Private Applicator Training Understanding Pesticide Law Theresa Schrum Plant Science Specialist, District 2 Montana Department of Agriculture

Objectives: Understanding the Laws  Federal Laws (EPA & USDA):  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)  The Federal Pesticide Recordkeeping Program (Farm Bill)  Worker Protection Standard (WPS)  State Laws:  Montana Pesticide Act & Administrative Rules (Dept. of Ag)  Pesticide General Permit (Dept. of Environmental Quality)

EPA: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)  ‘‘Private Applicator’’ means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator’s employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.  Certification: State-run programs approved by the EPA currently manage certification and training  Recordkeeping: Not required under FIFRA, but is under the USDA  Use/Misuse of Pesticides: "It is a violation of Federal law to use this product in a manner inconsistent with its labeling."

FIFRA (Cont.)  Use/Misuse of Pesticides: "It is a violation of Federal law to use this product in a manner inconsistent with its labeling.“ The Label is the Law!

USDA: Recordkeeping for RUPs: 1990 Farm Bill  The Information must be recorded within 14 days of the application.  Records must be kept for 2 years

USDA: Recordkeeping for RUPs (Cont.) * The Brand/Product/Trademark Name: Tordon 22K *The EPA Registration Number (EPA Reg. No.) found on the label: *The total quantity of concentrated pesticide applied: ounces, pints, quarts, gallons *The date of the pesticide application, including month, day, and year. *The location of the application. Not the address of the farm or business. County, range, township, or section; Plat IDs; Legal property description, as listed on the deed of trust or county/city records; GIS* or GPS Coordinates. *Crop, Commodity, Stored Product, or Site being treated. *Size of area treated: e.g. acres, linear feet, bushel, cubic feet, number of animals, etc. which is normally expressed on the label in reference to the application being made. *The name and certification number of the private applicator performing and/or supervising the application. *

USDA: Recordkeeping for RUPs (cont.) Spot Treatment Requirements:  If you apply restricted use pesticides on the same day in a total area of less than 1/10 of an acre  Date of application including month, day, and year.  Brand or product name.  EPA registration number.  Total amount of pesticide applied.  Location of the pesticide application, designated as "Spot application" and short description. (The spot treatment provision excludes greenhouse and nursery applications.)

Answers to Recordkeeping Story Problem 1.What is the Location?

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied?

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I.

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients?

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients? Picloram

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients? Picloram 4. Size of Area Treated?

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients? Picloram 4. Size of Area Treated? 1/10 Acre

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients? Picloram 4. Size of Area Treated? 1/10 Acre 5. Trade or Brand Name?

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients? Picloram 4. Size of Area Treated? 1/10 Acre 5. Trade or Brand Name? Tordon 22K

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients? Picloram 4. Size of Area Treated? 1/10 Acre 5. Trade or Brand Name? Tordon 22K 6. EPA Reg. No?

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients? Picloram 4. Size of Area Treated? 1/10 Acre 5. Trade or Brand Name? Tordon 22K 6. EPA Reg. No?

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients? Picloram 4. Size of Area Treated? 1/10 Acre 5. Trade or Brand Name? Tordon 22K 6. EPA Reg. No? Crop?

Answers to Recordkeeping Story Problem 1.What is the Location? Field #1 Spot Treatment 2. Total Amount Applied? 5 g of Solution/3.2 oz. of A.I. 3. Active Ingredients? Picloram 4. Size of Area Treated? 1/10 Acre 5. Trade or Brand Name? Tordon 22K 6. EPA Reg. No? Crop? Fencerow

EPA: Worker Protection Standard (WPS) Worker Protection Standard (WPS) is aimed at reducing the risk of pesticide poisoning and injury among agricultural workers and pesticide handlers. The WPS requires that owners and employers on agricultural establishments:  Provide protections to workers and handlers from potential pesticide exposure.  Train them about pesticide safety.  Provide mitigations in case exposures may occur.

EPA: Worker Protection Standard (WPS) Does my farm or ranch fall under the WPS Regulation? If you apply pesticides that have an “Agricultural Use Requirements” box on the label to an agricultural product AND You employ handlers or workers who are NOT immediate family members* THEN You must follow the WPS Regulation. *Certain WPS restrictions also apply to immediate family members. Note: Pesticides with the Ag Use box may or may not be RUPs.

EPA: Worker Protection Standard (WPS) Who is covered by the WPS?  The WPS protects employees on farms, forests, nurseries, and greenhouses from occupational exposure to agricultural pesticides and covers two types of employees:  Pesticide handlers: those who mix, load, or apply agricultural pesticides; clean or repair pesticide application equipment; or assist with the application of pesticides.  Agricultural workers: those who perform tasks related to growing and harvesting plants on farms, greenhouses, nurseries, or forests.

What Does the WPS Require  To inform workers and handlers about pesticide safety, provide protections from potential exposure to pesticides, and mitigate exposures that do occur.  Pesticide safety training for workers and handlers.  Access to labeling information — for pesticide handlers and early-entry workers.  Access to specific information — for workers and handlers, which includes providing information about:  pesticide applications on the establishment,  emergency information, and  a pesticide safety poster at a central location;  Keep workers out of areas being treated with pesticides.  Keep workers out of areas that are under a restricted-entry interval (REI), with a few narrow exceptions.  Protect early-entry workers who are doing permitted tasks in pesticide-treated areas during an REI, including special instructions and duties related to correct use of personal protective equipment.  Notify workers about pesticide-treated areas so they can avoid inadvertent exposures.  Monitor handlers using highly toxic pesticides.  Provide required personal protective equipment to handlers.  Provide decontamination supplies:— a sufficient supply of water, soap, and towels for routine washing and emergency decontamination.  Emergency assistance —making transportation available to a medical care facility in case of a pesticide injury or poisoning, and providing information about the pesticide(s) to which the person may have been exposed.

What Does the WPS Require: Recordkeeping/Posting Pg 69  Records Must be Kept of Each Ag-Use Application for 2 Years*  Application Information Must be Posted in a Central Location and Remain Posted for 30 days after the expiration of the Restricted Entry Interval* *Includes both general use and restricted use pesticides.

WPS: Recordkeeping/Posting (Cont.)

WPS: Sample Posting in Central Location

State Laws: Montana Pesticide Act (MPA) & Administrative Rules (ARM)  Administered by the Montana Dept. of Agriculture (MDA)  Investigation & Enforcement Authority (MPA )  Compliance with pesticide handling, use, disposal and manufacture (MPA )  Assessment of Violations, Fines and Penalties (MPA )  MPA has adopted many provisions of FIFRA & WPS  Private Applicator Certification and Training (MPA ; ARM )  Private Applicator Recertification Requirements ( ; ARM )  Compliance with WPS (MPA ; ARM )  Private Applicator Certification & Training  Memorandum of Agreement between MT. Dept. of Agriculture & MSU Extension  Administered by the Montana State University Extension

State Laws: Montana Pollutant Discharge Elimination System (MPDES) … to control point source discharges of wastewater such that water quality in state surface water is protected.  Administered by the Montana Dept. of Environmental Quality (DEQ)  DEQ issues Pesticide General Permits (PGP) for release of pesticides into state surface waters. These are not pesticide regulations, but water quality regulations.

WHAT IS THE PGP? Wastewater Discharge Permit

PGP HISTORY - NATIONALLY  Historically EPA believed that FIFRA regulated pesticides so using pesticides in water should not be considered a “discharge” of a pollutant.  January 2009: Federal Court decision - pesticides discharged to water are pollutants and require a wastewater discharge permit.  November 2011: it became illegal to apply pesticides to surface water without authorization via a wastewater discharge permit.

PGP HISTORY - MONTANA  DEQ has primacy for the Clean Water Act and regulates discharges to all MT surface waters other than those within boundaries of Indian Reservations.  Beginning in 1993, MT DEQ issued ‘308 Authorizations’ to allow temporary exceedance of water quality standards for the application of pesticides into surface water. The PGP replaced the 308 Authorization program for pesticides in 2011.

 Montana Pollutant Discharge Elimination System (MPDES) “General Permit.”  “Insurance” - protects against citizen lawsuits.  Montana Department of Agriculture is not involved in the PGP. [MDA does retain existing pesticide licensing & regulatory authority.] MT PGP NOV 1, 2011 – OCT 31, 2016

MT PGP – WHO IS SUBJECT?  Any owner/operator who applies pesticides  Into or over state surface waters

OWNER/OPERATOR…  Entity with control over the financing or decision to perform pesticide applications, (e.g., property owners, county weed control districts); or  Entity with day-to-day control (e.g., pesticide applicators). … a person who owns, leases, operates, controls, or supervises a point source. For the MT PGP, this could include:

SURFACE WATERS …means any waters on the earth's surface including, but not limited to, streams, lakes, ponds, and reservoirs; and irrigation and drainage systems discharging directly into a stream, lake, pond, reservoir, or other surface water…

STATE WATERS “State waters” means a body of water, irrigation system, or drainage system, either surface or underground. The term does not apply to: (i) ponds or lagoons used solely for treating, transporting, or impounding pollutants; or (ii) irrigation waters or land application disposal waters when the waters are used up within the irrigation or land application disposal system and the waters are not returned to state waters.

Are these State Waters? Yes!

Are these State Waters? No!  Impoundment to treat wastewater Irrigation waters used up and not returned to State Water 

 Receiving Waters not regulated:  Wastewater lagoons – not state water  Non-returning irrigation canals – not state water  Non-point discharges are not permitted – exemptions to WW permitting:  Storm water discharge  Spray drift  Applications made “near” (but NOT in or over) state surface water SUMMARY OF EXCEPTIONS/EXEMPTIONS TO NEEDING PGP COVERAGE…

MT PGP REQUIREMENTS If any amount of pesticide applied into or over state surface waters … … then a Notice of Intent (NOI) for coverage under the PGP is required.

NOTICE OF INTENT (NOI) PACKAGE  Real-time authorization (authorized upon DEQ’s receipt of complete NOI package).  DEQ will send letter of acknowledgement to all applicants, including NOI #.  Annual fee to be invoiced in arrears.  Authorized for five years unless terminated (Form NOT).

MT PGP REQUIREMENTS  Primary Requirements  Apply Pesticides in Accordance with the label  Have pesticide label available

MT PGP  Website to keep current  Contacts : Christine Weaver at or Jeff May at or

QUESTIONS Theresa Schrum Plant Science Specialist, District 2 Montana Department of Agriculture 2273 Boothill Ct., Suite 120 Bozeman, MT (406) (406) fax