EPA Publishes Update on Vulnerable Species Pilot

Released on November 22, 2023

The U.S. Environmental Protection Agency (EPA) is releasing an update to its Vulnerable Species Pilot (VSP) to help the public better understand the status of this initiative. As part of implementing the Agency’s Endangered Species Act (ESA) Workplan, EPA released the Draft VSP white paper on June 22, 2023, where the Agency identified 27 federally threatened and endangered (listed) species that are vulnerable to pesticides, identified and proposed mitigations to minimize or avoid pesticide exposure, and described an approach to implement the mitigation in future pesticide decisions. EPA provided a 45-day public comment period on the draft white paper and the associated technical document and received more than 10,000 comments from a diverse set of groups. Approximately 200 of these were unique comments, with the remainder being a mail-in campaign in support of the VSP. EPA has been evaluating the public comments and determining next steps. The Agency previously committed to provide updates on whether it expects to revise the proposed mitigations and include additional measures in the pilot after consideration of public comments. EPA is meeting that commitment through today’s update and expects to make some revisions to the VSP framework based on the public comments, which will also inform how EPA implements the VSP. The following summarizes EPA’s current thinking on revisions to the VSP framework:

• Narrow the areas within the endangered species range map to only include locations that are important to conserving a species.
• Clarify the scope of the VSP for non-agricultural uses;
• Clarify potential exemptions to the proposed mitigation and whether additional exemptions are needed;
• Revise some of the proposed mitigation and include additional mitigation options specific to non-agricultural uses and specialty crops;
• Revisit how EPA selected the pilot vulnerable species; and
• Develop a consistent approach to reduce pesticide exposure to listed species from spray drift and run-off.

The document being released today provides additional detail on the major themes in the public comments and potential changes to proposed mitigations. The VSP itself does not change any individual pesticide mitigation measure because it is only a framework for how the Agency intends to include those measures as part of its registration and registration review processes (which also offer opportunities for stakeholder input). EPA recognizes that the VSP proposal represents a new approach, which has and will continue to benefit from stakeholder engagement. EPA appreciates the thoughtful comments from multiple stakeholders on the proposed VSP and other ESA efforts. To be responsive to the comments and to arrive at practical mitigation measures, EPA is issuing this update. EPA continues to consider the public comments, meet with stakeholders, and collaborate with the U.S. Fish and Wildlife Service (FWS), the U.S. Department of Agriculture (USDA), and state agencies. By fall 2024, EPA intends to provide additional updates on the VSP.

The full update, along with additional details regarding the project and mitigation proposals, are available in the public docket EPA-HQ-OPP-2023-0327 at regulations.gov, and on  EPA’s website.