Pesticides 101 Fall Tribal Conference Region 9 Patti TenBrook, Land Division Eric Magnan, Enforcement Division

Today’s pesticide sessions Pesticides 101 10:05 – 11:00 a.m. (Jackson) Speakers from Tribes and EPA Region 9 Specific Pesticide Issues 11:05 – 12:00 (Jackson) Speakers from Tribes and California Department of Pesticide Regulation NPIC and ITCA on resources 3:20 – 4:20 (Mason I) Speakers from ITCA and National Pesticide Information Center

Pesticides 101 FIFRA Basics Direct Implementation and Tribal Participation under FIFRA Do I need a pesticide program? Who works on pesticides in Region 9?

Purpose of FIFRA Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Goal: Protect public health and the environment from the hazards of pesticides Modern FIFRA enacted on October 21, 1972 Original dates back to 1910 1972 law shifted the emphasis from quality assurance/adequate labeling to the protection of public health and the environment from pesticides’ potential hazards FIFRA was amended in 1978, 1988, and 1996. FIFRA is one of the earliest statutes that EPA was authorized to enforce. 1970: Environmental Protection Agency (EPA) Created The purpose of the Act is “to regulate the marketing of economic poisons and devices...,” i.e., “pesticides” Last bullet explains the purpose of FIFRA 1972 Federal Environmental Pesticide Control Act amended FIFRA to create the modern law we enforce. This law shifted the emphasis on pesticide regulation in the United States from quality assurance/adequate labeling to the protection of public health and the environment from pesticides’ potential hazards Food Quality Protection Act of 1996 Also: Pesticide Registration Improvement Act of 2003, P.L. 108-199 Pesticide Registration Improvement Renewal Act, 2007, P.L. 110-94 Pesticide Registration Improvement Extension Act of 2012, P.L. 112-177

What is a Pesticide? A “pesticide” is “any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest...” FIFRA § 2(u) A “pest” is “any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism” that the Administrator declares to be a pest, except viruses, bacteria, or other micro-organisms on or in living man or other living animals. FIFRA § 2(t)

What is a Pesticide? Claims Composition Knowledge Labels and/or advertisement claims it can or should be used as a pesticide Can include stocking product on a retail shelf with other pesticides Composition of the substance consists of one or more active ingredient and has no other significant commercial value. Person who distributes or sells the substance has actual or constructive knowledge that the substance will be used or is intended to be used for a pesticidal purpose

Pesticide Examples: Herbicides and Fungicides…

Insect Repellant and Insecticides…

Household and Pool/Spa Disinfectants… Common pesticides we encounter that we don’t think of as pesticides. Includes pool disinfectants https://www.epa.gov/pesticide-registration/determining-if-cleaning-product-pesticide-under-fifra

Disinfectants with Healthcare Claims Results of antimicrobial product testing by EPA: https://www.epa.gov/pesticide-registration/antimicrobials-products-tested-or-pending-testing To find products registered for specific pathogens: https://www.epa.gov/pesticide-registration/selected-epa-registered-disinfectants

Resources Resources to help identify pesticides. There are many reasons we need pest control, agricultural and non agricultural. Examples

Why are Pesticides Used? Agriculture Non-Agriculture How are pesticides used near you? Agriculture: Kill pests and weeds. Assist with harvest. Non-Agriculture: Kill termites, germs and microorganisms, rodents, algae, disinfect water Homes, Water Treatment Plants, Pools, Hospitals

Invasive Species Mormon Crickets in Region 9 Pythons in Florida

How does FIFRA regulate pesticides? Registration of pesticides FIFRA § 3 Registration of pesticide producing establishments FIFRA § 7 Regulates: pesticide production pesticide distribution and sale in the U.S. use of registered pesticides Pesticide registration requires the submittal of detailed product information, including toxicity data for assessment of human health and ecological effects. Also requires a maintenance fee.

Pesticide Labels Read and follow the label. The label is the law.

Some Important Label Components Active Ingredients with Percentages EPA Reg. No: Number-Number or Number-Number-Number EPA Est. No: Number-Letters-Number Letters indicate state/country where establishment is located Signal Word: Danger, Warning or Caution Net Contents Statement

Sample Label Excerpts

Restricted Use Pesticides RUPs ‘‘may generally cause, . . . unreasonable adverse effects on the environment, including injury to the applicator.’’ -FIFRA 3(d)(1)(C). EPA classifies all registered pesticides as “restricted use” or “general use.”

Restricted Use Pesticides To help prevent adverse effects, restricted use pesticides may only be applied by a certified applicator someone acting under the direct supervision of a certified applicator To be certified, an individual must be determined to be competent with respect to the use and handling of pesticides covered by the certification Also: RUPs are limited to retail sale to and use by certified applicators (& persons under direct supervision) and only for those uses covered by the certified applicator’s certification. FIFRA 12(a)(2)(E) prohibits a registrant, wholesaler, dealer, retailer, or other distributor from advertising an RUP without giving the classification of the product. See also 40 CFR 152.168.

Restricted Use Pesticides RUPs can only be sold or distributed to a certified applicator Also: RUPs are limited to retail sale to and use by certified applicators (& persons under direct supervision) and only for those uses covered by the certified applicator’s certification. FIFRA 12(a)(2)(E) prohibits a registrant, wholesaler, dealer, retailer, or other distributor from advertising an RUP without giving the classification of the product. See also 40 CFR 152.168. "Private applicator" means: (a) an individual who uses or supervises the use of a pesticide for the purpose of producing an agricultural commodity as defined by Title 40 Code of Federal Regulations, section 171.2(a)(5) (July 1, 2013) on property owned, leased, or rented by him/her or his/her employer; or (b) a householder who uses or supervises the use of a pesticide, outside the confines of a residential dwelling for the purpose of controlling ornamental, plant or turf pests on residential property owned, leased, or rented by that householder. Also: RUPs are limited to retail sale to and use by certified applicators (& persons under direct supervision) and only for those uses covered by the certified applicator’s certification.

Who Enforces FIFRA? EPA works together with tribes to enforce FIFRA on tribal land States enforce pesticide use violations Bring up state authority to inspect EPA enforces violations related to the registration, production, labeling, packaging, storage, sale and distribution of pesticides States have primary enforcement authority (primacy) over pesticide use violations Tribes do not have primary enforcement authority

Direct Implementation EPA Direct Implementation Areas: Tribal Land Imports Producing Establishments Product Integrity EPA largely implements its responsibilities through partnerships with tribes, states and other agencies. EPA is responsible for implementing federal environmental statutes in the United States including in Indian country. -- EPA’s Direct Implementation of Federal Environmental Programs in Indian Country, February 25, 2016 9/20/2019

Responding to and investigating complaints, incidents Enforcing when pesticides are not used in accordance with their labels Respond to Tips/Complaints EPA is responsible for implementing federal environmental statutes in the United States including in Indian country.

EPA R9 Direct Implementation Activities Develop Enforcement Actions Monitor Pesticide Imports Conduct inspections Oversee State Programs Certifying applicators of restricted use pesticides on Tribal Land Responding to and investigating complaints, incidents Enforcing when pesticides are not used in accordance with their labels Respond to Tips/Complaints EPA is responsible for implementing federal environmental statutes in the United States including in Indian country. 9/20/2019

Inspections EPA and tribal lead inspections. We perform inspections. Neutral scheme and response to complaints (WMAT). WPS and use inspections on Cocopah, Quechan, TO, Navajo Nation, White Mountain Apache. Plan to continue to visit tribes, inspect facilities, and assess need. Cocopah Indian Tribe Navajo Nation Quechan Tribe Tohono O’odham Nation White Mountain Apache Tribe

Response Goal = Compliance Compliance Assistance Notice of Warning Letters Compliance Plan Penalty Action Goal = Compliance Response to EPA and tribal lead inspections. Notice of Warning Letters Tohono O’odham Nation Quechan Tribe Compliance Plan NNDFW Penalty Action Navajo Mesa Farms

Producer Establishments Focus Areas Pesticide Use Producer Establishments Product Integrity Federal Only Pesticide Use on Tribal Land, State Referrals, State Oversight Imports Pesticide Producer Establishments Container/Containment Product Integrity Reporting and Registration States support this work by conducting inspections (PEIs) with federal credentials Product Integrity (Registration, Composition, Labeling) State Primacy and State Law Pesticide Use State Law: Product Integrity

Pesticide Use

Producer Establishments Container Containment

Product Integrity Registration – Decon7 SSURO, Marketplace

FY 18 Activities Visited 5 Tribes Issued 4 Notice of Warning Letters 1 Penalty Action We are available to talk through any questions or concerns. If you have a pesticide related concern please let us know. We can work together.

EPA HQ Direct Implementation Activities Setting tolerances and exemptions for pesticide chemical residues Registering and reviewing pesticide registrations Registration of Pesticide Producing Establishments Setting tolerances and exemptions for pesticide chemical residues Federal Food, Drug and Cosmetic Act (FFDCA) Section 408 Registering and reviewing pesticide registrations FIFRA and Food Quality Protection Act (FQPA) Section 3 Registration of Pesticide Producing Establishments Section 7 Certifying applicators of restricted use pesticides Section 11 and 23(a)(2) Registration 9/20/2019

Associated Implementation Activities EPA provides wide-ranging support for tribes Technical assistance, education and outreach on the safe use of pesticides and pest-control alternatives Answering questions, providing compliance assistance Providing training on new regulatory requirements, revisions   Registration 9/20/2019

Wide Spectrum of Program Activities Activities can include: Special outreach/training (e.g., bed bugs, pollinator plans) Identifying pesticide use on a reservation Helping to develop pesticide code, IPM plans Evaluating analytical results from water samples Exploring unique tribal exposure concerns Reviewing invasive species plans Other activities … 9/20/2019

Opportunities for Tribal Participation under FIFRA Cooperative Agreements Support tribal programs Federal credentials, if appropriate Training and Certification of RUP Applicators under EPA- approved plan Pesticide Program Development and Implementation Tribes may have tribal pesticide codes, monitor compliance, take enforcement actions under their own authority

Funding GAP FIFRA Program—Office of Pesticide Programs (OPP) Enforcement—Office of Enforcement and Compliance Assurance (OECA)

Do I need a pesticide program? Commercial Agriculture Structures Housing Schools Casinos Hotels Hospitals Public Health (e.g., vector-borne diseases; pathogen control) Forestry Invasive Species Habitat restoration Rights of Way, Fire Suppression

National Pesticide Cooperative Agreements Elements necessary for a successful program: Tribal leadership support Regional support for guidance, training, technical support and oversight Tribal staffing with adequate support personnel Minimum of 75-100 inspection targets to maintain inspection expertise Checklist to assess interest and needs Tribe's current environmental programs, and program staff employed Current pesticide problems, incidents Types and numbers of potential inspection targets - Guidance for Funding Development and Administration of Pesticide Field Program and Enforcement Cooperative Agreements, January 2011 9/20/2019

National Pesticide Cooperative Agreement Performance expectations: Grants management responsibilities Record keeping and reporting Regional oversight and communication Inspector credentials procedures, requirements Inspection policies Cooperative agreements may not be a good fit in all tribal situations 9/20/2019

Region 9 148 federally recognized tribes 9 OPP/OC cooperative pesticide program and enforcement agreements - 8 individual tribes; 1 consortium (ITCA) ~$700-800,000 per year to tribes OPP funds used to collaborate with partners to deliver workshops, training on IPM, bed bugs, etc. 9/20/2019

Who works on pesticides in Region 9? LND Manager: Patti TenBrook, 415-947-4223, tenbrook.patti@epa.gov Tribal Liaison: Peter Earley, 415-972-3850, earley.peter@epa.gov ENF Manager: Eric Magnan, 415-947-4179, magnan.eric@epa.gov LND Manager: Patti TenBrook, 415-947-4223, tenbrook.patti@epa.gov Tribal Liaison: Peter Earley, 415-972-3850, earley.peter@epa.gov Project Officers: Peter Earley, Mary Grisier, Allen Demorest, Norman Calero, Sonam Gill, Fabiola Estrada Worker Safety Program: Katy Wilcoxen Integrated Pest Management: Fabiola Estrada Bed Bugs: Norman Calero Pollinators: Sonam Gill Endangered Species: Allen Demorest Water Quality: Patti TenBrook ENF Manager: Eric Magnan, 415-947-4179, magnan.eric@epa.gov

Questions/Comments Please attend the other pesticide sessions today.