New EPA Guidelines Unveiled for Submitting Pesticides for Outdoor Use, With Endangered Species Act Evaluations Mandatory in Certain Cases
The U.S. Environmental Protection Agency (EPA) has unveiled draft guidance aimed at streamlining the Endangered Species Act (ESA) analyses for conventional and biopesticide pesticide active ingredients. The announcement was made on September 21, 2023.
The draft guidance, open for public comment for a period of 15 days, is a response to the requirements outlined in the Pesticide Registration Improvement Act of 2022 (PRIA 5). It focuses on new uses of existing conventional pesticides and biopesticides intended for outdoor uses.
The public comment period for this draft guidance closed on March 12, 2025. This timeline aligns with EPA's efforts in 2024–2025 to update and streamline ESA compliance related to pesticides, consistent with PRIA 5 provisions and the agency’s broader ESA workplan initiatives.
The draft guidance aims to protect listed species from exposure to pesticides by providing recommendations on identifying where a pesticide will be used, how species may be exposed to the pesticide, and how to select mitigation to reduce the exposure.
It's important to note that the draft guidance does not create new requirements for applicants. Instead, it's expected to expedite the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) action and improve the efficiency of the overall ESA-FIFRA process.
For all other new uses, the EPA will still consider them on a case-by-case basis as consistent with the EPA ESA workplan. The information contained in this guidance is largely the same as that contained in the PRIA 5 guidance for new active ingredients and registration review.
The draft guidance applies to the first outdoor use of a registered active ingredient, new uses for active ingredients registered since the EPA's new active ingredient policy, and the first outdoor use of a registered active ingredient. It also applies to new uses of active ingredients where the EPA has already met its ESA obligations.
The recommendations in the guidance are voluntary for applicants and aim to inform proposed mitigation measures for listed species and designated critical habitat. The public can submit comments through docket EPA-HQ-OPP-2023-0281 at www.regulations.gov.
EPA and partners continue engaging stakeholders on related environmental regulatory updates, but no reopened public comment period for this particular pesticide ESA efficiency draft guidance has been announced. For more information, visit the EPA's website.
Science plays a crucial role in the draft guidance, as it offers recommendations based on environmental-science principles to protect listed species from exposure to pesticides in the health-and-wellness sector. This guidance, focused on conventional and biopesticide pesticide active ingredients, does not create new requirements for applicants but aims to expedite the approval process through the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), thereby improving the efficiency of the overall Endangered Species Act (ESA)-FIFRA process.
