Pesticides Program

Applicator Martin Thomas
August 14, 2013

I. History

During 1999 through 2000, the Tribes conducted a pesticides use assessment on the DVIR, funded by Region 9 U.S. Environmental Protection Agency (EPA). The assessment was prepared in partial fulfillment of the grant requirements by the SPT Pesticides Special Project, No E-98948601-2. The assessment report describes the past and present usage of pesticides on the Duck Valley Indian Reservation (DVIR) and conclusions stemming from the assessment.

Organization of the Assessment

Tribal Environmental Protection Program (TEPP) staff designed and implemented the assessment methodology. The methodology consisted of two phases: instrument design and implementation procedures and interviews with potential applicators within the DVIR. The design phase involved extensive interactions and approvals of work products by and with the EPA Region 9 project officer. This permitted the Tribes to develop a clear focus for the assessment.

In 2001, the Tribes completed the pesticides use assessment on the DVIR. The assessment revealed that the TEPP needed to develop a pesticides regulatory program to protect tribal members, workers and applicators on the reservation along with the general public and the environment. The Tribe's Pesticide Program is supported through a cooperative agreement with U.S. EPA under the Federal Insecticide, Fungicide and Rodenticide Act as amended (FIFRA). Work under the cooperative agreements includes inspections and enforcement, compliance assistance, education and outreach to applicators and the Community.

In 2007, a Tribal Pesticides Regulatory Ordinance was adopted by the Shoshone Paiute Tribal Business Council. This Ordinance authorizes the TEPP Pesticides Program to conduct Pesticide Inspection and enforcement activities on the DVIR. During the period of February 13, 2007 through February 12, 2008 the TEPP Pesticides Program conducted pesticide compliance assistance inspections and provided education and outreach to pesticide applicators on the DVIR to educate the regulated community about requirements under the new Ordinance. Pesticide applicators on the DVIR are subject to Ordinance requirements, record keeping and compliance with worker protection standards.

The Tribal Pesticide Regulatory Ordinance became effective for enforcement on February 12, 2008. Since then, the TEPP Pesticide Program has been conducting inspections under the Tribal Pesticide Regulatory Ordinance. For information regarding permit and other requirements under Tribal Ordinance, please contact the TEPP Pesticides Program at (208) 759-3100, ext. 218 or at www.shopaitribes.org/epa

II. Importance of Pesticide Regulation

Pesticides are useful to society because they can kill potential disease-causing organisms and control insects, weeds and other pests. However, without effective regulation and control, exposure to these potentially toxic substances can result in damage to human health, property, and the environment. Examples of problems that can occur from misuse of pesticides include: human exposure resulting in mild to severe illness; secondary poisoning of wildlife such as bird or fish kills, crop damage from drift; and contamination of resources such as water. While pesticides can negatively affect the health of the average adult, children are potentially more susceptible to the negative effects of Pesticide exposure since their bodily systems are still maturing and do not provide the same level of protection as an adult's body. Persons with chemical sensitivities or chronic respiratory illnesses, such as asthma or allergies, and elders are also more susceptible to the damaging effects of pesticide exposure.

What are the benefits of having a Pesticides Program? Having and complying with a pesticides ordinance can result in cleaner soil and water, healthy animals and wildlife, less risk of human exposure to pesticides, undamaged crops and other property, and a healthier, cleaner environment for the children, elders, and the community. Pesticide inspection and enforcement activities are funded by U.S. E.P.A. under the "cooperative agreement". States and tribes are required to report specific information on all inspections conducted, violations found and enforcement actions taken.

III. Permit Requirements under the Pesticides Ordinance

All parties applying pesticides must file an application for a permit to apply pesticides with the TEPP before the pesticide application. A new permit must be obtained from the TEPP for each new application not covered by a previous permit. The pesticide application is responsible for obtaining a permit and must have a valid permit at the time of application. This permit should include the following:

Date, time period of permit, restricted entry intervals and area/location of pesticide application and amount of pesticide to be applied.
The name of the pesticide that will be applied, a copy of the pesticide label including EPA registration number and EPA establishment number.
Certification of pesticides applicator, name, address, and phone number of the certified applicator.
The permit to apply pesticides is in written format.
The permit to apply pesticides must identify the pesticide to be used, how often it will be used, and have the ability to prove to the TEPP that all label requirements and FIFRA requirements will be complied with.
The applicator must file an application for a permit to apply pesticides two (2) days prior to the pesticide application. Exceptions will be considered in emergency situations.
Each application for a permit to apply pesticides will be reviewed and approved or denied by the Pesticides Coordinator.

What is an "inspection"?

*Pesticides Coordinator conducting a "Non-Ag Inspection" July 22, 2012*

The goal of the inspector is to ensure that compliance with the Duck Valley Pesticides Ordinance by collecting and gathering all the necessary information that will determine whether a violation of the Tribal Pesticides Ordinance has been committed. The goals in conducting inspections include: monitoring compliance, documenting violations, and address non-compliance

TEPP Pesticides Program conducts the following yearly inspections:

Use Inspections
Under the Tribal Pesticides Ordinance and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), it is unlawful for any person to use any registered pesticide in a manner inconsistent with its labeling. The Tribal Pesticide Program is authorized to conduct inspections to determine if pesticides are used properly. The primary focus of these inspections is to ensure that all pesticide label directions are followed, reducing risk to applicators, the environment and human health. During these inspections, the inspector determines compliance with all provisions of the label, including but not limited to the mixing, loading, application, storage and disposal of pesticides. All personal protective equipment required by the label must be worn and use directions must be followed. Use inspections are conducted at agricultural sites such as farms, greenhouses nurseries, or any other location where a commodity (food or feed) is being produced. Non-agricultural use inspections are conducted other locations where pesticides are used, such as roadsides, rights-of-way, range lands not used for agricultural purposes, hospitals, schools, tribal administration buildings, etc. In general, most use inspections (including agricultural use, non-agricultural use and WPS inspections) will be conducted during application season.

Agricultural Use
Includes (but is not limited to) pesticides applied for weed control in agricultural settings on the Reservation. Approximately 12,000 irrigable acres are on the Duck Valley Indian Reservation. Alfalfa and hay are grown on this land. Local weed infestations near crops include: white top, tall white top, scotch thistle, canadian thistle, cocklebur, dalmationtoadflax and poison hemlock. Growers who use any pesticides on agricultural land are subject to Ordinance requirements. Additionally, there is a greenhouse located at Owyhee High School that grows sagebrush form commercial sales. Another greenhouse is currently under construction at the same location. This operation is also regulated by the Tribal Pesticides Regulatory Ordinance.

Non-Ag Inspections

Includes (but is not limited to) pesticides applied in any non-agricultural setting such as structures (for control of pests such as earwigs, wasps, spiders, rolley pollies and other indoor pests) and weed control along roadside rights of way. Applicators that use pesticides to control pests in any non-agricultural setting are subject to the Tribal Pesticides Regulatory Ordinance.

Marketplace Inspections
The Environmental Protection Program staff, in a reasonable manner, with appropriate and timely prior notification, has the authority to enter any location where pesticides are being sold, offered for sale, distributed, or are offered for distribution, to conduct inspections. This is to ensure that pesticides are being sold in conformity with the provisions of this Ordinance and FIFRA. For example, marketplaces like stores will place pesticides on shelves that are out of the reach of children, preferably on the top shelf of the section of the store in which they are sold. Inspections will be in accordance to the Tribal Neutral Inspection Scheme, Priority Setting Plan and Enforcement Response Policy. This includes inspections of local businesses on the DVIR that sell pesticides. Currently there is only one marketplace on the DVIR.

Education & Outreach Activities

Poison Prevention Outreach: Three sessions were presented to Head Start Students, Staff, and Parents on Poison control within the home. The Agenda included introduction of Environmental Program Staff, Definition of Poison, "Stop ask First Video," Mistaken Identity Activity, Introduction of Mr. Yuck and provided hand out material for children to take home. This presentation was very successful in teaching the pre-school student about poison and how it can harm you.

2011 Children's Health Fair: Our program attended the 1st Annual Children's Health Fair located at the Human Development Center, Information booklets, brochures, pictures and handouts were provided to all attendees.

Education and outreach information is provided at community events such as the Annual Health Fair and to pesticide applicators during inspections.

Alternatives to Pesticides

If you are interested in finding out more about pest control without using pesticides, the TEPP Pesticides Program may be able to offer some suggestions. Use of non-pesticide methods of pest control as a first option is encouraged. Use of both mechanical and biological control of pests prior to use of pesticides is the preferred method of pest control. Ongoing outreach and education regarding Integrated Pest Management and Best Management Practices are a priority on Duck Valley Reservation. Outreach is achieved through Pesticide Program participation at the Annual Health Fair in Owyhee, Nevada, classroom education with students at Owyhee high School, and direct communication with local businesses and citizens.

Frequently Asked Questions

Q: Do I need a permit to apply Pesticides on the Duck Valley Indian Reservation?
A: Yes. Individuals or departments will need to apply for a permit with the Sho-Pai Environmental Program.

Q: How do I apply for a Pesticides Permit?
A: You can obtain an application for Pesticides Permit at the Sho-Pai Tribes Environmental Program located at the Tribal Headquarters or you may print an application for download upon clicking this hyperlink.

Q: Where can I report an incident resulting from pesticide use?
A: If you believe the use of pesticides has affected anyone in your family, wildlife or the environment you can report it to the Sho-pai Environmental Program (208) 759-3100 Ext. 218.

Q: How can I know if I will have a problem from a pesticide exposure?
A: Pesticides can be harmful if they get on your skin, in your eyes, if you breathe them, or you swallow them. Exposure to pesticides could result in short term or long term effects. Long term effects can occur from repeated small exposures which by themselves do not cause obvious harm. There are also situations where pesticide exposure does not cause problems. For example, some pesticides cannot be absorbed across the skin. Or the body may be able to metabolize and excrete small amounts of pesticides without diverse effect. If you believe you have been exposed to pesticides, consult a medical professional as soon as possible and provide as much information to about the pesticide and how the exposure occurred.

Q: How can I reduce the potential for exposure to Pesticides?
A: The most effective way to reduce risks posed by pesticides is to use non-chemical control methods to reduce or eliminate pest problems. Such measures include good sanitation practices such as removing litter and standing water that attracts pests, removing materials such as cardboard and excess plant debris that pests use as shelter and breeding sites.

If you decide you must use a pesticide, follow these precautions:

Always read the label first and follow the directions, including ALL restrictions!
DO NOT buy more than you need.
Where possible, use lower risk products
Don't use products for pests that are not indicated on the label and don't use more pesticide than directed by the label. Twice the amount will not do twice the job.
Use protective measures when handling pesticides as directed by the label, such as wearing impermeable gloves, long-sleeve shirts. Change clothes and wash your hands immediately after applying pesticides.
Before applying a pesticide (indoors or outdoors), remove children, their toys, and pets from the area and keep them away until the pesticide has dried or as recommended by the label.
DO NOT spray outdoors on windy or rainy days. Take precautions to keep the pesticide form drifting or running off.
Remove or cover food during indoor applications.
If hiring an applicator, ask for information about the pesticides. Ask to see the label, ask about potential risks and safety precautions to take.
DO NOT dump leftover pesticides down the drain or ground. Contact the Duck Valley Indian Reservation Pesticides Program for information about proper disposal of leftover and unwanted pesticides.
Keep the telephone number of your area Poison Control Center near your telephone: (900) 222-1222