Pesticide Administrators Update

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PesticideAdministrators Update

• IPLLA Summer Field Day
• -August 25, 2005-

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Administrators Update

• -Dave Scott-
• Office of the Indiana State Chemist
• Indiana Pesticide Review Board

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We will try to address today

• OISC IPRB whats the difference?
• Recent regulatory revisions
• Regulatory revisions under consideration
• Enforcement review for 2004
• Compliance issues on the radar screen

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OISC IPRB whats the difference?

• Indiana Pesticide Review Board (IPRB)
• -twenty plus members
• -appointed by the Governor
• -hold quarterly meetings
• -make revise pesticide rules policy
• -reviews activities of OISC
• -first level of appeal for enforcement
  hearings

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Office of Indiana State Chemist

• OISC
• State agency employees (at Purdue)
• Not absorbed by new Indiana Department of
  Agriculture
• Administer enforce laws rules
• Provide data input to IPRB as part of rule
  policy making process

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OISC staff changes

• Currently searching for a new State Chemist
• Interested ? www.isco.purdue.edu
• 4 ag green industry 2 structural
  investigators being converted to do all
• -Structural complaints on the decline
• -Unlicensed complaints on the rise
• -Need to economize shrink territories

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Recent regulatory revisions

• Review
• -Laws by the State Legislature
• -Rules by the IPRB
• No recent law changes
• Rule revisions
• -Civil penalty rule
• -Applicator supervision rule
• -3b RT rule
• -7b RT rule

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Civil penalty rule

• Creates a table of fines for each specific
  violation
• Specifies which violations have fines assessed on
  per incident or per day basis
• Puts 180 day cap on continuous per day violations
  
• Designates some specific violations as not
  subject to mitigation (reduction)

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Applicator supervision rule

• Absorbed 3bRT 7bRT supervision requirements
• Requires RTs for all categories
• Core exam required for RT
• Requires fact sheet as part of site specific
  instructions for RTs

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3b RT rule

• Now 3b experience requirement only
• Hands on training program
• 90 days as turf RT
• One year as applicator in another category
• Turf related degree

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7bRT rule

• Now 7b experience requirement termite control
  record keeping only
• Hands on training now only option
• Keep application records for 5 years
• Customer disclosure form for less than label
  treatments

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Law revisions being considered

• Legislature
• Product applicator fee increases
• Fees small grant from EPA supports all OISC
  activity no state funds
• Last fee increase was 1990
• Product fees biggest source of income

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Rule revisions being considered

• IPRB
• Drift
• Applicator category definitions limits
• Advance public notification

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Draft drift rule (new)

• IPRB voted on 7-21-05 to start rule process
• Rule making or revision takes about a year
• Currently off-target drift enforcement limited by
  language on the label
• Would make it a violation if you
• 1) drift off-target
• 2) in sufficient quantity to cause adverse
  
• effects to non-target site

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Applicator category rule

• IPRB heard enforcement appeal on fine for
  operating outside of category on 7-21-05
• Upheld enforcement (fine) but assigned committee
  to make category definitions as clear as possible
• 3a vs. 3b
• 7a vs. 7c
• 3b vs. 7a
• Overlap of some categories (moles, geese, fleas,
  barrier treatments, ornamental beds, parking
  lots, pond edges)
• Next meeting 11-10-05

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Applicator business numbers

• For hire at April 1, 2005
• 3b1367976
• 1a1347510
• 7a1039502
• 3a850648
• 7b523350

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Advance notification

• Area wide mosquito control is main focus
• IPRB studied before with no resolution
• Some citizens requesting revisit
• Expand to other uses areas ?
• Public areas buildings ?
• Near sensitive neighbors ?

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Enforcement 2004

• Unlicensed businesses
• Non-credentialed or supervised employees
• Failure to wear PPE
• Fraudulent applications

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Compliance issues on the radar

• PPE not being wornnew ride on sprayers
• EPA asking states to collect non-ag dataWPS
• Older sprayers 3gal/1000 sq ft..larger droplets
• Newer sprayers ½ to 1 gal/100 sq ftsmaller
  droplets increase drift potential
• Water quality impacts from granules left on hard
  surfaces
• Use at schools, golf courses, public institutions

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Take home messages

• Supply wear label required PPE to avoid federal
  WPS-like rule for your industry
• Keep your granules in the turf
• Keep your sprays on-target
• Consider weigh in on
• -advance notification
• -applicator category definitions

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Thank You !

• Questions ?