PEP-Talk, August, 2003

PEP-Talk, August, 2003

Pesticide Education Program
Ohio State University Extension
Joanne Kick-Raack, State Coordinator
Cindy Folck, Communications
Vol. 7, Issue 8

In This Issue

Crisis Emergency Exemption for Topsin M

Funding Cuts for Pesticide Programs may be Eminent

EPA Releases Guidance on Aquatic Applications

Ohio Community Bans Spraying for West Nile Virus

Some Carbaryl Uses to be Cancelled

Pesticide Development Costs Increasing

Publication on Pesticide Sales and Use

Ohio Makes Toxics Release Inventory List

EPA Issues Stop Sale Orders

Pesticide Crop Watch

Upcoming Events

Crisis Emergency Exemption for Topsin M

A crisis emergency exemption Section 18 has been issued for Topsin M WSB Fungicide for use on fruiting vegetables (tomatoes, eggplants and peppers) for control of sclerotinia: white mold or timber rot. The exemption will be effective until the Section 18 request has been approved or denied. The label is available on our website at http://pested.osu.ed and follow the link to "General Information."

Funding Cuts for Pesticide Programs May Be Eminent

The loss of fiscal year 2003 funds for pesticide applicator training programs across the U.S. may become reality. In May, U.S. EPA announced that the funds for pesticide training may not be passed to USDA for distribution to Extension programs in all 50 states and territories. Subsequent meetings between EPA and USDA have not resolved the issue of eliminating program funds toward certification and training of pesticide applicators.

The National Association of State Departments, along with the Association of American Pesticide Control Officials and the American Association of Pesticide Safety Educators, have communicated to EPA the need to continue funding for pesticide safety training, materials development and activities for pesticide applicators. Funding for Extension pesticide applicator training programs have not increased since the 1970s when certification and training programs for pesticide applicators were started. Continued federal funding of these programs for fiscal year 2004 and beyond could also be in jeopardy. The ultimate impact will be on growers and industries who rely on pesticide applicator training to retain their required license. The loss of training programs will make it more difficult for them to meet their continuing education requirements.

EPA Releases Guidance on Aquatic Applications

Several recent court cases have caused confusion about aquatic applications of pesticides. Some of the court decisions have argued that a National Pollutant Discharge Elimination System (NPDES) permit is required for pesticide application according to the Clean Water Act (CWA) - even though the pesticide is labeled for aquatic application under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This has created confusion on whether the CWA supersedes FIFRA.

EPA recently issued interim guidance on this issue with the agency's interpretation of the CWA and FIFRA. A NPDES permit will not be required if:

"1. Application of the pesticides directly to waters of the United States in order to control pests (for example mosquito larvae or aquatic weeds that are present in the water) and

2. The application of pesticides to control pests that are present over waters of the United States that result in a portion of the pesticide being deposited to water bodies (for example when insecticides are aerially applied to a forest canopy where water may be present below the canopy or when insecticides are applied for control of adult mosquitoes.)"

EPA is soliciting comments on this interim statement and guidance through the Federal Register before it becomes a final position of the agency. In the meantime, application of pesticides in accordance to their label will not require a NPDES permit. A copy of the interim statement is available (Source: EPA Pesticide Program Update, July 16, 2003)

Ohio Community Bans Spraying for West Nile Virus

The City of Lyndhurst, a suburb of Cleveland, passed an ordinance in early July to prohibit the spraying of adulticides to control adult mosquitoes. The city has decided to rely on larvaciding and public education of reducing exposure to mosquitoes and draining breeding sites to control the virus. The council was quoted as stating, "the risk/benefit analysis conducted by experts clearly indicates that the dangers of WNV are minimal and affect a very small segment of the population and that the long-term health and environmental risks of spraying with synthetic pesticides poses a much greater risk." However, this ordinance will likely be challenged. Ohio law has a state preemption rule that does not allow local regulation of pesticide activities to supersede state regulations.

The Centers for Disease Control recently released a study in the "Morbidity and Mortality Weekly Report" that studied the acute insecticide-related illness associated with mosquito spraying in nine states from 1999 - 2002. The study found there weren't any serious acute health risks with mosquito spraying. Although the study only looked at acute effects rather than long-term effects, the report recommends that using adulticides when there is a threshold of elevated risk of human infection, or in areas where mosquito larvae are difficult to control. The report can be accessed.

Currently, the West Nile Virus Workgroup has developed a plan entitled, "Combating West Nile Virus - the Plan for the State of Ohio" The plan encourages communities to adopt a larvaciding program and public education about reducing breeding sites and personal protection. The plan also outlines the thresholds for beginning an adulticiding program based on high positive identification of mosquito, bird, horse and human infection rates.

Some Carbaryl Uses to be Cancelled

Carbaryl, sold under the trade name Sevin, is one of the most widely used broad-spectrum insecticides in agriculture, professional turf management and ornamental production with uses in residential pet, lawn and garden markets. EPA recently released the Interim Reregistration Eligibility Decision (IRED) for carbaryl as part of the review of all carbamate pesticides.

Carbaryl can cause cholinesterase inhibition in humans which means it can overstimulate the nervous system causing nausea, dizziness and confusion. Although classified as a likely human carcinogen, the non-cancer risks were the primary focus of the IRED.

The risk mitigation measures for carbaryl include cancellation of use on wheat, pet use (except pet collars), broadcast applications using liquid formulations on residential lawns and turf and applications by hand, spoon and bellygrinder. The maximum application rate has been reduced for mosquito control.

There will be additional personal protective equipment (PPE) and engineering controls on the label for ground airblast and aerial/chemigation applications and for use of granular and bait, liquid and wettable powder formulations. Current 12-hour restricted entry intervals (REI) will be extended for most crop uses. Home garden/ornamental dust products must be packaged in ready-to-use shaker can containers, with no more than 5 lbs. active ingredient per container.

A fact sheet about the carbaryl IRED is available. EPA will provide a 60-day public comment period soon on the carbaryl IRED. Check out the carbaryl reregistration information for when the comment period will begin.

Pesticide Development Costs Increasing

The average cost of discovery, development and registration for bringing a crop protection product to market has increased to a level eight times higher than 20 years ago, according to a study by CropLife American and the European Crop Protection Association. In 1995, it only cost about $152 million to bring a product to market, compared with $184 million in 2000. The development period for a new product has increased from 8.3 years in 1995 to 9.1 years in 2000. (Source: The Label, University of Nebraska-Lincoln, Vol. 13, No. 7)

Publication on Pesticide Sales and Use

The EPA has a publication available on pesticide sales and use for 1998-99. The report is available. The website also has versions of the previous reports from 1996-97 and 1994-95.

Ohio Makes Toxics Release Inventory List

EPA released the 2001 Toxics Release Inventory which shows that overall releases of toxic chemicals dropped about 15 % from 2000 to 2001. The data is compiled from about 25,000 facilities nationwide about on- and off-site releases of 650 chemicals and chemical classes. The inventory does not involve companies with less than 10 employees, or those that use less than 10,000 pounds of chemicals that are included in the Toxics Release Inventory.

Ohio ranked fourth in the states with chemical manufacturing discharge. A quarter of all chemical manufacturing industry releases occurred in Texas with Louisiana ranking second and New Jersey coming in third. (Source: Pesticide & Toxic Chemical News, Vol. 31, No. 37)

EPA Issues Stop Sale Orders

U.S.EPA issued a stop sale of unregistered "SARS" pesticide products. Two affiliated companies were marketing six unregistered pesticides that they claimed would protect the public from Severe Acute Respiratory Syndrome (SARS). The two companies were Phillips Technologies, LLC of Millersville, Md. and SARS Research Labs of Tampa, Fla. In Michigan, a man pled guilty to violating the Federal Insecticide, Fungicide and Rodenticide Act by selling a product called "Kritter Killer" as a rodenticide for prairie dogs. The product contained perchloroethylene which is a suspected carcinogen. (Source: EPA Pesticide Program Updates, 6/17/03 and 7/24/03)

Pesticide Crop Watch

Insecticides

Baytex (fenthion) - Bayer has proposed to EPA to voluntarily cancel the use of this product by 6/30/04 with usage until 11/30/04

Diazinon - EPA has received requests from some manufacturers to cancel non agriculture registrations of diazinon. Drexel Chemical Co. and Makhteshim Chemical Works, Ltd. have requested to voluntarily cancel their outdoor non-agricultural diazinon technical product registrations. Walla Walla Environmental, Inc. has requested to voluntarily cancel its residential end-use product containing diazinon.

Distance (pyriproxyfen) - Valent has added to their label the control of euonymous scale, fungus gnats, shore flies and the suppression of mealy bugs.

Poncho (clothianidin) - Bayer has received EPA registration for use as a seed treatment on corn to control cutworms and rootworms.

Herbicides

Discover (clodinafop) - Syngenta has added to their label the control of green and yellow foxtail at lower rates.

Distinct (diflufenzopyr/dicamba) - BASF has added to their label the use on popcorn and the control of volunteer potatoes.

Fungicides

GB34 (Gacillus pumilus GB34) - EPA has approved an application by Gustafson to register this new active ingredient for use as a soybean seed treatment to suppress root disease caused by rhizoctonia and fusarium

Green Releaf (Bacillus licheniformis and indole acetic acid) - Treatment of ornamental turf, lawns, golf courses, ornamental plants, conifers and tree seedlings in outdoor, greenhouse and nursery sites.

(Sources for Pesticide Crop Watch: Agricultural Chemical News, Vol. 286; Chemically Speaking, University of Florida Extension, June 2003; EPA Pesticide Program Updates, 7/17/03)

Upcoming Events

Wood-Destroying Insect Inspection Training
October 2, 2003, 9:00 a.m. - 4:00 p.m.
Ohio Department of Agriculture, Reynoldsburg

PAT Agent Inservice
January 7 & 8, 2004
Agriculture Administration Building Auditorium
Ohio State University Campus, Columbus

General Commercial Pesticide Applicator Recertification Conferences
(turf, ornamental, pest control, industrial vegetation)
November 25, 2003 - Cleveland/Independence Holiday Inn
December 17, 2003 - Dayton Convention Center
January 14, 2004 - Perrysburg Holiday Inn, French Quarters
February 17, 2004 - Columbus Convention Center

Field Crops Commercial Pesticide Applicator Recertification Conferences
January 28, 2004 - Lima Holiday Inn
February 4, 2004 - Fawcett Center, Ohio State University, Columbus

------------------------------------------------------------------------

All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status. Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture, Keith L. Smith, Director, Ohio State University Extension.

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	PEP-Talk, August, 2003 Pesticide Education Program Ohio State University Extension Joanne Kick-Raack, State Coordinator Cindy Folck, Communications Vol. 7, Issue 8 In This Issue Crisis Emergency Exemption for Topsin M Funding Cuts for Pesticide Programs may be Eminent EPA Releases Guidance on Aquatic Applications Ohio Community Bans Spraying for West Nile Virus Some Carbaryl Uses to be Cancelled Pesticide Development Costs Increasing Publication on Pesticide Sales and Use Ohio Makes Toxics Release Inventory List EPA Issues Stop Sale Orders Pesticide Crop Watch Upcoming Events Crisis Emergency Exemption for Topsin M A crisis emergency exemption Section 18 has been issued for Topsin M WSB Fungicide for use on fruiting vegetables (tomatoes, eggplants and peppers) for control of sclerotinia: white mold or timber rot. The exemption will be effective until the Section 18 request has been approved or denied. The label is available on our website at http://pested.osu.ed and follow the link to "General Information." Funding Cuts for Pesticide Programs May Be Eminent The loss of fiscal year 2003 funds for pesticide applicator training programs across the U.S. may become reality. In May, U.S. EPA announced that the funds for pesticide training may not be passed to USDA for distribution to Extension programs in all 50 states and territories. Subsequent meetings between EPA and USDA have not resolved the issue of eliminating program funds toward certification and training of pesticide applicators. The National Association of State Departments, along with the Association of American Pesticide Control Officials and the American Association of Pesticide Safety Educators, have communicated to EPA the need to continue funding for pesticide safety training, materials development and activities for pesticide applicators. Funding for Extension pesticide applicator training programs have not increased since the 1970s when certification and training programs for pesticide applicators were started. Continued federal funding of these programs for fiscal year 2004 and beyond could also be in jeopardy. The ultimate impact will be on growers and industries who rely on pesticide applicator training to retain their required license. The loss of training programs will make it more difficult for them to meet their continuing education requirements. EPA Releases Guidance on Aquatic Applications Several recent court cases have caused confusion about aquatic applications of pesticides. Some of the court decisions have argued that a National Pollutant Discharge Elimination System (NPDES) permit is required for pesticide application according to the Clean Water Act (CWA) - even though the pesticide is labeled for aquatic application under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This has created confusion on whether the CWA supersedes FIFRA. EPA recently issued interim guidance on this issue with the agency's interpretation of the CWA and FIFRA. A NPDES permit will not be required if: "1. Application of the pesticides directly to waters of the United States in order to control pests (for example mosquito larvae or aquatic weeds that are present in the water) and 2. The application of pesticides to control pests that are present over waters of the United States that result in a portion of the pesticide being deposited to water bodies (for example when insecticides are aerially applied to a forest canopy where water may be present below the canopy or when insecticides are applied for control of adult mosquitoes.)" EPA is soliciting comments on this interim statement and guidance through the Federal Register before it becomes a final position of the agency. In the meantime, application of pesticides in accordance to their label will not require a NPDES permit. A copy of the interim statement is available (Source: EPA Pesticide Program Update, July 16, 2003) Ohio Community Bans Spraying for West Nile Virus The City of Lyndhurst, a suburb of Cleveland, passed an ordinance in early July to prohibit the spraying of adulticides to control adult mosquitoes. The city has decided to rely on larvaciding and public education of reducing exposure to mosquitoes and draining breeding sites to control the virus. The council was quoted as stating, "the risk/benefit analysis conducted by experts clearly indicates that the dangers of WNV are minimal and affect a very small segment of the population and that the long-term health and environmental risks of spraying with synthetic pesticides poses a much greater risk." However, this ordinance will likely be challenged. Ohio law has a state preemption rule that does not allow local regulation of pesticide activities to supersede state regulations. The Centers for Disease Control recently released a study in the "Morbidity and Mortality Weekly Report" that studied the acute insecticide-related illness associated with mosquito spraying in nine states from 1999 - 2002. The study found there weren't any serious acute health risks with mosquito spraying. Although the study only looked at acute effects rather than long-term effects, the report recommends that using adulticides when there is a threshold of elevated risk of human infection, or in areas where mosquito larvae are difficult to control. The report can be accessed. Currently, the West Nile Virus Workgroup has developed a plan entitled, "Combating West Nile Virus - the Plan for the State of Ohio" The plan encourages communities to adopt a larvaciding program and public education about reducing breeding sites and personal protection. The plan also outlines the thresholds for beginning an adulticiding program based on high positive identification of mosquito, bird, horse and human infection rates. Some Carbaryl Uses to be Cancelled Carbaryl, sold under the trade name Sevin, is one of the most widely used broad-spectrum insecticides in agriculture, professional turf management and ornamental production with uses in residential pet, lawn and garden markets. EPA recently released the Interim Reregistration Eligibility Decision (IRED) for carbaryl as part of the review of all carbamate pesticides. Carbaryl can cause cholinesterase inhibition in humans which means it can overstimulate the nervous system causing nausea, dizziness and confusion. Although classified as a likely human carcinogen, the non-cancer risks were the primary focus of the IRED. The risk mitigation measures for carbaryl include cancellation of use on wheat, pet use (except pet collars), broadcast applications using liquid formulations on residential lawns and turf and applications by hand, spoon and bellygrinder. The maximum application rate has been reduced for mosquito control. There will be additional personal protective equipment (PPE) and engineering controls on the label for ground airblast and aerial/chemigation applications and for use of granular and bait, liquid and wettable powder formulations. Current 12-hour restricted entry intervals (REI) will be extended for most crop uses. Home garden/ornamental dust products must be packaged in ready-to-use shaker can containers, with no more than 5 lbs. active ingredient per container. A fact sheet about the carbaryl IRED is available. EPA will provide a 60-day public comment period soon on the carbaryl IRED. Check out the carbaryl reregistration information for when the comment period will begin. Pesticide Development Costs Increasing The average cost of discovery, development and registration for bringing a crop protection product to market has increased to a level eight times higher than 20 years ago, according to a study by CropLife American and the European Crop Protection Association. In 1995, it only cost about $152 million to bring a product to market, compared with $184 million in 2000. The development period for a new product has increased from 8.3 years in 1995 to 9.1 years in 2000. (Source: The Label, University of Nebraska-Lincoln, Vol. 13, No. 7) Publication on Pesticide Sales and Use The EPA has a publication available on pesticide sales and use for 1998-99. The report is available. The website also has versions of the previous reports from 1996-97 and 1994-95. Ohio Makes Toxics Release Inventory List EPA released the 2001 Toxics Release Inventory which shows that overall releases of toxic chemicals dropped about 15 % from 2000 to 2001. The data is compiled from about 25,000 facilities nationwide about on- and off-site releases of 650 chemicals and chemical classes. The inventory does not involve companies with less than 10 employees, or those that use less than 10,000 pounds of chemicals that are included in the Toxics Release Inventory. Ohio ranked fourth in the states with chemical manufacturing discharge. A quarter of all chemical manufacturing industry releases occurred in Texas with Louisiana ranking second and New Jersey coming in third. (Source: Pesticide & Toxic Chemical News, Vol. 31, No. 37) EPA Issues Stop Sale Orders U.S.EPA issued a stop sale of unregistered "SARS" pesticide products. Two affiliated companies were marketing six unregistered pesticides that they claimed would protect the public from Severe Acute Respiratory Syndrome (SARS). The two companies were Phillips Technologies, LLC of Millersville, Md. and SARS Research Labs of Tampa, Fla. In Michigan, a man pled guilty to violating the Federal Insecticide, Fungicide and Rodenticide Act by selling a product called "Kritter Killer" as a rodenticide for prairie dogs. The product contained perchloroethylene which is a suspected carcinogen. (Source: EPA Pesticide Program Updates, 6/17/03 and 7/24/03) Pesticide Crop Watch Insecticides Baytex (fenthion) - Bayer has proposed to EPA to voluntarily cancel the use of this product by 6/30/04 with usage until 11/30/04 Diazinon - EPA has received requests from some manufacturers to cancel non agriculture registrations of diazinon. Drexel Chemical Co. and Makhteshim Chemical Works, Ltd. have requested to voluntarily cancel their outdoor non-agricultural diazinon technical product registrations. Walla Walla Environmental, Inc. has requested to voluntarily cancel its residential end-use product containing diazinon. Distance (pyriproxyfen) - Valent has added to their label the control of euonymous scale, fungus gnats, shore flies and the suppression of mealy bugs. Poncho (clothianidin) - Bayer has received EPA registration for use as a seed treatment on corn to control cutworms and rootworms. Herbicides Discover (clodinafop) - Syngenta has added to their label the control of green and yellow foxtail at lower rates. Distinct (diflufenzopyr/dicamba) - BASF has added to their label the use on popcorn and the control of volunteer potatoes. Fungicides GB34 (Gacillus pumilus GB34) - EPA has approved an application by Gustafson to register this new active ingredient for use as a soybean seed treatment to suppress root disease caused by rhizoctonia and fusarium Green Releaf (Bacillus licheniformis and indole acetic acid) - Treatment of ornamental turf, lawns, golf courses, ornamental plants, conifers and tree seedlings in outdoor, greenhouse and nursery sites. (Sources for Pesticide Crop Watch: Agricultural Chemical News, Vol. 286; Chemically Speaking, University of Florida Extension, June 2003; EPA Pesticide Program Updates, 7/17/03) Upcoming Events Wood-Destroying Insect Inspection Training October 2, 2003, 9:00 a.m. - 4:00 p.m. Ohio Department of Agriculture, Reynoldsburg PAT Agent Inservice January 7 & 8, 2004 Agriculture Administration Building Auditorium Ohio State University Campus, Columbus General Commercial Pesticide Applicator Recertification Conferences (turf, ornamental, pest control, industrial vegetation) November 25, 2003 - Cleveland/Independence Holiday Inn December 17, 2003 - Dayton Convention Center January 14, 2004 - Perrysburg Holiday Inn, French Quarters February 17, 2004 - Columbus Convention Center Field Crops Commercial Pesticide Applicator Recertification Conferences January 28, 2004 - Lima Holiday Inn February 4, 2004 - Fawcett Center, Ohio State University, Columbus ------------------------------------------------------------------------ All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status. Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture, Keith L. Smith, Director, Ohio State University Extension. Top of Page Return to Home