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HomeMy WebLinkAboutCIWMB and Dept of Pesticide Regulation Green Waste Diversion Programs CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: Authorize the Mayor to send a letter to the California Integrated Waste Management Board and Department of Pesticide Regulation recommending the restriction or banning of Clopyralid use to promote efforts in mitigating potential impacts of the Herbicide on Green Waste Diversion programs (Compost). SUBMITTED BY: Robert Kohn, Contracts Administrator Date: March 28, 2002 CONTENTS: 1. Staff Report 2. Research Report and Attachments 3 and 4 Recommendation: Staff recommends that the Mayor send a letter to California Integrated Waste Management Board (CIWMB) and Department Of Pesticide Regulation (DPR) supporting legislation that would either ban or limit the use of the Chemical Clopyralid in California. Executive Summary: According to California Integrated Waste Management Board's (CIWMB) Agenda Item No. 2 and feedback from other resources within the Coachella Valley, while Clopyralid has been found in two facilities in California neither government entities nor businesses have experienced any money losses or claims, at least not recorded. However, there is significant concern regarding the continued use of Clopyralid and its potential negative affect on the compost industry and the cities and counties ability to maintain diversion plans to meet the 50% diversion mandate. As a result, CIWMB is proposal several options to the Board as outlined in the Attachment 3. f City Council Staff Report Re: Clopyralid Use However, according the CIWMB report as reported by the Seattle Times, the State of Washington on the other hand has experienced money loss by, at least, one compost facility lost sales, the City of Spokane had $13,000 brought against the City, and the State of Washington paid over $250,000 to cover claims from growers, gardeners, and nursery operators (see CIWMB Agenda Item 2, Background). The State of Washington has already approved and put in place as of March 1, 2002, the "Emergency Rule Restricting the Use of Clopyralid." (See Attachment 4) Discussion: Councilman Buford Crites forwarded a Los Angeles Times article about the weed killer Clopyralid to Assistant City Manager Sheila Gilligan. Community Services Staff has conducted extensive research into the known use and impacts of the herbicide "Clopyralid", which is produced and marketed by Dow AgriSciences. Clopyralid is a herbicide used primarily by farmers and lawn-care (turf) professionals in controlling broadleaf weeds. It has several trade names including Confront, Stinger, Lontrel, Transline and others. The first known problem with compost containing Clopyralid used in production of food products and ornamentals occurred in the State of Washington. Traces of the chemical have shown up in test samples of compost in Los Angeles and City of San Diego. However, no traces of the chemical have shown up or been reported in compost facilities within the Coachella Valleys. According to Mary Matava of Agri Service, Incorporated and Dave Hardy and John Beerman of California Biomass, all of their compost laboratory tests to date, have shown a "non-detect" reading of Clopyralid. The chemical "Clopyralid" could have devastating effects on local waste diversion numbers and the local processors as the two major local compost companies report that, at least, 60% - 70% of their product is used in some form of agriculture (vegetables, citrus, ornamentals, etc.). Staff is recommending that the Mayor send a letter to the CIWMB and DPR urging and supporting a ban or restricted use of the chemical (Clopyralid). Submitted by: a artment Hea OBERT P. K HN SHEILA GILLIGAN Contracts Administrator Assistant City Manager f Community Services * Referred to the Legislative Review Committee Approval: for its recommendation. /� CITY COUNCIL ACTION: DENIED / /� APPROVED.. CARLOS ORT/GA RECEIVED OTHER City Manager ..��, AYES: DA E��` A AYES: � ' CvvTr�l ll''ti�i��s f�cb t +N� 1 NOES: AV1L ABSENT: ABSTAIN: G VERIFIED BY: ��y,/Q��/) 'm H:\FRIDDLE\WPDATA UAEMOS\CLOPVLARID.CC.DOC Original on File rttlth City Clerk's Office , .--. ��-�s CITY OF PALM DESERT IraMIA COMMUNITY SERVICES DEPARTMENT %gvt im` die r o4 4 INTEROFFICE MEMORANDUM .,.,a 3J•�r To: ROBERT P. KOHN, CONTRACTS ADMINISTRATOR From: FRANKIE RIDDLE, MANAGEMENT ANALYST Date: MARCH 3, 2002 Subject: RESEARCH ON CLOPYRALID USE, SUGGESTED RECOMMENDATIONS, AND ITS IMPACT ON THE COMPOST INDUSTRY Per your request, research was conducted on the use of Clopyralid, its effects, and legislation on this issue at a local level, the State of California, and State of Washington. Staff contacted several sources to determine the use of this herbicide and any effects. After some research, it was apparent that several products contained the herbicide Clopyralid. Some of the known products to contain Clopyralid are Confront, Stinger, Lontrel, Reclaim, and Translini Anatek. It was noted that Clopyralid is an herbicide used to kill broadleaf weeds and was originally used for agriculture. This was not a real problem until green waste recycling (50% diversion and composting) came into play. Contact was made with the Palm Desert Public Works Department regarding use of the herbicide within parks and medians and Rudy at Desert Willow was contacted regarding the use of this herbicide on the courses. Other agencies contacted were: California Bio-Mass, Inc. (the major compost facility that receives green waste from Waste Management), Shirley Wild- Wagner of California Integrated Waste Management Board, and Dave Galvin, King County Washington to determine if there had been any reported impact locally as well as within the state and any proposed legislation. Outlined below is information obtained from each of the contacts made and the results: I. City of Palm Desert and Desert Willow: Staff contacted Ernie Owens, Public Works Parks regarding use of weed killers and other products used on City parks and medians. Ernie provided a list of chemicals (Attachment 1) used by the Public Works Department on City parks and medians, etc. Spencer Knight reviewed the list to determine if Clopyralid was a component of the listed products. To his knowledge none of the products listed contained the noted herbicide. Research on Clopyralid Use, Suggested Recommendations, and Impact on the Compost Industry Desert Willow Maintenance Supervisor Rudy was contacted to determine if Clopyralid was used as weed control on Desert Willow courses. Rudy indicated that the primary products used in the maintenance of landscaping and courses are Premo, Roundup, and Reward. II. California Bio-Mass: Staff contacted John Beerman of California Bio-Mass regarding local effects, composting process, and testing of Clopyralid at its facility. California Bio-Mass is one of the primary companies that receive green waste from Waste Management of the Desert. Since becoming aware of this issue, Mr. Beerman has done several things to determine the presence and damage of Clopyralid in the compost. Some of the items reviewed by California Bio-Mass are: (1) Surveying of some of the local suppliers of landscape and turf products and according to the ones contacted most of their products are sold to customers out of the Coachella Valley area; (2) monthly testing; and (3) on-site planting of green beans and peas within compost to determine growth and presence of the herbicide. He noted that the compost process cycle undergone at California Bio-Mass is a two stage composting processing cycle. By the time the material arrives on-site it is a 12-month cycle; the first stage is 6 to10 months, the second stage is 60 to 90 days, and the third stage is a curing pile for cool down. As part of the process, monthly testing is undertaken to determine the presence of pathogens (i.e., fecal coliform salmonella, and heavy metals) (Attachment 2). California Bio-Mass is testing for the herbicide in the parts per billion. They, as well as other compost facilities in the state, are currently testing and monitoring for the presence of Clopyralid. California Bio-Mass distributes all of its compost back into the market except for cogeneration (Colmac) use. The distribution is approximately somewhere around 65% - 70% agriculture, 15% - 20% landscape and golf courses, and 10% nurseries, except for cogeneration (Colmac) use that is approximately 10% - 15%. None of the compost is utilized as Alternative Daily Cover (ADC). III. California Integrated Waste Management Board: Staff spoke with Shirley Wild-Wagner at the CIWMB regarding Clopyralid and what was occurring at Board level. According to Ms. Wild-Wager the CIMWB is aware of the impact of this herbicide and will be addressing this issue at the March 6, 2002, CIWMB Board Meeting. The Agenda Item, under"Background", discusses the history and to date actions taken by CIWMB to address this issue in California and briefly the impact on Washington. (See Attachment 3, Board Agenda Item 2) Outlined below are a few of the items addressed in the agenda item: Responsibility of CIWMB: CIWMB is responsible for regulating the composting facilities that could be affected by Clopyralid-containing feedstock, but it has no regulatory authority regarding pesticides; therefore, CIWMB has been working with the Department of 2 H:\FRIDDLE\W PDATA\RECYCLING\CLOPYRALI D2.DOC Research on Clopyralid Use, Suggested Recommendations, and Impact on the Compost Industry Pesticide Regulation (DPR) to review and assess the potential impact and solution to this issue. DPR has notified registrants of products containing Clopyralid about potential problems of compost contamination in California and of the department's intent to address the problems. Background: According to the agenda report, which refers to the Seattle Times, the State of Washington has experienced some misfortunes due to use of Clopyralid that was found in the compost. It was reported that in 2001 damages in lost sales by one facility was reported at $155,000 and claims of almost $13,000 were brought against the City of Spokane, and the State paid over $250,000. The report does not indicate that the State of California has experienced any damages due to this herbicide; however, reports verify the presence at two composting facilities, and that stakeholders and cities and counties are concerned that this could put a damper on consumer confidence, which would affect the ability to sell compost products and in-turn affect diversion efforts. The report does not provide information on monetary damages, if any. The report provides more detailed information of the actions taken by CIWMD. Some of the options being recommended by Stakeholders are: (1) The U.S. Composting Council has called on Dow to work with U.S. EPA to clarify the liabilities of applicators and harvesters regarding proper disposal or recycling of grass clippings or other Clopyralid-treated residues that might be applied to non-targeted plants, and to investigate approved applications for potential problems in compost and other applications. Also, that Dow should compensate composters and organic growers for costs associated with the use of this herbicide; (2) The GrassRoots Recycling Network has called for a ban; (3) Los Angeles County Board of Supervisors directed the Director of Health Services, the Agricultural Commission, and the County Sanitation Districts to investigate and report back within 30 days with recommended actions to ensure that this herbicide is kept out of county compost sites; and (4) Dow is considering a variety of label updates to clarify instructions and use restrictions. Potential Options for Board Discussion: CIWMB staff's recommendations to the Board are: (1) Prepare Board publications on Clopyralid and composting; (2) Publicize information, perhaps in coordination with DPR, on alternatives to chemicals; (3) Educate targeted end-user associations about labeling instructions, proper products use, and the need to avoid contamination of potential feedstocks; (4) Work with DPR, manufacturers, and composting and environmental organizations to develop recommended revisions to Clopyralid product labels and forward the recommendations to the U.S. EPA; (5) Work with DPR and composting organizations to establish a testing program or other investigatory protocol in California that would provide the technical information DPR needs to consider regulatory actions; and (6) Support legislation that attempts to mitigate or eliminate the potential effects of Clopyralid on the composting industry in California. 3 H:\FRIDDLE\W PDATA\RECYCLING\CLOPYRALID2.DOC Research on Clopyralid Use, Suggested Recommendations, and Impact on the Compost Industry IV. Discussion with Dave Galvin, King County, Washington State: Discussion with Mr. Galvin revealed that the original use of Clopyralid was in the agriculture field not the landscaping area. However, he noted that the herbicide did show up in the Washington State University's research when it was used with hay. This was due to contaminated hay and straw used for livestock bedding; the bedding and manure were subsequently recycled at compost facilities and then went back into the market. The real problem arose once this source was utilized for compost and sold back into the market for various uses (i.e., nurseries). It was noted that the original intent and use of the herbicide (i.e., agriculture) allowed for decomposition; however, now grass and hay clippings are recycled and transferred to compost facilities for recycling. It is speculated that the high temperatures generated (approximately 130 degrees Fahrenheit) does not allow the herbicide to break down. This has not been confirmed. (See Attachment 5) According to Mr. Galvin, the County has worked with the Department of Agriculture to ban the use of Clopyralid in the State of Washington in the lawn and turf fields. The only exemption would be golf courses, which would be required to retain grass and tree leavings on-site. There will be an Emergency Rule (Attachment 4) banning the use of this herbicide put into effect immediately. (Per email from Mr. Dave Galvin, the ban on lawn application of this herbicide went into effect on March 1, 2002.) V. Conclusion: If California does not take some type of action, it may start having similar experiences to the State of Washington. No action would eventually have a negative affect on the composting industry in California and locally. Continued use of Clopyralid could result in product damages that would result in loss of sales, which then could have the trickle effect and in the case of the State of Washington result in claims filed against the State and cities. Also, there is the potential negative affect on the State's, cities, and counties diversion plans and programs, and meeting the 50% diversion mandate. Frankie dle Management Analyst 4 H:\FRIDDLE\W PDATA\RECYCLI NG\CLOPYRALID2.DOC , CIWMB Meeting Agendas and T'-;uments Home Page Page 1 of 1 ATTACHMENT 3 California Home Integrated Wastc 1"ana<waront Boar. Sea.-}' Index Contact Us Help MeetingAgendas and Documents Home Page 9 Keyword Search lAll Meetings March 2002 ,Go] California Environmental Protection Agency CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD Linda Moulton-Patterson, Chair Dan Eaton, Member Steven R. Jones, Member Jose Medina, Member Michael Paparian, Member David A. Roberti, Member Agenda Briefing Workshop Wednesday, March 06, 2002 9:30 am Joe Serna Jr., CalEPA Building Coastal Hearing Room 1001 I Street, 2nd Floor Sacramento, CA 95814 AGENDA REVISED AGENDA Other 1. Review Of Monthly Board Meeting Agenda Waste Prevention And Market Development 2. Discussion Of Issues Concerning Use Of The Herbicide Clopyralid And Its Impact On Composting In California Agenda Item (Word 97,82 KB) Diversion, Planning, and Local Assistance 3. Discussion Of Petition For Rural Reduction Application And Process Agenda Item (Word 97,42 KB) , Agenda Attachment 2 (Word 97, 111 KB) , Agenda Attachment 1 (Word 97,34 KB) 4. Discussion Of Completed Contract Services With The Del Norte Solid Waste Management Authority Contract Number IWM C8069 The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see http://www.flexyouwwer.ca.gov/. [_private/footer.htm] California Integrated Waste Management Board Board Briefing March 6, 2002 AGENDA ITEM 2 ITEM Discussion Of Issues Concerning Use Of The Herbicide Clopyralid And Its Impact On Composting In California I. SUMMARY This item discusses the herbicide clopyralid and its impact on composting in California. Farmers and lawn-care companies like its effectiveness in controlling broadleaf weeds,the fact that it does not need to be applied as often as other herbicides, and its low toxicity. Composters and organic growers worry about its effect on California's composting industry because clopyralid does not easily break down in compost and is toxic to certain broadleaf ornamentals and vegetables, including sunflowers,beans,peas,tomatoes and potatoes. Local government officials are concerned about the ability of cities and counties to meet their AB 939 diversion requirements should the composting industry be negatively affected. In California,the Department of Pesticide Regulation(DPR)is the government entity solely responsible for evaluating pesticides and"registering"(i.e., licensing)their use in the state. The CIWMB is responsible for regulating the composting facilities that could be affected by clopyralid-containing feedstock,but it has no regulatory authority regarding pesticides in general or pesticide contamination in composting feedstock. For this reason, CIWMB staff has been working closely with DPR to investigate this problem and assess potential solutions. DPR recognizes that potentially phytotoxic residues of clopyralid in compost represent a unique problem not previously encountered in California, and is committed to working on solutions. DPR understands the value of composting organic waste,both as a resource for crop and landscape management and as a means of diverting recyclable waste streams away from landfills. DPR has notified the registrants of products containing clopyralid about the potential problems of clopyralid-contaminated compost in California, and of the department's intent to address the problems. This item provides an overview of the current situation as we understand it. It ends with a list of options suggested by stakeholders and potential directions for the Board. II. PREVIOUS BOARD ACTION None Page 2-1 Board Briefing Agenda Item-2 March 6,2002 III. OPTIONS FOR THE BOARD Potential options that the Board could direct staff to pursue for subsequent Board consideration are listed at the end of this agenda item. Because this is a discussion item, no formal options are presented here for Board consideration. IV. STAFF RECOMMENDATION This is a discussion item. Staff has no formal recommendation at this time. V. ANALYSIS This section provides information as follows: 1) Background(history to date); 2) Features of Clopyralid(toxicity to plants and animals; fate in soil and compost); 3) Data on Clopyralid in California(products containing clopyralid; Department of Pesticide Regulation data; results of testing in compost produced in California); 4) Regulatory Requirements and Proposed Actions (Federal, California, Washington); and 5) Options Recommended By Stakeholders. 1)Background Clopyralid is the active ingredient in several herbicide products used to control weeds (such as dandelions,clover, and thistles)in lawns,agricultural crops(such as mint,hay, grains, and asparagus), and rangeland. Growers of these crops and commercial lawn-care companies consider clopyralid a valuable, cost-effective weed control tool. Advantages of using clopyralid are that it exhibits low toxicity to animals, including humans, and that it does not have to be applied as frequently as other herbicides. Clopyralid is manufactured by Dow AgroSciences (Dow); in California, it is used in products made by Dow and Riverdale and in formulated products sold by these two companies to other companies. During 2000 and 2001, commercial compost from two Washington facilities caused damage to garden and nursery plants, and clopyralid was found in the compost. In Spokane,the clopyralid came from lawn clippings that were taken to a transfer station and then to a local composting facility. The January 22, 2002 Seattle Times reported that the facility suffered about$155,000 in lost sales in 2001 and that claims of almost$13,000 were brought against the city. At Washington State University,the clopyralid came from grass hay and straw that was used in livestock bedding;the bedding and manure were subsequently used as feedstock at the campus compost facility. The Seattle Times reported that the State paid over$250,000 in 2001 to cover claims from growers, gardeners, and nursery operators. California compost producers and organizations, along with cities and counties, are concerned that if clopyralid is found in compost in the state, consumer confidence would sag and the ability to sell compost products would be severely compromised, in turn impairing diversion efforts. Both the City of San Diego and the California Organics Recycling Council have written letters to the Board to this effect. Clopyralid has been detected at two facilities in California, as documented in the letter from the City of San Diego and in staff conversation with the City of Los Angeles Bureau of Sanitation. Page 2-2 Board Briefing Agenda Item-2 March 6,2002 After learning about the Washington incidents and being contacted by California composters, CIWMB staff contacted the Department of Pesticide Regulation(DPR)to ascertain its awareness of the issue and whether it was considering specific actions. DPR then hosted a meeting on November 27 attended by Dow, CIWMB,DPR, and the Department of Food and Agriculture (CDFA). CDFA has regulatory authority over fertilizer products,which may include composts that make claims about nutrient availability. As follow-up, on November 30, CIWMB staff e- mailed Dow several questions about ongoing research,current and anticipated clopyralid use patterns in California, other documented cases of clopyralid contamination, etc. On December 14,the CIWMB hosted a meeting attended by California Organics Recycling Council, Californians Against Waste, California Compost Quality Council, California Refuse Removal Council,University of California Cooperative Extension,U.S. Environmental Protection Agency Region 9, City of San Diego, California Plant Health Association, and DPR. Follow-up steps from this meeting include having composting organizations ask composters to send a compost sample to a specified independent lab for testing (see section on"Testing"on page 6 below). In addition, CIWMB and DPR staff agreed to set up a subsequent meeting with Dow and these parties, after the U.S. Composting Council meets with Dow and after the testing request has been issued. On December 27,the Los Angeles Times ran an article on clopyralid. The Sacramento Bee ran an editorial on the issue on December 31,and Dow responded with a letter to the Sacramento Bee editor on January 5,2002. On January 15,the Los Angeles County Board of Supervisors instructed the Director of Health Services and the Agricultural Commissioner, in conjunction with the County Sanitation Districts, to investigate clopyralid in compost and report back within 30 days with recommended actions. This is discussed further in"Options Recommended By Stakeholders"on page 8. On January 18,2002, Dow AgroSciences responded in writing to questions posed by CIWMB staff via e-mail on November 30, 2001. On January 25,2002, representatives of six organizations (California Organics Recycling Council, California Compost Quality Council, California Refuse Removal Council, Californians Against Waste, California Certified Organic Farmers, and Organic Materials Institute)wrote a joint letter to the CIWMB expressing their concerns and recommendations regarding the use persistent herbicide products in California. On the same date,these organizations also wrote a joint letter to DPR expressing these concerns. On February 18, 2002,the Los Angeles Times published a second article on this issue. 2)Features of Clopyralid Toxicity to Plants Dow has provided staff with a list of plant species that are tolerant to clopyralid,based on data from tests using direct sprays at typical use rates. These include agricultural crops such as asparagus,corn,mint,wheat, several grasses, and several ornamental shrubs and trees. These plants are listed on various product labels containing clopyralid. Page 2-3 Board Briefing 11 Agenda Item-2 March 6,2002 However,clopyralid exhibits phytotoxicity(toxicity to plants) at levels below ten parts per billion(ppb)to several common vegetables, including plants in the legume (e.g.,peas,beans), solanaceous(e.g.,tomatoes,potatoes), and aster(e.g., sunflowers)families. In a January 18, 2002 letter to CIWMB staff, Dow states that"To our knowledge, no cases of phytotoxicity related to compost have been received from California. The only analytical detect we are familiar with is from the Miramar Greenery composting facility near San Diego, at only 11 ppb. Although levels as low as 3 ppb can be phytotoxic to some garden vegetables such as peas and tomatoes, if thoroughly mixed in soil, 2 things happen— 1st is an immediate dilution effect and 2nd,the soil microbes present will continue the degradation process." (For further information on test results for this and other situations, see section on"Testing"on page 6.) Toxicity to Animals The Material Data Safety Sheet for Lontrel, a product consisting of clopyralid and inert ingredients, indicates that the oral toxicity is extremely low and no hazards are anticipated from swallowing small amounts incidental to normal handling during application. For this reason,very little threat to public health is believed to exist from the use of compost contaminated with clopyralid. Fate in Soil and Compost The Material Data Safety Sheet for Lontrel indicates that the potential for mobility in soil of clopyralid is very high. Under aerobic soil conditions the half-life is 71 days. It is unknown how this data applies to the decomposition of clopyralid in compost; staff have not yet located any research on this. Some research articles have stated that,unlike other herbicides that generally break down in composting,the group of herbicides that includes clopyralid(chlorinated pyridine carboxylic acid herbicides)breaks down only very slowly during composting. Dow is currently conducting three research projects to ascertain the relationship between clopyralid and compost. These studies will determine the following: 1) impact of product formulation and mowing regimes on residues of clopyralid,to determine if there are technology changes or management practices that could be adopted to reduce residues entering municipal/commercial compost; 2)what compost practices can be adopted to improve/increase the degradation of clopyralid in compost; and 3)what types of remediation measures might be used on compost piles containing clopyralid. As part of these studies,the half-life of clopyralid in compost will be determined. The remediation study will investigate methods to more rapidly decompose clopyralid in compost, including different moisture levels,mixing of soil with compost,and the addition of microbes during composting. Dow indicated that final results should be available in early 2002 and that the findings will be published in a journal. 3) Data on Clopyralid in California Products Containing Clopyralid Any company that sells registered pesticide products in California is considered by DPR to be a registrant for regulatory purposes. Dow and a company named Riverdale are the two principal clopyralid"registrants" in California(see"Regulatory Requirements and Proposed Actions" below for information on DPR's registration process). Dow,the manufacturer of clopyralid,has five products containing clopyralid that are registered and used in California;the main products are Confront, Lontrel, Transline, and Stinger. Dow also sells clopyralid to Riverdale for use in Page 2-4 Board Briefing • Agenda Item-2 March 6,2002 four of its own products. In addition,both companies sell clopyralid formulations to other companies,which in turn have some eight lawn care products on the California market that contain clopyralid. These include the following six companies: • Howard Johnson's Enterprises,Inc. (one lawn care product) • Monterey Chemical Company (one lawn care product) • The Andersons Lawn Fertilizer Division(three lawn care products) • O.M. Scott& Sons Company (one lawn care product) • Lebanon Chemical Corporation(one lawn care product) • Lesco, Inc. (one lawn product) Department of Pesticide Regulation Data on Clopyralid Usage Clopyralid usage in California can be roughly estimated from data collected by DPR. The Department's Pesticide Use Report Data includes data on all agricultural applications, including amounts applied and types of crops or places treated, and on commercial applications, including structural fumigation,pest control, and turf applications. The main exceptions to full use reporting are home and garden applications, and most industrial and institutional uses. According to DPR,data has not been"quality-checked" since 1998 and therefore reporting errors may exist. These exceptions and quality control issues limit staffs ability to fully determine the amount of clopyralid used in the state. DPR's Pesticide Use Report Data indicates the following reported annual usage of clopyralid from all product manufacturers since 1997,the year clopyralid was first registered in California. All figures refer to the active ingredient clopyralid. • 1997 - 17 pounds • 1998 -2,671 pounds • 1999 - 24,329 pounds (includes 13,281 pounds applied in Sonoma County; because this figure appears high,DPR has indicated that it will probably check this further with the county) • 2000 - 13,176 pounds The ten counties that applied the highest amount of clopyralid in 2000 are: 2000 CLOPYRALID USAGE—POUNDS APPLIED OF ACTIVE INGREDIENT County Pounds Applied Sonoma 1,825 Santa Clara 1,271 Imperial 903 Contra Costa 876 Tulare 706 Monterey 598 San Luis Obispo 505 Siskiyou 461 Los Angeles 442 Merced 430 Page 2-5 Board Briefing S Agenda Item-2 March 6,2002 DPR's Pesticide Use Report Data for the year 2000 indicates that clopyralid was applied to 27 different types of applications. The following table includes the seven applications that received the greatest amounts of clopyralid and the corresponding percentage of total use. 2000 CLOPYRALID USAGE—APPLICATION(pounds and % use) Application Pounds Applied % Total Use Landscape Maintenance 5,760 43.7 Rights of Way 2,411 18.3 Rangeland 1,956 14.8 Sugarbeet 1,253 9.5 Pastureland 672 5.1 Regulatory Pest Control 356 2.7 Uncultivated Non-Agriculture 291 2.2 Total of Above 7 Uses 12,051 91.5 Staff also asked Dow about current and anticipated clopyralid use patterns in California,by specific use and by geographic distribution. Dow's January 18,2002, letter contains the same basic information. However, Dow also suggested that,based on sales data,the landscape uses reported to DPR may be overstated by as much as twofold,with discrepancies due to reports being made in different units(e.g., gallons of finished product versus pounds of active ingredient). It is unknown whether this statement applies to sales data from other companies. Dow also suggested that residues from many of the above applications(specifically,non- residential landscaping turf such as golf courses,parks, and recreation areas;pastures and rangeland; and rights of way) are not typically used as feedstock in composting. However,while most golf courses grasscycle, some have a mix of grasscycling and clippings collection, and in some cases clippings are sent off-site. Also,the Washington State University situation resulted from import of clopyralid-treated hay. Regarding anticipated clopyralid use patterns in California, Dow representatives at the November 27, 2001 meeting indicated that there was no overall marketing goal for California and that individual salespersons had specific targets. Dow did not respond to this question in its January 18,2002 letter to staff. Staff has not asked this question of other registrants. Testing for Clopyralid in Compost Produced in California There are no state or federal requirements to test for clopyralid in compost. The CIWMB's composting operations regulatory requirements do not require testing of compost for clopyralid or other pesticides. The City of San Diego, after finding out that some product containing clopyralid was sold in the San Diego area,conducted a test on compost produced at its Miramar facility. The test result showed a level of 11 parts per billion in the sample. It then repeated the test and did not find any further indication of clopyralid. However, for the repeat test,the lab was only able to test down to 10 ppb due to technical problems. For this reason, it is unknown whether the material contained levels(i.e., less than 10 ppb)that would have been detected had technical problems not occurred. Additional testing in early February found clopyralid levels of 6 ppb. Page 2-6 Board Briefing • Agenda Item-2 March 6,2002 The City of Los Angeles' Bureau of Sanitation conducted one round of testing on its 3 mulching/composting operations. Two of the operations had negative test results (i.e.,no detection of clopyralid). At the third operation,which composts approximately 50 to 70 tons per day, coarse materials had negative test results. However,the "fine"materials (i.e., smaller material which would include grass clippings)at the site tested at 4 parts per billion after 2 weeks of composting and 3 parts per billion after 4 to 6 weeks of composting. The California Compost Quality Council, California Organics Recycling Council, and California Refuse Remove Council jointly organized voluntary, industry-wide testing for clopyralid in mid- February, as a first attempt to ascertain whether clopyralid is present in compost,at least for that period of time. Test results were to be compiled (with names masked) for public use. DPR and CIWMB staff reviewed the draft letter from these organizations about voluntary testing. CIWMB staff will work with representatives of these organizations to present results of this effort to the Board at the time of this item, if any results are available. DPR has indicated to CIWMB staff that DPR will need to evaluate composters' data to determine whether additional testing would be required to initiate regulatory action regarding products containing clopyralid. Additional data may include a more rigorous and representative sampling protocol assessing variation due to climate, geography,types of clopyralid applications and composting operations. DPR has formed an internal workgroup to focus on the issues that need to be addressed in order to identify the appropriate scope of regulatory actions. Depending on the need for additional data,DPR will expand the working group to include the CIWMB and composting organizations to develop a more rigorous testing program and to identify how it could be funded. While this latter program may take as much as 6 to 12 months to plan and implement, it would provide a technical basis for regulatory action that DPR might take. 4)Regulatory Requirements and Actions DPR Registration and Renewal Process Pesticides are required to be evaluated by DPR before they can be marketed in California, specifically to ensure that they will not harm human health or the environment. Pesticides that pass DPR's process are granted a license,permitting their sale and use. The licensing process is called"registration." The"registrant"is then allowed to sell formulated pesticide products in California. Registrants may be manufacturers of the pesticidal chemicals, formulators that prepare end-use products, and"sub-registrants"or"distributor registrants"who put their own labels on pesticide products purchased from formulators. There are eight clopyralid registrants in California as noted above in"Data on Clopyralid in California." The license to sell pesticide products is renewed annually. A pesticide product registration (license)expires on December 31st of each year. Registrants must submit any adverse effects information not previously submitted. DPR has the authority to cancel the registration of a product under a variety of circumstances outlined in statute, including but not limited to: • serious,uncontrollable adverse effects on the environment; • greater detriment than benefit to the environment; • harm to vegetation, domestic animals, or public health and safety; and • uses deemed to hold little or no value. Page 2-7 • Board Briefing • • Agenda Item-2 March 6,2002 Product Labeling Requirements The language on pesticide product labels is under the sole jurisdiction of the U.S. Environmental Protection Agency. However, DPR can refuse to register products unless unmitigated hazards are addressed by amending the product labels to contain additional language. Not following labeling requirements is a violation of federal pesticide law. The labels for clopyralid products offered for sale by Dow or their distributor registrants generally contain warnings about the use of mulch or compost derived from materials that have been sprayed with clopyralid. The label for Dow's Confront product, for example, states: "Do not use grass clippings from turf treated with Confront for mulch. Do not use compost containing grass clippings from turf treated with Confront in the growing season of application." However,this is not the case with most other registrants' labels. The labels on most other products containing clopyralid do not contain any warnings on the use of mulch or compost derived from sprayed materials. For example,the following six products do not have any such warning: Riverdale TruPower Selective Herbicide; Riverdale Millenium Ultra Weed and Feed; The Andersons Professional Turf Products 16-4-8 with Millenium Ultra Herbicide&PCSCU; United Horticultural Supply Professional Turf Products 22-3-4 with Millenium Ultra; Tee Time 18-5-9 with Millenium Ultra Herbicide; and Howard Johnson's Weed&Feed With Millenium Ultra. Furthermore,even proper labeling does not necessarily prevent material that has been treated with clopyralid in some other setting(e.g.,on lawns, golf courses, rights of way, etc.) from being brought unknowingly to composting facilities for use as feedstock. There is no requirement to ensure that haulers or composting operators are notified by applicators that the materials they are picking up and composting contains clopyralid. And, in some cases,there may be other handlers of the materials between the applicator and the hauler or composter. This inability to maintain control over clopyralid-treated material is known as the"chain-of-custody"problem. Washington Department of Agriculture's Regulatory Actions The Washington Department of Agriculture recently conducted an inquiry into these incidents and adopted emergency regulations, effective April 3, 2002,that will: • restrict the use of herbicides containing clopyralid on residential and commercial lawns and golf courses, except by certified applicators on golf courses if no vegetation leaves the site; • require applicators treating golf courses with clopyralid pesticides to notify groundskeeping personnel in writing that no grass clippings, leaves or other vegetation may be removed and placed in composting facilities that provide product to the public; and • restrict distribution of clopyralid products labeled for use on lawns or turf to licensed pesticide dealers only. 5) Options Recommended by Stakeholders The U.S. Composting Council has called on Dow to work with U.S. EPA to clarify the liabilities of applicators and harvesters regarding proper disposal or recycling of grass clippings or other clopyralid-treated residues that might be applied to non-targeted plants; and to investigate approved applications that may result in problems in compost and other non-intended applications. The Council also has stated that Dow should compensate composters and organic growers for costs associated with use of clopyralid-contaminated products. The GrassRoots Recycling Network has called for a ban of the product. Page 2-8 Board Briefing , Agenda Item-2 March 6,2002 3) educating targeted end-user associations(such as pesticide applicator and lawn-care professional associations) about labeling instructions,proper product use, and the need to avoid contamination of potential compost feedstocks; 4) working with DPR,manufacturers,and composting and environmental organizations to develop recommended revisions to clopyralid product labels and forward the recommendations to the U.S. EPA; 5) working with DPR and composting organizations to establish a testing program or other investigatory protocol in California that would provide the technical information DPR needs to consider regulatory actions(such as restricting allowable uses in specified areas or canceling registration of clopyralid-containing pesticides); 6) supporting legislation that attempts to mitigate or eliminate the potential effects of clopyralid on the composting industry in California. VI. FUNDING INFORMATION Amount Proposed to Fund Item: Not applicable. VII. ATTACHMENTS - None VIII. CONTACTS Name: Brian Larimore Phone: (916) 341-6579 Name: Howard Levenson Phone: (916) 341-6583 Name: Judy Friedman Phone: (916) 341-6522 Page 2-10 • Board Briefing • • Agenda Item-2 March 6,2002 The Los Angeles County Board of Supervisors, on January 15, 2002, directed the Director of Health Services and the Agricultural Commissioner, in conjunction with the County Sanitation Districts,to investigate clopyralid and report back within 30 days with recommended actions to ensure that clopyralid is kept out of the county's composting sites. The draft report recommends that the County work to: • correct flaws in labeling; • track all sales and use in the county; • determine the extent of the problem through testing; • assess appropriate uses for clopyralid; • use an assessment protocol that would consider the final outcome and environmental fate of a chemical treatment or cultivation procedure, including its subsequent compostability; • restrict use of herbicides containing clopyralid; • requiring notifications along the entire chain of responsibility; and • provide a mechanism for financial responsibility for contamination-related financial losses. In addition to its research discussed above (see"Fate in Soil and Compost"), Dow"is considering a variety of label updates to clarify instructions and use restrictions. These label changes are still in the developmental stage, and have not been submitted to the EPA yet." Dow also plans"on ensuring that clopyralid users are aware of the situation and use label precautions and best management practices to prevent treated plant residues from entering compost that could be used on sensitive plants. Our commercial organization is already preparing a communications plan for the upcoming use season that would include training sessions, conference presentations, newsletters, and magazine articles." Dow has also proposed that compost operators regularly test their compost for clopyralid. However laboratories charge approximately two hundred fifty to three hundred dollars to test a compost sample for clopyralid. In addition,testing would not ensure that all batches of compost were free of harmful levels of clopyralid. In their letter of January 25,2002, six organizations (California Organics Recycling Council, California Compost Quality Council, California Refuse Removal Council, Californians Against Waste, California Certified Organic Farmers, and Organic Materials Institute)urged the CIWMB to address their concerns with DPR. They suggested that herbicide manufacturers be required to: • test their products to determine the fate and effect of herbicidal compounds during the standard 60-90 day composting process,and that the U.S. EPA should add this as an evaluation criterion for registering herbicide products; • compensate composters and raw residuals applicators for the costs incurred and for damage to customers' crops resulting from clopyralid contamination of compost; and • remove from the market any product that may result in residuals being directed to facilities or uses that may damage non-target plants. Potential Options For Board Discussion Staff could conduct further work on any number of the actions suggested by various stakeholders to mitigate the impact of clopyralid on composting in California, and subsequently bring these actions to the Board for consideration. These include but are not limited to: 1) preparing Board publications on clopyralid and composting; 2) publicizing information,perhaps in coordination with DPR, on alternatives to clopyralid; Page 2-9 clopyralid in Washington state fa • Page 1 of 1 ATTACHMENT 4 Riddle, Frankie From: Galvin, Dave [Dave.Galvin@METROKC.GOV] Sent: Friday, March 01, 2002 11:36 AM To: 'FRiddle@CI.Palm-desert.ca.us' Subject: clopyralid in Washington state Here is the reference that I promised. Breaking news, too-- the ban on lawn application of this herbicide goes into effect today. This site should give you links to related information. Let me know if you need anything else. Good luck down there. -- DVG http://www.wa.gov/agr/clopyralid.htm Dave Galvin Supervisor,Hazardous Waste Management Program King County Department of Natural Resources and Parks, Water&Land Resources Division 130 Nickerson Street,Seattle,WA 981091658 phone:206-263-3085/fax:206263-3070 email:dave.galvin@metrokc.gov part of the Local Hazardous Waste Management Program in King County 03/04/2002 e WSDA-Clopyralid in Compo. • Page 1 of 1 Aciopyrali DEPARTMENT OF in i. AGRICULTURE IRE Compost This page was last updated March 1,2002. Clopyralid in Compost Effective March 1, 2002,herbicides containing the active ingredient clopyralid may not be used on lawns and turf in the state of Washington. The purpose of the ban is to keep clopyralid, a long-lasting herbicide, from potentially contaminating compost. The ban is initially in effect for 120 days. By late June,the department plans to make the ban permanent and will consider additional restrictions on the use of the herbicide. Golf courses are exempt from the ban as long as no grass clippings, leaves or other vegetation are removed from a course and sent to a composting facility that provides product to the public. Clopyralid kills broadleaf weeds, such as dandelions, clover and thistles, and has been registered for use in this state since the late 1980s. Evidence has been growing that when clopyralid-tainted compost is used to enrich soils,it can harm certain flowers, such as asters and sunflowers, and vegetables, such as beans,peas and tomatoes. This page provides links to information about the state's regulation of clopyralid in compost and other related documents. Fact Sheet Clopyralid in Compost,January 2002 News Releases News release, March 1, 2002: Agriculture Department bans use of herbicide clopyralid for lawns and turf Rule Language Clopyralid Emergency Rule, effective March 1, 2002 Photos WSU photos of plants damaged by compost containing clopyralid Related Links WSU Clopyralid in Compost Home Page WSU bioassay for herbicide contamination of compost Dow AgroSciences list of plants sensitive to clopyralid Dow AgroSciences list of plants tolerant to clopyralid WSDA Homepage Return to the Top • • Washington State Department of Agriculture Emergency Rule Restricting the Use of Clopyralid Effective March 1, 2002 WAC 16-228-1235 When are pesticides containing the active ingredient clopyralid state restricted use pesticides? Pesticides containing the active ingredient clopyralid are state restricted use pesticides when labeled for use on lawns and turf including golf courses. WAC 16-228-12351 Who can distribute pesticides containing the active ingredient clopyralid? Only licensed pesticide dealers can distribute pesticides containing the active ingredient clopyralid. WAC 16-228-12352 Who can sell pesticides containing the active ingredient clopyralid? (1) Pesticides containing the active ingredient clopyralid that are labeled for use on lawns and turf including golf courses can only be sold by licensed dealers to certified applicators or their duly authorized agents. In order to purchase such pesticides, certified applicators or their agents must have a valid certification, license or permit allowing them to use or purchase such pesticides. (2) Pesticides containing clopyralid and labeled for uses on sites/crops in addition to lawns and turf including golf courses may be sold by licensed dealers to non-certified applicators if the non-certified applicator signs the sales invoice or sales slip indicating that the pesticide will not be applied to lawns and turf including golf courses. WAC 16-228-1237 What are the restrictions on the use of pesticides containing the active ingredient clopyralid when labeled for use on lawns and turf including golf courses? In addition to the restrictions placed on the product label, pesticides containing the active ingredient clopyralid cannot be applied to lawns and turf except for golf courses complying with the requirements in WAC 16-228-12371. WAC 16-228-12371 What requirements affect the use of pesticides containing the active ingredient clopyralid on golf courses? (1)When labeled for use on lawns and turf including golf courses, pesticides containing the active ingredient clopyralid may be applied on golf courses if no grass clippings, leaves or other vegetation are removed from the site and placed in composting facilities that provide product to the public. (2) Before applying pesticides containing the active ingredient clopyralid on a golf course, the commercial applicator must give written notification to the appropriate grounds keeping personnel that no grass clippings, leaves or other vegetation may be removed from the site and placed in composting facilities that provide product to the public. c ATTACHMENT 5 • READER'S Q & HIGH TEMPERATURES AND posting.Even if the desired mesophilic certainly does not confirm that higher HERBICIDE DEGRADATION organisms disappear as a result of high temperatures and more aeration either Q• I have heard that the high temperatures,there are usually ther- increase or interfere with degradation. attainedtduring mophilic cousins to take over the task. • temperatures Mesophiles manage to reinhabit the pile composting may be interfering with MARKET VALUE even .after an extended uring OF DIGESTED RESIDUALS the degradation of the herbicide thermophilic by destroying the organ- stage.During a curing period,after the isms that would decomposeh it.Is easily available organic compounds Qs We have good estimates of the have been consumed,mesophilic or an- • energy value from bio as re- this true? p g g isms should readily attack the clopy- covered at anaerobic digestion facil- e The effect of high temperatures ralid compounds. ities,but want to get a dollar value • on clopyralid decomposition is just However,it is possible that organic for the dried digestate that could be speculation.More than likely,high tem- matter itself may be interfering with used as the base for blended organic peratures are not a factor. clopyralid degradation.Research has fertilizers and soil conditioners.Can The half life of clopyralid in soil is re- shown that some pesticides degrade you give me some estimates? ported to be as low as 25 days and as more slowly during composting than in According to a report on an high as 11 months, although 40 days soils.One of the proposed explanations M• AgSTAR farm in New York State, seems to be the most commonly report- is that the pesticide compounds adsorb solids from an anaerobic digester that ed number.Yet,damaging levels of to the abundant organic particles in processes dairy manure are sold for clopyralid have lasted in compost piles composting material.The adsorbed corn- around$17/cubic yard(cy).The solids in Spokane for more than a year since pounds are secluded from the decompos- are composted prior to being marketed it was first detected. It seems that er organisms until they dissolve in the to conventional and organic farmers. clopyralid is persisting longer in corn- surrounding film of water.Thus it is BioCycle has more experience with post than in soils, and many people are possible that degradation of clopyralid is the market value of composted organic wondering why. Since soils do not reach retarded during composting,and in corn- residuals than dried digestate.Howev- high temperatures,it has been suggest- post,compared to the soil environment. er,because compost serves as a peat re- ed that the heat of composting destroys Ironically,it has also been suggested placement product and is used in the soil organisms that normally de- that higher temperatures and/or more potting mixes,there is validity in look- compose clopyralid. aeration might speed,or enhance,the ing at its market value in comparison to First,there may be no discrepancy decomposition of clopyralid.However, dried digestate. between the reported soil half-life and there is no evidence of this either,other Compost typically is sold in several the results being observed in compost. than the generally stimulating effects of ways:Bulk(versus bagged)wholesale to The half-life refers to the time required higher temperatures and more aeration nurseries,landscapers,soil blenders to reduce the concentration in half. Be- (which do not always hold true).The fa- and other high volume users;Retail in cause it is effective at very low concen- cilities where clopyralid residues in com- bags or bulk at garden centers or direct- trations,an initial amount of clopyralid post have caused problems are ly from the composting site,typically to may have to be cut in half many times intensively managed windrow compost- homeowners;and Bulk with the appli- before it reaches a safe level.Thus,the ing operations that routinely attain ther- cation of the compost or compost-based fact that clopyralid is being found in mophilic temperatures.Sampling in mix included. Other factors affecting compost at worrisome concentrations, Washington state has reportedly shown the price are if the compost is screened well beyond the expected half-life, clopyralid residues at large-scale facili- or unscreened, its nutrient value,if the should not be a surprise. ties that employ forced aeration.(See plant is publicly or privately owned,and Second,during composting,the "Investigating the Prevalence and Fate whether it is being delivered or picked degradation of clopyralid is occurring si- of Clopyralid in Compost.")Thus,it up at the composting plant. multaneously with the decomposition of seems clopyralid residues afflict facilities Given those parameters,here are the surrounding organic matter.There that employ both aerated and windrow some price ranges for compost.(Note is a concurrent loss of dry matter—the methods that attain high temperatures. that compost typically is sold by the cu- basis normally used to express concen- The only published research current- bic yard.)Yard trimmings compost sells trations. Even if clopyralid is substan- ly available on the behavior of clopy- for an average of$20 to$25/cy bulk.In tially decomposed,it can be hidden by ralid during composting is by other markets,the price is as low as an equivalent reduction in organic mat- Vandervoort et al. 1997(Fate of selected $10/cy.A company in Virginia has an ap- ter(i.e. dry matter).This does not occur pesticides applied to turfgrass:effect of plication service using a pneumatic blow- in soils because comparatively little or- composting on residues.Bull. Environ. er truck and sells the yard trimmings ganic matter is present,and it decom- Contarn. Toxicol., 58:38-45).There is lit- compost(application included)for$45 to poses at lower rates.A better picture of tle one can conclude from the data pre- $50/cy,primarily to landscapers. Ma- the decomposition can be obtained when sented but if taken at face value,there nure-based compost sells for an average concentrations are expressed in terms of was a greater percentage decomposition of$25 to$30/cy;one company in Califor- ash content(e.g.micrograms of clopy- of clopyralid in the unturned piles corn- nia sells compost for almost$50/ton ap- ralid per kilogram of ash). pared to the turned piles and from sam- plied to the farmers'fields.Biosolids Third,the absence of a particular mi- ples taken on the outside of the pile compost tends to sell for an average of croorganism is rarely the limiting factor compared to the interior.What does $10/cy wholesale(bulk)and between$25 in degrading any substance during corn- this suggest?Nothing actually.But it to$35/cy retail(bulk). BIOCYCLE FEBRUARY 2002 23