[Pollinator] Fwd: EPA-USDA MOU

[Kelly Bills]

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EPA and USDA Sign Memorandum of Understanding to Help Protect Endangered
Species and Support Sustainable Agriculture

Earlier this week, the U.S. Environmental Protection Agency (EPA) and U.S.
Department of Agriculture (USDA) signed a memorandum of understanding (MOU)
to better align EPA’s strategies for protecting endangered species from
pesticides with USDA’s National Resources Conservation Service (NRCS)
practices. This coordination will help EPA meet its obligations under the
Endangered Species Act (ESA) while increasing flexibility for the
agricultural community and keeping safe, effective pest management tools in
farmers’ hands.

When registering pesticides under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA must also comply with the ESA to ensure
pesticides do not jeopardize endangered species or adversely modify their
designated critical habitats. In April 2022, EPA released its ESA Workplan,
which establishes strategies and actions to adopt those protections while
providing farmers, public health authorities, and others with continued
access to pesticides.

USDA’s NRCS helps farmers carry out voluntary conservation practices that
protect natural resources while growing the crops that feed our country.
These conservation practices help promote clean water and healthy soils and
make sure agricultural businesses and communities can thrive.

Many NRCS program conservation practices also reduce pesticide runoff,
benefiting endangered and other non-target species. On Feb. 6, 2023, EPA
signed an MOU with USDA describing how EPA can reference NRCS conservation
practices as one way that growers who voluntarily perform those practices
can meet pesticide label requirements. For example, one NRCS practice is to
use a vegetative strip, like a grass waterway or buffer strip, to absorb
runoff. If a grower were to use a vegetative strip, they may be able to
count it as a runoff control measure to meet relevant requirements on a
pesticide label.

NRCS practices and programs will not change as a result of this MOU.
Farmers will not be required to enroll in NRCS programs for existing
practices to count toward pesticide requirements or implement additional
conservation practices. Enrollment in NRCS programs remains voluntary as
does NRCS technical and financial assistance. NRCS standards will simply
serve as a mechanism to help growers comply with pesticide requirements.

EPA and USDA will work together to communicate to the public when pesticide
labeling, including websites, and related documents reference NRCS
practices.

Additionally, under this MOU EPA will:

   - Develop a guidance document that will explain to pesticide users which
   NRCS conservation practices can fulfill which pesticide labeling
   requirements.
   - Develop EPA’s mitigation menu website and other forms of communication
   that explain the relationship between NRCS practices and pesticide labeling
   requirements that reference NRCS conservation practices.

The activities described in the MOU respond directly to suggestions
received on EPA’s July 2023 draft herbicide strategy and are expected to
also apply to other ESA initiatives. Specifically, the MOU responds to
stakeholder suggestions to increase flexibility for growers on the types of
practices they can use to protect endangered species and to ensure some of
EPA’s proposed mitigation measures can more practically be implemented. The
MOU will also allow farmers to receive credit for all the benefits of NRCS
practices, including reducing the off-site movement of pesticides.

EPA and USDA also agreed to joint outreach to hear stakeholders’ views on
these issues and how the federal government can help with implementation
once requirements stemming from EPA’s ESA initiatives are adopted. EPA and
USDA are planning several stakeholder engagements in the next few months
and will share details in the coming weeks.






-- 

Kelly Bills *(she/her)*

Executive Director

Pollinator Partnership

*kelly at pollinator.org <kelly at pollinator.org>* | 585.255.0962

San Francisco, California


hq: 600 Montgomery Street, Ste 440 | San Francisco, CA 94111

pollinator.org | 415.362.1137
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