State Pesticide Regulation Update 2023: Mandatory Changes and Stakeholder Involvement
The State Pesticide Regulation Update for 2023 brings significant changes including Restricted Use Pesticide applications, record-keeping requirements, and supervision of applicators. The revisions were prompted by applicator certification and training rules set by the EPA, along with public awareness around dicamba drift issues. Various stakeholders, including the Indiana Pesticide Review Board and pesticide industries, were actively engaged in the rulemaking process. The update mandates that all applications of Restricted Use Pesticides must be done by fully certified applicators, with changes to supervision requirements for private and commercial applicators. Federal supervision guidelines were deemed too prescriptive, leading to more flexible state rules. Additionally, the update eliminates paper exams in favor of appointments at Metro Institute testing centers.
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STATE PESTICIDE REGULATION UPDATE 2023 MANDATORY REGULATORY TOPIC PRESENTED BY:
STATE PESTICIDE REGULATION UPDATE Restricted Use Pesticide (RUP) Applications Restricted Use Pesticide (RUP) Record Keeping Applications Sales Supervision of non-certified applicators 2021 Civil Penalty Schedule 2023 Dicamba Use Restrictions
WHAT PROMPTED THE REGULATION REVISIONS? Applicator Certification, Supervision & Record Keeping Federal (EPA) applicator certification & training rules 40 CFR 171 Requires states to adopt rules & requirements significantly comparable to federal rules to maintain authority to certify applicators. 2021 Civil Penalty Schedule Penalties had not been adjusted for over 30 years Public awareness created by attention to dicamba drift
MANY STAKEHOLDERS ENGAGED IN RULEMAKING In addition to the Indiana Pesticide Review Board, input was received from most of the pesticide industries.
All applications of RUP must be by a fully certified applicator. Supervision of RUP use no longer permitted for private or commercial applicators. Applicator Certification Certification requirements for both commercial & private applicators unchanged: Farmer/Private Applicator Core (standard) Core + 7d (fumigation) Core + 11 (aerial) Commercial Applicator Core + category
Federal supervision became too prescriptive: Annual training of noncertified applicators Record keeping for annual training Daily equipment inspections Record keeping for daily inspections Daily written site & condition specific instructions Record keeping for daily instructions Why was supervision eliminated for RUPs? Comparable state rules would result in numerous technical violations. Allowed for more flexible GUP supervision requirements.
No more paper exams Exams by appointment at Metro Institute testing centers: http://Indiana.metrosignup.com/ Certification Exam Process Training manuals and optional exam prep training: https://ppp.purdue.edu/
Supervision of RUP use no longer permitted for commercial or private applicators. Supervision of GUP use by commercial for-hire applicators still permitted. Supervision of Noncertified Applicators Commercial GUP supervision by: physical presence of commercial applicator; OR Noncertified applicator is Registered Technician
Supervisors must: work for the business ensure direct voice or text communication provide: paper or e-label label equipment label PPE label training & instruction GUP Supervision by Commercial Applicators
3 ways to become an RT: Pass Core Exam same Attend whole-day Core Training (no exam) new Attend 1/2-day RT Training (no exam) new Registered Technician(RT) Process Submit application & fees Under the new rule, there is no limit as to the number of RT s a certified supervisor can supervise
Notable ALL applicators must have access to pesticide labels at all times the pesticide is being used. can be electronic (e-label) must be able to produce a label when required.
Notable: Truck drivers are not required to be certified and licensed if they ONLY transport unopened RUP or GUP containers, or, hot loads (mixed by a certified and licensed applicator) . IN ALL CASES, a fully certified commercial applicator or private applicator must be present to open and mix the products or direct the loading of the hot load into the spray rig.
(1) Name of customer or property owner of the site of application. (2) Address, geographic coordinates, or general location description of site of application. (3) Name of the responsible certified applicator. (4) License number of the responsible certified applicator. (5) Name of the supervised noncertified applicator. NOT APPLICABLE FOR RUPs (6) Date of application (month, day, and year). (7) Start and stop times of the application. NEW! (8) Description of plant, crop, animal, commodity, stored product, or site treated. (9) Principal pests to be controlled. (10) Specific acreage, area, parts of a structure, parts of a property, or number of plants or animals treated, or other appropriate description. (11) Brand name of pesticide product applied (12) EPA registration number of the pesticide product applied, if applicable. (13) Amount of pesticide product used, expressed as either total quantity or volume of: (A) packaged product; or (B) and active ingredient concentration (percentage). New RESTRICTED USE PESTICIDE APPLICATION Recordkeeping Requirements
(1) Name of the certified applicator for whom the purchase or distribution is being made. (2) Certification, license, or permit number of the certified applicator. (3) If other than from the state chemist, the state, tribe or federal agency that issued the certification. NEW! (4) Certification, license, or permit expiration date of the certified applicator. (5) Certification, license, or permit categories of the certified applicator. NEW! (6) Address of the certified applicator or application business that employs the certified applicator. NEW! (7) Date of distribution. (8) Brand name of the pesticide product. (9) EPA registration number of the pesticide product. (10) Amount of pesticide product distributed. (11) Any applicable emergency exemption or state special local need registration number. NEW! (12) Signature or verifiable confirmation of the person presenting the certification credentials, ordering or taking delivery of the product. New RESTRICTED USE PESTICIDE SALES Recordkeeping Requirements
Eliminates differing penalties for private applicators ($100) vs. all other applicators & regulated entities 2021 Civil Penalty Legislation Eliminates escalating penalties for 1st, 2nd, 3rd violation within 5 years Incorporates concepts of higher penalties for adverse effects, RUP vs. GUP, intent, knowing or fraudulent acts
Three penalty buckets: Warning $250 $500 $1000 Some violations appear in more than one bucket, such as: GUP vs. RUP Unknowingly vs. knowingly After written notice Potential for human or environmental harm Adverse effect or not 8-10-22 17
Adverse Effect Mimics the term sufficient quantity to cause harm from state drift rule. Adverse effect means a pesticide exposure to a nontarget site that results in: (1) pesticide residues in excess of established food or feed tolerances established by EPA; (2) pesticide residues in excess of environmental standards or benchmarks established by a federal or state agency; OR (3) visible, measurable, or documented: (A) death; (B) illness; (C) stunting; (D) deformation; (E) discoloration; or (F) other effects that are detrimental to the nontarget site.
Written WARNING for 1st incident of violation of any requirement in state law or regulation that is not specifically included in the $500 or $1000 penalty categories. Warning first then $250 Civil Penalty Bucket $250 for 2nd and subsequent incidents of violation within the 5 years of the date of the warning for the same violation type. Warning $250
Store GUP minibulk outside of secondary containment after 30-day delivery date. After written notice neglect to: keep records; or supply information to OISC. Make false or fraudulent records. Misuse RUP, but no adverse effects. Misuse GUP, result in adverse effect. Drift GUP, result in adverse effect. $500 Civil Penalty Bucket $500
No mitigation for $1000 penalty bucket Mitigation potential for $250 and $500 buckets Civil Penalty Mitigation (Reduction) OISC may reduce penalty by 20% for each: Cooperated with OISC during investigation or inspection Took corrective action to prevent repeat of similar violation Compensated a victim for any adverse effect resulting from violation
$1000 Civil Penalty Bucket Distribute RUP to a noncertified person. Store GUP or RUP bulk or RUP minibulk outside of secondary containment. Refuse to: keep records; or supply information to OISC. Intentionally make false reports/records. Misuse RUP, result in an adverse effect. Drift RUP, result in an adverse effect $1000
2023 Dicamba Use Restrictions 2023 Dicamba Use Restrictions Registrants for Engenia, Tavium & Xtendimax asked EPA to revise application cutoff dates for over-the-top (OTT) use on soybeans. Application cutoff dates revised for 2023 Indiana, Iowa, Illinois June 12th or V4 target soybean growth stage, if earlier South Dakota June 20th or V4 soybean growth stage Minnesota June 12th (south) or June 30th (north) or V4 growth stage
Where will I find state labels & cutoff dates ? Where will I find state labels & cutoff dates ? No more than 7 days before application of this product the user must check the following website for additional labeling, including state restrictions: www.xtendimaxapplicationrequirements.com , OR www.EngeniaHerbicide.com/labels , OR www.TaviumApplicationRequirements.com
Will use of all other dicamba products be Will use of all other dicamba products be impacted by this federal label change? impacted by this federal label change? No June 12th cutoff applies to three OTT soybean products only. June 20th is still the Application cutoff for all other dicamba products Dicamba Herbicide Update https://oisc.purdue.edu/pesticide/dicamba.html
TO SUMMARIZE: 1. ALL RUPs must be applied by a certified applicator; no supervision. 2. Supervision for GUPs became simpler. 3. Addl. items must be kept for RUP Records. 4. New 2021 penalty schedule implemented. 5. June 12th appln. cutoff for OTT dicamba. https://oisc.purdue.edu/pesticide/index.html
