2010 Pesticide Issues Update Presented by, Renee Pinel WPHA January 13, 2010

Air Quality Issues Volatile Organic Compounds (VOC’s)  Driven by Environmental Lawsuit  Environmentalists wanted 20% reduction, DPR argued for 12%  Initial case against DPR was won by Environmental Groups resulting in regulations that required reductions  WPHA successful appealed and has been successful in appeals since 2008  WPHA Regulatory Affairs Committee coordinating scientific data submission to demonstrate attainment under 12% standard  Data resulted in DPR regulations that will not require product use reductions.  WPHA anticipates legislation this year to move reductions to higher levels as well as possibly a new lawsuit.

Air Quality Issues On-Road Diesel Engine Rule  Diesel Engine rule impacts all commercial diesel engines over 14,000 gvw in California  ARB has agreed to exempt retail diesel trucks that deliver placarded haz materials (fertilizers and crop protection products) and are licensed retailers with CDFA or DPR.  Reporting for Ag trucks must be submitted by March 31, ARB may postpone overall Diesel On-Road rule because of state economy. Off-Road Agricultural Diesel Engine Rule  Rule impacts all Ag tractors & application equipment diesel engines.  WPHA collecting inventories for application equipment to be collated by third party.  All inventories must be in to third party by February 15,  Goal is to avoid gross over-estimates by ARB that resulted in problematic On-Road rule.

Air Quality Issues  Mendota Air Monitoring Project  DPR will be partnering with UC Davis to monitor approximately 30 pesticides in and around homes of 100 farm worker families in Mendota.  Goal is to compare exposure of pesticides used in the home vs. agricultural pesticides  Air Monitoring Network  DPR is looking to do air monitoring studies of 2 – 5 communities for the next 5 years.  Will be looking to compare exposures to pesticides used in the home and agricultural pesticides.  No communities selected yet, but has been narrowed to 13 primary communities.  Will be monitoring approximately 21 – 25 pesticides.

Air Quality Issues Final List of Communities for Monitoring -Linden/Ripon: San Joaquin Co. -Shafter/Wasco: Kern -Greenfield/Salinas/Castroville: Monterey -Camarillo/Oxnard: Ventura -Huron/Mendota: Fresno -Reedley/Parlier: Fresno -Also under consideration but not recommended at this time is; Patterson, Wesley, Pajaro, Gonzales, Soledad, Cantua Creek, Mettler.

Air Quality Issues List of Pesticides for Monitoring - Chlorothalonil (Bravo)- Norfluazon (Solicam) - Chlorpyrifos (Lorsban)- Oryzalin (Surflan) - Cypermethrin- Oxyfluorfen (Goal) - Diazinon- Permethrin - Dicofol (Kelthane)- Phosmet (Imidan) - Dimethoate (Cygon)- Propargite (Omite) - Diuron (Karmex)- S,S,S-tributyl - Endosulfan (Thiodan) phosphorotrithioate (DEF) - EPTC (Eptam)- Simazine (Princep) - Malathion- S-metolachlor (Dual) - Baked as dichiovos (DDVP)- Trifluralin (Treflan) - 1,3-Dichloropropene (Telone, Incline)- Acrolein (Magnacide) - Sodium tetrathiocarbonate (Enzone)- Methyl Bromide - Also under consideration but with less sampling is: Chloropicrin, Metam-sodium, Metam-potassium & dazomet (Vapam) as methyl isothiocyanate (MITC)

Water Quality Issues Pyrethroid Re-Evaluation  DPR has undertaken the largest re-evaluation in the history of the department.  Review is focused on impact of pyrethroid based products on urban waterways.  Much of the concern is driven by Water Agencies afraid of being sued by environmental groups over pyrethroid levels.  Originally agriculture was being blamed for products moving into urban waterways.  It is now considered much more likely that urban users are responsible via pet products, outdoor wear laundering, etc., for the levels.  WPHA has been working with the Pyrethroid Working Group, made up of WPHA registrants, and who are providing DPR with most of the scientific data on actual contributions and mitigation processes.  Of particular issue is the lack of urban over-the-counter pesticide stewardship education and enforceable regulations.

Water Quality Issues Pelagic Organism Disorder (POD)  Decline in certain fish populations, i.e., stripped bass, Delta smelt, etc.  Probable cause is pumping stations in the Delta that move water from Delta to Central Valley and Bay Area cities.  To diminish impact from pumping, some Valley growers and municipalities are trying to focus blame on pesticide use in the Delta.  The State Water Board has constituted an advisory committee to look at potential causes of POD.  WPHA is a member of this committee which will be meeting over the next 12 – 18 months to evaluate and identify most likely causes.

Water Quality Issues Long Term Irrigated Lands Program - Central Valley Regional Water Board staff has been meeting with various interest groups for the past year discussing future direction of program and regulations - Staff has developed 5 potential plans varying from Ag proposed plan with grower managed BMP’s to environmental interest plan with strict numeric limits and penalties and fees. - Staff will present their recommendations to the Regional Board this spring. - Board is expected to approve a management and monitoring plan sometime this year.

Endangered Species Act NMFS Bi-Op - National Marine Fisheries Service published a biological opinion that certain pesticides could have a negative impact on salmon species in CA, WA, OR, & ID. - Opinion has been widely criticized as scientifically invalid by not only industry, but by other regulatory agencies like CA DPR & WA Dept of Agriculture. - Science utilized by NMFS was old data with incorrect methodologies. - However, NMFS refuses to change their opinion which has resulted in USEPA promulgating pesticide use regulations that will expand buffers on pesticides used around all waterways. - Registrants are appealing this decision. Gobi 11 Lawsuit - Lawsuit settled between Center for Biological Diversity & USEPA last summer. - Impact 11 species in 7 counties around the Bay and Delta areas for 74 pesticides. - Will require use restrictions and expanded buffers around these species. This suit is considered the template for future regional suits around CA. - CLA has not signed off on this agreement.