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Department of Pesticide Regulation Update of Regulatory Issues. California Association of Standards & Agricultural Professionals Conference Charles M. Andrews Associate Director Pesticide Programs Division January 17, 2009. Overview of Discussion. Pesticide Issues in California

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department of pesticide regulation update of regulatory issues

Department of Pesticide Regulation Update of Regulatory Issues

California Association of Standards & Agricultural Professionals Conference

Charles M. Andrews

Associate Director

Pesticide Programs Division

January 17, 2009

overview of discussion
Overview of Discussion
  • Pesticide Issues in California
    • Fumigants and Worker Safety
    • Surface Water Contaminants
    • Volatile Organic Compounds (VOC)
    • Pesticide Toxicity to Bees
  • Overview of Reevaluation
    • What is reevaluation
    • When does DPR initiate a reevaluation?
    • Possible Outcomes of a Reevaluation
overview of discussion continued
Overview of Discussion - continued
  • Current Pesticides in Reevaluation
    • Surface water contaminants
    • Fumigants
  • Pesticides Under Investigation
  • Regulations/Mitigation Under Development
    • VOC III
    • Notification and Early Entry
    • MITC (Metam Sodium)
pesticide issues in california
Pesticide Issues in California
  • Fumigants and Worker Safety
    • MITC Mitigation
    • Iodomethane Risk Assessment and Registration Decision
    • Chloropicrin – Under Consideration as a Toxic Air Contaminant
    • Notification and Early Entry Regulations
pesticide issues in california1
Pesticide Issues in California
  • Iodomethane Risk Assessment and Registration Decision
    • Risk assessment under development
    • Registration decision projected in 4th quarter of 2009
    • Highly toxic and may require additional mitigation similar to methyl bromide
    • Legislative interest to register products
pesticide issues in california2
Pesticide Issues in California
  • Chloropicrin – Under Consideration as a Toxic Air Contaminant
    • Risk assessment under development
    • Public Hearing scheduled this Winter
    • Highly toxic and may require additional mitigation
pesticide issues in california3
Pesticide Issues in California
  • Surface Water Contaminants
    • Chlorpyrifos
    • Diazinon
    • Pyrethroids
    • Fipronil
  • Volatile Organic Compounds
    • Soil fumigants
    • Emulsifiable concentrate formulated products
pesticide issues in california4
Pesticide Issues in California
  • Pesticide Toxicity to Honey Bees
    • Imidacloprid
    • Neonicotinoids
pesticide issues in california5
Pesticide Issues in California

How do we address these issues?

  • Adopt known mitigation approaches
  • Develop new approaches to mitigate the problem
  • Request additional data to evaluate problem and find solutions (e.g., Reevaluation)
what is reevaluation
What is Reevaluation?
  • Reevaluation is a tool DPR utilizes to require registrants to submit information/data
    • Determine the nature/extent of a hazard
    • Mitigate hazards
when does dpr initiate a reevaluation
When does DPR initiate a reevaluation?
  • Initiation of a Reevaluation
    • Investigate all information indicating that a pesticide “may have caused” or is “likely to cause” an adverse effect.
    • Information may come from numerous sources.
    • If DPR determines that a pesticide “has caused” or is “likely to cause” a significant adverse effect, reevaluation is initiated.
reevaluation
Reevaluation
  • DPR may require registrants to provide data.
  • DPR may require registrants to develop mitigation measures.
  • Status of reevaluation included in semi-annual report.
  • DPR may cancel products due to registrant’s failure to provide data.
possible reevaluation outcomes
Possible Reevaluation Outcomes
  • No further mitigation measures needed.
  • Mitigation measures needed:
    • Regulation
    • Permit Conditions
    • Label Amendments
  • Adverse effect cannot be mitigated; pesticide product(s) must be canceled.
chlorpyrifos and diazinon reevaluations
Chlorpyrifos and Diazinon Reevaluations
  • Initiated based on water quality monitoring data showing exceedances (Total Maximum Daily Load).
  • Chlorpyrifos labeling established nationally to mitigate off-site movement. Monitoring being conducted in the Delta and San Joaquin watersheds.
  • Diazinon supplemental labeling established in California to mitigate off-site movement. Monitoring being conducted for dormant spray season.
pyrethroid reevaluation
Pyrethroid Reevaluation
  • Pyrethroids, a class of insecticides, widely used in both agricultural and urban settings.
  • In August 2006, DPR placed over 600 products containing at least one of 20 different pyrethroid active ingredients into reevaluation.
    • Based on toxicity to sediment dwelling organisms in agricultural and urban waterways.
pyrethroid reevaluation1
Pyrethroid Reevaluation

Class Grouping

  • Group I: first generation photosensitive pyrethroids, typically used indoors and around residential areas.
  • Group II & Group III: second generation environmentally persistent pyrethroids widely used in urban and agricultural settings.
pyrethroid reevaluation2
Pyrethroid Reevaluation

Data Requirements

  • Develop a sediment analytical method.
  • Environmental fate studies(Groups I, III).
  • Sediment acute and chronic toxicity(Groups II, III).
  • Soil metabolism studies(Groups I, II, III).
  • Studies to characterize off-site movement(Group III).
soil fumigant reevaluation
Soil Fumigant Reevaluation
  • Many pesticide active and inert ingredients are Volatile organic compounds or VOCs.
  • VOCs and nitrogen oxides react with sunlight to form ozone, a major air pollutant.
  • State Implementation Plan (SIP) to achieve ozone standard requires DPR to:
    • Develop and maintain an inventory to track pesticide VOC emissions from agricultural and structural applications
    • Implement regulations by 1/26/08 to achieve 20% reduction from 1991 in five nonattainment areas
method to estimate pesticide voc emissions
Method to estimate pesticide VOC emissions
  • VOC emissions from non-fumigant pesticides are based on worst-case lab data or TGA data (thermogravimetric analysis data).

Emission of liquid products = amount of product x emission potential (VOC content)

  • Historically, VOC emissions from fumigants assumed to be 100% of applied fumigant.
method to estimate fumigant voc emissions
Method to estimate fumigant VOC emissions
  • January 2008, DPR adopted regulations assigning estimated VOC emission to specific fumigant application methods.
  • DPR needs field monitoring data to confirm fumigant VOC emissions
  • DPR is requiring data to better estimate emissions
pesticides under investigation fipronil
Pesticides Under Investigation: Fipronil
  • Preliminary studies show potential for water quality concerns based on the active ingredient and its breakdown products.
  • The product is highly toxic to all aquatic life.
  • The product and its metabolites are very stable.
  • These characteristics are shared by older active ingredients no longer in use.
pesticides under investigation imidacloprid
Pesticides Under Investigation: Imidacloprid
  • DPR received an adverse effects disclosure regarding the active ingredient imidacloprid.
  • DPR’s evaluation of the data noted several critical findings
    • Imidacloprid is toxic to honey bees
    • High levels of imidacloprid in leaves and blossoms of treated plants
    • Increases in residue levels over time.
pesticides under investigation imidacloprid1
Pesticides Under Investigation: Imidacloprid
  • Residues in some plants measured higher than 4 parts per million (ppm).
  • After application, remained stable in some cases for more than 500 days after treatment.
  • DPR estimates the lethal concentration of imidacloprid needed to kill 50 percent of a test population (LC50) of honey bees is 185 ppb.
pesticides under investigation imidacloprid2
Pesticides Under Investigation: Imidacloprid
  • Imidacloprid and other similar classes of pesticides are under investigation to determine the impacts on honey bees
  • Coordinating our investigation with U.S. EPA
  • Minimal data to determine impacts on various crops
regulations under development voc regulations
Regulations Under Development: VOC Regulations
  • DPR proposing regulations to change the benchmark for regulating VOC emissions in the San Joaquin Valley
    • Changes from 20% to 12% to be consistent with the 1994 SIP
    • Postpones the allowance system to regulate VOC emissions in all non-attainment areas but Ventura
proposed sip changes in the san joaquin valley
Proposed SIP Changes in the San Joaquin Valley
  • Changes from 20% to 12% to be consistent with the 1994 SIP
  • Establishes a cap of 18.1 tons per day
  • Commitment to use current technology for estimating future emission inventories
  • Requires DPR to place restrictions on fumigants and non-fumigants to meet the 18.1 tons per day cap
regulations under development notification and early entry
Regulations Under Development: Notification and Early Entry
  • Performance-based regulation
  • Grower and contractor responsible for ensuring workers are notified
  • Flexibility for pest control operator to schedule and make an application
  • Grower must manage property to ensure workers don’t enter treated field
regulations under development notification and early entry1
Regulations Under Development: Notification and Early Entry
  • Established requirements for notification after an application has been completed
  • Minor changes to application-specific information requirement
  • Adds early entry provisions that EPA established (no contact, limited contact provisions)
  • Clarifies training and information that must be provided to early entry workers
mitigation under development
Mitigation Under Development
  • MITC mitigation under development to address off-site exposures to bystanders
  • Buffer zones developed for sprinkler, shank, drip, flood, rototiller, and dazomet applications
  • Working with U.S. EPA on proposal
  • Proposal should be available for comment in Winter 2009
challenges
Challenges
  • Development of mitigation measures to address fumigants, VOCs, and pollutants in surface water are new challenges that are more complex than traditional mitigation measures
  • Modeling and other scientific tools are being used to develop a program
challenges and partnerships
Challenges and Partnerships
  • We are challenged with developing and demonstrating effective mitigation measures.
  • Critical to coordinate with other agencies and county agricultural commissioners
  • Commissioner staff have the knowledge and experience to assist DPR in solving these problems
questions
Questions?

Chuck Andrews, Associate Director

<candrews@cdpr.ca.gov>

CDPR Web site

<www.cdpr.ca.gov>