22 TAC §595.11
The Texas Structural Pest Control Board proposes an amendment
to §595.11 concerning schools. The Amendments alter the component products
of the green, yellow and red lists, extend the number of applications allowed
for yellow list products and require prior approval for the use of Red List
Products. The amendments also narrow the use of green list products indoors.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no effect on state or local government for the first five year
period the rule will be in effect.
Roger B. Borgelt, General Counsel has determined that for each year of
the first five years the rule as proposed is in effect the public benefits
anticipated as a result of enforcing the rule as proposed will be better
compliance through simplification of the classification of products and increased
use of green and yellow rather than Red List Products. There is no anticipated
economic cost to individuals who are required to comply with the rule as
proposed
Comments on the proposal may be submitted to Roger B. Borgelt, General
Counsel, Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin,
Texas 78723.
The amendment is proposed under Article 135b-6, which provides
the Structural Pest Control Board with the authority to license and regulate
structural pest control services.
No other statutes, articles, or codes are affected by the proposed amendment.
§595.11. Schools.
(a)
Pesticide
applications shall not be made within a school building if such an application
will expose students to unacceptable levels of pesticides.
(1)
Insect
and rodent baits in tamper-resistant containers or bait stations that are
on the Green List, or non-containerized baits or gels that are on the Green
List, as well as botanical insecticides which are on the green list may
be applied at anytime if students are not present in the room at the time
the treatment is occurring. These products may be applied to an open area
or multi-purpose room if the area within ten feet of the location is secured
and no students are present within the secured area during the time of application.
(2)
All other Green List products and Yellow List products may be applied to
a room only if students are not expected to be present in the room for the
next twelve hours, or the specified re-entry on the pesticide label, whichever
is longer.
(3)
Red List products may be applied to a building only if students are not expected
to be present in the building for the next twelve hours, or the specified
re-entry on the pesticide label, whichever is longer
.
[(a)
Pesticide applications shall not be made within a school
building if such an application will expose students to unnecessary physical
drift within the next 12 hours.]
[(1)
Green list products may be applied at any time if students
are not present in the room at the time the treatment is occurring. Green
list products may be applied to an open area or multi- purpose room if the
area within ten feet of the application site is secured and no students
are present within the secured area during the time of application.]
[(2)
Yellow list products may be applied to a room if
students are not expected to be present for the next 12 hours.]
[(3)
All other products may be applied only if students
are not expected to be present in the building for the next 12 hours].
(b)
Pesticide
applications shall not be made to outdoor school grounds if such an application
will expose students to physical drift of pesticide spray particles or unacceptable
levels of pesticides.
(1)
Green
List products may be applied if students are not expected to be present within
ten feet of the application site at the time of application.
(2)
Yellow List products may be applied if students are not expected to be present
within ten feet of the application site for the next 12 hours, and if the
treated area is clearly marked to discourage entry, or secured by means
of a fence or similar barrier.
(3)
Red List products may be applied if students are not expected to be present
within 50 feet of the application site for the next 12 hours, and if the
treated area is clearly marked to discourage entry, or secured by means
of a fence or similar barrier. Red List products may be applied only if
there are not wind conditions that would disperse the chemical beyond the
marked or secured zone
.
[(b)
Pesticide applications shall not be made to an area on
school grounds if such an application will expose students to unnecessary
physical drift within the next 12 hours.]
[(1)
Green list products may be applied if the area within
ten feet of the location is secured and students are not expected to be
present in the secured area at the time of application.]
[(2)
Yellow list products may be applied to a localized
area of treatment if the area within ten feet of the application site is
secured and students are not expected to be present in the secured area for
the next twelve hours.]
[(3)
All other products may be applied in a low pressure
application to a localized area of treatment if there are no wind conditions
which would disperse the chemical, the area within 50 feet of the application
site is secured and students are not expected to be present within the secured
area for the next 12 hours].
(c)-(g)
(No change.)
(h)
Pesticides
approved for use on school property must be mixed outside student occupied
areas of the buildings and are classified as follows:
(1)
Green
List. All products must be one of the following: inorganic pesticides (i.e.,
boric acid, disodium octoborate tetrahydrate, silica gels, diatomaceous
earth); insect growth regulators; insect and rodent baits in tamper-resistant
containers or for crack and crevice placement only; microbe-based insecticides;
botanical insecticides (not including synthetic pyrethroids) containing
not more than 5% synergists; biological (living) control agents. Green list
products may be used at the discretion of the licensee.
(2)
Yellow List Products. All EPA Category III and IV pesticides (i.e., products
carrying a CAUTION signal word) not included in the Green List, with the
exception of restricted-use or state limited-use pesticides as defined under
the Federal Insecticide, Fungicide, and Rodenticide Act and/or the Texas
Agricultural Code. Use of Yellow List products shall require written approval
from the Certified Applicator. A copy of the approval must be sent to the
IPM Coordinator. Yellow List approvals shall have a duration of no longer
than six months or six applications per site, whichever occurs first.
(3)
Red List. All Category I and II pesticides (i.e., products carrying a WARNING
or DANGER signal word), not included in the Green List or restricted use
pesticides, or state limited-use pesticides as defined under the Federal
Insecticide, Fungicide, and Rodenticide Act and/or the Texas Agricultural
Code. Use of Red List products requires prior written approval from the
Certified Applicator and the IPM Coordinator. A copy of the approval must
be kept in a separate file in the pest control use records for the school
and clearly marked as Red List Approvals. Red List approvals shall have
a duration no longer than three months or three applications per site, whichever
is first.
[(h)
Pesticides approved for use on school property must be
mixed off-site or outside student-occupied areas of buildings and are classified
as follows:]
[(1)
Green List. All products must be from the following list:
Inorganic pesticides (i.e. boric acid, silica gels, diatomaceous earth, disodium
octoborate tetrahydrate) Non-containerized baits and gels for crack and
crevice use only; Insect growth regulators for crack and crevice or containerized
bait station use only; Insect and rodent baits in tamper-resistant containers
or bait stations; Microbial-based or fungal insecticides; granular baits
used in void areas; Biological (living) control agents; insecticidal soaps
and oils. Green list products may be used at the discretion of the licensee.]
[(2)
Yellow List. All EPA Category III and IV pesticides
(i.e., products carrying a CAUTION signal word) and insect growth regulators
which are formulated as dusts, wettable powders, micro-encapsulated products,
and granular products for use in a localized area of treatment, Botanical
insecticides, other than synthetic pyrethroids, containing not more than
5.0% synergists. Use of yellow list products require approval from the certified
applicator. A copy of the approval must be sent to the IPM Coordinator.
Yellow list approvals shall have a duration no longer than three months
or three applications per site, whichever occurs first.]
[(3)
Red List. Category I and II pesticides (i.e., products
carrying a WARNING or DANGER signal word) not included in the green list,
or any Category III or IV (Caution signal word) pesticides not included
in the green or yellow lists or restricted-use pesticides or state-limited
use pesticides as defined under the Federal Insecticide, Fungicide, Rodenticide
Act and/or the Texas Agriculture Code. Use of Red List products require
written approval from the certified applicator and IPM Coordinator. A copy
of the approval for the Category I or II Red List Product applied indoors
must be sent to the Texas Structural Pest Control Board no later than 14
days after the application. Red List approvals shall have a duration no
longer than three months or three applications per site, whichever is first].
(i)-(k)
(No change.)
Issued in Austin, Texas, on January 2, 1997.
TRD-9700018
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: February 14, 1997
For further information, please call: (512) 451-7200