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 n Pesticide Issues in California Fumigants and Worker SafetyFumigants and Worker Safety Surface Water ContaminantsSurface Water Contaminants Volatile Organic Compounds (VOC)Volatile Organic Compounds (VOC) Pesticide Toxicity to BeesPesticide Toxicity to Bees n Overview of Reevaluation What is reevaluationWhat is reevaluation When does DPR initiate a reevaluation?When does DPR initiate a reevaluation? Possible Outcomes of a ReevaluationPossible Outcomes of a Reevaluation

Overview of Discussion - continued n Current Pesticides in Reevaluation Surface water contaminantsSurface water contaminants FumigantsFumigants n Pesticides Under Investigation n Regulations/Mitigation Under Development VOC IIIVOC III Notification and Early EntryNotification and Early Entry MITC (Metam Sodium)MITC (Metam Sodium)

Pesticide Issues in California n Fumigants and Worker Safety MITC MitigationMITC Mitigation Iodomethane Risk Assessment and Registration DecisionIodomethane Risk Assessment and Registration Decision Chloropicrin – Under Consideration as a Toxic Air ContaminantChloropicrin – Under Consideration as a Toxic Air Contaminant Notification and Early Entry RegulationsNotification and Early Entry Regulations

Pesticide Issues in California n Iodomethane Risk Assessment and Registration Decision Risk assessment under developmentRisk assessment under development Registration decision projected in 4 th quarter of 2009Registration decision projected in 4 th quarter of 2009 Highly toxic and may require additional mitigation similar to methyl bromideHighly toxic and may require additional mitigation similar to methyl bromide Legislative interest to register productsLegislative interest to register products

Pesticide Issues in California n Chloropicrin – Under Consideration as a Toxic Air Contaminant Risk assessment under developmentRisk assessment under development Public Hearing scheduled this WinterPublic Hearing scheduled this Winter Highly toxic and may require additional mitigationHighly toxic and may require additional mitigation

Pesticide Issues in California n Surface Water Contaminants ChlorpyrifosChlorpyrifos DiazinonDiazinon PyrethroidsPyrethroids FipronilFipronil n Volatile Organic Compounds Soil fumigantsSoil fumigants Emulsifiable concentrate formulated productsEmulsifiable concentrate formulated products

Pesticide Issues in California n Pesticide Toxicity to Honey Bees ImidaclopridImidacloprid NeonicotinoidsNeonicotinoids

Pesticide Issues in California How do we address these issues? n Adopt known mitigation approaches n Develop new approaches to mitigate the problem n Request additional data to evaluate problem and find solutions (e.g., Reevaluation)

What is Reevaluation? n Reevaluation is a tool DPR utilizes to require registrants to submit information/data Determine the nature/extent of a hazardDetermine the nature/extent of a hazard Mitigate hazardsMitigate hazards

When does DPR initiate a reevaluation? n Initiation of a Reevaluation Investigate all information indicating that a pesticide “may have caused” or is “likely to cause” an adverse effect.Investigate all information indicating that a pesticide “may have caused” or is “likely to cause” an adverse effect. Information may come from numerous sources.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.If DPR determines that a pesticide “has caused” or is “likely to cause” a significant adverse effect, reevaluation is initiated.

Reevaluation n DPR may require registrants to provide data. n DPR may require registrants to develop mitigation measures. n Status of reevaluation included in semi-annual report. n DPR may cancel products due to registrant’s failure to provide data.

Possible Reevaluation Outcomes n No further mitigation measures needed. n Mitigation measures needed: RegulationRegulation Permit ConditionsPermit Conditions Label AmendmentsLabel Amendments n Adverse effect cannot be mitigated; pesticide product(s) must be canceled.

Chlorpyrifos and Diazinon Reevaluations n Initiated based on water quality monitoring data showing exceedances (Total Maximum Daily Load). n Chlorpyrifos labeling established nationally to mitigate off-site movement. Monitoring being conducted in the Delta and San Joaquin watersheds. n Diazinon supplemental labeling established in California to mitigate off-site movement. Monitoring being conducted for dormant spray season.

Pyrethroid Reevaluation Pyrethroid Reevaluation n Pyrethroids, a class of insecticides, widely used in both agricultural and urban settings. n 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.Based on toxicity to sediment dwelling organisms in agricultural and urban waterways.

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

Pyrethroid Reevaluation Data Requirements n Develop a sediment analytical method. n Environmental fate studies (Groups I, III). n Sediment acute and chronic toxicity (Groups II, III). n Soil metabolism studies (Groups I, II, III). n Studies to characterize off-site movement (Group III).

Soil Fumigant Reevaluation n Many pesticide active and inert ingredients are Volatile organic compounds or VOCs. n VOCs and nitrogen oxides react with sunlight to form ozone, a major air pollutant. n 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 applicationsDevelop 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 areasImplement regulations by 1/26/08 to achieve 20% reduction from 1991 in five nonattainment areas

Method to estimate pesticide VOC emissions n 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) n Historically, VOC emissions from fumigants assumed to be 100% of applied fumigant.

Method to estimate fumigant VOC emissions n January 2008, DPR adopted regulations assigning estimated VOC emission to specific fumigant application methods. n DPR needs field monitoring data to confirm fumigant VOC emissions n DPR is requiring data to better estimate emissions

Pesticides Under Investigation: Fipronil n Preliminary studies show potential for water quality concerns based on the active ingredient and its breakdown products. n The product is highly toxic to all aquatic life. n The product and its metabolites are very stable. n These characteristics are shared by older active ingredients no longer in use.

Pesticides Under Investigation: Imidacloprid n DPR received an adverse effects disclosure regarding the active ingredient imidacloprid. n DPR’s evaluation of the data noted several critical findings Imidacloprid is toxic to honey beesImidacloprid is toxic to honey bees High levels of imidacloprid in leaves and blossoms of treated plantsHigh levels of imidacloprid in leaves and blossoms of treated plants Increases in residue levels over time.Increases in residue levels over time.

Pesticides Under Investigation: Imidacloprid n Residues in some plants measured higher than 4 parts per million (ppm). n After application, remained stable in some cases for more than 500 days after treatment. n DPR estimates the lethal concentration of imidacloprid needed to kill 50 percent of a test population (LC 50 ) of honey bees is 185 ppb.

Pesticides Under Investigation: Imidacloprid n Imidacloprid and other similar classes of pesticides are under investigation to determine the impacts on honey bees n Coordinating our investigation with U.S. EPA n Minimal data to determine impacts on various crops

Regulations Under Development: VOC Regulations n 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 SIPChanges 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 VenturaPostpones the allowance system to regulate VOC emissions in all non-attainment areas but Ventura

Proposed SIP Changes in the San Joaquin Valley n Changes from 20% to 12% to be consistent with the 1994 SIP n Establishes a cap of 18.1 tons per day n Commitment to use current technology for estimating future emission inventories n 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 n Performance-based regulation n Grower and contractor responsible for ensuring workers are notified n Flexibility for pest control operator to schedule and make an application n Grower must manage property to ensure workers don’t enter treated field

Regulations Under Development: Notification and Early Entry n Established requirements for notification after an application has been completed n Minor changes to application-specific information requirement n Adds early entry provisions that EPA established (no contact, limited contact provisions) n Clarifies training and information that must be provided to early entry workers

Mitigation Under Development n MITC mitigation under development to address off-site exposures to bystanders n Buffer zones developed for sprinkler, shank, drip, flood, rototiller, and dazomet applications n Working with U.S. EPA on proposal n Proposal should be available for comment in Winter 2009

Challenges n Development of mitigation measures to address fumigants, VOCs, and pollutants in surface water are new challenges that are more complex than traditional mitigation measures n Modeling and other scientific tools are being used to develop a program

Challenges and Partnerships n We are challenged with developing and demonstrating effective mitigation measures. n Critical to coordinate with other agencies and county agricultural commissioners n Commissioner staff have the knowledge and experience to assist DPR in solving these problems

Questions? Chuck Andrews, Associate Director CDPR Web site <