Winter/Spring 2003

Nebraska Department of Agriculture

Vol. 12

The following case summaries are a partial listing of enforcement actions or investigations of the Pesticide Program of the Nebraska Department of Agriculture (NDA). All penalties paid are deposited in the Nebraska State Permanent School Fund.

1.   The NDA has run into a greater than normal number of sales of restricted-use pesticides (RUPs) by dealers to uncertified applicators. These sales usually involve sales to applicators who have allowed their license to expire, and the dealer failed to keep his/her own records current. Occasionally, however, sales of RUPs are made to someone who has never possessed a license. Penalties to dealers for sales of RUPs to uncertified applicators ranged from $500 for single violations to $3,750 for multiple violations. Uncertified applicators who use RUPs are typically penalized an average of $250 per violation. In two cases, the NDA found the dealer was using one or more license numbers of its employees to falsify records. Penalties were much higher for these cases, and, in one case, where the employee knew it was happening, that person's applicator license was placed on probation for two years for intentional evasion of the statute.

2.   Drift of pesticides is considered a use inconsistent with the label. In any given year, the NDA investigates from 30 to 50 drift complaints. On cases resulting in proven damage, penalties can range from warning letters to $5,000 per violation. During the reporting period, the NDA penalized applicators for the following amounts and situations:

• A commercial applicator who drifted pesticides onto vehicles on a state highway was penalized $500 and placed on one-year probation.

• A private applicator drifted corn herbicides onto soybeans and was penalized $250.

• A commercial lawn care applicator drifted herbicides onto the neighboring property as well as the person standing on the back deck yelling at him to stop drifting. The penalty was $1,750.

• A commercial applicator applied and drifted Roundup onto nonRoundup Ready soybeans, resulting in significant damage. The penalty was $2,500.

• Another commercial applicator drifted preplant corn herbicides onto numerous residential properties. The penalty was $1,250.

• A commercial applicator applying Grazon P+D to a pasture drifted it onto a soybean field. The penalty was $750.

• A dealer instructed two uncertified employees to rinse out mini-bulk herbicide tanks onto the parking lot. The drainage from the parking lot ran into the city storm water system, which led to a stream. The penalty was $4,000.

• A commercial applicator was found to have numerous commercial applicators rinsing application equipment onto a parking lot area that runs into an irrigation canal tailwater. The penalty was $4,875.

• A lawn care company routinely released rinsate and spillage into the city's sewer system from a floor drain in their shop area. The penalty for this and using uncertified applicators was $2,325.

• A grain fumigation company applied the solid grain fumigant aluminum phosphide to a large flat storage building during cool weather. The applicators failed to adequately calculate the reaction time of the fumigant for the conditions, and collected and disposed of it before it was fully transformed. The remaining fumigant was disposed of in a dumpster, which was then picked up by the local refuse hauler. A few miles down the road the refuse hauler noticed his truck was on fire. He pulled to the side of the road and released the contents of the truck on the shoulder of the road in order to prevent his truck from burning. The emergency response unit attempted to extinguish the fire with water, which reacted with the fumigant and made the fire worse. After the fire was smothered with sand, the waste hauler was required to haul the material to a special landfill for disposal. This resulted in a large amount of contaminated soil going to the landfill, the cost of which was charged to the company generating the waste. The NDA penalized the applicator $4,875 for improper disposal and $975 for use of a fumigant inconsistent with the label.

• An applicator licensed in the structural pest control category applied an RUP labeled only for rightof-way sites. The penalty was $150 to the applicator and $1,500 to the company for allowing this to continue for four years at multiple locations and failing to keep accurate records of the applications.

• A commercial application company specializing in railroad right-of-way applications applied numerous persistent herbicides that ran off during a rainfall event, damaging crops. The penalty was $1,250.

• The records for a lawn care company showed that numerous applications of a volatile herbicide were made when the temperature was in excess of 90° F and when winds exceeded 10 miles per hour. The label for the herbicide prohibited applications in these circumstances. The company's records consistently showed lower winds and cooler temperatures than what local weather stations recorded. The company also allowed an uncertified applicator to make numerous pesticide applications. The total penalty for these violations was $16,500.

In a September 25, 2002, Federal Register Notice, the U.S. EPA announced the availability of its Interim Reregistration Eligibility Document (IRED) for the active ingredient diazinon. The IRED represents EPA's formal regulatory assessment of the health and environmental database of the chemical and presents the Agency's determination regarding which pesticidal uses are eligible for reregistration. Much of the following text is taken from the IRED, which can be found at www.epa.gov/oppsrrd1/REDs/diazinon_ired.pdf. The Federal Register Notice can be seen at www.epa.gov/fedrgstr/EPA-PEST/2002/September/Day-25/p24231.htm.

Diazinon is an organophosphate insecticide, acaricide, and nematicide used on a variety of pests. It was first registered in 1956 for control of soil insects and pests of fruit, vegetables, and forage and field crops. Based on usage information for 1987 through 1997, the total annual domestic usage of diazinon was over 13 million pounds active ingredient. Most of this was allocated to outdoor residential uses by homeowners (39%), lawn care operators (19%), pest control operators (11%), and agricultural (31%).

Overall Risk Summary
EPA's human health risk assessment for diazinon indicates some risk concerns. Food risk, both acute and chronic, is below the Agency's level of concern. Similarly, drinking water risk estimates for acute and chronic exposures are not of concern for all populations. In 1999, the Agency expressed concerns for residential applicators and for children exposed to diazinon residues inside and outside the home. These residential risks are being mitigated by a phase out of all residential uses by December 2004. However, there are risk concerns for workers who mix, load, and apply diazinon to agricultural sites. Also, EPA has identified acute and chronic risk to birds and risk to aquatic species that are of concern. The Agency also evaluated benefits associated with these uses of diazinon that pose occupational and ecological risks of concern for the Agency.

Results of the risk assessments and mitigation measures, including label amendments, are presented in this interim RED (see the executive summary).

Diazinon has been one of the most widely used insecticides in the U.S. for household lawn and garden pest control. To reduce risks to children and others, a December 2000 agreement is phasing out and canceling all residential uses - all indoor use product registrations must be canceled and retail sales must end by December 31, 2002. In addition, all outdoor residential use product registrations must be canceled and retail sales must end by December 31, 2004.

It is time to begin preparing county annual reports. Most of the information should already be at hand. Time is needed to condense this information and transfer it to the proper forms. This information is a valuable asset to any weed control program. The completed forms give a broad overview of the program for the past year. Compiling this information helps build and prepare the program for the future. It is important to address honestly and realistically a program's deficiencies and shortcomings to strive to improve them. Simply sitting back and saying, "this is the worst year I have ever seen," accomplishes nothing. There is always a reason for problems and usually solutions as well.

The five annual reports are control plan, board roster, activity report, infestation report, and budget. These reports are due on or before January 31, 2003. Take time to compare this year's reports with reports from previous years. Share this information with the control authority board and others involved in your weed control program. These folks may have ideas to help improve your program.

More and more responsibility is being placed on pesticide applicators to ensure that the health of the public and environment isn't jeopardized from the use of pesticides. In addition to the mixing, loading and application requirements found on labels, the characteristics of the application site often determine whether a particular pesticide may be applied. Applicators, especially those for hire, may not be familiar enough with these characteristics to make an informed decision about a particular pesticide application. Because this doesn't exempt one from following the label directions, it is up to the applicator to find the information needed. Fortunately, much of this information is readily available in published and digital form. Much of the digital information described below, is designed to be used with a Geographic Information System (GIS), however, it can be viewed without one and most requires only Internet access, a word processor and a printer to make a hard copy for use in the field. The following is a listing of some of these resources followed by a brief description on how they can be used. Most of the label requirements used here as examples pertain to agricultural products, however, it is not unreasonable to expect similar language in the future for products used in more urban settings.

Pesticides and Groundwater: An Applicator's Map and Guide to Prevent Groundwater Contamination
Intended as decision aides for farmers and commercial applicators, these guides show the relative risk of groundwater contamination, based on soil type and depth to groundwater. Because the information is general in nature, it can't substitute for the site-specific information needed to comply with most labels. It can, however, be used to select those active ingredients and products which are less likely to leach. This is done by comparing your site vulnerability with the product's use rate and risk of contamination, and then making adjustments in the product you use to reduce the potential for contamination. Printed copies of these guides are available from NDA or your local county extension educator (www.ianr.unl.edu/counties. html). All of the guides may be viewed at the University of Nebraska Conservation and Survey Division web site at csd.unl.edu/csd/pestguides/pest.htm.

Another Nebraska resource having pesticide characteristics information is the University of Nebraska Cooperative Extension's Guide for Weed Management. The table on pages 16 and 17 of the 2002 edition (www.ianr.unl.edu/pubs/fieldcrops/ec130.htm) contains a listing of most herbicides, and gives their exposure hazard, relative use rates, and relative leaching and runoff potentials. This guide is also made available to participants at crop protection clinics.

County Soil Surveys
Published by the USDA Natural Resources Conservation Service (NRCS), these books contain detailed descriptions of the soil resource in map, tabular, and narrative form. Many labels have rate restrictions that are dependant upon soil texture. In addition, many now contain use restrictions that are dependant on a combination of soil texture, percent organic matter, and depth to groundwater. Much of this information can be gleaned here. Contact your local NRCS office (www.ne.nrcs.usda.gov/directories/index.asp) to obtain a copy of the soil survey covering your area.

USGS Groundwater Level Database
Offered through the Department of Natural Resources web site nrcnt2.dnr.state.ne.us/cgi-win/gwlevels.exe, this can be searched by several geographic fields or viewed through the use of an interactive map which lets you zoom to a specific area and retrieve water level data collected from specific wells. Not only are the data listed in a table, but they are shown graphically so you can get a feel for the variation in water levels through time. When using the interactive map, wells are displayed visually by how many observations are recorded. One would want to select wells in a similar landscape near the application site having several recent observations before making decisions using these data.

The Department of Natural Resources' Interactive Map
For finding registered well locations, topographic maps, and ariel photography. This should be a useful tool for commercial applicators dealing with many customers over a large geographical area. A few pesticide labels have no spray or setback language for wellheads. The rationale behind this is to prevent the potential for accidents involving spray equipment, which could create a direct conduit for contamination of groundwater. In addition, there is the potential for chemicals to move through the soil profile and into the well system. NDA has cited several applicators in the past for violating these label restrictions. A common remark is "I didn't know the well was there." With this tool dnrserver26.dnr.state.ne.us/website/coqdem/viewer.htm, which is best viewed with Internet Explorer), many layers of natural resource and other geographic information can be viewed, depending on the size of the area visible on the screen. To find an application site, use the magnifying glass to zoom into a county-sized area. To help you get your bearings, make visible the "cities" layer and refresh the map from the right-hand legend (this "refresh" step must be done each time new layers are added). Once you are zoomed to an area the size of a township, you can make the legal descriptions, or "sections," layer visible. Once you've zoomed to an area the size of three to four sections, you can make the aerial photo, or "1993 COQQ Maps," visible. From there, you can continue zooming into your application site and make any other layer visible, such as the registered wells. A print out will give you a hard copy for your files. Another advantage of this tool is in being able to see the boundaries and names of the USGS topographic quadrangles (see below).

Please be aware that the map viewer and the photo images use a lot of memory, and your computer may be slow in loading this information. The type of communication line and Internet service you have will also affect how quickly this can be viewed. You will need to read the "Instructions and Hints" dialogue to familiarize yourself with all of the tools that can be used with this interactive map.

Keep in mind that only registered wells are in this database. It is still advisable to visit with the landowner about the possibility of other wells in the area, especially those that may not be abandoned properly. The landowner should be encouraged to contact their local Natural Resources District for instructions on how to take care of these types of wells. In addition, remember that the registered well locations in this database have varying degrees of accuracy. Always ground truth this information before basing your application decisions on these maps.

USGS Topographic Quadrangles
Some labels also have restrictions for use near surface waters (streams, rivers, and impoundments). Unless a pond has been built or a stream channel has been altered since the publication date of these maps, these surface water features will be shown on the topographic map. Once you've located the quadrangle name from the DNR Interactive Map by activating the "Quad (DEM)" layer, you can download it from the University of Nebraska Conservation and Survey Division web site at csd.unl.edu/csd-esic/index.html. Simply find the quadrangle name in one of the three types of maps (1:250,000 Scale,1:100,000 Scale, or 1:24:000 Scale); they can then be saved and manipulated in a word processor or graphics software for your files.

Please familiarize yourself with the environmental language found on the labels of pesticides you use, as well as the information available to you for making the right decisions concerning pesticide applications. If you have questions concerning labels, the information presented above, or how to use these tools, contact NDA at (402) 471-6883.

The U.S. EPA released its Clean Sweep Report in the summer of 2002, which details the programs administered in each state. While there are variations in how states administer these programs such as the number of collection sites held, how much money is available, who is eligible to participate, and how results are reported, we should be proud of the effects of Nebraska's program. This is especially true when comparing the number of years collections have been held, the dollars spent, and an estimate of the amount of pesticides used in each state. Based on data provided through the 2000 collection year, Nebraska ranks ninth in overall pesticide usage and ranks fourth in total pounds of waste pesticides collected through the program. The graph at left shows those states which have collected over 1 million pounds through the year 2000. By including the 2001 and 2002 collection years, we have collected over 1.7 million pounds. Graphics and information from this report, a link to the report itself, as well as additional information on Nebraska's program can be seen at Nebraska's waste pesticide collection page www.agr.state.ne.us/division/bpi/pes/wa ste.htm.

Clean is best! Remember to . . .

Train your permanent, seasonal, and temporary employees to keep their facility clean: Remind them that, over time, it doesn't take much spilled fertilizer or pesticide to cause environmental problems. Small, unabated spills and careless handling of agricultural chemicals can cause major environmental contamination.

Keep the load pad clean: Most bulk pesticide load pads are roofed, however, soil sampling results have shown spilled pesticides from inside the building are tracked into the environment.

Watch those sweepings: Sweepings may contain agricultural chemicals and need to be disposed of properly. Sweepings should be stored in containers with lids and (later) applied like regular product. Sweepings should go out with the next load of impregnated fertilizer or land spread on a labeled site - not on your facility grounds!

Make life easy: Brooms, shovels, absorbents, covered, and marked pails for storage of sweepings should be located near load in/out and agricultural chemical handling areas. Facilities must have a routine established for using collected sweepings. Signs spelling out these procedures should be posted, and employees continually reminded to keep their facility clean.

Control agricultural chemical dust: Dust can escape during loading operations and contaminate unprotected and vulnerable areas around your business. Control methods include installation of a telescoping down spout, enclosing all impregnation operations with a loading area, and closing doors during loading. Historically, grain elevators take the dust issue very seriously and shroud or completely cover augers/conveyer belts from the end of the chute to the truck. Many have vacuum systems to collect the extra dust. If building a new facility consider complete enclosure of all conveyor systems so ag chemical dust will be minimized and contained.

Seal cracks: Fertilizer and pesticide liquid and dry dusts settle and collect in load pad cracks and joints. Seal joints regularly and pay special attention to the joints where tower footings meet the pad.

Make building improvements: Roofed pesticide and fertilizer load areas and containment dike(s) prevent contamination problems from being compounded by precipitation and wind. With a roofed, enclosed system, the weather is not an issue when loading trucks or otherwise handling product. If roofing is not an option, install gutters and downspouts to divert precipitation from agricultural chemical handling areas.

Manage precipitation and rinsate which collects inside dikes or sumps: Disposing of contaminated precipitation over the dike wall or dumping rinsate is illegal and can be costly to clean up. Collect and manage precipitation/rinsate by pumping water into a holding tank. If the precipitation/rinsate is contaminated with fertilizer, use the collected water for your next fertilizer application. If pesticides are involved, pump precipitation/rinsate to dedicated holding tanks for corn, soybean, sugar beet, or other specific crops, and use the precipitation according to labeled rates in the next tank mix.

Use drip pans and holsters for hoses: Hoses and valves from bulk tanks may drip. Hoses should be stored in an upright position or with hose ends placed in a drip pan/holster. Use drip pans in your agricultural chemical transfer areas to prevent leaks from becoming problems. Drip pans can be situated under the plumbing of bulk tanks to catch any small leaks until leaks can be promptly repaired.

Respond immediately to all spills: Don't let spilled fertilizer or pesticide from load-in/out areas remain on the load pad to be washed off during a rain event. Don't allow spilled material to be tracked elsewhere by equipment. Ag chemicals won't have a chance to get into the environment if cleaned up promptly. Train employees and haulers to routinely clean up spills immediately. Post signs to guide employees on agricultural clean-up procedures and stress the importance of keeping their facility spill free.

Report spills to the Nebraska Department of Environmental Quality at (877) 253-2603 during workweek hours, or (402) 471-4545 during weekends or after hours.

Reprinted from the Minnesota Department of Agriculture's MDA Update.

10. I'm sorry, sir. You need more than 20% correct to pass.

9. Q: Did you study any of the material? A: My boss just told me to come take the test. I didn't know there was study material.

8. I've applied chemicals for over 20 years; I shouldn't need a license.

7. If you made the tests "open book," I would learn more and they would be easier to pass.

6. I only have one year to pass the second test?

5. I should have read the label before I answered the label questions.

4. Please turn off your cell phone.

3. I knew that I just didn't read the question right.

2. I'd better put some more quarters in the meter, it looks like I'm going to be here longer than I expected.

And . . . the number one thing overheard in the Lincoln office on testing day . . .

1. "WHEW!"

It's possible that you could receive an updated license with an additional category or subcategory WITHOUT even taking an exam! To add the extra category or subcategory all you need to do is complete a recertification training session and request the new category/subcategory on your application form.

It's also possible that to continue work controlling all of the pests you have in the past, you will need to ADD a new category or subcategory to your license by taking an exam. ⁽¹⁾   Completion of the exam will ensure that you have the knowledge needed to work with unique pests, pesticides, and application techniques.

Check your existing license. If you are licensed in a category listed on the left below, read what you must do to add one of the new NDA pesticide applicator categories or subcategories to your license.

If you already possess this category	And you would like to possess this new category/subcategory	You must do the following
01-Ag Plant Pest Control	14-Wildlife Damage Control	take Category 14 exam
01-Ag Plant Pest Control	01a-Soil Fumigation	take subcategory 01a exam
02-Ag Animal Pest Control	14-Wildlife Damage Control	take Category 14 exam
03-Forest Pest Control	14-Wildlife Damage Control	take Category 14 exam
04-Ornamental & Turf	14-Wildlife Damage Control	take Category 14 exam
05-Aquatic Pest Control	5S-Sewer Root Control	take subcategory 5S exam
05-Aquatic Pest Control	14-Wildlife Damage Control	take Category 14 exam
07-Right-of-Way Control	14-Wildlife Damage Control	take Category 14 exam
08-Structural/Health Pests	14-Wildlife Damage Control	recertify in 08 and select 14 on application form without testing
08-Structural/Health Pests	8W-Wood Destroying Organisms	recertify in 08 and select 8W on application form without testing
09-Public Health Pests	14-Wildlife Damage Control	recertify in 09 and select 14 on application form without testing
13-Demonstration/Research and Regulatory Pest Control	D/R subcategory	recertify in a major category and select D/R
13-Demonstration/Research and Regulatory Pest Control	REG subcategory	recertify in a major category(2) and select REG

¹ Details on these exams will be available at all recertification meetings in 2003
² Categories 01, 02, 03, 04, 05,07, 09,11, 12, or 14

Mitch Coffin - Manager

Rose Graves - Pesticide and Noxious Weed Program Secretary

Ron Bouska - (north central)   (402) 925-2157

David Boschult - (northeast)   (402) 887-4789

Chan Komarek - (south central)   (308) 384-2933

Cris Burks - (west)   (308) 487-5520

Tom Neill - (southwest)   (308) 856-4293

Tim Creger - Manager

Buzz Vance - Certification/WPS Training

Craig Romary - Groundwater/Buffer Strip/Endangered Species

Kim Morgan - Product Registration/Dealer Licenses

Dick Wiechman - Case Review Officer

Inspectors:
Donald Kemper - (east central region)   (402) 471-2394

Rich Franchini - (north central region)   (402) 529-6808

Clayton Haman - (southeast region)   (402) 471-2394

Dan Keener - (panhandle region)   (308) 635-0503

Eric Fuentes-Ruiz - (southwest region)   (308) 995-2158

This newsletter is available in other formats for persons with disabilities upon request. For an alternate format or for additional information on topics in this publication, please call the Nebraska Department of Agriculture at (402) 471-2394.

TDD users can contact the Department by first calling the Nebraska Relay System. Telephone (800) 833-7352 and asking the operator to call (402) 471-2394.

Merlyn Carlson, Director
Dick Wiechman and Craig Romary, Editors