Department of Pesticide Regulation Update of Regulatory Issues California Association of Standards & Agricultural Professionals Conference Charles M. Andrews

Department of Pesticide Regulation Department of Pesticide Regulation Update of Regulatory IssuesUpdate of Regulatory Issues

California Association of Standards & California Association of Standards & Agricultural Professionals ConferenceAgricultural Professionals Conference

Charles M. AndrewsCharles M. Andrews

Associate DirectorAssociate Director

Pesticide Programs DivisionPesticide Programs Division

January 17, 2009January 17, 2009

Overview of DiscussionOverview of Discussion

Pesticide Issues in CaliforniaPesticide 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

Overview of ReevaluationOverview 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 - continuedOverview of Discussion - continued

Current Pesticides in ReevaluationCurrent Pesticides in Reevaluation• Surface water contaminantsSurface water contaminants• FumigantsFumigants

Pesticides Under InvestigationPesticides Under Investigation Regulations/Mitigation Under DevelopmentRegulations/Mitigation Under Development

• VOC IIIVOC III• Notification and Early EntryNotification and Early Entry• MITC (Metam Sodium) MITC (Metam Sodium)

Pesticide Issues in CaliforniaPesticide Issues in California

Fumigants and Worker SafetyFumigants and Worker Safety• MITC MitigationMITC Mitigation• Iodomethane Risk Assessment and Registration Iodomethane Risk Assessment and Registration

DecisionDecision• Chloropicrin – Under Consideration as a Toxic Chloropicrin – Under Consideration as a Toxic

Air ContaminantAir Contaminant• Notification and Early Entry RegulationsNotification and Early Entry Regulations


Iodomethane Risk Assessment and Iodomethane Risk Assessment and Registration DecisionRegistration Decision• Risk assessment under developmentRisk assessment under development• Registration decision projected in 4Registration decision projected in 4 thth quarter of quarter of

20092009• Highly toxic and may require additional mitigation Highly toxic and may require additional mitigation

similar to methyl bromide similar to methyl bromide • Legislative interest to register productsLegislative interest to register products


Chloropicrin – Under Consideration as a Chloropicrin – Under Consideration as a Toxic Air ContaminantToxic 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


Surface Water ContaminantsSurface Water Contaminants• ChlorpyrifosChlorpyrifos• DiazinonDiazinon• PyrethroidsPyrethroids• FipronilFipronil

Volatile Organic CompoundsVolatile Organic Compounds• Soil fumigantsSoil fumigants• Emulsifiable concentrate formulated productsEmulsifiable concentrate formulated products


Pesticide Toxicity to Honey BeesPesticide Toxicity to Honey Bees• ImidaclopridImidacloprid• NeonicotinoidsNeonicotinoids


How do we address these issues?How do we address these issues?

Adopt known mitigation approachesAdopt known mitigation approaches Develop new approaches to mitigate the Develop new approaches to mitigate the

problemproblem Request additional data to evaluate problem Request additional data to evaluate problem

and find solutions (e.g., Reevaluation)and find solutions (e.g., Reevaluation)

What is Reevaluation?What is Reevaluation?

Reevaluation is a tool DPR utilizes to require Reevaluation is a tool DPR utilizes to require registrants to submit information/dataregistrants 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?When does DPR initiate a reevaluation?

Initiation of a ReevaluationInitiation of a Reevaluation• Investigate all information indicating that a Investigate all information indicating that a

pesticide “may have caused” or is “likely to pesticide “may have caused” or is “likely to cause” an adverse effect.cause” an adverse effect.

• Information may come from numerous sources.Information may come from numerous sources.• If DPR determines that a pesticide “has caused” If DPR determines that a pesticide “has caused”

or is “likely to cause” a significant adverse effect, or is “likely to cause” a significant adverse effect, reevaluation is initiated.reevaluation is initiated.

Reevaluation Reevaluation

DPR may require registrants to provide data.DPR may require registrants to provide data. DPR may require registrants to develop DPR may require registrants to develop

mitigation measures.mitigation measures. Status of reevaluation included in Status of reevaluation included in

semi-annual report.semi-annual report. DPR may cancel products due to registrant’s DPR may cancel products due to registrant’s

failure to provide data.failure to provide data.

Possible Reevaluation OutcomesPossible Reevaluation Outcomes

No further mitigation measures needed.No further mitigation measures needed. Mitigation measures needed:Mitigation measures needed:

• RegulationRegulation• Permit ConditionsPermit Conditions• Label AmendmentsLabel Amendments

Adverse effect cannot be mitigated; pesticide Adverse effect cannot be mitigated; pesticide product(s) must be canceled.product(s) must be canceled.

Chlorpyrifos and Diazinon ReevaluationsChlorpyrifos and Diazinon Reevaluations

Initiated based on water quality monitoring data Initiated based on water quality monitoring data showing exceedances (Total Maximum Daily Load).showing exceedances (Total Maximum Daily Load).

Chlorpyrifos labeling established nationally to Chlorpyrifos labeling established nationally to mitigate off-site movement. Monitoring being mitigate off-site movement. Monitoring being conducted in the Delta and San Joaquin conducted in the Delta and San Joaquin watersheds.watersheds.

Diazinon supplemental labeling established in Diazinon supplemental labeling established in California to mitigate off-site movement. Monitoring California to mitigate off-site movement. Monitoring being conducted for dormant spray season.being conducted for dormant spray season.

Pyrethroid ReevaluationPyrethroid Reevaluation

Pyrethroids, a class of insecticides, widely Pyrethroids, a class of insecticides, widely used in both agricultural and urban settings.used in both agricultural and urban settings.

In August 2006, DPR placed over 600 In August 2006, DPR placed over 600 products containing at least one of 20 products containing at least one of 20 different pyrethroid active ingredients into different pyrethroid active ingredients into reevaluation.reevaluation.• Based on toxicity to sediment dwelling organisms Based on toxicity to sediment dwelling organisms

in agricultural and urban waterways.in agricultural and urban waterways.


Class GroupingClass Grouping Group I: Group I: first generation photosensitive first generation photosensitive

pyrethroids, typically used indoors and pyrethroids, typically used indoors and around residential areas.around residential areas.

Group II & Group III: second generation Group II & Group III: second generation environmentally persistent pyrethroids widely environmentally persistent pyrethroids widely used in urban and agricultural settings.used in urban and agricultural settings.


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

III)III)..

Soil Fumigant ReevaluationSoil Fumigant Reevaluation

Many pesticide active and inert ingredients are Many pesticide active and inert ingredients are Volatile organic compounds or VOCs.Volatile organic compounds or VOCs.

VOCs and nitrogen oxides react with sunlight to VOCs and nitrogen oxides react with sunlight to form ozone, a major air pollutant.form ozone, a major air pollutant.

State Implementation Plan (SIP) to achieve ozone State Implementation Plan (SIP) to achieve ozone standard requires DPR to:standard requires DPR to:• Develop and maintain an inventory to track pesticide VOC Develop and maintain an inventory to track pesticide VOC

emissions from agricultural and structural applications emissions from agricultural and structural applications • Implement regulations by 1/26/08 to achieve 20% Implement regulations by 1/26/08 to achieve 20%

reduction from 1991 in five nonattainment areasreduction from 1991 in five nonattainment areas

Method to estimate pesticide VOC Method to estimate pesticide VOC emissionsemissions

VOC emissions from non-fumigant pesticides VOC emissions from non-fumigant pesticides are based on worst-case lab data or TGA are based on worst-case lab data or TGA data (thermogravimetric analysis data).data (thermogravimetric analysis data).

Emission of liquid products = amount of product x emission potential Emission of liquid products = amount of product x emission potential (VOC content)(VOC content)

Historically, VOC emissions from fumigants Historically, VOC emissions from fumigants assumed to be 100% of applied fumigantassumed to be 100% of applied fumigant..

Method to estimate fumigant VOC Method to estimate fumigant VOC emissionsemissions

January 2008, DPR adopted regulations January 2008, DPR adopted regulations assigning estimated VOC emission to assigning estimated VOC emission to specific fumigant application methods. specific fumigant application methods.

DPR needs field monitoring data to confirm DPR needs field monitoring data to confirm fumigant VOC emissionsfumigant VOC emissions

DPR is requiring data to better estimate DPR is requiring data to better estimate emissionsemissions

Pesticides Under Investigation: FipronilPesticides Under Investigation: Fipronil

Preliminary studies show potential for water Preliminary studies show potential for water quality concerns based on the active quality concerns based on the active ingredient and its breakdown products.ingredient and its breakdown products.

The product is highly toxic to all aquatic life.The product is highly toxic to all aquatic life. The product and its metabolites are very The product and its metabolites are very

stable.stable. These characteristics are shared by older These characteristics are shared by older

active ingredients no longer in use.active ingredients no longer in use.

Pesticides Under Investigation: Pesticides Under Investigation: ImidaclopridImidacloprid

DPR received an adverse effects disclosure DPR received an adverse effects disclosure regarding the active ingredient imidacloprid. regarding the active ingredient imidacloprid.

DPR’s evaluation of the data noted several DPR’s evaluation of the data noted several critical findingscritical findings• Imidacloprid is toxic to honey beesImidacloprid is toxic to honey bees• High levels of imidacloprid in leaves and High levels of imidacloprid in leaves and

blossoms of treated plantsblossoms of treated plants• Increases in residue levels over time. Increases in residue levels over time.


Residues in some plants measured higher Residues in some plants measured higher than 4 parts per million (ppm).than 4 parts per million (ppm).

After application, remained stable in some After application, remained stable in some cases for more than 500 days after treatment. cases for more than 500 days after treatment.

DPR estimates the lethal concentration of DPR estimates the lethal concentration of imidacloprid needed to kill 50 percent of a test imidacloprid needed to kill 50 percent of a test population (LCpopulation (LC5050) of honey bees is 185 ppb.) of honey bees is 185 ppb.


Imidacloprid Imidacloprid and other similar classes of and other similar classes of pesticides are under investigation to pesticides are under investigation to determine the impacts on honey beesdetermine the impacts on honey bees

Coordinating our investigation with U.S. EPA Coordinating our investigation with U.S. EPA Minimal data to determine impacts on various Minimal data to determine impacts on various

cropscrops

Regulations Under Development: Regulations Under Development: VOC RegulationsVOC Regulations

DPR proposing regulations to change the DPR proposing regulations to change the benchmark for regulating VOC emissions in benchmark for regulating VOC emissions in the San Joaquin Valleythe San Joaquin Valley• Changes from 20% to 12% to be consistent with Changes from 20% to 12% to be consistent with

the 1994 SIPthe 1994 SIP• Postpones the allowance system to regulate Postpones the allowance system to regulate

VOC emissions in all non-attainment areas but VOC emissions in all non-attainment areas but Ventura Ventura

Proposed SIP Changes in the San Proposed SIP Changes in the San Joaquin ValleyJoaquin Valley

Changes from 20% to 12% to be consistent with the Changes from 20% to 12% to be consistent with the 1994 SIP1994 SIP

Establishes a cap of 18.1 tons per dayEstablishes a cap of 18.1 tons per day Commitment to use current technology for Commitment to use current technology for

estimating future emission inventories estimating future emission inventories Requires DPR to place restrictions on fumigants Requires DPR to place restrictions on fumigants

and non-fumigants to meet the 18.1 tons per day and non-fumigants to meet the 18.1 tons per day capcap

Regulations Under Development: Regulations Under Development: Notification and Early EntryNotification and Early Entry

Performance-based regulationPerformance-based regulation Grower and contractor responsible for Grower and contractor responsible for

ensuring workers are notifiedensuring workers are notified Flexibility for pest control operator to Flexibility for pest control operator to

schedule and make an applicationschedule and make an application Grower must manage property to ensure Grower must manage property to ensure

workers don’t enter treated fieldworkers don’t enter treated field

Regulations Under Development: Regulations Under Development: Notification and Early EntryNotification and Early Entry

Established requirements for notification after an Established requirements for notification after an application has been completedapplication has been completed

Minor changes to application-specific information Minor changes to application-specific information requirementrequirement

Adds early entry provisions that EPA established Adds early entry provisions that EPA established (no contact, limited contact provisions)(no contact, limited contact provisions)

Clarifies training and information that must be Clarifies training and information that must be provided to early entry workersprovided to early entry workers

Mitigation Under DevelopmentMitigation Under Development

MITC mitigation under development to MITC mitigation under development to address off-site exposures to bystandersaddress off-site exposures to bystanders

Buffer zones developed for sprinkler, shank, Buffer zones developed for sprinkler, shank, drip, flood, rototiller, and dazomet drip, flood, rototiller, and dazomet applicationsapplications

Working with U.S. EPA on proposalWorking with U.S. EPA on proposal Proposal should be available for comment in Proposal should be available for comment in

Winter 2009Winter 2009

ChallengesChallenges

Development of mitigation measures to Development of mitigation measures to address fumigants, VOCs, and pollutants in address fumigants, VOCs, and pollutants in surface water are new challenges that are surface water are new challenges that are more complex than traditional mitigation more complex than traditional mitigation measuresmeasures

Modeling and other scientific tools are being Modeling and other scientific tools are being used to develop a program used to develop a program

Challenges and PartnershipsChallenges and Partnerships

We are challenged with developing and We are challenged with developing and demonstrating effective mitigation measures.demonstrating effective mitigation measures.

Critical to coordinate with other agencies and Critical to coordinate with other agencies and county agricultural commissionerscounty agricultural commissioners

Commissioner staff have the knowledge and Commissioner staff have the knowledge and experience to assist DPR in solving these experience to assist DPR in solving these problemsproblems

Questions?Questions?

Chuck Andrews, Associate Chuck Andrews, Associate Director Director

<[email protected]><[email protected]>

CDPR Web siteCDPR Web site

<www.cdpr.ca.gov><www.cdpr.ca.gov>

Documents

Department of Pesticide Regulation Update of Regulatory Issues California Association of Standards & Agricultural Professionals Conference Charles M. Andrews