DPR Surface Water Protection Regulations 3 CCR sections 6970 and 6972 (and new definitions added to 3 CCR §6000) Effective July 19, 2012

DPR DPR Surface Water Protection Surface Water Protection RegulationsRegulations

3 CCR sections 6970 and 6972 3 CCR sections 6970 and 6972 (and new definitions added to 3 CCR §6000)(and new definitions added to 3 CCR §6000)

Effective July 19, 2012Effective July 19, 2012

OutlineOutline

• Goal/Purpose of Regulations Goal/Purpose of Regulations - (slides 3-5 )- (slides 3-5 )

• Scope of Regulations Scope of Regulations - (slides 6-10)- (slides 6-10)

• Definitions (New)Definitions (New) - (slides 11-12 )- (slides 11-12 )• Regulated ApplicationsRegulated Applications - (slides 14-19)- (slides 14-19)• Prohibited ApplicationsProhibited Applications - (slides 20-28)- (slides 20-28)• Exempt ApplicationsExempt Applications - (slides 29-35)- (slides 29-35)

The Big Picture GoalThe Big Picture Goal

•Reduce surface water contamination from Reduce surface water contamination from pyrethroid insecticides. pyrethroid insecticides.

•Pesticide runoff to surface water is a Pesticide runoff to surface water is a significant source of aquatic toxicity.significant source of aquatic toxicity.

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Why regulate pyrethroids?Why regulate pyrethroids?

•Aquatic life is very sensitive to Aquatic life is very sensitive to pyrethroidspyrethroids..

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Examples of Affected Aquatic LifeExamples of Affected Aquatic Life

Daphnia spp.Daphnia spp.(invertebrates)(invertebrates)

Hyallela spp. Hyallela spp. (amphipod crustaceans)(amphipod crustaceans)

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FishFish

Nonvascular plantsNonvascular plants (algae, etc.)(algae, etc.)

Applications AffectedApplications Affected

Only pesticide applications that meet Only pesticide applications that meet all of the following criteriaall of the following criteria::• outdoor applicationsoutdoor applications• to non-agricultural sites (including to non-agricultural sites (including

structural, residential, industrial, and structural, residential, industrial, and institutional)institutional)

• of any of the 17 specified pyrethroidsof any of the 17 specified pyrethroids• by persons performing pest control for by persons performing pest control for

hire (pest control businesses, including hire (pest control businesses, including landscape maintenance gardeners)landscape maintenance gardeners)

63 CCR §6970

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Applications Applications NOTNOT Affected Affected(not “for hire”)(not “for hire”)

Pesticide applicationsPesticide applications

• by agency and school employeesby agency and school employees

• by business and institutional by business and institutional employeesemployees

• by homeowners and residentsby homeowners and residents

Pesticide Uses Pesticide Uses NOTNOT Affected Affected

• Production agricultural sitesProduction agricultural sites

• Non-production agricultural sites:Non-production agricultural sites:

• Parks, city owned treesParks, city owned trees

• CemeteriesCemeteries

• Golf coursesGolf courses

• Rights of Way Rights of Way

17 Regulated Pesticides 17 Regulated Pesticides (continued on next slide)(continued on next slide)

Active Ingredient Product ExampleBifenthrin Talstar

Cyfluthrin Tempo 20 WP

Beta-cyfluthrin Tempo SC, Cyguard

Gamma-cyhalothrin Standguard

Lambda-cyhalothrin Demand, Cyonara

Cypermethrin Demon Max

Deltamethrin Enforcer, Deltagard

Esfenvalerate Ortho Bug B Gon

Fenpropathrin Tame

Tau-fluvalinate Mavrik

Permethrin Dragnet, Raid

3 CCR §6970

17 Regulated Pesticides (cont.)17 Regulated Pesticides (cont.)

Active Ingredient Product Example

Bioallethrin Ace Wasp & Hornet Killer

S-bioallethrin Zep Ant & Roach Spray

Phenothrin Wasp & Hornet Killer

Prallethrin Flying Insect Spray

Resmethrin Black Flag Fogging Insecticide

Tetramethrin Ortho Hornet & Wasp Killer 4

3 CCR §6970

3 CCR §6000 Definitions3 CCR §6000 Definitions(see text of regulation for complete definition)(see text of regulation for complete definition)

Aquatic habitatAquatic habitat: :

bodies of water, such as lakes, reservoirs, rivers, perennial and bodies of water, such as lakes, reservoirs, rivers, perennial and intermittent streams, wetlands, or ponds, sloughs, and estuariesintermittent streams, wetlands, or ponds, sloughs, and estuaries

Crack and Crevice TreatmentCrack and Crevice Treatment::

application of small amounts of insecticide directly into cracks and application of small amounts of insecticide directly into cracks and crevices in which insects hide or through which they may enter crevices in which insects hide or through which they may enter the buildingthe building

[AND][AND]

only minimal amounts of pesticide should remain on the surface.only minimal amounts of pesticide should remain on the surface.

113 CCR §6000

3 CCR §6000 Definitions 3 CCR §6000 Definitions (cont.)(cont.)(see text of regulation for complete definition)(see text of regulation for complete definition)

Impervious SurfacesImpervious Surfaces: :

hard surfaces, such as concrete or asphalt streets, hard surfaces, such as concrete or asphalt streets, sidewalks, and drivewayssidewalks, and driveways

PrecipitationPrecipitation: :

the condensation of atmospheric water vapor that falls the condensation of atmospheric water vapor that falls under gravity. Precipitation does not include mist or fog.under gravity. Precipitation does not include mist or fog.

Spot Treatment: Spot Treatment:

application to limited areas ≤ 2 sq. ft. on which pests are application to limited areas ≤ 2 sq. ft. on which pests are likely to occur or have been located during the process of likely to occur or have been located during the process of monitoring or inspection. monitoring or inspection.

123 CCR §6000

Surface Water ProtectionSurface Water Protection

I.I. Applications to soft surfacesApplications to soft surfaces

II.II. Applications to hard horizontal Applications to hard horizontal surfaces, or doors and windowssurfaces, or doors and windows

III.III. Applications to vertical surfaces other Applications to vertical surfaces other than doors and windowsthan doors and windows

IV.IV. Prohibited applicationsProhibited applications

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I. Applications to soft surfaces I. Applications to soft surfaces (soil, mulch, gravel, lawn, groundcover)(soil, mulch, gravel, lawn, groundcover)

Limited to four optionsLimited to four options::

(1) (1) Spot Spot treatments; ortreatments; or

(2) (2) Pin stream Pin stream treatments of 1” wide or treatments of 1” wide or less; orless; or

(3) (3) Perimeter band Perimeter band treatmentstreatments << 3 feet 3 feet outwardoutward from the base of a buildingfrom the base of a building**; or; or

143 CCR §6970 (a) (1-3)

* DPR reg more restrictive than U.S. EPA label (no label restriction)

I. I. Applications to soft surfaces Applications to soft surfaces (soil surface, mulch, gravel, lawn, turf, (soil surface, mulch, gravel, lawn, turf, groundcover) cont.groundcover) cont.

(4) (4) BroadcastBroadcast treatmentstreatments, , but but notnot within within 2 feet of horizontal impervious 2 feet of horizontal impervious surfacessurfaces Pin stream Pin stream treatments of treatments of <<1” can be 1” can be made within the 2-foot made within the 2-foot no-broadcast-no-broadcast-treatmenttreatment zone zone

3 CCR §6970 (a) (4)

I. I. Applications to soft surfacesApplications to soft surfaces (soil surface, mulch, gravel, lawn, turf,(soil surface, mulch, gravel, lawn, turf, groundcover) cont. groundcover) cont.

• BroadcastBroadcast preconstructionpreconstruction termiticide termiticide treatments done prior to precipitation…treatments done prior to precipitation…

Site must be covered w/waterproof covering Site must be covered w/waterproof covering OROR concrete slab must be poured over treated concrete slab must be poured over treated soil. soil. [and see slide # 27][and see slide # 27]

163 CCR §6970 (a) (5)

I. I. Applications to soft surfaces Applications to soft surfaces (soil surface, mulch, gravel, lawn, turf, (soil surface, mulch, gravel, lawn, turf, groundcover) cont.groundcover) cont.

• Regardless of the application method, if you Regardless of the application method, if you apply a granular pesticide, any granules must apply a granular pesticide, any granules must be swept that land on horizontal impervious be swept that land on horizontal impervious surfaces back onto treatment site surfaces back onto treatment site

173 CCR §6970 (d)

II. Applications to horizontal II. Applications to horizontal impervious surfaces, or to doors impervious surfaces, or to doors and, windowsand, windows

Limited toLimited to: :

(1)(1) Spot Spot treatmenttreatment

(2)(2) Crack and creviceCrack and crevice

(3)(3) Pin stream Pin stream of 1 inch or lessof 1 inch or less

183 CCR §6970 (b) (1-3)

III. Applications to vertical surfaces III. Applications to vertical surfaces other than doors, or windowsother than doors, or windows

Limited toLimited to::

(1) (1) Spot Spot treatmentstreatments(2) (2) Crack and creviceCrack and crevice(3) (3) Pin stream Pin stream of 1 inch or lessof 1 inch or less(4) (4) Perimeter band Perimeter band treatment up to a treatment up to a max. of max. of 2 feet above grade level2 feet above grade level**

193 CCR §6970 (c) (1-4)

* DPR reg more restrictive than U.S. EPA label (3 feet above grade level)

IV. Prohibited Applications IV. Prohibited Applications

• No applications No applications duringduring rainfall rainfall

(except those to the underside of eaves)(except those to the underside of eaves)

203 CCR §6970 (e) (1)

IV. Prohibited Applications IV. Prohibited Applications (cont.) (cont.)

• No applications to any horizontal No applications to any horizontal surface (including the soil surface, surface (including the soil surface, mulch, gravel, lawn, turf, groundcover, mulch, gravel, lawn, turf, groundcover, or horizontal impervious surfaces) or horizontal impervious surfaces) with with standing water, including puddlesstanding water, including puddles

3 CCR §6970 (e) (2) 21


No applications to sewer or storm drains or No applications to sewer or storm drains or curbside gutterscurbside gutters

223 CCR §6970 (e) (3)

IV. Prohibited Applications IV. Prohibited Applications (cont.)(cont.)

• No applications to No applications to constructed drainage constructed drainage systems systems that drain to a sewer/storm that drain to a sewer/storm drain, curbside gutter, or drain, curbside gutter, or aquatic habitat aquatic habitat

3 CCR §6970 (e) (4) 23


Constructed Drainage SystemsConstructed Drainage Systems

Visible drainage grate connected to drain pipeVisible drainage grate connected to drain pipe

3 CCR §6970 (e) (4) (A) 24


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Visible french drain, landscaped dry river bed, Visible french drain, landscaped dry river bed, swale or trench filled with gravel or rockswale or trench filled with gravel or rock

Constructed Drainage Systems Constructed Drainage Systems

3 CCR §6970 (e) (4) (B)


No applications to No applications to anyany horizontal surface horizontal surface (soil, turf, etc., (soil, turf, etc., oror impervious impervious oror preconstruction) preconstruction) within 25 feetwithin 25 feet of aquatic of aquatic habitat habitat located located downgradientdowngradient from the from the application siteapplication site

263 CCR §6970 (e) (5)


No applications to a No applications to a preconstructionpreconstruction termiticide site termiticide site within 10 feet of a storm within 10 feet of a storm draindrain located located downgradientdowngradient from the from the applicationapplication

273 CCR §6970 (e) (6)


No applications to No applications to plants/trees/shrubsplants/trees/shrubs if standing waterif standing water in dripline in dripline oror ““perimeterperimeter” ” area of those plantsarea of those plants

283 CCR §6970 (f)

Exempt ApplicationsExempt Applications

•Injections into soil or structural Injections into soil or structural materials (concrete, wood)materials (concrete, wood)

293 CCR §6972 (a)

Exempt Applications Exempt Applications (cont.)(cont.)

• PostPost-construction -construction

rod / trench termiticide appsrod / trench termiticide apps

3 CCR §6972 (b) 30


•Apps to below-ground insect nests Apps to below-ground insect nests made of mud or paper combmade of mud or paper comb

313 CCR §6972 (c)


• Applications of Applications of baitsbaits toto weather–proof weather–proof bait stations bait stations

oror as as “gel baits”“gel baits”

3 CCR §6972 (d)


•Applications to receiving waters for Applications to receiving waters for which an which an NPDESNPDES* permit has been * permit has been issued for pesticide discharges to issued for pesticide discharges to waters of the U.S. from spray waters of the U.S. from spray applications and vector control applications and vector control applicationsapplications

**NPDESNPDES = National Pollutant Discharge Elimination System= National Pollutant Discharge Elimination System

333 CCR §6972 (e)


• Applications to the underside of eavesApplications to the underside of eaves

343 CCR §6972 (f)


•Fogger or aerosol applicationsFogger or aerosol applications

353 CCR §6972 (g)

Solving The Puzzle…Solving The Puzzle…When Do These Regs Apply?When Do These Regs Apply?

To help you in the field:To help you in the field:

Questions to ask about the application Questions to ask about the application

Is the pyrethroid listed?Is the pyrethroid listed? Is the application listed as exempt in 3 CCR Is the application listed as exempt in 3 CCR §§6972?6972? Is the application Is the application methodmethod listed in the listed in the

surface water regs?surface water regs? Is the Is the use site use site listed? listed? Is the treatment site Is the treatment site adjacent toadjacent to a “problem” area?a “problem” area? Is the surface area Is the surface area typetype listed? (soil, lawn, concrete)listed? (soil, lawn, concrete)

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THE ENDTHE END

For more information, contact the For more information, contact the Enforcement Branch Liaison Enforcement Branch Liaison

assigned to your county.assigned to your county.

Documents

DPR Surface Water Protection Regulations 3 CCR sections 6970 and 6972 (and new definitions added to 3 CCR §6000) Effective July 19, 2012