Contributed by Doug Finkelnburg, College of Agriculture and Life Sciences, University of Idaho
The Environmental Protection Agency (EPA) is implementing additional restrictions, Endangered Species Protection Bulletins, on pesticide applications in specific areas. “Bulletins set forth geographically specific pesticide use limitations for the protection of threatened and endangered (listed) species and their designated critical habitat.” These bulletins are accessible at EPA’s Bulletins Live! Two website. The regulation puts the responsibility on the applicator to check their product EPA registration and, “If your pesticide label directs you to this website, you are required to follow the pesticide use limitation(s) found on your label and in the Bulletins Live! Two system for your intended application area, pesticide product, and application month.”
At the Washington State University Weed Science Field Tour June 12, 2024, Dr. Ian Burke drew the audience’s attention to these new rules, pointing out that there are broader implications for our region than just an additional paperwork step involved in the process. Applicators will need to use the website to determine if they are applying to land within a Pesticide Use Limitation Area (PULA) and if so, will need to choose among a number of mitigation measures to comply with the new regulation. Among them are practices many will be familiar with, such as using reduced tillage or putting in vegetative buffer strips between field edges and waterways of concern. Other options include practices less familiar in this region such as use of cover crops and contour strip cropping. A closer look at mitigation options in development can be found in a Drift and Runoff Reduction Measures and Associated Points. It is important to note that the language used to date is not definitive and changes are still being made as of April 2024. Additional changes may occur.
Beyond understanding that this new regulation exists, there are practical implications of this roll-out that you need to be aware of and plan for accordingly. Here’s a quick take on these issues:
- A “Printable Bulletin” must be obtained prior to application of a product listed by EPA within a PULA. These can be obtained up to six months in advance of application – and will need to be renewed accordingly.
- Being an online only resource, internet connectivity is necessary to obtain a bulletin, so don’t wait until you are out of connectivity before trying to get one!
- From the EPA website “Bulletins Live! Two (BLT) works on most web formats, such as Google Chrome, Microsoft Edge, or Safari.” – However, users of other search engines (Firefox, DuckDuckGo!) may be out of luck accessing the site until additional updates are made.
- Also from the website, “EPA is looking into improving BLT compatibility with mobile devices (Tablets, Phones, etc.).” As of this writing, Apple phones are not able to interface with the website. Yet another reason to plan ahead.
For the majority of farmed acres in the Pacific Northwest (PNW), this rule change will have little impact as of the initial roll-out. However, if one digs in, they will note that multiple agencies are involved, including the EPA, United States Fish & Wildlife Service (USFW), and National Oceanic & Atmospheric Administration (NOAA). In the PNW, they appear to be focused on salmonids and waterway issues. At the least, it will have little broad impact until additional endangered or threatened species are included or the rules are changed. For those who farm ground within these PULAs, please be aware of the changes and take steps well in advance of planned applications to ensure you don’t get in a legal bind. As Dr. Burke cautioned the audience on the crop tour, you don’t want to be trying to navigate this for the first time in the late summer of 2024 from the back of an idling sprayer with your iPhone.
For additional information check out Dale Whaley’s March post on WSU’s Wheat and Small Grains website, the North Central Integrated Pest Management Center’s update, and Implementing EPA’s Workplan to Protect Endangered and Threatened Species from Pesticides: Pilot Projects.