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California regulatory information

CA
Registered
CA
Groundwater Contaminants
PAN
Groundwater Contaminants
Proposition
65
CA
Toxic Air Contaminants
CA
County Agricultural Commissioners
California
Registered
The chemicals listed as
California registered are those that can currently be legally used
in California. Some pesticides are registered for use in the U.S.,
but are not registered for use in California.
In California, the Department
of Pesticide Regulation is responsible for regulating pesticide
registrations and use. California regulations governing pesticides
are frequently stricter than federal regulations.
About the Data: Accuracy,
currency, comprehensiveness and source
U.S. EPA lists approximately
1290 registered active ingredients (AIs). California lists approximately
900 registered active ingredients (AIs). The Registered AI data
are updated nightly; for the most current list, go to the link below.
These data were last downloaded from DPR on July 31, 2009.
Reference:
Actively
Registered AI's by Common Name, California Department of Pesticide Regulation.
Viewed on July 30, 2009.
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CA
Groundwater Contaminant
A number of pesticides,
primarily herbicides and soil fumigants, have been found repeatedly
in California groundwater. These compounds are labeled as Known
groundwater contaminants. Most of these chemicals are on a list
maintained by the California Department of Pesticide Regulation
(DPR); however, pesticides that were banned from use in California
before they were evaluated for groundwater contaminating potential
are not included in DPR's lists. PAN staff has added these chemicals
from California groundwater monitoring reports (1).
Another group of
pesticides, labeled as Potential groundwater contaminants
by DPR, have the potential to move into groundwater based on their
water
solubility, ability to bind to soils (Koc),
and half-life.
Not all pesticides have been evaluated for leaching potential. DPR
evaluates only agricultural use pesticides that are spread
on the soil or are applied through injection or chemigation, and
generally only evaluates pesticides registered for use in
California.
California law
(3) requires DPR to annually report to the Legislature, the Office
of Environmental Health Hazard Assessment, and the State Water Resources
Control Board information regarding the status of the ground water
protection data gaps of pesticidal active ingredients registered
for agricultural use, the pesticide active ingredients with data
exceeding Specific Numerical Values (SNVs), and sales and use information.
Specific Numeric
Values (SNVs) for parameters that define leaching potential have
been submitted to DPR by manufacturers and DPR evaluates and approves
these submissions (2). Active ingredients with properties that exceed
the SNVs established by DPR are considered to have the potential
to contaminate ground water. Pesticide active ingredients are placed
on the list of potential leachers under the following conditions:
One of the following must be true
- Water
solubility: > 3 ppm (mg/L), or
- Soil adsorption
coefficient (Koc): < 1,900 cm3/g
and one of the following must be true
- Hydrolysis
half-life: > 14 days, or
- Aerobic
soil metabolism half-life: > 610 days, or
- Anaerobic
soil metabolism half-life: > 9 days
According to
the California Pesticide Contamination Prevention Act, the California
Department of Pesticide Regulation (DPR) is responsible for listing
pesticides that are known or potential groundwater contaminant pesticides
in Section 6800(a) and (b) of the California Code of Regulations
and taking action to prevent groundwater contamination (3, 4, 5).
In 2004,
new regulations were finalized by DPR to designate Groundwater
Protection Areas in the state in which use of both known and potential
groundwater contaminants is prohibited, unless certain restrictions
are observed (5, 6). The most recent list of pesticides that exceed SNVs are listed in reference 10. Publications
related to the groundwater protection program at California Department
of Pesticide Regulation can be found on the Environmental
Monitoring publications web page and on DPR's Groundwater
Protection Program home page.
About the
Data: Accuracy,
currency, comprehensiveness and source.
The data in
the PAN Pesticide Database were last updated July 31, 2009 from
the 2008 Groundwater Status Report (10). New groundwater
regulations were finalized in 2009 by DPR. In the meantime, the most current listing of
groundwater contaminants can be found in the 2008 Status Report
(reference 10) combined with a look at sections 6800(a) and (b)
of the California Code of Regulations (reference 5). The two lists
may not match exactly because of changes in registration status of
pesticides between the time one list was published and the other
was published.
References:
- See B. Heavner, Toxics
on Tap: Pesticides in California Drinking Water Sources
and references therein , California Public Interest
Research Group Charitable Trust and Californians for Pesticide
Reform. Viewed
on July 30, 2009.
- B. Johnson,
Setting Revised Specific Numeric Values, California Department
of Pesticide Regulation, April 1991.
Viewed
on July 30, 2009.
- Pesticide
Contamination Prevention Act,
California Codes, Food and Agricultural Code, Division
7, Chapter 2, § 13144, 13145, 13149. Viewed
on July 30, 2009.
- California
Department of Pesticide Regulation In-house Legislative information.
Groundwater-specific regs here.
Viewed
on July 30, 2009.
- Pesticide
Contamination Prevention Groundwater Protection List,
California
Code of Regulations, Title 3, Division 6, Chapter 4, Subchapter
1, Article 1, § 6800. Viewed
on July 31, 2009.
- 2000 Rulemaking Calendar, California
Department of Pesticide Regulation, February 2000. Viewed on October 31, 2002.
- W. Kollman, 1999 Status Report Pesticide Contamination Prevention
Act, California
Department of Pesticide Regulation, December 1999.
Viewed on Viewed
on July 30, 2009.
- Guo, F., D.Bartkowiak, D. Weaver, J. Troiano, M. Pepple, F.
Spurlock, and C. Nordmark. 2000 Update of the Well Inventory
Database, California
Department of Pesticide Regulation.
Viewed
on July 30, 2009.
- Kollman, W. and F. Guo, 2000 Status Report Pesticide Contamination
Prevention Act, California
Department of Pesticide Regulation.
Viewed
on July 30, 2009.
- Bergin, R., 2008 Status Report Pesticide Contamination
Prevention Act, California
Department of Pesticide Regulation.
Viewed on July 31, 2009.
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PAN
Groundwater Contaminant Rating
The PAN groundwater contaminant rating can be either Known, Potential, or Insufficient data. If the rating is Insufficient data, we do not yet have the data to make an assessment of whether a pesticide is likely to contaminate groundwater. Potential groundwater contaminants are those that meet the California Department of Pesticide Regulation's (DPR's) criteria above. Known groundwater contaminants either meet DPR's criteria or have been found repeatedly in groundwater in California (and
elsewhere), but are not regulated as groundwater contaminants in
California. We draw this information from other
data sources that show repeated detections of the pesticide in groundwater,
although not necessarily in California (1, 2).
There are three reasons
why compounds classified as PAN Known groundwater contaminants may
not be classified by DPR as Known groundwater contaminants.
- The pesticide in question
is no longer registered for use in California. This is the case
for older pesticides such as dibromochloropropane (DBCP), 1,2-dichloropropane
(1,2-D), and ethylene dibromide (EDB), as well as for some of
the breakdown products from triazine or acetanilide herbicides.
- The pesticide in question
is not used in large amounts in California, so the pesticide has
not been detected in California groundwater; however, data from
other states or countries provides ample evidence of groundwater
contamination when substantial amounts of the pesticide are used.
- DPR uses an arbitrary
method of verifying detections of pesticides in groundwater, classifying
well
water samples according to the following scheme (quoted directly
from reference 1):
Negative:
"Well water samples were designated as negative if pesticide
residues were not detected at or above the minimum detection limit
(MDL) of the method used for analysis.
Positive: "If pesticide residues were detected at
or above the MDL, samples were classified into one of three categories:
- Unconfirmed:
Pesticide residues were detected in only one sample during
a single monitoring survey. Confirmation of the initial detection
by a second positive sample was not possible because either
only a single sample was taken from the well or analyses of
all other samples taken from the well during the survey were
negative.
- Confirmed,
unverified: Pesticide residues were detected in two discrete
samples taken from a well during a monitoring survey. A confirmed
detection is unverified unless it meets the criteria of a
verified detection.
- Verified:
Confirmed detections are verified if they meet the criteria
specified inCalifornia Food and Agricultural Code section
13149(d) of the Pesticide Contamination Prevention Act (1).
Section 13149(d) requires that the detection of a pesticide
in ground water results either from an analytical method approved
by the department that provides unequivocal identification
of a chemical, or from verification within 30 days by a second
analytical method or a second analytical laboratory approved
by DPR. The Department of Pesticide Regulation has set criteria
to determine whether the detection of a pesticide or its breakdown
product(s) in ground water meets the standards of section
13149(d)."
Since chemicals
are not classified as "Known" groundwater contaminants
unless their detections in ground water samples are "verified",
pesticides could miss being classified as a "verified"
contaminant simply because DPR decided not to re-sample a well
or decided to take only a single sample, a landowner denied
access to the well, or any number of other reasons that have
nothing to do with the actual presence of a pesticide in groundwater
samples (2).
References:
- J.E. Barbash
and E. A. Resek, Pesticides in Ground Water: Distribution,
Trends, and Governing Factors, Ann Arbor Press, Inc. (Chelsea,
Mich., 1996).
- W. Kollman, 2000 Status Report Pesticide Contamination
Prevention Act, California
Department of Pesticide Regulation, December 2000. Download.
Viewed on October 31, 2002.
- California Codes, Food and Agricultural Code, Division
7, Chapter 2, § 13144, 13145, 13149. Viewed on June 13, 2005.
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California
Proposition 65
Also known as the Safe Drinking
Water and Toxic Enforcement Act of 1986, this law requires the State
of California to maintain a list of chemicals known to cause cancer,
reproductive harm, or developmental harm and to update the list
at least annually (1). The absence of a chemical on this list does
not necessarily mean it is not toxic. It may mean that it
has not yet been evaluated by the agencies responsible.
The Safe Drinking Water
and Toxic Enforcement Act of 1986, better known as Proposition 65,
was adopted by the voters of California as a ballot initiative in
November, 1986. Proposition 65 is not a stand-alone statute, but
amends the California Health and Safety Code (2). Proposition 65
requires the Governor, through California EPA's Office of Environmental
Health Hazard Assessment (OEHHA), to develop and regularly
update a list of chemicals that are known to the State of California
to cause cancer, birth defects or other reproductive harm.
There are approximately
800 chemicals and related compounds on the list as of August 10,
2003 (3). The listed chemicals include dyes, solvents, pesticides,
drugs, food additives, and by-products of certain processes. Chemicals
are added to the list in one of three ways.
- If two independent
committees of scientists, appointed by the governor, find that
the chemical has been clearly shown to cause cancer or reproductive
harm, the chemical can be added to the list. This listing mechanism
is abbreviated SQE-- "state's qualified experts" and is described
in 22 CCR 12305 (a)(1).
- If a chemical
has been classified as a carcinogen or as a reproductive toxicant
by a designated "authoritative body", it can be added to the list.
Organizations designated as authoritative under Prop 65 include
the US Environmental Protection Agency, the US Food and Drug Administration,
and the National Institute for Occupational Safety and Health,
among others. This listing mechanism is abbreviated AB - "authoritative
bodies" and is described in 22 CCR 12306.
- Finally,
a chemical can be added to the list if any state or federal government
agency requires it to be labeled or identified as either a carcinogen
or a reproductive toxicant. This listing mechanism is abbreviated
FR -- "formally required to be labeled or identified" and is described
in 22 CCR 12902.
Prop 65 contains a prohibition
on the discharge, above specified risk levels, of listed compounds
into any waterway that could be a source of drinking water. The
prohibition provides that "no person in the course of doing business
shall knowingly discharge or release a chemical known to the state
to cause cancer or reproductive toxicity into water or onto or into
land where such chemical passes or probably will pass into any source
of drinking water" (Sec 25249.5). A "person in the course of doing
business" is defined as a business employing 10 or more people (Sec
25249.11), so the discharge prohibitions do not apply to state,
county, or city governments, or to local sanitation districts (4).
Prop 65 also requires that
businesses provide a "clear and reasonable" warning (section 25249.6)
before knowingly and intentionally exposing anyone to a listed chemical
at levels above a specified risk level. Such a warning can be given
in a variety of forms, such as the labeling of a consumer product,
posting of signs at the workplace, or publication of notices in
a newspaper. Any company with ten or more employees that operates
within the State or sells products in California must comply with
this requirement of Proposition 65.
About the Data: Accuracy,
currency, comprehensiveness and source
The Proposition 65 list
is maintained by California EPA's Office of Environmental Health
Hazard Assessment. This list is required by law to be updated annually,
although in practice it is updated several times a year. OEHHA's
last update was May 27, 2005. PAN last checked the currency of data
on June 13, 2005.
References:
- Proposition
65, CA Office of Environmental Health Hazard Assessment
(OEHHA). Viewed on July 30, 2009.
- California Health and Safety Code, Section 25180, 25180.7, 25189.5, 25192, 25249.5-25249.13;
see also Title 22, California Code of Regulations, Section 12000, et seq. Viewed
on July 30, 2009.
- Proposition 65 in Plain Language, CA Office of Environmental Health Hazard Assessment
(OEHHA). Viewed on July 30, 2009.
- W. R. Attwater and J.
Markle, "Overview of California Water Rights and Water
Quality Law," California Environmental Laws 1996, West Publishing Co. (St. Paul, MN, 1996),
page XLIV.
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CA
Toxic Air Contaminant (TAC)
California's
Toxic Air Contaminant Act, passed in 1984 (1, 2), created the statutory
framework for the evaluation and control of chemicals as toxic air
contaminants (TACs). TACs are defined in the statute as air pollutants
that "may cause or contribute to an increase in mortality or an
increase in serious illness, or which may pose a present or potential
hazard to human health" (1).
The law focuses
on the evaluation and control of pesticides in ambient community
air. In general, the goal of the program is to estimate the amount
of pesticides present in the air (based on the results of monitoring
studies) and then estimate the likelihood that these levels could
impact human health (based on health effects data and other related
data). This is referred to as the "Risk Assessment Phase." Based
on these results, DPR must then determine if reductions in exposure,
and concomitant changes in the way the pesticide is used, are needed
in order to protect human health.
If reductions
are deemed necessary, DPR must coordinate with the agricultural
commissioners, air pollution control districts, and air quality
management districts to develop control measures that will reduce
emissions to levels that adequately protect public health. This
is referred to as the "Risk Management Phase." Measures to reduce
emissions which may include requiring additional training for applicators,
restricting where or how the pesticide can be used, or even cancelling
(banning) the use of the product.
The California
Department of Pesticide Regulation (DPR) is responsible for the
evaluation of pesticides as TACs and the California Air Resources
Board (ARB) is responsible for regulating other air toxics (3).
ARB also conducts air monitoring for DPR.
A list of candidate
TACs was compiled by DPR in 1996 (4). As of mid 2009, seven pesticides have been designated as TACs by DPR through the TAC process. Several others are
under evaluation, and monitoring studies have been completed by
ARB for approximately 50 pesticides. A number of other pesticides
were administratively listed as California TACs because they are also listed by the
U.S. EPA as Hazardous Air
Pollutants. A critical evaluation of DPR's progress in implementing
the law can be found in reference 8.
About the Data: Accuracy,
currency, comprehensiveness and source
The Toxic Air Contaminant
list in the PAN database is derived from DPR's Candidate List document
published in 1996 (4), the list in the California Code of Regulations
(5), and ARB's list published in 1996 (7), updated with a list obtained
from the ARB (7). Some
chemicals are listed as groups. For these chemicals, PAN applied
the chemical group categories to individual compounds in the data
set. For example, the list includes a group called "2,4-D salts
and esters", so all 2,4-D salts and esters in the database
were labeled as TACs.
The data are current as of January 19, 2005.
References:
- California
Code of Regulations, Division 7, Chapter 3, Article 1.5,
Section 14021. Viewed on July 29, 2009.
- What
is DPR's Toxic Air Contaminant Program?, CA DPR. Viewed on July 29, 2009.
- California
Air Toxics Program Background, CA ARB. Viewed on July 29, 2009.
- Pesticides
for evaluation as Candidate Toxic Air Contaminants, October
1996, CA DPR (Available from DPR by request only; no longer posted
on web site).
- California
Code of Regulations, Division 6, Chapter 4, Subchapter
2, Article 1, Section 6860. Viewed on June 13, 2005.
- Toxic
Air Contaminant Identification List, June 1996, CA
ARB. Also available in pdf. Download.
Viewed on July 29, 2009.
- Personal
communication with Lynn Baker,
CA ARB.
- S.E. Kegley, A. Katten, and M. Moses, Secondhand Pesticides: Airborne Pesticide Drift in California, 2003, Pesticide Action Network North America, California Rural Legal Assistance Foundation, and Pesticide Education Center. Viewed on July 30, 2009.
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California
County Agricultural Commissioners
Most California
counties have an Agricultural Commissioner with several additional
staff who help enforce pesticide regulations, as well as permit
applications of restricted use pesticides. Any complaints about
pesticide drift, water contamination, poisoning of animals or bees,
or crop damage due to pesticide use should be directed to the County
Agricultural Commissioner's office for investigation.
About the Data: Accuracy,
currency, comprehensiveness and source
The contact information
for the County Agricultural Commissioners in the PAN database
was last updated on March 5, 2005. If the information has changed,
you may be able to find a more current number at California Dept.
of Food and Agriculture's County Ag Commissioners web
page. Viewed on July 30, 2009.
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Last updated
July 31, 2009
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