1 restricted materials permitting pest management workshop catheys valley march 2, 2011
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TRANSCRIPT
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Restricted Materials Restricted Materials PermittingPermitting
Pest Management WorkshopPest Management Workshop
Catheys ValleyCatheys ValleyMarch 2, 2011March 2, 2011
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Restricted Materials PermittingRestricted Materials Permitting
Summary ofSummary of HistoryHistory
– Restricted Materials PermitRestricted Materials Permit– CEQACEQA
Process – Process – Restricted Materials PermitRestricted Materials Permit
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Restricted Materials PermittingRestricted Materials Permitting
Why does one need to apply for a Why does one need to apply for a Restricted Material Permit (RMP)?Restricted Material Permit (RMP)?
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HistoryHistory
1938 Imperial 1938 Imperial County restricted County restricted some pesticidessome pesticides
1946 Injurious 1946 Injurious Herbicides and Herbicides and Injurious MaterialsInjurious Materials
By the state as a By the state as a result of 1,4-D drift result of 1,4-D drift on to grapes and on to grapes and cotton in the cotton in the Central ValleyCentral Valley
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CEQACEQACalifornia Environmental Quality ActCalifornia Environmental Quality Act
Does not cover private projectsDoes not cover private projects CEQA covers;CEQA covers;
– Government projectsGovernment projects– Government financed projectsGovernment financed projects– Government approved projectsGovernment approved projects
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History and background History and background to the RMP programto the RMP program
1970 CEQA (California Environmental 1970 CEQA (California Environmental Quality Act)Quality Act)
1977 Attorney General Decision: 1977 Attorney General Decision: County RMP program falls under CEQACounty RMP program falls under CEQA
1979 Functional Equivalency to a EIR 1979 Functional Equivalency to a EIR (Environmental Impact Report) (Environmental Impact Report)
2001 Challenged2001 Challenged 2005 Resolved2005 Resolved
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HistoryHistoryEvents leading to AB 3765Events leading to AB 3765 National Environmental Protection ActNational Environmental Protection Act (NEPA)(NEPA) California Environmental Quality Act (CEQA)California Environmental Quality Act (CEQA) 1976 Attorney General’s Opinion 1976 Attorney General’s Opinion
– Restricted Material require an EIR (In many Restricted Material require an EIR (In many Instances)Instances)
1977 Environment Assessment Team (EAT) 1977 Environment Assessment Team (EAT) formedformed
December 1977, EAT failedDecember 1977, EAT failed 1978 CEQA amended by AB 3765 allows for 1978 CEQA amended by AB 3765 allows for
“Functional Equivalent” of an EIR“Functional Equivalent” of an EIR
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HistoryHistory
AB 3765 RequirementsAB 3765 Requirements Plan addressesPlan addresses
– Registration, evaluation, classification of Registration, evaluation, classification of pesticidespesticides
– Licensing and registration of dealers, Licensing and registration of dealers, PCB’s, and PCA’sPCB’s, and PCA’s
– Monitoring of pesticide use, human Monitoring of pesticide use, human health and the environment health and the environment
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HistoryHistory
AB 3765 RequirementsAB 3765 Requirements– EIR or negative declaration not requiredEIR or negative declaration not required– Documentation of environmental Documentation of environmental
impacts requiredimpacts required– Mitigation measures requiredMitigation measures required– Alternative materials requiredAlternative materials required– July 1980, implementedJuly 1980, implemented– 1983 Toxic Air Contaminants Act1983 Toxic Air Contaminants Act– 1985 Groundwater Protection Act1985 Groundwater Protection Act
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Functional EquivalencyFunctional Equivalency
Part of CEQAPart of CEQA AB 3765AB 3765 3 key points of the program3 key points of the program
– Document local environmental impactsDocument local environmental impacts– Consider mitigation or alternativesConsider mitigation or alternatives– Consult with local agencies Consult with local agencies
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Restricted MaterialsRestricted Materials
And And
Notice of IntentNotice of Intent
ProcessProcess
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RUP and RMRUP and RM
RUP – Restricted RUP – Restricted Use Pesticide Use Pesticide – FederalFederal– Certified ApplicatorCertified Applicator
Potential to cause Potential to cause unreasonable unreasonable adverse effects on adverse effects on human health of human health of the environment the environment
RM – restricted RM – restricted MaterialsMaterials– CaliforniaCalifornia
Can impair human Can impair human health or pose health or pose hazards to the hazards to the environmentenvironment
IncludesIncludes– RUP, Dust (>25 lbs), RUP, Dust (>25 lbs),
RM, sec 18’s, RM, sec 18’s, Ground Water Ground Water ProtectionProtection
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RUP’s and Non-Restricted RUP’s and Non-Restricted PesticidesPesticides
CAC has authority to require a permit CAC has authority to require a permit for a RUP or non-restricted pesticidefor a RUP or non-restricted pesticide
Must determine that a pesticide Must determine that a pesticide cannot be used under local cannot be used under local conditions without presenting an conditions without presenting an undue hazardundue hazard
Is permanent until cancelled, unless Is permanent until cancelled, unless there is a sunset clause there is a sunset clause
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Permit Consideration Process Permit Consideration Process Under Functional EquivalencyUnder Functional Equivalency
Hazard IdentificationHazard Identification Sensitive Site IdentificationSensitive Site Identification Likelihood of adverse ImpactLikelihood of adverse Impact Existing MitigationExisting Mitigation Additional MitigationAdditional Mitigation AlternativesAlternatives Benefit Analysis Benefit Analysis
– benefit gained greater than the risk to the public or the environmentbenefit gained greater than the risk to the public or the environment
Permit EvaluationPermit Evaluation– NOI (Notice of Intent) review and acceptance or denial NOI (Notice of Intent) review and acceptance or denial
Reviewing and Evaluating the NOIReviewing and Evaluating the NOI
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Reviewing and Evaluating the NOIReviewing and Evaluating the NOI
The NOI provides The NOI provides specific information specific information not available when not available when the permit was the permit was issuedissued
The property The property operator is operator is responsible for responsible for assuring the NOI is assuring the NOI is submittedsubmitted
The NOI is part of The NOI is part of the permitthe permit
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Reviewing and Evaluating the NOIReviewing and Evaluating the NOI
CAC will review the CAC will review the NOI to make sureNOI to make sure– Location match those on Location match those on
the permitthe permit– Permit requirements are Permit requirements are
met (3CCR 6428 g –I)met (3CCR 6428 g –I)– Environmental Environmental
Conditions have not Conditions have not changedchanged
– Compare the NOI against Compare the NOI against the permitthe permit
– Review maps for Review maps for accuracyaccuracy
– Review proposed Review proposed applicationapplication
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440 ounces of pesticide went440 ounces of pesticide wentinto this drainage ditch…into this drainage ditch…
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Why does one need to apply for a Why does one need to apply for a Restricted Material Permit (RMP)?Restricted Material Permit (RMP)?