State of Delaware



EPA Region 3 Pre-SFIREG MeetingMinutes and State Reports Fall 2015Held: October 20/21, 2015Location: West Virginia Department of Agricultural, Inwood Field Office, Inwood, WVPresent:, Alvin Harris-DC, Mary Begin-DC, Dennis Howard-MD, Ashley Jones-MD, Dave Scott -PA, Liza Fleeson-VA, Jeff Rogers-VA, Grant Bishop-WV, Chad Carpenter-WV, EPA-Fatima El-Abdaoui, Harry Daw, John Butler, Holly Raguza. Chris Wade-DE (conferenced by phone). DAY 1State Reports—See full reports attached. West Virginia—Pesticide Regulatory Officer vacancy filled Morgantown. Vacant positions, Agriculture Health and Safety Coordinator, Environmental Programs Specialist, Certification and Training Assistant and Compliance Assistance Specialist. Continue to seek applicants for two Pesticide Residue Chemists. Delaware—Conferenced in by phone due to travel budget cuts. Fully Staffed.DC—Name change to DOEE, new director Tommy Wells, Richard Jackson. Dave Tomlinson with them for 6 months. Regulatory… effective in March license renewal period. 1, 2, and 3 year renewal period respectively for commercial, private and registered technicians. DDOE to DCRA and then back to DDOE. Split the branch between Pesticides and… Jasmine is working on USA Plants conversion. Looking at exam software. Product registration from $150 to $250. Maryland—Deputy Secretary, retired. Grant approved, Ashley took care of it in the absence of Ed Crow. Neonic Bill and Child Care Bill. Montgomery County has ban use of cosmetic pesticides on county or private property. Includes nonessential. Golf course and Agriculture exempt. OIT now provide online renewal. Specialty block grant $40,000. Initial interview using Survey Monkey 7 questions. Meeting scheduled for January 20 in College Park. Draft in April and final by end of year. Pennsylvania—Travel ban and hiring freeze – one vacant field position. Examiner software discussion to DC. PDA continues the process to transition category exams to closed book status. 321 testing sessions and close to 8,000 exams given last year. Capped spending on Waste disposal $14,000 per county. Don Gilbert’s assistant took a better job. Looking at the purchase of a new Cumberland grinder, 123,000 pounds of plastic recycled this year. Pollinator protection meeting planned for January.Virginia—Pollinator protection meetings to be held in January and February. Annual Inspectors Workshop—Held the first week of October in Ocean City Maryland. MD will send evaluation survey by email. WV update on bid process and location for 2016 Workshop. EPA agreed to entertain the possibility of additional funding for Workshop due to locality and inflation. Current funding is at $75,000. John Butler gave update on nominations for Inspector of the Year award and Inspection on the year award. WV will be the 25th year (silver anniversary). Grant Budget Detail/Rescission—DC expressed concerns over getting signatures for revised budgets. Has been especially challenging over the past couple of years with all the budget change requests. The recent Stag Rescission (0.656) was out of line. Inspector renewal of Federal Credentials—DC challenges with getting credentials renewed. Email from NETI stating that there was a problem with the certificate. Health and Safety 8 hour classes can be done as long as a copy of the agenda is provided and reviewed by EPA. 8 topics in the training to choose. Evelyn will provide a Webinar on how to sign up and log in. Send SHEM Manager agenda for review to determine credit allowed. Ed Massena has committed to NETI Improvements. Inspection Skills and FIFIRA Specific and on the Job component. Evelyn will send a list of refresher topics and information on new credential requirements. Fatima handed out copies of the original signed agreement for credentialing inspectors. Day 2, 8:00 AMBee Kill Reporting—submit bee kills to beekill@. Liza Fleeson concerned about the collection of bee kill complaint data. Data could get double reported. Public complaint followed by State reported. Dave Scott will report bee kill investigations following the completion of the case. Could be a bee complaint as opposed to a bee kill due to pesticides. Recommend bee kill complaints due to pesticides be confirmed. Holly Raguza will schedule conference calls to keep Region 3 States up to date on the progress of Bee kill incident reporting and guidance from headquarters.WPS and C&T revised rules—MD will need rule revisions, WV will need rule revisions. PA will issue comments. Region 3 States are active in AAPCO and ASPCRO and will PA has 16/18 age limits in their regulations, 16 for Registered Technician. DE and PA will need to look at the fine print to determine if they need to add or revise their regulations. Magda… WPS dashboard review. All States were unaware of WPS dashboard. Revised WPS accessible via online docket. WPS manual is a high priority for distribution to growers. November 3-5 Regions will review; December 1-3 is PREP. Unanswered question, will “How to Comply Manual” be available in hard copy? Liza asked that materials be available as soon as possible. Region 3 assistance with WPS Inspections—Mellon One (grower) web site should be reviewed by States to determine compliance. Region 3 is willing to take lead with WPS inspections if needed. 25b compliance letter—Fatima sees the letter as an additional burden. Will have to look up violation. Would rather issue a NOW. Headquarters 25b is not a priority. Mosquito patch example brought up by Dave Scott. Region is committed to fully review all 25b violations submitted. Detailed documentation. Priority is for products that require Federal Regulations rather than revisions to bring label into compliance. Formulation/bulk sampling—Joint inspections with Region 3 to look at product integrity. Region will contact States. For routine sampling States typically proceed with safest method of sampling… small bottles as opposed to 55 gallon drums. Region 3 commented that for “For Cause Inspections” States should have the sampling equipment to sample bulk. Special project (E-forms)—WV is proceeding with electronic inspection form system development with use of MiForms software. Server space is needed to move forward. VDACS questioned electronic inspections and review by Region during mid and end of year review. Case development/field notes—addressed by Region 3. Field notes should be kept bound. One book per case. Electronic notes are acceptable. Performance measures—will be sent by Liza and anticipated finalized before Thanksgiving. POM Update—Jeff Rogers. Meetings will be moved around to Regions. DFE to Safer Choice. Pesticide labels need updated with respirator cartridge reference. Hemp challenges with applications of pesticides, unlabeled. DE public health law says no pesticides shall be used. Pilot Spanish labeling interpretation of precautionary language. Distributor labels. Registered Technicians—Alvin Harris, DC. Alvin reviewed DC registered technician training program (on the job training) and polled the states regarding technicians moving to certified applicator. DC to require registered technicians to advance to certified applicator with within 6 years.Harry Daw asked for comments or concerns regarding the grant process. Harry referenced an upcoming meeting with grants management and an opportunity to bring concerns. PA would prefer not to use due to limited access. Next meeting of PreSFIREG April 5-7, 2016 in conjunction with EPA Grant Meeting. West Virginia Department of AgriculturePesticide Regulatory ProgramsState ReportEPA Region 3 Pre-SFIREG MeetingInwood, WVOctober 20-21, 2015StaffPesticide Regulatory Officer position in Morgantown has been accepted by candidate and will be filled pending background check and drug test. Interviewed for the Agriculture Health and Safety Coordinator and Environmental Programs Specialist positions. Candidates were unqualified. Continue to seek applicants for two Pesticide Residue Chemists. Certification and Training Assistant and Compliance Assistance Specialist positions to be advertised on web site. RegulationsProduct registration fee increase from $125 to $150 effective July 1, 2015. Commercial applicator and Registered Technician license fees increased from $10 to $20. Mid Atlantic Nursery Trade Show (MANTS)January 6-8, 2016. Emphasis will be placed on WPS revisions. Plastic Pesticide Container Recycling8 sites available for collecting plastic pesticide containers for recycling. Have purchased sea container for 3 recycling locations set up at WVDA field offices. Remaining 5 locations utilize rented sea containers. Chipping to start in the next couple of weeks. Waste and Unwanted PesticidesIn June, 11,648 pounds of liquids and solids were disposed at the price of $0.98 per pound. WV PlantsWeb based product and applicator data tracking via USA Plants went live November 1, 2011. Online payment for renewal of pesticide products and applicators was added in 2014 for the 2015 Renewal Season. The 2016 renewal season will begin November 1 and WVDA expects that online renewals will continue to increase. Pollinator ProtectionCommissioner’s office supports development of MP3. Currently attend the Annual Beekeeper’s Continue to work with industry, beekeepers, WVU, and State Apiarist on section 18 products for Varroa Mite control. Have had meetings with Plant Industries Division Director and Apiarist to discuss and proceed with MP3 planning. Looking for Right of Way BMP for pollinator protection. State of DelawareOctober 16, 2015Pre-SFIREG State Report A: General Overview Staff Changes:Delaware Department of Agriculture Pesticide section is fully staffed as of October 16, 2015.Budget Outlook:The FY 2015 EPA/PPG Cooperative Agreement has been closed out; the final award was received September 11, 2014. The Pesticide Holding Account funds six FTE salaries and fringe benefits. Revenue for the fund comes from various fees collected during the year. The FY 2016 State budget does not include any increases in salaries. The FY 2016 EPA/PPG Cooperative Agreement has been fully funded: the final award was received September 29th 2015. Included in this award is $82,654 for lab equipment. Training Initiatives:Pesticide staff training initiatives: the Pesticide Section inspection and enforcement staff attended the Regional State Pesticide Inspector’s workshop hosted by Maryland in October. Joyce McGee, Analytical Chemist attended the Florida Pesticide Residue Workshop held at St. Pete Beach, FL. DDA urges EPA to continue to fund the training programs. Certification testing is now offered every 45 days and has been in high demand. Testing is now offered at the Harrington State Fair Grounds. The facility offers more seating for the testing. The increase demands for testing are in the ornamental and turf pest control category and general pest control & wood destroying organism pest control. Steve Carter, Ag Specialist is now serving on the National Stakeholder Team for Pesticide Safety Education Program funding and Co-Director for the State Project. The University of Delaware is taking the lead for the State project with a goal to strengthen the current U of D Extension PSEP and help it become self-sustaining. DDA in conjunction with NASDARF, Washington State and Cast has created a narrated registered Service Employee DVD. Utilizing the DVD meets training requirements for Delaware Registered Service Employee Training. DDA is charging $20.00 per DVD to cover production expenses. DDA has almost completed the production of the Spanish version of the training DVD. The final goal will be to have the English and Spanish version on one DVD.DDA is meeting Thursday October 22nd 2015 with Hudson Consulting to discuss the implementation of the new WPS rule. We will discuss the differences in the requirements. DDA will also discuss the possible tools needed to successfully implement the new rule. Steve Carter and Chris Wade will be attending this meeting.DDA has finalized the agenda for the MP3 workshop to be held on January 13th 2015. The purpose of this workshop it to unveil the draft version of the Delaware plan and to start the stakeholder input stage for the plan. The workshop will discuss the reason for the plans and lay out the basic parts of the plans while also discussing bee health issues.Equipment/Technology:DDA continues to utilize the Pesticide Sensitive Crop Registry, Delaware DriftWatch. The registry provides a means to facilitate communication among those with pesticide sensitive specialty crops or habitat areas and pesticide applicator. The majority of the crops registered have been commercial bee operations. The project created a web site that brings together the pesticide sensitive area data streams from each of the producers into a single map display. Users are able to search and zoom in to see the sensitive areas mapped over the aerial image. DDA hopes to expand the use of this website to help support future Managed Pollinator Protection Plans. DriftWatch is now offering signs and bee flags to go along with the site. DDA plans to purchase some of these resources to accompany outreach materials for the site. There are currently 22 locations on the DriftWatch site. The increase of the number of users will be a part of our measurement of success for the MP3.DDA has received bids on for the lab equipment that will be purchased with the lab funding provided in the FY16 EPA/PPG Cooperative Agreement. Pick List Initiatives: Bed Bugs: DDA website has links to various publications on bed bugs. Also DDA website has a link to VDACS bed bug information page. DDA will also use inspections with pest control operators to provide outreach on treatment techniques. DDA currently conducts use observations with pest control technicians. DDA also follows up on resident complaints involving misuse of pesticide products during bed bug treatments. DDA also responds to EPA referrals involving the misuse of pesticides in bed bug control. During routine marketplace inspections label reviews will be conducted. Pollinator Protection: DDA has been in contact with beekeeper groups and cooperative extension to promote pollinator protection. DDA provides commercial beekeepers with communication via DriftWatch. More outreach materials are needed for distribution. DDA plans to expand our outreach in the areas of pollinator protection. The DriftWatch website allows for commercial beekeepers to register the location of their hives so that applicators can manage their applications around these hives. DDA will follow guidance provided by EPA. Also labels will be reviewed during routine inspections to ensure that pollinator protection language is followed. DDA will look for the pollinator protection box in the product labels where appropriate. DDA will target during marketplace inspections and take steps to stop distribution of unregistered or misbranded pesticides that could adversely affect pollinators. Working with the plant industries section, DDA applied for and was awarded a specialty crop grant to help fund Pollinator Protection Outreach in the coming year. Focusing this project on a Pollinator Health/Protection Plan symposium. This meeting will be held on January 13th 2015. This grant also focuses on increasing forage area for pollinators. Spray Drift: Much of this outreach is conducted during our yearly inspections. This includes business license inspections and use inspections. Also drift reduction outreach materials are given out at large events (Fair, Ag-Week, DNLA Convention). Past drift data is available for review in CATS system. DDA will compile this data and track future complaints and the data that they generate. DDA will compile all of the fiscal year spray drift data and attach file for review. Use inspections are carried out throughout the year. Labels are always reviewed during the application to ensure drift precautions (wind speed, buffer distances, proximity to water, etc.) are followed.Statute/Regulatory Changes Currently there are no anticipated changes to the Delaware Pesticide Law or the Rules and Regulations.B. Program Specific Issues Enforcement: DDA continues to work on improving compliance verification, as part of the PARTS measurements. Follow up letters, and follow up inspections are conducted when non-compliance is documented, most common violations are PPE and recordkeeping. To date DDA has issued civil penalties totaling $17,931.00.Certification & Training: DDA now offers certification testing every 45 days to align with the new re-test interval. University of Delaware Pesticide Safety Coordinator is now being covered by University of Maryland Pesticide Safety Extension Specialist Dr. Amy Brown. DDA has re-written the Core Exam. DDA plans to re-write the General pest control (7A) Wood Destroying pest (7B) and the Ornamental and Turf exams (03). DDA has changed examination procedures to include an examination fee of $30.00, if the candidate successfully completes the exams with a score of 70% or higher, the examination fee applies toward the certification fee. This change in procedures has decreased the number of “no-shows.” Water Quality:? DDA is continuing to monitor the state’s shallow groundwater for pesticide residues using the state-wide network of shallow monitor wells. The Hydrologist has sampled all 104 monitoring wells. Of these wells, 6 wells had atrazine detections, 1 had metolachlor, 1 had metribuzin, and 2 had simazine. Annual sampling results from the Groundwater Monitoring Program are available on the DDA Groundwater Monitoring Program’s web page two wells that are under long-term monitoring, PCMN-105 in New Castle County and PCMN-147 in Kent County, are now showing results below the action levels of the respective compounds (1/2 the MCL for any state-identified Pesticide of Concern). In both investigations, concerns regarding domestic well safety have been addressed and are now considered resolved. For PCMN-105 domestic well samples taken from interested residents near the monitoring well showed non-detections for the compounds of interest. For PCMN-147 the drinking water well for the residence in question has been replaced with a deeper well. The Hydrologist is also working with the US Geological Survey to implement a special shallow groundwater monitoring study. This joint USGS/DDA project is assessing changes in shallow groundwater nitrate concentrations over time to determine the impact of agricultural Best Management Practices for nitrate usage.?All study wells included in the special project were sampled in the fall of 2014. Data analysis is currently being conducted on the results of the fall sampling to identify trends and determine if additional sampling is required. Worker Protection: Inspections are on going. Telemon is providing training for workers at no cost to the growers. DDA is contracting with Hudson Consulting to provide compliance assistance inspections at the grower level. Target growers are watermelon, cantaloupe, pepper, and pumpkin growers in Western Sussex County. This summer we had a few issues with brokers providing workers and not communicating with farmers about worker training and also not providing notification on when they will be harvesting until the day of. This made it challenging for farms to be prepared in the field. DDA will also start work on updating individuals on the changes to WPS. Endangered Species: When requested, DDA provides pesticide analytical testing for wildlife cases involving endangered species. Disposal/Recycling: DDA continues to support this project with monthly pickup in each county. DDA collected 40,000 containers (Calendar year 2015). U.S Ag Recycling provided on-site chipping at five locations in DE. Approximately 30,000 containers were chipped during the contractor’s time in Delaware. The program is popular with the commercial applicators and growers but continues to be a drain on DDA’s manpower and funds. Obsolete Pesticide Disposal: DDA’s program to assist growers with the disposal of obsolete and unwanted pesticide (Environmental Sweep Program) continues to garner support. MXI Environmental Services, Inc. contract was extended for 2015. The program is being offered to farmer first, commercial applicators second and finally to pesticide retailers. DDA had a April and September 2015 collections, between these two collections over 24,000lbs of obsolete pesticides were collected. Since the start of the program, DDA has collected 73,000lbs from 155 locations.C. Emerging Issues Aerial Pesticide Applications near new residential housing developments in the agricultural areas (flight patterns and drift concerns) continues to be nuisance complaint area. Increased uses of fungicides (mostly corn) appear to be the reason for the rise in complaints. Delaware does grow many processing vegetable crops, which require insecticide and fungicide application. The Department of Nature Resources and Environmental Control Mosquito Control Section has expressed concern over the increase in commercial mosquito control business licensed in Delaware. Their main concern is that properties may have double treated accidently by the State Mosquito Control and a Commercial business, with possible label violation implications. Non- compliance with pesticide business licensing requirements for lawn/landscape businesses. DDA continues to find new and old lawn care/landscaping companies using pesticide without the proper licensing. The majority of the businesses use a glyphosate product for crack and crevice weed control on homeowner or commercial properties. DISTRICT OF COLUMBIA STATE REPORTOctober 2015AGENCY NAME CHANGE On Monday August 10, 2015 Mayor Bowser announced the new name of the agency (District Department of the Environment) as The Department of Energy and Environment (DOEE).? DDOE ADMINISTRATION CHANGESRichard Jackson continues to serve as the Deputy Director of the Toxics Substances Division which includes the Pesticides Program and Dave Tomlinson is the new Associate Director for the Toxics Substances Division.REGULATORY/LEGISLATIVE ACTIVITIESThe pesticide regulations were effective beginning on March 20, 2015. The only exceptions to that general statement are the license renewal periods: Beginning on January 1, 2016, certifications and licenses for commercial applicators are valid for one year and must be renewed each year; certifications and licenses for private applicators are valid for two years and must be renewed every two years; and registration for registered technicians is valid for three years. Until that date, licenses are valid for three years, and certifications are valid for one year. The Department will take over all certification and licensing activity, where currently applicants are required to receive a certification from DDOE, apply for a license at DCRA, and then return to DDOE to receive the required credentials.STAFFING CHANGESIn addition to the 2 new FTE’s added to the Program earlier in the year Ms. Jasmin Jackson and Mr. Joseph Walton, we have hired an additional FTE. Momolu (Daryl) Hodge who had served as an intern in our program is now a permanent employee. Daryl is assisting Howard Brown with label data filing and also helps with Certification and Training tasks. We are currently recruiting for a FTE to fill our Program Support assistant vacancy. Chianna Harrison has worked with us on a temporary basis and is currently out on maternity leave. We hope that Chianna applies for the full time position.PROGRAM HIGHLIGHTSCertification and TrainingThe Pesticides Program has contracted with USAPlants. One of the features will be to replace the current ID system, the integration of certification, recertification and registered technician data. It will also provide a platform for issuing licenses, with the associated functions of receiving insurance certificates and payments. There will be the ability to interface with the" Examiner" examination administration software.Integrated Pest ManagementThe Program continues to focus on Child Care Facilities. We are currently visiting Child Care facility providers to identify pest applicators that have serviced the centers. We are continuing to prepare outreach materials and have met with the DC Office of the State Superintendent of Education (OSSE). This is the Regulatory Agency that licenses Child Care facilities and schools. We hope to work with OSSE to reach out to the Child Care Centers and provide valuable information to educate them regarding IPM.Pollinator Protection Plan We have started to meet with the DOEE Fisheries and Wildlife Aviary Specialist to identify stakeholders. DOEE Fisheries and Wildlife Division has a Wildlife Action Plan that currently registers beekeepers. Stakeholders are hesitant to meet with any other personnel from DOEE because of fear to identify where hives exist. On their registration forms there is a space where they can choose to be notified if there are pesticides that can cause harm to their bees being sprayed in their vicinity. We hope to prepare outreach materials for both stakeholders and pesticide applicators.Pesticide Product RegistrationWe are moving to a new platform from InfoTech to USAPlants. We have increased the registration fee to $250.00 per product. Some of the extra revenue is being used to fund the additional FTE’s and the new USAPlants database. We are totally paperless; web based and now accept credit card payments. The electronic transfer of labels and other data as well allows for the acceptance of new product applications. DATA MANAGEMENT IMPROVEMENTSDOEE contracted Computer Aid, Inc. (USAPLANTS) in April 2015 to design a new data management application that can handle its pesticides product registration activities, pesticide applicator and operators licensing process, Pesticide inspection and enforcement activities, pesticide use reporting applications to enable pesticide operator online reporting.? During FY 2015, the Pesticide Program first met with Computer Aid, Inc. (USA Plants) on May 4, 2015 for a Gap Analysis.? As an update, the the Program staff and Computer Aid Senior Programmer Analyst, Chris Abdelmalek have been making progress to have the program up and running hopefully before or by?the end of the FY 2016.? A major hurdle has been the acquisition, merging and cleanup of several databases from the Business License Division, Department of Consumer and Regulatory Affairs, the Pesticide Applicator Identification Card Database and the registered employee database.? A working model (DC Plants) was presented to us immediately upon return from the Pesticide Inspector’s Workshop.? This is a working progress and at full speed we expect to have a live program that will basically reduce our paper work by at least 75 percent when completed.PESTICIDE ENFORCEMENT PROGRAM Six open enforcement actions:General Pest Control-$4,000 failure to comply with a record keeping or reporting requirement; permitting the use of any pesticide by persons who are not certified or registeredBrussel Services LLC-$16,000. (5) Violations permitting the use of any pesticide by persons who are not certified or registered) ;( 6) violations failure to comply with a record keeping or reporting requirementDarnell Ray - Ray's Pest Elimination Services (2) violations failure to obtain an operator or applicator licenseConnor's Termite and Pest Control $8000. (4 violations) permitting the use of any pesticide by persons who are not certified or registeredD&N Termite & Pest Control, Inc. $6,000. (3 violations) failure to obtain an operator or applicator license)All American Pest Control, Inc. $8,000. (4 violations) failure to obtain an operator or applicator license) SEQ CHAPTER \h \r 1Maryland Department of Agriculture Office of Plant Industries and Pest Management Martin O'Malley. GovernorAnthony G. Brown, Lt. GovernorEarl F. Hance, SecretaryMary Ellen Setting, Deputy Secretary PESTICIDE REGULATION SECTIONSTATE REPORTEPA REGION III Pre-SFIREG MEETINGOctober 20 - 21, 2015PERSONNELMaryland Department of Agriculture, Deputy Secretary, Mary Ellen Setting retired on October 1, 2015. She was hired by the Department’s Pesticide Regulation Section in July of 1977, to coordinate the Pesticide Applicator Certification and Training Programs. She also served as the Program Manager for the Pesticide Regulation Section, and the Assistant Secretary of the Office of Plant Industries and Pest Management, as well as, the Deputy Secretary of the Maryland Department of Agriculture. The Pesticide Regulation Section lost two Agricultural Inspectors. Inspector Scott Rowe took advantage of an early by-out program offered by the state. Unfortunately, by doing so his position has been abolished. Inspector Lauren Plocharczyk accepted a position with another Maryland state agency. We are currently working on recruiting and hiring a new Inspector to fill this vacant Inspector position. We also lost one clerical position, to another Section within our Department. We recently interviewed candidates for the clerical position and have made our selection. We should have this position filled within the next two weeks. LEGISLATIONThe 2016 Session of the Maryland General Assembly will begin in January of 2016. The Pesticide Regulation Section will not be submitting and Bills to the Legislature. However, a committee of the Maryland House of Delegates is currently studying issues related to pesticide Laws and policies currently in place regarding pesticide applications at child care centers, schools, and recreational facilities. REGULATIONS No regulatory changes.PLASTIC PESTICIDE CONTAINER RECYCLING PROGRAMMDA’s Pesticide Regulation Section again offered the recycling program for empty plastic pesticide containers to farmers, growers and commercial pesticide applicators at 23 locations spanning across ten counties. Final totals on the number of containers are not yet available, as we are still in the process of collection containers. ON-LINE LICENSING AND CERTIFICATION (INITIAL AND RENEWALSMDA’s Office of Information Technology (OIT) has selected the PRS as the first unit within MDA to be able to provide license and certificate holders to renew their licenses/certificates on-line with credit cards. MDA’s OIT and PRS staff recently met with the vendors (NIC Egov and Towson University) that will be involved in this project. ??POLLINATAOR PROTECTION PLAN ACTIVITIESThe Pesticide Regulation Section is in the process of securing funding for the planning and development of Maryland’s Managed Pollinator Protection Plan (MP3). The development of Maryland’s MP3 is centered on the education and outreach of pollinator issues and opening communication lines with the numerous groups within this industry. An integral part of this process and perceivably the most important piece of the project is this engagement of stakeholders. Bringing together representatives from a broad range of interest groups to discuss pollinator management issues and brainstorm solutions will provide the meaningful insight required for the successful development of this MP3. For this effort, we will be teaming up with the University of Maryland Apiary Program and Keystone Policy Center (Keystone). Keystone is a non-profit facilitation and mediation organization with 40 years of experience assisting stakeholders in collaboratively addressing agricultural, environmental, education, energy, and health issues. Depending on funding, we are planning one or two stakeholder meetings where problem orientation, solution brainstorming, and prioritization or opinion polling will be utilized. After the stakeholder meeting(s), MDA will begin to develop the Maryland MP3. When complete, this draft plan will be presented to the stakeholder groups for further discussion and feedback. Once we have proper feedback and approval from the stakeholder groups, we will finalize and publish the Maryland MP3 for the public.Submitted By:Dennis Howard, Chief DWHPesticide Regulation SectionMaryland Dept. of Agriculture2015_StateReport_FallPreSFIREGPennsylvania State ReportPre SFIREG Meeting October 20, 2105Inwood, WV StaffingStaffing for the Pesticide Program continues to evolve with retirements, transfers and replacements over the past year. Four staff participated in the NJ Inspector training session this summer. With the aid of Evelyn Sorto at EPA Region 3, Nicole Woods completed her EPA credential requirements in our Region 4 office Kate Zeigler and Janet Driggers EPA credentials renewed. The majority of the inspectors (11) are due for renewal next spring. Many are currently working on the required courses and have experienced difficulties with the EPA training website.FundingThe pesticide program is self-funded through a restricted account which continues to provide stable funding for the program. EPA FY15 (7-1-14 thru 6-30-15) funds were released for use on September 18, 2015 and draw down on these funds for program activities is on track. Regulation ChangesWe are currently reviewing the changes to WPS and will be commenting on the proposed C & T changes. PDA did comment on the proposed pollinator label language changes. EnforcementThe PDA Enforcement Program continues to provide a strong enforcement presence while at the same time, promoting education and compliance assistance during inspection opportunities.?Civil penalty assessments have continued and are an effective enforcement tool.? One case was referred to EPA CID for investigation. Warnings were issued in 47 cases and fines ranging from $100 to $5,000 were assessed in 57 cases. PDA conducted 694 inspections and collected 57 physical samples and 18 documentary samples.Pollinators PDA has investigated two complaints for a bee kill. The laboratory screened both samples for 160 compounds on the LCMS/MS. One sample was negative and one tested positive for trace amounts of fungicides. PDA did not select this issue from the “pick list’ on our grant proposal. We are planning a meeting to work on the development of a MP3 program for the state. The vast majority (90-95%) of 3,325 apiaries in PA are hobbyists with less than 10 hives. There are less than 5 with more than 500 hives. Registered individuals and businesses of our PaPlants website currently have the ability to locate/map apiary sites. We see this as a major benefit to the communication between the parties that we need to include in our plan during development. Worker Protection StandardFor FY 2015, 57 Worker Protection Standard (WPS) inspections were conducted. A total of 18 violations were identified. The most common violations identified were, improper or lack of notification, improper or lack of safety training?and missing information or absent central location.PDA continues to contract with the Pennsylvania Office of Rural Health (PORH) to provide WPS compliance assistance to all Pennsylvania growers. The Nursery DVD WPS training video was completed and is now in distribution. With the publication of the changes to WPS we are planning on updating these seven commodity DVDs so they can continue as approved training for workers and handlers. Certification & TrainingPDA continues the process to transition category exams to closed book status. As category exams or study materials are revised the process to change previously open book exams to close book status is put in place. Category 07 Lawn and Turf joins categories; 11 Household & health related; 22 Interior Plant Scape, and the core as closed book tests. PDA feels this better aligns with EPA guidelines, will increase exam security, and better align our testing practices with surrounding states. CPARD is updated to reflect these changes as they occur. For FY 15 PDA inspectors proctored 321 testing sessions at locations across the Commonwealth. During these exam sessions 7,718 examinations were administered of which 5,876 (76.13%) received passing scores. Numbers of certified applicators is Holding fairly steady at 35,819 certified applicators (17,824 commercial / public, 17,995 private) and an additional 4,481 registered technicians and 456 Pesticide Dealership Managers.PDA approved 2,815 (441 online classes, 35 correspondence courses, 71 webinars, 490 out-of –state onsite and 1,778 in-state-onsite) recertification courses offering credits. PDA staff attended 16.5% of the instate meetings by monitoring 294 training meetings and giving 52 presentations. Water Quality-Groundwater MonitoringA three-year contract with USGS began in January 2014 with focus on sampling and analysis in the vulnerable settings in PA.? The objective of continued Joint Funding Agreements (JFA) with USGS is to maintain an ongoing monitoring network to detect pesticide occurrence in the most vulnerable settings in Pennsylvania. We have not received any results from the sampling conducted this year.The fifty-seven EPA pesticides of interest (POI) have been evaluated and entered into the POINTS database.? For Performance Measure 1, PDA has evaluated 98.2% of the POI list: Isoxaflutole remains as the sole POI for which PDA has no sampling data, thus there has been no evaluation. This compound is included in the new 2437 schedule to be used by USGS.??? CHEMSWEEP Waste Pesticide Disposal ProgramPDA continues to support the waste pesticide disposal stewardship program.?2015 activities included:Farm-to-farm collections in 18 counties at 175 locations totaled?37,719 pounds Thirteen (13) HHW in 11 counties events collected 53,793 lbs. of homeowner pesticidesTotal of 91,212 lbs. collected. For 2016, 17 counties are included for farm-to-farm collections, with an expected additional 13 HHW events. Plastic Pesticide Container Recycling Program (PPCR)PDA continues to offer the PPCR program to the agricultural and professional pesticide application industries.? Single-use bottles and drums are collected and granulated from 165 locations across Pennsylvania.? It is expected that over 123,000 pounds of pesticide containers will be recycled in 2015.FY 2015 for PennsylvaniaPesticide Product State Registrations and Special Registration Actions(Section 18 & Section 24(c))FY2015 - 7 Specific Emergency Exemptions approved, 3 Special Local Need registrations, and 13,141 Section 3, and “minimum risk pesticide,” products state registered. Section 24(c)s:PA-0001 - GoalTender? herbicide (a.i. oxyfluorfen; EPA Reg. No. 62719-447) for use on cabbage, broccoli and cauliflowerPA-0002 - Heritage (EPA Reg. No. 100‐1093) on greenhouse‐grown basilPA-0003 - Subdue Maxx? EPA Reg. No. 100-796 for Control of Downy Mildew on Basil Transplants Grown for Re-sale?Section 18s:15-PA-01 – Thiabendazole Mertect? 60 WP Fungicide, EPA File Symbol No. to control Green mold on mushrooms15-PA-02 PhorEx EPA Reg. No. 2724-804 etofenprox (with piperonyl butoxidesynergist) to control sciarid and phorid flies in mushroom houses. 15-PA-03 (apple), -04 (peach), & -05 (nectarine)Brigade WSB (I 0% bifenthrin, EPA Reg. No. 279-31 08); Bifenture EC (25% bifenthrin, EPA Reg. No.70506-227); and Bifenture 10DF (10% a.i ., EPA Reg. No. 70506-57), to control brown marmorated stink bug (BMSB).15PA06 (pome fruit) 15 PA07 (stone fruit) Venom Insecticide (EPA Reg. No. 59639-1 35, containing 70% dinotefuran), manufactured by Valent U.S.A Corporation and Scorpion 35SL Insecticide (EPA Reg. No. 101 63-317, containing 35% dinotefuran), manufactured by Gowan Company,LLC,Minimum Risk Pesticide?Issues:We continue to work without Agency support to remove illegal products from distribution. Laboratory PDA’s is utilizing a LCMS/MS in the Department’s laboratory. We are experiencing no delays in sample processing times. This new equipment has reduced the sample turnaround time by 1 –2 days with an average turnaround time of less than 10 days. The laboratory is participating in the AAPCO and Wisconsin check sample programs.Submitted By:David Scott717-772-5214dascott@EPA REGION III Pre-SFIREG/GRANTS MEETINGOCTOBER 20-21, 2015VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICESOFFICE OF PESTICIDE SERVICESSTATE REPORTPersonnelThe Office of Pesticide Services has filled one wage and one full time administrative position to support Certification, License, Registration and Training Unit and one wage administrative position to support the Environmental Programs. In the Enforcement and Field Operations unit, Robert Christian was promoted to the Team Leader position and we are in the process of advertising for an Investigator position for the Fairfax territory after Ryan Rutherford transferred to a newly created 12th territory. Regulatory UpdateThe following three regulations are currently scheduled to be amended:Notice of Intended Regulatory Action (NOIRA) Stage - 2 VAC 5-670 Rules and Regulations for Enforcement of the Virginia Pesticide Law. Changes include:1. Change the title and format to be consistent with the other regulations authorized by the Virginia Pesticide Control Act.? This regulation includes requirements for product registration, as well as handling and storage; pesticide disposal; application and equipment; and container labeling. The current name of the regulation is not descriptive of what is actually contained in the regulation.2. Add the requirement for submission of the final pesticide label including the Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) along with the application for pesticide registration. This is our current policy, and pesticide product registrations are not issued in the absence of these two documents.3. Amend 2 VAC 5-670-220 B Custom mixers. to include custom pesticide-animal feed mixtures.? 4. Clarify specific requirements in 2 VAC 5-670-30. for directions for use. The current requirements states “Directions for use are required for the protection of the public. The public includes not only users of pesticides, but also those who handle them or may be affected by their use, handling, or storage”; however, it does not include any specific requirements.? 5. Amend 2 VAC 5-670-150. to require that pesticides be secured in a manner which prevents access by anyone other than the applicator or employee of the business.This amendment has gone through the Governor’s review and is currently published for comment which closes on November 4th.Notice of Intended Regulatory Action (NOIRA) Stage - 2 VAC 5-680 Regulations Governing Licensing of Pesticide Businesses Operating Under Authority of the Virginia Pesticide Control Act. Changes include:Define the term “operating in Virginia” as used in 2 VAC 5-680-20 A in order to address over the internet sale of pesticides.2.Amend the definition of “pesticide business location” to reflect the use of technologies when conducting business (i.e.: sales, service, etc.) including cell phones, email, and websites.3.Add the definition of the term “limited household use”.? Currently, the regulations require that any person or business operating in Virginia, which, in exchange for compensation, sells, stores, distributes, mixes, applies or recommends for use pesticides, shall obtain a valid pesticide business license pursuant to this chapter. An exemption to these requirements exists for “Merchants of limited quantities of nonrestricted use pesticides who sell pesticides primarily intended for limited household use”; however, no definition exists for the term “limited household use” pesticides.4.Add the definition of the term “multiple violations”. Currently, the regulations provide for the revocation of a business license for “Multiple violations of the Act or regulations pursuant thereto within a three-year period”; however, the term “multiple violations” is not defined.This amendment has gone through the Governor’s review and is currently published for comment which closes on November 4th. Proposed Stage – 2 VAC 5-685 (Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act). Changes include:1. Amend the definition of the terms “Under the direct supervision of” and “Under the direct on-site supervision of” to clarify that the individual providing the supervision be a certified commercial applicator. Currently, the regulation calls for the individual providing instruction and control to others who apply pesticides to be a certified applicator, omitting the qualifier “commercial”.2. Remove the requirement that individuals who fail to pass the certification examination must wait a specific number of days to retake the exam. Currently, individuals must wait ten days to retake the exam after failing the exam for the first time and 30 days after failing the exam the second or subsequent times. We propose that individuals who fail to pass the exam may, at any time, reapply to take the exam and be placed in the work queue along with other pending applications.3. Revise the process by which persons that cannot read pesticide labels can demonstrate competence and obtain certification as private applicators to apply restricted use pesticides on their own properties. Currently, in order for an individual to obtain a waiver of the literacy requirement, a pesticide investigator must make a recommendation to the Board regarding the waiver. We intend to propose that the individual petition the Board directly for the waiver.4. Eliminate inconsistent language regarding the period of time during which individuals seeking certification as registered technicians must receive on-the-job-training.5. Establish the category number for Registered Technicians and Private Applicator certifications in a manner similar to the category codes already being used in other pesticide application specialties.6. Add a statement requiring applicants to be reexamined who do not meet the certification requirements within two years of the date of passing the examination. A passing score on a certification exam is only valid for two years from the date the exam was taken. Several exams may be necessary in order for an applicant to become fully certified. If the applicant does not pass all of the exams required to become certified within a two-year period, the applicant must retake the required exams. 7. Clarify that a person seeking pesticide applicator certification in Virginia on a reciprocal basis must hold current certification by the reciprocating state or federal agency.This amendment has gone through the Governor’s review and is currently published for comment. The public hearing is scheduled for December 10th and the comment period closes on December 11th, currently there are no comments.Select Program ActivitiesDuring FY15, the agency continued to fund:Decline of Honey Bees in VA:? An Assessment of Colony Health and Pesticide Exposures?in collaboration with Drs. T. Anderson, C. Brewster, R. Fell, and M. Lidy of Virginia Tech to implement strategies that restore the abundance and strength of honey bee populations throughout the Commonwealth.Interpreting Data from Brown Marmorated Stink Bug Traps in Apple Orchards: Toward the Development of Trap Based Thresholds for Management Decisions in collaboration with Drs. Chris Bergh and Tracy Leskey which will provide novel information on the strength of the correlation between the number of BMSB captures in baited pyramid traps and the incidence and severity of fruit injury at points during the growing season.Pesticide Control Act Grant Proposals Beginning in FY15, VDACS committed to fund up to $250,000 on projects and initiatives designed to address a variety of research, professional development and education, and public outreach issues related to pesticides in the Commonwealth. Four projects were funded during the inaugural year. Selected projects may qualify for up to four (4) subsequent project renewals in one-year increments subject to funding availability and demonstrated progress. The current status of projects is as follows:Chasing Away The Ham Mite – This project considers alternatives to methyl bromide for the treatment of ham mites on dry cured pork. (Principal Investigators: David E. Gerrard, Ph.D., Department of Animal and Poultry Sciences; and Troy Anderson, Ph.D., Department of Entomology, Virginia Tech)? Initial project period is March 17, 2014 – June 30, 2015 with four (4) one year renewal options.? Funded for year 2.Determining the Efficacy and Economics of Soil Solarization and Mustard Products for Soil-borne Pest Control in Virginia Annual Plasticulture Strawberry Production - This project will determine the cost and effectiveness of non-fumigant pest control approaches to control soil borne diseases and weeds. (Principal Investigator: Jayesh Samtani, Ph.D., Hampton Roads AREC, Virginia Tech) Project is complete.Virginia Bed Bug and Urban Pest Guidance Partners – This project will establish a resource for Virginia citizens, pest and housing managers, and community service professionals that need expert assistance in managing urban pest issues. (Principal Investigators: Dini M. Miller, Ph.D., and Molly Stedfast, MSLS, Dodson Urban Pest Management Laboratory, Department of Entomology, Virginia Tech). ).? Initial project period is March 17, 2014 – June 30, 2015 with four (4) one year renewal options.? Funded for year 2.Monitoring the Seasonal Abundance and Host-Use of Brown Marmorated Stink Bug Nymphs at the Orchard/Woodland Interface – This project seeks to bridge the research gap that exists in the biology and seasonal population dynamics of the brown marmorated stink bug (BMSB) and a return to sustainable insect pest management in orchards impacted by the BMSB. (Principal Investigator: J. Christopher Bergh, Ph.D., Department of Entomology, Virginia Tech).? Project period is March 17, 2014 – June 30, 2015. No cost extension requested.Pesticide Disposal ProgramIn 2016, the disposal program will take place in the counties of Albemarle, Augusta, Bath, Clarke, Culpeper, Fauquier, Fluvanna, Frederick, Greene, Highland, Louisa, Madison, Nelson, Orange, Page, Rappahannock, Rockbridge, Rockingham, Shenandoah, Warren and the cities of Buena Vista, Charlottesville, Harrisonburg, Lexington, Staunton, Waynesboro and Winchester. For 2015, the program collected and disposed of a total of 62,261 pounds. Since its inception the program has collected approximately 1.3 million pounds of unwanted, expired, or discontinued pesticides. The program provides an environmentally conscious option for agricultural producers, pesticide dealers, pest control firms, homeowners and golf course operators to dispose of unwanted pesticides at no cost. Plastic Pesticide Container Recycling ProgramFor 2015, the program will collected and granulated properly-rinsed plastic pesticide containers at 32 sites, including nineteen localities, eleven licensed dealers and commercial applicators and two private agricultural producers beginning in November. The 2014 program experienced significant growth collecting nearly 40% more pounds than in the previous year for a total 128,266 pounds. Since inception in 1993, the program has collected almost 1.5 million pounds of containers and is available to any pesticide applicator or dealer in Virginia. New to this program will be the implementation of an intermediate bulk container (IBC) recycling/collection program with the first collections taking place as soon as November. Items of Interest to VirginiaSpray drift;Pollinator protection;Bilingual pesticide labeling. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download