Laws and Regulations Update Sue Ostrom Senior Agricultural Biologist

Wellhead Protection

Some activities are prohibited within 100ft. of an “unprotected” wellhead: Some activities are prohibited within 100ft. of an “unprotected” wellhead:  Mixing, loading, and storage of pesticides  Rinsing of spray equipment or containers  Maintenance of equipment that could lead to spillage of pesticides onto the ground  Application of some preemergent herbicides

Wellhead Protection “unprotected” wellhead: runoff water from the area of pesticide application or activity may contact the wellhead or concrete pad “unprotected” wellhead: runoff water from the area of pesticide application or activity may contact the wellhead or concrete pad a wellhead may be “protected” by forming a berm around it a wellhead may be “protected” by forming a berm around it

Wellhead Protection

Preemergent herbicides: for this regulation are those that are listed in CCR 6800 (see handout). Preemergent herbicides: for this regulation are those that are listed in CCR 6800 (see handout). Herbicides on list: Herbicides on list:  Simazine (Princep, Sim-Trol)  Oryzalin (Surflan, Rout, Oryza Ag)

Wellhead Protection Herbicides not on list: Herbicides not on list:  Oxyfluorfen (such as Goal),  Pendimethalin (such as Pendulum and Prowl)  Flumioxazin (such as Chateau and Payload)

Medical Supervision

What is it? What is it?  Blood testing and monitoring of the results. When is it required? When is it required?  Whenever an employee handles an organophosphate or carbamate labeled as “Danger” or “Warning” for more than 6 days within a 30 day period.

Medical Supervision What are some of the pesticides that would fall under these requirements? What are some of the pesticides that would fall under these requirements?  Sevin  Dimethoate  Lorsban  Lannate

Medical Supervision What do I need to do as the employer? What do I need to do as the employer?  Keep records of all employees who handle these pesticides, what pesticide was used, and the date.  Have a written agreement for medical supervision signed by a physician.  Submit the agreement to the Commissioner’s office.

Medical Supervision What do I need to do as the employer? What do I need to do as the employer?  Have each employee who would fall under this program tested and establish a baseline, then tested periodically (3 tests at 30 day intervals then every 60 days unless otherwise recommended by the physician).

Medical Supervision What do I need to do as the employer? What do I need to do as the employer?  Keep records and make them available for inspection (agreement with physician, use records, test results, etc.)  Follow the recommendations of the physician  Post the name, address and telephone number of the physician at the workplace.

Medical Supervision What do I need to do as the employer? What do I need to do as the employer?  Investigate the work practices (sanitation, handling procedures, safety equipment, etc.) of any employee whose levels fall below 80 percent of the baseline and keep a written record of the findings.

Medical Supervision What do I need to do as the employer? What do I need to do as the employer?  Remove any employee from use of these types of pesticides if their baseline falls below 70 percent (they can resume this type of work when their baseline is again above 80 percent).

Dormant Insecticide Restrictions

New regulations to take effect early next year. New regulations to take effect early next year. These regulations were adopted to address runoff from crops carrying dormant applied insecticides into waterways. These regulations were adopted to address runoff from crops carrying dormant applied insecticides into waterways.

Dormant Insecticide Restrictions What situations will the regulations apply to? What situations will the regulations apply to?  Dormant applications that involve insecticides other than just dormant oil, spinosad, or Bacillus sp. on a property where there may be runoff.

Dormant Insecticide Restrictions What is required? What is required?  A written recommendation from an Advisor.  Cannot apply within 100 feet of any sensitive aquatic site.

Dormant Insecticide Restrictions What is required? What is required?  Wind speed shall be 3-10mph at the perimeter of the application site as measured by an anemometer on the upwind side.  Aerial applications are only allowed if it is too wet to apply by ground.

Dormant Insecticide Restrictions No dormant insecticide application (other than dormant oil, spinosad, or Bacillus sp. only) can take place if: No dormant insecticide application (other than dormant oil, spinosad, or Bacillus sp. only) can take place if:  Soil moisture is at field capacity (any rain would cause runoff) and a storm event is forecasted by the National Oceanic and Atmospheric Administration (NOAA)/National Weather Service (NWS) is to occur within 48 hours following the application or;

Dormant Insecticide Restrictions  A storm event likely to produce runoff from the treated area is forecasted by NOAA/NWS to occur within 48 hours following the application

Questions?