Delaware Department of Agriculture

Pesticide Advisory Committee

Meeting Minutes for June 7, 2012

Attendees

·  Nancy Gregory – University of Delaware

·  Brian Kunkel – University of Delaware

·  Jerry Llewellyn – Division of Public Health (DPH)

·  Kenda Galipo – Delaware Department of Agriculture (DDA)

·  Bill Meredith – DNREC

·  David Pyne – DDA

·  Thom May – DPH

·  Allen Chorman – Chormans Spraying

·  Chris Wade – DDA

·  Paul Kaercher – DE Pest Control Assoc.

·  Josh Kasper – DNREC

·  John Butler – EPA

·  Bud O’Neill – PPC Ag Services

·  Steve McCarron – Kenny Brothers Produce

·  Steve Carter – DDA

·  Chris Wade - DDA

Introduction of Members – (Appointments/Reappointments)

·  Members introduced themselves and their affiliations.

·  Call to Order and Acceptance of December 2011 Minutes

·  Dave Pyne welcomed all the members and started the meeting.

NPDES Permit Activities

·  Bill Meredith gave an update on NPDES from the national and State prospective. Legislation introduced to remove the requirement of NPDES permits for aquatic pesticide application passed the House of Representative (H.R. 872) last winter and is stalled in the Senate. Twelve Senators including Delaware’s Senators have signed a letter sent to majority Leader Harry Reid. The letter urges Senator Reid to introduce the bill to the full Senate for a vote. There is some concern that Senators opposed to the bill may filibuster the bill. There is some activity in the US Senate to attach the bill to the 2013 Farm Bill. The Meredith did note that the State Pesticide General permitting is not consistent nationally, even within the EPA regional offices. Meredith gave a quick update on DNREC Water Sections. DNREC is operating under an emergency regulation to cover aquatic pesticide application made this summer. A final regulation will be published for comment, and tentatively finalized this fall. Meredith was having issued and needed clarification on which NPDES permit mosquito Control needed to operate under when working near and on federal lands.

EPA’s Plans for School IPM –

·  John Butler from EPA Region 3 joined the meeting to discuss EPA’s initiative to assist schools develop integrated pest management plans. This initiative supports EPA’s goal and commitment to protect children’s health. EPA is targeting K-12 public schools. EPA Region III has hired two employees to help implement the program. The funding for the program is coming out of the Ag Resource Fund. Program would assist school with the development of a verifiable IPM program. The program is voluntary and all children will be covered. The visits will start this June and July. Red Clay School District is going to be the 1st school district EPA visits in Delaware. State lead Agencies will be asked to help with developing contact with the School District. Butler felt the best contact would be facility directors for the school districts. The program is planned for 2013 and 2014. There will be one coordinator in each region. EPA will contact state agencies before they come into the schools.

Pesticide Section Activities:

·  David Pyne gave an update on recent activities within the DDA Pesticide Section and EPA issues which were covered with handouts.

·  Proposed Legislative changes to the State Pesticide Law: Pyne handed out a summary of a requested amendment to the Delaware Pesticide Law (House Bill 321). The amendment would change the pesticide product registration fee from $70.00 to $140.00 per product for a two year registration. These increases and revenue would offset possible cuts to the DDA’s cooperative agreement with EPA. There was discussion on how the increased revenue would be used and if the funds could go in the general funds instead of staying with the Pesticide Holding Funds. Other regulations changes were discussed including a possible additional requirement for the completion of a recertification application for private applicators. Pyne asked the group to look over the Rules and Regs and get back to him with any changes.

·  DDA is proposing to start a Pesticide Disposal Program. A request for a $50,000 budget enhancement has been proposed to fund the program. The program would start in FY2013 and would fund the disposal of approximately 25,000 pounds of waste pesticide. The program will be offered to farmers, commercial establishments, and golf courses. Steve Carter discussed training and re-certification course approval. Course approval requests are slowing down. All approved re-certification courses are posted on the Pesticide webpage. Carter is trying to audit more in house training courses. Some training aids are available on the web page including the Core manual and study questions. Carter’s next project will be the re-writing of the certification tests, starting with the core test. Certification testing may be given at the Harrington Fairgrounds Ag Building during the high demand months.

·  Pesticide Container recycling program has started for this year. DDA shipped out 36,000 lbs of recycling plastic to US Ag Recycling late February 2012. Later this month another pick up is planned for remaining baled plastic and cut up mini bulk tanks.

·  FY2013 Pesticide Performance Partnership Grant was applied for May 1, 2012. The request included one-time $26,000 which has been designated for use in the Pesticide Disposal program.

·  DDA has purchased a new Agilent Gas Chromatograph for the formulation lab. The funds for the purchased were provided by the FY 2012 PPG. Delivery was made last Wednesday and installation will be completed this week.

·  DDA is in the middle to Pesticide Product Registration renewals time.

·  DDA approved the use of Chateau Herbicide for use in row middles of transplanted fruiting vegetables and melon. Chateau Herbicide use will assist with control of Palmer Amaranth. DDA also approved a state label for Arkion Avipel Corn Hopper Box seed treatment to discourage consumption by black birds.

·  DDA is reapplying for the specific exemption for the use of dinotefuran (Scorpion & Venom Insecticide) on stone and pome fruits to control brown mamorated stink bugs. This will be the second year for this request and is being done on a regional basis. Virginia is taking the lead on the request. DDA is requesting the use of bifenthrin on stone and pome fruit to control brown mamorated stink bugs. This request is also a regional request and Maryland has taken the lead on preparing the request package.

·  DDA has received approval for the use of Mertect 60 WP Fungicide (thiabendazole) on mushroom spawns to control green mold. This is the first year for the request.

Enforcement Cases Updates

·  FY12 – 24 unlicensed businesses stopped and warned.

·  17 Agricultural Complaints 5 aerial 7 ground 5 misc.

·  38 Non-Ag complaints 5 pest control 9 lawn care, the rest are either unlicensed or odd cases.

·  4 cases coming up for Administrative hearing/fines involved

Issues from the Industry – none

Next meeting is: Thursday, December 13, 2012 at 10 AM

Submitted by: Kenda Galipo

Date 6/8/12