Endangered Species Act Workplan Update: https://www.epa.gov/system/files/documents/2022-11/esa-workplan-update.pdf
The EPA is seeking comments on the Endangered Species Act (ESA) Workplan Update. Proposed changes to pesticide labeling are found in the appendix beginning on page 21, which is where feedback to questions asked is being solicited.
The example label language in the table on page 28 has fourteen MITIGATION measures listed that would apply to both surface water runoff and soil erosion mitigation. Depending on the product being applied, a grower will have to pick at least one (likely more) and have it in place to legally apply the product. The mitigation measures are long term measures a grower will need to implement and maintain on their farms. They are not something that can be thought about after a pest problem is noticed.
As you read through the descriptions of the 14 measures (pages 29-37), consider whether growers have at least some in place already or if there will be problems. Note the size requirements of the different measures and consider smaller and/or specialty farms. Also comment if there are measures that farmers are already taking that should be added to the pick list.
There are also changes to prevent drift outlined by application method in the tables on pages 41-46 and changes to how pesticide treated seeds are handles and disposed of (by burying) explained in section 6 and pollinator stewardship in section 7.
These new requirements will start appearing on all pesticide labels and it sounds like the rollout will be as quick as possible. This is the time to communicate to EPA about any problems these requirements might pose in specific cropping systems.
Comments due by 1/30/23 here: https://www.regulations.gov/docket/EPA-HQ-OPP-2022-0908/document
Interim Ecological Mitigation #1: Surface Water Protection Statements and Conservation Measure Pick List to Reduce Ecological Risks from Surface Water, questions are as follows on page 24:
- Regarding the surface water protection statements, are there additional criteria for proposing mitigation that EPA should consider?
- Are the descriptions of the pick list mitigation measures in Section 4 clear? If not, please suggest alternative language.
- Are there other measures that are effective in controlling dissolved runoff that should be included in the pick list? Please include supporting data with any suggestions.
Interim Ecological Mitigation #2: Surface Water Protection Statement and Conservation Measure Pick List to Reduce Ecological Risks from Soil Erosion, questions are as follows on page 27:
- Are the descriptions of the pick list mitigation measures in Section 4 clear?
- Are there other measures that are effective in controlling erosion that should be considered?
- Although artificial mulches are commonly used in agriculture, EPA is limiting mulches to natural materials. Should EPA also consider artificial mulches as a pick list measure?
- If so, to what extent do artificial mulches reduce erosion? Please provide references for supporting data.