EPA Releases Proposed Guidance for Antimicrobial Pesticides that Require Endangered Species Act Reviews

Released on December 2, 2024

The U.S. Environmental Protection Agency (EPA) is releasing a proposed guidance document for antimicrobial pesticide registrants. The proposed guidance is intended to improve the efficiency of Endangered Species Act (ESA) considerations for new active ingredient, new use, and registration review actions for antimicrobial pesticides. This guidance, when finalized, 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. Although this document does not create new requirements for applicants, the recommendations in the guidance will help applicants address potential effects to listed species.

PRIA 5 specifies that the proposed guidance for antimicrobial pesticides be available for public comment and be finalized within 3 years of PRIA 5’s issuance in December 2022. Among other requirements, PRIA 5 mandates that EPA develop and issue guidance to registrants regarding analyses necessary to support the evaluation of potential adverse effects from new outdoor uses of pesticide products on listed species and designated critical habitat. While PRIA 5 focuses on outdoor uses, this guidance addresses all antimicrobial pesticide uses—including indoor uses—with the potential for exposures to listed species and designated critical habitat (e.g., antimicrobial pesticides used to treat water in industrial settings that are released directly into surface water). The recommendations focus on actions that applicants can voluntarily pursue to inform their proposed mitigation measures for listed species. These actions include identifying where a pesticide will be used, how species may be exposed to the pesticide, and how to select mitigation to reduce the exposure. Additional guidance is available for new active ingredients or registration review decisions of products with one or more outdoor uses for conventional pesticides and biopesticides and new uses of existing conventional pesticides and biopesticides that are intended for outdoor use, which was developed in response to the PRIA 5 requirement.

The proposed guidance is available for public comment at regulations.gov in docket EPA-HQ-OPP-2023-0281 for 30 days.