The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2001)); section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2007 Supp.)); the Brownfields Revitalization Amendment Act of 2010 (“Brownfields Act”), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code § 8-631 et seq.); and Mayor’s Order 98-47, as amended by Part III.20 of Mayor’s Order 2006-61, dated July 14, 2006, hereby gives notice of his intent to repeal Chapters 22 through 25 of Title 20 of the District of Columbia Municipal Regulations (DCMR) (Pesticide Operation Regulations) in their entirety, and adopt the following new provisions in Chapters 22 through 25, in no less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Current Regulations (20 DCMR 22-25- DC Municipal Regulations and DC Register):
- Title 20 Chapter 22 - Control of Pesticides
- Title 20 Chapter 23 - Pesticide Applicators
- Title 20 Chapter 24 - Pesticide Operators
- Title 20 Chapter 25 – Pesticides Administration and Enforcement
Loretta Carter Hanes Notification Act of 2008
On June 11, 2008, the Loretta Carter Hanes Pesticide Consumer Notification Act of 2008 became effective.
The Act is intended to:
- Provide information to citizens about the pesticides that are applied in and around their homes.
- Encourage the use of reduced risk pesticides and methods of pest control.
- Notify citizens of outdoor pesticide applications.
Information for citizens:
Before a pesticide is applied by a contracted company, the company is required to provide you with certain information about the pesticide and the application process including the:
- Name, telephone number, and DC pesticide operator license number of the company applying the pesticide.
- Name of the person applying the pesticide or active ingredient.
- Common name of the pesticide.
- National Capitol Poison Control Center phone number: (800) 222-1222.
- A "Notice of Pesticide Application" before pesticides are applied. This notice contains standard language that indicates if "reduced risk pesticides" are being used and includes an offer to provide you with additional information about the pesticide being applied.
Reduced risk pesticides and reduced risk methods of pesticide application:
DDOE has proposed the following list of reduced risk pesticides and reduced risk pest control methods.
Reduced Risk Pest Control Methods:
- Pesticides used for the purpose of rodent control are placed directly into rodent burrows or placed in areas inaccessible to children or pets.
- Pesticides in the form of a non-liquid gel used for the purpose of insect control are placed in areas inaccessible to children or pets.
Reduced Risk Pesticides
- Products classified by the United States Environmental Protection Agency ("U.S. EPA") as exempt from regulation (these products are discussed in detail in 40 C.F.R. § 152.25 (2008, or as amended), and include only certain active and inert ingredients identified in the CFR. View the most current list of inert ingredients.
- Biological active ingredients in products registered by U.S. EPA, including registered components of plant-incorporated protectants ("PIPs"), when used according to U.S. EPA-approved label directions.
- The following compounds, when used according to U.S. EPA label directions: boric acid, disodium octaborate tetrahydrate, silica gels, or diatomaceous earth.
- Non-volatile pesticides in tamper resistant containers.
Outdoor pesticide application notification:
Pesticide applications on lawns or ornamental plants will be accompanied by posting a sign on the property.
The Act to Amend the Pesticide Operations Act of 1977 [PDF] is to require that pesticide operators provide information to customers concerning the type of pesticide to be used, to require the owners of multi-unit properties to provide notice to residents prior to the application of pesticides and information concerning that pesticide, and to require the Mayor to publish a list of reduced-risk pesticides and methods of pest control.
More information can be found in the Emergency Rules to Support the Act [PDF] document.
Proposed Regulations (20 DCMR 22-25)
This proposed rulemaking implements the provisions of the Pesticide Education and Control Amendment Act of 2012 and amends and reorganizes the District's existing pesticide regulations. The Department published a Notice of Proposed Rulemaking in the D.C. Register on May 30, 2014 at 61 DCR 5432, which includes a summary of the rulemaking. The proposed rulemaking contains revisions that include clarification of the requirements for fumigation, pest inspection, and the registration of technicians. Comments received during the comment period, which ended on June 30, 2014, were carefully considered.
Recently proposed regulations: