North Dakota State University
NDSU Extension Service

Volume 24, No. 2 May 2006

In this issue . . .

2006 Project Safe Send Collection Sites

Coordinator's Comments

Pesticide Container Disposal

Corrections and Clarification on Enforcement Actions and Complaint Summary from the January 2006 Pesticide Quarterly

Personal Protective Equipment Needs

Delayed Applications Under the Worker Protection Standard

Tales from the Fumigation Training Game

2006 Project Safe Send Collection Sites

Sixteen sites have been selected for the 2006 Project Safe Send collection of unusable pesticides, scheduled for July 11-25. (See the list below for dates, times and locations.)

"This is a good time for anyone with pesticides - farmers, ranchers, chemical dealers and applicators, government agencies and homeowners - to take stock of their inventory and set aside unusable pesticides for disposal," said Agriculture Commissioner Roger Johnson. "With 16 collection sites, no one will have to drive far to get rid of their waste pesticides safely, efficiently and at no charge."

People with more than 1,000 pounds of pesticides should call (701) 328-4997 to preregister. No other preregistration is required.

Pesticide rinse water also will be accepted at any of the 16 collection sites. The first 100 pounds of rinse water will be taken free of charge. A fee of $1 per pound will be charged for each additional pound.

Since 1992, nearly 5,000 participants have used Project Safe Send to safely get rid of almost 1.8 million pounds of unusable pesticides, including DDT, arsenic and mercury compounds.

Project Safe Send is funded through the fees pesticide manufacturers pay to register their products in North Dakota.

All collections are at North Dakota Department of Transportation (DOT) facilities, unless otherwise noted, from 9 a.m. to 3 p.m. local time.

• Tuesday, July 11

Cass County Highway Department shop - 1201 Main Ave. W., West Fargo; south side of Main Avenue, ¼ mile east of Red River Valley Fairgrounds

• Wednesday, July 12

Cass County Highway Department shop. (see above directions)

• Thursday, July 13

Mayville DOT - from the junction of North Dakota Highways 18 and 200, go two miles south to the edge of town (right hand side of the road)

• Friday, July 14

Drayton DOT - just east of the I-29 interchange on North Dakota Highway 66 (north side of the road)

• Monday, July 17

Courtenay DOT - ½ mile north of Courtenay on North Dakota Highway 20

Minot DOT - from the intersection of U.S. Highways 83 and 2, go east about three miles; the DOT is on the east side of Highway 2, just north of Gooseneck Implement (John Deere dealership)

• Tuesday, July 18

Minot DOT (see above directions)

Langdon DOT - one mile west of Langdon on North Dakota Highway 5 (south side)

• Wednesday, July 19

Bottineau DOT - ½ mile east of Bottineau on North Dakota Highway 5, then 1½ miles north on Lake Metigoshe Road (east side of the road)

Tioga - city shop area, 316 1st St. N.E.

• Thursday, July 20

Rugby DOT - 1 mile east of the junction of U.S. Highway 2 and North Dakota Highway 3, north one mile, east ¼ mile

Killdeer DOT - northeast of junction of North Dakota Highways 22 and 200

• Friday, July 21

Linton DOT - 820 Highway 13 E.; from Linton, go one mile east on North Dakota Highway 13 (south side of highway)

Belfield DOT - Take I-94 to exit 42, then go ½ mile south on U.S. Highway 85 (just left of the highway)

• Monday, July 24

Edgeley DOT - two miles north of the junction of U.S. Highway 281 and North Dakota Highway 13, west side of Highway 281

Hettinger DOT - 121 1st St. N.; ¾ mile north of U.S. Highway 12 on the road to the airport

• Tuesday, July 25

Wyndmere DOT - from the junction of North Dakota Highways 13 and 18, go 2½ miles north on Highway 18 (west side of road)

Glen Ullin DOT - 4110 County Road 88; ½ mile north of Glen Ullin on County Road 88 (east side of road)

Coordinator's Comments

This past fall, the Environmental Protection Agency made known in the Federal Register its intention to restructure the national regulations for pesticide certification and worker protection. (You can see the actual abstracts of these notices at the end of this comments section.)

Both of these notices mark the beginning of a rule-making process that will take years to complete. It will be messy. It will be confusing. It will be, at times, incomprehensible. But whether for good or ill, changes in the way we all do business are coming.

As this process unfolds, we'll do the best we can at keeping you apprised as to what these changes will entail. Your job will be to keep your eyes and ears open so you can make the appropriate comments when necessary to positively influence the outcome.

My best guess is we will see the first trial balloons in late fall 2006, and the first written draft rules will be made available for comment during summer 2007.

As one trade journal reported a month ago, "EPA Plans Massive Revisions to Its Pesticide Worker Protection and Applicator Regulations." That probably is an understatement, so stay tuned.

Certification Changes

The EPA is proposing changes to federal regulations guiding the certified pesticide applicator program (40 CFR 171). Change is sought to strengthen the regulations so that they may better protect pesticide applicators and the public from harm due to pesticide exposure. Changes would include having occupational users of pesticides demonstrate competency by meeting minimum competency requirements; ensuring that those who train on pesticide safety are competent; and requiring additional competency determinations of those who use the most toxic pesticides in a manner that could result in significant exposure to the public. The need for change arose from EPA discussions with key stakeholders. EPA has been in extensive discussions with stakeholders since 1997 when the Certification and Training Assessment Group (CTAG) was established. CTAG is a forum used by regulatory and academic stakeholders to discuss the current state of, and the need for improvements in, the national certified pesticide applicator program. Throughout these extensive interactions with stakeholders, EPA has learned of the need for changes to the regulation.

Worker Protection Standard Changes

The EPA is developing a proposal to revise the federal regulations guiding agricultural worker protection (40 CFR 170). The changes under consideration are expected to help agricultural workers protect themselves from potential hazards resulting from their potential exposure to pesticides and pesticide residues. EPA is proposing to make minor adjustments to improve and clarify current requirements and facilitate enforcement. Other changes sought are to establish a right-to-know hazard communication program and make improvements to pesticide safety training. The need for change arose from EPA discussions with key stakeholders beginning in 1996 and continuing through 2004. EPA held nine public meetings throughout the country during which the public submitted written and verbal comments on issues of their concern. In 2000 through 2004, EPA held meetings where invited stakeholders identified their issues and concerns with the regulations.

Best regards,

Andrew Thostenson,
NDSU Pesticide Program Specialist

Pesticide Container Disposal

The North Dakota Department of Health's Division of Waste Management maintains this list of industrial and municipal solid waste landfills that may accept amounts of properly emptied, rinsed and punctured pesticide containers solely as a service.

In using this list, the division advises interested parties to contact the facility prior to transporting waste to ensure acceptance and proper handling. Any facility may refuse service at its discretion. Specific landfills may have some limitations on the amount of such waste they may accept.

The division, in providing the list, does not endorse any specific facility nor guarantee its compliance with applicable laws. The division advises interested parties to evaluate the services and compliance status of any facility they use or plan to use to manage their wastes.

Questions may be directed to:

Division of Waste Management
North Dakota Department of Health
Phone: (701) 328-5166
Fax: (701) 328-5200
Web site: www.health.state.nd.us

Corrections and Clarification on Enforcement Actions and Complaint Summary from the January 2006 Pesticide Quarterly

• The North Dakota Department of Agriculture's enforcement action against Troy Gratton of Milton, N.D., was incorrectly listed as "not certified and no records." Gratton was indeed certified, but failed to keep fumigation application records.

• The complaint listed in Stark County in 2005 referring to "pesticide containers in back of vehicle while in restaurant" deserves more clarification.

A concerned citizen from Dickinson, N.D., made the complaint. He observed a spray truck was being parked in a busy restaurant parking lot for three or four days at a time and overnight, with pesticides sitting unattended in the back of the vehicle.

The department's investigations found that not only were the pesticides being left unsecured, but the applicator failed to be certified, containers were not labeled, no spill kit was found at the business and the storage facility was not properly contained.

The applicator ignored a plea and waiver agreement and the matter has been referred to the North Dakota attorney general for prosecution. The North Dakota Department of Agriculture is pursuing a $2,000 fine for the alleged violations.

Personal Protective Equipment Needs

During this past season's trainings, I spent considerable attention emphasizing the need to use personal protective equipment (PPE) to prevent exposure to pesticides. Often I was asked, "What do we need to carry on the spray rig?" or "What do I need to be legal?"

I could speak volumes on this subject. However, the bottom line is all agricultural-use pesticides have specific label statements regarding the PPE necessary to protect the applicator/handler from exposure. Nonagricultural-use pesticides may be less specific, but even they will have similar statements.

At a minimum, the label will require conventional clothing to protect the user from routine skin exposure. It also will require eye protection when handling the concentrated material. Further, it will require hand protection (chemical-resistant gloves, with the exception of some formulations of fumigants). Anything less than this, even on a hot and muggy day, is a violation of the label and the law.

Having said this, many pesticide labels require more protection than what I have listed above. Listed below is an extract from a colleague of mine who goes into some detail about what each PPE statement on a pesticide label actually means.

Finally, I cannot emphasize enough the importance of each applicator getting copies of each pesticide product label they intend to use this season and reviewing the statements regarding PPE. If applicators don't do this before the use season, I am confident they will not get it done during the rush of the growing season. If they don't review the label now, I also am certain they will not purchase any special PPE they need once the battle begins.

My last parting words are this: If you do not care to protect yourself from pesticide exposure, perhaps you should ask your spouse, children, parents or friends if they think having you simply accept all of the risks of injury from both acute and chronic exposure would be OK. My bet is they will have a response that is more in sync with a pesticide inspector from the North Dakota Department of Agriculture.

Interpreting PPE Statements on Pesticide Labels

(Extracted from Fred Witford's Purdue University publication PPP-38, "Pesticides and Personal Protective Equipment: Selection, Care and Use")

Listed at right (in bold) are examples of wording found on pesticide labels relative to personal protective equipment required when handling the product. Below each example are EPA interpretations of those label statements. When confused as to what a pesticide label means, consult these guidelines.

In most cases, the first line of a label statement addressing personal protective equipment indicates what is required for minimum protection; use of additional or more sophisticated equipment, for added protection, is left to the discretion of the user.

Delayed Applications Under the Worker Protection Standard

The Worker Protection Standard (WPS) for agricultural uses of pesticides requires the commercial handler provide specific information to the grower about pesticide applications on the agricultural establishment before the application takes place.

This is so the grower can, in turn, provide appropriate protection to his/her workers and family. The Environmental Protection Agency is aware, however, that on occasion, some commercial handlers may not be able to perform pesticide applications at a previously scheduled time.

The "How to Comply" manual provides some flexibility on this issue, noting that "if the pesticide is not applied as scheduled, the agricultural employer must be informed of the corrected time and date of the application. Make the correction before the application takes place, or as soon as practicable thereafter." Questions have arisen concerning the notification requirements if applications do not take place as scheduled, including when and how the employer must be notified of the change.

The WPS places certain requirements upon growers (agricultural employers). One of the most important requirements involves keeping workers out of treated areas during applications and while the restricted entry interval (REI) remains in effect. Growers also must provide workers with, among other things, information, protective equipment and decontamination supplies when they enter treated fields within 30 days of the expiration of the REI. The requirement for commercial handlers to notify growers before an application takes place must be viewed in light of its central purpose: to provide growers with information they may need to protect their workers.

The notification provision does not affect the obligation of growers to assure that workers remain out of treated areas during applications and while the REI remains in effect, and to assure that proper protections are provided when workers enter treated areas within 30 days of expiration of the REI. The obligation of the grower continues whether or not notification of an application occurs. The grower should take whatever steps are necessary to assure that he/she is informed of an application before workers might enter treated areas.

Obviously, notification before application is the best way to assure that the grower has the necessary information to protect the agricultural employees. For this reason, the WPS requires notification take place before applications. Commercial handlers are liable under the WPS if they fail to provide such notification.

The EPA recognizes an application sometimes does not take place when scheduled, and that communication between commercial handler and grower may be difficult to accomplish. The agency therefore is willing to allow some rescheduled applications to go forward without requiring prior notification. This flexibility is available only when:

• An application previously has been scheduled (including day, date and time) and agreed upon by the commercial handler and grower

• The prior notification required by the WPS has been provided

• The prearranged application subsequently does not take place as scheduled

Commercial handlers and growers must keep in mind that growers still are liable if their employees enter fields during the REI, or within 30 days of the expiration of the REI if any applicable WPS requirements are not met. Notification must occur in one of two ways.

The grower can receive notification before workers could be exposed to pesticide residues resulting from the application in violation of the WPS. Otherwise, the commercial handler must notify the grower with a form of notification previously agreed upon by the commercial handler and grower, which was reasonably calculated to get information to the grower before workers could be exposed to residues in violation of the WPS.

EPA strongly recommends commercial handlers and growers work out in advance between themselves:

• How notification of regularly scheduled applications should be accomplished

• Under what circumstances applications may take place without prior notification if previously scheduled applications do not occur on time

• How notification of rescheduled applications should be accomplished

More resources on the WPS can be obtained by going to the http://ndsupesticide.orgWeb site or the EPA's Web site on the WPS at www.epa.gov/agriculture/htc.html

Tales from the Fumigation Training Game

A couple of days following a fumigation training, I had a spirited telephone call from an experienced fumigator who was asking for advice on purchasing air monitoring and respiratory protection equipment for use with aluminum phosphide. It was a great call because he was genuinely trying to do the right thing - protect himself.

Sadly, during the course of the call, he admitted to me his usual practice was to get in the grain bin fast and get out even faster when laying down the pellets. He did not use any protection and his monitoring consisted of watching his time and concentrating on his sense of smell for the presence of phosphine gas.

I asked him what he did when he thought he had been in the bin too long. His response was, get some fresh air, then hold his breath until he was finished distributing the pellets. I could not figure out whether I should throttle him or pity him and his family. The good news is he knew this practice was going to lead to a disaster and he was ready to make the change.

What really put the hook into him was when I reminded him at the training that smell never is a good predictor of fumigant concentration and death from exposure could be quick and painless or slow and very painful, as essential body functions shut down during a period of several days or weeks.

The following description from the World Heath Organization's "Phosphine and selected metal phosphides exposure to humans" 1983 reference is stark:

Because the odor of phosphine depends on impurities which may be removed by purification or adsorption, odor cannot be relied on for warning of toxic concentrations.

Ingestion of phosphides may cause nausea, vomiting, diarrhea, retrosternal and abdominal pain, tightness in the chest and coughing, headache and dizziness. In more severe cases this may progress to cardiovascular collapse, pulmonary edema, cyanosis and respiratory failure. Pericarditis, renal failure and hepatic damage, including jaundice, may develop later.

Symptoms may be delayed and death may occur up to one week after poisoning. Pathological findings include fatty degeneration and necrosis of the liver and pulmonary hyperemia and edema.

Inhalation of phosphine or phosphide may cause severe pulmonary irritation. Mild exposure may cause only mucous membrane irritation, with initial symptoms mimicking an upper respiratory tract infection. Other symptoms may include nausea, vomiting, diarrhea, headache, fatigue and coughing, while more severe symptoms may include ataxia, paraesthesia, intention tremor, diplopia and jaundice. Very severe cases may progress to acute pulmonary edema, cardiac arrhythmias, convulsions and coma. Renal damage and leucopenia may also occur. Exposure to 1,400 mg/m3 (1,000 ppm) for 30 minutes may be fatal.

Death, which may be sudden, usually occurs within four days but may be delayed for one to two weeks. Postmortem examinations have revealed focal myocardial infiltration and necrosis, pulmonary edema and widespread small vessel injury. There is no evidence for cumulative effects from intermittent low-level exposure averaging 14 mg/m3 (10 ppm) or less.

Chronic poisoning from inhalation or ingestion may cause toothache, swelling of the jaw, necrosis of the mandible (phossy jaw), weight loss, weakness, anemia and spontaneous fractures.

Laboratory findings may include abnormal liver function tests, acidosis, increased blood urea and bilirubin, haematuria and proteinuria. Other diagnostic studies should include electrocardiogram, sputum and differential white blood cell count.

Occasional cases of accidental exposure of the general population to phosphine have occurred in the region of fumigation operations and on board ships carrying cargoes capable of releasing phosphine. There have been many cases of accidental or suicidal ingestion of phosphide pesticides. Lethal doses vary, but most fatal cases have ingested more than 20 g zinc phosphide, and most of those who recovered had ingested less than 20 g phosphide. Pulmonary edema and congestion and necrosis of the liver and kidneys are the principal pathological features in fatal cases. There have been occasional cases of fatal occupational exposure to phosphine, some of which have involved repeated exposures.

Environmental Health Criteria No. 73

If you are ready to quit holding your breath or simply are ready to do a more professional job applying fumigants, below are a couple of suppliers you may want to visit:

• Western Fire & Safety Inc., I-94 Business Loop E., Dickinson, ND 58601; e-mail: randyjilek@westernfire.net; phone: (701) 227-1620

• Gemplers, P.O. Box 44993, Madison, WI 53744-4993; e-mail: service@gemplers.com; phone: (800)382-8473 (USA and Canada)

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County Commissions, North Dakota State University 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, gender, disability, age, veteran's status or sexual orientation; and are an equal opportunity institution. This publication will be made available in alternative formats for people with disabilities upon request, (701) 231-7881.

North Dakota State University
NDSU Extension Service