2017 MN PIE PESTICIDE UPDATE MIKE FICK, ACI- VERGAS MDA INSPECTION AND ENFORCEMENT UNIT

Transcription

1 2017 MN PIE PESTICIDE UPDATE MIKE FICK, ACI- VERGAS MDA INSPECTION AND ENFORCEMENT UNIT

2 INCIDENT RESPONSE PLAN UPDATE WORKER PROTECTION STANDARD (WPS) WIND SPEED RESTRICTIONS ON LABELS BACKFLOW PROTECTION PALMER AMARANTH Pesticide & Fertilizer Management Division

3 Agricultural Chemicals Are: Fertilizers & Pesticides Herbicides Insecticides Fungicides Rodenticides

4 WHAT IS AN INCIDENT? An event that releases or immediately threatens to release an agricultural chemical accidentally or otherwise into the environment, and may cause unreasonable adverse effect on the environment. MN Statute 18D.01 Subdivision 6

5 AN INCIDENT DOES NOT INCLUDE: A release resulting from the normal use of a product or practice in accordance with the law. MN Statute 18D.01 Subdivision 6

6 INCIDENT RESPONSE PLAN A written Incident Response Plan describes the actions that will be taken to prevent and respond to agricultural chemical emergency incidents.

7 WHO NEEDS TO HAVE A PLAN? Some businesses or persons are legally required to develop and maintain an incident response plan: Pesticide applicators Commercial, noncommercial, structural Pesticide dealers Facilities that store: Pesticides in containers 56 gallons or 100 pounds Bulk fertilizers Anhydrous ammonia

8 INCIDENT RESPONSE PLAN CONTENTS Product labels Safety Data Sheets Use Instructions Proper PPE Use Procedures Spill Cleanup Revision/Update date Employee Review Emergency contacts First aid for exposure Maps and diagrams A sample plan is available at

9 MDA REPORTING REQUIREMENTS On discovering an incident has occurred, immediately report it by phoning the Minnesota Duty Officer: Responsible party must take all reasonable actions necessary to minimize or abate the incident Work with the MDA to contain, control and cleanup the incident Reporting is a precondition of cleanup cost reimbursement for eligible spills

10 WHAT S NEW Recent legislative changes streamline the language between pesticide and fertilizer laws and clearly lay out the following: Incident Response Plans must be updated every three years Employees must be trained yearly Plans are to be made available to local first responders All activities are to be documented! A sample plan form is available at

11 - Document the Dates Date Plan Updated or Reviewed (3year min.) Date of employee training on incident response (yearly) Date Plan offered to local 1 st responders (reoffer when plan changes)

12 MORE INFORMATION

13 Federal regulation since 1992 Revised in 2015 and revisions became effective in January 2, 2016 Pesticide & Fertilizer Management Division

14 If you are a Pesticide Handler or a Agricultural Worker on a farm, or if you work in a forest, nursery, or greenhouse that produces agricultural plants, then you are protected under the Worker Protection Standard. Pesticide & Fertilizer Management Division

15 Agricultural employers on crop-producing agricultural establishments Commercial pesticide handling establishment employers that make agricultural applications Pesticide & Fertilizer Management Division

16 WPS LABELING DOES NOT APPLY TO WOODLANDS / NATURAL AREAS / RIGHT-OF-WAY PASTURE / RANGELAND Pesticide & Fertilizer Management Division

17 WORKER PROTECTION STANDARDS (WPS) APPLIES TO FORESTS THAT ARE HARVESTED WPS ON ESTABLISHED STANDS THAT ARE LOGGED FOR LUMBER OR ARE FOR RESEARCH. WPS DOES NOT APPLY TO FORESTS WHERE NO AGRICULTURE PRODUCT IS HARVESTED Pesticide & Fertilizer Management Division

18 EPA How to Comply with the 2015 Revised Worker Protection Standard For Agricultural Pesticides. Request a copy of the 130 page manual from MDA NATIONAL PESTICIDE INFORMATION CENTER Request a Compliance Assistance meeting with the Ag Chem Investigator in your area to obtain the manual & go over the new requirements. Pesticide & Fertilizer Management Division

19 VIOLATIONS DUE TO WIND SPEED & BUFFER RESTRICTIONS MOST PESTICIDE LABELS HAVE LANGUAGE ADDRESSING WIND, DRIFT AND PRECAUTIONS TO PREVENT OFF TARGET MOVEMENT. MANDATORY LANGUAGE NOTED ON THE PESTICIDE LABEL IS ENFORCEABLE. MDA S ENFORCEMENT ON DRIFT IS BASED ON NONCOMPLIANCE OF THE LABEL. THERE ARE NO MINNESOTA REGULATIONS BASED ON WIND SPEED.

20 LABELS SPECIFIC MPH WIND SPEED RESTRICTIONS THOSE LABELS WITH SPECIFIC WIND SPEED RESTRICTIONS NORMALLY PROHIBIT APPLICATIONS WHEN WIND EXCEEDS 15 MPH. EXAMPLES OF PRODUCTS WITH SPECIFIC WIND RESTRICTIONS: SHREDDER 2,4-D LV6 RUGGED SOLVE 2,4-D HARDBALL FOREFRONT HL

21 LABELS NO SPECIFIC MPH WIND RESTRICTIONS GENERAL WIND RESTRICTIONS ARE ENFORCEABLE IF PESTICIDES DRIFT. EXAMPLES OF GENERAL LABEL RESTRICTIONS: DO NOT APPLY WHEN WEATHER CONDITIONS MAY CAUSE DRIFT TO NON-TARGET AREAS. DO NOT APPLY WHEN WEATHER CONDITIONS FAVOR DRIFT FROM TREATED AREAS. DO NOT APPLY UNDER CIRCUMSTANCES WHERE POSSIBLE DRIFT TO UNPROTECTED PERSONS OR TO FOOD, FORAGE, OR OTHER PLANTINGS THAT MIGHT BE DAMAGED OR CROPS THEREOF RENDERED UNFIT FOR SALE, USE OR CONSUMPTION CAN OCCUR.

22 LABELS - BUFFER REQUIREMENTS OFTEN LABELS REQUIRE A BUFFER FROM DOWNWIND SENSITIVE AREAS, SURFACE WATERS, ETC 2,4-D PRODUCTS REQUIRE A 250 SETBACK FROM RESIDENTIAL AREAS, BODIES OF WATER, HABITAT FOR NON-TARGET SPECIES AND NON-TARGET CROPS LOCATED DOWNWIND.

23 PROTECTING YOUR WATER SUPPLY BACKFLOW PREVENTION AIR GAP PRESSURIZED VACUUM BREAKER (PVB) OR REDUCED PRESSURE PRINCIPLE DEVISE (RPP/RPZ) TAGGED AND ANNUALLY INSPECTED ATMOSPHERIC VACUUM BREAKER (AVB)

24 Air gap examples

25 MDH requires the PVB and the RPZ be tagged and inspected annually by a certified technician. PVB RPZ

26 ATMOSPHERIC VACUUM BREAKER NO SHUTOFF VALVE ALLOWED DOWNSTREAM 6 INCH MIN DISTANCE BETWEEN BOTTOM OF THE AVB AND OVERFLOW TOP OF TANK AVB ADDITIONAL DEVICE ON FAUCETS FOR RINSING PESTICIDE CONTAINERS AND EQUIPMENT

27 MOBILE WATER TANKS USED IN FIELD SPRAYER CAN BE FILLED DIRECTLY FROM A MOBILE NURSE TANK MOBILE NURSE TANK MUST BE FILLED USING MDH APPROVED BACKFLOW PROTECTION. (AIR GAP, RPZ, PVB, AVB) MOBILE NURSE TANK CAN NO LONGER BE FILLED FROM AN UNPROTECTED WATER SOURCE

28 PALMER AMARANTH

29 Pesticide & Fertilizer Management Division