1. Surface Water Regulations for Nonagricultural Pesticides Mark Pepple Department of Pesticide Regulation Urban Pesticide Committee Oakland, CA October 18, 2011 1

2. Outline What are we proposing? What are we proposing? Why? Why? Specific requirements Specific requirements Timeline Timeline Bifenthrin Bifenthrin What’s next? What’s next? 2

3. Outline What are we proposing? What are we proposing? Why? Why? Specific requirements Specific requirements Timeline Timeline Bifenthrin Bifenthrin What’s next? What’s next? 3

4. Proposal Regulate the Regulate the - outdoor - nonagricultural use of - specified pyrethroid pesticides applied by - pest control businesses to - pest control businesses to - protect surface water 4

5. Main focus Reduce amount of pesticides applied Reduce amount of pesticides applied Reduce exposure of pesticides to rainfall Reduce exposure of pesticides to rainfall 5

6. Nonagricultural use Outdoor institutional use Outdoor institutional use (office complexes, schools) (office complexes, schools) Outdoor industrial use Outdoor industrial use (factories, water treatment plants, (factories, water treatment plants, retail nurseries) retail nurseries) Outdoor structural use Outdoor structural use Outdoor residential use Outdoor residential use 6

7. Uses we are not proposing to regulate at this time Parks, city owned trees Parks, city owned trees Cemeteries Cemeteries Golf courses Golf courses 7

8. Uses we are not proposing to regulate at this time Rights of way 8

9. Which pyrethroids? Those: Subject to U.S. EPA’s Environmental Hazard and General Labeling for Pyrethroid Non- Agricultural Outdoor Products Notification of June 4, 2009, and Subject to U.S. EPA’s Environmental Hazard and General Labeling for Pyrethroid Non- Agricultural Outdoor Products Notification of June 4, 2009, and Registered for outdoor structural, residential, industrial, or institutional use in California Registered for outdoor structural, residential, industrial, or institutional use in California 9

10. Pyrethroids most impacted (sample products) bifenthrin (Talstar, Bisect G ® ) bifenthrin (Talstar, Bisect G ® ) cyfluthrin (Tempo 20 WP Insecticide ® ) cyfluthrin (Tempo 20 WP Insecticide ® ) beta-cyfluthrin (Cyguard ® ) beta-cyfluthrin (Cyguard ® ) gamma-cyhalothrin (Proaxis ® ) gamma-cyhalothrin (Proaxis ® ) lambda-cyhalothrin (Cyonara, Demand G ® ) lambda-cyhalothrin (Cyonara, Demand G ® ) cypermethrin (Demon Max ® ) cypermethrin (Demon Max ® ) 10

11. Pyrethroids most impacted (continued) (sample products) deltamethrin (Deltagard, Enforcer) deltamethrin (Deltagard, Enforcer) esfenvalerate (Ortho Bug B Gon) esfenvalerate (Ortho Bug B Gon) fenpropathrin (Danitol, Tame) fenpropathrin (Danitol, Tame) tau-fluvalinate (Mavrik Perimeter ® ) tau-fluvalinate (Mavrik Perimeter ® ) permethrin (Ambush, Pounce) permethrin (Ambush, Pounce) 11

12. Pyrethroids least impacted (sample products) Because: use exempted use exempted use sites protected from rainfall use sites protected from rainfall very low reported use very low reported use very short half lives very short half lives 12

13. Pyrethroids least impacted (sample products) Ace Wasp and Hornet Killer ® ) bioallethrin (Ace Wasp and Hornet Killer ® ) Zep Ant & Roach Spray ® ) S-bioallethrin (Zep Ant & Roach Spray ® ) Wasp & Hornet Killer ® ) phenothrin (Wasp & Hornet Killer ® ) Flying Insect Spray ® ) prallethrin (Flying Insect Spray ® ) Black Flag Fogging Insecticide ® ) resmethrin (Black Flag Fogging Insecticide ® ) Ortho Hornet & Wasp Killer 4 ® ) tetramethrin (Ortho Hornet & Wasp Killer 4 ® ) 13

14. Applications covered by pest control businesses, including maintenance gardeners by pest control businesses, including maintenance gardeners 14

15. by agency and school employees by agency and school employees by business and institutional employees by business and institutional employees by homeowners by homeowners Applications not covered 15

16. Main use reporting categories covered Landscape maintenance Landscape maintenance Structural pest control Structural pest control 16

17. Outline What are we proposing? What are we proposing? Why? Why? Specific requirements Specific requirements Timeline Timeline Bifenthrin Bifenthrin What’s next? What’s next? 17

18. Why regulate pyrethroids? Many pyrethroid detections in sediment Many pyrethroid detections in sediment 18

19. Are levels detected toxic? Registrants and others develop aquatic life LC 50 values for pyrethroids in sediment Registrants and others develop aquatic life LC 50 values for pyrethroids in sediment 19

20. Examples of aquatic life Fish Fish 20

21. Examples of aquatic life Invertebrates such as Invertebrates such as - Daphnia spp. (water fleas) - Hyallela spp. (amphipod crustaceans) crustaceans) 21

22. Examples of aquatic life Nonvascular plants such as algae Nonvascular plants such as algae 22

23. Aquatic toxicity Pyrethroids are mainly associated with sediment Pyrethroids are mainly associated with sediment 23

24. Aquatic toxicity Pyrethroids are mainly associated with sediment Pyrethroids are mainly associated with sediment Hyallela is the main indicator of sediment toxicity Hyallela is the main indicator of sediment toxicity 24

25. Aquatic toxicity Pyrethroids are mainly associated with sediment Pyrethroids are mainly associated with sediment Hyallela is the main indicator of sediment toxicity Hyallela is the main indicator of sediment toxicity Hyallela is the most sensitive aquatic species to pyrethroids (LC 50 is the lowest) Hyallela is the most sensitive aquatic species to pyrethroids (LC 50 is the lowest) 25

26. Aquatic toxicity Pyrethroids are mainly associated with sediment Pyrethroids are mainly associated with sediment Hyallela is the main indicator of sediment toxicity Hyallela is the main indicator of sediment toxicity Hyallela is the most sensitive aquatic species to pyrethroids (LC 50 is the lowest) Hyallela is the most sensitive aquatic species to pyrethroids (LC 50 is the lowest) Therefore, pyrethroid concentrations in sediment are usually compared to Hyallela LC 50 values Therefore, pyrethroid concentrations in sediment are usually compared to Hyallela LC 50 values 26

27. Aquatic toxicity Pyrethroids are mainly associated with sediment Pyrethroids are mainly associated with sediment Hyallela is the main indicator of sediment toxicity Hyallela is the main indicator of sediment toxicity Hyallela is the most sensitive aquatic species to pyrethroids (LC 50 is the lowest) Hyallela is the most sensitive aquatic species to pyrethroids (LC 50 is the lowest) Therefore, pyrethroid concentrations in sediment are usually compared to Hyallela LC 50 values Therefore, pyrethroid concentrations in sediment are usually compared to Hyallela LC 50 values Pyrethroid concentrations in sediment often exceed Hyallela LC 50 values Pyrethroid concentrations in sediment often exceed Hyallela LC 50 values 27

28. Why adopt regulations if EPA is requiring label changes? Labels changes won’t be completed until 2016 Labels changes won’t be completed until 2016 In some cases, DPR regulations more stringent than label requirements In some cases, DPR regulations more stringent than label requirements 28

29. Outline What are we proposing? What are we proposing? Why? Why? Specific requirements Specific requirements Timeline Timeline Bifenthrin Bifenthrin What’s next? What’s next? 29

30. Specific requirements There are five categories addressed by the proposed regulations There are five categories addressed by the proposed regulations 30

31. I. Applications allowed to the soil surface, mulch, gravel, lawn, turf, or groundcover 31

32. I. Applications allowed to the soil surface, mulch, gravel, lawn, turf, or groundcover Limited to: Spot treatments Spot treatments 32

33. I. Applications allowed to the soil surface, mulch, gravel, lawn, turf, or groundcover Limited to: Spot treatments Spot treatments Pin stream treatments of 1” wide or less Pin stream treatments of 1” wide or less 33

34. I. Applications allowed to the soil surface, mulch, gravel, lawn, turf, or groundcover Limited to: Spot treatments Spot treatments Pin stream treatments of 1” wide or less Pin stream treatments of 1” wide or less Perimeter band treatments of 3 feet or less from the base of a building Perimeter band treatments of 3 feet or less from the base of a building 34

35. I. Applications allowed to the soil surface, mulch, gravel, lawn, turf, or groundcover Limited to: Spot treatments, or Spot treatments, or Pin stream treatments of 1” wide or less Pin stream treatments of 1” wide or less Perimeter band treatments of 3 feet or less from the base of a building Perimeter band treatments of 3 feet or less from the base of a building Broadcast treatments but not within 2 feet of horizontal impervious surfaces Broadcast treatments but not within 2 feet of horizontal impervious surfaces 35

36. I. Applications allowed to the soil surface, mulch, gravel, lawn, turf, or groundcover Pin stream treatments of 1” or less can be made within the 2-foot no-treatment zone Pin stream treatments of 1” or less can be made within the 2-foot no-treatment zone 36

37. I. Applications allowed to the soil surface, mulch, gravel, lawn, turf, or groundcover Must sweep granules that land on horizontal impervious surfaces back on to the treatment site Must sweep granules that land on horizontal impervious surfaces back on to the treatment site 37

38. II. Applications allowed to horizontal “impervious surfaces” 38

39. "Impervious surfaces" means hard surfaces, such as concrete or asphalt streets, sidewalks and driveways. means hard surfaces, such as concrete or asphalt streets, sidewalks and driveways. 39

40. Impervious surfaces 40

41. II. Applications allowed to horizontal impervious surfaces Limited to: Limited to: Spot Spot Crack and crevice Crack and crevice Pin stream of 1 inch or less Pin stream of 1 inch or less 41

42. III. Applications allowed to “vertical surfaces” 42

43. Vertical surfaces Examples Walls Walls Foundations Foundations Windows and doors Windows and doors Fencing Fencing 43

44. III. Applications allowed to vertical surfaces Limited to: Spot Spot Crack and crevice Crack and crevice Pin stream of 1 inch or less Pin stream of 1 inch or less Perimeter band treatment up to a max. of Perimeter band treatment up to a max. of 2 feet above grade level 2 feet above grade level 44

45. Band treatments up to 2 feet from ground level 45

46. IV. Prohibited applications 46

47. IV. Prohibited applications 1. No applications during rainfall 47

48. Exception applications to areas under a structure and protected from rainfall applications to areas under a structure and protected from rainfall 48

49. IV. Prohibited applications 1. No applications during rainfall 2. No applications to surface areas, including soil, lawn, turf, groundcover, with standing water 49

50. IV. Prohibited applications 3. No applications to plants, trees, or shrubs if standing water in dripline or perimeter 50

51. IV. Prohibited applications 4. No applications to preconstruction termiticide treated soil unless covered (such as with a polyethylene tarp) or the slab is poured, before rainfall 51

52. IV. Prohibited applications 5. No applications to sewer or storm drains or curbside gutters 52

53. IV. Prohibited applications 6. No applications to constructed drainage systems that drain to a sewer or storm drain, curbside gutter or aquatic habitat 53

54. “Aquatic habitat” means bodies of water, such as lakes, reservoirs, rivers, perennial or intermittent streams, wetlands or ponds, sloughs, and estuaries. means bodies of water, such as lakes, reservoirs, rivers, perennial or intermittent streams, wetlands or ponds, sloughs, and estuaries. 54

55. Constructed drainage systems Visible drainage grate connected to drain pipe Visible drainage grate connected to drain pipe 55

56. Constructed drainage systems Visible french drain, or landscaped dry river bed, swale or trench filled with gravel or rock Visible french drain, or landscaped dry river bed, swale or trench filled with gravel or rock 56

57. IV. Prohibited applications 7. No applications to any horizontal surface (soil, turf, etc., or impervious or preconstruction) within 25 feet of aquatic habitat located downgradient from the application 57

58. IV. Prohibited applications 8. No applications to a preconstruction termiticide site within 10 feet of a storm drain located downgradient from the application 58

59. V. Exempt applications 59

60. V. Exempt applications Injections into soil or structural materials (concrete, wood) Injections into soil or structural materials (concrete, wood) Post-construction rod or trench termiticide applications Post-construction rod or trench termiticide applications Applications to below-ground insect nests or nests made of mud or paper combs Applications to below-ground insect nests or nests made of mud or paper combs Applications of baits to weather–proof stations or of gel baits Applications of baits to weather–proof stations or of gel baits 60

61. V. Exempt applications Applications to receiving waters that are regulated by NPDES Permits for Pesticide Discharges to Waters of the U.S. from Spray Applications and Vector Control Applications Applications to receiving waters that are regulated by NPDES Permits for Pesticide Discharges to Waters of the U.S. from Spray Applications and Vector Control Applications Applications to the underside of eaves Applications to the underside of eaves Fogger or mist applications Fogger or mist applications 61

62. Outline What are we proposing? What are we proposing? Why? Why? Specific requirements Specific requirements Timeline Timeline Bifenthrin Bifenthrin What’s next? What’s next? 62

63. Timeline Plan to notice regulations for public comment in late October 2011 Plan to notice regulations for public comment in late October 2011 If accepted, regulations If accepted, regulations would be adopted by Fall 2012 would be adopted by Fall 2012 63

64. Outline What are we proposing? What are we proposing? Why? Why? Specific requirements Specific requirements Timeline Timeline Bifenthrin Bifenthrin What’s next? What’s next? 64

65. Bifenthrin Most widely detected pyrethroid Most widely detected pyrethroid Very long lived Very long lived Working with registrants and EPA to adopt more stringent label requirements Working with registrants and EPA to adopt more stringent label requirements 65

66. Bifenthrin – label changes Horizontal impervious surfaces Horizontal impervious surfaces Vertical impervious surfaces that abut horizontal impervious surfaces Vertical impervious surfaces that abut horizontal impervious surfaces 66

67. Horizontal impervious surfaces Prohibit bifenthrin applications to these surfaces unless protected from rainfall or spray from sprinklers Prohibit bifenthrin applications to these surfaces unless protected from rainfall or spray from sprinklers 67

68. Vertical impervious surfaces abutting horizontal impervious surfaces Prohibit bifenthrin applications to these surfaces unless Prohibit bifenthrin applications to these surfaces unless - protected from rainfall or spray from sprinklers, or - protected from rainfall or spray from sprinklers, or - do not drain into sources of stormwater (the abutted driveways or walkways do not drain into the street) - do not drain into sources of stormwater (the abutted driveways or walkways do not drain into the street) 68

69. Outline What are we proposing? What are we proposing? Why? Why? Specific requirements Specific requirements Timeline Timeline Bifenthrin Bifenthrin What’s next? What’s next? 69

70. What’s next? Monitoring for fipronil to determine scope of problem Monitoring for fipronil to determine scope of problem Fipronil registrant considering stewardship program with pest control businesses to educate them on proper use Fipronil registrant considering stewardship program with pest control businesses to educate them on proper use 70

71. What’s next? Expand the current dormant spray regulations to include applications during the growing season Expand the current dormant spray regulations to include applications during the growing season Discuss ideas for expanding the current regulations with stakeholders in 2012 Discuss ideas for expanding the current regulations with stakeholders in 2012 71

72. Thanks! 72