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Restricted Materials and Permitting Training. 2006-2007. Introduction. Volume #3 of the Pesticide Use Enforcement Program Standards Compendium The content of this volume supersedes any previous policy or direction on this subject

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Introduction
Introduction

  • Volume #3 of the Pesticide Use Enforcement Program Standards Compendium

  • The content of this volume supersedes any previous policy or direction on this subject

  • Will be the standard against which county programs are evaluated

  • CAC may deviate from these procedures provided the deviation doesn’t impact CAC PUE Program or DPR statewide Enforcement Program Oversight


Manual chapters
Manual Chapters

  • California’s Restricted Materials Permitting Program

  • Restricted Use Pesticides and Restricted Materials

  • Environmental Impact Report Functional Equivalency

  • Private Applicator Certification

  • Permits and Exemptions

  • Permit Requirements

  • Permit Evaluations

  • (Pre-Application) Site Evaluations

  • Grounds for Refusal, Revocation, and Suspension

  • Due Process Related To Permits

  • County Agricultural Commissioner’s Permit Review

  • Appeals to the Director for Additional Review


Changes to restricted materials permitting policy
Changes to Restricted Materials Permitting Policy

  • Chapter 6—Permit Requirements (also see Appendix subsection C.6.1 on commodity fumigation)

  • Chapter 7—Permit Evaluations

  • Chapter 10—Due Process Related to Permits

  • Appendix C—Recommended Permit Conditions


History and background leading to the restricted materials permit program
History and Background Leading to the Restricted Materials Permit Program

  • 1970 - CEQA (California Environmental Quality Act)

  • 1976 - Attorney General Decision: County Restricted Materials Permitting (RMP) falls under CEQA

  • 1979 - Functional equivalency

  • 2001 - Challenged

  • 2005 - Resolved

RMP manual page 1-1


Ceqa scope
CEQA SCOPE Permit Program

  • Does not cover private projects

  • Covers:

    • Government projects

    • Government financed projects

    • Government approved projects


Functional equivalency
Functional Equivalency Permit Program

  • Part of CEQA from the start

  • Amended by Chap 308 statute of 1978 (AB 3765)

  • 3 key points of program:

    • Document local environmental impacts

    • Consider mitigation or alternatives

    • Consult with local agencies


NOT: Permit Program CEQA Functional Equivalency

BUT: EIR Functional Equivalency

5 & 7 Chapters do apply to permits

(Note Chapter 5, authority to require information)


Definition of non agricultural use
Definition of Non-Agricultural Use Permit Program

  • Non-agricultural use: Includes the sale or use of pesticides in properly labeled packages or containers which are intended for any of the following:

    • Home use (includes residential) labels with directions in “per square feet”

    • Use in structural pest control (no agricultural commodity involved)

    • Industrial or institutional use

    • The control of an animal pest under the written prescription of a veterinarian

    • Local districts or other public agencies which have entered into and operate under a DHS cooperative agreement


Definition of agricultural use
Definition of Agricultural Use Permit Program

  • Production Ag. Use: Any use to produce a plant or animal agricultural product (food, feed, ornamental, or forest) that will be distributed in the channels of trade


Examples of variable use classification
Examples of Variable Use Classification Permit Program

  • A tree

  • Milk handling equipment

  • Ag product fumigation

  • Swimming pool


Classify the following production ag or non production ag
Classify the Following: Permit ProgramProduction Ag or Non-Production Ag

  • Apiaries

  • Cemeteries

  • Aquaculture

  • Field packing

  • Ditch banks

  • Farm roads

  • Christmas trees

  • Lakes, rivers, and streams


Rups and rms
RUPs and RMs Permit Program

  • RUP=Restricted Use Pesticides (Federal)

    • Potential to cause unreasonable adverse effects on human health or the environment

  • RM=Restricted Material (California)

    • Can impair human health or pose hazards to the environment

    • Includes all RUPs, section 18s, dusts (>25 pound containers), section 6800(a) listed (ground water protection), section 6400(e)

RMP manual page 2-1


Pesticides exempt from permit
Pesticides Exempt from Permit Permit Program

  • Exempt materials (FAC 14006.7)

  • RUPs—unless listed in 6400(e)

  • Antifouling and tributyltin paints

  • Research authorizations

  • Certain ground water protection pesticides

RMP manual page 5-1


Persons exempt from permit
Persons Exempt From Permit Permit Program

  • Registrants and manufacturers

  • Dealers

  • Structural businesses

  • Commercial warehouses

  • Common carriers


Permits for rups and non restricted pesticides
Permits for RUPs and Permit ProgramNon-Restricted Pesticides

  • CAC has authority to require permit for any use of a RUP or agricultural use of a non-restricted pesticide (FAC 14006.6)

  • Must make determination that pesticide cannot be used under local conditions without presenting an undue hazard

  • Determination is permanent until cancelled, unless limited by sunset clause


Step # 1 Permit Program

Step # 2

Step # 3

Step # 4

Step # 5

Step # 6

Step # 7


Step 1 hazard identification

More than one hazard per pesticide Permit Program

Tools available:

Pesticide labeling

DPR Risk Characterization

3 CCR section 6432

DPR recommended permit conditions

Step #1: Hazard Identification

RMP manual page 7-2


Step 2 sensitive sites identification

Can people or the environment be adversely impacted from the pesticide application runoff, leaching and off-site movement?

Sensitive site may vary based on the specific hazard of the particular pesticide

3 CCR 6438 requires permit applicant must include sensitive sites in the permit application

Step #2: Sensitive Sites Identification


Step 2 fac section 14006 5 requirements
Step #2: FAC Section 14006.5 Requirements pesticide application runoff, leaching and off-site movement?

  • CAC staff to consider

    • Sensitive areas: schools, dwelling etc….

    • Heterogeneous crops

    • Resurgence of secondary pest problems

    • Weather

    • Bees

    • Storage and disposal


Step 3 likelihood of adverse impact

If a sensitive area exists, presume that there is a likelihood of substantial adverse impact on the environment

Step #3: Likelihood of Adverse Impact

RMP manual page 7-3


Step 4 existing mitigation

Do regulations or label adequately mitigate the hazard? likelihood of substantial adverse impact on the environment

Specific buffer distances may be cited in the regulations

If not, judgment must be used

Step #4: Existing Mitigation


Step 5a additional mitigation

Permit applicant/PCA must consider mitigation measures likelihood of substantial adverse impact on the environment

Ask applicant to identify the mitigation measures and document response

If applicant did not consider mitigation measures, refuse to issue permit

3 CCR section 6426

Step #5A: Additional Mitigation


Step 5b additional mitigation
Step #5B: Additional Mitigation likelihood of substantial adverse impact on the environment

  • If unmitigated hazards remain:

    • DPR recommended permit conditions

    • County permit conditions

  • 3 CCR section 6432


Step 5 permit conditions
Step #5: Permit Conditions likelihood of substantial adverse impact on the environment

  • Appendix C

    • General Drift Minimization

    • 1,3-Dichloropropene

    • Carbofuran

    • Ground Water Protection Alternatives

    • Metam Products

    • MeBr & Sulfuryl Fluoride

    • Rice Pesticides

    • DEF, tribufos

RMP manual page C.1


Step 6a alternatives

Permit applicant/PCA must consider alternatives likelihood of substantial adverse impact on the environment

Ask applicant to identify alternatives and document response

If applicant did not consider alternatives, refuse to issue permit

3 CCR section 6426

Step #6A: Alternatives

RMP manual page 7-4


Step 6b alternatives

If hazards cannot be mitigated: likelihood of substantial adverse impact on the environment

CAC must consider alternatives

If feasible alternatives exist, deny permit

3 CCR section 6432

Step #6B: Alternatives

RMP manual page 7-4


Step 7 benefit analysis
Step #7: Benefit Analysis likelihood of substantial adverse impact on the environment

  • Serious uncontrollable adverse environmental effects with no feasible alternatives:

    • Consult with EBL

    • May issue permit only if benefit gained from the use is greater than the risk to the public or environment

RMP manual page 7-5


Permit evaluation
Permit Evaluation likelihood of substantial adverse impact on the environment

  • Initiated with the RMP application

  • Continues with the CAC’s review of each NOI

  • CAC’s NOI review and acceptance or denial signals the completion of the evaluation process

  • CAC is responsible for knowing local conditions and utilizing that knowledge


Reviewing and evaluating the noi
Reviewing and Evaluating the NOI likelihood of substantial adverse impact on the environment

  • NOI provides specific and critical information not available when RMP was issued

  • The property operator is responsible for assuring the NOI is submitted

  • NOI is part of the permit

RMP manual page 7-12


Reviewing the noi
Reviewing the NOI likelihood of substantial adverse impact on the environment

  • CAC will review NOI and make sure:

    • Location matches permit locations

    • Permit requirements from 3 CCR 6428 (g-i) are included

    • Environmental conditions have not changed


Evaluating the noi
Evaluating the NOI likelihood of substantial adverse impact on the environment

  • CAC must review all NOI’s prior to the application:

    • Compare the NOI against the permit

    • Review proposed application

    • Review maps for accuracy


Handling permit refusal
Handling Permit Refusal likelihood of substantial adverse impact on the environment

  • Grounds and time frames:

    • Based upon violations

      • Outstanding fines

    • Based upon permit evaluation

    • Based upon FAC section 14006.5

    • Pesticide is not registered for the site

    • Label and regulatoryrequirements cannotbe met

RMP manual page 9-1


Handling permit refusal due process
Handling Permit Refusal: Due Process likelihood of substantial adverse impact on the environment

  • CAC shall inform the permittee in writing

  • Written Notice of Proposed Action (NOPA) : “Notice and hearing”

  • If a hearing is set, it must be within 7 days

  • CAC decision issued within 10 days after the conclusion of the hearing

  • All permit refusals must be documented


Class exercise
Class Exercise likelihood of substantial adverse impact on the environment


Questions and Answers likelihood of substantial adverse impact on the environment


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