Department of Pesticide Regulation

COOPERATIVE AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION, THE CALIFORNIA AGRICULTURAL COMMISSIONERS AND SEALERS ASSOCIATION, AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 9

The Department of Pesticide Regulation (DPR), California Agricultural Commissioners and Sealers Association (CACASA), and U.S. Environmental Protection Agency (U.S. EPA), Region 9 are parties to a three-way cooperative agreement that ensures a unified and coordinated program of pesticide episode reporting, investigation, and enforcement action in the State of California.

During the Spring 2005 CACASA Conference, an updated version of the agreement-as drafted by DPR in consultation with CACASA and U.S. EPA Region 9-was approved and a representative of each party has signed it.

Some of the updates to the new agreement include:

• A revised definition for "episode"
• The "Legal Authority" section has been revised to include a reference to an "Appendix B," (attached to the agreement) which is the Section 26/27 Final Interpretive Rule (published in the Federal Register on January 5, 1983), as well as to references to the California Business and Professions Code and Health and Safety Code sections
• The "Investigations" section states that investigations will commence no later than three (formerly two) working days from the referral to the CAC
• The "Implementation Plan" section refers to an "Appendix C" (attached to the agreement). Appendix C consists of a "Pesticide Episode Notification Record" form to be completed by DPR and sent to U.S. EPA, the CAC, and other agencies. This section also includes clarifications on the content of the updated DPR report on preliminary CAC findings to be sent to U.S. EPA within 15 days of receipt of the Pesticide Episode Notification Record
• Elimination of the "sunset" date: The "Terms" section of the agreement specifies that it will be valid until modified or terminated
• "Appendix A" (Priority Investigation Effects Criteria) includes changes to the criteria specified under "Human Effects," "Environmental Effects-Air", and "Special Incidents."

Enclosed is a copy of the agreement for your files.

If you have any questions or comments, please contact me or Roy Rutz, DPR Enforcement Branch Program Supervisor III at (916) 324-4100.

cc:  Mr. Roy Rutz (w/Enclosures)
       Mr. James Shattuck, DPR Agricultural Commissioner Liaison (w/Enclosures)
       Mr. Al Lomeli, DPR Supervising Pesticide Use Specialist (w/Enclosures)
       Mr. Jahan Motakef, DPR Supervising Pesticide Use Specialist (w/Enclosures)