The U.S. Environmental Protection Agency (EPA) has released for public comment its draft Fungicide Strategy. Following the final Herbicide, Rodenticide (2024), and Insecticide (2025) strategies, the agency proposes a framework for assessing and mitigating the potential population-level impacts of conventional agricultural fungicides on more than 1,000 listed species across the conterminous United States. The EPA will host an informational virtual stakeholder event on May 20, 2026.
Three-Step Framework
The draft strategy uses the EPA’s established three-step framework, consistent with the Herbicide and Insecticide strategies.
In the first step, the EPA calculates the magnitude of difference—the ratio of estimated environmental concentration to a population-level toxicity threshold—and rates the potential for population-level impacts as “not likely,” “low,” “medium,” or “high.”
The second step identifies mitigation measures to reduce exposure from spray drift, runoff and erosion, and on-field dietary consumption, drawing from the EPA’s Mitigation Menu.
In the third step, the EPA assesses whether mitigation applies broadly or in geographically specific pesticide use limitation areas (PULAs), which are published through Bulletins Live! Two.
Scope and Coverage
The draft strategy focuses on agricultural uses of conventional fungicides, including broadcast sprays, soil treatments, treated seeds, and granular formulations. In 2022, approximately 41 million acres were treated with fungicides, indicating a more regionally concentrated footprint than herbicides (264 million acres) or insecticides (83 million acres). Nonagricultural uses and species under the National Marine Fisheries Service are outside the scope.
Key Developments
- On-Field Vertebrate Evaluation. For the first time, the EPA evaluates 11 listed terrestrial vertebrate species that may consume contaminated items on treated fields: greater sage-grouse, Gunnison sage-grouse, least Bell’s vireo, streaked horned lark, whooping crane, Florida bonneted bat, Indiana bat, riparian brush rabbit, Attwater’s greater prairie-chicken, Buena Vista Lake ornate shrew, and St. Andrew beach mouse. The EPA may impose application prohibitions, timing restrictions, or rate reductions in species-specific PULAs.
- Expanded Spray Drift Adjuvant Options. Oil emulsion adjuvant buffer reductions would extend to fungicides and insecticides, and guar gum would be added as a drift reduction adjuvant, with buffer reductions of up to 50% for ground applications.
- Seed Treatment Impacts. The Fungicide Strategy evaluates both runoff and erosion exposure from treated seeds as well as potential population-level impacts from on-field vertebrate consumption, introducing an exposure pathway not addressed in the Herbicide or Insecticide strategies.
- Broader Taxonomic Scope. The Fungicide Strategy evaluates impacts across taxonomic groups (birds, mammals, fish, reptiles, amphibians, plants, and invertebrates) and incorporates regional usage data to identify where mitigation may be required.
Mitigation Measures and Implementation
The EPA’s overlap analysis identified up to 260 listed species (85 vertebrates, 39 invertebrates, 136 plants) that may require mitigation, organized into 18 groups. Mitigation falls into three categories: (1) a points-based runoff/erosion system (cover crops, buffer strips, contour farming, etc.); (2) spray drift buffers reducible through adjuvants or coarser droplet sizes; and (3) on-field measures (timing restrictions, application prohibitions) for the 11 identified vertebrate species.
The EPA expects to finalize the strategy in November 2026 and apply it through Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registration and registration review actions. Broadly applicable mitigation would appear on product labeling, while species-specific measures would be communicated through PULAs on Bulletins Live! Two. The EPA does not intend to apply the strategy until relevant PULAs are available.
Comments Due by June 29, 2026
Comments may be submitted through the electronic rulemaking portal using Docket ID No. EPA-HQ-OPP-2026-2973. The EPA seeks stakeholder input on:
- Proposed Spray Drift Adjuvant Updates. The proposed updates to spray drift adjuvant buffer reductions.
- Seed Treatment Considerations. Considerations regarding seed treatments, including usage data, availability of pesticides on the seed coat to runoff, and farming practices that may reduce runoff from treated seeds.
- Exposure Likelihood for Listed Species. The likelihood that treated agricultural fields would expose the 11 listed terrestrial vertebrate species.
Implications and Recommended Actions
The draft strategy signals the type of mitigation the EPA is likely to require in future FIFRA actions. In addition to submitting comments, affected stakeholders should:
- Assess Product Portfolios. Identify which products contain conventional fungicide active ingredients and which agricultural uses may be affected.
- Evaluate Potential Mitigation Impacts. Review the Mitigation Menu and the PALM tool. Many growers may already have conservation practices satisfying some or all required mitigation points.
- Monitor Interaction With Prior Strategies. Tank mixes and multiproduct applications require compliance with the most restrictive measures across all applicable strategies.
If you have any questions, or would like additional information, please contact one of the attorneys on our Environment, Land Use & Natural Resources team.
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