopardy to 9% of listed species and adversely modify 4% of critical habitats.

For more information on clothianidin, see https://www.epa.gov/endangered-species/final-national-level-listed-species-biological-evaluation-clothianidin.

Imidacloprid

  • Will have no effect on 15% of species and 13% of critical habitats;
  • May affect but is not likely to adversely affect 13% of species and 11% of critical habitats;
  • Is likely to adversely affect but EPA predicts that use will not likely cause jeopardy to 61% of listed species or adversely modify 73% of critical habitats;
  • Is likely to adversely affect and EPA predicts that use may cause jeopardy to 11% of listed species and adversely modify 3% of critical habitats.

For more information on imidacloprid, see https://www.epa.gov/endangered-species/final-national-level-listed-species-biological-evaluation-imidacloprid.

Thiamethoxam

  • Will have no effect on 15% of species and 13% of critical habitats;
  • May affect but is not likely to adversely affect 14% of species and 10% of critical habitats;
  • Is likely to adversely affect, but EPA predicts that use will not likely cause jeopardy to 60% of listed species or adversely modify 73% of critical habitats;
  • Is likely to adversely affect and EPA predicts that use may cause jeopardy to 11% of listed species and adversely modify 4% of critical habitats.

For more information on thiamethoxam, see https://www.epa.gov/endangered-species/final-national-level-listed-species-biological-evaluation-thiamethoxam.

Next Steps

These neonicotinoids are also currently undergoing registration review. Proposed Interim Decisions (PIDs) for these neonicotinoids were released in January 2020.

EPA anticipates releasing amended proposed interim decisions later this year that will include additional ecological mitigation measures to reduce neonicotinoid exposures for non-target organisms, including some listed species for which EPA has predicted that jeopardy is likely.

EPA expects to finalize these additional mitigation measures in interim decisions, which the Agency foresees releasing in 2024. EPA will inform the Services of any additional mitigations identified during registration review, which may be considered during formal consultation.

During formal consultation, the Services use EPA’s effects determinations and jeopardy/adverse modification predictions to inform their biological opinions, which will include their final determinations of jeopardy/adverse modification. Prior to issuing the final biological opinions, the Services will provide a draft opinion to EPA, which the Agency will share for public comment. EPA will summarize and provide all comments to the Services for consideration as they complete the final opinion.

Learn about the updated review schedule for neonicotinoid pesticides by visiting EPA’s website: Schedule for Review of Neonicotinoid Pesticides