Nutrient Management and Pesticide Regulations: Where are we today

and what may be coming in the future?

2014 IPLCA Turf Education DayChicago Botanic Garden, Glencoe, IL

September 12, 2014

Warren D. Goetsch. P.E.Illinois Department of Agriculture

Pesticide licensure requirements

2014 Pesticide Misuse Complaints

Nutrient Management & the Loss Reduction Strategy

Pesticide licensureThe Illinois Department of Agriculture

certifies and licenses those applying pesticides in outdoor environments and in the production of agricultural commodities.

The Illinois Department of Public Health certifies and licenses individuals applying pesticides in and on manmade structures. This includes nuisance bird control, rodent control, wood treatment, and insect control.

Pesticide LicensureRequired of everyone applying restricted use

pesticides (RUPs)Required of anyone applying restricted use or

general use pesticides in the course of employment

A person applying general use pesticides on his or her own property is exempt from licensure

A license is required to purchase restricted use pesticides but not general use pesticides

Pesticide licensureApplicator – Person who owns or manages a

pesticide application business, uses pesticides, and/or supervises pesticide use. Every entity engaged in pesticide application must have at least one licensed applicator.

Operator – Person who applies pesticides under the direct supervision of a licensed applicator. Multiple operators may work under the supervision of an applicator

Pesticide licensure

5 license typesPrivateDealerCommercialCommercial Not-For-HirePublic

Pesticide licensure17 licensure categories

Aquatic Plant ManagementDemonstration & Research RegulatoryField Crop Right-of-wayForest Sewer line root

controlFruit Seed treatmentGrain Facility Soil fumigationLivestock TurfMosquito Vegetable CropOrnamental

Pesticide licensureTwo step process – certification and licensureCertification – successfully complete required

examinations (3 calendar year life)HB5464 – exams valid through calendar year

Licensure – meet proof of financial responsibility requirements (if applicable), complete required certifications, and submit application & fee (private – 3 calendar year life, all others – 1 calendar year life)

License expiration at end of calendar year (Dec. 31)

Pesticide licensure

In 2013, the Department licensed approximately 33,523 individuals to apply pesticides in Illinois

17,763 private applicators

15,760 commercial, commercial not-for-hire, dealer, and public applicators and operators

NotificationPlacement of Markers following application

to lawns

Applications to school or day care center grounds – Registry of parents and guardians

Lawn MarkersImmediately following the application of

lawn care products to a lawn, an applicator shall place a lawn marker at the usual point or points of entry.

Lawn care products include both pesticides and fertilizers.

Lawn includes land area covered with turf kept closely mown or land area covered with turf and trees or shrubs.

Lawn Markers4” by 5” sign - white in colorLettering in a contrasting color at

least 3/8” in height“LAWN CARE APPLICATION-STAY

OFF GRASS UNTIL DRY-FOR MORE INFORMATION CONTACT: _____(name and phone number of applicator)____”

Bottom of marker at least 12” above the turf

Remove marker the following day

RegistryWhen pesticide (not lawn care product)

applications are made to school or day care center grounds other than school structures, notification must be made.

If only a fertilizer is applied, this does not apply. But, a weed & feed product contains pesticides.

RegistryApplies to more than just the lawn – any

pesticide application to school or day care center grounds, other than the structures.

Registry - Schools

School districts must maintain a registry of parents and guardians who have registered to receive written or telephonic notification before the application of pesticides and notify those on the registry OR schools must provide written or telephonic notification to all parents and guardians before applications.

Registry – Day Care Centers

Day Care Centers must maintain a registry of parents and guardians who have registered to receive written notification before the application of pesticides and notify those on the registry OR day cares must provide written or telephonic notification to all parents and guardians before applications.

Written NotificationMay be included in newsletters, calendars, or other correspondence currently being published, but posting on a bulletin board or door is not sufficient.

Written/Telephonic Notification

Must be given at least 4 business days before the application.

Should identify the intended application date and the name & phone number of the responsible school personnel, or for day cares, the owner or operator of the day care.

Related requirementsGolf course provisions – blanket posting procedurePrior notification for a neighbor - A person whose

property abuts or is adjacent to the property of a customer of an applicator for hire may receive prior notification of an application by contacting the applicator for hire and providing his name, address and telephone number. Notice shall be provided at least the day before a scheduled application

Product information to a neighbor - A person whose property is adjacent to the property receiving a lawn care product may request a copy of the material safety data sheet and the pesticide label for each product applied.

Pesticide Misuse Complaints

Misuse Case ProcessDepartment receives formal complaintField representative assignedSite visit conductedComplainant and respondent interviewedApplication records checkedPossible samples collected & lab analysisReport submitted to headquarters office for

reviewEnforcement determination

Enforcement Determination –Penalty Matrix

Points assessed based on Use and Violation Criteria:

Harm or Loss Incurred – (1 to 6 points) Single Word of Product Involved - (1 to 4 points) Degree of Responsibility - (2 to 10 points) Violator’s History for the previous three years - (2 to

7 points) Violation Type (application vs. product oriented) – (1

to 6 points)

Enforcement Determination –Penalty Matrix

Penalty based on assessed points: 6 or less - advisory letter 7 to 13 - warning letter 14 to 16 - $750 17 to 19 - $1,000 20 to 21 - $2,500 22 to 25 - $5,000 26 to 29 - $7,500 30 and above- $10,000

Administrative hearing required for monetary penalties

2012 Misuse Complaint Investigation Status – 94 cases

52 cases closed

40 warning letters issued

4 administrative hearings scheduled

• One $750 fine for misuse• One $500 fine for license violation• Two $250 fines for Lawncare Act violations

2013 Misuse Complaint Investigation Status – 117 cases

69 cases closed

35 warning letters issued

18 administrative hearings scheduled

• One $2,500 fine for misuse• One $1,000 fine for misuse• Eight $750 fines for misuse• Six $500 fines for license violations• Two $250 fine for Lawncare Act violations

2014 Misuse Complaint Investigation Status – 124 y-t-d

40 cases closed – “no misuse”

35 warning letters issued

5 administrative hearings scheduled

• One $750 fine for misuse• Three $500 fines for license violations• One $500 fine for Lawn Care Act violation

Nutrients, what’s new & next?

Gulf Hypoxia

Nutrient Criteria and Water Quality Standards

Federal Programs & Litigation

36

HypoxiaDissolved oxygen levels

below 2 ppm

Caused by stratification of water column and decomposition of organic materials (algae)

Excess algal growth caused by excess nutrients

37

30.0

29.0

29.5

93.5

28.5

92.5 89.590.591.5

FIGURE 1.1 – Distribution of frequency of occurrence of mid‑summer hypoxia — based on data from Rabalais, Turner and Wiseman from the 60 to 80 station grid repeatedly sampled from 1985-1999 (from #1, figure 2 - updated with 98/99’ data)

Hypoxia Frequency of Occurrence

1985 - 1999

TerrebonneBay

Atchafalaya RL.Calcasieu

Mississippi RSabine L.

>75%>50%>25%<25%

50 km

Mississippi River/Gulf of Mexico Watershed Nutrient Task Force

Task Force began in late 1990sIntegrated Assessment2001 Action PlanReassessment / USEPA Science Advisory

Panel2008 Action Plan

Mississippi River/Gulf of Mexico Watershed Nutrient Task Force

Overall BasinSub-Basin Groups

UMRESHNCOhioLower Mississippi

State Level Plans identified in 2008 Action Plan

Mississippi River/Gulf of Mexico Watershed Nutrient Task Force3 Goals

Coastal Goal – reduce the five-year running average areal extend of the Gulf of Mexico hypoxic zone to less than 5,000 sq. kilometers by the year 2015

Within Basin Goal – restore and protect the waters of the 31 states and tribal lands within the Mississippi/Atchafalaya River Basin

Quality of Life Goal – improve the communities and economic conditions across the Mississippi/Atchafalaya River Basin

Mississippi River/Gulf of Mexico Watershed Nutrient Task ForcePrincipals

Encourage actions that are voluntary, incentive-based, practical, and cost-effective;

Utilize existing programs, including existing state and federal regulatory mechanisms;

Follow adaptive management;Identify additional funding needs and sources during

the annual agency budget processes;Identify opportunities for, and potential barriers to,

innovative and market-based solutions; andProvide measurable outcomes as outlined below in

the three goals and eleven actions.

Illinois Strategy DevelopmentPolicy work group made up of various

stakeholders includingWaste Water Treatment Works representativesEnvironmental advocate organizationsAgricultural organizationsState government agency representativesUniversity of Illinois researchersFederal government representatives

Meet monthly over a 12 month period beginning in the summer of 2013

Illinois Strategy DevelopmentScience Assessment – Dr. Mark David, et al.

Describes current conditionsIdentifies critical watershedsIdentifies agricultural practices and nutrient

losses by major land resource area (MLRA)Lists possible point source reductions with

resulting cost estimatesOutlines possible non-point source nutrient

losses with cost estimatesLists statewide scenarios with associated costsConclusions

Illinois Statewide Nutrient Loss Reduction StrategyThree subcommittees with representatives

from numerous interest groups – Agricultural non-point sources Urban point source Urban non-point sources

Met various times to draft specific strategy chapters

Illinois Strategy DevelopmentGoals and Milestones

GOAL = 45% reduction in the annual loading of nitrate-nitrogen and phosphorus compared to 1980-1996 (baseline conditions)

Milestones Nitrate-nitrogen 15% by 2025 Phosphorus 25% by 2025

Illinois Statewide Nutrient Loss Reduction StrategyAgriculture Subcommittee

Representatives from numerous interest groups Agriculture Environmental NGOs Waste water organizations State and federal government University researchers

Met three times as a subcommitteeProvided comments on a draft agriculture

chapter twice before the document was distributed to the entire policy work group

Illinois Statewide Nutrient Loss Reduction Strategy

Science Assessment – Dr. David, et al

Agriculture interest groups should be certainly complemented for their leadership in the development and implementation of:CBMP’s KIC 2025 initiativeNREC

Illinois Statewide Nutrient Loss Reduction Strategy

Illinois Statewide Nutrient Loss Reduction Strategy

Illinois Statewide Nutrient Loss Reduction Strategy

Illinois Statewide Nutrient Loss Reduction Strategy

Point Source Strategies

TMDLs and Waste Load Allocations for point sources

NPDES Permit Limits – 1 mg/l total phosphorus

Watershed Planning EffortsWater Quality Standards

Non-Point Source Strategies – Nitrate-NReducing N rateNitrification inhibitorSplit applicationsCover cropsBioreactorsWetlandsBuffersPerennial/energy crops

Non-Point Source Strategies – Total P

Convert to reduced, mulch or no-tillReducing P rate on field with high P soil testCover cropsWetlandsBuffersPerennial/energy crops

Illinois Statewide Nutrient Loss Reduction Strategy

Education and Outreach recommendations focus on the 4 Rs of nutrient management

Right fertilizer source at theRight rate at theRight time in theRight place

Illinois Statewide Nutrient Loss Reduction Strategy

Economic strategy options include:

A discussion of the industry’s KIC 2025 initiative,

The NREC program,Other existing state and federal programs,

andLimitations of existing funding and the

need for new funding sources

Illinois Statewide Nutrient Loss Reduction Strategy

Next Steps –

Currently revising the document in response to stakeholder committee comments

October 15 -- Revised draft to be released for 30-day public comment period

End of the calendar year – Finalized strategy document submitted to USEPA Region 5

We Cannot Afford this Perception..

Pesticide licensure requirements

2014 Pesticide Misuse Complaints

Nutrient Management Issues & the Loss Reduction Strategy

Questions……….