EPA Releases Final Guidance for New Pesticide Applications and Registration Review Activities That Require Endangered Species Act Reviews

Lexology
2023.09.14

On September 14, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of final 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. EPA states this guidance 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.

PRIA 5 mandates that EPA develop and issue guidance to registrants on analyses EPA needs to evaluate the 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 PRIA 5 specifies that the draft guidance be available for public comment and be issued in final within nine months of PRIA 5 enactment.

EPA held a comment period on the draft guidance from May 16 to June 16, 2023, and received 20 comments from stakeholders, including pesticide registrants, commodity groups, and environmental organizations.

Read more here.