NC Pesticide Board Meeting Notes

November 14, 2017

12:30 – 4:30 PM

Governor James Martin Building

NC State Fairgrounds

In attendance: Dr. Allen Scarborough (Vice Chair and presiding); Dr. Colleen Hudak-Wise; Dr. Benson Kirkman; Mr. Shawn Harding; Mr. Don Rodgers; Mr. Jim Burnette (Secretary); Ms. Mary P. Kelley

Not in attendance: Dr. Rick Langley (Chair)

Ethics Reminder

Dr. Scarborough reminded the member to avoid conflicts of interest and/or appearance of conflicts of interest. No members acknowledged conflicts of interest.

Introduction of new Board Member – Mary P. Kelley

Dr. Scarborough introduced Mary P. Kelley who was introduced as the new member of the NC Pesticide Board to represent NC Department of Environmental Quality.

Consider Board minutes from the June 8, 2017 meeting

Mr. Harding moved that the minutes be approved as is and Mr. Rodgers seconded that motion. Unanimously approved.

HB 74, Agency Rules Review Update – Jim Burnette, SPC&PD

HB 74 requires a periodic review of all rules by the enforcement agency. The Department of Agriculture & Consumer Services (DOA&CS) had proposed to the Pesticide Board the staff’s classification of the rules as “necessary with substantive public interest”; “necessary without substantive public interest”; or “unnecessary”, which the Board approved. This approval also allowed for the DOA to published the rules on an agency website for public comment. All comments will then come back to the Board, and then a final decision will be made.

Mr. Rodgers moved that the rules be published for public comment. Dr. Scarborough seconded. Unanimously approved.

Pollinator Outreach Update & PETF Request for DriftWatch and Pollinator Outreach – Patrick Jones, SPC&PD

Mr. Jones gave an update on outreach for the Division’s pollinator protection program that has been going on since June 2014. The goal of this outreach initiative is to increase communication between beekeepers, pesticide applicators, farmers, and landscapers. The Division’s strategy is to get beekeepers to register their hives on BeeCheck, which is a program of DriftWatch, so that applicators can check for hives in the area before they apply pesticides.

Mr. Jones asked the Board for an additional $6,500 for the annual fee to use DriftWatch, $1,500 for publications and “Get to Know Your Beekeeper/Farmer/Applicator/Landscaper” pamphlets, and $2,000 for outreach materials. The total proposal was for $10,000 from the Pesticide Environmental Trust Fund (PETF).

Dr. Kirkman made a motion to approve the proposal for $10,000 from the PETF. Dr. Hudak-Wise seconded the motion. Unanimously approved.

Auxin Technologies Update – Dr. Alan York, NCSU

Dr. Alan York of the Weed Science Department at NC State University gave a summary about the training that they offered this year on auxin technologies, lessons learned, and next steps. Auxin technologies allow use of dicamba and 2,4 D on cotton and soybeans, which are not new products. Auxin technologies (Xtend – dicamba resistant and Enlist – 2,4D resistant) allow the use for longer period of times and on more land.

Dr. York expressed that many broadleaf crops are extremely sensitive to some of these products, and that many growers did not know this, or didn’t respect it. Last summer, Dr. York felt like it was time to do some outreach and education as to not make the same mistakes as some growers did in the mid-South.

Overall, in the 2017 growing season, there were few complaints from drift of dicamba (15 complaints) that were reported to the DOA&CS. Eight incidents were involving drift onto tobacco, and no official complaints of vegetables or homeowners. Dr. York felt these could be explained by spray drift by growers that were not paying attention to wind speed, direction, etc.

Dr. York discussed how the EPA is examining the label for dicamba and are expected to reduce the maximum wind speed when the chemical can be applied, time of day that the chemical can be applied, and a few other things. Dr. York and DOA&CS will monitor the exact language and develop outreach as they understand the breadth of the proposed changes.

Monitoring Surface Water for Pesticides – John Allran, SPC&PD

Mr. Allran explained the potential changes that made be made through a collaboration with NC DOA&CS, DHHS, and DEQ. This new system would use the current Random Ambient Monitoring System (RAMS) Program to sample and evaluate newer pesticides through randomly sampling 30 streams across the state twice a year. Currently, RAMS evaluates 88 pesticides, but fewer than half of the pesticides are currently registered for use in NC. The Quality Assurance manager with NCDEQ, Nick Jones, wants to streamline this current list and make sure that it is testing for relevant pesticides.

To help to classify the ~900 active ingredients that are registered for use in NC, the DOA&CS developed a methodology that will break down these chemicals into low, moderate, and high risk to aquatic species. This was done through a formulation examining run-off potential through soil adsorption (mobility) and soil metabolism half-life (persistence). The DOA&CS also examined EPA toxicity data on various species of fish and aquatic invertebrates to rank the mortality from exposure as a measure of acute toxicity. Through this system, out of 373 pesticide active ingredients registered for use in NC, 88% rank as moderate or high risk to aquatic species.

Mr. Allran suggested that DEP will use the RAMS Program to collect samples, the DHHS will analyze the samples for 148 pesticides, and potentially more, and the results will be used to compare to EPA Aquatic Life Benchmarks, make management decisions, focus on outreach and education, support enforcement, and report to EPA for use in risk assessment, registration, and label amendments process.

The Pesticide Board members were supportive of the initiative, but no formal action was required. 

Settlement Agreements

N.C. Department of Agriculture and Consumer Services, Structural Pest Control and Pesticide Division, v.

Public Comment – Bev and Scott Veals 

Bev and Scott Veals of Carolina Beach spoke to the Board about a current situation with a neighbor that uses pesticides to chemically mow his yard. They have had ongoing problems with this neighbor for years and have complained on numerous occasions to the DOA&CS about potential violations.

Mrs. Veals is a three-time cancer survivor who has chemical sensitivity due to her radiation therapy. Mr. Veals has spoken with the neighbor on numerous occasions to try to find a compromise on when he can spray chemicals and Mrs. Veals wouldn’t be exposed; however, the neighbor is insistent that he will continue to spray even if that means that Mrs. Veals will be exposed.

Mrs. Veals feels that this is not a unique problem in neighborhoods across the state and wanted to reach out to the Board about potential for collaboration on education and outreach. The Board was receptive to this and felt it appropriate to continue the conversation.

In attendance: Dr. Allen Scarborough (Vice Chair and presiding); Dr. Colleen Hudak-Wise; Dr. Benson Kirkman; Mr. Shawn Harding; Mr. Don Rodgers; Mr. Jim Burnette (Secretary)

Not in attendance: Dr. Rick Langley (Chair)

Consider Board Minutes from December 12, 2016

Mr. Harding moved that the minutes be approved as is, which Dr. Kirkman seconding. Unanimously approved.

Inquiry into follow-up from Dr. Melissa Perry

Dr. Scarborough asked Mr. Burnette if there had been any follow-up from questions that he asked Dr. Perry after her presentation on the human health effects of neonics. Mr. Burnette replied that there had been none.

Consider Exemption Request from the Requirements of 02 NCAC 09L.1003(3)

Chris Elder of the Plant Industry Division of the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) requests an exemption to dispense particles above the set threshold of 40ft because the Department dispenses mating disruption pheromones at 100ft to combat the gypsy moth.

Mr. Rodgers commented that the gypsy moth was expected to take over North Carolina, but through these efforts, that coverage has been limited.

Dr. Hudak-Wise made a motion to accept the request for exemption, Mr. Rodgers second the motion, and it was unanimously approved.

Consider Elimination of the NC WPS Designated Trainer Exam

Renee Woody of the NCDA&CS, Pesticide Division, requested elimination of the WPS Designated Trainer Exam do to the revised WPS requiring annual trainings. Ms. Woody said that up-to-date, EPA approved train-the-trainer materials are available on the Pesticide Education Research Collaborative (PERC) website that can meet the same requirements as the State’s exam. The State’s exam was not set in rule, but the Department was requesting consent to not offer the exam from the Board.

Dr. Kirkman made the motion to eliminate the WPS Designated Trainer Exam in North Carolina. Mr. Harding second the motion, and it was unanimously approved.

Pesticide Environmental Trust Fund, Request for Funding

Ms. Woody also put forth a request for funding from the Pesticide Environmental Trust Fund for the pesticide contain recycling program. Currently there are 67 counties across North Carolina that have active pesticide recycling programs. For 2016, 557,310 pounds of pesticide containers were recycled into agricultural drainage pipes.

Ms. Woody requested $60,000 for the program that would be transferred in county grants to run their programs ($51,875), promotional materials ($5000), and for the John L. Smith Award ($3,125).

Dr. Kirkman made a motion to accept the request, and Dr. Hudak-Wise second the motion. The motion was unanimously approved.

Settlement Agreements

 N.C. Department of Agriculture and Consumer Service, Structural Pest Control and Pesticide Division v.

For a full description of the Settlement Agreements, please click the following link: March 2017 Board Settlement Agreements

Presentation from Dr. Jay Overmyer, Syngenta, titled “Neonicotinoid Insecticides: Focus on Syngenta Studies with Thiamethoxam”

Dr. Jay Overmyer presented to the Board on the work that Syngenta is doing with neonicotinoid insecticides, honeybee health, and the effects of Syngenta’s product, thiamethoxam, on honeybees, aquatic species, and birds. Dr. Overmyer highlighted the importance of this class of insecticides to growers and the work that Syngenta is doing to replicate full field studies with honeybees and their neonicotinoid products. Dr. Overmyer also went on to talk about the multiple factors that affect honeybee health, with pesticides being one of them.

The majority of the presentation concentrated on the field studies that Syngenta conducted between 2014 and 2015 near Mebane, North Carolina.   The studies showed that there was a decrease in pollen storage leading to less brood and lower adult population numbers. However, Syngenta was not allowed by the EPA to feed the hives over the winter season, so there were losses across the study, including the control hives, leading to less than significant results. The EPA ordered the study to be supplementary and for Syngenta to redo the full field study, which they are in the process of doing.

Dr. Overmyer also concluded that the risk of thiamethoxam to honeybees and birds is relatively minimal, and that although aquatic insects are sensitive to neonicotinoids, the exposure rates are usually not in concentrations that would have a great impact on them.

Presentation from Dr. Jill Sidebottom, NC Agricultural Extension, titled “Neonics and Mountain Conifers”

Dr. Jill Sidebottom presented to the Board about how nenoicotinoids are being used to fight the Hemlock woolly adelgid (HWA) in Western North Carolina. Right now, imidacloprid and dinotefuran are primarily being used for control. Imidacloprid is being used as a foliar application, whereas dinotefuran is primarily used as a root treatment. Dr. Sidebottom also expressed that there is concern amongst the general public and beekeepers in Western NC about the use of neonicotinoid products. Dr. Sidebottom noted that the Agriculture Extension office promotes Integrated Pest Management through ground covers at Christmas tree operations to reduce pesticide inputs and provide habitat for beneficial insects, like pollinators.

Dr. Sidebottom also discussed the more recent threats from Elongate hemlock scale (EHS), which was introduced from Asia in 1908 and creates an armored scale that buries itself under the wax of the needle. This has created an additional problem for Agricultural Extension, which has added to the problems that still exist after 60 years of research and 23 chemicals that have been used to try to treat these various pests. EHS has caused problems between North Carolina Department of Agriculture and Florida’s Department of Agriculture because Florida purchases over a million trees from North Carolina and EHS could potentially harm two of Florida’s native conifers (torreya tree and the Florida yew). Dr. Sidebottom concluded that EHS is more of a regulatory problem than a destructive pest, but that she is trying different chemical and non-chemical approaches to managing EHS.

NC Pesticide Board chooses no regulatory action on neonics

After the completion of Dr. Sidebottom’s presentation, Mr. Harding moved that the Board take no action on the neonicotinoid class of chemicals at this time. Dr. Kirkman proposed an education campaign as opposed to “no action”, with the Department of Agriculture assisting to make sure that neonicotinoids are not overused. Dr. Hudak-Wise then proposed as a clarifying point that the Board takes no regulatory action. Mr. Harding said that was fine as an amendment, but was supportive of educational efforts. Mr. Rodgers noted that the EPA still is conducting reviews and that that information should be provided to the Board upon completion. Mr. Harding agreed and felt that there was no “need to get out ahead of the EPA” on the subject, which is suppose to have a full assessments of nenoicotinoids out by the end of 2017. Dr. Hudak-Wise suggested to amend the motion to be “no regulatory action, but would like staff to consider educational opportunities.” Mr. Rodgers second the motion. Dr. Hudak-Wise suggested, “if something were to come up pertinent to this information, then we [the Board] would reexamine.” Mr. Harding agreed and also stated though that neonicotinoids are “an important class of chemistry for their growers.” Dr. Kirkman said that he felt that this issue would not be going away and as researchers found out more information that there was potential for the Board to look at it again. The final motion was unanimously approved.

In attendance: Dr. Rick Langly (Chair); Dr. Allen Scarborough (Vice Chair); Dr. Colleen Hudak-Wise; Dr. Benson Kirkman; Mr. Shawn Harding; Mr. Jim Burnette (Secretary)

Not in attendance: Mr. Don Rodgers

Ethics Reminder

Dr. Langley read the mandatory ethics statement, requiring any members to disclose conflicts of interests. Dr. Scarborough stated that as a current employee of the agrochemical sector he would participate in the discussion regarding future speakers on the topic of neonicotinoids from industry, but recuse himself from voting.

Consider Board Minutes from July 12, 2016

Mr. Harding moved that the minutes be approved as is, which Dr. Scarborough seconding. Unanimously approved.

Update on NCDA&CS Pollinator Protection Efforts

Pat Jones, Deputy Director of the Pesticide Division within NCDOA&CS, gave an update on outreach and registration for beekeepers to register their hives voluntarily with BeeCheck (a program of DriftWatch), which allows pesticide applicators to see where beehives are across the state so that they can take precautionary steps. Currently, there are 1,056 apiaries registered across the state, making North Carolina the state with the second highest registered apiaries out of 13 U.S. states enrolled in the program and one Canadian province.

NCDOA&CS will continue outreach and education about the registration program into 2017.

Consider recommendations for neonicotinoid presentations

Per the Board’s request at their July 12^th meeting, the Board received 14 nominations for presentations on the effects of neonicotinoid insecticides on pollinators, aquatic invertebrates, and their environmental fate. The Board Chair, Dr. Langley, categorized these nominees into three sectors being, “Academia”, “Industry”, and “Other”. The Chair then suggested to hear from two nominees at each of the next three Board meetings resulting in six total presentations. Dr. Hudak-Wise noted that the door will remain open to the rest of the nominees, but this will be the first batch. Selected individuals to present were:

Academia

Dr. Melissa Perry, Professor and Chair of Department of Environmental and Occupational Health, George Washington University

Dr. Dave Buchwalter, Associate Professor in Toxicology, NC State

Industry

Dr. Jay Overmyer – Technical Team I, Ecotoxicology and Risk Assessment, Syngenta

Dr. David Fischer, Director Pollinator Safety Group, Bayer Crop Science

Other

Dr. Jill Sidebottom, Mountain Conifer IPM Specialist, NC Agricultural Extension

Dave Penrose, MPH, Contract Professor on Aquatic Insect Ecology, NC State

The Chair, Dr. Langley, explicitly prohibited public comments after the selection process.

Settlement Agreements

N.C. Department of Agriculture and Consumer Service, Structural Pest Control and Pesticide Division v.

Settlement Agreements

Board members present: Dr. Colleen Hudak-Wise, Dr. Ricky Langley (Chair), Dr. Thomas Scarborough (Vice-Chair), Shawn Harding, Don Rodgers, Dr. W. Benson Kirkman

The July 12, 2016 meeting of the North Carolina Pesticide Board began with a reading of the Mandatory Ethics Inquiry, which asks Board members to recuse themselves from actions in the event of a conflict of interest. None of the Board members recused themselves. Several presentations followed the reading of this inquiry, beginning with Brian Pointer of the Department of Environmental Quality’s Division of Water Resources, who spoke about the DWR’s Random Ambient Monitoring System, which monitors waterways for pesticides and other contaminants such as metals, coliform bacteria, cyanide, sulfides, and PCBs. In this presentation, Pointer provided an overview of the methods used in RAMS, as well as the limitations of this system. Of particular note is the fact that while RAMS does test for pesticides on a bi-monthly basis, it does not test for neonicotinoids. Pointer noted that the DWR does not have the funding capacity to conduct neonic testing of its samples.

Following Pointer’s presentation, Toxic Free NC intern Elisa Lazzarino presented on the methodological problems with both RAMS with respect to neonicotinoid contamination in aquatic invertebrate habitats – including those of endangered species – and the Bee-Informed Partnership Survey as a measure of pollinator decline and its causes. Ms. Lazzarino’s presentation also drew the Board’s attention to the widespread problem of consumer misuse of these highly toxic substances. Ms. Lazzarino remarked on the recently passed Maryland Pollinator Protection Act, which reclassified neonics as restricted use pesticides (RUPs) for professional use only, and pressed the Board to adopt a similar policy, through their authority under the NC Pesticide Law of 1971. After this presentation, Toxic Free NC Policy Advocate, Preston Peck, addressed the Board and noted their inaction after three previous presentations on these issues, and urged them to consider the growing body of evidence that strongly connects neonics to both pollinator decline and adverse health in aquatic invertebrates, particularly in view of the enormous economic value of North Carolina’s blue crab industry. Following these comments, the Board unanimously agreed to organize a task force of scientists to investigate the harms of neonics. The Board will accept nominations, and will then vote to approve these nominations.

Also presenting at the meeting were researchers from Preventing Agricultural Chemical Exposure (PACE) at Wake Forest University School of Medicine, who spoke about the neurological effects on farmworkers exposed to pesticides. Dr. Thomas Arcury spoke about the subclinical symptoms (i.e. not manifested physically) of pesticide exposure, and Dr. Sara Quandt spoke more directly to olfactory impairment in farmworkers exposed to pesticides as a likely marker of neurodegenerative diseases such as Parkinson’s. Dr. Paul Laurienti, also of Wake Forest University School of Medicine, spoke briefly about the strong correlation in pesticide-exposed farmworkers between exposure, balance, and brain anatomy. While Dr. Laurienti’s findings are not conclusive as a sign of ill-health in pesticide-exposed farmworkers, he stressed to the Board that the findings warrant further research.

Settlement Agreements for Violations of Pesticide Law

N.C. Department of Agriculture and Consumer Services, Structural Pest Control and Pesticide Division v.

Pesticide Board Settlements

FOR IMMEDIATE RELEASE

Local contact: Preston Peck, 919-833-1123 (O); 256-483-9503 (C), preston@toxicfreenc.org
National contact: Tiffany Finck-Haynes, (202) 222-0715, tfinckhaynes@foe.org
Communications contact: Kate Colwell, (202) 222-0744, kcolwell@foe.org

Dozens of people and 2.5M dead bees gather at Bayer Crop Science to call on corporate responsibility for global pollinator decline

Research Triangle Park, NC – Dozens of people from across North Carolina and the nation gathered at Bayer Crop Science North American Headquarters in Research Triangle Park on Monday to bring awareness to global pollinator decline. The group gathered around 2.5M dead bees that were trucked across the nation to represent the kills that many beekeepers face due to pesticides every year.

The rally and press conference was part of the national Keep the Hives Alive Tour that stopped in cities in California, South Dakota, Minnesota, Michigan, Pennsylvania and North Carolina during National Pollinator Week, June 13-23. Later this week, beekeepers, farmers, farmworkers, scientists and advocates will bring the truck load dead bees to Washington, D.C. to urge the EPA, the USDA and Congress to take action on toxic pesticides and support sustainable agriculture.

“Personally, I think pesticide loads are something that need to be looked at a lot more. That’s one thing that the (chemical) industry…it’s like a red herring or a giant elephant in the room for them,” said James Cook, a Minnesota-based commercial beekeeper, who drove the dead bees to North Carolina. “They don’t really want to talk about and look at what is actually going on with the relationship between pollinators and pesticides because I think they know what they would find. It would show a lot of issues going on there.”

Raleigh based non-profit, Toxic Free North Carolina, hosted the rally and press conference in front of Bayer Crop Science North American Headquarters in Research Triangle Park. This beekeeper, farmer, and activist led action called on major pesticide-producing companies, such as Bayer Crop Science, to take on more corporate responsibility by phasing out bee-killing pesticides that researchers are finding in our soil, water, and disrupting various ecosystems. Speakers included beekeepers, activists, and farmers like Charles McNair, founder of Freedom Farm in Goldsboro that promotes youth empowerment though agriculture.

“We don’t just grow food, we grow soil.” said McNair. “Everything we need to protect food cultivation can be found in nature.”

Other speakers included, Representative John Ager from Buncombe County, Liz Lindsey, NC Master Beekeeper, Tony Kleese, farmer and owner of Earthwise Organics, and Nick Wood, State Organizer with Appalachian Voices.

Bayer representatives were on site, but declined to come to the event to listen to the stories presented by the speakers despite numerous invitations.

The truck transporting the bees is now on the way to Washington D.C. for a similar event outside of the EPA where farmers, beekeepers, and other supporters will meet with agency officials and have a Congressional Briefing on Thursday.

####

Toxic Free NC’s mission is to engage North Carolinians in the transition to a toxic free society through initiatives that promote human and environmental health.

Keep the Hives Alive is supported through Pollinator Stewardship Council, Friends of the Earth, Center for Food Safety, Minnesota-California Honey Company, and Organic Consumers Association

The following is an article written by Toxic Free NC policy intern, Elisa Lazzarino:

Published in The Technician on June 11, 2016.

Elisa Lazzarino, Guest Columnist

Board members present: Dr. Colleen Hudak-Wise, Dr. Ricky Langley (Chair), Dr. Thomas Scarborough (Vice-Chair), Shawn Harding, Don Rodgers, Dr. W. Benson Kirkman

The NC Pesticide Board met on May 10^th, 2016 with an extremely full agenda of settlement agreements. The Board’s new legal counsel, Christopher McLennan, has made it a priority to catch up on settlement agreements, as there was a backup due to paralegal troubles within the Department of Agriculture. There were 23 settlement agreements for a total of $33,800 in penalties that were up for approval from the Board, with all of them being approved unanimously. Please see link below for description of violation, violator, and settlement amount.

Before the Board moved into the settlement agreements, Toxic Free NC’s Policy Advocate, Preston Peck, had an opportunity to give a presentation to the Board entitled, “The state of the science of neonicotinoid insecticides and effects on aquatic invertebrates.” This presentation gave a review of “Neonicotinoid contamination of global surface waters and associated risk to aquatic invertebrates: A review” by Morrissey et. al. and related it back to water contamination issues in North Carolina. The Board was quite receptive to this presentation and voted unanimously to inquire into NC Department of Environmental Quality’s Random Ambient Monitoring System (RAMS) about if they are monitoring for neonicotinoid insecticides and, if so, what levels they are finding. If the RAMS program is not monitoring for neonicotinoids, then the Board admitted that testing should be conducted through a commissioned study. The results of the inquiry are to be reported back at the next Board meeting. Please see full speech below.

“The state of the science of neonicotinoid insecticides and effects on aquatic invertebrates.” Preston Peck, Policy Advocate, Toxic Free NC

Thank you for the opportunity to bring these important issues concerning pesticide contamination to the Board’s attention. What you have in front of you is a comprehensive review by Morrissey et al. of 29 published studies from nine countries on the acute and chronic toxicity to 49 species of aquatic insects and crustaceans spanning 12 invertebrate orders. These studies are from the academic sector, industry sector, and various government regulatory entities. The findings in the study are consistent with what I have brought forward to the Board previously, in that, the thresholds set for water contamination of neonicotinoids by regulatory agencies a vastly under representative of the levels that can lead to both short and long-term impacts on aquatic invertebrate species. Furthermore, consistent with Center for Food Safety’s report, Water Hazard, the majority of studies reviewed used Daphnia magna as their test species for neonicotinoids. This information could contribute to the regulatory agencies setting the threshold extremely high for neonicotinoid exposure as D. magna seems to be the industry’s preferred test species but also has an extremely high tolerance for neonicotinoid exposure at a half maximal effective concentration (EC₅₀) range of 4100 to 1,000,000 mg/L, with a geometric mean of 43,927 mg/L. By contrast, the mayfly, caddisfly, and midge are about 100,000 times more sensitive to neonicotinoids, have acute toxicity levels that average below EPA standardized thresholds for neonicotinoids, and are critical to supporting aquatic and terrestrial food webs. The overreliance on D. magna, that has an extremely high tolerance for these chemicals, can, and potentially has, lead to an inadequate determination of levels that impact aquatic invertebrates by both state and federal regulatory agencies.

Furthermore, in light of the Board’s previous comments concerning water sampling in North Carolina and that the levels found of specifically, imidacloprid, were well below the thresholds set forth by the EPA, I reached out to the NC Division of Water Resources to ask about sampling methodology. After speaking with Brian Pointer, Ambient Monitoring System Coordinator within the Division, I found out several things about the sampling methodology that concerned me that the true exposure rates are not being adequately represented. In his words, “RAMS are sampled monthly (not based on weather/streamflow – again, the random nature of the sampling), but pesticides are sampled every other month in addition to SVOCs and a couple of other parameters.  RAMS are sampled on a two year cycle, are always freshwater stream sites, and the sites are chosen at random from a grid that is provided us by EPA.  They are occasionally near urban and agricultural activities, but they are not purposely targeted at those locations due to the random nature of site selection.  Generally, these sites are very small streams, but we do have a couple of large rivers occasionally (e.g., NE Cape Fear in this current cycle).”

This was concerning for a variety of reasons in relation to pesticide water contamination. First, it is troubling to know that pesticide contamination sampling occurs only six times a year by the Division, and not necessarily in areas that have heavy agricultural production. While, I understand the benefits and scientific significance of randomized sampling, there could be effort to strategically obtain random samples for a general region, so that we can obtain data that accurately reflects pesticide contamination for both high and low agricultural production areas. Also, it was troubling to hear that samples are not taken at peak flows following rain, and other events that would more adequately reflect the real toxicity thresholds that these species face. Given this information of sampling methodology, there seems to be a gap in knowledge of perceived pesticide contamination levels and realistic contamination levels.

Under the Pesticide Law of 1971, section 143-437, part 2, the Board has the duty “to carry out a planning, environmental and biological monitoring, and investigation into long-rage needs and problems concerning pesticides.” That being said, the evidence of water contamination by neonicotinoid insecticides is well documented at levels that, at the very least, are disruptive to aquatic ecosystems and the Board should therefore commission a study to investigate the level of contamination around North Carolina at peak flow times in areas where there is heavy neonicotinoid use as to accurately estimate maximum threshold exposure levels for both aquatic invertebrate species and other species that might consume contaminated water. It is also within the purview of the Board, under section 143-440, Part (a) that the Board “may designate any pesticide or device as a ‘restricted use pesticide’ upon the grounds that, in the judgment of the Board (either because of its persistence, its toxicity, or otherwise) it is so hazardous or injurious to persons, pollinating insects, animals, crops, wildlife, or the environment, other than the pests it is intended to prevent, destroy, control, or mitigate that additional restriction on its sale, purpose, use or possession are required.”

It is the recommendation of Toxic Free NC that the Board commission a study to specifically examine neonicotinoids pervasiveness in North Carolina’s soil and water, then, contingent upon the findings and public input, restrict the application and sale of neonicotinoids as the Board sees appropriate. I hope that the Board strongly considers these recommendations and takes the pervasiveness of these chemicals seriously as more articles come out everyday demonstrating how pervasive these chemicals continue to be in our environment.

Preston H. Peck, Policy Advocate

Toxic Free NC

Settlement Agreements for Violations of Pesticide Law

N.C. Department of Agriculture and Consumer Services, Structural Pest Control and Pesticide Division v.

Settlement Agreements Chart