# 2 industry groups. These letters, as well as the Agency’s responses, are available on EPA’s

pyrethroid webpage at http://www.epa.gov/oppsrrd1/reev aluation/environmental-hazardstatment.html

.

On September 18, 2012, members of EPA’s Pe sticide Re-evaluation Division (PRD),

Registration Division (RD), and Environmental Fate and Effect s Division (EFED) attended a

workshop facilitated by the National Pest Management Association (NPMA) and the Association

of Structural Pest Control Regulat ory Officials ( ASPCRO ) in conjunction with The State-FIFRA

Issues Research and Evaluation Group (SFIREG) , developed to discuss questions raised by

professional pesticide applicators concerning revisions the 2009 pyret hroid non-agricultural

language.

At the workshop, the biology and behavior of certain aggregating, overwintering pests was

described, and various control strategies for treat ing the pests were discussed and demonstrated.

PCOs demonstrated how t he 2009 limitations on general surface applications to the outside of

structures to areas less than thre e feet above grade, or to spot and crack and crevice treatments,

impede PCOs’ ability to effectively contro l certain overwintering pests (or “occasional

invaders”), such as brown marmorated sti nk bugs and kudzu bugs. The workshop facilitators

explained that methods such as sealing of cracks and crevices, and targetin g treatments to pest

entry points via crack and crevice application is extremely labor intensive and a potentially

ineffective means to control th e extremely large populations of overwintering pests from seeking

harborage locations inside structures.

NPMA, ASPCRO, and SFIREG suggested revisions to the directions for use on pyrethroid

pesticide products intended to clarify potenti al ambiguity and enha nce the capability of

professional applicators to tr eat overwintering pests.

Revisions to 2009 Language

After considering all comments received to date and the information presented by stakeholders

on September 18 th 

# , applications made by PCOs to treat overwintering pests will be allowed in

size exceeding those of a spot or crack and crevi ce treatment, if the treatme nt area is above turf

or vegetation and when aggregati ng pests are present. Treatments to large structural areas above

impervious surfaces, such as driveways, will still be prohibited, limiting the potential for run-off

or drift to urban surface water.

Because the residual acti vity of pyrethroid pesticide products is limited, and the chemicals are

expected to wash off of structural surfaces and enter nearby sewer systems and water bodies

during the first rain event, prophylact ic treatments to large areas of structural surfaces exposed to

rainfall will not be allowed. However, treatments larger in scale than a spot or crack and crevice

treatment, applied to structural areas permanently protected from rainfall by a covering,

overhang, awning, or other such structure , can be made in th e absence of pests.

EPA will allow registrants the option of adding the label language below to the Use Directions of

end use product labels intended for occupational us e. The revisions are specified in the revised

table of “Environmental Hazard and General Labe ling for Pyrethroid Non-Agricultural Outdoor

# 3 Products”, included as an attachment to this letter and available on EPA’s webpage at

http://www.epa.gov/oppsrrd1/reevalua tion/pyrethroids-pyrethrins.html

o “Do not apply directly to impervious horizontal surfaces such as sidewalks, driveways, and

patios except as a spot or crack and crevic e treatment. During application, do not allow

pesticide to enter or run off in to storm drains, drainage ditche s, gutters or surface waters.”

o “All outdoor applications, if permitted elsewhere on this label, must be limited to spot or

crack-and-crevice treatments only, except fo r the following permitted uses, if allowed

elsewhere on this label:

1. Applications to soil or vegetation, as listed on this label, around structures;

2. Applications to lawns, turf, and ot her vegetation, as listed on this label;

3. Applications to the side of a building, up to a maximum height of 3 feet above

grade;

4. Applications to underside of eaves, soffits, doors, or windows permanently

protected from rainfall by a covering, ove rhang, awning, or ot her structure;

5. Applications around potential pest entry points into buildings, when limited to a

surface band not to exceed one inch in width;

6. Applications made through the use of a co arse, low pressure spray to only those

portions of surfaces that are directly above bare soil, lawn, turf, mulch or other

vegetation, as listed on this label, and not over an impervious surface, drainage or

other condition that could result in runoff in to storm drains, drainage ditches, gutters,

or surface waters, in order to control o ccasional invaders or aggregating pests.”

What You Can Do

Submit amended labels for the end use products containing pyrethroid active ingredients

intended for professional use on outdoor, non- agri cultural treatment sites, reflecting only the

changes described above to the “Directions for Use” section. This action does not require the

submission of registration serv ice fees under the Pe sticide Registration Improvement Act

(PRIA) because Agency-initiated amendments ar e not subject to PRIA. As described in 40

CFR §152.50, the registrant should submit a comp leted Application for Registration (EPA

Form 8570-1), along with any ot her required documentation.

Amendment requests should be sent to one of the following addresses:

U.S. Postal Service Deliveries

The following official mailing address should be used for notifications sent to OPP by

U.S. mail:5Environmental Hazard and General Labeling for Pyrethroid Non-Agricultural Outdoor Products- Revised January 10, 2013Description Amended Labeling Language Placement on LabelEnd-Use Products Intended for Occupational Use (WPS and Non-WPS)Note to Registrant:Please note that the following Environmental Hazard Statements (perPR Notice 2008-1) areonlyintended to replace eitherof the following statements,whichever one appears on the pesticide label, typically found on products registered for an outdoor use:“Do not apply directly to water. Do not contaminate water when disposing of equipment washwaters or rinsate.”“For terrestrial uses: Donot apply directly to water, or to areas where surface water is present or to intertidal areas belowthe mean high water mark.Do not contaminate water when disposingof equipment wash water or rinsate.”Other required environmental statementsmustremain on the label, such as wildlifehazard statements as toxicology datadictate (e.g., specific precautionarystatements concerning bees,fish or aquatic organisms).Environmental hazardstatements onLiquid Concentrate consumer outdoorproducts (e.g., liquids mixed with waterby the user for a tank sprayer or hoseend attachment)“To protect the environment, do not allow pesticide to enter or run off intostorm drains, drainage ditches, guttersor surface waters. Applying thisproduct in calm weather when rain is not predicted for the next 24 hourswill help to ensure that wind or rain does not blow or wash pesticide offthe treatment area. Rinsing application equipment over the treated areawill help avoid run off to water bodies or drainage systems.”Environmental Hazard StatementEnvironmental hazardstatements onBroadcast Granular consumer outdoorproducts (e.g., ready-to-use granularproducts which may be combined withfertilizers and broadcast applied with adrop or rotary spreader)“To protect the environment, do not allow pesticide to enter or run off intostorm drains, drainage ditches, guttersor surface waters. Applying thisproduct in calm weather when rain is not predicted for the next 24 hourswill help to ensure that wind or rain does not blow or wash pesticide offthe treatment area. Sweeping any product that lands on a driveway,sidewalk, or street, back onto the treated area of the lawn or garden willhelp to prevent run off to water bodies or drainage systems.”Environmental Hazard StatementEnvironmental hazardstatements onDusts consumer outdoor products (e.g.,for garden or ornamental)“To protect the environment, do not allow pesticide to enter or run off intostorm drains, drainage ditches, guttersor surface waters. Applying thisproduct in calm weather when rain is not predicted for the next 24 hourswill help to ensure that wind or rain does not blow or wash pesticide offthe treatment area.”Environmental Hazard StatementEnvironmental hazardstatements onLiquid Ready-to-Use consumer outdoor“To protect the environment, do not allow pesticide to enter or run off intostorm drains, drainage ditches, guttersor surface waters. Applying thisproduct in calm weather when rain is not predicted for the next 24 hoursEnvironmental Hazard Statement6Environmental Hazard and General Labeling for Pyrethroid Non-Agricultural Outdoor Products- Revised January 10, 2013Description Amended Labeling Language Placement on Labelproducts (except aerosols) will help to ensure thatwind or rain does not blow or wash pesticide offthe treatment area.”Additional Application Restrictions ForOutdoor UseProducts labeled for preconstruction termiticide applications:“The treatment site must be covered prior to a rain event in order toprevent run-off of the pesticide into non-target areas.The applicator must either cover the soil him/herself or provide writtennotification of the above requirement to the contractor on site and to theperson commissioning the application (if different than the contractor). Ifnotice is provided to the contractor or the person commissioning theapplication, then they are responsible under FIFRA to ensure that: 1) if theconcrete slab cannot be poured over the treated soil within 24 hours ofapplication the treated soil is coveredwith a waterproof covering (such aspolyethylene sheeting), and2) the treated soil is covered if precipitation ispredicted to occur before the concrete slab is scheduled to be poured.”“Do not treat soil that is water-saturated or frozen.”“Do not treat when raining.”“Do not allow treatment to runoff from the target area.”“Do not apply within 10 feet of stormdrains. Do not apply within 25 feetof aquatic habitats (such as, but notlimited to, lakes; reservoirs; rivers;permanent streams; marshes or ponds; estuaries; and commercial fish farmponds).”“Do not make on-grade applications when sustained wind speeds areabove 10 mph (at application site) at nozzle end height.”Requirements for Granular Formulations labeled or intended foroutdoor residential uses:“Apply this product directly to the lawnor garden area. Water treated areaas directed on this label. Donot water to the point of run-off.”Directions for Use7Environmental Hazard and General Labeling for Pyrethroid Non-Agricultural Outdoor Products- Revised January 10, 2013Description Amended Labeling Language Placement on Label“Do not make applications during rain.”Requirements for Liquid, Dust, and Ready to Use Formulationsproducts labeled or intended for outdoor residential uses:“Do not water the treated area to the point of run-off.”“Do not make applications during rain.”Additional Application Restrictions ForResidential Outdoor Surface and SpaceSprays, except for outdoor foggingdevices.i“All outdoor applications, if permitted elsewhere on this label, must belimited to spot or crack-and-crevice treatments only, except for thefollowing permitted uses, if allowed elsewhere on this label:1. Applications to soil or vegetation, as listed on this label, aroundstructures;2. Applications to lawns, turf, and other vegetation, as listed on this label;3. Applications to the side of a building, up to a maximum height of 3 feetabove grade;4. Applications to underside of eaves, soffits, doors, or windowspermanently protected from rainfall by a covering, overhang, awning, orother structure;5. Applications around potential pest entry points into buildings, whenlimited to a surface band not toexceed one inch in width;6. Applications made through the useof a coarse, low pressure spray toonly those portions of surfaces that aredirectly above bare soil, lawn, turf,mulch or other vegetation, as listed on this label, and not over animpervious surface, drainage or othercondition that could result in runoffinto storm drains, drainage ditches,gutters, or surface waters, in order toDirections for Use8Environmental Hazard and General Labeling for Pyrethroid Non-Agricultural Outdoor Products- Revised January 10, 2013Description Amended Labeling Language Placement on Labelcontrol occasional invaders or aggregating pests.”Note to registrant: If the end use product does not contain directions foruse consistent with the exceptions above the exceptions may be eliminatedfrom the label.General Application Restrictions for allproducts that do not contain directionsfor use in drains or sewersProducts labeled for use around or near floor drains must contain thefollowing statement.“Application is prohibited directly into sewers or drains, or to any arealike a gutter where drainage to sewers, storm drains, water bodies, oraquatic habitat can occur. Do notallow the product to enter any drainduring or after application.”Directions for UseGeneral Application Restrictions for allproducts that contain directions for usein drains or sewers“Do not apply directly to sewers or drains, or to any area like a gutterwhere drainage to sewers, storm drains, water bodies, or aquatic habitatcan occur, except as directed by this label.”Directions for UseEnd Use Products Primarily Used by Consumers/HomeownersNote to Registrant:Please note that the following Environmental Hazard Statements (perPR Notice 2008-1) areonlyintended to replace eitherof the following statements,whichever one appears on the pesticide label, typically found on products registered for an outdoor use:“Do not apply directly to water. Do not contaminate water when disposing of equipment washwaters or rinsate.”“For terrestrial uses: Donot apply directly to water, or to areas where surface water is present or to intertidal areas belowthe mean high water mark.Do not contaminate water when disposingof equipment wash water or rinsate.”Other required environmental statementsmustremain on the label, such as wildlifehazard statements as toxicology datadictate (e.g., specific precautionarystatements concerning bees,fish or aquatic organisms).Environmental hazardstatements onLiquid Concentrate consumer outdoorproducts (e.g., liquids mixed with waterby the user for a tank sprayer or hoseend attachment)“To protect the environment, do not allow pesticide to enter or run off intostorm drains, drainage ditches, guttersor surface waters. Applying thisproduct in calm weather when rain is not predicted for the next 24 hourswill help to ensure that wind or rain does not blow or wash pesticide offthe treatment area. Rinsing application equipment over the treated areawill help avoid run off to water bodies or drainage systems.”Environmental Hazard Statement9Environmental Hazard and General Labeling for Pyrethroid Non-Agricultural Outdoor Products- Revised January 10, 2013Description Amended Labeling Language Placement on LabelEnvironmental hazardstatements onBroadcast Granular consumer outdoorproducts (e.g., ready-to-use granularproducts which may be combined withfertilizers and broadcast applied with adrop or rotary spreader)“To protect the environment, do not allow pesticide to enter or run off intostorm drains, drainage ditches, guttersor surface waters. Applying thisproduct in calm weather when rain is not predicted for the next 24 hourswill help to ensure that wind or rain does not blow or wash pesticide offthe treatment area. Sweeping any product that lands on a driveway,sidewalk, or street, back onto the treated area of the lawn or garden willhelp to prevent run off to water bodies or drainage systems.”Environmental Hazard StatementEnvironmental hazardstatements onDusts consumer outdoor products (e.g.,for garden or ornamental)“To protect the environment, do not allow pesticide to enter or run off intostorm drains, drainage ditches, guttersor surface waters. Applying thisproduct in calm weather when rain is not predicted for the next 24 hourswill help to ensure that wind or rain does not blow or wash pesticide offthe treatment area.”Environmental Hazard StatementEnvironmental hazardstatements onLiquid Ready-to-Use consumer outdoorproducts (except aerosols)“To protect the environment, do not allow pesticide to enter or run off intostorm drains, drainage ditches, guttersor surface waters. Applying thisproduct in calm weather when rain is not predicted for the next 24 hourswill help to ensure that wind or rain does not blow or wash pesticide offthe treatment area.”Environmental Hazard StatementAdditional Application Restrictions ForOutdoor UseRequirements for Granular Formulations labeled or intended foroutdoor residential uses:“Apply this product directly to the lawnor garden area. Water treated areaas directed on this label. Donot water to the point of run-off.”“Do not make applications during rain.”Requirements for Liquid, Dust, and Ready to Use Formulationsproducts labeled or intended for outdoor residential uses:“Do not water the treated area to the point of run-off.”“Do not make applications during rain.”Directions for UseAdditional Application Restrictions ForGeneral Outdoor Surface and SpaceSprays, except for outdoor foggingdevices.“All outdoor applications must be limited to spot or crack-and-crevicetreatments only, except for the following permitted uses:(1) Treatment to soil or vegetation around structures;(2) Applications to lawns, turf, and other vegetation;(3) Applications to building foundations, up to a maximum height of 3feet.Directions for Use10Environmental Hazard and General Labeling for Pyrethroid Non-Agricultural Outdoor Products- Revised January 10, 2013Description Amended Labeling Language Placement on LabelOther than applications to building foundations, all outdoor applications toimpervious surfaces such as sidewalks, driveways, patios, porches andstructural surfaces (such as windows,doors, and eaves) are limited to spotand crack-and-creviceapplications, only.”Note to registrant: If the end use product does not contain directions foruse consistent with the exceptions above the exceptions may be eliminatedfrom the label.General Application Restrictions for allproducts that do not contain directionsfor use in drains or sewersProducts labeled for use around or near floor drains must contain thefollowing statement.“Application is prohibited directly into sewers or drains, or to any arealike a gutter where drainage to sewers, storm drains, water bodies, oraquatic habitat can occur. Do notallow the product to enter any drainduring or after application.”Directions for UseGeneral Application Restrictions for allproducts that contain directions for usein drains or sewers“Do not apply directly to sewers or drains, or to any area like a gutterwhere drainage to sewers, storm drains, water bodies, or aquatic habitatcan occur, except as directed by this label.”Directions for UseiThis section contains the use directions revised in January 2013 to allow treatments to aggregating pests in certain circumstances, as described in EPA’s letter topyrethroid registrants of January 10, 2013, available on EPA’s webpage at http://www.epa.gov/oppsrrd1/reevaluation/environmental-hazard-statment.html.