Proposed or New Rules, Policies, and Guidance Affecting Agriculture

Rules, Policies, and Guidance of Interest to the Agricultural Community:

Below are rules, policies, and documents that EPA is proposing and has opened for public comment; for which the comment period has closed; or that have been published as final. Comments are solicited from the public before EPA issues final versions.

Initiated Rulemaking

EPA has no initiated rulemaking related to the agriculture community at this time.

Public Comment Period Open

EPA has no proposed rules related to the agriculture community open for comment at this time.

Public Comment Period Closed

Pesticides: Agricultural Worker Protection Standard; Reconsideration of the Application Exclusion Zone Amendments (Comment period closed May 12, 2023) - The Environmental Protection Agency (EPA) is proposing to reinstate certain requirements that were amended in 2020 regarding the application exclusion zone (AEZ) requirements of the Agricultural Worker Protection Standard (WPS). EPA has reconsidered the amended AEZ requirements and has determined that several aspects of the AEZ provisions, such as those regarding the applicability of the AEZ and distance determination criteria, should be revised to reinstate previous requirements that are protective of public health and to limit exposure for those who may be near ongoing pesticide applications.
Pesticides: Modification to the Minimum Risk Pesticide Listing Program and Other Exemptions under Federal Insecticide, Fungicide, and Rodenticide Act (Comment period closed July 7, 2021) - The Environmental Protection Agency (EPA) is soliciting public comments and suggestions about the petition process for exemptions regarding pesticides from registration and other requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), where the pesticides are determined to be of a character unnecessary to be subject to regulation under FIFRA. The Agency is considering streamlining the petition process and revisions to how the Agency evaluates the potential minimum risk active and inert substances, factors used in classes of exemptions, state implementation of the minimum risk program and the need for any future exemptions or modifications to current exemptions. EPA is also requesting comment on whether the Agency should consider amending existing exemptions or adding new classes of pesticidal substances for exemption, such as peat when used in septic filtration systems.

Final Rule Published

Pesticide Product Performance Data Requirements for Products Claiming Efficacy Against Certain Invertebrate Pests (Final Rule published April 15, 2022; Effective June 14, 2022) - The Environmental Protection Agency (EPA) is codifying product performance data requirements to support registration of pesticidal products claiming efficacy against three categories of invertebrate pests: Those identified to be of significant public health importance ( e.g., ticks, mosquitoes, cockroaches, etc.), wood-destroying insects ( e.g., termites), and certain invasive invertebrate species ( e.g., Asian longhorned beetle). The latter two categories are pests considered to be of significant economic or ecological importance. Product performance data (efficacy studies) document how well the pesticide performs the intended function, such as killing or repelling, against an invertebrate pest.
Tolerance Crop Grouping Program V (Final Rule published November 6, 2020; Effective January 5, 2021) - This final rule revises the current pesticide tolerance crop grouping regulations, which allow the establishment of tolerances for multiple related crops based on data from a representative set of crops. Specifically, the final rule revises one commodity definition, adds three new commodity definitions, and amends the current herbs and spices crop group currently provided in Crop Group 19. The crops in the current “Crop Group 19: Herbs and Spices Group” are separated into two new crop groups, “Crop Group 25: Herb Group” and “Crop Group 26: Spice Group” and additional commodities are added to Crop Groups 25 and 26. These revisions will increase the utility and benefit of the crop grouping system for producers and other stakeholders involved in commercial agriculture. This is the fifth in a series of planned crop group updates.
Pesticides; Agricultural Worker Protection Standard; Revision of the Application Exclusion Zone Requirements (Final Rule published October 30, 2020; Effective December 29, 2020) - EPA is finalizing revisions to the Agricultural Worker Protection Standard (WPS) to clarify and simplify the application exclusion zone (AEZ) requirements. This rulemaking is responsive to feedback received from stakeholders and the Agency's efforts to reduce regulatory burden, while providing the necessary protections for agricultural workers and the public. EPA remains committed to ensuring the protection of workers and persons in areas where pesticide applications are taking place. The AEZ and no contact provisions aim to ensure such protections. EPA also has a strong interest in promulgating regulations that are enforceable, clear, and effective.
The Navigable Waters Protection Rule: Definition of “Waters of the United States” (Final Rule published April 21, 2020; Effective June 22, 2020) - The Environmental Protection Agency and the Department of the Army are publishing a final rule defining the scope of waters federally regulated under the Clean Water Act. The Navigable Waters Protection Rule is the second step in a comprehensive, two-step process intended to review and revise the definition of “waters of the United States” consistent with the Executive Order signed on February 28, 2017, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.” Once effective, it replaces the rule published on October 22, 2019. This final rule implements the overall objective of the Clean Water Act to restore and maintain the integrity of the nation's waters by maintaining federal authority over those waters that Congress determined should be regulated by the Federal government under its Commerce Clause powers, while adhering to Congress' policy directive to preserve States' primary authority over land and water resources. This final definition increases the predictability and consistency of Clean Water Act programs by clarifying the scope of “waters of the United States” federally regulated under the Act.
National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates (Final Rule published February 12, 2019; Effective June 12, 2019) - The Environmental Protection Agency (EPA) is finalizing certain revisions to the National Pollutant Discharge Elimination System permitting regulations proposed on May 18, 2016. The final regulatory changes are minor and will improve and clarify the regulations in the following major categories: Regulatory definitions (“new discharger” and two definitions related to the discharge of pesticides from pesticides application); permit applications; and public notice. This final rule also updates the EPA contact information and web addresses for electronic databases, updates outdated references to best management practices guidance documents, and deletes a provision relating to best practicable waste treatment technology for publicly owned treatment works that is no longer applicable. The final revisions modernize the NPDES regulations, promote submission of complete permit applications, and clarify regulatory requirements to allow more timely development of NPDES permits that protect human health and the environment.
Emergency Release Notification Regulations: Air Emissions from Animal Waste at Farms; Emergency Planning and Community Right-to-Know Act (Final Rule published June 13, 2019; Effective July 15, 2019) EPA is amending the release notification regulations under the Emergency Planning and Community Right-to-Know Act (EPCRA) to add the reporting exemption for air emissions from animal waste at farms provided in section 103(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In addition, EPA is adding definitions of “animal waste” and “farm” to the EPCRA regulations to delineate the scope of this reporting exemption. This amendment maintains consistency between the emergency release notification requirements of EPCRA and CERCLA in accordance with the statutory text, framework and legislative history of EPCRA, and is consistent with the Agency's prior regulatory actions.
Pesticides; Certification of Pesticide Applicators (Final Rule published 01/04/2017; Effective May 22, 2018) EPA is developing a final rule to revise the federal regulations governing the certified pesticide applicator program (40 CFR part 171). In August 2015, EPA proposed revisions based on years of extensive stakeholder engagement and public meetings, to ensure that they adequately protect applicators, the public, and the environment from potential harm due to exposure to restricted use pesticides (RUPs). This action is intended to improve the training and awareness of certified applicators of RUPs and to increase protection for noncertified applicators of RUPs operating under the direct supervision of a certified applicator through enhanced pesticide safety training and standards for supervision of noncertified applicators.

Notice Published

Secretary of Agriculture; Pesticides; Exemptions of Certain Plant-Incorporated Protectants Derived from Newer Technologies (Notification of submission to the Secretary of Agriculture published May 9, 2023, Effective May 1, 2023) - This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) a draft regulatory document entitled “Pesticides; Exemptions of Certain Plant-Incorporated Protectants (PIPs) Derived from Newer Technologies; Final Rule.” The draft regulatory document is not available to the public until after it has been signed and made available by EPA.
Pesticides: Risk Management Approach to Identifying Options for Protecting the Monarch Butterfly (Comment Period closed August 24, 2015) - EPA is announcing the availability of a document for public review and comment that describes the Agency's management approach for understanding and identifying protections for the monarch butterfly. This document is the start of an approach for monarch butterfly protection and weed management which will depend upon (i) input from a diverse group of stakeholders to identify and integrate information with respect to influences on the population dynamics of the monarch butterfly and the milkweed plant; and, (ii) cooperation and collaboration from these diverse stakeholders to identify activities that will balance weed management needs across varied landscapes with conservation of the milkweed plant. EPA is soliciting public comment on which potential action or a combination of actions would be the most effective in reducing the impacts of herbicides on the monarch butterfly.