Professional pest control operators may soon be required to make changes in how they apply pyrethroid pesticides. The new requirements are contained in new surface water regulations proposed by the California Department of Pesticide Regulation and in label changes required by the United States Environmental Protection Agency to help ensure that pesticides are applied in a manner minimize run off that may reach surface waters.
Federal Environmental Protection Agency (EPA):EPA has begun to address concerns about surface water runoff by initiating a series of product label changes. Each product label must be individually modified by the registrant and then reviewed and approved by EPA, thus the time line for each product may vary. Key dates and an approximate time frame are listed below. Some products already have the new language. Most products will carry the new label language by early 2012. Again, each product is handled individually and may vary from what is outlined below:
June 2009 EPA sends letter to pyrethroid registrants detailing new Environmental Hazard Statements and modified directions for use.
[Any new pyrethroid products or label changes approved much past this date will already have the new language]
June 2010 Registrants are requested to have their individual product labels modified to include the new language and submitted to EPA.
September 2010 EPA must review each label, approve or modify and return to the registrant. EPA could take 90 days or more depending on the complexity of the label and whether or not other label changes were requested at the same time.
March 2012 Once a label has been approved by the EPA, registrants have up to 18 months to use up stocks of existing packaging components and switch over production to the new label. Although each product may be different, deadlines like this are typically directed at the manufacturers. The EPA usually allows distributors and PMPs to buy, sell and use any product that is already in the channels of trade.
California Department of Pesticide Regulation:While similar in intent to the federal EPA label changes, California’s Department of Pesticide Regulation (DPR) is implementing them more quickly through regulations that target urban uses. States can be more restrictive than the federal label but cannot change the actual labels, which only EPA is authorized to do.
California’s DPR is planning to issue new Surface Water Protection Regulations, that will apply to all certified professional applicators. The new regulations will apply to a list of 17 pyrethroids used in pest control businesses, including maintenance gardeners. The changes required by California’s new proposed regulations are expected to take effect before EPA completes its process of modifying each individual product label.
The following represents a rough timeline for DPR’s process, which typically is a 6-9 month process but can take up to a year.
October 28, 2011 - DPR posted a notice of proposed rulemaking for public comment on their regulations. Once noticed, manufacturers, Pest Control Operators of California (PCOC) and other stakeholder groups will have 45 days (until December 12, 2011) to provide comments on the proposal. Learn more
December 2011 - January 2012 DPR will consider and respond to comments. DPR’s review may take 30 to 60 days. It is likely that some changes to the proposed regulations will occur based on comments. Learn more
February - March 2012: If DPR makes modifications to their initial proposal, it will be noticed for another 15-day public comment period and PCOs may offer additional responses. If the modifications are major, the comment period must be 45 days.
March - April 2012 DPR will consider any comments submitted during the second comment period and make final changes as appropriate.
May - June 2012: DPR will send the final proposed regulations to the California Office of Administrative Law (OAL). OAL has 30 working days to review and approve the regulations.
July 18, 2012: California Department of Pesticide Regulation issues new restrictions on pyrethroid pesticides in new surface water regulations.