Biologist Exam Preparations and Thoughts, 2011

1. Biologist Exam Preparations and Thoughts, 2011 August, 2011 Tom Babb DPR/CAC Liaison

2. Agenda • Intro • Background information that may or may not be of any use or interest • Possible things that could relate to potential questions on the exam and, that, if contemplated, researched and learned may lead to a productive test taking experience and a productive career • Some other stuff (maybe), and question if you like . . .

3. California Environmental Protection Agency • Cal/EPA brings together all major environmental agencies under one roof: • Pesticide Regulation (Structural Board) • Toxic Substances Control • Air Resources Board • Water Resources Control Board • Office of Environmental Health Hazard Assessment

4. Cal/EPA Goals • Set priorities based on risk • Use best, most consistent science • Enforce the law fairly and uniformly • Open up the regulatory process • View environmental protection and economic progress as complementary goals • Focus on pollution prevention

5. DPR Vision and Mission • Mission: To protect human health and the environment by regulating pesticide sales and use, and by fostering reduced-risk pest management

6. What Is a Pesticide? • Substances that kill or control pests • A pest might be an insect, fungus, weed, rodent, mite, bacteria, virus – in short, any plant, animal or microorganism that causes damage or economic losses, or transmits or produces disease • In California, adjuvantsare also classified aspesticides and must beregistered

7. How Many? How Much? • Registered pesticide products? • About 13,000 products • Active ingredients (including adjuvants)? • About 1,000 • Pounds of pesticide active ingredients sold? • From 560 to 740 million pounds each year, including sanitizers, industrial andhome-and-garden products

8. Federal, State and Local Responsibilities • No pesticide can be used if not federally registered by U.S. EPA (with a few exceptions) • States may set up parallel registrationsystem and may have requirements stricter than U.S. EPA’s • States can review for state-specific conditions (for example, climate, cropping patterns, environmentally sensitive areas) • States can cancel registrations on state-specific grounds

9. Federal, State and Local Responsibilities • U.S. EPA has exclusive authority over pesticide labeling • But states may refuse to register a product if label does not meet its standards • “The label is the law”

10. Pesticide Regulation: History • First laws: 1901 & 1911 • 1921: Registration required • 1940’s: Regulations to limit drift • 1950’s: First limited use reporting • 1970’s: Worker protection rules • 1980’s: Risk assessment, toxic air contaminants, ground water protection • 1990: Full use reporting • 1990s to date: Pesticide risk in air (fumigant and VOC controls) and water

11. DPR Program and Staffing • $79 million budget, funded by regulatory fees • About 400 employees, including more than 30 toxicologists and more than 60 environmental scientists • Field enforcement augmented by about 275 inspector biologists working for commissioners in all 58 counties

12. DPR Structure Executive Office Branches • Enforcement • Environmental Monitoring • Pest Management and Licensing • Worker Health and Safety • Registration • Product Compliance • Medical Toxicology

13. Enforcement DPR’s Enforcement Branch • Oversees compliance with pesticide use requirements in partnership with USEPA and counties • Overall responsibility for pesticide incident investigations • Administers the nation’s largest state monitoring program for analyzing domestic and imported produce for pesticide residues • Provides training to county agricultural staff throughout the state.

14. Environmental Monitoring Assure California’s environment is not adversely affected by pesticides and that all people are protected from unacceptable pesticide risks. “Continuous Evaluation” • Air • Surface Water • Ground Water

15. Pest Management and Licensing • The Pesticide Use Reporting Program analyzes statewide pesticide use • Licensing and Certification (pesticide dealers, pest control advisers, businesses, pilots, etc. • Pest Management Analysis and Planning Program (PMAP) helps reduce adverse environmental impacts and hazards from pesticide use. • The Endangered Species Project provides information on protection of endangered species in California's diverse environment

16. Worker Health and Safety The Worker Health and Safety Branch is responsible for public and worker safety in any area pesticides are used. Goal of zero major pesticide incidents reported. • exposure monitoring • exposure assessment and mitigation • pesticide illness surveillance • workplace evaluation • industrial hygiene

17. Registration • Process approximately 6,000 pesticide registration actions • Process applications for Emergency Exemptions from Registration (Section 18s), Special Local Needs Registrations (SLNs), Experimental Use Permits, and Research Authorizations • Manage the continuous evaluation of pesticide product registrations

18. Product Compliance • Collect mill assessment fee on a quarterly basis from the 1,800 registrants, pest control dealers, and pesticide brokers. • Manage the disbursement of mill assessment funds to County Agricultural Commissioners (CACs) on annual basis. • Calculate and distribute annual mill assessment and gas tax funds to CACs • Ensure responsible parties pay legally sufficient mill assessment on sales of registered pesticide products and to ensure products they sell are registered.      

19. Endangered Species Methyl Iodide Fumigants, generally VOC Air Monitoring Network Ground Water Regulations Surface Water Regulations Kettleman City IPM Grants IPM Innovators Food Safety ERR DPR Current Topics/Issues PREC, PMAC

20. DPR: Integrated Network of Programs • Pesticide product evaluation and registration, and risk mitigation, for public health and safety • Encouraging reduced-risk pest management • Licensing to assure competent users • Use enforcement and permitting • County Agricultural Commissioners • Continuous evaluation!

21. Continuous Evaluation - Environmental Monitoring • Conducts monitoring to determine the environmental fate of pesticides including: • Air • Soil • Ground and surface water • Foliage

22. Continuous Evaluation: Human Exposure Monitoring • Occupational settings: • Worker reentry, mixer handler, applicators • Bystanders: • Air exposures mostly from fumigants • Dietary: • Enforcement of tolerances • Collects and analyzes illness data to determine how future occurrences can be prevented

23. Continuous Evaluation: Risk Assessment • Comprehensive risk assessments • Human health, dietary, air • Peer-reviewed by OEHHA • More than 70% of agricultural pesticides (in pounds used) have gone through risk assessment

24. Mitigation • Impose or amend regulations • Change permit guidance • Registration decisions • Cancellation statutory hurdle: “Uncontrollable adverse effect” • Leads to developing control measures rather than overcome cancellation hurdles

25. County Partnership • County agricultural commissioners under DPR oversight & guidance • Counties assess compliance with pesticide laws and regulations • Investigate pesticide incidents and illnesses • Administer permit program for restricted pesticides • Collect pesticide use reports

26. Mill Assessment Disbursement Counties reimbursed for: • Pest control activities • Costs • Workload • Performance

27. Criteria Items & Apportionment DPR & CACs jointly develop regulations specifying criteria which currently include: • Inspections • Licensees • Applicator certificates • Work Hours • Lines of PUR 3% 3% 3% • Expenditures • Pounds of Pesticides used • Permits & Sites • Population 3% 3% 21% 21% 3% 40%

28. Testing • Pesticide Regulation

29. Possible Topics for Potential Questions • Pest Control Advisor – registration, recommendations • Pesticide Registration • Pesticide Enforcement – Compendium • Licensing • Fumigation • Personal Protective Equipment • Priority Incidents

30. Possible Topics for Potential Questions (continued) • Posting • Bees • Closed Systems • Pilots and Aircraft • Food Safety – tolerances • ‘ag use’ • Restricted Material Permits

31. Possible Topics for Potential Questions (continued) • Restricted Entry Interval • Labels and Labeling • Pesticide Use Reports • Enforcement Response Regulations • Terms: VOC, ‘non-crop’, hazard, drift, laws, regulations, permits, suggested permit conditions, toxicity, PMAC, etc

32. Possible Topics for Potential Questions (continued) • Fumigant Management Plans • Calibration • Endangered Species • Label Knowledge • CEQA, NEPA, FIFRA, CWA • Section 18, 24c, exempt materials • Structural

33. Testing • Environmental Monitoring and Investigation

34. Possible Topics for Potential Questions • Healthy Schools Act • IPM • UCIPM year-round plans and Guides • Pests • Insect, weeds, nematodes, pathogens • Life cycles • Fumigation

35. Possible Topics for Potential Questions • Food Residues • Residue Sampling • Pesticide Investigation • B and P Code • Administrative Civil Penalties • Due Process • Pesticide Episode Investigation Procedures (PISP)

36. Possible Topics for Potential Questions • Enforcement • ERP, ERR, Fines • Investigation Scenarios • Hearings • VOC • MOUs (DIR-DPR-CACASA) (EPA-DPR-CACASA)

37. End Questions about the questions? Anything else?