Yap State Environmental Protection Agency Federated States of Micronesia

Transcription

1 Federated States of Micronesia 1.0 Authority 1.1 Purpose 1.2 Applicability 2.0 Definitions 3.0 Administrations 4.0 Prohibition and Restriction of Pesticides 4.1 Prohibition of Experimental Pesticides 5.0 Importation of Pesticides 6.0 Registration of Pesticide Applicators 6.1 Denial, Suspension, Revocation of Registration, and Review 7.0 Pesticide Labeling Requirements 8.0 Storage Requirements 9.0 Recordkeeping 10.0 Detention, Seizure, and Impoundment 10.1 Order of Disposal and Removal 10.2 Costs of Detention, Seizure, Impoundment, Disposal, and Removal 10.3 Detention, Seizure, Impoundment, Disposal, and Removal Proceedings 11.0 Disposal Requirements 12.0 Unlawful Acts 13.0 Enforcement Provisions 14.0 Effective Date

2 Yap State Environmental Protection Agency Federated States of Micronesia Agency Regulation No Section 1.0 Authority. These regulations, to be cited as the, are issued by the Yap State Environmental Protection Agency under the authority granted it by the Environmental Protection Quality Act. Section 1.1 Purpose. The purpose of these regulations is to establish a system of control over the importation, sale, storage, application, handling, use, distribution, disposal and removal of pesticides so as to protect human health and the environment in Yap State. Section 1.2 Applicability. These regulations apply to any person, natural or otherwise, including, but not limited to, any private entity and any national, state, or local government agency, who imports, sells, stores, handles, distributes, mixes, or applies pesticides, or who disposes of pesticides, their containers, or equipment rinsate from Yap State, provided that these regulations shall not apply to any person importing, selling, storing, applying, handling, using, distributing, disposing, or removing pesticides that are intended solely for distribution via retail outlets to private individuals for household use only, and whose Signal Word on the label does not exceed Caution as an indicator of toxicity. Section 2.0 Definitions. The following terms, unless the context clearly indicates otherwise, mean: ACTIVE INDREDIENT : The compound(s) in a pesticide responsible for its chemical activity; AGENCY : Yap State Environmental Protection Agency, including its representatives; BAND APPLICATION : Application of a pesticide along or beside a crop row rather than over the entire field; (d). BASAL APPLICATION : Application of a pesticide to plant stems or trunks just above the ground line; (e). BROADCAST APPLICATION : The uniform application of a pesticide or other material over an entire field or treatment area; (f). CERTIFIED PESTICIDE APPLICATOR : Any individual who is certified by an official agency to use pesticides on a commercial or a private basis, or to directly supervise the application of pesticides by others; (g). CHEMICAL NAME : The technical name of the active ingredient(s) found in the formulated product. This name is derived from the chemical structure of the active ingredient; (h). COMMERCIAL APPLICATOR : A certified applicator who uses or supervises the use of any pesticide that is classified for general or restricted use, on any property other than his or her own; (i). COMMON NAME : A name given to a chemical s active ingredient. For example, the common name for Sevin insecticide is carbaryl; 1

3 (j). GENERAL USE PESTICIDE : A pesticide which can be purchased and used by the general public. Examples of such pesticides include fly sprays and mosquito coils; (k). LABEL : All printed material that is attached to, or part of, a pesticide container; (l). LABELING : All labels and other written, printed, or graphic material accompanying the pesticide or published in reference to the pesticide; (m). MATERIAL SAFETY DATA SHEET (MSDS) : A document containing information regarding the physical and chemical properties of a chemical product, as well as safe handling and disposal methods. An MSDS is available for all legal pesticides; (n). PESTICIDE : Any substance used to inhibit the metabolism of pest organisms. This term is inclusive of the following compounds: agaricide, bactericide, fungicide, herbicide, insecticide, termiticide, miticide, molluscicide, nematicide and rodenticide. In addition, defoliants, desiccants and growth regulators will be considered as pesticides for the purpose of these regulations. (o). PRIVATE APPLICATOR : A certified applicator who uses or supervises the use of any pesticide which is classified for Restricted Use on his/her own property. A certified applicator may only use or supervise the use of a restricted use pesticide on the property of another person when it is applied without compensation; (p). RESTRICTED USE PESTICIDE : A pesticide which may be purchased and used only by certified applicators or person(s) directly under their supervision. Restricted use pesticides will not be available for use by the general public due to their high toxicity and environmental hazards associated with their use; (q). SIGNAL WORD(S) : Required information that appears on every pesticide label to denote the relative toxicity of the product. The signal words are either Danger-Poison, used with a skull and crossbones symbol for highly toxic compounds, Danger for skin and eye irritants, Warning for moderately toxic, or Caution for slightly toxic compounds; (r). USEPA ESTABLISHMENT NUMBER : A number assigned to a pesticide regulated by the United States of America Environmental Protection Agency that identifies the facility that produced the product; and (s). USEPA REGISTRATION NUMBER : A number assigned to a pesticide regulated by the United States of America Environmental Protection Agency when the product is registered by its manufacturer. Section 3.0 Administration of Pesticide Regulations. The administration of these regulations will be carried out by the Agency. The Agency may take any action necessary to provide oversight, assure compliance, and enforce these regulations. Activities may include, but are not limited to, administrative actions such as issuance of orders and registration, as well as conducting storage, handling, and disposal site inspections, application monitoring, auditing of required records, inspection of shipments, and investigations of suspected violations of these regulations. Section 4.0 Prohibition and Restriction of Pesticides. The Agency may prohibit or restrict the importation, sale, distribution, possession, handling, or use of any pesticide, pesticide container, or pesticide equipment rinsate that is deemed likely to produce adverse effects on human health or the environment. 2

4 Section 4.1 Prohibition of Experimental Pesticides and Pesticides Without Material Safety Data Sheets. Importation, distribution, storing, possession, handling, application, and use of experimental pesticides, their containers, or their equipment rinsate, or any pesticide for which a Material Safety Data Sheet has not been published, is expressly prohibited. Section 5.0 Section 6.0 (d). Importation of Pesticides. Eligibility of Importer. Only persons certified as pesticide applicators, who are registered with the Agency, are eligible to import pesticides. Notice of Intent to Import Pesticides and Approval. Prior to placing an order with a chemical manufacturer or distributor for the importation of pesticides, persons desiring to import a pesticide shall submit to the Agency, on a form provided by the Agency, a Notice of Intent to Import Pesticides. On this form, or as an attachment, persons intending to import a pesticide shall document a clear need to apply such pesticide for a specific purpose. Such documentation shall take into account all reasonable alternatives to the use of chemical pesticides. Approval from the Agency shall be obtained before the importation of a pesticide is initiated. Notice and Inspection of Shipment. When a pesticide shipment arrives, and before the container in which such pesticide is imported is opened or removed from its port of entry, the person importing the pesticide shall immediately inform the Agency of the arrival of such pesticide. The Agency shall be provided the opportunity to inspect the shipment for discrepancies and compare it to the information provided on the Notice of Intent to Import Pesticides before such pesticide is released from its port of entry. Registration of Pesticide Applicators. Registration Requirement. No person may apply pesticide unless he or she is registered as a certified pesticide applicator with the Agency. Certification shall be obtained from an official certification agency such as the Guam Environmental Protection Agency. It is not the responsibility of the Agency to fund or provide pesticide application training or certification. Application for Registration. An application for registration shall be made to the Agency in writing. Request for registration shall include a description of the type of pesticide the applicant intends to apply, and documentation of certification by an official certification agency. Appropriateness of Certification. If sufficient evidence of certification is not provided, the Agency may require additional information. An applicant will not be registered until is determined that he or she has appropriate certification. Registration will be valid until the expiration date of the applicant s certification. Condition of Registration. An applicant will not be registered until he or she has sufficiently promised the Agency in writing that, as a condition of his or her registration, the applicant will not apply pesticides on or to the property of another person unless such other person has, in writing and language approved by the Agency, promised the applicant that he or she, as a condition of the pesticide application, consents to the entry by the Agency upon his or her property at the time and for the purposes specified in Section 13.0 (b) of these regulations. 3

5 (e). (f). Section 6.1 Classification of Registered Applicators. A registered applicator will be classified as either a Commercial Applicator or a Private Applicator. A pesticide applicator is not permitted to carry out any type of pesticide application for which he or she is not certified and registered. Temporary Registration. Under exceptional circumstances, the Agency may issue a temporary commercial or private registration valid for a period not to exceed ninety (90) calendar days. Temporary registration will be limited to the specific types of pesticide use determined essential by the Agency. The Agency may subject the issuance of temporary registration to any condition or conditions it deems necessary. Denial, Suspension, and Revocation of Registration and Review. Denial of Registration. The Agency may deny registration to any person whose certification is suspended, revoked, or expired, who has been found to be in violation of any provision of these regulations, or who does not document appropriate certification. Suspension and Revocation of Registration. The Agency may suspend registration for a period not exceeding ninety (90) calendar days, or may revoke the same on the basis of a violation of any provision of these regulations. Review of Denial, Suspension, and Revocation of Registration. Any person who has been denied registration or whose registration has been suspended or revoked may appeal from such denial, suspension, or revocation by filing an appeal within twelve (12) calendar days of such denial, suspension, or revocation with the Chairman of the Board of Directors of the Agency. Within twelve (12) calendar days of the filing of the appeal, the Chairman shall appoint three persons to hear the appeal. No person involved in the making of the decision to deny, suspend, or revoke registration shall be eligible for appointment to hear the appeal. Appeal proceedings shall be conducted in the manner provided by the Yap State Administrative Procedure Act. Section 7.0 Pesticide Labeling Requirements. Any pesticide imported into Yap State shall have all labeling clearly legible and printed in the English language. Copies of pesticide labeling shall be made available to the Agency prior to any pesticide importation. Pesticide labeling shall, at a minimum, include the following information: (d). (e). (f). (g). Trade, brand or product name; Formulation, Common Name and Chemical Name; Ingredient statement indicating every active ingredient and its percentage in the container; Pesticides shall be identified as either Restricted Use or Unclassified/General Use; Material Safety Data Sheet for each pesticide; Identification of chemical that describes, in general terms, what the product s purpose is (for example, insecticide, herbicide, fungicide, etc.); Net contents showing how much product is in the container; 4

6 (h). (i). (j). (k). (l). (m). (n). (o). (p). (q). (r). (s). Name and address of the manufacturer; The United States Environmental Protection Agency (USEPA) Registration and Establishment Numbers, if applicable. Signal Word(s) and, if applicable, symbol; Precautionary statements to inform applicators what steps to take to protect themselves and other persons who may be exposed; Routes of entry statements indicating which route or routes of entry into the body are particularly hazardous; Specific action statements recommending specific precautions to take and protective clothing and equipment to wear to reduce exposure; Statement of practical treatment listing recommended first-aid treatment in the case of poisoning. For Danger labels, a note to physicians describing the appropriate medical procedures and antidotes for poisoning emergencies; Physical and chemical hazards associated with a pesticide, if applicable, which shall identify and describe any special fire, explosion or chemical hazards the product may pose; A re-entry statement, when applicable, containing the interval of time that must pass between the last application of a pesticide and when people may re-enter a treated area without wearing appropriate protective gear; General storage and disposal instructions indicating the appropriate storage and disposal of the pesticide and its container; Directions for use indicating the intended purpose of the products, the proper mixing instruction, application rates and frequencies, how close to harvest the product can be applied, and where and when the material should be applied; and Any other information which the Agency may require. Section 8.0 Storage Requirements. Management practices ensuring safe storage of pesticides are required to minimize potential threats to human health and the environment. Persons storing, possessing, or having control over pesticides shall ensure that the following minimum requirements for safe pesticide storage are complied with in the storing of such pesticides: (d). Pesticides shall be stored in adequate containers in a manner that assures no leakage or spills will occur; Containers shall be kept closed except when it is necessary to add or remove material from the container; Containers shall not be located near materials that may become contaminated, including, but not limited to, food, animal feed, clothing, flammable material, or fertilizers; Storage areas shall remain securely locked to prevent access by unauthorized persons; 5

7 (e). (f). (g). (h). (i). (j). Storage areas shall be structurally sound, adequately lit, properly ventilated, away from direct sunlight and potable water supplies, and shall remain dry; Storage areas shall be inspected for leaks and container deterioration at least once per month; Up to date inventory records shall be maintained at the storage location; Proper labeling of containers shall be maintained such that the contents are identified by both product name and chemical name; A Material Safety Data Sheet shall accompany each pesticide at the storage location; and Containers shall not be stored at a location or in a place, condition, or manner which poses or which is likely to pose a real threat to human health or the environment. Section 9.0 Recordkeeping Requirements. Forms. Persons importing pesticides shall keep and maintain all approved Notice of Intent to Import Pesticides forms for as long as any of the pesticides approved for importation are in their control. Inventory. All persons who store pesticides shall keep and maintain an inventory of those pesticides. This inventory shall be updated every three (3) months and, at a minimum, shall contain the following information: (1). Storage location; (2). Trade, brand or product name and the product s Common Name; (3). Material Safety Data Sheet for each pesticide stored; (4). Formulation (e.g. emulsifiable concentrates, solutions, soluble powders, wettable powders, dusts, granules, baits, or fumigants) for each type of pesticide stored; (5). Type of pesticide, in terms of the target pest, such as bactericides, fungicides, herbicides, insecticides, termiticides, miticides, molluscicides, nematicides, predacides, rodenticides.etc; (6). Quantity of each type of pesticide stored; (7). Date that the chemical was purchased; (8). Date that the inventory was taken; and (9). The name of the person or names of the persons who took the inventory. Pesticide Application Records. A person who applies pesticide shall immediately make a record of each instance of application and shall keep and maintain such record for a period not less than three (3) years. Each record shall be signed by the applicator and shall include the following information: 6

8 (1). Name and contact phone number of the person conducting the application; (2). The trade name, Common Name, and formulation of the applied chemical; (3). The physical location where the application took place and, if applicable, the crop, commodity or product treated, and the target pest; (4). The total area (acreage) or commodity (quantity) treated, treatment method (e.g. Band, Basal, or Broadcast Application), and the number of treatments; (5). The month, day, and year for each application; (6). The total amount of the chemical used per application (i.e. volume or mass per unit of area). This quantity is to be stated in terms of concentrate applied per unit area, not the amount of solution applied after it has been diluted; and (7). Environmental condition information at the time of application, including the time of day and the general weather conditions. Weather information shall include, at a minimum, the temperature, wind direction and strength, an estimate of the percent cloud cover, and whether or not it rained during or shortly after the application. (d). Names of Commercial Applicator. In the case of a person, agency, or entity who hires commercial pesticide applicators to apply pesticide, such person, agency, or entity shall provide the Agency in writing the name of each applicator within seven (7) calendar days of the application. Section 10.0 Detention, Seizure, and Impoundment of Pesticides. The Agency may detain, seize, or impound any pesticide, wherever located: Which is imported in violation of or without compliance to Section 4.1, Section 5.0, or any other section of these regulations; Which does not meet the chemical, formulation, property, brand, toxicity, content, or manufacturer descriptions provided on the Notice of Intent to Import Pesticides under which it was imported; and Which is not stored, applied, labeled, or inventoried in the manner required by these regulations. Section 10.1 Order of Disposal and Removal. The Agency may order any pesticide, which is imported or which is stored, applied, labeled, or inventoried in a manner not complying with these regulations, be disposed of or removed from Yap State. Section 10.2 Costs of Detention, Seizure, Impoundment, Disposal, and Removal. The person owning any pesticide that is detained, seized, impounded, disposed of, or removed from Yap State or which is to be detained, seized, impounded, disposed of, or removed from Yap State shall bear all the costs and expenses necessarily incurred or to be necessarily incurred by such detention, seizure, impoundment, disposal, or removal. Section 10.3 Detention, Seizure, Impoundment, Disposal, and Removal Proceedings: 7

9 Detention, Seizure, and Impoundment Proceedings. As soon as reasonably practicable after a pesticide is detained, seized, or impounded, the Agency shall give the owner of such pesticide notice of the detention, seizure, or impoundment, notice of the ground or grounds of the detention, seizure, or impoundment, and notice of the time when and place where the pesticide owner can contest the detention, seizure, or impoundment. The pesticide owner can contest the detention, seizure, or impoundment in writing or orally. The Agency may affirm or vacate its decision of detention, seizure, or impoundment after the pesticide owner has contested such detention, seizure, or impoundment or, in the case where the pesticide owner does not exercise his or her right of contest, after it has become reasonably apparent to the Agency that the pesticide owner has chosen expressly or impliedly not to exercise his or her right of contest. Disposal and Removal Proceedings. Before the Agency makes an order of pesticide disposal or removal, the Agency shall give the owner of such pesticide notice that an order of disposal or removal is being proposed, notice of the ground or grounds of the proposed order, and notice of the time when and place where the pesticide owner can contest the proposed order. The pesticide owner can contest the proposed order in writing or orally. The Agency may effect or vacate the proposed order of disposal or removal after the pesticide owner has contested such proposed order or, in the case where the pesticide owner does not exercise his or her right of contest, after it has become reasonably apparent to the Agency that the pesticide owner has chosen expressly or impliedly not to exercise his or her right of contest, provided that in no event shall a proposed order of disposal or removal be effected until after fifteen (15) calendar days have fully elapsed from the date the pesticide owner was scheduled to contest such proposed order. Review of Detention, Seizure, Impoundment, and Order of Disposal or Removal. A person aggrieved by a decision of the Agency made under Subsection (a) or (b) of this Section may appeal from such decision to the Board of Directors of the Agency by filing an appeal with the Chairman thereof within twelve (12) calendar days of such decision. Within twelve (12) calendar days of the filing of the appeal, the Chairman shall appoint three persons to hear the appeal. No person involved in the making of the decision appealed from shall be eligible for appointment to hear the appeal. Appeal proceedings shall be conducted in the manner provided by the Yap State Administrative Procedure Act. Upon the filing of an appeal and while the appeal is pending, the order of disposal or removal appealed from shall be stayed, and the decision of detention, seizure, or impoundment appealed from shall remain in effect. Section 11.0 Disposal of Waste and Non-Usable Pesticide: Obligation to Dispose. A person owning pesticide is obligated to, without unnecessary delay, dispose of all pesticide wastes, all pesticides, and their containers and equipment rinsate, for which he or she no longer has any permissible use, and all empty pesticide containers that are under his or her control. A person obligated to dispose of pesticides, pesticide equipment rinsate, and pesticide containers which he or she is under order pursuant to these regulations to dispose of, shall dispose of the same within the time frame prescribed in such order or, where such order does not prescribe a time frame for disposal, without unnecessary delay. Disposal Requirements. A person disposing of pesticides, pesticide equipment rinsate, or pesticide containers shall, at a minimum, comply with the following requirements: (1). Unused chemicals and mislabeled or adulterated pesticides are considered hazardous waste and may not be disposed of within Yap State without written authorization from 8

10 the Agency. This authorization will explicitly identify the type, quantity and disposal methodology to be strictly complied with for a given pesticide; (2). Disposal of pesticide containers shall be conducted in the specific manner identified on the appropriate Material Safety Data Sheet or other pesticide labeling; (3). Equipment rinsate, generated from washing and rinsing of application spray equipment, shall be sprayed on the treated area or disposed of in the same manner as unused chemicals; and (4). Under no circumstances are waste pesticides, either in concentrated or diluted form, associated equipment rinsate, or containers to be disposed of in any manner that may threaten human health or the environment. Section 12.0 Unlawful Acts. A person commits an unlawful act if he or she: (d). (e). (f). (g). (h). (i). Imports pesticides without prior submission of a Notice of Intent to Import Pesticides to the Agency or without obtaining prior approval from the Agency; Imports, sells, distributes, or knowingly receives any pesticide which is adulterated or misbranded; Imports, sells, distributes, or knowingly receives any pesticide that is prohibited by the Agency; Uses any pesticide in a manner not permitted by the labeling; Does not adhere to a labeling instruction, such as directions for use, safety, mixing, diluting, storage, days to harvest, slaughter, grazing, container disposal etc,; Detaches, alters, defaces, or destroys, in whole or in part, any pesticide labeling; Fails to make, keep, or maintain any record required by these regulations; Hinders, obstruct, impairs, or prevents an agent, representative or personnel of the Agency from conducting an investigation into pesticide misuse or a violation of these regulations; Hinders, obstruct, impairs, or prevents an agent, representative or personnel of the Agency from: (1). Inspecting any required pesticide record; (2). Witnessing any phase of pesticide importation, application, storage, handling, use, possession, disposal, or removal; or (3). Interviewing any person involved with pesticide importation, application, storage, handling, use, possession, disposal, or removal. (j). (k). Interferes with the execution of or violates any order issued by the Agency regarding pesticide recordkeeping, storage, handling, application, use, possession, detention, seizure, impoundment, removal, or disposal; Knowingly falsify any document, record, or certification encompassed by these regulations; 9

11 (l). (m). (n). (o). (p). (q). Applies a pesticide without being a certified applicator registered with the Agency; Applies a type of pesticide for which he or she is not a certified applicator registered with the Agency; Applies pesticide on or to the property of another person who has not given his or her consent to entry by the Agency upon his or her property at the time and for the purposes specified in Section 13.0 (b) of these regulations; Sells, distributes, or transfers any pesticide to a person not being a certified applicator registered with the Agency; Stores, handles, transports, applies, or disposes of any pesticide, pesticide container, or pesticide equipment rinsate in a manner not complying with these regulations or an order of the Agency; or Violates any provision of these regulations. Section 13.0 Enforcement: Prosecution and Penalty. Action may be brought, in the manner provided by 18 YSC 1512 (e), against any person who commits an unlawful act described in Section 12.0 or who violates any other provision of these regulations. Such a person, as a result of such action, may be fined in the manner provided by 18 YSC 1512 Right of Entry. For the purpose of ensuring compliance with these regulations, the Agency, by virtue of 18 YSC 1508, may enter upon any establishment or property where pesticides are imported, stored, handled, applied, or disposed of during reasonable hours. The purpose of the entry shall be to obtain information, make inspections, obtain samples, inspect or copy records required by these regulations to be kept, effect a detention, seizure, impoundment, disposal, or removal of a pesticide, or conduct survey or investigation into any offense committed in violation of these regulations. Protective Orders. The Agency, by virtue of 18 YSC 1512 (a) (2) (c), may issue a written order to any person who imports, distributes, handles, owns, uses, applies, possesses, or controls pesticides whenever circumstances involving pesticides are found to be in violation or threaten to create a violation of any provision of these regulations. The written order will direct the designated person to take whatever action is appropriate to protect human health and the environment. This includes, but is not limited to, orders to cease actions, mitigate a situation, properly dispose of pesticides, or conduct complete pesticide contamination clean-up activities. Section 14.0 Effective Date. These regulations shall become effective on October 10 th,