1. Pesticide Drift and the Area Plan

2. Pesticide Drift SB 391 was chaptered in September 2004. Intent is to deal with the effects of non- occupational exposure to pesticides. The new law requires that pesticide drift protocols be incorporated into area plans (California Code of Regulations, Title 19, Division 2, Chapter 4, Article 3, Sections 2720-2728).

3. Pesticide Drift and the Area Plan Implementation Cal/EPA with other agencies will help develop protocols for emergency response to pesticide drift exposure, to be integrated into local area plans. The violator is responsible to pay medical costs for non- occupational pesticide drift exposure if: - Misuse caused acute illness or injury, and; - Exposed persons seek immediate medical aid, and; - Medical costs are not reimbursed, and; - Pesticide use is for production agriculture. Separate violation counts for each exposed person.

4. Pesticide Drift and the Area Plan Pesticide Drift Protocols Three main categories of protocol requirements: - Pre-emergency planning and training - Communication - Cost recovery or fiscal reimbursement

5. Pesticide Drift and the Area Plan Protocol 1 Protocols for requesting and providing immediate access to pesticide-specific information necessary to assist emergency medical services personnel in identifying pesticides that may be causing a pesticide drift exposure incident and appropriate treatments. This protocol is both planning and communication. Title 19 Sections 2723 and 2726 will be amended to include the requirements of this protocol. (Draft Guidance Document, Page 7)

6. Pesticide Drift and the Area Plan Protocol 2 Protocols to delineate specific agency responsibilities and the process for responding to calls, notifying residents, and coordinating evacuation, if needed. Sections 2723 (Planning), 2725 (Training) and 2726 (Communication) will be amended to accommodate this protocol. (Draft Guidance Document, Page 8)

7. Pesticide Drift and the Area Plan Protocol 3 Protocols to establish emergency shelter procedures and locations to be used in the event evacuation is needed. This is a pre-emergency planning issue. Existing Section 2726 may need to be amended to specifically address this protocol. (Draft Guidance Document, Pages 8 & 9)

8. Pesticide Drift and the Area Plan Protocol 4 Protocols to access services in all languages known to be spoken in the affected area in accordance with Section 11135 of the Government Code. This protocol is about communication. Title 19, Section 2726 will be amended to accommodate this requirement. (Draft Guidance Document, Pages 9 & 10)

9. Pesticide Drift and the Area Plan Protocol 5 Protocols to ensure access to health care within 24 hours of the exposure and up to a week after the exposure. This protocol is both planning and communication. Section 2724 will be amended to include this protocol. (Draft Guidance Document, Page 10)

10. Pesticide Drift and the Area Plan Protocol 6 Protocols to notify medical providers regarding eligibility for reimbursement pursuant to Section 12997.5. This protocol is a pre-emergency planning issue. Section 2723 will be amended to accommodate this protocol. (Draft Guidance Document, Page 10)

11. Pesticide Drift and the Area Plan Exercise Your Area Plan The onset of an emergency is a very poor time to find out what you are supposed to do. Evaluate your plans and procedures. Make sure that all information is current. Train all of the participants. Test and maintain emergency equipment.

12. Pesticide Drift and the Area Plan Where to go for More Information OES’ Website: www.oes.ca.gov OES’ HazMat Staff line: (916) 845-8741 DPR Website: www.cdpr.ca.gov OEHHA Website: www.oehha.org Cal/EPA Website: www.calepa.ca.gov

13. Pesticide Drift and the Area Plan Contact Information OES Moustafa Abou-Taleb916-845-8791 Jack Harrah916-845-8759 DPR Scott Paulsen916-324-4036 OEHHA Robert Schlag916-323-2624 Cal/EPA Don Johnson916-322-8284