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

2. Today’s pesticide sessions
Pesticides :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

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

4. 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
Pesticide Registration Improvement Renewal Act, 2007, P.L Pesticide Registration Improvement Extension Act of 2012, P.L

5. 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)

6. 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

7. Pesticide Examples: Herbicides and Fungicides…

8. Insect Repellant and Insecticides…

9. Household and Pool/Spa Disinfectants…
Common pesticides we encounter that we don’t think of as pesticides. Includes pool disinfectants

10. Disinfectants with Healthcare Claims
Results of antimicrobial product testing by EPA:
To find products registered for specific pathogens:

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

12. 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

13. Invasive Species
Mormon Crickets in Region 9
Pythons in Florida

14. 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.

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

16. 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

17. Sample Label Excerpts

18. 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.”

19. 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

20. 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
"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.

21. 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

22. 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

23. 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.

24. 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

25. 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

26. 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

27. 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

28. Pesticide Use

29. Producer Establishments
Container Containment

30. Product Integrity
Registration – Decon7 SSURO, Marketplace

31. 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.

32. 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

33. 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

34. 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

35. 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

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

37. 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

38. 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 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

39. 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

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

41. Who works on pesticides in Region 9?
LND
Manager: Patti TenBrook, ,
Tribal Liaison: Peter Earley, ,
ENF
Manager: Eric Magnan, ,
LND
Manager: Patti TenBrook, ,
Tribal Liaison: Peter Earley, ,
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, ,

42. Questions/Comments
Please attend the other pesticide sessions today.