North Dakota State University
NDSU Extension Service
Volume 21, No. 2, April 2003
New Genetically Modified Corn Trait Approved
Reciprocal Pesticide Certification
North Dakota Bulk Pesticide Regulations
Right of Way Recertification Available for Participation in the North Dakota Weed Control Association Spring Sprayer Schools
Pesticide Spills: What to do and Who to Notify
West Nile Virus and Public Health Training
Phosphine Fumigant Monitoring Update
Another training season is drawing to a close and an application season is now under way. It was another big training year. At the time of this writing, about 1,100 commercial and 7,000 private applicators have completed their certifications. In order to accomplish this, about 130 trainings were held at the state and county extension level. The training season is not quite over, but by the end of May, it will be. Our attention will then turn to planning for the 2004 season. For all those who organized and participated in the trainings, we, in the state office, want to extend our thanks.
This past 2002 application season saw huge problems in the enforcement arena and we highlighted those problems at our trainings. It is our hope that all applicators and dealers will take a second look at how they and their neighbors conduct business in 2003 so we can demonstrate to consumers that we are indeed professionals. Below is a list of unlawful acts of which all should be mindful as the North Dakota Department of Agriculture will be particularly aggressive in prosecuting this season:
- Reclaim and Transline use on canola and sugarbeets
- Assure II use on sunflowers and flax
- Glyphosate as a harvest aid on mustard and dry beans
- Authority on sunflowers
- Various insecticide cocktails in beehives
Take these issues to heart in 2003 and let's police ourselves so regulators and legislators will not have to enact draconian new laws and regulations in the future.
Best regards,
Andrew A. Thostenson
Pesticide Program Specialist
After an intensive, multi-year scientific analysis, the Environmental Protection Agency (EPA) has approved the use of a new plant-incorporated protectant designed to control corn rootworm, a widespread and destructive insect in the United States. This new product will provide corn growers with a safe, non-chemical pest control alternative that can reduce reliance on traditional insecticides. The reduced pesticide use will benefit the environment directly and can mean less exposure to people who apply chemical pesticides to corn.
"EPA has put this new product through a rigorous, science-based review process, including extensive public comment and independent scientific peer review, to ensure that it is safe for human health and the environment," commented Stephen L. Johnson, EPA's assistant administrator for prevention, pesticides, and toxic substances. "This new variety of corn pest control holds great promise for reducing reliance on conventional insecticides now used on millions of acres of corn in the U.S.".
The new corn pest control, referred to as "MON 863" and developed by Monsanto, produces its own insecticide within the plant derived from Bacillus thuringiensis (Bt), a naturally occurring soil bacterium. The Bt protein, called Cry3Bb1, controls corn rootworm, a highly destructive pest responsible for the single largest use of conventional insecticides in the United States. At roughly 80 million planted acres, corn is the largest crop grown in the United States. Use of the new pest-control tool is expected to result in major reductions in the use of numerous conventional insecticides. Many of the older alternative insecticides belong to the organophosphate and carbamate chemical classes which have been the subject of increased EPA analysis and regulatory restrictions since passage of the Food Quality Protection Act of 1996.
To reduce the possibility of corn rootworm developing resistance to Bt, EPA is requiring Monsanto to ensure that 20 percent of the planted acreage of this product be set aside where non-Bt corn will be grown to serve as a "refuge." These refuge areas will support populations of corn rootworm not exposed to the Bt bacterium. The insect populations in the refuges will help prevent resistance development when they cross-breed with insects in the Bt fields. This resistance management strategy was developed as a condition of the registration, and EPA will require routine monitoring and documentation that these measures are followed. EPA is also requiring Monsanto to conduct additional research on corn rootworm to ensure that optimal long-term resistance management practices are maintained.
Today's action is based on a thorough and comprehensive scientific and regulatory evaluation by EPA. It also builds upon a multi-year reassessment performed by the EPA on all currently available Bt plant-incorporated protectant regulated by EPA which was completed in October 2001. As with all similar products, EPA has approved MON 863 for time-limited use which will be subject to reevaluation in several years.
For more information on EPA's regulation of these products, see: www.epa.gov/pesticides/biopesticides/ . Or contact: David Deegan at (202) 564-7839.
Each spring and early summer, our office processes hundreds of requests for reciprocity. (This is the means by which certificate holders from other states are granted North Dakota certifications.) To date, we have issued 106 certifications. Before the season is out, about 200 applicators and dealers will have been issued certifications based on credentials from other states. Often these requests can be processed in a matter of a few days, but it is not unusual for applications to be denied or placed on hold because applicants do not submit the appropriate documents.
What follows is the reciprocal pesticide certification policy that the NDSU Pesticide Training and Certification Program uses for applicators and dealers from other states:
If North Dakota law requires you to have a pesticide certification, you must hold a North Dakota certificate. A valid certification in another state may help you obtain a North Dakota certificate but it does not substitute for one.
North Dakota may issue a certification on a reciprocal basis without examination, to nonresidents who are certified to use restricted use pesticides under an EPA-approved program. Whether reciprocity exists or not depends on the other state's regulations and how similar they are to North Dakota. Eligibility for an individual requesting reciprocal certification is determined on a case-by-case basis.
Nonresident applicators, dealers and consultants must meet the following requirements to obtain reciprocity:
Application forms for reciprocity can be faxed or mailed upon request or they can be downloaded from the pesticide program's Web page at: http://ndsupesticide.org .
Editor's note: At the request of the North Dakota Department of Agriculture, we are publishing the latest regulations on bulk pesticides. The regulations listed below were adopted in the first half of 2002. The department reports that the trend toward bulk pesticide sales in the state is accelerating and both dealers and applicators need to know what is expected of them.
The NDWCA has fixed the dates and agenda for its annual spring sprayer schools. Throughout the years, this program has built a reputation as an excellent prespray season brushup course for new and existing weed control personnel. This will also be a recertification training opportunity for commercial applicators in the right of way category.
The dates locations and agenda are as follows:
May 20, Watford City —
Weed Control Building, west of Watford City on Highway 85,
(green building, chain link fence, south side of road, edge of city limits).
May 22, Valley City —
Valley City Eagles Club, 345 12th Ave. N.E.
Agenda
| 8:30 a.m. | Registration | |
| 9:00 a.m. | Andrew Thostenson -- ROW Recertification | |
| 10:10 a.m. | Break | |
| 10:15 a.m. | NDSU Noxious Weed Program -- Weeds and Herbicides | |
| 11:15 a.m. | NDDA Pesticide Inspector -- Field Records | |
| 11:45 a.m. | Dave Nelson, N.D. State Entomologist -- Grasshoppers | |
| 12:15 p.m. | Lunch | |
| 1:15 p.m. | Bill Walker, UAP Rep -- Application Equipment and Calibration | |
| 3:45 p.m. | Adjourn |
Each training season, applicators often ask educators and regulators what to do if a pesticide spill occurs. Obviously, controlling the spill, containing its spread and cleaning up the mess come to mind. But when the crisis has passed, people also ask, "Do I have to notify anybody about the spill?" The answer is, "It depends," and yes, often you do have to report the spill.
What follows is the law which governs pesticide spills which contaminate groundwater. It is found in the North Dakota Century Code:
23-33-07. Notification requirement. Any person with verifiable information on the presence of contamination of ground water within the state shall notify the department (Department of Health) regarding such contamination.
What follows is the regulation which governs any pesticide accident (spill). It can be found in the North Dakota Administrative Code:
60-03-01-09. Reports of pesticide accidents. Any person who is involved in or causes a pesticide accident that results in adverse effects on animals or the environment shall file a report to the commissioner (North Dakota Commissioner of Agriculture).
When you look at these two passages, it is clear that whenever groundwater becomes contaminated, the Department of Health and the Department of Agriculture need to be notified. On the other hand, if groundwater is not contaminated, the applicator must make a judgment call. Is the accident (spill) bad enough that it will, "result in adverse effects on animals or the environment?" If the answer is yes, then notification need only be made to the Department of Agriculture. How do you know how bad is bad enough to require notification? You don't. In this case, if there is any doubt in the mind of the applicator, the spill should be reported and then the regulators need to sort through the details.
What follows is the 2001 step-by-step fact sheet developed by the Department of Health and the Department of Agriculture on spills:
The North Dakota Department of Health recognizes the health and safety hazards associated with agricultural chemicals and pesticides. In conjunction with the Department of Agriculture, the Division of Waste Management has developed this management outline to ensure proper notification and management of spill residues. Should a spill of an agricultural chemical or pesticide occur, the owner of the product is responsible for an immediate and appropriate course of action to reduce the effect of the spill and for any remediation as a result of the spill.
- Substance spilled, including both trade name and chemical name whenever possible and any information readily available as to toxicity.
- Quantity of substance spilled, including types and size of containers and vehicles involved.
- Date and time of spill occurrence or discovery.
- Exact location of the spill.
- Thorough description of the area, including the local terrain and drainage, soil types, existing surface water, ponded water, groundwater table, nearby residences or population centers.
- Responsible party, including name, address and telephone number where the individual can be readily reached.
- Weather conditions, including wind direction and velocity, temperature and precipitation.
- Cause of the spill.
The required cleanup is determined on a case-by-case basis depending on the type of chemical spilled, quantity of chemical spilled, location of the spill, geology/hydrology of the area and any other factors such as climatic conditions. This could be as simple as removing a few shovels of soil and spreading it thinly, to hiring an emergency response contractor for an extensive cleanup. The department should be contacted for guidance on appropriate remediation which address the protection of public health and the environment and compliance with state laws and rules.
This training is designed to provide information to people who may be interested in developing city or townwide mosquito control programs. The morning session is basic laws and safety. The afternoon session focuses specifically on mosquito control and West Nile virus.
The entire training will be useful to prospective applicators. The afternoon program would be useful for decision-makers. Space should not be limiting at these trainings, so preregistration is not required. People who wish to attend for education/information purposes only, need not pay any certification fees.
The agenda and locations are as follows:
Interactive Video Network -- Fargo Origination Site
NDSU Campus -- E Morrow Lebedeff Hall, Room 183
* Remote Locations: Bismarck, Bottineau, Dickinson, Grand Forks, and Jamestown
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Time - CST Time - MDT Topic Speaker
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8:30 - 9:00 a.m. 7:30 - 8:00 a.m. Registration
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9:00 - 9:15 8:00 - 8:15 Welcome and Establish Andrew Thostenson,
Connections Pesticide Program
Specialist, NDSU
Extension Service
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9:15 - 9:50 8:15 - 8:50 National and State Thostenson
Pesticide Issues
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9:50 - 10:25 8:50 - 9:25 Basic State Gerry Thompson,
Pesticide Laws N.D. Dept of
Agriculture
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10:25 - 10:40 9:25 - 9:40 Break
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10:40 - 11:10 9:40 - 10:10 Protecting Yourself Thostenson
From Pesticides Washington St.
Univ. Video
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11:10 - 11:35 10:10 - 10:35 Pesticide Label Thostenson
Exercise
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11:35 - 12 p.m. 10:35 - 11:00 Rules for Citywide Thostenson
Mosquito Control
Programs
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12:00 - 1:00 11:00 - 12:00 pm Lunch
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1:00 - 1:40 12:00 - 12:45 Mosquito Biology Phil Glogoza,
and Control Entomologist,
NDSU Extension
Service
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1:40 - 2:15 12:45 - 1:15 Setting up a Mosquito Grand Forks
Control Board County Mosquito
Control Board
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2:15 - 2:30 1:15 - 1:30 Break
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2:30 - 3:30 1:30 - 2:30 West Nile Roger Naci,
Virus Update Centers For
Disease Control
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3:30 - 3:50 2:30 - 2:50 Questions and Answers
and Wrapup
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3:50 2:50 Adjourn
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Bismarck -- BSC Campus VoTech Center, Room 228 Bottineau -- Minot St. University Union Building #1 Dickinson -- DSU North Campus, Room 104_Note 7:30 am MDT Start Time Grand Forks -- UND Gamble Hall #120 Jamestown -- State Hospital Education Building 12 W, #320
Phosphine manufacturers have submitted monitoring data to the U.S. Environmental Protection Agency (EPA). The submission, entitled "Phosphine Monitoring Data Collected from Various Types of Fumigation Sites," was made Jan. 9, 2003, and is presently awaiting formal acceptance by the EPA. Once the EPA approves the submitted format, it will assign a MRID number and place the complete study in the public docket so it may be accessed by any interested entity.
The following are the conclusions and recommendations pages from the 160-page study:
This data collection and document assembly was a major undertaking that would not have been possible without the help of quite a few individuals and firms. The following, in no particular order, collected the data that was used to prepare the report.
The Registrants would like to thank Dr. Joel Seckar and Dr. Paul Harp, R J Reynolds Tobacco Co., for their expertise and help in putting together the report. Their efforts in converting the raw data to a usable and readable report cannot go unrecognized.
Need help with pesticide certification or general pesticide use issues?
Contact :
NDSU Pesticide Training and Certification Program
Box 5051, Fargo, ND 58105-5051
Tel: 701-231-7180 Fax: 701-231-8474
E-mail: pesticid@ndsuext.nodak.edu
Internet: www.ndsupesticide.org
Pesticide Quarterly, Volume 21, No. 2, April 2003
NDSU Extension Service, North Dakota State University of
Agriculture and Applied Science, and U.S. Department of Agriculture cooperating.
Sharon D. Anderson, Director, Fargo, North Dakota. Distributed in furtherance of
the Acts of Congress of May 8 and June 30, 1914. We offer our programs and
facilities to all persons regardless of race, color, national origin, religion,
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are an equal opportunity employer.
This publication will be made available in alternative format for persons with
disabilities upon request 701/231-7881.