FOREST SERVICE MANUAL PACIFIC SOUTHWEST REGION (R5) VALLEJO, CALIFORNIA

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1 FOREST SERVICE MANUAL PACIFIC SOUTHWEST REGION (R5) VALLEJO, CALIFORNIA FSM ENVIRONMENTAL MANAGEMENT CHAPTER PESTICIDE USE MANAGEMENT AND COORDINATION Supplement No.: Effective Date: 10/16/2014 Duration: This supplement expires 5 years from the effective date unless superseded or removed earlier. Approved: Randy Moore, Regional Forester Date Approved: 10/2/2014 Posting Instructions: Supplements are numbered consecutively by Manual number and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. Last Change: , 2/11/2008, to chapter 50. New Document: 2150, 5 pages. Superseded Document(s): Effective 2/11/2008, 8 pages. Digest: Makes technical, formatting, and editorial changes throughout the chapter. Codes and captions throughout have been edited to conform to revised national direction in FSM 2150 (Amendment No ) Incorporates Regional policies on pesticide-use that had previously been contained in policy letters to the field Code changed from chapter and incorporates text from chapter a. Text clarifies process for Regional Forester approval of pesticide uses that are not delegated to

2 forest supervisors. Clarifies that forest supervisors can delegate pesticide-use approval authority to district rangers. Deletes Exhibit Adds definition for adjuvant, and modifies definition for restricted-use pesticide to account for state of California additional classifications States that the Pesticide-Use Proposal (Form FS ) meets state of California requirements in regulation to provide a written treatment prescription. Final review of most Pesticide-Use Proposals (exceptions in chapter ) is delegated to forest pesticide-use coordinators Chapter renamed and wording from Chapter 2155 moved here to align with national FSM Subchapter deleted, including Exhibit 01as both refer to an obsolete MOU Code changed from Clarification of when pesticide handler training and pesticide applicator certification is needed for Forest Service employees Renumbered to Chapter Provides contact information for California pesticide applicator certification Deleted as it referenced an obsolete publication Deleted as it referenced obsolete reports. Page 2

3 POLICY FSM Environmental Management In managing and coordinating the use of pesticides, in addition to policies described in FSM 2150, it is Pacific Southwest Region policy to: 1. Only use pesticides registered by both the state of California and the U.S. Environmental Protection Agency, and only use adjuvants registered by the state of California, within those portions of the Pacific Southwest Region that are within the state of California. 2. Follow all state of California pesticide-related laws and regulations in planning and implementing pesticide applications within those portions of the Pacific Southwest Region that are within the state of California to the extent that they do not conflict with federal laws and regulations or Forest Service policies or management authorities. 3. Pesticide-use training and certification for Forest Service employees who use, or directly supervise the use of, restricted-use pesticides on Forest Service lands within the state of California will be accomplished through the State of California s pesticide applicator certification program Responsibility Forest Supervisors and District Rangers Approval authority is delegated to Forest Supervisors for all pesticide-use proposals, except the following: 1. Any pesticide use in Wilderness, which includes Wilderness study areas. 2. Any pesticide use in established or candidate Research Natural Areas. 3. Any use of any amount of sodium cyanide. 4. Any aerial application of the herbicide hexazinone. In order to gain Regional Forester approval of the undelegated uses (above), the Forest Supervisor shall submit to the Regional Forester (attention to the Regional Pesticide-Use Coordinator) the completed, but unapproved Pesticide-Use Proposals (Form FS ), the final environmental analysis, along with sufficient supporting documentation (e.g. specialist s reports, Minimum Requirements Decision Guide (MRDG), etc.) to support the use of pesticides in these situations. The Forest Supervisor shall submit these environmental documents before the Forest Supervisor's approval and signature of the project s decision document. The environmental analysis must contain sufficient analysis and documentation to fully satisfy FSM 1950 Environmental Policy and Procedures and FSH , National Environmental Policy Act Handbook. Once the Regional Forester has approved the use, the signed Pesticide-Use Proposals will be sent back to the Forest Supervisor. The Forest Supervisor may delegate, in writing, approval authority to the District Rangers for all pesticide-use proposals except those reserved by the Regional Forester. The Forest Supervisor shall appoint a Forest Pesticide-Use Coordinator. The Coordinator provides a focal point for pesticide-use questions and concerns, and assures staff-level attention and coordination to critical and highly visible pesticide uses. If possible, the Coordinator shall be certified in the appropriate pest control categories to use or supervise the use of restricted pesticides. Page 3

4 The Forest Supervisor shall advise the Regional Director of State and Private Forestry of the name of the designated Forest Pesticide-Use Coordinator and any subsequent replacement. Forest Pesticide-Use Coordinator. The duties and responsibilities of the Forest Pesticide-Use Coordinator are to: 1. Maintain contact and familiarity with all pesticide-use activities on the forest. Provide technical direction for pesticide use in accordance with current Federal and State regulations. 2. Provide direction for proper storage and disposal of pesticides and pesticide containers (FSM 2153). Provide periodic review(s) of storage and handling of pesticides. 3. Review all pesticide-use proposals (form FS ), recommend action to the Forest Supervisor and maintain required records. Inform the Regional Forester, by means of an approved form FS , of any pesticide projects which may be controversial. 4. Identify pesticide-use training and certification needs. 5. Inform California Department of Fish and Wildlife, Regional Water Quality Control Boards and other agencies and groups about proposed pesticide uses on the forest. 6. Review planned uses of pesticides to ensure they are approved for use. 7. Review selected pesticide applications, including those by permittees, grantees, contractors, concessionaires, or licensees to determine if properly trained or certified (if required) personnel are involved in the application, and that applications comply with pesticide label requirements, California laws and regulations, and Forest Service constraints. 8. Review reports of accidents or incidents involving pesticides before final submission to the Regional Forester. 9. Review project work plans for pesticide use for adequacy of safety, monitoring, and post-control evaluation considerations. 10., 5 Check pesticide use records from each Ranger District for accuracy. As needed, develop reports and information summaries associated with pesticide-use activities occurring on the Forest Definitions Adjuvant - a material added to a pesticide mixture to improve or alter the deposition, toxic effects, mixing ability, persistence, or other qualities of the pesticide active ingredient. Restricted-Use Pesticide - In addition to the definition in WO FSM 2150, within the state of California, restricted use pesticides also include those pesticides described in the California Code of Regulations (Title 3 (Food and Agriculture) Division 6 Pesticides and Pest Control Operations, section Restricted Materials). Page 4

5 PLANNING AND REVIEW OF PESTICIDE-USE Pesticide-Use Proposal (FS ) The final review of the Pesticide-Use Proposal (Form FS ) is delegated to the Forest Pesticide-Use Coordinator for all pesticide uses except those not delegated for Forest Supervisor approval as listed in Chapter (above). The Pesticide -Use Proposal (Form FS ) meets the state of California s requirement for a written treatment prescription for pesticide applications, as stated in California Food and Agricultural Code section Pesticide-Use Safety Planning An Application and Safety Plan shall be written for each project that involves pesticide applications. It will include a map showing the area(s) to be treated, loading and mixing sites, flight routes, if aerial applications are proposed, land ownership, places of permanent human habitation, domestic water sources and sensitive areas to be treated or avoided. This plan shall also include a project-level spill plan and a medical treatment/evacuation plan PESTICIDE-USE EVALUATION AND QUALITY CONTROL Post-Application Evaluation Forest Supervisors shall conduct post treatment evaluations of all project involving pesticides on their forests. File such evaluation reports with their appropriate project file and, as appropriate, in the national database of record PESTICIDE-USE TRAINING AND CERTIFICATION Forest Service employees, who are not certified applicators, that are working on force-account pesticide applications, pesticide application contracts (e.g., inspector or Contracting Officer Representative (COR)) and any other employee who might regularly be on site during or immediately after pesticide applications shall undergo annual training as a pesticide handler prior to engaging in such work. Annual training shall meet California state regulations. When the pesticide being applied in a contract is a restricted-use pesticide, the COR or lead inspector will be a California state-certified pesticide applicator Certification For California state certification study materials, examination schedules, and an application for certification, refer to the California Department of Pesticide Regulation s website. Page 5