DPR Regulatory Updates:DPR Regulatory Updates:Surface Water RegulationsSurface Water Regulations

Peggy ByerlyPeggy Byerly

Department of Pesticide RegulationDepartment of Pesticide Regulation

Enforcement BranchEnforcement Branch

DPR-SPCB Structural TrainingDPR-SPCB Structural Training

Pomona, CAPomona, CA

June 14, 2012June 14, 2012

OutlineOutline

Uses not covered in SW non-ag Uses not covered in SW non-ag

Proposed Surface Water RegsProposed Surface Water Regs

“ “Why, What, Where, & When”Why, What, Where, & When”

What’s next in water?What’s next in water?

(Bifenthrin, etc.)(Bifenthrin, etc.)2

Uses we are Uses we are NOTNOT proposing to proposing to regulate at this timeregulate at this time

Production agriculture sitesProduction agriculture sites

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Uses we are Uses we are NOTNOT proposing to proposing to regulate at this timeregulate at this time

Other “Agricultural” sitesOther “Agricultural” sites: : Parks, city owned treesParks, city owned trees CemeteriesCemeteries Golf courses Golf courses Right of WayRight of Way

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SW “Non-Ag” Proposal: Why?SW “Non-Ag” Proposal: Why?

• PyrethroidsPyrethroids are mainly associated are mainly associated with sediment contamination with sediment contamination (measured as LC(measured as LC5050 for certain for certain

aquatic species mortality)aquatic species mortality)

• Runoff from pesticide applications is Runoff from pesticide applications is a significant source of aquatic levelsa significant source of aquatic levels

• Certain types of aquatic life are very Certain types of aquatic life are very sensitive to pyrethroid levels in watersensitive to pyrethroid levels in water

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Examples of Aquatic Life AffectedExamples of Aquatic Life Affected

Invertebrates such as: Daphnia spp.Daphnia spp.(water fleas)(water fleas)

Hyallela spp. Hyallela spp. (amphipod crustaceans)

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Other aquatic lifeOther aquatic life: FISHFISH

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

SW Non-Ag Regs Proposal:SW Non-Ag Regs Proposal:The Big Picture GoalThe Big Picture Goal

DPR’s Main Focus For These RegsDPR’s Main Focus For These Regs::

ReduceReduce amountamount of pyrethroid pesticides of pyrethroid pesticides applied for certain sites by certain methodsapplied for certain sites by certain methods

Reduce exposure of recently applied Reduce exposure of recently applied pyrethroid pesticides to pyrethroid pesticides to rainfallrainfall

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SW Non-Ag Regs ProposalSW Non-Ag Regs Proposal

““There’s always an exception There’s always an exception

to every rule…”to every rule…”

3CCR 69723CCR 6972

Exemptions* from Surface Water Exemptions* from Surface Water Protection in Outdoor Nonagricultural Protection in Outdoor Nonagricultural

SettingsSettings

**((66 categories of exemptions in 6972) categories of exemptions in 6972)8

Exempt Applications (3CCR 6972)Exempt Applications (3CCR 6972) Injections into soil or structural Injections into soil or structural

materials (concrete, wood)materials (concrete, wood)

PostPost-construction -construction rod / trench termiticide appsrod / trench termiticide apps

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Exempt Applications (3CCR 6972)Exempt Applications (3CCR 6972)

Apps to below-ground insect Apps to below-ground insect nests; mud / paper combnests; mud / paper comb

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

oror as as “gel baits”“gel baits”

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Exempt Applications (3CCR 6972)Exempt Applications (3CCR 6972)

Apps to waters that are already Apps to waters that are already under the NPDES* permit - for under the NPDES* permit - for Vector Control and other spray Vector Control and other spray applications (Issued by state Water applications (Issued by state Water Board)Board)

*NPDES = National Pollutant Discharge NPDES = National Pollutant Discharge Elimination System (for pesticide Elimination System (for pesticide discharges to waters of the U.S.)discharges to waters of the U.S.)

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Exempt Applications (3CCR 6972)Exempt Applications (3CCR 6972)

Fogger or aerosol applicationsFogger or aerosol applications

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Exempt Applications (3CCR 6972)Exempt Applications (3CCR 6972)

Applications to the Applications to the

underside of eavesunderside of eaves

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SW “Non-Ag” Regs Proposal:SW “Non-Ag” Regs Proposal:“What “What DoesDoes This Cover?” This Cover?”

outdooroutdoor nonagriculturalnonagricultural use* of use* of specifiedspecified pyrethroidpyrethroid pesticides pesticides

applied byapplied by pest control businessespest control businesses toto protect surface waterprotect surface water

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SW “Nonag” Regs ProposalSW “Nonag” Regs Proposal“What “What DoesDoes This Cover?” This Cover?”

**New 3CCR Section 6970 will specify New 3CCR Section 6970 will specify that these surface water that these surface water

regulationsregulationsfor outdoor non ag usefor outdoor non ag use

applies to applies to persons performingpersons performing

pest control for hire atpest control for hire at structural, residential, structural, residential,

industrial, & institutionalindustrial, & institutionalsitessites 15

3CCR 6000 New Definitions3CCR 6000 New Definitions

Crack and Crevice TreatmentCrack and Crevice Treatment

Application of small amounts of Application of small amounts of insecticide directly into [insecticide directly into [c & cc & c] in which ] in which insects hide or through which they insects hide or through which they may enter the building…may enter the building…

[ AND ][ AND ]Only minimal amounts of pesticide Only minimal amounts of pesticide

should remain on the surface.should remain on the surface.

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3CCR 6000 New Definitions3CCR 6000 New Definitions

PrecipitationPrecipitationThe condensation of atmospheric The condensation of atmospheric water vapor that falls under gravity.water vapor that falls under gravity.

Spot Treatment Spot Treatment Application to limited areas Application to limited areas << 2 sq ft. 2 sq ft. on which pests are likely to occur or on which pests are likely to occur or have been located during the have been located during the process of monitoring or inspection.process of monitoring or inspection.

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3CCR 6000 New Definitions3CCR 6000 New Definitions

“ “Aquatic Habitat”Aquatic Habitat”

MeansMeans bodies of waterbodies of water such as:such as:

Lakes, reservoirs, rivers, Lakes, reservoirs, rivers, perennial perennial oror intermittent streams, intermittent streams, wetlands or ponds, sloughs, and wetlands or ponds, sloughs, and estuaries. estuaries.

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WhatWhat Pyrethroids Are Impacted? Pyrethroids Are Impacted?

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WhatWhat Pyrethroids Are Impacted? Pyrethroids Are Impacted?

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Pyrethroids Pyrethroids LEASTLEAST impacted impacted

6 Pyrethroids = Minimal Impact

Because of one or more of the following:

•use(s) exempteduse(s) exempted•use use sitessites protected from rainfall protected from rainfall

•very low reported usevery low reported use•very short half livesvery short half lives

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Pyrethroids Pyrethroids LEASTLEAST impacted impacted

Active IngredientActive Ingredient

Bioallethrin

S-bioallethrin

Phenothrin

Prallethrin

Resmethrin

Tetramethrin

Product Example

Ace Wasp/Hornet KillerAce Wasp/Hornet Killer

Zep Ant & Roach SprayZep Ant & Roach Spray

Wasp & Hornet KillerWasp & Hornet Killer

Flying Insect SprayFlying Insect Spray

Black Flag Fogging InsecticideBlack Flag Fogging Insecticide

Ortho Hornet/Wasp Killer 4Ortho Hornet/Wasp Killer 4

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Pyrethroids Pyrethroids MOSTMOST impacted impacted

Active Ingredient

Bifenthrin

CyfluthrinCyfluthrin

Beta-cyfluthrinBeta-cyfluthrin

Gamma-cyhalothrin

Lambda-cyhalothrinLambda-cyhalothrin

CypermethrinCypermethrin

Product ExampleProduct Example

Talstar

Tempo 20 WPTempo 20 WP

Tempo SC, CyguardTempo SC, Cyguard

Standguard

Demand, CyonaraDemand, Cyonara

Demon MaxDemon Max

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Pyrethroids Pyrethroids MOSTMOST impacted impacted

Active Ingredient

DeltamethrinDeltamethrin

EsfenvalerateEsfenvalerate

FenpropathrinFenpropathrin

Tau-fluvalinateTau-fluvalinate

PermethrinPermethrin

Product ExampleProduct Example

Enforcer, DeltagardEnforcer, Deltagard

Ortho Bug B GonOrtho Bug B Gon

TameTame

MavrikMavrik

Dragnet, RaidDragnet, Raid

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Specific SW RequirementsSpecific SW Requirements3CCR 69703CCR 6970

5 5 categoriescategories included in SW regs: included in SW regs:

A)Exempt Applications (3CCR 6972)

B)B)Applications to Soil & GroundcoverApplications to Soil & Groundcover

C)C)HorizontalHorizontal Impervious SurfacesImpervious Surfaces

D)D)Vertical “Structural” SurfacesVertical “Structural” Surfaces

E)Prohibited Applications

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Applications allowed to:Applications allowed to:Soil Surface, Mulch, Gravel, Lawn, Soil Surface, Mulch, Gravel, Lawn,

Turf, or GroundcoverTurf, or Groundcover

Limited to these typesLimited to these types:

•Spot treatmentsSpot treatments

•Pin stream Pin stream treatments of 1” wide or lesstreatments of 1” wide or less

•Perimeter band Perimeter band treatmentstreatments << 3 feet wide3 feet wide from the basefrom the base of a building outwardof a building outward

•Broadcast treatments, Broadcast treatments, but but notnot within within 2 feet of horizontal impervious surfaces2 feet of horizontal impervious surfaces

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Applications allowed to soil surface, Applications allowed to soil surface, mulch, gravel, lawn, turf, groundcover mulch, gravel, lawn, turf, groundcover

• Pin stream treatments of Pin stream treatments of <<1” can be made 1” can be made within the 2-foot within the 2-foot no-treatmentno-treatment zone zone

• Must sweep granules that land on horizontal Must sweep granules that land on horizontal impervious surfaces back onto treatment site impervious surfaces back onto treatment site

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Applications allowed to soil surface, Applications allowed to soil surface, mulch, gravel, lawn, turf, groundcover mulch, gravel, lawn, turf, groundcover

• BroadcastBroadcast preconstructionpreconstruction termiticidetermiticide treatments done prior to precipitation…treatments done prior to precipitation…Site must be covered w/waterproof Site must be covered w/waterproof covering covering OROR concrete slab must be poured concrete slab must be poured over treated soil .over treated soil .

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Applications allowed to:Applications allowed to:HorizontalHorizontal “Impervious Surfaces” “Impervious Surfaces”

""Impervious SurfacesImpervious Surfaces""Means Means hardhard surfaces, such as: surfaces, such as:

Concrete or asphalt streetsConcrete or asphalt streets SidewalksSidewalks DrivewaysDriveways

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Applications methods allowed to:Applications methods allowed to: VerticalVertical Structural Surfaces Structural Surfaces

Examples of Vertical Structural SurfacesExamples of Vertical Structural Surfaces

3CCR 6970(c)3CCR 6970(c)

WallsWalls FoundationsFoundations

Windows and doorsWindows and doors FencingFencing

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Application methods allowed toApplication methods allowed to VerticalVertical Structural Surfaces Structural Surfaces

LIMITED TO:

SpotSpot Crack and creviceCrack and crevice

Pin stream of 1 inch or lessPin stream of 1 inch or less Perimeter band Perimeter band up to a maximum of up to a maximum of

2 feet above grade level2 feet above grade level

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Prohibited Applications Prohibited Applications

No applications No applications duringduring rainfall rainfall(except those under eaves)(except those under eaves)

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Prohibited Applications Prohibited Applications

No applications to No applications to plants/trees/shrubsplants/trees/shrubs IF IF standing water standing water in dripline in dripline oror “Perimeter” area “Perimeter” area

of those plantsof those plants

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No applications to No applications to surface surface areasareas, including soil, lawn, turf, , including soil, lawn, turf, groundcover or horizontal groundcover or horizontal impervious surfaces impervious surfaces with with standingstanding waterwater (or puddles)(or puddles)

Prohibited Applications Prohibited Applications No applications to sewer or storm drains No applications to sewer or storm drains

or curbside guttersor curbside gutters

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No applications to No applications to constructed constructed drainage systems drainage systems that drain to a that drain to a

sewer/storm drain, curbside gutter, sewer/storm drain, curbside gutter, or or aquatic habitat aquatic habitat

Constructed Drainage Systems Constructed Drainage Systems

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

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

Prohibited Applications Prohibited Applications

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

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Prohibited Applications Prohibited Applications

No applications to a No applications to a preconstructionpreconstruction termiticide site termiticide site within 10 feet of a within 10 feet of a storm drainstorm drain located located downgradientdowngradient from the applicationfrom the application

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

Quick Summary:Quick Summary:

For a For a PCBPCB doing a doing a pyrethroid pyrethroid applicationapplication with certain with certain active ingredients active ingredients and applyingand applying the pesticide the pesticide outdoors outdoors to certain types of to certain types of sitessites and on certain types ofand on certain types of “surfaces”“surfaces”……

Some (or most) of these new surface water Some (or most) of these new surface water regulations will apply to those applications.regulations will apply to those applications.

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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

Pyrethroid with an Pyrethroid with an active ingredientactive ingredient that’s listed?that’s listed? Not listed as Not listed as “exempt”“exempt”?? Application Application methodmethod covered in SW regs? covered in SW regs? SiteSite is listed? is listed? Or is treatment site Or is treatment site adjacent toadjacent to a “problem” area?a “problem” area? Surface area Surface area typetype listed? listed? (soil, lawn, concrete)(soil, lawn, concrete)

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DPR 2012 SW Timeline UpdateDPR 2012 SW Timeline Update SW proposed regulations noticed 2011-12SW proposed regulations noticed 2011-12

Final comment period was March 6-21, 2012Final comment period was March 6-21, 2012

If accepted, regulations will be adopted in If accepted, regulations will be adopted in Summer 2012Summer 2012

EPA is now working with registrants & DPR EPA is now working with registrants & DPR to adopt more stringent to adopt more stringent BIFENTHRINBIFENTHRIN label label requirements – requirements – expect them by ~2016expect them by ~2016

Why is Bifenthrin Unique?Why is Bifenthrin Unique?

Most widely detected pyrethroidMost widely detected pyrethroid

Very long livedVery long lived

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What’s Next In Water? What’s Next In Water? (re: Fipronil & “Ag” SW Regs)(re: Fipronil & “Ag” SW Regs)

Water Monitoring for fipronil to determine Water Monitoring for fipronil to determine the potential scope of the problemthe potential scope of the problem

Fipronil registrant developed a Fipronil registrant developed a stewardship program for PCBs to stewardship program for PCBs to educate them on proper use to avoid SW educate them on proper use to avoid SW runoff problems. You can go online to runoff problems. You can go online to download it as an outreach tool.download it as an outreach tool.

DPR will be working with production ag DPR will be working with production ag industry groups to ultimately develop SW industry groups to ultimately develop SW regs that will apply to their sites/methodsregs that will apply to their sites/methods

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http://cdpr.ca.gov/docs/legbills/rulepkgs.htm

THE ENDTHE END

For more information about DPR’s For more information about DPR’s Surface Water Regulations: Surface Water Regulations: