Recently in Federal Insecticide, Fungicide, and Rodenticide Act Category

    The EPA cited a Santa Ana, Calif. based corporation for allegedly selling and distributing a "Cleaner & Mildew Stain Remover" with claims that  it removed algae and fungus. 

The EPA was made aware of the violation through a California Department of Pesticide Regulation retail inspection of Home Depot retail store.  

     "Products whose labels make claims to remove living organisms, including algae and fungus, are considered pesticides and must be registered," said Katherine Taylor, Associate Director of the Communities and Ecosystems Division of the EPA. "Companies who market unregistered cleaners with pesticide claims are in violation of Federal law and may be subject to fines."
 
    Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. The sale or distribution of a pesticide that has not been registered with the EPA is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act, which requires registration of pesticide products and pesticide-production facilities, as well as proper pesticide labeling.

For more information on pesticide regulation and enforcement, please visit www.epa.gov/pesticides/

Surface water pollution from urban pesticide use is a known, widespread problem in the U.S.  This has been documented not only by USGS, but also by numerous scientific studies by academic researchers, data from municipal urban runoff programs, and surface water impairment designations under section 303(d) of the Clean Water Act (often these listings are for "toxicity" rather than a specific pesticide).  U.S. EPA's pesticides office is keenly aware of this problem.

Pesticide-related Toxicity in Surface Waters

In California, pesticide-related toxicity in surface waters receiving urban runoff is has been severe and widespread since the mid-1990s. Addressing this toxicity is a priority for Calfornia's water and pesticide regulators. With the phase-out of most urban uses of diazinon and chlorpyrifos, the toxicity has shifted--it is now occurring in both the water column (during storm events) and sediments (all the time) in urban creeks across California. 

The current toxicity is associated with the use of the currently most common class of urban insecticides--the pyrethroids (i.e. bifenthrin, cypermethrin, cyfluthrin, etc.).  Similar toxicity has also been documented in Texas urban areas.

Substituting Pesticides Also Causes Biodiversity Problems

Since some in this thread mentioned pesticide phase outs, it is important to recognize that the likely substitute for pyrethroids is fipronil, which is already seeing growing use in California--and is beginning to appear in surface water at levels close to those known to be toxic to sensitive aquatic organisms.  It is becoming clear that simply changing pesticides isn't going to solve these water quality problems.

Professional Insecticide Applicators Are the Link

Substantial effort is underway in California to identify the sources of pesticide-related urban surface water toxicity.  Available data show a direct link to outdoor, above-ground insecticide applications by professional applicators. 

Ants Are the Most Common Insect Problem in California

In California, ants are the most common insect problem and it is a common practice (particularly among commercial property owners and multi-family residential property managers) to retain a professional applicator to spray a band of insecticides around structures every 1-2 months.  Much of the treated area around structures is impervious surface, some of which is directly connected to storm drains (DCIA). 

Pre-construction termiticide and Post-construction Pyrethroids

Other possible sources include pre-construction termiticide ground surface treatments (if a rain event occurs before building foundations are poured), and both professional and non-professional applications in other outdoor locations (applications to lawns/landscaping have not been ruled out as potentially meaningful contributors to toxicity).

Underground injection of pyrethroids (i.e., for post-construction termite control) is unlikely to contribute to surface water toxicity.  Most California municipalities are served by separate storm drain systems comprised completely of hard surfaces (i.e., no vegetated channels)--thus pesticides in runoff are efficiently delivered to urban creeks.

Greatest Water Pollution Problem: Insecticides vs Herbicides

There is a long-time myth that homeowner lawn/garden applications of pesticides (particularly herbicides) are a big problem.  Maybe they are in some locations, but available scientific data strongly suggest that insecticides--not herbicides--are of greatest concern in urban areas and that (at least in California) professional pesticide applications--and intentional applications of pesticides to impervious surfaces--should be the priorities for stormwater quality management.

Urban Pesticides Pollution Prevention Project (UP3 Project)

With grant funding from the California State Water Resources Control Board, the Urban Pesticides Pollution Prevention Project (UP3 Project) is working with U.S. EPA, California EPA, municipalities, and other stakeholders to understand and prevent pesticide-related surface water pollution.  Pesticide regulators and pesticide manufacturers are aware of these problems and are working to change their systems to address them.  For more information (and reports that document the statements above), please see www.up3project.org.

Kelly Moran, Ph.D.
TDC Environmental
UP3 Project

P.S. Wastewater treatment plants are not immune to pesticide-related problems.  Discharges of certain pesticides (including biocides) to municipal wastewater treatment plants have been problematic, in some instances, for compliance with NPDES permit effluent limitations and operation of biological treatment processes.

The Toxic Substances Control Act (TSCA) granted the EPA authority to create a regulatory framework to collect data on chemicals in order to evaluate, assess, mitigate, and control risks that may be posed by their manufacture, processing, and use. TSCA provides a variety of control methods to prevent chemicals from posing unreasonable risk.

It is important to note that pesticides as defined in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) are not included in the definition of a "chemical substance" when manufactured, processed, or distributed in commerce for use as a pesticide.

Healthcare facilities may be subject to TSCA through:

• Lead hazard reduction regulations;
• Hexavalent chromium regulations under 40 CFR 749.68, replace hexavalent chromium compounds with phosphate based chemicals for water treatment in industrial cooling towers;
• Polychlorinated Biphenyls (PCB) hazard reduction regulations; and
• Asbestos hazard reduction regulations.

Green Career Certification Program

The Training & Certification Program for Lead-Based Paint Activities (TSCA Section 402/404) ensures that individuals conducting lead-based paint abatement, risk assessment, or inspection are properly trained and certified, that training programs are accredited, and that these activities are conducted according to reliable, effective, and safe work practice standards.