Current through Vol. 41, No. 13, March 15, 2024
(a) ODAFF regulates
spills and misuse of pesticides associated with facilities and activities of
licensed pesticide applicators, homeowners and farm applications. This includes
improper storage and disposal of pesticides and pesticide containers.
(b) Compliance with antidegradation
requirements and protection of beneficial uses.
(1) All pesticide programs and regulatory
activities require no degradation of surface or groundwater by pesticide use.
Pesticide labels contain warnings that the pesticide could contaminate surface
and groundwater if misused or improperly disposed. ODAFF regulates spills and
misuse of pesticides associated with facilities and activities of licensed
pesticide applicators, homeowners and farm applications. This includes improper
storage and disposal of pesticides and pesticide containers.
(2) Beneficial uses that could be impaired by
improper handling and application of pesticides include Fish and Wildlife
Propagation, Private and Public Water Supply, Recreation, and Agriculture. The
potential for pesticides to enter ground water and surface water exist and is
supported by the fact that several water bodies are classified as impaired by
pesticides on the current 303(d) list. Pesticide residue in fish could render
them unfit for human consumption. Antidegradation is automatically implemented
because the presence of pesticide in any water is a violation of the standards
no matter how the water body is classified.
(3) Recent spills and newly located polluted
sites are remediated by the responsible party, or by the use of EPA superfund
monies to the extent necessary to meet ODAFF goals. Pesticide remediation
brings any impaired surface or groundwater back to the quality prior to the
pesticide spill, including restoration of all beneficial uses pursuant to the
WQS. Procedures for groundwater protection are covered in the ODAFF Generic
Pesticide Management Plan in Groundwater.
(4) The certification of persons to become
pesticide applicators involves training and testing of the individual in the
safe use and handling of pesticides. Training includes information on how to
read a pesticide label, pesticide storage, pesticide container disposal and
proper procedures to follow in the event of a pesticide spill. The protection
of surface water and groundwater is an integral part of the certification
process.
(c) Application
of USAP - The procedures for pesticide monitoring are outlined in the Quality
Assurance Project Plan, the pesticide operating procedures and the Generic
Pesticide Management Plan in Groundwater. USAP will be utilized in assessing
beneficial uses of all monitored surface waters. USAP does not apply to
groundwater at this time.
(d)
Description of programs affecting water quality.
(1) The Consumer Protection Services Division
of ODAFF is responsible for the licensing and certifying of pesticide
applicators. ODAFF registers all pesticides distributed in the state and has
authority to restrict the use of pesticides to prevent unreasonable risk to the
quality of Oklahoma's water.
(2)
Under the Generic Pesticide Management Plan, ODAFF will develop and implement
point and non-point source prevention measures, participate in relaying use
information, carry out monitoring, develop and implement response to detection,
keep records of action taken and provide progress reports to EPA.
(3) ODAFF will also develop and maintain a
statewide agriculture chemical database and a pesticide concerns list in regard
to water quality standards.
(4)
ODAFF licenses all commercial applicators of pesticides and requires the
certification of private applicators before they can use restricted pesticides.
When spills or other environmental problems, resulting from current or historic
practices, are found, ODAFF's goal is to prevent impairment of the surface
water and groundwaters of the state. This includes preventing significant risk
to humans, livestock, or ecological receptors from inhalation of fumes, direct
contact, or ingestion.
(5) The
Consumer Protection Services Division assists AEMS Division with disseminating
information related to AgPDES permit requirements for pesticides applicators
and with reviewing permit applications or notices of intent submitted by permit
applicators.
(6) Pesticide labels
contain warnings that the pesticide could contaminate surface and groundwater
if misused or improperly disposed. All ODAFF activities related to pesticides
are geared toward maintaining WQS. Specific programs include the following:
(A) Certification of individuals and the
licensing of companies to apply pesticides;
(B) Investigation of pesticide spills and
misuse;
(C) Inspection of pesticide
producer establishments;
(D)
Inspection of pesticide applicator facilities for proper pesticide
storage;
(E) Audit records of
restricted use pesticide dealers;
(F) Conduct private applicator record keeping
inspections;
(G) Monitor pesticide
application at new construction sites;
(H) Requiring backflow prevention devices on
chemigation wells, as well as requiring every applicator of pesticides to
employ an appropriate method to prevent the backflow of spray materials during
filling, mixing, or application operations. The method shall include, but not
be limited to, the employment of a check valve or similar in-line device, or
positive mechanical method, such as an air gap, designed to insure that
backflow shall not occur;
(I)
Monitoring the irrigation tailwater return flow on several large container
nurseries on the Illinois River in Cherokee County; and
(J) Groundwater monitoring.
(e) Technical
information and procedures for implementation - The pesticide program utilizes
a number of databases, software programs and models for implementation. These
include: Microsoft Access database and Microsoft Excel spreadsheet software for
water quality data information; ArcInfo and ArcView GIS software data analysis
and mapping; and pesticide leaching models from EPA to map and analyze data.
EPA standards are used to calibrate laboratory equipment when analyzing for
specific pesticides. Many cases will require samples to be taken. The Pesticide
Inspectors Manual covers the procedures for taking, sealing and shipping
pesticide samples to the lab. Sampling results become a part of the complaint
file. Notice of violations, stop work orders, informal or formal hearings,
cleanup orders, fines and referral to US EPA for federal prosecution are some
of the enforcement actions available to the ODAFF in the event a water quality
or other violation is found. The Oklahoma Combined Pesticide Law and Rules set
the standards used in the storage, use and disposal of pesticides, pesticide
containers, and pesticide waste.
(f) Integration of WQSIP into water quality
management activities - Future changes in WQS may require additional rules and
policies. Amendments will be made as necessitated by those changes.
(g) Compliance with mandated statewide water
quality requirements - Compliance with statewide water quality requirements is
the primary goal of the pesticide certification program, pesticide facility
inspections, pesticide spill and misuse investigations and pesticide monitoring
programs.
(h) Public and
interagency participation.
(1) ODAFF has been
charged with the regulatory responsibilities of agricultural activities that
could impact the WQS of the waters of Oklahoma. The "Agricultural Resources
Protection and Management Operation" document outlines standard operating
procedures to fulfill this charge for the present and provides guidance for
future needs. This document contains no new or modified authorities not subject
to legislative approval. Should subsequent events call for law, rule or
regulation changes or additions, these shall be subject to approvals in
accordance with the APA or the legislative process.
(2) Public participation requirements of the
APA were followed in promulgating rules that integrate water quality standards
into this program area. Section III of this document contains a summary of
comments received and responses relating to the promulgation of ODAFF's
WQSIP.
(i) Evaluation of
effectiveness of agency activities - The effectiveness of the pesticide
programs will be evaluated through the routine monitoring of surface water and
groundwater. Special monitoring may be initiated if potential sources of
contamination are identified. USAP will assist in dictating surface water
monitoring.
Added at 18 Ok Reg 3409,
eff 6-28-01 (emergency); Added at 19 Ok Reg 951, eff 5-13-02; Amended at 22 Ok
Reg 2332, eff 7-11-05; Amended at 25 Ok Reg 1820, eff
7-1-08
