EPA Region 3 Pre-SFIREG Meeting

Minutes and State Reports Fall 2015

Held: October 20/21, 2015

Location: West Virginia Department of Agricultural, Inwood Field Office, Inwood, WV

Present:, 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 1

State 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—Namechange 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—Pollinatorprotection 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 AM

Bee Kill Reporting—submit bee kills to . 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—AlvinHarris, 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 Grants.gov due to limited access.

Next meeting of PreSFIREG April 5-7, 2016 in conjunction with EPA Grant Meeting.

West Virginia Department of Agriculture

Pesticide Regulatory Programs

State Report

EPA Region 3 Pre-SFIREG Meeting

Inwood, WV

October 20-21, 2015

Staff

Pesticide 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.

Regulations

Product 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 Recycling

8 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 Pesticides

In June, 11,648 pounds of liquids and solids were disposed at the price of $0.98 per pound.

WV Plants

Web 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 Protection

Commissioner’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 Delaware

October 16, 2015

Pre-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. TheDriftWatch 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
  • The 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 REPORT