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Restricted Materials and Permitting Training

Restricted Materials and Permitting Training. 2006-2007. Introduction. Volume #3 of the Pesticide Use Enforcement Program Standards Compendium The content of this volume supersedes any previous policy or direction on this subject

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Restricted Materials and Permitting Training

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  1. Restricted Materials and Permitting Training 2006-2007

  2. Introduction • Volume #3 of the Pesticide Use Enforcement Program Standards Compendium • The content of this volume supersedes any previous policy or direction on this subject • Will be the standard against which county programs are evaluated • CAC may deviate from these procedures provided the deviation doesn’t impact CAC PUE Program or DPR statewide Enforcement Program Oversight

  3. Manual Chapters • California’s Restricted Materials Permitting Program • Restricted Use Pesticides and Restricted Materials • Environmental Impact Report Functional Equivalency • Private Applicator Certification • Permits and Exemptions • Permit Requirements • Permit Evaluations • (Pre-Application) Site Evaluations • Grounds for Refusal, Revocation, and Suspension • Due Process Related To Permits • County Agricultural Commissioner’s Permit Review • Appeals to the Director for Additional Review

  4. Changes to Restricted Materials Permitting Policy • Chapter 6—Permit Requirements (also see Appendix subsection C.6.1 on commodity fumigation) • Chapter 7—Permit Evaluations • Chapter 10—Due Process Related to Permits • Appendix C—Recommended Permit Conditions

  5. History and Background Leading to the Restricted Materials Permit Program • 1970 - CEQA (California Environmental Quality Act) • 1976 - Attorney General Decision: County Restricted Materials Permitting (RMP) falls under CEQA • 1979 - Functional equivalency • 2001 - Challenged • 2005 - Resolved RMP manual page 1-1

  6. CEQA SCOPE • Does not cover private projects • Covers: • Government projects • Government financed projects • Government approved projects

  7. Functional Equivalency • Part of CEQA from the start • Amended by Chap 308 statute of 1978 (AB 3765) • 3 key points of program: • Document local environmental impacts • Consider mitigation or alternatives • Consult with local agencies

  8. NOT: CEQA Functional Equivalency BUT: EIR Functional Equivalency 5 & 7 Chapters do apply to permits (Note Chapter 5, authority to require information)

  9. Definition of Non-Agricultural Use • Non-agricultural use: Includes the sale or use of pesticides in properly labeled packages or containers which are intended for any of the following: • Home use (includes residential) labels with directions in “per square feet” • Use in structural pest control (no agricultural commodity involved) • Industrial or institutional use • The control of an animal pest under the written prescription of a veterinarian • Local districts or other public agencies which have entered into and operate under a DHS cooperative agreement

  10. Definition of Agricultural Use • Production Ag. Use: Any use to produce a plant or animal agricultural product (food, feed, ornamental, or forest) that will be distributed in the channels of trade

  11. Examples of Variable Use Classification • A tree • Milk handling equipment • Ag product fumigation • Swimming pool

  12. Classify the Following: Production Ag or Non-Production Ag • Apiaries • Cemeteries • Aquaculture • Field packing • Ditch banks • Farm roads • Christmas trees • Lakes, rivers, and streams

  13. RUPs and RMs • RUP=Restricted Use Pesticides (Federal) • Potential to cause unreasonable adverse effects on human health or the environment • RM=Restricted Material (California) • Can impair human health or pose hazards to the environment • Includes all RUPs, section 18s, dusts (>25 pound containers), section 6800(a) listed (ground water protection), section 6400(e) RMP manual page 2-1

  14. Pesticides Exempt from Permit • Exempt materials (FAC 14006.7) • RUPs—unless listed in 6400(e) • Antifouling and tributyltin paints • Research authorizations • Certain ground water protection pesticides RMP manual page 5-1

  15. Persons Exempt From Permit • Registrants and manufacturers • Dealers • Structural businesses • Commercial warehouses • Common carriers

  16. Permits for RUPs and Non-Restricted Pesticides • CAC has authority to require permit for any use of a RUP or agricultural use of a non-restricted pesticide (FAC 14006.6) • Must make determination that pesticide cannot be used under local conditions without presenting an undue hazard • Determination is permanent until cancelled, unless limited by sunset clause

  17. Step # 1 Step # 2 Step # 3 Step # 4 Step # 5 Step # 6 Step # 7

  18. More than one hazard per pesticide Tools available: Pesticide labeling DPR Risk Characterization 3 CCR section 6432 DPR recommended permit conditions Step #1: Hazard Identification RMP manual page 7-2

  19. Can people or the environment be adversely impacted from the pesticide application runoff, leaching and off-site movement? Sensitive site may vary based on the specific hazard of the particular pesticide 3 CCR 6438 requires permit applicant must include sensitive sites in the permit application Step #2: Sensitive Sites Identification

  20. Step #2: FAC Section 14006.5 Requirements • CAC staff to consider • Sensitive areas: schools, dwelling etc…. • Heterogeneous crops • Resurgence of secondary pest problems • Weather • Bees • Storage and disposal

  21. If a sensitive area exists, presume that there is a likelihood of substantial adverse impact on the environment Step #3: Likelihood of Adverse Impact RMP manual page 7-3

  22. Do regulations or label adequately mitigate the hazard? Specific buffer distances may be cited in the regulations If not, judgment must be used Step #4: Existing Mitigation

  23. Permit applicant/PCA must consider mitigation measures Ask applicant to identify the mitigation measures and document response If applicant did not consider mitigation measures, refuse to issue permit 3 CCR section 6426 Step #5A: Additional Mitigation

  24. Step #5B: Additional Mitigation • If unmitigated hazards remain: • DPR recommended permit conditions • County permit conditions • 3 CCR section 6432

  25. Step #5: Permit Conditions • Appendix C • General Drift Minimization • 1,3-Dichloropropene • Carbofuran • Ground Water Protection Alternatives • Metam Products • MeBr & Sulfuryl Fluoride • Rice Pesticides • DEF, tribufos RMP manual page C.1

  26. Permit applicant/PCA must consider alternatives Ask applicant to identify alternatives and document response If applicant did not consider alternatives, refuse to issue permit 3 CCR section 6426 Step #6A: Alternatives RMP manual page 7-4

  27. If hazards cannot be mitigated: CAC must consider alternatives If feasible alternatives exist, deny permit 3 CCR section 6432 Step #6B: Alternatives RMP manual page 7-4

  28. Step #7: Benefit Analysis • Serious uncontrollable adverse environmental effects with no feasible alternatives: • Consult with EBL • May issue permit only if benefit gained from the use is greater than the risk to the public or environment RMP manual page 7-5

  29. Permit Evaluation • Initiated with the RMP application • Continues with the CAC’s review of each NOI • CAC’s NOI review and acceptance or denial signals the completion of the evaluation process • CAC is responsible for knowing local conditions and utilizing that knowledge

  30. Reviewing and Evaluating the NOI • NOI provides specific and critical information not available when RMP was issued • The property operator is responsible for assuring the NOI is submitted • NOI is part of the permit RMP manual page 7-12

  31. Reviewing the NOI • CAC will review NOI and make sure: • Location matches permit locations • Permit requirements from 3 CCR 6428 (g-i) are included • Environmental conditions have not changed

  32. Evaluating the NOI • CAC must review all NOI’s prior to the application: • Compare the NOI against the permit • Review proposed application • Review maps for accuracy

  33. Handling Permit Refusal • Grounds and time frames: • Based upon violations • Outstanding fines • Based upon permit evaluation • Based upon FAC section 14006.5 • Pesticide is not registered for the site • Label and regulatoryrequirements cannotbe met RMP manual page 9-1

  34. Handling Permit Refusal: Due Process • CAC shall inform the permittee in writing • Written Notice of Proposed Action (NOPA) : “Notice and hearing” • If a hearing is set, it must be within 7 days • CAC decision issued within 10 days after the conclusion of the hearing • All permit refusals must be documented

  35. Class Exercise

  36. Questions and Answers

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