NOTICE OF PUBLIC HEARING
Department of Agriculture
Proposed Amendments to Administrative Rules for Pesticides
Pursuant to Chapter 91, Hawaii Revised Statutes (HRS), and other applicable laws, notice is hereby given that the Hawaii Department of Agriculture (Department) will hold public hearings to receive testimony on proposed amendments to Hawaii administrative Rules (HAR) Title 4, Subtitle 6, Chapter 66, Pesticides.
These rules were last revised on July 13, 1981. Rule amendments are needed to implement statutory changes to chapter 149A, Hawaii Revised Statutes (HRS), the Hawaii Pesticides Law, and chapter 460J, HRS, eliminate rules that are no longer necessary or applicable, and add and amend other provisions to better ensure the safe and effective use of pesticides while minimizing unreasonable adverse effects on the environment. The proposed amendments address the functional areas of pesticide licensing and classification for restricted use or monitored use, technical review of pesticide products, certification and education of pesticide applicators, and enforcement and administrative aspects of the Departments pesticides program.
In addition to general housekeeping changes, the proposed amendments include, but are not limited to, the following changes: (1) add definitions of adjuvant, attractant, chemigation, EPA, license, Pesticide dealer representative, mode of action, private applicator, under the direct supervision of a certified applicator, and unreasonable adverse effects on the environment; (2) add criteria to classify a pesticide for restricted use based on potential to leach to groundwater, and any pesticide uses authorized by an emergency exemption issued by the U.S. Environmental Protection Agency (EPA); (3) add seven pesticides, including chlorine gas, to the list of State restricted use pesticides and delete from that list those pesticides which are no longer being manufactured or which are already restricted by EPA and for which the State has no additional concerns; (4) add a procedure to evaluated pesticides uses to determine if additional regulatory measures are needed to protect human health or the environment; (5) add procedures for review and approval of non-chemical pest control devices; (6) delete requirements for coloration of pesticides that are no longer manufactured and add coloration standards for seed treatment products; (7) require restricted use pesticide dealers to notify the Department when changes occur in personnel responsible for restricted use pesticides sales, and provide that a license for personnel responsible for restricted use pesticides sales expires in 5 years with renewal by examination; (8) require a dealers records and reports to track all transactions affecting the inventory of restricted use pesticides, not just sales; (9) add to the requirements for pesticide container disposal a reference to the Department of Healths requirements concerning management of solid and hazardous wastes and eliminate burial on-site as an option for disposal; (10) update categories in which a pesticide applicator can be certified, based in part on changes in the pest control industry, types of pesticides products available, and expertise required for their use; (11) add subcategories for agricultural fumigation and agricultural chemigation to private applicator certification options; (12) to add the generals standards for certification of applicators a minimum age requirement of 18 years of age; (13) specify precise procedures for certification and recertification of pesticide applicators, including the number of hours of education credit that must be earned in the five year certification period to qualify for certification renewal without examination, and establish procedures for approval of classes for certification credit and issuing replacement certificates; (14) clarify the certified pesticide applicator recordkeeping requirement that commercial and private applicator records be kept for two years and require commercial applicators to provide agricultural employers with information required by the EPAs Worker Protection Standard; (15) repeal the provision for single purchase certification because it is no longer necessary for residential use of termiticides, such as chlordane, which have been cancelled the EPA; (16) add a new requirement for annual use permits for certain pesticides in order to track the pesticides if existing controls may be inadequate to prevent potential unreasonable adverse effects to humans or the environment; (17) delete the section concerning posting of signs (which was never implemented); (18) add enforcement penalty guidelines for Department guidance in proposing permit or certificate suspensions and monetary penalties for violations of the Hawaii Pesticides Law; (19) increase fees effective January 1, 2007, as follows:
Product licenses: from $225 to $270 for three years and $330 for three years beginning on January 1, 2009.
Restricted pesticides dealer principal sales outlet: from $25 to $250 per year.
Restricted pesticides dealer branch location: from $10 to $100 per year.
Applicator examination fee: from $10 to $25.
Replacement certification card: from $5 to $25.
New applicator certification or licensed restricted pesticide dealer representative fee: from $0 to $50.00 for five years.
Renewal fee for applicator certification or licensed restricted pesticide dealer representative renewal fee: $0 to $50.00 for five years.
Fee for copying documents: $ 0.25 per page.
Educational services fee: $25 per hour.
The proposed restricted use classification for chlorine gas will result in a requirement for certification of chlorine gas users (wastewater treatment and drinking water treatment plant operators) in the commercial pesticide applicator category 7F. Comments are solicited as to an appropriate timeframe for delayed implementation of the certification requirement, possibly up to one year from the effective date of rule adoption to coordinate the certification requirement with implementing the proposed restricted use classification of chlorine gas.
Background information regarding the State regulatory framework for pesticides and a more detailed description of the proposed rule changes are available at the Departments website at http://www.hawaiiag.org/hdoa/pi_pest_proposedrules.htm.
The following is the schedule of public hearings;
October 10, 2006 at 7:00 PM
Hale Waiolama Conference Room, Department of Agriculture
1428 South King Street
Honolulu, Hawaii
October 11, 2006 at 9:00 AM
Conference Room, Department of Agriculture
4398A Pua Loke Street
Lihue, Kauai
October 11, 2006 at 7:00 PM
Conference Room, Department of Agriculture
635 Mua Street
Kahului, Maui
October 12, 2006 at 10:00 AM
Conference Room, Natural Energy Laboratory of Hawaii Authority
73-4460 Queen Kaahumanu Highway
Kailua-Kona, Hawaii
October 12, 2006 at 7:00 PM
Conference Room, Department of Agriculture
16E Lanikaula Street
Hilo, Hawaii
All interested persons are urged to attend the hearings and submit comments orally or in writing. Copies of the proposed rule amendments may be reviewed online at http://www.hawaiiag.org/hdoa/pdf/Pesticide%20Proposed%20Rules%207-06.pdf or in person during normal business hours at any of the listed Department offices:
Kauai – 4398A Pua Loke Street
Lihue, Kauai (Phone: 274-3071)
Oahu – 1428 South King Street
Honolulu (Phone: 973-9600)
Molokai – Molokai Irrigation Office
Hoolehua (Phone 567-6891)
Maui – 635 Mua Street
Kahului (Phone: 873-3556)
Hawaii- 16E Lanikaula Street
Hilo (Phone: 974-4141)
Or
Kona State Building, Room 3
Captain Cook (Phone 323-7591)
Copies of the proposed rules may also be obtained at the above offices by paying a fee for photocopying or may be sent by mail upon request by paying a fee for photocopying and postage.
The Department of Agriculture will continue to accept written testimony developed after the hearings until October 22, 2006 at the Departments Pesticides Branch 1428 South King Street, Honolulu Hawaii 96814-2512.
Special modifications, e.g. sign language interpretation, large print, taped materials, accessible parking, can be provided if requested 4 days in advance of a hearing. This request may be made in writing to one of the addresses above or by calling (808)973-9401.
State of Hawaii
BOARD OF AGRICULTURE
(SB05524419 9/4/06) SANDRA LEE KUNIMOTO, Chairperson
