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The PMP RePoRTeR
A Publication of the Virginia Pest Management Association
Spring 2012
Recent changes in rodenti-cide labels may mean that there could be three different labels on the market at one time. So, now, more than ever, it is very important to read the label on the container of rodenticide that you are using!
Recently, the EPA revised the portion of its 2008 Risk Mitigation Decision relating to the 50 foot restriction for out-door uses of professional use products.
Specifically, EPA:
• Extended the distance from which rodenticides can be placed from buildings from 50 feet to 100 feet and replaced the word “build-ing” with the term “man-made structures” (The phrase “man-made struc-tures” is broadly defined, however, it expressly ex-cludes “fence and perimeter baiting, beyond 100 from a structure...”), and
Clarification to New Rodenticide Labels
• Permitted the use of first-generation anticoagu-lant and non-anticoagulant professional products to treat burrows that are further than 100 feet from buildings and man-made structures.
In a March 20th letter, EPA provided additional clarification relating to the use of first and second-generation anticoagu-lants and non-anticoagulants applied to rodent burrows. In the letter, EPA specifies that the following language should ap-pear on the revised labels:
• On all second-generation anticoagulant products labeled for application in rodent burrows:
“This product may only be applied to active burrows to control Norway rats and roof rats within 100 feet of buildings and man-made structures con-structed in a manner so as to be
please see Rodenticide, p. 4
Inside This IssueHot Topic ........................... 2
President’s Message .......... 3
New Members ................... 3
Wildlife Mgmt.. ................. 6
VDACS: Mold Certification & Licensing ....................... 8
Fumigations..................... 16
VPDES ............................ 16
Posting & Notification .... 20
TPCA News .................... 20
Virginia Pest Management Association is on Facebook!
2 The PMP Reporter2 The PMP Reporter
VPMA State Technical MeetingSheraton Park South, Richmond, VA
Business Sessions - October 3rdFeaturing: Mike Rottler, Rottler Pest Solutions; Ray John-
son, Johnson Pest Control; Kim Oakley, Massey Services; June Van Kleveran, Compelling Communications; Hal Coleman,
PestControlMarketer.com
PestFest & Annual Meeting - Evening of October 3rd
Technical Sessions - October 4thFeturing: Ken Hayes, U. of Kentucky; Mike Raupp, U. of
Maryland; Dini Miller, Virginia Tech; Liza Fleeson, VDACS; VT Grad Students
The PMP ReporterThe PMP Reporter is published quarterly by VPMA to provide articles of interest to members and is not considered a publication of standards and regulations. Your opinions, comments, and advertisements are welcome. Opinions expressed by individual writers are not necessarily endorsed by VPMA. Advertising is accepted at the discretion of The PMP Reporter and does not indicate endorsement by VPMA. Send submissions, correspondence and address changes to: Andrea Coron, Executive Director Virginia Pest Management Association P.O. Box 7161 Tollfree: 877/875-8722 Fredericksburg, VA 22404 Fax: 540/374-9221 vpmaonline.com Phone: 540/374-9200 email: [email protected]
Index of AdvertisersVPMA Officers and DirectorsJeff Johnson, PresidentA-Active Termite & Pest Control Co.2500 Encounter Court 757/425-0855Virginia Beach, VA 23453 Fax:757/340-0478Jerry McLawhorn, Immediate Past President Superior Exterminating Co. 2336 Peters Creek Rd., NW 540/562-2201 Roanoke, VA 24017-1621 Fax: 540/562-2205
Gena Lupini, Vice PresidentLoyal Termite & Pest Control Co., Inc.2610 East Parham Rd. 804/737-7777Richmond, VA 23228 Fax: 804/328-1591
Pete Smith, SecretaryDodson Bros. Exterminating Co., Inc.P.O. Box 10249 434/847-9051Lynchburg, VA 24506 Fax:434/847-6244
Jack Broome, TreasurerPermaTreat Pest Control509-A Lafayette Blvd. 540/368-0024Fredericksburg, VA 22401 Fax: 540/368-0026
Jason Leonard, Allied DirectorForshaw Distribution, Inc.2251-A Dabney Rd. 804/355-1900Richmond, VA 23230 Fax: 804/355-3982Nick Lupini, National RepresentativeLoyal Termite & Pest Control Co., Inc.2610 East Parham Rd. 804/737-7777Richmond, VA 23228 Fax: 804/328-1591
John Adkins, SVPMA LiaisonFour Seasons Pest Control P.O. Box 4953 434/836-1662 Danville, VA 24540 Fax: 434/836-1622Nick Castaldo, CVPMA LiaisonPermaTreat Pest Control11475 Fox Cross Rd. 804/798-9671Ashland, VA 23005 Fax: 804/798-9681Charlie Church, DirectorGetem Termite & Pest ControlP.O. Box 6066 757/489-8610 Norfolk, VA 23508 Fax:757/489-8612
Beth Duncan, DirectorExterminating Unlimited, Inc.P.O. Box 1565 804/550-5657Mechanicsville, VA 23116 Fax: 804/550-0586Rhonda Elmore, DirectorCommonwealth Exterminators, Inc. P.O. Box 12 434/848-9800Lawrenceville, VA 23868 Fax: 434/848-8388Hilary Buzz Jones, Director Maximum Environmental ServicesPO Box 7622 757/622-0005 Norfolk, VA 23509 Fax: 757/622-0040
Don Lenegar, DirectorABC Termite & Pest Control, Inc. 117 First Colonial Rd. 757/422-0409 Virginia Beach, VA 23454 Fax: 757/422-2124
Jim Lincoln, DirectorOrkin, Inc.211 Wylderose Ct. 804/794-7196Midlothian, VA 23113 Fax: 804/794-4335
Ray Mitchell, NOVA PCA LiaisonBarrier Termite & Pest TechnologiesP.O. Box 1124 703/444-0496Sterling, VA 20167 Fax: 703/444-3919
Jim Murphy, TPCA LiaisonGetem Termite & Pest Control P.O. Box 6066 757/489-8610 Norfolk, VA 23508-0066 Fax: 757/489-8612
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Spring 2012 3
President’s Message: by Jeffrey M. Johnson, ACE
I hope that this message finds everyone well, and having a great spring 2012 season!
This issue of your newslet-ter focuses on regulations that may or may not affect your business. Some issues are more pertinent to our industry than others, but they are all important to be aware of.
The cover story delves into the new label language for rodenticides. This is probably the most pertinent regulatory change discussed in this issue. Be sure that your technicians are aware of the changes and that they are reading the label!
New fumigation regula-tions governed by the Virginia Department of Environmental Quality were enacted on July 1, 2011. While few companies will be affected by this regulation, it is important to be aware that our industry is now regulated by VDEQ (see page 10).
The VPDES Clean Water Act permitting (page 12) affects companies that apply pesticides over water for mosquito or other flying insect control. If you perform these services, you will want to become familiar with this permitting and the record keeping elements required.
For those involved in Wild-life Control there is a new alert regarding Nutria in Virginia (page 6).
If your company performs mold remediations, be sure to read the VDACS update to en-sure you have the correct licens-
es and certifications (Page 8). If you apply pesticides
in multi-family or multi-unit settings please learn about the posting and notification require-ments and be sure to educate the home owners’ associations, condominium associations and apartment management compa-nies you work with about these requirements (page 20).
I would personally like to thank the Officers and Board of Directors of the VPMA for their dedication and hard work. All of our committees are proac-tive and making strides towards our strategic goals. The ben-efits our members receive are a real value compared to their membership dues. Mentioning membership dues, it’s about that time of year when our renewals will be coming in the mail. I strongly encourage all members to get their dues in to NPMA in a timely manner.
Our Education Commit-tee has been busy finalizing the State Technical Meeting agenda for October 3rd and 4th, and I think you will be pleased with the lineup. This is the premiere educational event in the state. If you have never attended this meeting, I encourage you to at-tend this event for a great time, and a world class education.
The Regulatory and Le-gistlative Committee is also conducting a fundraiser for the VPCA Political Action Com-mittee fund for the first time in more than 10 years. Because
of the flurry of activity on the regulatory and legislative fronts, money is needed to represent our industry and protect our in-terests. Please see page 22, and make a donation today.
I’m also excited that we are conducting our second ACE Preparatory Training course on May 16th and 17th. In a recent conversation with a fellow PMP, he felt that no-body would understand what the ACE meant and that he has other certifications that people don’t understand the acronyms after his name. This is a huge marketing opportunity for you and your company as most large bids require certified entomolo-gists to be on staff, and I can tell you that our company has specifically won bids based on this certification and helps set us apart from our competitors. It’s all in how you market yourself and your company. Please step outside the box and go for it - get this important certification. We are here to help you.
In closing I would like to thank everyone for their thoughts, prayers, cards, calls and visits!!! They mean the world to Amy and I. Treat-ments are progressing well, and I am being a good patient. We remain positive and strong through the support of friends, family, and our extended pest control family.
Thank you!Jeff
4 The PMP Reporter
Rodenticide...continued from cover
vulnerable to commensal rodent invasions and/or to harboring or attracting rodent infestations provided that infestations of these rodents have been con-firmed. Efforts should be made to remove food trash, garbage, clutter, and debris.”
“Bait must be placed no less than 6 inches into active Norway/roof rat burrows. Do not broadcast bait.”
• On all first-generation anticoagulants and non-anti-coagulants professional and agricultural products labeled for application in rodent
burrows:“This product may be ap-
plied to active rodent burrows to control Norway rats, and roof rats within or beyond 100 feet of buildings and man-made structures, provided that infesta-tions of these rodents have been confirmed.”
“Bait must be placed no less than 6 inches into active Norway/roof rat burrows. Do not broadcast bait.”
“Because Norway/roof rat infestations may occur in areas farther than 100 feet from build-ings and man-made structures when the rodents have ample
supplies of food and cover, ef-forts should be made to remove food trash, garbage, clutter, and debris.”
NPMA cautions PMPs that this language will appear on products in the future but that products currently being used must be used in accordance with their current labeling. With the potential for three different labels to be on rodenticide pack-aging, it is essential that you advise your technicians to look at the product and confirm that they are using the rodenticide according to the label on that container!
Spring 2012 5
Virginia_Half_Page_Ad_Winter_Layout 1 2/14/12 10:27 AM Page 1
6 The PMP Reporter
This notification is to alert pest control operators about special considerations for management of Nutria (Myocastor coypus) in Virginia. Nutria is an aquatic mammal similar to a muskrat that is native to South America. It was introduced into the United States as an alterna-tive for the fur market and has spread into many wetland habitats causing significant damage to natural habitats and property. Currently, there is no specific federal or state program for eradicating these pests in Virginia and requests from individual property owners may come directly to pest control
Wildlife Management Alert: Nutriabusinesses.Damage: Habitat and prop-erty damage encountered may include damage to wetland vegetation in marshes, ponds,
lakes and canals; damage to landscaping plants, shrubs, or trees through gnawing; dam-
age to levees or dams through burrowing or erosion; and damage to fruit or vegetable gardens or crops, especial-ly strawberries and melons or gourds (pump-kins). Range: Nu-tria previously expanded their range into Virginia from North Carolina and Maryland. They are com-mon South of the James River and Chesapeake Bay, East of Suffolk, includ-
ing the localities of Suffolk, Portsmouth, Norfolk, Chesa-peake, and Virginia Beach. Nutria are occasionally found in Isle of Wight, Southampton, and Surry Counties. There have been no recent reports of nutria on the Eastern Shore of Virgin-ia, but there have been historic reports in northern Accomack County.
Special notes: Nutria are clas-sified as a nuisance species by the Commonwealth of Virginia. No permits are required to
take these animals. However, all state and local laws, regula-tions, and ordinances regulating methods of take must be fol-lowed, and they may not be shot on Sunday (except when eutha-nized by gunshot after trapping). Nutria cannot be possessed live, relocated or released (§ 29.1-545. Possession, sale, of-fering for sale, or liberation of live nutria). Resources:This is an invasive species, Nutria sightings and take should be reported to the following website: http://www.cmiweb.org/nutria/ReportaNutria.asp?Report=Intro
For information on manag-ing nutria damage, contact the USDA WS Program at 804-739-7739. For general information on Nutria and for legal and permitting questions, contact VDGIF at 804-540-9390.
By Scott C. Barras, Ph. D., State Director, Virginia Program, USDA APHIS Wildlife Services
Spring 2012 7
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8 The PMP Reporter
Mold Remediators: Certification and Licensing...
By Micah Raub, Program Coordinator, Office of Pesticide Services, Virginia Department of Agriculture and Consumer Services
The Office of Pesticide Services (OPS) has received questions about whether mold remediation businesses need a Pesticide Business License and whether employees of such busi-nesses must be certified to apply pesticides to manage molds and other fungi. Under the current law, a pesticide business license is only required if a business ap-plies a pesticide commercially.
Any activities which do not involve the use of pesticides would not fall under the scope of the Virginia Pesticide Control Act (Act). This would include inspections for molds and other fungi, physical removal of mold or infested materials, installation of vapor barriers or ventilation fans, and other environmental modifications.
The Act and related regula-tions do require businesses that apply pesticides, such as fungi-cides, to be licensed if they apply the products commercially unless exempted by law. Currently, the only activities which do require licensing are those that involve the treatment of fungi which cause structural damage to wood (wood-rot fungi). Brown rot (ex. Poria monticola or Serpula lacrymans), White rot (Phellinus magaloporus or Poria Contigua), and Water-conducting (Merulipo-ria incrassate) fungi are specific examples of wood-rot fungi. If
a company uses pesticides to manage or treat for these organ-isms they would need to have a pesticide business license and have their applicators certified in category 7-B (Wood Destroy-ing Pest Control).
While other molds may grow on the surface of damp wood they may not be consid-
ered “wood-rot” fungi. Surface molds, “mildews,” and stain fungi may be found on wood surfaces and be visibly unap-pealing but do not cause struc-tural degradation and are not considered wood-rot fungi.
Typically, the growth of such molds can be managed by reducing the moisture in the ar-eas where they are found. Com-panies which provide cleaning services to remove such molds that only apply nonrestricted use sanitizers, disinfectants and ger-micides would not be required to obtain a Pesticide Business
Example of damage due to water conducting fungi which is a type of wood-decay fungus.
License or have certified applica-tors employed.
Although these products are still considered pesticides, the Regulations specifically exempt such activities from the require-ments for certification and licens-ing. Businesses and applicators would still have to comply with the labels of any pesticides which are used even if licensing and certification is not required.
Businesses involved in mold identification or remediation are required to be licensed by the Vir-ginia Department of Professional and Occupational Regulation un-der the Board for Asbestos, Lead, Mold and Home Inspectors. In some cases, such as when treating for wood decay fungus, a business may be required to obtain a Vir-ginia Pesticide Business License from VDACS in addition to the license required by VDPOR. Any pesticide used to manage mold, mildew or similar organisms has to be registered for use with the OPS.
If you have any questions regarding pesticide regulation in Virginia, do not hesitate to contact the Office of Pesticide Services. Program specific contact informa-tion is available at http://www.vdacs.virginia.gov/about/directo-ry-cp.shtml#pesticide . You may also call the Office of Pesticide Services at 804-786-3798.
Spring 2012 9
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10 The PMP Reporter
The fumigants methyl bromide and phosphine are classified as hazardous air pol-lutants (HAP) under the federal Clean Air Act as well as under Virginia’s air pollution control regulations. The Department of Environmental Quality (DEQ) air regulations require a minor New Source Review (minor NSR) permit for facilities that emit HAP above a specified exemption threshold level. The exemption threshold levels for methyl bromide and phosphine are provided below:
Methyl Bromide: Hourly: 1.254 pounds/hour Annual: 2.755 tons/year
Phosphine: Hourly: 0.0462 pounds/hour Annual: 0.0609 tons/year
However, last year, the Vir-ginia General Assembly enacted a law exempting Qualified Fu-migation Facilities (QFF) meet-ing specific requirements from obtaining a minor NSR permit from the DEQ. The law became effective on July 1, 2011.
This exemption does not apply to facilities that are clas-sified as “major.” A facility is major if you have the potential to emit 10 tons per year (tpy) of either methyl bromide and/or phosphine or 25 tpy of any com-bination of all HAPs at the fu-migation site. Fumigation sites with the potential to be major but do not have actual emissions
Fumigations Overseen by DEQequal to or greater than 10/25 tpy may request a permit from the DEQ to limit their poten-tial to below the major source threshold levels.
If the potential major source facility does not choose to limit their potential HAP emissions or is already emit-ting at or above the major HAP threshold level, the facility is re-quired to submit an application for a major source of hazardous air pollutants major NSR per-mit.
This permit is commonly referred to as an Article 7 per-mit or a §112(g) case-by-case MACT permit. It is important to note that all fumigations per-formed or planned at a particu-lar location must be totaled and compared to the major source threshold level.
The exemption applies only to commodity fumigation operations. A commodity is a tangible good or product that is for sale or barter. Examples may include but are not limited to grains, nuts, tobacco, furni-ture, fruit, logs, etc. If you are using either methyl bromide or phosphine for non-commodity fumigations such as dormitory mattresses, the exemption does not apply.
To qualify for the permit exemption, the potential fumi-gation emissions must be above the exemption level but below the major source threshold level and, the fumigation site must meet at least one of the follow-
ing requirements:
a. Maintain a distance of at least 300 feet from either the fence line or prop-erty line if not fenced or 300 feet from an area not regularly occupied by the public. DEQ may waive this requirement on a case-by-case basis.
b. Employ a capture and control system for the fumigation operation.
c. Monitor the fence line/property line during fumigation and aeration operations using appropri-ate monitoring equipment and methods (i.e. NIOSH, widely accepted industry standards) so that fumigant ambient concentrations do not exceed the more stringent of either the Department of Labor and Industry exposure limits or the parts per million (ppm) standards stipulated in the federally approved pesti-cide labeling of the fumi-gant in use.
If you qualify for the exemption, you must post signs notifying the public of fumiga-tion operations prior to com-mencing fumigation operations. The signs must be visible and legible at the fence or property line closest to any public right-of way. The signs must remain
By Patty Buonviri, Virginia DEQ
Spring 2012 11
in place until completion of the aeration process and must con-form to the format for placards mandated by the federally ap-proved fumigant label.
QFFs are responsible for completing and submitting in-formation to the DEQ before and after each fumigation event. A form for the pre-fumigation noti-fication and post-fumigation re-port is available on the DEQ Vir-ginia Small Business Assistance webpage (www.deq.virginia.gov/Proframs/AirSmallBusines-sAssiatance/NewResourcesand-RegulatoryUpdates.aspx). The Initial Notification portion of the form must be submitted prior to commencing the planned fumiga-tion event. After completion of
the fumigation event, the form must be resubmitted within four business days with the additional information required in the Post Fumigation section of the form. Also available on the SBA web-site is a fact sheet and guidance document which provides ex-amples on how to calculate your potential emissions.
The second part of the law requires the DEQ to conduct enhanced air monitoring at fumigation sites by July 1, 2013. This summer, the DEQ will begin an air monitoring study in order to assess the degree and extent to which emissions of methyl bromide from fumiga-tion operations impact the local community. Air sampling will
occur at projected maximum concentration locations and at potential human exposure sites. The sampling will generate data describing maximum concentra-tions, 24 hour exposures, hourly acute concentrations and ambi-ent degradation curves .
The Virginia Department of Health will evaluate the moni-toring results and assist DEQ to determine if additional measures are necessary to protect public health.
For additional information you may contact Patty Buonviri of the Virginia DEQ at (804) 698-4016 or [email protected]
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On November 27, 2006, EPA issued a final rule to codify its interpretation of the Clean Water Act as not requiring NPDES permits for application of pesticides to, over, including near waters of the United States, if the applications are consis-tent with Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requirements.
However, in January 2009, the 6th Circuit Court of Ap-peals vacated the EPA final rule and stated that EPA had not interpreted the Clean Water Act correctly. The result of that decision meant that the National Pollutant Discharge Elimination System (NPDES) permits were required for certain pesticide uses. Because of this decision, the EPA and all states delegated to issue NPDES permits (as in Virginia - VPDES) were re-quired to develop this general permit regulation.
This permit is available to operators who discharge in or over, including near, surface wa-ters from the application of bio-logical pesticides or chemical pesticides that leave a residue. The specific uses covered under the permit are for pesticide ap-plications to control mosquitoes and other flying insects, weeds, algae, pathogens, animals and forest canopy pest control.
VPDES General Permit for Discharges Resulting from the Application of Pesticides to Surface WatersBy Elleanore Daub, DEQ
The Virginia Department of Environmental Quality (VA-DEQ) permit became effective on October 31, 2011, and will expire on December 31, 2013. The Department of Environ-mental Quality is already begin-ning the rulemaking process to readopt the general permit regulation in order to cover pes-ticide discharges after Decem-ber 2013.
Coverage under the Vir-ginia permit requires no regis-tration or registration fee (i.e. pesticide operators are auto-matically covered as of Oct 31, 2011). Entities needing cover-age are referred to as “opera-tors.” Operators are defined as the person that has control over the financing for or the decision to perform pesticide applica-
please see VPDES, p. 14
Spring 2012 13
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14 The PMP Reporter
tions to surface waters (e.g., a homeowner who decides to hire someone to remove their aquatic pests); or the person who has day-to-day control of pesticide application (e.g., applicators that are authorized to direct workers to carry out activities required by the permit or perform such activities themselves). Both the decision maker/financier and the applicator are “co-permittees.” Although ensuring compliance with permit requirements may be undertaken by one party (e.g., the decision maker may make part of their contract with the applicator that all the terms of the permit will be undertaken by the applicator), both are still liable for any violation of the permit.
Here is a list of steps to permit requirements:
1. All operators should download their permit from web site below and keep in their possession whether at an of-fice or in a truck, hard copy or electronic. Please note there is the general permit regulation (9VAC25-800 sections 10-70) which contains definitions, authorizations and other pro-cedural information in sections 10 - 60 and the general permit itself is in section 70. Your gen-eral permit has been extracted from the regulation and is on DEQ letterhead and entitled “2011 Pesticide General Permit (VAG87).”
2. Read your permit. If you have questions contact
DEQ. There is an accompany-ing fact sheet on the web site below to explain each section in more detail. Do not get over-whelmed by the size of the fact sheet. This electronic document may be used to search on key words to obtain a more detailed explanation.
3. The permit require-ments are as follows:
Part I A of the permit con-tains the effluent limitations:
Part I A 1 - All operators applying pesticides to surface waters have to minimize pes-ticide discharges to surface waters by following the label on the product and keeping equip-ment in sound working order (these same types of require-ments are repeated as a ‘moni-toring requirement’ in Part I B of the permit). There are also cut - off and backflow valve requirements.
- All operators are to ad-
here to Integrated Pest Manage-ment (IPM) practices. The IPM considerations are spelled out in this section for the four pesti-cide use patterns.
Part 1 A 2 - All opera-tors must meet water quality standards. This is another regulation (9VAC25-260) that DEQ maintains that contains numerical and narrative expec-tations of water quality needed to maintain the beneficial uses of surface waters in Virginia. It is expected that meeting the requirements of the permit will ensure that water quality stan-dards are met.
Part I B of the permit con-tains monitoring requirements:
Part 1 B 1 - Pesticide ap-plicators monitor the amount of pesticide applied such that the lowest effective amount is used.
- Pesticide applicators monitor to ensure equipment is maintained and proper operating conditions to reduce leaks and spills.
- Pesticide applicators monitor to ensure application equipment is properly cali-brated, cleaned and repaired per manufacturer’s conditions and industry practices.
Part I B 2 - All operators do visual monitoring (when fea-sible) for adverse incidents (if any, like a non-target fish kill). Adverse incidents are reported and corrective actions taken in the case of a spill or adverse incident (see Part I D).
Part I C contains the requirement for a Pesticide
The VPDES permit is available to opera-tors who discharge in or over, including near, surface waters from the application of biological pesticides or chemical pesticides that leave a residue for the control of mosquitoes and other flying insects, weeds, algae, pathogens, ani-mals and forest canopy pest control.
VPDES...continued from page 12
Spring 2012 15
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Discharge Management Plan (PDMP) for some operators.
Operators that exceed cer-tain acreage or mileage thresh-olds have to prepare a PDMP. The thresholds and how to mea-sure them are in the regulation in section 30 on the web site below. Generally, this is 6400 acres for mosquito and forest canopy pest control, 80 acres for other uses and 20 linear miles at water’s edge and for other smaller water conveyances.
The PDMP should be prepared before the first appli-cation. For operators who did not know until after commence-ment of discharge that they were going to exceed the thresholds must prepare the PDMP before they exceed the threshold.
Part I C 1 -7 - What goes into the PDMP and due dates are listed in this section. Gen-erally, the PDMP contains the pesticide discharge management team, pest management area de-scription, control measures and schedules and procedures. DEQ has a PDMP template at the web site below but you don’t have to use that template and DEQ does not need to approve or see your PDMP. DEQ will likely ask to see it if there is a citizen complaint or adverse incident (defined in the regulation in sec-tion 10). The PDMP must also be signed by an ‘authorized’ in-dividual (signatory requirements are in Part I C 6).
- The PDMP must be kept up to date and modified when
needed. It is a ‘living’ docu-ment but also must be reviewed annually by the operator.
Part I D contains special conditions.
Part 1 D 1 - Corrective action must be taken if there are incidents of various sorts (e.g. spills, leaks, not meeting permit requirements, adverse incidents). If you have written control measures (such as in a PDMP), it may be necessary to change those after an incident and that must be done before the next pesticide application. Vari-ous aspects of the incident must be documented (e.g., what hap-pened, date, corrective action and prevention) unless it was an
please see VPDES, p. 16
16 The PMP Reporter
Univar PP&S has the answer.
We also have a Pro Center near you in Richmond.For whatever questions you have about pest management, Univar PP&S has the answer. We have the people, the products, the technology and the educational resources you need to better serve your customers and build a stronger business. Learn more at PestWeb.com or call (800) 888-4897.
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adverse incident or reportable spill or leak (those have their own set of special conditions).
Part 1 D 2 - You must noti-fy DEQ of adverse incidents by phone or email within 24 hours (DEQ contact information is at the end of Part I). A five day written report (deadlines and procedures in the permit) is also due. Information needed by DEQ for 24-hour and five day reporting is listed in Part I D 2. Threatened and endangered species adverse incidents have additional reporting require-ments to other state and federal agencies. An annual report is due to the DEQ compliance
manager by February 10 if there were any adverse incidents dur-ing the previous calendar year. Submittal of paperwork to DEQ is only required when there is an adverse incident. DEQ believes that proper application of pesti-cides in accordance with FIFRA requirements will not cause an adverse incident.
Part 1 D 3 - This section contains requirements for spills and leaks that are reportable under 40CFR 110, 117 and 302 (reportable concentrations of oil and hazardous substances).
Part 1 D 4 - This section contains recordkeeping and annual reporting requirements. Adverse incident and corrective action documentation records are kept. Larger acreage op-erators must keep records of
application information but these records match Virginia Department of Agriculture and Consumer Services (VDACS) requirements. Annual report-ing is only required for adverse incidents. Records are kept 3 years after permit expiration.
Part II - Contains condi-tions applicable to all permits. These conditions go in all VP-DEs permits.
4. Note the permit ‘ex-pires’ in Dec 2013 and DEQ has begun the process to reissue it. Please check the website in the fall of 2013 to look for changes.
For more information visit: http://www.deq.virginia.gov/Programs/Water/WaterQuality-InformationTMDLs/Pollution-DischargeElimination/Permits-Fees.aspx#pest
VPDES...continued from page 15
Spring 2012 17
18 The PMP Reporter
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VPMA
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Welcome New Members!
Advance Guard Pest Control,Tyrone Smith, Aldie, VA
Bug-Masters LLCJon Tari, Virginia Beach, VA
Noble Pest Management Bruce Noble, Grimstead, VA
Frontline Pest Professionals,Kathy Adler, Manassas, VAVPMA members - Know a company that would enjoy the benefits of membership? If so, please invite them to join. Our own members are our best ambassadors! If a new member lists you as referring them on their membership application you will receive a $50 voucher for any VPMA Education program. New members will also receive a voucher for 1/2 off any VPMA eductional program.
It is with great sadness that VPMA announces the passing of Richard Henry Kiehna of Colony Pest Control, Fredericksburg, VA. Rick was a long standing member of VPMA and he will be sorely missed. On behalf of the VPMA Board, our members and the pest management industry, our condolences go out to his wife, Candra, and their three children.
Rick passed away on Sunday, March 18th follow-ing a motorcycle accident in South Carolina. His funeral was held on March 23rd in Tennessee, followed by a memorial service will be held in Fredericksburg on March 31st.
Condolences can be sent to:Colony Pest ControlP.O. Box 41247Fredericksburg, VA 22406
In Memory of Richard Kiehna
Spring 2012 19
20 The PMP Reporter
While there are no pesti-cide notification requirements in either the Pesticide Control Act or the various regulations pro-mulgated under the Act, other Virginia laws have pesticide notification requirements related to multi-family or multi-unit dwellings.
Specifically, pesticide notification is required un-der the Condominium Act (§ 55-79.80:01 of the Code of Virginia), Virginia Real Estate Cooperative Act (§ 55-464.1 of the Code), the Virginia Residen-tial Landlord and Tenant Act (§ 55-248.13:3 of the Code) and the Property Owners Association Act (§ 55-510.3 of the Code).
Multi-Family or Multi-Unit Pesticide Notification Regulations Requirements
Each of these Acts essen-tially includes the same verb-age, that places the burdon on the home owners’ association or the apartment management company to make posting and notification to tenants:
“Unit owners’ associations shall post notice of all pesticide applications in or upon the com-mon elements. Such notice shall consist of conspicuous signs placed in or upon the common elements where the pesticide will be applied at least forty-eight hours prior to the applica-tion.”
These laws are not admin-istered by the Office of Pesticide Services (OPS) and OPS is
unable to provide any interpre-tations or information regard-ing compliance with any of the requirements of these laws.
Issues or concerns related to notification requirements prior to the application of pesti-cides should be addressed with the property owners’ association or the management company re-sponsible for the common areas where the application will occur. When in doubt, you should consider seeking qualified legal advice.
Complete language for each of the Acts can be found on the OPS website http://www.vdacs.virginia.gov/pesticides/regs-laws.shtml
The Tidewater Pest Con-trol Association represented the pest management industry at the Virginia Beach Home and Gar-den Show on March 10, 2012 at the Virginia Beach Convention Center.
The TPCA booth focused on Bed bug and Termite aware-ness. The Board of Directors worked alongside volunteer member companies to talk to consumers about this very im-portant time of year when Ter-mites swarm. They also showed them what Bed bugs look like
TPCA Represents Industry at Home & Garden Show
and educated them about the importance of early detection and treatment of this difficult, and ever emerging pest.
George Wright of 1st Choice Pest Control said, “Some people were really interested in looking at live bed bugs under the microscope. Others were just struck by the ick factor,
but large crowds flocked to the booth when TPCA held bed bug inspection demonstrations on a mock bed throughout the day.” TPCA handed out cards that encouraged consumers to go to the TPCA website to find member companies when they were seeking pest management assistance.
Pictured above are Jim Murphy, Getem Termite & Pest Control and Bob Herget, Pro-Techs Exterminating Inc.
Spring 2012 21
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22 The PMP Reporter
VPCA PAC 2012 Goal VPMA has set a goal of raising a total of $10,000 to cover 2012 expenses and replenish funds to cover expenses in the immediate future. VPMA’s Board voted to use general funds to match any VPCA PAC donations, up to a total of $3250, in 2012. So, right now any contributions made will be worth twice as much to the PAC Fund!
What is VPCA PAC?VPCA PAC is the Political Ac-tion Committee representing the interests of pest management
Sit up and take notice. Stand up and be heard.
Have your voice represented in Richmond!firms in Virginia and members of the Virginia Pest Manage-ment Association. VPCA PAC is a financial tool used by VPMA’s Legal, Legislative and Regulatory Committee. VPCA PAC pays for hiring a lobbyist, covering lobbying expenses and making contributions to strategi-cally important General Assem-bly candidates: incumbents and challengers, Democrats and Re-publicans. Our single, overrid-ing consideration is the strength of the candidate’s commitment to the pest management industry in Virginia.
Be heard in RichmondEach day, members of the General Assembly in Richmond – and at their home offices – are bombarded with requests to initiate, support or oppose legislation by individuals, orga-nizations or entire industries (of which we are one!). These enti-ties are fighting for or against legislation that directly affects their business or personal lives. In this environment, the inter-ests of the pest management in-dustry can easily be overlooked.Now, more than ever, we cannot let this happen. We have seen
VPCA PAC
To make a contribution to VPCA PAC, please complete the form below and mail with your check made out: VPCA PAC, PO Box 7161, Fredericksburg, VA 22404. Please make all checks out to VPCA PAC, not VPMA. (Complete form for the individual or the company who is making the contribution.)
Name:__________________________________________________________________ Address:_________________________________________________________________
City: _________________________ State: ______ Zip: ______ Phone: _____________
If this is an individual contribution, complete the following:
Name of Employer: _______________________________________________________
Principal Place of Business: _________________________________________________ VPMA, PO Box 7161, Fredericksburg, VA 22404 540/374-9200 540/374-9221Fax VPMAonline.com
Spring 2012 23
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sweeping legislative changes occur in the last two years. Our interests cannot be ignored. Access to key legislators in Virginia is critical to shap-ing the pest management industry’s legislative agenda now and in the coming years. We must ensure that Virginia’s lawmakers know us, hear us and respond to us! That takes a strong Asso-ciation and direct member involvement.
How can you help?VPCA PAC provides you with a simple, yet powerful tool to make your voice heard above the clamor in Richmond. By contributing to VPCA PAC and combining your political donation with those of many other dedicated VPMA members, you help: • Elect candidates who are sympathetic to
the issues that VPMA members care about.
• Position the pest management industry as a serious player in Richmond.
• Open doors to legislative offices so VP-MA’s lobbyist and legislative committee can convince legislators to support a pro-pest management position.
Who Can Contribute? Any individual or company can contribute to VPCA PAC. As a contributor you will be rec-ognized for your support and kept up-to-date on VPCA PAC activities. But, most importantly, you will become an integral part of VPMA’s legisla-tive affairs program, a key component in our effort to strengthen the pest management industry in Virginia.No matter the size of your contribution, every dollar will have a positive impact on VPMA’s ability to react to legislation that effects our industry. Everyone involved in the pest manage-ment industry will benefit from the legislative work the Association will perform on behalf of our members and industry - everyone involved in the pest management industry is encouraged to make a contribution!
24 The PMP Reporter
