1,3-Dichloropropene use in the township around Rio Mesa High School Henry S. Gonzales Ventura County Agricultural Commissioner March 24, 2014 Slide # 1 Outline  Introduction and Background  1,3-D uses  Toxicity and precautions  70-Year Lifetime Exposure Limit  Product labeling  Restricted Material Permitting  Inspections & Investigations  Further Use Limitations  Recap –  Questions Slide # 2 Uses of 1,3-D Has been used since 1954 in US, 1970 in CA  Used to grow food like  Strawberries  Raspberries  Peppers  Tomatoes  Soil fungi, nematodes, centipedes, wireworms  Pre-plant liquid soil fumigant  Slide # 3 Ventura County 2013 Ten Crops  1 st  2  Strawberries $608,765,000 nd Avocados $209,723,000 3 rd Raspberries $196,370,000  4 th Nursery Stock $190,889,000  5 th Lemons $188,926,000  6 th Celery $180,864,000  7 th Tomatoes $72,512,000  8 th Peppers $52,370,000  9 th Cut Flowers $43,079,000  10 Cilantro $29,096,000 th  $930,370,000 of Slide # $2,094,915,000 4 Farming and jobs are going HEKIED Berry. farms thrive there i Calif?rnia; {3111113. were facing problems By TIM Johns-an MnE?iaxI-Is Foreign Staff (THE: EIUHAD GUEHAH. Memo Mexico. already the world's third-largest cu:- pm?ter of blueberries. raspberries, and strawberries. is look.? ing for ways to get U3. consumers tn throw man frcaih bluebe?ic's into the pancake batter Hind-heap more raspberries ontn their fru salads. I As lung as and I consumers wolf dawn erries. Mexi? can proponents ohm: i114 :iustn.P say, tlm'surge will continua. 'i?hat's more than just an agricultural 3' ?ddit'?" 1:1 El land Incite-r? . known for ?elds of blue? 3:33.11 aga?: and patches mail-I Slide Pesticide Regulatory Framework i.e. what protections are in place  U.S EPA  CalEPA/Dept. of Pesticide Regulation (DPR)   Register pesticides  Create regulations County Ag Commissioner (CAC)  Enforce regulations Slide # 6 Going forward: New limits for 1,3-D  2014 DPR reduced amount that can be used in future  Amount restricted to 90,250 pounds  This is significantly less than growers have used previously  These are among the most restrictive ( protective measures) in the country.  USEPA allows other states allowed to use more Telone Slide # 7  Question How did this happen? Schools next to farm fields? How do we deal with it? since farms use chemicals Slide # 8 A closer look at 1,3-D used near schools  Carcinogenic to humans and animals under certain conditions, therefore must be used with appropriate protections  Only trained licensed personnel can use this chemical  Must be used according to the label, USEPA, DPR and county restrictions Slide # 9 7.. In a a Pounds used in townships closest to Rio Mesa HS Since 2014 these townships can use more than 90,250 pounds. 2014 figures are preliminary All figures are adjusted total pounds  Townships  Avg02N-21W Air Conc + (ppb) 02N-22W 02N-21W + 02N-22W 02N-21W + 02N-22W 02N-21W + 02N-22W Year County 2011 Ventura 2012 Ventura 2013 Ventura 2014 Ventura Pounds 119,387 + 53,054 = 172,441 198,072 + 133,421 = 331,504 116,381 + 141,023 = 257,404 84,031 + 59,977 = 144,009 Air monitoring results 0.172 ppb 0.191ppb 0.167ppb Not available yet Slide # 11 1,3-D 70 Year Lifetime Exposure Limit  DPR scientists allow the chemical to be used, but does not want to see high concentrations repeatedly over a 70 year period.  Air monitoring target level = 0.14 ppb  2014 air monitoring data is expected to be below this limit Slide # 12 Some California Studies and action re 1,3-D  2009 Comprehensive Risk Assessment started  2010 Merced study of 1,3D begins  2011 Salinas, Ripon, & Shafter air monitoring  2012 Rio Mesa High School air monitoring  2013 DPR receives Merced monitoring data  2014 DPR reduces amount that can be used in future Slide # 13 U.S EPA Fumigant Review  2005 – Draft Risk Assessment, nationwide meetings  2006 – Public comments on risk assessments  2007 – Public comments on mitigations  2010/12 – New restrictions announced by USEPA and DPR Slide # 14 Restrictions include  Restricted Material  Notification to neighbors or monitoring  Written agreement with Ag neighbors  Emergency preparedness & response measures  Difficult to Evacuate sites  Additional Fumigation Mgmt. Plan items  Registrant-based outreach Slide # 15 DPR Restrictions include  Buffer Zones  Calculations  Distances  Duration  Overlapping  Credits  Transit Slide # 16 Restricted Materials Permits  Who, what, where, when, how, & why  Certified Applicator (state exam)  Eye to eye  All contact information  Maps  2-step process  Notice of intent (NOI) 24 hrs. in advance  State licensed pest control adviser  State licensed pest control business Slide # 17 Ag Commissioner Restrictions ( Conditions)  NOI 72 hrs.  Written approval  New NOI if not started w/in 12 hrs. & new approval  Fumigant Mgmt. Plan  Emergency Preparedness & Response Measures, option  Emergency Response Plan Slide # 18 Ag Commissioner Conditions  Signed permission from neighbors w/in buffer  Signed vacating agreements if structure w/in buffer  Tarp used, make, model, & thickness  If more 2 days or more, need schedule  If schedule cannot be met, new NOI & approval  Re-submitted NOI must say “Re-submittal” Slide # 19 Ag Commissioner Conditions  No fumes 1/4 mile of Difficult to Evacuate sites when buffer >300 ft.  No fumes 1/8 mile of Difficult to Evacuate sites when buffer <300 ft. Slide # 20 Ag Commissioner Conditions  Emergency Preparedness & Response Measures  If Fumigant Site Monitoring selected:   1 hr. before sunset to sunset  Sunrise to 1 hr. after sunrise Record on our form Slide # 21 Ag Commissioner Conditions  Emergency Preparedness & Response Measures  If Response Information for Neighbors selected:   U.S. Postal Service  Hand deliver  Door hangers  Vacant homes too Record on our form Slide # 22 Ag Commissioner Conditions  Sprinklers in place for drip application only  (No micro-sprinklers)  Fumigant Mgmt. Plan on approved form only  40 acre limit  Buffer zone credit for TIF tarps & water seal Slide # 23 Ag Commissioner Conditions  Minimum buffer zones distances  TIF tarp = 25 ft.  Non-TIF tarp & 6 acres of less = 60 ft.  Non-TIF tarp 6 – 40 acres = 100 ft. Slide # 24 Ag Commissioner Conditions  Overlapping buffer zones:  If both TIF tarps, then, 60 acres max.  If 1 or both tarps not TIF, then, 40 acres max.  And, combine acreage for buffer zone Slide # 25 Ag Commissioner Conditions  TIF tarp perforation after 9 days  1 additional day before removal  Non-TIF tarp & untarped fumes:  Start  End to sooner than 1 hr. after sunrise no later than 3 hrs. before sunset Slide # 26 Ag Commissioner Conditions  No applications within ¼ mile of schools when school in session  Must check with school if children present other times  Chloropyrifos use within 300 Ft of schools requires RM Permit Slide # 27 Ag Commissioner Practices  Focus on fumigations especially around schools  Personally meet w/school officials & growers Slide # 28 Inspections & Investigations  Pre-application  Fumigation monitoring  Records audit  Illness & complaint investigations  Compliance and enforcement actions  Warning  Administrative penalty  Revoke permit Slide # 29 Future Developments  Pending DPR recommended permit conditions  Developing school notification requirement  Public meetings planned  DPR long term Risk Assessment Slide # 30 Recap     DPR has reduced the amount of 1,3-D that can be used No scientific evidence to determine that public health is at risk Future planning of where a community allows a school to be built is critical DPR will host workshops on the issue of schools and pesticides and enhanced protections. Date to be announced Slide # 31 More Background  California Environmental Protection Agency:  http://www.calepa.ca.gov/  California Department of Pesticide Regulation:  http://www.cdpr.ca.gov/ Slide # 32 Vhenry.gonzales?ventura.org >(805) 388-4343 ext. 2