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Restricted Materials Permitting. Pest Management Workshop Catheys Valley March 2, 2011. Restricted Materials Permitting. Summary of History Restricted Materials Permit CEQA Process – Restricted Materials Permit. Restricted Materials Permitting.

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Restricted materials permitting

Restricted Materials Permitting

Pest Management Workshop

Catheys Valley

March 2, 2011

Restricted materials permitting1
Restricted Materials Permitting

Summary of

  • History

    • Restricted Materials Permit

    • CEQA

  • Process – Restricted Materials Permit

Restricted materials permitting2
Restricted Materials Permitting

  • Why does one need to apply for a Restricted Material Permit (RMP)?


  • 1938 Imperial County restricted some pesticides

  • 1946 Injurious Herbicides and Injurious Materials

  • By the state as a result of 1,4-D drift on to grapes and cotton in the Central Valley

Ceqa california environmental quality act
CEQACalifornia Environmental Quality Act

  • Does not cover private projects

  • CEQA covers;

    • Government projects

    • Government financed projects

    • Government approved projects

History and background to the rmp program
History and background to the RMP program

  • 1970 CEQA (California Environmental Quality Act)

  • 1977 Attorney General Decision: County RMP program falls under CEQA

  • 1979 Functional Equivalency to a EIR (Environmental Impact Report)

  • 2001 Challenged

  • 2005 Resolved


Events leading to AB 3765

  • National Environmental Protection Act (NEPA)

  • California Environmental Quality Act (CEQA)

  • 1976 Attorney General’s Opinion

    • Restricted Material require an EIR (In many Instances)

  • 1977 Environment Assessment Team (EAT) formed

  • December 1977, EAT failed

  • 1978 CEQA amended by AB 3765 allows for “Functional Equivalent” of an EIR


AB 3765 Requirements

  • Plan addresses

    • Registration, evaluation, classification of pesticides

    • Licensing and registration of dealers, PCB’s, and PCA’s

    • Monitoring of pesticide use, human health and the environment


AB 3765 Requirements

  • EIR or negative declaration not required

  • Documentation of environmental impacts required

  • Mitigation measures required

  • Alternative materials required

  • July 1980, implemented

  • 1983 Toxic Air Contaminants Act

  • 1985 Groundwater Protection Act

Functional equivalency
Functional Equivalency

  • Part of CEQA

  • AB 3765

  • 3 key points of the program

    • Document local environmental impacts

    • Consider mitigation or alternatives

    • Consult with local agencies

Restricted materials and notice of intent process

Restricted Materials


Notice of Intent


Rup and rm

RUP – Restricted Use Pesticide


Certified Applicator

Potential to cause unreasonable adverse effects on human health of the environment

RM – restricted Materials


Can impair human health or pose hazards to the environment


RUP, Dust (>25 lbs), RM, sec 18’s, Ground Water Protection

RUP and RM

Rup s and non restricted pesticides
RUP’s and Non-Restricted Pesticides

  • CAC has authority to require a permit for a RUP or non-restricted pesticide

  • Must determine that a pesticide cannot be used under local conditions without presenting an undue hazard

  • Is permanent until cancelled, unless there is a sunset clause

Permit consideration process under functional equivalency
Permit Consideration Process Under Functional Equivalency

  • Hazard Identification

  • Sensitive Site Identification

  • Likelihood of adverse Impact

  • Existing Mitigation

  • Additional Mitigation

  • Alternatives

  • Benefit Analysis

    • benefit gained greater than the risk to the public or the environment

  • Permit Evaluation

    • NOI (Notice of Intent) review and acceptance or denial

  • Reviewing and Evaluating the NOI

Reviewing and evaluating the noi
Reviewing and Evaluating the NOI

  • The NOI provides specific information not available when the permit was issued

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

  • The NOI is part of the permit

Reviewing and evaluating the noi1
Reviewing and Evaluating the NOI

CAC will review the NOI to make sure

  • Location match those on the permit

  • Permit requirements are met (3CCR 6428 g –I)

  • Environmental Conditions have not changed

  • Compare the NOI against the permit

  • Review maps for accuracy

  • Review proposed application

440 ounces of pesticide went into this drainage ditch
440 ounces of pesticide wentinto this drainage ditch…


Questions? (RMP)?