impact on pmp’s - aspcro · impact on pmp’s darren van steenwyk . final injunction can be found...
TRANSCRIPT
Endanger Species Act:
Bay Area Injunction Impact on PMP’s
Darren Van Steenwyk
Final Injunction can be found at: http://www.epa.gov/espp/litstatus/stip
ulated-injuc.html
Species Affected
Not the specific species listed as much as the habitats
Affected Counties
Affected Active Ingredients
• Insecticides
– Pyrethroids:Beta-cyfluthrin, Bifenthrin, Deltamethrin, Cyfluthrin, Cypermethrin, Cyhalothrin, Esfenvalerate, Lambda-Cyhalothrin, Permethrin, Resmethrin
– Fipronil
– Imidacloprid
– Methoprene
Affected Active Ingredients
• Rodenticides
– Brodifacoum,Bromadiolone, Bromethalin, Chlorophacinone, Cholecalciferol, Diphacinone, Difenacoum, Difethialone, Strychnine,Warfarin, Zinc Phosphide
• Fumigants
– Aluminum Phosphide, Magnesium Phosphide, Methyl Bromide
Restrictions
• Depends on the species in a given area
• Specific active ingredients are identified and are associated with certain species
• Buffer zones around applicable habitat of each species that is described in the injunction
Buffer Zones
• The specific buffer zone will depend on the species and the applicable habitat described in the injunction
• Most buffer zones are within 100’ of applicable habitat (if product is applied by ground)
• Other buffer zones vary from 200’, 300’, 400’ or up to 700’
Identification of Habitat
• The applicator must make identification of the endangered species and/or their habitat
within the shaded area on a web based mapper to determine if the address or
location has specific pesticide use restrictions
Zoom in = Pink Polygons
When a specific grid or area is clicked on, it will become highlighted and
identify which species is in that area. • The map will also show which products are
affected in that highlighted area
This link will provide more information on the restrictions within that habitat
and provide a printable map of this
shaded area on the screen
This will show what the applicable habitats are and what the buffer zones will be with which active
ingredient
The buffer zones are limited to the areas around the applicable
habitat within the borders of the shaded blocks on the map
Not all grids/shapes have the same restrictions, even next to each other. It depends on the species identified in each shaded area
The map provides an option for a view that shows landscapes and environmental conditions
Mapper System
• Good if at computer; in field too complicated
– Need to translate info to tech before they get to account
– Can be complicated if not familiar with it
• But may need to do field evaluation by tech to determine if habitat is present
Exceptions/Exemptions to the use restrictions in the Injunction
• Public Health Vector Control
• Invasive Species & Noxious Weed Programs
• Indoor uses of pesticides
• Homeowner applications to household potted plants
• Use of pesticides in flea & tick collars
Exceptions/Exemptions (Cont’d)
• Use of pesticides for spot treatments of wasp & hornet nests, provided such uses are at least 60 feet from protected habitat areas
• Basal bark application to individual plants
Exceptions/Exemptions (Cont’d)
• Use of rodenticides (except brodifacoum, bromadialone, difenacoum and difethialone) for control or rodents adjacent to residential buildings, apartment buildings, nursing homes, hospitals, or food handling processing or serving establishments.
Exceptions/Exemptions (Cont’d)
• Rodenticide exemption, Provided: – (1) the pesticide/rodenticide is applied by a
certified applicator/Field Rep
– (2) the product is used in a tamper resistant bait station deemed to be a Tier 1 bait station according to the standards described in the “Risk Mitigation for Ten Rodenticides” (EPA May 2008)
– (3) the bait stations are placed within 10 feet of the structure
Exceptions/Exemptions (Cont’d)
• Use of pesticides for subterranean termite control, Provided:
– (1) The pesticide is applied by a certified applicator/Field Rep
– (2) The pesticide is used within 10 feet of the structure being treated.
Lesson:
So many if’s, and’s, but’s
Causes confusion as to where/when a product can be used
Result:
If comply, then change/avoid products
Result:
May have competitive disadvantage if not all PMP’s comply
Enforcement
• Still confusing to PMP’s as to who is responsible
• Local enforcement doesn’t know much about this
• Future of enforcement???