Restricted Materials Permitting

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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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Hazards

2020

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What Happened?

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440 ounces of pesticide went440 ounces of pesticide wentinto this drainage ditch…into this drainage ditch…

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Environmental Effects

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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)?

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Questions?Questions?