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Pesticide Applicator's Guide to EPA & Endangered Species Act Changes

What's Changing with Pesticide Labels?

The Environmental Protection Agency (EPA) is making changes to pesticide labels to protect endangered species, following the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA). This means new requirements for you, the applicator.

Why the Changes?

A 2011 lawsuit highlighted that EPA wasn't fully meeting ESA requirements when registering pesticides. Now, EPA has a workplan to ensure protection of endangered species while maintaining pesticide access.

Key Agencies 

Pesticide Applicators: Expect Label Changes

Pesticide labels will have new instructions to reduce harm to endangered species. You may need to take extra steps before applying pesticides. These could include:

  • Mandatory Spray Drift Mitigation
    • Modified spray droplet sizes
    • Boom length adjustments
    • Increased buffer distances
    • Windbreaks
  • Mandatory Runoff and Erosion Mitigation
    • Meeting "mitigation points" based on location and land use.
  • Mandatory Measures to Protect Threatened and Endangered Species
    • Following Endangered Species Bulletins, which might restrict product use in certain areas.

Right now, these revisions will apply mainly to agricultural pesticide applications. These changes will eventually impact all pesticide applicators.  

Key Takeaway: Always read and follow the pesticide label instructions carefully before each application.
 

EPA's Strategies and Timeline

The EPA completed the ESA workplan in 2022. EPA is reviewing pesticide groups and creating strategies to protect species. 

Here's the EPA's timeline:

Informational Sessions

The Pesticide Registration team will host three virtual informational sessions to help pesticide applicators understand the changes. Each session will contain the same information and include a Question & Answer portion. Please register for the session most convenient for you. 

  • Monday, March 24 at 3:00 pm
  • Tuesday, March 25 at 1:00 pm
  • Wednesday, March 26 at 7:30 am

Register for the information session

A pesticide truck sprays an agricultural field

Colorado Listed Species

These plant species in Colorado are being scoped by EPA, and labels might have specific rules to protect them:

Species Common NameSpecies - Scientific NameStatusESA Strategy
Clay-Loving Wild BuckwheatEriogonum pelinophilumEndangeredHerbicide
Colorado Hookless CactusSclerocactus glaucusThreatenedHerbicide
DeBeque phaceliaPhacelia submuticaThreatenedHerbicide
Mesa Verde CactusSclerocactus mesae-verdaeThreatenedHerbicide
Ute ladies'-tressesSpiranthes diluvialisThreatenedHerbicide

 

Only federally threatened and federally endangered species will be impacted by this change. You can find a list of Colorado's threatened and endangered species on the Colorado Parks and Wildlife website. Species listed as “state endangered,” “state threatened,” or “state special concern” are not included in EPA’s scope. 

Important Resources

Contact Us

If you have additional questions about this change, please contact Mira McBroome