Research, Education & Technology to Restore Aquatic Ecosystems

Transcription

1 Research, Education & Technology to Restore Aquatic Ecosystems

2 AERF Best Management Practices Manual Supported the Pesticide Users Amicus Brief to the U.S. Supreme Court Working with RISE, APMS, EPA and AAPCO on NPDES issues Preparing the aquatic plant management community for comment period and implementation of permitting program 5/19/2010 2

3 Herbicides: In the Right Place at the Right Time Hold on to Your Caps Its Going to be a Bumpy Ride 5/19/2010 Nebraska 3

4 The Label is the Law 5/19/2010 Nebraska 4

5 FIFRA Section 12(a)(2)(G) It shall be unlawful for any person to use any pesticide in a manner inconsistent with its labeling. 5/19/2010 Nebraska 5

6 What is use? The site of application The rate of application Instructions for the frequency and timing of applications Restrictions and warnings Target pest Anything else to protect the public 5/19/2010 Nebraska 6

7 EXCEPTIONS - 2(ee) Mixes Less than label rate Method of Application Unnamed target pest 5/19/2010 Nebraska 7

8 What does it cover? Storage Inventory Transport Disposal Cleanout &Washdown area Equipment PPE Labels MSDS Signs Misc. 5/19/2010 Nebraska 8

9 Penalties Civil - $6,500 (EPA) - $10,000 (FDACS) Criminal Misdemeanor 1 year in jail and/or $25,000 - $50,000 fine 5/19/2010 Nebraska 9

10 PPE What should I wear? Read the damn label! 5/19/2010 Nebraska 10

11 5/19/2010 Nebraska 11

12 Technology-based Effluent Limitations Integrated Pest Management Practices 1. Identify the problem annually for each treatment area Identify area and characterize the problem Identify possible sources of the problem Establish past and present weed desities that serve as thresholds for implementing pest management strategies 5/19/

13 2. Pest Management Strategy (annual) In the development of your pest management strategy, you must evaluate the following management options considering impact to water quality, impact to non-target organisms, pest resistance, feasibility and cost effectiveness. 5/19/

14 Pest Management Strategy (cont.) No Action Prevention Mechanical/Physical Cultural Biological Pesticides 5/19/

15 Pest Management Plan (cont) Select and implement the most efficient and effective means that most successfully minimizes discharges of pesticides 5/19/

16 Pesticide Use Conduct surveillance prior to application and after each application Conduct surveillance after each pesticide application to determine the effectiveness of the treatment; and Apply only when the action threshold has been met 5/19/

17 Pesticide Discharge Management Plan Intended to document the evaluation and selection of control measures and to document the implementation of the permit (inspection, maintenance, monitoring, and corrective action) 5/19/

18 Contents of PDMP PDM Team Problem Description Control Measures Description Pest Surveillance Schedules and Procedures Spill Prevention and Response Equipment Maintenance Procedures Adverse Incident Response Plan Pesticide Monitoring Endangered Species Eligibility Signatures 5/19/

19 Recordkeeping Pest Management Log Permittee s s name, permit nos. Times and dates of activities Target pests Pest Management Strategies and Action Thresholds Pesticides Used Names, amounts and Reg. Nos. Locations and names of waters treated Surveillance methods used Observed impacts to non-target organisms 5/19/

20 Recordkeeping (cont.) When application equipment was calibrated, cleaned and repaired Any required monitoring information 5/19/

21 For no additional charge All NoIs will be published on the internet All reports and records are subject to public disclosure Citizen Suits apply to all activities 5/19/

22 Penalties $37,500 per day 5/19/

23 Questions in the Federal Register Notice The types size and number of entities applying pesticides to US waters? The appropriateness of entities not submitting Notices of Intent? The best way to cover entities that are each partially responsible for meeting permit requirements? The type, size and number of entities already practicing IPM 5/19/

24 Questions in the Federal Register Notice (cont.) Other pesticide use patterns that should be covered under this permit? The appropriateness of the threshold sizes? The appropriateness of ambient water quality sampling and who should be required to do this? 5/19/

25 Carlton R. Layne Executive Director /19/