Pesticides
Introduction
Environmental regulations can be complicated and overlapping, often proving difficult to identify all requirements that apply to an operation. In each Related Program Index (RPI) this task is simplified by identifying implications one program applicably often has on others. This RPI uses the J.J. Keller & Associations, Inc. broad regulatory knowledge to recommend regulations and compliance programs that may also apply when pesticide regulations (40 CFR Parts 150–189) cover an operation.
If pesticide regulations apply, you should also consider ...
Water programs/permitting
Certain pesticides are identified by the EPA as organic toxic pollutants and are included on the agency’s Priority Pollutant List. Pesticides are also included as an industry category that requires a National Pollutant Discharge Elimination System (NPDES) General Permit under the Clean Water Act (CWA). General permits are written to cover one or more categories (or subcategories) of discharges, disposal practices, or types of facilities in a geographic area, and they include effluent limitations and a compliance schedule.
Pesticides are also considered a contaminant that may pose a threat to drinking water. While pesticides as a group are not specifically regulated in drinking water, eight pesticides and one pesticide manufacturing byproduct are covered by the Unregulated Contaminant Monitoring Rule (UCMR), which requires public water systems to collect occurrence data for contaminants that may be present in drinking water but are not yet subject to EPA’s drinking water standards set under the Safe Drinking Water Act (SDWA).
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Universal waste
EPA has created regulations that streamline the management of certain types of hazardous waste that are commonly generated by a wide variety of businesses — these are known as “universal wastes.” Pesticides are one of the five federally recognized universal wastes, but only certain pesticides are eligible. Pesticides eligible for the universal waste program are:
- Recalled pesticides that are suspended or canceled and part of a voluntary or mandatory recall under FIFRA; or
- Unused pesticide products that are collected and managed as part of a waste pesticide collection program.
These pesticides must be managed in a way that prevents any releases into the environment and must be shipped to another universal waste generator or permitted disposal facility within one year.
It’s very important to note that not all states recognize pesticides as universal waste and instead have more stringent requirements for handling them as hazardous waste. The National Pesticide Information Center (NPIC) provides a list of local contacts for pesticide information across U.S. states and territories on its website — consult this resource as well as state and local environmental regulations to verify whether your pesticides can be managed as universal waste.
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Endangered Species Act
The Endangered Species Act (ESA) intends to protect species that are under threat of extinction and promote their recovery. The ESA requires that all federal agencies ensure that any actions that are authorized, funded, or carried out in their purview will not further endanger any listed species or their critical habitats. This extends to the EPA and its registration and regulation of pesticides.
To meet its obligations under the ESA, EPA established the Endangered Species Protection Program (ESPP) in 1988. Some of the ways that EPA pesticide regulation and the ESA intersect include:
- Assessments of pesticide registration applications under FIFRA. EPA’s review process includes an Ecological Risk Assessment, which specifically includes evaluation of the risk of a pesticide to listed species and designated critical habitats.
- Endangered Species Protection Bulletins. These bulletins, a part of ESPP, set specific use limitations for pesticides to protect species and habitats. Users are directed to EPA’s Bulletins Live! Two application by pesticide labeling.
- Consultation with the U.S. Fish and Wildlife and National Marine Fisheries Services. These Services administer the ESA and consult both formally and informally with EPA on matters of endangered species, including pesticide risk assessments.
- Public information efforts to reduce pesticide impacts. EPA maintains websites for business and household pesticide users that contain education and tips for reducing pesticide impacts on wildlife, including additional information specific to threatened and endangered species.
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Hazard communication
The Occupational Safety and Health Administration’s (OSHA) hazard communication, or HazCom, standard (HCS) covers ‘‘any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.”
Pesticides are chemicals that present a potential workplace hazard to human health and the environment. These hazards must be communicated via information made available to employees and presented in a central area, and these requirements as they relate to pesticides are covered under the Worker Protection Standard (WPS).
While OSHA does not require HazCom-specific labeling for any pesticide labeled under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), there is a great deal of overlap in terminology and process between HCS and WPS.
For example:
- Labeling. Chemical hazards must be appropriately identified, classified, and labeled in the workplace.
- Safety Data Sheets (SDSs). SDSs are crucial for communicating chemical hazards and factor heavily into both HCS and WPS.
- Formal training. Educating employees is crucial to ensuring that communication of hazards is understood and processes are in place for preventing incidents.
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CERCLA and EPCRA
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is intended to establish a mechanism of response for the immediate cleanup of hazardous waste from accidental spills or from chronic environmental damage. The Emergency Planning and Community Right-to-Know Act (EPCRA) was first written to reduce the likelihood of chemical related disasters in the U.S. and increase public access to information about chemicals in their community.
Section 103(e) of CERCLA provides an exemption from release reporting for the application of pesticide products registered under FIFRA, including the handling and storage of a pesticide product by an agricultural producer. Under EPCRA (specifically, per 40 CFR 355.31), it is optional to provide emergency release notification for any release of a pesticide product that falls under this exemption.
Do note, however, that EPA does not consider the spill of a pesticide to be either an “application” of the pesticide or in accordance with the pesticide’s purpose. Consequently, such spills must be reported if all additional criteria for reporting are met.
Regulatory citation(s):
- CERCLA 103(e)
- CERCLA 107(i)
- 40 CFR 302
- 40 CFR 355.31
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