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Acknowledgments

California regulatory information

Pesticides BulletCA Registered
Pesticides BulletCA Groundwater Contaminants
Pesticides BulletPAN Groundwater Contaminants
Pesticides BulletProposition 65
Pesticides BulletCA Toxic Air Contaminants
Pesticides BulletCA 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:
  1. 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.
  2. B. Johnson, Setting Revised Specific Numeric Values, California Department of Pesticide Regulation, April 1991. Viewed on July 30, 2009.
  3. Pesticide Contamination Prevention Act, California Codes, Food and Agricultural Code, Division 7, Chapter 2, § 13144, 13145, 13149. Viewed on July 30, 2009.
  4. California Department of Pesticide Regulation In-house Legislative information. Groundwater-specific regs here. Viewed on July 30, 2009.
  5. 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.
  6. 2000 Rulemaking Calendar, California Department of Pesticide Regulation, February 2000. Viewed on October 31, 2002.
  7. W. Kollman, 1999 Status Report Pesticide Contamination Prevention Act, California Department of Pesticide Regulation, December 1999. Viewed on Viewed on July 30, 2009.
  8. 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.
  9. Kollman, W. and F. Guo, 2000 Status Report Pesticide Contamination Prevention Act, California Department of Pesticide Regulation. Viewed on July 30, 2009.
  10. 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.

  1. 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.
  2. 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.
  3. 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:

    1. J.E. Barbash and E. A. Resek, Pesticides in Ground Water: Distribution, Trends, and Governing Factors, Ann Arbor Press, Inc. (Chelsea, Mich., 1996).
    2. W. Kollman, 2000 Status Report Pesticide Contamination Prevention Act, California Department of Pesticide Regulation, December 2000. Download. Viewed on October 31, 2002.
    3. 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.

  1. 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).
  2. 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.
  3. 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:

  1. Proposition 65, CA Office of Environmental Health Hazard Assessment (OEHHA). Viewed on July 30, 2009.
  2. 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.
  3. Proposition 65 in Plain Language, CA Office of Environmental Health Hazard Assessment (OEHHA). Viewed on July 30, 2009.
  4. 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:

  1. California Code of Regulations, Division 7, Chapter 3, Article 1.5, Section 14021. Viewed on July 29, 2009.
  2. What is DPR's Toxic Air Contaminant Program?, CA DPR. Viewed on July 29, 2009.
  3. California Air Toxics Program Background, CA ARB. Viewed on July 29, 2009.
  4. Pesticides for evaluation as Candidate Toxic Air Contaminants, October 1996, CA DPR (Available from DPR by request only; no longer posted on web site).
  5. California Code of Regulations, Division 6, Chapter 4, Subchapter 2, Article 1, Section 6860. Viewed on June 13, 2005.
  6. Toxic Air Contaminant Identification List, June 1996, CA ARB. Also available in pdf. Download. Viewed on July 29, 2009.
  7. Personal communication with Lynn Baker, CA ARB.
  8. 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


PAN Pesticide Database is a project of Pesticide Action Network North America (PANNA).
This page is www.pesticideinfo.org//Docs/ref_regulatoryCA.html on February 03, 2012 at 08:20 PM (PST).
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