The Endangered Species Act (ESA) was passed in 1973 to protect each plant and animal on the brink of extinction and the habitat that supports it. The Environmental Protection Agency (EPA) regulates the registration, labeling, and use of pesticides so that the ESA’s goals can be met while still allowing farmers and other applicators to control pests.
In recent years, EPA has begun implementing new strategies and embedding the ESA’s requirements directly into pesticide labels. Understanding and following these label changes is the most important thing an applicator can do to stay in compliance and protect the species that need it most.
Runoff Mitigation
Runoff is the main way that pesticides reach off-target habitats such as streams, ponds, or wetlands. Pesticides may now require mitigation points in their label, meaning that your fields must meet or exceed those mitigation points through a variety of practices. Most counties in Florida already have assigned mitigation relief points. If your county has three relief points and the pesticide label only requires two, you have already met the requirement. This language is commonly found on the label as Mandatory Runoff Mitigation. An example of this language on a label can be seen at the end of this post.
The EPA’s Mitigation Menu has more information regarding this and a calculator you can use to determine your field’s mitigation points.
Spray Drift Management
Drift control is not new to labels, but there is a different process related to endangered species. Much of the language that you have seen in the past (droplet size, buffer areas, wind restrictions) are likely to still be in place, but be on the lookout for “Ecological Buffer” language. These buffers will likely be dependent on the area surrounding where you treat. In many cases, this buffer can be reduced with application techniques or total spray area. If a label allows you to reduce this buffer area AND refers you to the EPA Mitigation Menu, then you can use the EPA’s Pesticide Label App for Mitigations (PALM) tool to reduce that buffer. This would all be found on the label under Mandatory Spray Drift Management.
Endangered Species Protection Bulletins
Going forward, pesticide labels may tell you to check the EPA’s online mapping tool, Bulletins Live! Two (BLT). The BLT system shows Pesticide Use Limitation Areas (PULAs) and restrictions that may apply to products in a geographic area or prescribed time window. If a bulletin applies to your field, that bulletin’s restrictions become part of the legal label of the product you’re using. The bulletin may require a minimum droplet size, a maximum boom height, a buffer distance, or other pesticide-use restrictions in that PULA. An example of this language on a label can be seen at the end of this post.
Bulletins may be checked up to 6 months in advance of an application. For more information on how to use this specific tool, check out Brett’s post on how to find a PULA!
Recap
- Read every line of the label. All the above requirements will become standard on all labels. If the label calls for a bulletin, you must check BLT.
- Use the Mitigation Menu and Runoff/Erosion PALM calculator to see the points you have or must add to meet a specific product’s requirements.
- Run the Spray Drift PALM calculator for buffer distance if the label requires spray drift mitigation.
- Keep a record to show you have done your due diligence and are compliant.
Although this seems like a lot of changes, one thing has not changed, the “Label is the Law”, we have just added to it. EPA’s label updates make pesticide use more mindful of endangered species. The website links that appear on a product label are treated as part of the legal label itself. The instructions on those pages carry the same authority as the printed wording. These steps help EPA meet its ESA mandate to protect species and their habitats while still allowing pesticides to be used.
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Examples of Label Language
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