Research, Education & Technology to Restore Aquatic Ecosystems

Research, Education & Technology to Restore Aquatic Ecosystems

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

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

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

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

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

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

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

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

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

5/19/2010 Nebraska 11

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 5/19/2010 12

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. 5/19/2010 13

Pest Management Strategy (cont.) No Action Prevention Mechanical/Physical Cultural Biological Pesticides 5/19/2010 14

Pest Management Plan (cont) Select and implement the most efficient and effective means that most successfully minimizes discharges of pesticides 5/19/2010 15

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 5/19/2010 16

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) 5/19/2010 17

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 5/19/2010 18

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 5/19/2010 19

Recordkeeping (cont.) When application equipment was calibrated, cleaned and repaired Any required monitoring information 5/19/2010 20

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 5/19/2010 21

Penalties $37,500 per day 5/19/2010 22

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 5/19/2010 23

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? 5/19/2010 24

Carlton R. Layne Executive Director 678-773 773-1364 CLayne@Aquatics.Org 5/19/2010 25