1. 1 Restricted Materials Permitting Pest Management Workshop Catheys Valley March 2, 2011

2. 2 Restricted Materials Permitting Summary of History History –Restricted Materials Permit –CEQA Process – Restricted Materials Permit Process – Restricted Materials Permit

3. 3 Restricted Materials Permitting Why does one need to apply for a Restricted Material Permit (RMP)? Why does one need to apply for a Restricted Material Permit (RMP)?

4. 4 History 1938 Imperial County restricted some pesticides 1938 Imperial County restricted some pesticides 1946 Injurious Herbicides and Injurious Materials 1946 Injurious Herbicides and Injurious Materials By the state as a result of 1,4-D drift on to grapes and cotton in the Central Valley By the state as a result of 1,4-D drift on to grapes and cotton in the Central Valley

5. 5 CEQA California Environmental Quality Act Does not cover private projects Does not cover private projects CEQA covers; CEQA covers; – Government projects –Government financed projects –Government approved projects

6. 6 History and background to the RMP program 1970 CEQA (California Environmental Quality Act) 1970 CEQA (California Environmental Quality Act) 1977 Attorney General Decision: County RMP program falls under CEQA 1977 Attorney General Decision: County RMP program falls under CEQA 1979 Functional Equivalency to a EIR (Environmental Impact Report) 1979 Functional Equivalency to a EIR (Environmental Impact Report) 2001 Challenged 2001 Challenged 2005 Resolved 2005 Resolved

7. 7 History Events leading to AB 3765 National Environmental Protection Act(NEPA) National Environmental Protection Act(NEPA) California Environmental Quality Act (CEQA) California Environmental Quality Act (CEQA) 1976 Attorney General’s Opinion 1976 Attorney General’s Opinion –Restricted Material require an EIR (In many Instances) 1977 Environment Assessment Team (EAT) formed 1977 Environment Assessment Team (EAT) formed December 1977, EAT failed December 1977, EAT failed 1978 CEQA amended by AB 3765 allows for “Functional Equivalent” of an EIR 1978 CEQA amended by AB 3765 allows for “Functional Equivalent” of an EIR

8. 8 History AB 3765 Requirements Plan addresses Plan addresses –Registration, evaluation, classification of pesticides –Licensing and registration of dealers, PCB’s, and PCA’s –Monitoring of pesticide use, human health and the environment

9. 9 History AB 3765 Requirements –EIR or negative declaration not required –Documentation of environmental impacts required –Mitigation measures required –Alternative materials required –July 1980, implemented –1983 Toxic Air Contaminants Act –1985 Groundwater Protection Act

10. 10

11. 11

12. 12 Functional Equivalency Part of CEQA Part of CEQA AB 3765 AB 3765 3 key points of the program 3 key points of the program –Document local environmental impacts –Consider mitigation or alternatives –Consult with local agencies

13. 13 Restricted Materials And Notice of Intent Process

14. 14 RUP and RM RUP – Restricted Use Pesticide RUP – Restricted Use Pesticide –Federal –Certified Applicator Potential to cause unreasonable adverse effects on human health of the environment RM – restricted Materials RM – restricted Materials –California Can impair human health or pose hazards to the environment Includes Includes –RUP, Dust (>25 lbs), RM, sec 18’s, Ground Water Protection

15. 15 RUP’s and Non-Restricted Pesticides CAC has authority to require a permit for a RUP or non-restricted pesticide CAC has authority to require a permit for a RUP or non-restricted pesticide Must determine that a pesticide cannot be used under local conditions without presenting an undue hazard Must determine that a pesticide cannot be used under local conditions without presenting an undue hazard Is permanent until cancelled, unless there is a sunset clause Is permanent until cancelled, unless there is a sunset clause

16. 16 Permit Consideration Process Under Functional Equivalency Hazard Identification Hazard Identification Sensitive Site Identification Sensitive Site Identification Likelihood of adverse Impact Likelihood of adverse Impact Existing Mitigation Existing Mitigation Additional Mitigation Additional Mitigation Alternatives Alternatives Benefit Analysis Benefit Analysis –benefit gained greater than the risk to the public or the environment Permit Evaluation Permit Evaluation –NOI (Notice of Intent) review and acceptance or denial Reviewing and Evaluating the NOI Reviewing and Evaluating the NOI

17. 17 Reviewing and Evaluating the NOI The NOI provides specific information not available when the permit was issued The NOI provides specific information not available when the permit was issued The property operator is responsible for assuring the NOI is submitted The property operator is responsible for assuring the NOI is submitted The NOI is part of the permit The NOI is part of the permit

18. 18 Reviewing and Evaluating the NOI CAC will review the NOI to make sure –Location match those on the permit –Permit requirements are met (3CCR 6428 g –I) –Environmental Conditions have not changed –Compare the NOI against the permit –Review maps for accuracy –Review proposed application

19. 19 Hazards

20. 20

21. 21 What Happened?

22. 22

23. 23

24. 24 440 ounces of pesticide went into this drainage ditch…

25. 25 Environmental Effects

26. 26

27. 27

28. 28 Why does one need to apply for a Restricted Material Permit (RMP)?

29. 29 Questions?