North Dakota State
University
NDSU Extension Service
Volume 22, No. 3, JULY 2004
2004 Project Safe Send Sites and Dates Announced
A New Pocket Weed Guide Available
Pesticide Container Recycling in August and September
Court Ordered Buffers Around Pacific Salmon-Supporting Waters Quick Resources
In the last issue of the Pesticide Quarterly I reported on the extraordinary federal court ruling in Washington State with regards to special endangered species protections pesticide applicators must follow. To get an appreciation of what those protections are, I have reproduced elements of EPA's instructions to applicators. More details are available at: www.epa.gov/oppfead1/endanger/wtc
While this federal ruling does not apply to us, it could very well sometime in the future. This issue needs to be followed, so you will likely see and hear more about this through this program.
Federal support for pesticide safety education programs to be reduced
For the second year in a row, the NDSU Pesticide Program will likely face a federal funding shortfall. Traditionally the program receives about $34,600 annually from EPA to support pesticide safety education programming. This next certification season (2005), the allocation is again being reduced to $22,100. At his point, it appears that no fee increases for pesticide certification will be forthcoming because we have been preparing and we have adjusted our budgets accordingly. However, EPA has made it clear that they will likely not be able to support pesticide safety education programming at all in future years. If this happens, we may need to take action for the 2006 certification season.
Streaming video presentations available
Without fanfare, we started streaming pesticide video presentations across the Web this past fall. While we have not made a big deal out of this, it has made a very real impact on our ability to contain our costs. For example, this technology allowed us to streamline our in-serve training for our county extension agents. It saved us travel dollars and saved them precious time.
We have slowly expanded this effort and today we have most
of our presentations from our agricultural, ornamental,
and fumigation trainings posted.
We also have resources for noxious weed control and
safety information for
complying with the Worker Protection Standard. If you
are preparing to take exams, need to hear the latest on
pest control and pesticides,
or need resources for training your employees to the
Worker Protection Standard, check
these presentations out.
Go to our home page at:
http://ndsupesticide.org
and look under "What's Hot."
Heads Up on the 2005 Training Season
To conserve our own energy and to become more efficient, we are going to spread out our training season next year. We will begin offering trainings in October and we will wrap up in late May. Look for details on this in our next issue of the Pesticide Quarterly, which should be in your hands by mid September.
Have a successful and fun summer,
Andrew A. Thostenson
Pesticide Program Specialist
(Bismarck) Thanks to a grant from the U.S. Environmental Protection Agency, the North Dakota Department of Agriculture (NDDA) will be able to conduct a scaled-back Project Safe Send collection this year in July.
"The state non-point source pollution task force clearly saw the value of Project Safe Send and recommended this project to the EPA, which authorized $150,190 for the program this year," said Agriculture Commissioner Roger Johnson, who announced the sites and dates of the 2004 collections. "Although we will be collecting at fewer sites this year, it is still the perfect opportunity for farmers, ranchers, homeowners, businesses and city and county governments to get rid of their unusable pesticides safely and at no cost."
All collections will be held from 9 a.m. to 3 p.m. (local time) at the North Dakota Department of Transportation (DOT) facilities (except West Fargo) in the following communities:
• July 13 - Hettinger DOT, 121 1st St. N; located ¾ mile north of U.S. Highway 12 on the road to the airport.
• July 14 - Underwood DOT, 337 Old Highway 83; located just north of the city on the west side of Highway 83.
• July 15-Mohall DOT, 802 CO Road 9N; drive west through Mohall on Highway 5, cross the railroad tracks on the west edge of town, turn right at County Road 9 and go ½ mile north; located on the right side of the road.
• July 16 _ Devils Lake DOT, 1905 Schwan Ave. NW; located 2½ miles west of Devils Lake — Industrial Park — on the south side of U.S. Highway 2.
• July 19 _ Cavalier DOT, 9398 138th Ave. NE; located 3 miles west of Cavalier on the south side of N.D. Highway 5.
• July 20 _ West Fargo, Cass County Highway Department shop, 1201 W. Main Ave.; located on the south side of Main Avenue, ¼ mile east of the Red River Valley Fairgrounds.
• July 21 _ Jamestown DOT, 3568 81ST Ave. NE; take Exit 256 on I-94, Woodbury Interchange, drive north about ½ mile; located on the east side of street.
• July 22 _ Oakes DOT, 914 S 7th St.; drive south on 7th St, ¼ mile south of the railroad tracks; located on the east side before the SE Vocation Center.
Persons with more than 1,000 pounds of pesticides should call (701) 328-4997 to pre-register. Others do not have to pre-register.
NDDA will accept up to 100 pounds of pesticide rinse water free of charge, then a $1 fee will be charged for each additional pound.
Onyx Environmental Services of Blaine, Minnesota, will collect the pesticides and transport them to Wisconsin where they will be bulk packaged and then transported to federally approved incinerators and disposal sites in other states.
Johnson said a total of 155,158 pounds of unusable pesticides were collected at nine sites in 2003, compared to 190,759 pounds at 16 sites in 2002.
"I hope that the 2005 Legislature will authorize full funding for Project Safe Send for the next biennium," Johnson said. "The numbers clearly show a continued need for the program, and there is widespread support for it among lawmakers."
Until this year, Project Safe Send had been funded by the fees paid by pesticide manufacturers to register their products in the state.
Since 1991, more than 1.4 million pounds of unusable pesticides, including DDT, arsenic and mercury compounds, have been shipped out of state and destroyed through Project Safe Send.
The "North Dakota Noxious and Troublesome Weed Guide" has been revised and re-released by Rod Lym, NDSU weed science professor. The guide includes photos of 28 weedy or troublesome weeds including all those on the state noxious weed list. Several native species are included that are generally not considered weedy but are often misidentified as weeds such as wavy leaf thistle, flodman thistle, and golden rod. Troublesome weeds include poison ivy, common ragweed, dames rocket, and swamp ragwort.
The guide is 4 by 5¾ inches for easy carrying. There are photos of the mature plants as well as close-ups of key distinguishing characteristics such as flowers, leaves, and seeds. The guide is available at your local office of the NDSU Extension Service and costs $4 per copy. It is also available from the Distribution Center, NDSU Extension Service, Morrill Hall, P.O. Box 5655, Fargo, ND 58105-5655, (701) 231-7882, fax (701) 231-7044, e-mail dctr@ndsuext.nodak.edu
North Dakota's annual pesticide container recycling program is traditionally held in August and September. Watch for announcements from the North Dakota Department of Agriculture in the last half of July for specific collection dates and site locations.
"This is the perfect opportunity for farmers, ranchers, land managers, pesticide applicators and dealers to get rid of their plastic containers in a safe, environmentally responsible manner," said Agriculture Commissioner Roger Johnson. "There is no charge for this service."
Only containers from one to 30 gallons will be accepted. The empty containers must be triple-rinsed or pressure rinsed with all labels and caps removed before delivery to a collection site. The 30-gallon containers must be cut lengthwise into quarters.
North Dakota's program is affiliated with the Ag Container Recycling Council, a non-profit organization of leading agricultural chemical companies. Recycling efforts conducted under ACRC auspices have resulted in the recycling of more than 50 million pounds of plastic. ACRC has contracted with Tri-Rinse, Inc., St. Louis, MO, to conduct the collections in North Dakota.
Contacts:
Judy Carlson, North Dakota Department of Agriculture
600 E Boulevard Ave Dept 602, Bismarck, ND 58505-0020
(701) 328-2231•1-800-242-7535 (toll-free)
Fax (701) 328-4567•E-mail: jcarlson@state.nd.us
Ag Container Recycling Council
156 15th Street, NW, Suite 400, Washington, DC 20005
(877) 952-2272•Fax (877) 951-2272 (toll free)
E-mail: info@acrecycle.org
TRI-Rinse, Inc.
P.O. Box 15191, St. Louis, Missouri 63110
(314) 647-8338•Fax (314) 647-5028•E-mail: info@tri-rinse.com
(Editors note: What follows are instructions pesticide applicators on the West Coast are being given to comply with recent Federal Court Orders. While this does not apply to North Dakota, it could very well happen should EPA be confronted on their lack of endangered species impacts for various pesticides uses in this state.)
Court ordered limitations effects determinations and consultations
Shaded counties on the map are those that support threatened and endangered salmon or steelhead habitat, and in which pesticide use buffers may have been ordered by the court. If you plan to use any of the pesticides subject to the court order in a shaded county, YOU SHOULD FIRST READ THE BACKGROUND section.
Pesticide users are urged to check this site, before, but close to the time of application of the pesticide, since the buffers may become unnecessary as EPA continues its review of the pesticides subject to the court order.
Background
A citizen suit was filed under the Endangered Species Act against EPA by a group of environmental organizations (Washington Toxics Coalition, et al. v. EPA). In response, the United States District Court for the Western District of Washington issued on Jan. 22, 2004, an order that establishes pesticide buffer zones. Buffer zones are areas adjacent to certain streams, rivers, lakes estuaries and other water bodies, in which the court is ordering certain pesticides not be used. Generally, the buffers established by the Court are 20 yards for ground application and 100 yards for aerial application, adjacent to certain "salmon-supporting waters" in Washington, Oregon and California. The order applies to pesticide use in these three states, for any product containing one or more of the pesticides subject to the court order.
The Court Order which became effective on February 5, 2004, defines salmon-supporting waters as certain water bodies below the "normal high water mark" and thus, any buffer should be measured from that normal high water mark. The buffers apply to the waters indicated on our interactive mapper www.epa.gov/oppfead1/endanger/wtc/uselimitation.htm , and to estuaries relevant to each of the salmon and steelhead. An estuary is a water passage where a tide meets a river current.
Failure to comply with the court order is not a violation of the Federal Insecticide and Fungicide Act (FIFRA). However, EPA recognizes the legal effect of the Court's order and is providing the information on this Web site and linked sites, to assist pesticide users in understanding the specific provisions of the Court's order.
There are several general exceptions to the buffers in the court order and many pesticide specific variations. You should read the general exceptions to determine if any buffers apply to your use of the pesticides subject to the order.
If the general exceptions do not apply to you, consult our interactive map to determine whether a specific buffer applies to your use of a pesticide, and the waters to which that buffer applies.
Enter our interactive map site to determine how the Court's order applies to a pesticide you intend to use.
General exemptions
Below are descriptions of specific uses for which there is no buffer for any of the pesticides subject to the court order, and uses where only a one yard buffer applies for any of the pesticides subject to the court order. Also below are specific exceptions that apply to Noxious Weed Control Programs, and programs authorized by the National Marine Fisheries Service.
Uses for which there is no buffer
No buffers apply for the following uses of any of the pesticides subject to the order:
• Use in a public health vector control program administered by a public entity
• Use to manufacture an end-use pesticide product
• Use in flea or tick collars for dogs or cats
• Indoor uses
• Use by tree injection
• Homeowner applications to household potted plants
Uses for which there is a one yard buffer
A one yard buffer applies for the following uses of any of the pesticides subject to the order:
• Localized spot treatments using hand-held, ready-to-use devices, as long as the area treated is limited to 10 percent of the treated right-of-way, roadside, pasture, lawn or forestry site
• insect bait stations
• spot treatments of wasp and hornet nests, as long as the area treated is limited to 10 percent of the treated right-of-way, roadside, pasture, lawn or forestry site
• individual tree removal using cut stump applications
• basal bark applications to individual plants
Noxious weed control programs
Buffers for use of the pesticides for noxious weed control are the same as those indicated for your use area and the specific active ingredient, on the interactive map with the following exceptions:
1. Application of a pesticide registered for aquatic use, and used to control state-designated noxious weeds as part of a program administered by a public entity, does not require any buffer if:
a. The application is overseen by a Certified Applicator AND
b. Precipitation is not occurring or forecast to occur within 24 hours.
c. If using 2,4-D or Triclopyr, only the amine formulations are used.
2. Application of a pesticide which is not registered for aquatic use, but used to control state-designated noxious weeds as part of a program administered by a public entity, requires only a 15 foot buffer if:
a. The application is overseen by a Certified Applicator AND
b. Precipitation is not occurring or forecast to occur within 24 hours, AND
c. Winds are not greater than 5 mph AND
d. If using 2,4-D or Triclopyr, only the amine formulations are used.
Programs authorized by the National Marine Fisheries Service (NMFS)
Use of a pesticide undertaken as part of a specific agency action (other than EPA's authorization of a pesticide use under FIFRA) as authorized by:
• No-jeopardy biological opinion issued by NMFS that addresses the pesticide's use and effects on a salmon Evolutionarily Significant Unit (ESU), and an incidental take statement issued by NMFS under the Endangered Species Act (ESA) Section 7(a)(2) that authorizes the take of listed salmon or steelhead;
• Written concurrence by NMFS in a "not likely to adversely affect" determination issued under ESA Section 7(a)(2) that addresses the pesticide's use and effects on a salmon ESU;
• An incidental take permit issued by NMFS under ESA Section 10(a) that authorizes the take of listed salmon or steelhead from application or use of the pesticide; or
• A limit on the take prohibition of ESA Section 9 with respect to a specific use of a pesticide promulgated by NMFS pursuant to ESA Section 4(d) and incorporated into the salmon 4(d) rule codified at 50 CFR § 223.203.
Pesticide subject to the court order
If you are planning to use a pesticide in one of the counties shaded in green on the map, and that pesticide contains one or more of the active ingredients listed below, there may be court ordered buffers that apply to your use of the pesticide. You are encouraged to review the BACKGROUND section to determine the general exceptions and then to use the interactive map to determine specific buffers the court has ordered and the waters to which those buffers apply. You are encouraged to check this site, before, but close to the time of pesticide application, since the information may change as EPA continues to review the pesticides and certain buffers may no longer be necessary.
1,3-dichloropropene
2,4-D
azinphos-methyl
bensulide
bromoxynil
captan
carbaryl
carbofuran
chlorothalonil
chlorpyrifos
coumaphos
diazinon
diflubenzuron dimethoate
disulfoton
diuron — crop
diuron — non-crop
ethoprop
fenamiphos
fenbutatin oxide
lindane
malathion
methidathion
methomyl
methyl parathion metolachlor
metribuzin
naled
oxyflourfen
pendimethalin
phorate
prometryn
propargite
tebuthiuron
triclopyr BEE
trifluralin
Pesticide Quarterly, Volume 22, No. 3, JULY 2004
NDSU Extension Service, North Dakota State University of
Agriculture and Applied Science, and U.S. Department of Agriculture cooperating.
Duane Hauck, 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,
sex, disability, age, Vietnam era veterans status, or sexual orientation; and
are an equal opportunity employer.
This publication will be made available in alternative format for persons with
disabilities upon request 701/231-7881.
North Dakota State University
NDSU Extension Service