United States
Environmental Protection
Agency
Pesticides And
Toxic Substances
(H7501C)
21T-1022
October 1991
Pesticides And
  iround-Water Strategy

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                  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  WASHINGTON, D.C. 20460


                                                                   OCT  I 7
 Dear Friends:
                                                                               OFFICE OF
                                                                           THE ADMINISTRATOR
        Ground water resources are of vital importance to this country - to the health of our citizens, the
 integrity of many of our ecosystems, and the vigor of our economy. We must make every effort to protect
 the quality of these resources, which are increasingly threatened by a variety of human activities. Among
 the activities of concern is the use of pesticides and agricultural chemicals.

        Since 1986, the Environmental Protection Agency (EPA) has conducted an extraordinary effort to
 develop a strategic framework to address the problem of ground-water contamination by  pesticides and
 other agricultural chemicals.  Starting with major public workshops, this Pesticides and  Ground Water
 Strategy is the end result of an interactive process between EPA and  other federal agencies, state
 agricultural, environmental and public health agencies, the private sector, environmentalists, farmers and
 other chemical users and ground water experts. During this period, the states in particular have taken an
 active and constructive role in addressing pesticides and ground-water issues, moving ahead with many
 of the management approaches endorsed by the Strategy.

        The Strategy describes  how  EPA currently uses and intends to use its pesticide  regulatory
 authorities under the Federal Insecticide, Fungicide,  and Rodenticide Act (FIFRA) to achieve the Agency's
 overall goals for ground-water protection. It also describes a new federal-state partnership approach for
 addressing unreasonable risks from ground-water contamination by the use of pesticides.  The Strategy
 is the first embodiment of the Agency's Ground-Water Protection Strategy of the 1990's, published in July
 1991.  It is important to recognize that this Strategy for pesticides  in ground water reflects the Agency's
 broad policy directions as expressed by the Agency's new ground-water protection philosophy of pollution
 prevention, the coordinated use of all available risk-reduction tools, and  a new federal-state relationship
 to better address the important problem of localized and diffuse small-scale pollution sources.

        Implementing this Strategy will require considerable effort and extensive cooperation between the
 states and EPA, as well as other federal agencies. There will be a substantial learning period involved for
 all parties as the details of integrated federal, state and private-sector action are worked out. In fact, this
 process has already begun through the development of this Strategy and also through grants to the states
 aimed at developing improved capacity for coordinated ground-water protection programs.  The Agency's
 Pesticides and Ground-Water Strategy is part of a larger movement or evolution of policies to protect the
 Nation's ground-water resources, and to do so in a comprehensive manner.

       The Agency gratefully acknowledges the thoughtful  and constructive participation of the many
individuals who represented their agencies and organizations at the workshops that laid the groundwork
for this Strategy. The Agency also wishes to thank the people, including private citizens, who provided
written comments on the Proposed Strategy in 1988.
                                                   Sincerely
                                                       *nry Habicht II
                                                   Deputy Administrator
                                                                                        Printed on Recycled Paper

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TABLE OF CONTENTS
PREFACE	 i






EXECUTIVE SUMMARY	ES-1






PART I   PROBLEM ASSESSMENT	 1






PART H   EPA'S PESTICIDES AND GROUND-WATER STRATEGY	7




         CHAPTER 1 Environmental Goal	9




         CHAPTER 2 Prevention Policy and Program	21




         CHAPTERS Response Policy and Program	49






PART HI  PROGRAM IMPLEMENTATION	57






PART IV  CONCLUSION	77

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 PREFACE
 1 he purpose of EPA's Pesticides and Ground-Water Strategy is to
describe the policy framework in which the Environmental Protection
Agency (EPA) intends to address risks of ground-water contamina-
tion by pesticide chemicals. This Strategy is designed in accordance
with the overall policies and principles articulated in Protecting the
Nation's Ground Water:  EPA's Strategy for the 1990's. the final
report of the EPA Ground-Water Task Force, released in May 1991,
which guides all of EPA's programs relating to ground water.

     Five different statutes administered by EPA include some pro-
visions for the protection of ground water, including the Clean Water
Act (CWA), the Safe Drinking Water Act (SDWA), the Resource
Conservation and Recovery Act (RCRA),  and the Comprehensive
Environmental Response, Compensation andLiability Act (CERCLA,
also known as "Superfund"). However, the primary legislation which
deals with  the regulation of pesticides is  the Federal Insecticide,
Fungicide andRodenticide Act (FIFRA). The Strategy focuses on the
use of FIFRA authorities and also addresses the coordination of these
activities with other relevant programs  at EPA and other  federal
agencies to achieve the Agency's goals for the protection of ground
water.

     The need for a strategic policy initiative specifically to address
pesticide contamination of ground water arises from mounting evi-
dence that pesticide use can lead to contamination of ground water
resulting in significant risks to health and the environment in areas
where drinking water wells  are contaminated.  Moreover,  once
ground water is contaminated, it can be difficult and expensive to
rectify.

     In recent years, the detection of pesticides in ground water has
been reported with increasing frequency around  the country. Al-
though no one at this time can definitively describe the extent or
severity of pesticidal contamination of ground water, EPA, in coop-
eration with other federal agencies, is continuing its efforts to define
the scope of this environmental concern.   However, the Agency
believes that the currently available evidence of pesticides' potential
threats to ground water warrants the development of a strategy to
coordinate federal, state, and  private sector roles in addressing this
problem.  This strategy consists of educational, regulatory, and
research components.  At this time there is still the opportunity to
develop a coordinated approach focused on preventing problems
which are clearly emerging but not out of hand on a national level. The

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                                Agency is working to achieve a spirit of cooperation, between federal
                                and state authorities through development of its overall ground-water
                                protection policies, of which this Strategy is a part.


                                History of the Strategy


                                This Strategy has been under development for several years, and
                                many interested parties have been actively involved in this process.
                                Recognizing the emerging concerns aboutpesticides; in ground water,
                                EPA began the process with a major public workshop held in 1986,
                                in Coolfont, West Virginia, with representatives from federal agen-
                                cies, state agencies of agriculture, environment and health, industry
                                groups, environmental groups, farmers andrepresentatives of grower
                                groups, ground-water experts, and Congressional staff. The work-
                                shop identified a need for an overall plan to coordinate federal and
                                state efforts and to establish a common goal for ground-water
                                protection.  Also identified was the need for a balance of national
                                consistency in environmental and public health protection with
                                flexibility in tailoring management measures to local conditions.

                                     A second public  workshop was held at Coolfont during the
                                 Summer of 1987, also with broad participation. Among other things,
                                it was decided at that time that the scope of the Strategy would not
                                include fertilizer use.  Regarding fertilizer use, the Agency believes
                                it has both a greater understanding of and ability to address agricul-
                                 tural pesticides under FIFRA, as opposed to several other statutes
                                 available and better suited to   addressing fertilizer use.  (More
                                 recently, the Agency has initiated an effort to develop a strategic
                                 approach for the problem of nitrate contamination of ground water,
                                 of which fertilizers are one of the important sources).

                                     In February 1988, the Agency released for public comment the
                                 Proposed Strategy entitled, "Agricultural Chemicals in Ground Wa-
                                 ter: ProposedPesticide Strategy" and distributed the document widely
                                 to Congressional representatives, governors, federal and state agency
                                 officials, members of the agricultural and environmental communi-
                                 ties, and many other interested parties. The Agency received exten-
                                 sive and thoughtful comments on the Strategy, most of which were
                                 very supportive of the Agency' s efforts. The Agency has summarized
                                 and responded to these comments in a separate document filed with
                                 the Public Docket for the Strategy (OPP-00256).
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     This final Pesticides and Ground-Water Strategy reflects many
of the comments received. Some comments, which deal with details
of implementing the Strategy, have been identified for future consid-
eration in developing implementation documents, which will be
published at a later date.

     During this period, EPA has undertaken a high-level, compre-
hensive review of its overall ground-waterprotectionpolicies. In July
1989, EPA Administrator William K.  Reilly established the EPA
Ground Water Task Force made up of senior Agency officials and
chaired by the Agency's Deputy Administrator, F. Henry Habicht n,
to develop principles and policies to ensure effective and consistent
Agency decision-making that may affect ground-water resources.
The outcome of this effort, released in  May 1991, is Protecting the
Nation's  Ground  Water: EPA's Strategy for the 199Q's. which
includes a statement of principles to define the goals and to provide
policy guidance for all EPA programs dealing with the protection of
ground water.  This  final Pesticides and Ground-Water Strategy
adopts these principles as its environmental goal. The statement of
EPA's Ground-Water Protection Principles is included in the "Envi-
ronmental Goal" chapter of this Strategy (Part II, Chapter One).

     The Agency  gratefully acknowledges the thoughtful and con-
structive participation of the many individuals who represented their
agencies and organizations at the workshops that laid the groundwork
for this Strategy.   The Agency also wishes  to thank the people,
including private  citizens, who provided written comments on  the
Proposed Strategy in 1988.

     The Agency  wishes to acknowledge the efforts and achieve-
ments of those state  governments  that have taken  an active and
constructive role in addressing pesticides and ground-water issues.
These states are, in effect, ahead of this  Strategy, and are already
employing many of the management techniques envisioned in this
document, and demonstrating that they can work in the real world to
protect ground water.  This Strategy is intended, among other things,
to support the efforts of the most active states, and to encourage others
to take on pesticide and ground-water contamination issues in a
similar spirit of innovation.  EPA  also wishes to thank the U.S.
Department of Agriculture for its many helpful suggestions in devel-
oping this Strategy.

       Finally, the Strategy is  also intended to stimulate progress
toward the development of State Ground-Water Protection Programs
~ which is the long-term goal of the Agency's ground-water policies.
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                                 EPA recognizes that pesticides are only one among many potential
                                 threats to ground water, and consequently, protection of this resource
                                 mustheadin the direction of comprehensive programs; that adequately
                                 address the many diverse sources of potential contamination.  This
                                 Strategy embodies the Agency's overall principles for protectionrof
                                 ground water, and reflects the cooperative federal-state partnership
                                 approach envisioned for future, integrated  programs.  Thus, it is
                                 EPA's hope that this Strategy for pesticides will put wind in the sails
                                 of the state and federal efforts already underway to make effective,
                                 integrated State Ground-Water Protection Programs a reality.
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EXECUTIVE SUMMARY
     's Pesticides and Ground- Water Strategy describes the policies,
management programs, and regulatory approaches that the Agency
will use in order to protect the Nation's ground- water resources from
risks of contamination by pesticides.  The Strategy reflects the
Agency's overall goals and principles for the protection of ground
water. Thus, the general goal of this Strategy is to manage the use of
pesticides in order to prevent adverse effects to human health and the
environment and to protect the environmental integrity of the nation' s
ground-water resources; in determining appropriate prevention and
protection strategies, EPA will also consider the use, value, and
vulnerability of the resource, as well as social and economic values.
In pursuing this goal, the Agency will look for solutions that sustain
the productivity and economic viability of American agriculture. In
line with the Agency's principles for all of its ground- water related
programs, the emphasis of the strategic approach toward pesticides is
on the prevention of unreasonable risks of contamination, priorities
are focused on current or reasonably expected sources of drinking
water, and  a substantial role for the states  in the
protection of their own ground- water resources is
recognized in the Strategy.  Sound science and
assessment methods will be used to establish priori-
ties for prevention of ground- water contamination
to choose the most effective ways to reduce risks.
     It is important to recognize that this Strategy
for pesticides in ground water is not an isolated
development in terms of EPA' s policies for ground-
water. This Strategy explicitly reflects the policy
directions expressed in "EPA's Ground-Water Pro-
tection Principles", a statement of policy developed by a task force of
the Agency's senior officials, and included in Protecting the Nation's
Ground Water: EPA's Strategy for the 1990's. released in May 1991.
The  Ground-Water Protection Principles define for all of EPA's
programs which affect ground water, the goals of increased emphasis
on pollution prevention, a strong state role in ground-water protec-
tion, and the need to adopt a comprehensive approach to address the
many sources of contamination threats to ground-water resources.
The Agency's Ground-Water Task Force is pursuing the long-term
implementation of these Principles in the form of State Ground-Water
Protection Programs.
"... The general goal of EPA's Strategy is
to manage the use of pesticides in order
to prevent adverse effects on human health
and the environment and to protect the
environmental integrity of the nation's
ground-water resources."
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            Wellhead
           Protection
             Pesticides and
          Groundwater Strategy
   USD A Water
    Quality
    Initiative
 Nonpoint  [^^ Drinking
  Source   ^O  ^a'er
Management \   Regulations
            State Ground-Water
            Protection Programs
       Through the Ground-Water Protection Principles the'Strategy
is linked to and can be integrated with other evolving EPA programs
in order to avoid duplication of effort while promoting related
activities, for example, state-level assessments of various threats to
ground water. Thus, state efforts (often supported by EPA grants) to
implement this Strategy or the other Agency  ground-water related
programs listed  below  should be mutually  reinforcing  and pay
dividends in terms of targeting assessment and risk reduction efforts
and for the development of StateGround- Water Protection Programs.
These links to other EPA activities include:

    •   Nonpoint Source (NFS') Programs under section 319 of the
        Clean Water Act (CWA); under NPS programs states de-
        velop management plans to protect surface waters from all
        types of nonpoint source pollution. The Pesticide Strategy
        complements this effort by promoting assessments of pesti-
        cide usage as well as ground-water vulnerability, and the
        development of management plans  in agricultural areas
        vulnerable to ground-water contamination.

        State Ground-Water Strategies under section  106 of the
        CWA; promotes state inter-agency  coordination for the
        assessment, classification, and protection of ground-water
        resources. Under EPAs Strategy for the 1990s these pro-
        grams will be the foundation for comprehensive protection of
        the ground water resource.

        Wellhead Protection  Programs  under the Safe Drinking
        Water Act (SDWA); among other elements, Wellhead Pro-
        tection Programs includes as ses sment of hydrologic data and
        sources of contamination, primarily for public water supply
        wells.

        National Primary Drinking Water Regulations under SDWA
        EPA has developed Maximum Contaminant Levels (MCLs)
        for 18 pesticides (and 42 other pollutants), which are enforce-
        able for public drinking water supply systems. Public water
        systems responsible for monitoring and reduction of con-
        tamination risks are likely to benefit from both ground-water
        vulnerability assessments and pollution prevention measures
        (e.g., reduced pesticide use) resulting from this  Strategy.
        Similarly, assessments and monitoring conducted by public
        water systems can be useful inputs for planning other ground-
        water protection programs.
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       Ground-water protection is a matter of such complexity and
increasing concern to American society that no single regulatory or
non-regulatory strategy or approach would be adequate to deal with
the many issues and interests involved.  Thus, it is appropriate that
ground-water protection, as well as related pesticide issues, are also
being addressed through a variety of initiatives involving agencies in
addition to EPA.  For example, water quality programs in the U.S.
Department of Agriculture (USD A) are part of a coordinated govern-
ment-wide initiative.  Much of the initiative is  being targeted to
nonpoint source pollution identified in plans developed by the states
under requirements of Section 319 of the Clean Water Act. A major
objective of the USDA water quality initiative is to provide farmers,
ranchers and other land managers with information necessary to
voluntarily adopt improved, environmentally sound management
practices which do not sacrifice profitability. These efforts  include:

     •  The President's Water Quality Initiative, which coordinates
       federal research and demonstration projects to determine the
       impacts of agricultural practices on water quality, and meth-
       ods for minimizing adverse impacts. This initiative is under
       the leadership of the U.S. Department of Agriculture (USDA),
        and includes EPA, the U.S. Geological Survey (USGS), and
        the National Oceanographic and Atmospheric Administra-
        tion (NOAA);

     •   The USDA programs devoted to sustainable agriculture.
        integrated pest management, and integrated crop manage-
        ment, which strive to reduce the use of agrichemicals through
       judiciously targeted applications as part of a systems ap-
        proach to pest control and related crop management deci-
        sions at the grower level;

     •  The 1990 Farm Bill, which includes support for research on
        sustainable agriculture (reducing pesticide/fertilizer use),
        incentives for  enrolling areas including vulnerable ground
        (and surface) waters into conservation reserve programs, and
        other provisions which may lead to reductions in pesticide
        usage, thus reducing potential contaminant loading of the
        environment;

     •  Both USDA and EPA will assist states in developing state
        programs devoted to protection of ground-water resources
        from a variety of contamination sources.  Some states have
        made substantial progress with such programs; EPA  is
        continuing to  provide support  for further development of
        state capacity to plan and implement such programs.
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"...The Pesticides  and Ground-Water
Strategy should be viewed as a piece of a
larger mosaic which includes regulatory,
research, and legislative  initiatives  in
which agricultural and environmental
policy issues converge."
                                     Thus, the Pesticides and Ground-Water Strategy should be
                                 viewed as a piece of a larger mosaic  which includes regulatory,
                                 research and legislative initiatives in which agricultural and environ-
                                                mental policy issues converge.  This is the context
                                                in which the Agency and the states will use existing
                                                authorities to meet the objectives of promoting
                                                both a healthy agricultural economy and respon-
                                                sible environmental policies.
                                                    The primary statute for the regulation of pes-
                                                ticides is the Federal Insecticide, Fungicide and
                                                Rodenticide Act (FIFRA).  thus, this Strategy
                                                outlines both the use of FIFRA to regulate the use
                                                of pesticides, as well as the Agency's coordination
                                                of these activities with other relevant programs at
                                 EPA and other federal agencies to accomplish the Agency' s goals for
                                 ground-water protection.

                                     The Pesticides and Ground-Water Strategy is divided into three
                                 parts.  Part I is a summary assessment of the extent of problems
                                 associated with pesticides in ground water. Part II is the description
                                 of the Strategy itself. Part HI is a discussion of implementation issues.
                                 Summary Problem Assessment


                                 (jround water is a valuable national resource that can be vulnerable
                                 to contamination by pesticides from normal agricultural use as well
                                 as from point sources such as leaks, spills, and improper disposal of
                                 pesticides. Although the full extent of the problem is not known,
                                 enough information has been reported to indicate that problems have
                                 occurred in certain areas of the country.  A 1988  EPA report,
                                 Pesticides in Ground Water DataBase: Interim Report, indicated that
                                 normal field applications had resulted in the detection of 46 separate
                                 pesticides in the ground water of 26 states; point source problems have
                                 resulted in the detection of 32 separate pesticides in the ground water
                                 of 12 states. Subsequently, EPA has carried out the National Pesticide
                                 Survey of Drinking Water Wells which provides for the first time a
                                 statistically accurate assessment of the prevailing frequency and
                                 concentration of pesticide contamination of drinking water wells
                                 across the entire country. The Survey results likely reflect both point
                                 and non-point sources of contamination for the chemicals detected.
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    On November 13,1990, EPA reported the results of sampling as
the Survey's Phase I report, showing that 10.4% of community
drinking water wells sampled, and 4.2% of the domestic wells, have
detectable residues of at least one pesticide. From these occurrence
rates, the Survey infers that nearly 10,000 community drinking water
wells, and about 446,000 domestic water wells, have some detectable
level of pesticide contamination. A total of 16 pesticide ingredients/
metabolites were detected at least once.

     Contamination at levels of health concern (that is, at or above an
EPA Maximum Contaminant Level or  interim Health Advisory
Level) are rare.  However, no  such contamination was  found in
community drinking water wells, and less than 1% of domestic wells
(or less than 80,000) are likely to have such levels. This comports with
the results of earlier studies in EPA's Data Base. The majority of
findings of pesticides in ground water have been at relatively low
levels, although levels exceeding health-based criteria have been
reported in some areas, resulting in numerous well closings. The
National Survey provides an assessment of the prevailing occurrence
rates of pesticide contamination in drinking water wells nationwide.
However, the Survey  was not designed to provide  a degree of
geographic resolution sufficient to characterize specific  pesticide
contamination problems down to the local, county, or even state level.
In other words, the S urvey was not intended to detect all of the pos sible
"hot spots" of local contamination that may exist. Also, the Survey
did not attempt to examine all ground water, but only current drinking
water sources* EPA has completed the Phase II Report of the Survey
and is releasing it simultaneously with this Strategy. In Phase II, EPA
carried out statistical analyses of the Survey data and other pertinent
data to improve our understanding of how the presence of pesticides
and nitrate in drinking water wells is associated with patterns of
chemical use and the vulnerability of ground water to contamination.

     In summary, at this point we are not seeing evidence of signifi-
cant, widespread threats to public health. On the other hand, these data
do show that our ground-water resources are contaminated in various
locations across the country.  Furthermore, once contamination of
ground water has occurred, it may not be economically or technically
feasible to restore the resource.  For these reasons, prevention is the
primary focus of EPA's protection efforts.

     The potential vulnerability of ground water to pesticide contami-
nation is influenced by a complex set of factors that vary significantly
from area to area.  Furthermore, the use and value or quality of ground
water varies considerably across the country. In some areas, ground
water provides an irreplaceable source of drinking water for large
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                                 populations, while in other areas, ground water is essentially unus-
                                 able. Ground water may also affect associated ecosystems. For
                                 example, ground  waters  hydrologically  connected with surface
                                 waters may be critical to a sensitive aquatic habitat. These variations
                                 in the use, value, and vulnerability of ground water suggest the need
                                 for a localized approach to protection, as well as the need for
                                 coordinated federal and state efforts to address these problems.
Environmental Goal
Pesticides Strategy


The purpose of the Strategy is to articulate EPA's approach for
managing pesticide use both to protect ground water and to respond
to contamination incidents where they occur. The Strategy is orga-
nized into three chapters that address three key areas of policy: the
Agency's environmental goal; the strategy for prevention; and the
strategy for response to contamination. The Agency's policy choices
reflect consideration of its statutory authority and overall Agency
policies for ground-water protection, as well as comments received on.
the version of the Strategy proposed in 1988.

The environmental goal of the Strategy is establi shed by the Agency' s
Ground-Water Protection Principles for all of its programs relating to
ground water: the overall goal of EPA's Ground-Water Policy is to
prevent adverse effects to human health and the environment and to
protect the environmental integrity of the nation's ground-water
resources; in determining appropriate prevention and protection
strategies, EPA will also consider the use, value, and vulnerability of
the resource, as well as social and economic values. Adverse effects
means those risks that are significant  to affected populations and
determined to be unreasonable where appropriate under relevant
statutes. EPA's fundamental premise is that attainment of this goal is
necessary to achieve the sustainability of the resource  and closely
hydrologically connected surface water systems, not just for the near
term but for the future as well.  In addition, because ground-water
cleanup is extremely costly, usually difficult,  and in  some cases
impossible to achieve and demonstrate, EPA's goal is to emphasize
prevention of pollution where appropriate.    ;

     Reflecting the overall Agency goal, the goal of the Pesticide
Strategy is to prevent contamination of ground water resources that
would cause unreasonable risks to human health and the environment
resulting from the normal, registered use of pesticides, by taking
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appropriate actions where such risks may occur.
The Agency believes that the risk-benefit balancing
mandates of FIFRA  are  compatible with the
Agency's overall goal. All regulatory decisions
concerning pesticide registrations  under FIFRA
entail risk-benefit balancing decisions pursuant to
the FIFRA standard of "unreasonable risk to man or
the environment", which includes consideration of
economic and social costs and benefits.

     Priority for protection will be on: 1) the nation's
currently used and reasonably expected drinking
water supplies, both public and private, to ensure these do not present
adverse health risks and are preserved for present and future genera-
tions; and 2) ground water that is closely hydrologically connected to
surface waters, to ensure the attainment of surface water quality
standards which are necessary to protect the integrity of associated
ecosystems.

     Another Agency principle will be that the primary responsibility
for coordinating and implementing  comprehensive ground water
protection programs has always been and should continue to be vested
with the states. An effective ground-water protection program should
link federal, state and local activities into a coherent and coordinated
plan of action.

     To help determine when and where attainment of the  Ground-
Water Protection Principles may be in jeopardy, the Agency will use
health- or ecologically-based reference points to guide program deci-
sions.  The final report of the Agency's Ground-Water Task Force
(Protecting the Nation's Ground Water: EPA's Strategy for the 1990's)
explains that it is EPA's policy that in carrying out its programs, the
Agency will use Maximum Contaminant Levels (MCLs) under the S afe
Drinking Water Act as "reference points" for water resource protection
efforts when the ground water in question is a current or reasonably
expected source of drinking water. Water Quality Standards under the
Clean Water Act will be used as reference points when ground water is
closely hydrologically connected to surface water ecological systems.
Where MCLs are not available, EPA Health Advisory Levels or other
approvedhealth-based levels are recommended as the point of reference.
If such numbers are not available, reference points may be derived from
the health-effects literature where appropriate. In certain  cases, Maxi-
mum Contaminant Level Goals (MCLGs) under the Safe  Drinking
Water Act or background levels may be used in order to  comply with
federal statutory requirements.  Reference points are to be applied
differently for prevention and cleanup purposes.
"...The goal of the Pesticide Strategy is to
prevent contamination  of ground-water
resources that would cause unreasonable
risk to human health andthe environment
resulting from the normal, registered use
of pesticides, by taking appropriate actions
where such risks may occur."
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                                      The use of reference points to establish levels of regulatory
                                  concern or interest will facilitate EPA/state decision-making under
                                  this Strategy. With respect to EPA determinations pursuant to FIFRA,
                                  detections of pesticide residues in ground water are approached as part
                                  of a general weight-of-evidence assessment.  Detection at or aboye
                                  such health-based reference points constitutes a potential risk to
                                  health where it occurs.  EPA anticipates that the  risks posed by
                                  pesticide contamination of a local underground source of drinking
                                  water, at or above the MCL or other "interim" reference point, will
                                  generally deserve a careful assessment of continued pesticide use in
                                  that area. Any geographical pattern of detections that suggests the
                                  likelihood of exceedences will trigger a national reassessment of the
                                  risks and benefits of the continued use of the pesticide.  As stated in
                                  Protecting the Nation's Ground Water: EPA's Strategy for the 1990's.
                                  "reaching the MCL or other appropriate reference  point would be
                                  considered a failure of prevention." However, the fact that residues
                                  of apesticide in ground water exceed areference point does notrelieve
                                  EPA of its obligation under FIFRA to weigh the benefits as well as the
                                  risks in deciding whether to restrict or prohibit use of a pesticide.

                                      In summary,EPA's Ground-Water Protection Principles and the
                                  policies  they inspire emphasize the need:  1) to place an increased.
                                  emphasis on prevention of ground-water contamination, and strive to
                                  achieve greater balance between prevention and remediation activi-
                                  ties 2) to actively promote the development of State Ground-Water
                                  Protection Programs by  the states; and  3) to evolve a new, more
                                  comprehensive and flexible  approach toward the integration of
                                  federal, state andlocal resources to make responsible decisions for the
                                  protection of the environment.  The Pesticides and Ground-Water
                                  Strategy  will be a driving force in implementing the  Agency's
                                  Principles in that it:

                                      •   Places increased emphasis on prevention and resource pro-
                                          tection versus remedial treatment;

                                      •  Envisions a variety of means to protect the resource, and.
                                          provides the flexibility for decisions to be made on a geo-
                                          graphic basis-taking into account use, value and vulnerabil-
                                          ity, as well as social and economic values. W hile at the same
                                          time ensuring a national baseline of protection through the
                                          use of reference points; and

                                      •   Encourages the development of voluntary State Manage-
                                          ment Plans for pesticides, which support the further develop-
                                          ment of, and can subsequently be integrated with,  overall
                                          State Ground-Water Protection Programs.
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Prevention is the central principle of EPA's approach to managing   Prevention Policy and
pesticide use in order to protect ground-water resources. Specifically,
the Strategy emphasizes prevention of ground-water risks by manag-
ing pesticide use in a way that reduces or eliminates the leaching of
pesticides to ground water particularly in vulnerable areas.

     The centerpiece of this Pesticides Strategy is the development
and implementation of State Management Plans (SMPs) for specific
pesticides of concern that will ultimately form an integrated part of
State Ground-Water Protection Programs.

     EPA's prevention strategy will consist of the following policies:

     1.  In the context of the Agency's overall strategic approach of
        promoting pollution prevention, EPA will be actively en-
        couraging the adoption of less environmentally burdensome
        practices in agriculture and other sectors
        where pesticides are used, to reduce the
        general risk of ground-water contamina-
        tion. Even where restricting or eliminat-
        ing the use of a pesticide may not be
        warranted, it is nevertheless advantageous
        to reduce unnecessary risks through voluntary action. EPA' s
        policy is to promote long-term solutions to pesticide ground-
        water contamination, such as  the  development of safer
        chemical and non-chemical pest control alternatives and the
        adoption  of environmentally sound agricultural practices.

     2.  UnderEGFRA, EPA's role is  determining the appropriate
        regulatory approach for individual chemicals that may threaten
        ground water.  This entails:

         •   Determining the chemical's potential for leaching into
            ground waters;

         •   Determining whether  national  label restrictions will
            adequately address leaching concerns;

         •   In setting national restrictions for chemicals found leach-
            ing into ground water, the Agency will take into account
            appropriate state and local measures to limit leaching;

         •  Determining whether  additional training required by
            restricted use classification for the pesticide will provide
            adequate protection; and if not,
                Program
"...Prevention is the central principle of
EPA's approach to managing pesticide use
in order to protect ground-Water resources."

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'The centerpiece of this Pesticides Strategy
is the development and implementation of
State  Management Plans (SMPs) for
specific pesticides  of concern  that will
ultimately form an integrated part of State
Ground-Water Protection Programs."
                                         •  Determining whether providing states with the opportu-
                                            nity to develop a State Management Plan (SMP) for the
                                            chemical will effectively address the contamination risk.

                                         Although it is unlikely, there may be some pesticides which
                                         pose such significant risks to health or the environment due
                                         to ground-water leaching, that State Management Plans will
                                         not be adequate to prevent risks. In these cases, EPA would
                                         resort to national cancellation. As previously noted, all of the
                                         regulatory decisions cited above, including SMPs,  entail a
                                         risk-benefit determination, pursuant to the FIFRA definition
                                         of "unreasonable risk to man and the environment."

                                     3.  In the event EPA determines that the SMP requirement is
                                         necessary for a chemical, its legal sale and use would be
                                         confined to states with an acceptable SMP approved by EPA.
                                         EPA will be applying SMPs as a label requirement, so that the
                                         product can be legally used only in states with an approved
                                         SMP.  EPA's decision that SMPs are necessary to protect
                                                ground water would provide states the opportunity
                                                to respond with a plan if they wish to continue the
                                                use of the product  in  their jurisdiction.   Since
                                                pesticide usage and ground-water vulnerability will
                                                vary from state to state, the requirements of the
                                                SMPs will vary, reflecting the degree of risk repre-
                                                sented by the differences in pesticide usage and
                                                ground-water vulnerability from state to state. The
                                                states would have flexibility to tailor management
                                                programs  to local conditions, following guidance
                                                provided by EPA on the elements of an acceptable
                                         SMP. In approving such programs, EPA will .also determine
                                         that they are consistent with the Conservation Compliance
                                         Plans under the Food Security Act of  1985, as amended, as
                                         well as with any other relevant program, such as  a  State
                                         Ground Water Protection Program. In making its determina-
                                         tion, EPA will consult with USDA, and provide USDA an
                                         opportunity to elevate disputes to the Administrator.

                                     4.  Research and technical assistance provided by USDA and
                                         USGS will play a big role in the assessment of ground-water
                                         problems and the choice of management measures to address
                                         pesticide contamination risks.  A major function of manage-
                                         ment plans will be the coordination of the numerous federal,
                                         state and local authorities whose activities cam help protect
                                         the ground-water resource.
ES-10

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    5.  Whether or not a pesticide is managed under a S tate Manage-
       ment Plan, the user will continue to be responsible for directly
       controlling the use of pesticides in the field. Working with
       the states and USDA's Cooperative Extension Service, EPA
       is improving training and certification programs so that more
       users are aware of issues related to ground water and mea-
       sures to protect this resource.  As the SMP  approach is
       implemented for pesticides of concern, support for the pes-
       ticide user in the form of education and decision aids will be
       increasingly important, and need to be incorporated into the
       SMPs themselves as key components of such plans.

    6.  Pesticide  registrants will need  to play a greater role in
       assisting the user in the proper, environmentally sound use of
       their products. EPA believes that registrants should assume
       a greater commitment to "product stewardship" by informing
       distributors and applicators how their products should be
       managed to prevent degradation of ground-water quality. In
       the future, registrants will also be expected to conduct more
       representative monitoring of ground water where pesticide
       use occurs in areas that may be susceptible to contamination.
       These studies will be critical to ensure that protection efforts
       are working. Finally, in response to concerns about ground-
       water quality and changes in the availability of pesticides
       posing  such concerns, the Agency expects that registrants
       will find it in their best interests to develop safer alternative
       pesticides in order to capture new market opportunities.

     The focus  of the Strategy is on normal  pesticide application
practices. EPA recognizes, however, that ground-water contamina-
tion by pesticides can also result from leaks or spills associated with
storage, mixing and loading or disposal of these chemicals.  To
address such "point source" causes of contamination, EPA is devel-
oping new regulations under FIFRA to deal with practices associated
with storage, mixing and loading, and disposal of pesticide products,
as well as with the design of pesticide product containers.
                                                                                          ES-11

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Response Policy and
Program
 "...The Agency's policy for responding to
 pesticide contamination of ground water
 emphasizesfederal-state coordination and
 statutory enforcement activities."
 JL he Agency's policy for responding to pesticide contamination of
ground water emphasizes federal-state  coordination and statutory
enforcement activities. More specifically:

    1.  EPA expects the states to take the primary responsibility for
       responding to contamination. Although EPA will not dictate
       how a state must respond, it will require a state's pesticide
       management plan to identify how it will respond to contami-
       nation of drinking water exceeding MCLs, whether in public
       or private wells. In particular, an SMP must describe how it
       will deal with the well owners, including the state' s policy on
       what to do about consumption of the water.

    2.  Where a pesticide has or is expected to exceed reference
       points in ground water, EPA expects the state to take strong
       actions  to stop further contamination.  These actions can
       range from enforcement measures to modification of the way
       a pesticide is managed, including geographic restrictions on
       the pesticide's use.

    3.  EPA will continue to develop and enforce MCLs to protect
       users of public drinking water systems. Although SDWA
               regulations do not apply to private wells,  most
               states use these or similar standards of their own as
               a basis for informing well owners of possible health
               risks. In some cases state laws may require closure
               of private wells that do not meet drinking water
               standards.  Under SDWA's emergency powers,
               EPA will consider issuing orders requiring respon-
               sible parties to provide alternative water supplies or
               take other appropriate actions when, levels of pesti-
       cides present an imminent and substantial endangerment to
       the health of persons.

    4.  EPA and the states will place greater emphasis on coordinat-
       ing  FIFRA, SDWA, RCRA and CERCLA enforcement
       activities to identify parties responsible for ground-water
       contamination as a result of the misuse of pesticides, includ-
       ing illegal disposal or leaks and spills.

    5.  On a case-by-case basis, EPA may assist states by undertak-
       ing  CERCLA Fund financed removal actions to provide
       alternative drinking water supplies where there is an immi-
       nent human health threat.

    6.  The question of who should pay for corrective actions at sites
       contaminated by the approved use of a pesticide is a legisla-
       tive question that can not be dealt with fully under FIFRA.
ES-12

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Implementation


1 he Pesticides and Ground-Water Strategy establishes  a general
framework to  achieve  the overall goals of EPA's Agency-wide
Ground-Water Protection Principles in relation to pesticides.  A
Strategy is needed to define goals, promote, a consistent approach to
ground-water protection, and to provide a policy structure for future
federal and state efforts toward the goal of protecting ground water
from pesticides, while allowing for flexibility to respond to local
differences and a dynamic knowledge base. As such, the Strategy is
not an  end in and of itself,  but rather one of a multitude of tasks
necessary to fulfill the Agency's overall ground-water protection
goals with respect to pesticides: that is, to prevent adverse effects to
human health and the environment and to protect the environmental
integrity of the nation's ground-water resources. It is important to
emphasize that since the objective of ground-water protection in-
volves  many factors  and responsible parties, it must be achieved
through a variety of means, effectively  organized in a coherent
manner so that they may work in concert, not in conflict.

    EPA' s approach to ground-water protection reflects a new, more
flexible policy for environmental problem-solving,  promoting a
blend of regulatory, management and educational approaches.  In
particular, EPA's ground-water policy pioneers a new mode of
interaction with states, localities and other federal
agencies, that of developing a genuine partnership
with shared goals and responsibilities. Part of the
new approach entails  the concept of pollution pre-
vention — seeking practical management and regu-
latory means to reduce risks in advance  of their
realization and to address voluntarily the root sources
of risk as a long-term remedy to environmental
problems. Part HI of this Strategy outlines the many
specific tasks  and activities EPA, the  states and
other federal agencies will be pursuing in the next few years to achieve
the goal of ground-water protection. The accompanying table sum-
marizes EPA's implementation action plan.

    Providing the states with the opportunity to manage the use of
pesticides so as to protect the ground-water resource is the major
policy innovation of the Strategy. While EPA can only require SMPs
through a chemical-specific regulatory action, it  is nevertheless
"...EPA's Strategy is not an end in and of
itself, b ut rather one of a multitude of tasks
necessary to fulfill the Agency's overall
ground-water protection goals with respect
to pesticides."
                                                                                       ES-13

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ES-14

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strongly encouraging states to take the initiative, voluntarily, to
develop "Generic" management plans which would then form the
basis of the state's chemical-specific management plans. In practice,
it may be several years before designated pesticides will be subject to
use only under the provisions of approved State Management Plans.
However, many of the components of an acceptable SMP would be
essentially the same within a state regardless of the specific pesticide
in question. Also, EPA recognizes that development of a full-scale,
pesticide-specific SMP will be time- and resource-intensive.  There-
fore, EPA is linking state grants available under FIFRA and other
Agency programs to the development of Generic State Management
Plans prior to the identification of specific pesticides of concern.

    EPA will review "Generic" S tate Management Plans focusing on
adequacy. The Agency, in collaboration with the states, will define
a range of ways to achieve "adequacy" rather than one prescriptive
definition.  EPA's review of State Plans will be
flexible and take into account the unique character-
istics of each state, as well as the different stages of
development of each state program. The process
will be interactive, with the states and EPA working
together.  It will focus on assessing programs to
identify gaps, and providing EPA technical and
financial assistance to states to build their overall
capacity to address ground-water problems result-
ing from pesticide use. The Agency recognizes that
efforts to manage pesticide risks to ground water need to take into
account and be compatible with other federal and state environmental
management measures designed to address  problems such  as soil
erosion and surface water quality.

    The detailed procedures for development, approval, and subse-
quent oversight of both Generic Management Plans and chemical-
specific State Management Plans are under  development. EPA,
working in consultation  with USDA  and other federal and state
agencies, is developing a series of guidance documents relating to
SMP implementation and will issue them for public comment.  The
guidance documents include:

    A. "Guidance for State Pesticide Management Plans", which
       will discuss in detail the appropriate components of a state
       pesticide management plan. EPA proposed this guidance for
       comment in 1988 in connection with the proposed decision
       on aldicarb, and received extensive comments. For the
"...Providing  the  States  with  the
opportunity to manage the use of pesticides
so as to protect the ground-water resource
is the major policy innovation of EPA's
Strategy."
                                                                                      ES-15

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                                        essential SMP components the Agency has tried to reaeh-a
                                        balance between national consistency in protection and flex-
                                        ibility for states' needs.

                                     B. Additional Technical Support Documents that will provide
                                        guidance to assist states in developing and implementing
                                        some of the more detailed and technical aspects of SMP's.
                                        For example, these will include guidelines for monitoring
                                        programs, response programs, the procedures for approval of
                                        SMPs, and the process for evaluating the effectiveness of
                                        SMPs.  These guidance documents will be published as
                                        appendices to the  Guidance described above for public
                                        comment in the near future. A Technical Assistance Docu-
                                        ment on aquifer sensitivity/vulnerability assessment is also
                                        being developed by EPA in collaboration with USDA,
                                        USGS, and various state agencies, and should be available in
                                        1991.

                                     Implementation  of the Strategy will  require a great deal of
                                 cooperative effort and coordination of activities during the next few
                                 years, particularly  among  state agencies  in the development of
                                 pesticide  management plans, and for federal agencies performing
                                 oversight responsibilities of the program as well as the development
                                 of standards, carrying out research and development, and providing
                                 technical guidance to assist states with their ground-water protection
                                 programs. The Agency will continue to support  states in building
                                 capacity for implementing State Ground-Water Protection Programs.
                                 In support of the implementation of the Strategy, the existing research
                                 and technical assistance programs of  the Department of Agriculture
                                 will provide a valuable source of information  for the  states in the
                                 development of their management plans.  This assistance includes
                                 assessing the sensitivity and vulnerability of aquifers to pesticide
                                 contamination, and identifying relevant farm-level pesticide manage-
                                 ment practices.

                                      It is the Agency's intention that  this Strategy will complement
                                 EPA's overall Ground-Water Protection Principles amd the objective
                                 of stimulating the development of State Ground-Water Protection
                                 Programs.  It also complements the more fundamental objective of
                                 reducing the environmental burden of potential chemical pollutants
                                 and seeking way s to bring agriculture and environmental policies into
                                 harmony.
ES-16

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 PARTI
 PROBLEM  ASSESSMENT
 1 he purpose of Part I is to provide a brief qualitative overview of the
pesticides in ground-water concern which led EPA to develop a
Strategy specific to pesticides. Ground water is a critical national
resource that provides about one-fourth of all the water used in the
United States. It is the source of drinking water for nearly half of the
total U.S. population; in rural areas ground water may be the only, or
at least the dominant, source of drinking water. In eight states, 90%
or more of the entire state population depends on ground water for
their domestic water supply. Ground water also provides a high
proportion of the nation's irrigation water.

    In addition to meeting the nation's demand for drinking and
irrigation water, ground water is an integral part of the environment.
For example, ground water discharges into bodies of surface water
that sustain fish, wildlife, commerce, aquatic wetlands and terrestrial
ecosystems.  It has been estimated that about 30% of the flow in
streams and rivers during an average year is provided by ground-water
discharge.
    Ground water is more than just a valuable source of drinking water. It is also used for irrigation and sustains
  sensitive aquatic and terrestial ecosystems.  About 30% of the flow in rivers and streams comes from groundwater.

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"...Ground water is a  critical national
resource that provides about one-fourth of
all the water used in the United States."
    Thus, ground water is important both as a source of drinking
water and irrigation, and as a natural resource sustaining ecosystems
throughout the environment.

    Until just a decade ago, the conventional v/isdom was that
pesticides would fully degrade in the soil, and ground water would
therefore rarely, if ever, be threatened with contamination caused by
                the use of those chemicals.  This general belief
                began to change in the late 1970's with the findings
                of pesticides in a number, of wells across the
                country.  In 1979, two pesticides were discovered
                in ground water: dibromochloropropane (DBCP)
                in California, and aldicarb (Temik) in Long Island,
                New York. Additional monitoring in other States
thereafter showed DBCP, EDB and aldicarb in numerous locations.
DBCP and EDB were suspended by the Agency in 1979 and 1983,
respectively, largely due to the health concerns associated with
drinking water contamination.
     These findings stimulated a number of monitoring activities by
federal and state agencies as well as academic reseijrchers to investi-
gate theextent of the problem. EPArecognized the need to collect this
diverse information, and established a Pesticides in Ground-Water
Data Base to collate monitoring studies from all available sources. In
December 1988, EPA published an Interim Ground-Water Data Base
Report, after making an extensive effort to evaluate the quality and
validity of the approximately 150 different monitoring studies com-
piled at that time.  The Agency's report showed that 46 different
pesticides had been detected in samples of ground waterfrom26 states
 whose origin could reasonably be attributed to normal field applica-
 tions; in addition, 32 pesticides had been detected in  samples of
 ground water from 12 states whose origin was believed to be a point
 source  (e:g. spills, poor handling at mixing/loading  sites, and
 improper disposal of containers).
      Another compilation by researchers at Oregon State University
 reported that 36 chemicals have been detectedin more than one State,
 at multiple sites, at levels above the quantitation limits for applicable
 analytic methods.   Seven of these occurred above health-based
 reference points in multiple sites in more than one State. Thirteen of
 the chemicals have had uses canceled or severely curtailed (Parsons
 and Witt, 1988).
      While the various state and academic surveys have expanded our
 knowledge of pesticide contamination of ground water, they cannot
 be assembled into a valid national estimate of the; extent of ground-

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 water contamination.  Many of these studies have been conducted in
 areas where contamination was already known to exist and have been
 conducted for different purposes and according to different design
 strategies.

     In order to get a "baseline" assessment of the extent of pesticides
 contaminating drinking water nationwide, EPA has carried out the
 National Pesticide Survey of Drinking Water Wells. The Survey was
 designed to estimate the frequency and concentration of the presence
 of pesticides (and nitrates) in drinking water wells with a statistically
 representative sample of both public and private wells. The Survey
 sampled and analyzed 1349 drinking water wells for 127 pesticides,
 pesticide metabolites and nitrates. 586 of the wells sampled repre-
 sented wells of the 38,300 public, community water systems (systems
 serving atleast 15 service connections and/or 25 people); the other 783
 samples represent over 10.5 millions private, domestic water wells
 across the U. S. The Survey provides, for the first time, a statistically
 accurate assessment of the prevailing frequency of pesticide detec-
 tions in drinking water wells across the entire country.  The focus of
 the Survey is on the quality of drinking water in wells rather than on
 the quality of ground water in general, or drinking water at the tap. The
 Survey results likely  reflect both point and non-point  sources of
 contamination for the chemicals detected.

     OnNovember 13,1990, EPA reported the results of sampling as
 the Survey's Phase I report. About 10.4% of community drinking
 water wells sampled, and about 4.2% of  the domestic wells,  have
 detectable residues of at least one pesticide. From these occurrence
 rates, the Survey infers that nearly 10,000 community drinking water
 wells, and about 446,000 domestic water wells, have some detectable
 level of pesticide contamination. A total of 16 pesticide ingredients/
 metabolites were detected at least once. The Phase II report evaluates
 a variety of factors associated with the positive detections found in the
 Survey. The Phase II report, however, is a statistical analysis of the
 Survey results, and not an investigation of the causes of specific
 contamination events.  The Phase II report is being released simulta-
 neously with this Strategy.

     Contamination at levels posing health concerns (that is,  at or
 above a Maximum Contaminant Level or  interim Health Advisory
Level) are relatively rare.  No such contamination was found in
 community drinking water wells, and less than 1% of domestic wells
 (or less than 80,000) are  likely to have such levels.  Six pesticide
ingredients/metabolites were involved in domestic-well contamina-
tions at levels posing health concerns.

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"..Atthispointwe are not seeing evidence
ofsignificantwidespreadthreats to human
health.   On the  other hand, even with
incomplete information, there is data that
pesticide chemicals with both acute and
chronic human health  concerns are
contaminating American ground-water
resources in various locations across the
country."
     The low frequency of pesticide detections above; levels of health
 concern in the Survey indicates that there is not widespread risk to
 public health. However, when all the evidence is weighed, if it is
 found that there are regional and local areas where potential health and
 environmental risks are a concern, these risks should be addressed
 through a concerted effort by federal agencies and the states. Further-
 more, low level pesticide concentrations are a cause for concern about
 the long-term deterioration of ground-water resources. Where there
 is evidence of unreasonable risks of pesticide contamination of
 ground  water, pest management practices and, if necessary, other
 appropriate regulatory and non-regulatory actions should be imple-
 mented to prevent such risks.  All regulatory decisions concerning
 pesticide registrations under the Federal Insecticide, Fungicide and
 Rodenticide Act (FIFRA) entail a risk/benefit determination.

      EPA designed the Survey to provide data on how pesticide
 concentrations found in drinking water wells may be associated with
 patterns of pesticide usage and ground-water sensitivity.   As an
 assessment of the prevailing occurrence rates of pesticide contamina-
 tion nationwide, the Survey was not designed to provide a degree of
 geographic resolution sufficient to characterize spiecific, localized
 .pesticide contamination problems down to the local, county, or even
 state level. In other words, the Survey was not intended to detect "hot
 spots" of local contamination that may exist.
      A similar, statistically representative survey of drinking water
 well contamination from the herbicide alachlor has been conducted by
 the registrant of alachlor as a condition of its continued registration.
 The registrant chose to include several herbicides  in addition to
  alachlor in this survey. At this time the results of this survey are being
 reviewed by EPA's  Office of Pesticides  Programs (OPP) for its
 regulatory implications.
—	—i       Although the large majority  of findings of
                  pesticides in ground water!are  at relatively low
                  'concentration levels, some;cases  have  involved
                  contamination exceeding federal or  state health-
                  based reference points, and resulted in  well-clo-
                  sures and other regulatory actions at the state or
                  county level affecting many thousands of people.

                       Since concentrations of pesticides in ground
                  water have usually been found at low levels, most of
                  the risk concern has been focused on the potential for
                  chronic rather than acute health effects of people who
                  might be exposed through drinking water.

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     In view of the irregularity of known pesticide contamination
 occurrence (i.e., occasional local contamination at concentrations of
 health concern), as  well as  the  fact that not all  of the known
 contaminants have been completely tested for potential health effects,
 it is not possible to offer a comprehensive assessment at this time of
 the degree to which pesticide contamination of ground water poses
 risks to human health. However, of the 54 pesticides known to have
 contaminated ground water (from either point or non-point sources),
 nine exhibit carcinogenic potential to the extent they are classified as
 "probable" (or Category "B") human carcinogens by EPA. Six more
 evaluated for carcinogenicity display effects that warrant classifica-
 tion as "possible" (or Category "C") human carcinogens. Seven more
 of these 54 pesticides are associated with potential for other adverse
 health effects; for example, aldicarb, the most widely  documented
 ground-water contaminating pesticide, is also among the most acutely
 toxic pesticides registered by EPA. At this point we are not seeing
 evidence of significant widespread threats to human health. On the
 other hand,even with incomplete information, there
 is data that pesticide chemicals with both acute and
 chronic human health concerns are contaminating
 American ground-water resources in various loca-
 tions across the country.
     In addition to human health concerns, con-
tamination of natural ecosystems by pesticide chemi-
cals may cause direct mortality in exposed animal populations and
sublethal effects such as slowing the rate of growth of individual
exposed animals or reducing the rate of reproduction of the overall
population. Some endangered and threatened species are intimately
associated with ground water and potentially could be harmed by
pesticide residues occurring in ground water.  For example, cave
organisms such as the Alabama cavefish and Kentucky cave shrimp
may rely exclusively on ground water, while other aquatic animals
such as the Comanche Springs pupfish may live in springs fed by
ground water.  Pesticides in ground water may affect these types of
organisms either directly or through impacts on their food supply or
habitat.  An important aspect of the problem facing endangered
species is that loss of one or a few individuals may pose a serious threat
to their continued existence.

    Ground-water discharges to wetlands or other bodies of surface
water can have a significant impact on the quality of such surface
waters. Thus, the Agency also has concerns which are not limited to
threatened or endangered species regarding potential impacts on those
ecosystems from contaminated ground water.
"...Adding to the complexity of the ground-
water problem is the fact that ground water,
once contaminated, is costly and difficult
to clean up."

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"...EPA does not believe that there is an
imminent health crisis arising from
pesticide contamination ofgroundwater,
but rather that there is a substantial basis
for prudent concern. EPA also believes
that we have a unique opportunity to act
before the  onset of more  serious
environmental problems in the future."
    Contamination of ground water used for irrigation purposes may
also pose certain problems for the agricultural community.  For
example, contamination of irrigation water with a herbicide might
damage the irrigated crop, or contribute an illegal residue of pesticide
(i.e., aresidue for which there is no EPA tolerance level) for that crop.
Although this type of problem is not known to have occurred to a
significant degree, there is some evidence that crop damage can occur
in this fashion.

    Adding to the complexity of the ground water problem is the fact
that ground water, once contaminated, is costly and difficult to clean
up. Many of the natural degradation processes which occur in the
surface environment are not available underground, and pesticide
                residues  can remain for extended periods of time,
                even decades. Treatment of a contaminated ground
                water aquifer is very expensive under any circum-
                stances; in cases of widespread low-level contami-
                nation, treatment may be a practical impossibility.
                    In summary, EPA has collected a significant
                amount of information on ground-water contami-
                nation involving pesticides, :and also sponsored a
                major nationwide survey to help clarify the scope of
                well-water contamination by pesticide chemicals.
                EPA is continuing to add to its Ground-Water Data
                Base, and plans regular updates. A considerable
                amount of federal, state, and academic research is
 underway to further improve our understanding of the extent and
 causes of ground-water contamination. However, the Agency be-
 lieves that there is ample evidence available to show that pesticide use
 canleadto localized ground-water contamination atlevels whichpose
 potentially significant risks to public health and the environment.
 EPA does not believe that there is an imminent health crisis arising
 from pesticide contamination of ground water, but father that there is
 a basis for prudent concern. EPA also believes that we have a unique
 opportunity to act before the onset of more serious environmental
 problems in the future.  Thus, it is appropriate for the Agency to
 develop a strategy to define its goals and policies for protecting
 ground-water from unreasonable risks of pesticide contamination,
 define the appropriate roles of federal and state authorities, and set
 out a framework for decision-making for addressing this  type of
 problem.

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 PART II
 ERA'S  PESTICIDES AND
 GROUND-WATER STRATEGY
 1 he purpose of Part E is to present EPA's strategic plan to protect
ground waterfromcontaminationarisingfrompesticide use inamanner
consistent with the Agency's Ground-Water Protection Principles.

    EPA's activities (including this Strategy) should be seen as part of
abroaderspectrumof Administration initiatives toprotect ground water,
which will be described later in this Part. In short, there are a great many
programs and activities aimed at ground-water protection; this Strategy
describes how the tools under FIFRA will be employed to help achieve
the Agency's and the Administration's ground-water protection goals
and how these activities will be coordinated with other relevant pro-
grams at EPA and other federal agencies.
    The Pesticides and Ground-Water Strategy consists of three interdependent parts: an Environmental Goal, a
               Prevention Policy and Program, and a Response Policy and Program.

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                                    The presentation of this Strategy is divided into three chapters:

                                    •  Environmental Goal

                                    •  Prevention Policy and Program

                                    •  Response Policy and Program

                                     The first chapter describes how the goals set forth in  the
                                Agency's Ground-Water Protection Principles relate to this Strategy
                                for pesticides. The second chapter presents the Agency' s strategy for
                                preventing contamination of ground water primarily through the
                                regulation of pesticide uses under FIFRA. Chapter two focuses on the
                                key issues of how to apply the criteria that define EPA's ground-water
                                protection goals in apreventive manner, how to address local variabil-
                                ity in risks to ground water, and the appropriate federal/state roles and
                                responsibilities in managing the problem.

                                      The third chapter describes the strategic framework for respond-
                                ing to ground-water contamination that has already occurred.
8

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                                                                     Chapter 1
                                                 Environmental  Goal
 Protecting ground water is one of EPA's fundamental responsibili-
 ties, required by a number of national environmental protection
 statutes. In the report entitled Protecting the Nations's Ground Water:
 EPA's Strategy for the 1990's (May 1991), EPA has developed a
 statement of Ground-Water Protection Principles to guide all Agency
 program offices in implementation of their various statutory man-
 dates with respect to ground water.

     The Pesticides and Ground-Water Strategy establishes the policy
 framework for using the regulatory authorities available under the
 Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to carry
 out these ground-water protection principles, as well as coordinating
 these activities with other relevant programs at EPA and other federal
 agencies. In practical terms, the objective of this strategy is to prevent
 contamination of ground water resources resulting from the normal,
 registered use of pesticides that would cause unreasonable risks to
 human health and the environment by taking  appropriate actions
 where such risks may occur.

 EPA's Ground-Water Protection Principles
 and Pesticides

 Ji/PA's Ground-Water Protection Principles state that "the overall
 goal of EPA's Ground-Water Policy is to prevent adverse effects
 to human health and the environment and to protect the environ-
 mental integrity of the nation's ground-water  resources; in
 determining appropriate  prevention and protection strategies,
 EPA will also consider the use, value and vulnerability of the
 resource, as well as social and economic values." The terms of this
 compound goal are mutually reinforcing: prevention of ground-water
 contamination that may present adverse effects to human health and
 the  environment serves to  sustain the environmental integrity of
 ground water; likewise, ground water with environmental integrity
 will not pose adverse effects to human health and the environment.

     In elaborating this overall goal, the EPA Ground-Water Protec-
 tion Principles state: "In all events, EPA will execute this goal and
 the principles below in accordance with Federal law." Reflecting
 the overall Agency goal, the goal of the Pesticide Strategy is to prevent
contamination of ground-water resources that presents an unreason-
able risk of adverse effects to  human health and the environment
Prevention
 Policy &
 Program
Response
Policy &
Program
         Goal

  Prevent adverse effects to
   human health and the
       environment

 Protect the environmental
  integrity of the nation's
  ground-water resources

  Consider use, value, and
vulnerability of the resource

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                                resulting from the normal, registered use of pesticides, by taking
                                appropriate actions in vulnerable areas where such risks may occur.
                                The Agency believes the risk-benefit balancing mandates of FIFRA
                                are compatible with the Agency's Ground-Water Principles  since
                                they acknowledge the need to take into account social and economic
                                considerations as well as the need to set priorities for risk reduction.

                                     Also, with respect to this overall goal, "Adverse effects means
                                those risks which are significant to affected populations and
                                determined to be unreasonable where appropriate under rel-
                                evant statutes." Under FIFRA, the general standard for licensing
                                (that is, registering) a pesticide use is an Agency determination that
                                the use will not cause "unreasonable risk to man or the environment,
                                taking into account the economic, social and environmental costs and
                                benefits of [that] use..." [FIFRA, §2(bb)].    :

                                      The Agency's Ground-Water Protection Principles further state
                                 that: "EPA's fundamental premise is that the attainment of this
                                 goal is necessary to achieve the sustainability of the resource and
                                 closely hydrologically connected surface water {systems, not just
                                 for the near-term but for the future as well.

                                      "In  addition, because ground-water cleanup is extremely
                                 costly, and usually difficult and in some cases impossible to
                                 achieve and demonstrate, EPA's goal is to emphasize prevention
                                 of pollution where appropriate.            '
                                               Prioritize
                                             Remediation
                                               Activities  /principie 5
            Employ a Variety
              of Protection
                 Means
                                                         States have
                                                           Primary
                                                        Responsibility
      Protect
    Connected
   Surface Waters
                                                                Improve
                                                             Federal Agency
                                                              Coordination
 Protect
Drinking
 Water
    The Agency's Ground-Water Protection Principles build upon each other and help to ensure a solid and effective
                                Pesticides and Ground-Water Strategy.
10

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     The Agency's Strategy for the 1990's document sets forth six
principles for achieving its overall goal.  The first three principles
concern the emphasis on prevention (that is, "prevention of adverse
effects to human health and the environment").
            Principle 1:

           Ground water should be pro-
           tected to ensure that the
          nation's currently used and
          reasonably expected drinking
          water supplies, both public and
         private, do not present adverse
         health risks and are preserved
         for present and future
         generations.
           Principle 2:

        Ground water should
       also be protected to ensure
      that ground water that is closely**
    hydrologically connected to surface
   waters does not interfere with the
  attainment of surface water quality
' standards, which are designed to
   protect the integrity of associated^
             ecosystems.
     These first two principles highlight an important feature of this
Strategy:  EPA's goal of protecting ground water extends to the
resource in the broad sense. Protection is not limited solely to ground
water which is acurrent source of drinking water; reasonably expected
sources must also be protected, as well as ground water that may affect
the quality of surface waters and their associated ecosystems.  The
statement of principles explains  the  emphasis on prevention by
observing that" [g]round water is a uniquely local resource due to the
ease with which small sources can affect it, and the impact that use and
hydrologic characteristics can have on its quality."
       The term "reasonably expected sources of
drinking water" is not defined in a statute or regu-
lation.  EPA's Strategy for the 199Q's identifies
factors  for states to consider when designating
ground  waters for protection as "reasonably ex-
pected sources of drinking water."  These include
remoteness, quality, cost of protection, future growth
and population patterns, and the availability and
 "...Reflecting the overall Agency goal, the
 goal of the Pesticide Strategy is to prevent
 contamination of ground-water resources
 that presents an  unreasonable  risk  of
 adverse effects to human health and the
 environment resulting from the normal,
 registered use of pesticides."
                                                                                             11

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                                   cost of alternative water supplies. The term also invokes the concept
                                   of "differential  protection," indicating that identifying priority
                                   ground waters is not a theoretical exercise, but involves evaluation
                                   and judgment performed by an appropriate authority about the likely
                                   future value of specific ground-water resources.            '*•'•   •

                                       In practice, making site-specific determinations on ground-
                                   water use, value, and vulnerability involves combining information
                                   on site-specific hydrological conditions (influenced by a multitude of
                                   factors, collectively denoted by the term, "sensitivity") with current
                                   information on the use of ground water and the ongoing land use
                                   practices that might affect ground-water quality. Beyond that, the
                                   future use of the land and its water resources must be considered so
                                   that a "reasonably expected source of drinking water" can be recog-
                                   nized, which involves assessing the population dynamics of the local
                                   area. The Pesticides and Ground-Water Strategy presumes that both
                                   current and reasonably expected  drinking water supplies will be
                                   targeted for protection, and that states are in an appropriate position
                                   to make the judgments necessary to determine the future use of ground
                                   waters.
                                                                Principle 3:
                                                     y
                                                      Ground-water protection
                                                   should be achieved through a
                                                variety of means including: pollution \
                                              prevention programs ; source controls;
                                              siting controls; the designation of
                                                -wellhead protection areas and future
                                                 public water supply areas; and the
                                                  ^ protection of aquifer recharge
                                                    areas.  Efforts to protect ground \
                                                     water must also consider the
                                                       use, value, and vulnerability
                                                        of the resource, as well as
                                                          social and economic
                                                           values.
                                        Appropriate prevention is emphasized in EPA's  Strategy for
                                   protecting ground-water resources from pesticides. EPA's statutory
                                   authority to regulate pesticide chemicals under FIFR A offers a variety
                                   of means to modify both the application practices (e.g., amount per
                                   acre, timing, number and methods of application) and the geographic
                                   sites of legal application  in order to achieve contaminant-source
12

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 reduction in advance of manifest harm to human health and the
 environment. Given the local variability of ground-water resources
 (compounded by  the complexities and uncertainties involved in
 predicting ground-water contamination), no single approach can fit
, all situations. Thus, this Strategy seeks to utilize a variety of tools for
 addressing the problem, as envisioned in the Agency Principles.

       EPA's policy WITH RESPECT TO REMEDIATION is:
              Principle 4:

              Ground-water remediation
              activities must be prioritized to
              limit the risk of adverse effects to
              human health first and then to restore
              currently used and reasonably
              expected sources of drinking water
              and ground water closely
              hydrologically connected to
              surface waters, whenever such.
              restorations are practicable
              and attainable.
     Remediation has less relevance to pesticides and ground water
than does prevention, and not simply because prevention is EPA's
preferred approach. As noted above, FIFRA is more conducive to a
preventive strategy, since registration and other regulatory measures
entail control of the source of ground-water contamination, namely
the application of pesticide products. As Chapter Three explains in
more detail, EPA will rely more on  statutes other than FIFRA (in
particular, the Safe Drinking Water and Superfund Acts) to remediate
pesticide contamination.  Where remediation becomes necessary,
however, it is EPA's intent that it should proceed by a framework that
ensures that the environmental and public health benefit of each dollar
spentis maximized, given the costs and technical limitations involved
with ground-water cleanup. Moreover, it is EPA's intent to empha-
size early detection and early response, to minimize the costs and
technical impediments.
                                                                                              13

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                                     Finally, with respect to FEDERAL,  STATE  AND LOCAL
                                 RESPONSIBILITIES:
                                                   Principle 5:

                                                 The primary respon-
                                               sibility/or coordinating
                                              and implementing ground-water
                                            protection programs has always
                                           been and continues to be vested with the
                                         states. An effective ground-water protection^
                                        program should link federal, state, and local
                                          activities into a coherent and coordinated
                                            plan of action.
"...A cornerstone of the Pesticides and
Ground-Water Strategy is the introduction
of a significant new role for the states,
offering them the opportunity to exercise
primary responsibility for reducing the
risks of pesticide contamination by means
of State Management Plans  (SMPs) for
pesticides of concern."
                                      While the federal government will continue to exercise its
                                 statutory responsibilities for addressing various sources of contami-
                                 nation,  the states  (and Indian Tribes) should have the primary
                                 responsibility for the management and protection of the ground-water
                                 resource and in addressing diffuse sources of pollution.

                                      EPA believes that a natural division of labor exists between the
                                 federal  and state levels with respect to ground water, which arises
                                 from the uniquely local character of ground-water resources. As a
                                 practical matter, states are typically in a good position to make the
                                                 detailed local assessments involved in making de-
                                                 terminations on use, value, and vulnerability. The
                                                 diversity of the ground-waterresourceis conducive
                                                 to a decentralized approach to resource manage-
                                                 ment. This division of labor dovetails with the need
                                                 to take an integrated approach to protecting ground
                                                 water as aresource. Maintaining the environmental
                                                 integrity of ground water requires examining the
                                                 entire resource and all sources of contamination
                                                 that might affect it.  The states  are in a  natural
                                                 position to fulfill this responsibility, and it is EPA's
                                                 policy to encourage and support the development of
14

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State Ground-Water Protection Programs which take an integrated
approach to sources of contamination. This policy is discussed in
greater detail in the section of the Strategy for the 1990s entitled "The
Federal/State Relationship in Ground-Water Protection."

       Thus, a cornerstone of the Pesticides  and Ground-Water
Strategy is the introduction of a significant new role for the states,
offering them the opportunity to exercise primary responsibility for
reducing the risks  of pesticide contamination  by means of State
Management Plans (SMPs) forpesticides of concern. This approach,
a major departure from the prevailing centralized decision-making of
the past, will provide a more precise and  flexible  approach to
preventing contamination than a uniform national regulatory  ap-
proach. The role of State Pesticide Management Plans is discussed in
detail in Chapter Two.
               Principle 6:

               EPA should continue to
               improve coordination of
               ground-water protection efforts
               within the Agency and with other
               federal  agencies with ground-
               water responsibilities.
     To assure coordination of its policies with other government
entities, EPA has worked extensively with states and other federal
agencies in the development of this Strategy, and intends to continue
a high level of effort during the implementation of this Strategy.
Within EPA, the efforts to promote State Ground-Water Protection
Programs will intensify over the next two years, andinclude increased
coordination of grant funding  available under different statutes
(primarily FIFRA and the CWA) in order to support coordinated
Pesticide Management Plan development at the state level. In general,
EPA will step up its efforts to more fully coordinate federal ground-
water related programs and authorities at all levels and to provide a
                                                                                              15

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                                framework for coordinating multiple federal programs and activities
                                at the state level. Part HI of the Strategy discusses steps toward
                                implementation in more detail.              :


                                The Use of Reference Points;;  "What
                                Level of Protection"

                                A he Agency Ground-Water Task Force also established a uniform
                                "Policy on EPA's use of Quality Standards in Ground.-Water Preven-
                                tion and Remediation Activities", as follows:  ;

                                       When EPA is carrying out its programs, the Agency will
                                       use Maximum Contaminant Levels (MCLs) under the
                                       Safe Drinking Water Act as "reference points" for water
                                       resource protection efforts  when the ground water in
                                       question is a current or reasonably expected source of
                                       drinking water.  Water Quality Standards under the
                                       Clean Water Act will be used as reference points when
                                       ground water is closely hydrologically connected to sur-
                                       face water ecological systems.  Where MCLs are not
                                       available, EPA Health Advisory numbers or other ap-
                                       proved health-based levels are recommended as the point
                                       of reference. If such numbers are not available, reference
                                       points may be derived from the health-effects literature
                                       where  appropriate.  In  certain cases,  Maximum Con-
                                       taminant Level Goals (MCLGs) under the Safe Drinking
                                       Water Act or background levels may be uised in order to
                                       comply with federal statutory requirements. Reference
                                       points  are to be applied differently for prevention and
                                       cleanup purposes.
                                    Maximum Contaminant Levels (MCLs) established under the
                                Safe Drinking Water Act (SDWA) are enforceable health-protection
                                standards for American public water systems.  Set at, or "as close ...
                                as feasible17" to, "the level at which no known or anticipated adverse
                                effects on the health of persons occur and which allows an adequate
                                   "Feasible" is defined by the SDWA as "feasible with the use of the best
                                   technology, treatment techniques, ...which the Administrator finds ..., are
                                   available (taking cost into consideration)." [SDWA, §1412 (b)(5)].
16

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                              p
                              R
                              E
                              V
                              E
                              N
                              T
                              I
                              O
                              N
margin of safety," the MCL marks
the level of contamination above
which human consumption27 should
be avoided.

      MCLs, while federally en-
forceable under the SDWA only for
public drinking water systems, are
widely used (where they exist) as
reference points  by the states and
also by  EPA in a number of its
ground-waterrelatedprograms. The
Agency has been moving toward an
approach that provides consistency
in the .use of these standards as
reference points. These standards
have been applied as the basic crite-
ria for protecting public health from
exposure to contaminants in drink-
ing water.  MCLs are used in this
way by  the RCRA  and CERCLA
(Superfund) programs.

    The use of reference points to
establish levels of regulatory con-
cern or interest will facilitate EPA/
state decision-making under this
Strategy. With respect to EPA de-
terminations  pursuant to FIFRA,
detections  of pesticide residues in
ground water are approached as part of a general weight-of-evidence
assessment. Contamination at or above such health-based reference
points constitutes a potential risk to health where it occurs.   EPA
anticipates that the risks posed by pesticide contamination of a local
underground source of drinking water, at or above the MCL or other
"interim" reference point, will generally deserve a careful assessment
of continued pesticide use in that area. Any geographical pattern of
detections that suggests the likelihood of exceedences will trigger a
national assessment of the risks and benefits  of the continued use of
the pesticide. However, the fact that concentrations of a pesticide in
                                           "What Level of Protection'
                               c
                               L
                               E
                               A
                               N
                               U
                               P
Best technologies and iramagement practices should be
relied ora to prof ect^r«uii4 water to fl^einaxiiniini extent
practicable* DETpCTlO^OF A pERCiNTACJE OF
                   POWT AT AN APPROPRIATE
TO TRIGGER CONSIDERATION OF ADDITIONAL
ACTION 
-------
                                  ground water exceed a reference point does not relieve EPA of its
                                  obligation under FIFRA to weigh the benefits as well as the risks in
                                  deciding whether to restrict or prohibit use of a pestici.de. There may
                                  also be risk/risk trade-off considerations; for example, the lack of the
                                  pesticide might result in greater risks than those posed by residues
                                  exceeding the MCL, because of increased use of other pest control
                                  chemicals or the lack of adequate control of a pest which itself poses
                                  serious health or environmental risks.                            ..

                                      Under the 1986 SDWA Amendments, EPA is proceeding to
                                  promulgate new MCLs for potential drinking water contaminants,
                                  including anumberof pesticides. In January 1991, EPA promulgated
                                  MCLs for 14 chemicals now or previously registered as pesticides (or
                                  their metabolites) and re-proposed MCLs for another four. By July
                                  1992, EPA will have promulgated 9 more pesticide MCLs.  The
                                  Agency has also updated its list of priority drinking water contami-
                                  nants3'.  In addition, Health Advisories have been prepared for these
                                  and about 50 additional pesticide chemicals:  these  will serve as
                                  interim reference points for these chemicals.  EPA is proceeding to
                                  prepare additional Health Advisories for all currently registered
                                  pesticide active ingredients that may have the potential for ground-
                                  water contamination, under the accelerated review  of registered
                                  pesticides required by the FIFRA Amendments of 1988.

                                       Drinking water regulations and the Pesticides  and Ground-
                                  Water Strategy work hand in hand, beyond the use of MCLs as
                                  reference points.  The principal function of MCLs is to limit public
                                  exposure to harmful contamination of drinking water "at the tap." To
                                  the extent that public water systems have the responsibility to reduce
                                  direct human exposure,  they  will  be  direct beneficiaries of the
                                  Strategy.  In fact,  the extent  to which water  systems can  avoid,
                                  extraordinary monitoring and treatment to counteract the presence of
                                  unreasonable pesticide contamination will represent one long-term'
                                  measure of the Strategy's success.

                                       The systems' protective efforts -- monitoring and/or vulnerabil-
                                  ity assessments — pursuant to the new pesticide MCLs cited above,
                                  represent another point of intersection with the Strategy. Systems
                                  may forego expensive monitoring for the presence of pesticides in-
                                  drinking water if they perform a vulnerability assessment that dem-
                                      This priority list establishes the Agency's regulatory agenda beyond the
                                      contaminants specified for regulation by the 1986 SDWA Amendments.
                                      Pursuant to the Amendments, EPA must propose, then promulgate MCLs for
                                      at least 25 contaminants on the list (and simultaneously update the list) within
                                      a three-year cycle.
18

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onstrates the absence of pesticide use in the vicinity or the unlikeli-
hood of contamination because of source-protection safeguards (for
instance, Wellhead Protection measures), hydrological factors  or
other circumstances.   In either event, the monitoring and/or site-
specific data that the system collects will be a valuable input to any
larger-scale effort (fostered by pesticide management plans or other
federal ground-water activities)  to assess local
ground-water use, value, and vulnerability. Like-
wise, the results of these broader assessment efforts
will be valuable to the systems who wish to conduct
assessments and the state drinking water officials
who must review them to grant monitoring waivers.
     With regard to protection of ground waters
that are closely hydrologically connected to surface
waters, the appropriate reference point is the appli-
cable state Water Quality Criteria for the surface
water in question. These criteria, established pur-
suant to Section 303 of the Clean Water Act, are
specified by the state (and reviewed by EPA) for specific surface
waters at levels that sustain a specific designated use (i.e., the
protection and propagation  of fish, shellfish and wildlife).  Where
states have pesticide contamination of ground water that jeopardizes
the attainment of their criteria, they will be able to apply these criteria
as reference points in their Pesticide Management Plans (See Chapter
Two).

     In reaching the reference point policy, EPA specifically consid-
ered, solicitedpublic comment on, and ultimately rejected the concept
that reaching the reference point would be the trigger for preventive
action. EPA itself takes a variety of actions to reduce risks to ground
water on the basis of early  indications of a pesticide's potential to
leach. USDA also identifies pesticides with leaching potential and
develops alternative farm-level practices to protect ground water.
This Strategy envisions thatStateManagementPlans will also include
preventive measures prior to detections exceeding MCLs. Thus, the
use of reference points is explicitly not a "license to pollute." Rather,
reference points will serve as a means to define failure of a prevention
program.
     In summary, EPA' s Ground-Water Protection Principles and the
policies they inspire emphasize the need:  1) to achieve a greater
balance between prevention and remediation activities; 2) to actively
promote the development of ground-water protection programs by the
states; and 3) to evolve a new, more cooperative and flexible approach
toward the integration of federal, state, and local resources to make
"...EPA anticipates that the risks posed by
pesticide contamination  of  a  local
underground source of drinking water, at
or above  the MCL  or other  'interim'
reference point,  will generally deserve a
careful assessment of continued pesticides
use in that area."
                                                                                            19

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                                  responsible decisions and choices for protection of the environment.
                                  The Pesticides and Ground-water Strategy will be a driving force in
                                  implementing the Agency's Principles in that it:

                                      •  Places increased emphasis on prevention arid resource pro-
                                         tection versus remedial treatment;

                                      •  Envisions a variety of means to protect the resource, and
                                         provides the flexibility for decisions to be made on a geo-
                                         graphic basis - taking into account use, value., and vulnerabil-
                                         ity, as well as social and economic values - while at the same
                                         time ensuring a national baseline of protection through the
                                         use of reference points; and,

                                      •  Encourages the development of voluntary State Manage-
                                         ment Plans, which support the further development of, and
                                         can subsequently be integrated with, State Ground-Water
                                         Protection Programs.                      ,  •
                           MCL
                        Drinking water
    Water Quality Criteria
Ground-water connected to surface water
                                     REFERENCE
                                          POINT
                   Health Advisory/
               Health-Based Standards
                      Drinking Water
                     (MCL not Available)
     MCLG or Background
     As required by Federal Statutes
      Reference points will generally be the applicable MCL, though Water Quality Criteria, MCLGs, background
          concentrations, or health-based standards may be appropriate reference points in some situations.
20

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                                                                    Chapter 2
                         Prevention  Policy And Program
.Prevention is the central principle of EPA's approach to managing
pesticide use in order to protect the ground water resource. Under the
Pesticides and Ground Water Strategy, EPA will place increased
emphasis on preventipn of ground water contamination and strive to
achieve a greater balance between prevention and remediation activi-
ties.  In addition, it is EPA's mandate under FIFRA to regulate
pesticide use in such  a manner as to avoid causing "unreasonable
adverse effects on the environment." Thus, FIFRA is a statute aimed
at regulating  the use of beneficial but potentially hazardous com-
pounds before the onset of adverse effects, rather than a mechanism
for cleaning up pollution which already presents adverse effects to
human health and the environment. A prevention strategy involves
the use of effective pesticide management practices  that reduce
leaching of pesticides particularly in vulnerable areas, and minimize
or eliminate unreasonable risks from ground-water contamination.
As a practical matter, the Strategy envisions a variety of means to
protect the resource, and provides the flexibility for decisions to be
made on a geographic basis - taking into account use, value and
vulnerability, as well as social and economic values - while at the same
time ensuring a national baseline of protection through the use of
reference points. Based on accurate assessments, sound science and
proven practices, pesticide management measures and appropriate
regulatory measures are both necessary components that must work
together for a successful strategy -- one that prevents contamination
of ground-water resources by pesticides that would cause unreason-
able adverse effects to health or the environment.


Prevention Approaches to Ground-Water
Protection
                                 Response
                                 Policy &
                                 Program
.Before addressing the specifics of EPA's strategy
for pesticides using approaches under FIFRA, it
should be noted that EPA as a whole is pursuing a
policy  of pollution  prevention across all of its
programs.  This involves seeking practical means
to reduce the release of potential contaminants to
any environmental  medium from all sectors of
society (e.g. industrial,  municipal, residential, or
"...In general, the Agency believes it is
more protective of the public interest, and
usually more  cost-effective,  to  prevent
pollution than to clean  up after it has
occurred."
                                                                                     21

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                                  agricultural) as a long-term environmental protection strategy.  In
                                  general, the Agency believes it is more protective of the public
                                  interest, and usually more cost-effective, to prevent pollution than to
                                  clean up after it has occurred.  Even in cases where; restricting or
                                  eliminating the use of a pesticide may not be wan-anted, it is still
                                  desirable to reduce risks through non-regulatory approaches, such as
                                  encouraging the voluntary adoption of sound management practices
                                  forpesticide use in vulnerable areas. Given the potential for long-term
                                  risks  and very high economic costs associated with ground-water
                                  contamination, pollution prevention is emphasized in all of EPA's
                                  ground-water protection programs.                              :

                                       Pollution prevention is a preference shared by many pesticide
                                  users as well  as regulatory agencies.  For example, farmers are
                                  concerned about preventing ground-water contamination for several
                                  reasons. Farmers and their families are the people moist likely to face
                                  health risks  if pesticides contaminate ground water.  Furthermore,
                                  pesticides which migrate away from the area of application may
                                  produce off-site detrimental effects to  the environment.  Thus, in
                                  terms of immediate personal risk, economic efficiency, as well as
                                  potential adverse effects on land values and the quality of the
                                  environment that may be passed on to future generations, farmers
                                  have a very immediate stake in the success of ground-water protection
                                  efforts.                                     !

                                       The Agency's overall policy direction for ground-water protec-
                                  tion is to promote the development and implementation of state
                                  ground-water protection programs designed to provide comprehen-
                                  sive protection of the resource and provide the framework to coordi-
                                  nate activities  under federal, state, and local authorities.  A core
                                  premise of this policy is recognition of the primary state role in
                                  protecting the resource, and the states' need to design and implement
                                  programs consistent with distinctive local needs and conditions.

                                       EPA has long recognized the important role of states in ground-
                                  water protection. Since the release of EPA's Ground-Water Protec-
                                  tion Strategy in 1984, the Agency has  used grant funds to support
                                  states in developing their capabilities to characterize their ground-
                                  water resources, to increase technical expertise, to identify data
                                  resources, and to develop new relationships between state agencies,
                                  (i.e.,  the infrastructure needed for coordinated planning and imple-
                                  mentation of ground-water protection programs). EPA is continuing
                                  to support states' efforts to build capacity to protect their ground-
                                  water resources from  many contaminants. For example, EPA pro-
                                  vides grants to assist states in developing a number of programs which
                                  include:
22

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                                 Wellhead
                                 Protection
                                    Pesticides and
                                 Groundwater Strategy
                                                       Drinking
                                                        Water
                                                     Regulations
  Nonpoint
   Source
Management
                                  State Ground-Water
                                  Protection Programs
    The Pesticides and Ground-Water Strategy is a vital part of comprehensive ground-water protection.
•  State Ground-Water Strategies/Programs.  Under section
   106 of the Clean Water Act states are developing strategies
   that provide a framework for consistent ground-water pro-
   tection efforts across program lines. The strategies often
   provide an overall state philosophy for protection, as well as
   specific mechanisms for ground-water classification/map-
   ping, ground-water monitoring, data management, intra- and
   inter-agency coordination, and public participation. Many
   states  have prioritized certain  ground waters for special
   management of the resource. Under EPA's Strategy for the
   1990'stheseprogramswillbethefoundationforcomprehen-
   sive protection of the ground-ware resource and the frame-
   work to coordinate federal, state,  and local  activities and
   authorities.

•  Wellhead Protection Program. Authorized by Congress with
   amendments to the Safe Drinking  Water Act in 1986, this
   program focuses on protecting ground water used for public
   water supply  wells.  State wellhead protection programs
                                                                                        23

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                                         include, among other elements, delineation of wellhead
                                         protection areas on the basis of hydrogeologic data and other
                                         information, identification of the sources of contaminants
                                         used in these areas, and management approaches to protect
                                         these areas of vulnerable ground water;

                                      •  Nonpoint Source (NFS') Programs. Section 319 of the Clean
                                         Water Act requires states to develop: a NPS Assessment
                                         Report and  a NFS Management Program.  The  Reports
                                         describe the nature, extent, and causes of NPS pollution and
                                         the state programs  for controlling this pollution.  NPS
                                         Management Programs identify best management practices,
                                         and plans for their adoption including priorities and funding
                                         sources.

                                      •  Sole Source  Aquifer Program. The SDWA. allows EPA to
                                         designate an aquifer as a sole or principle source of drinking
                                         water.  Designation  requires an EPA review of federal
                                         financially assisted projects to assure that ground water is
                                         protected.

                                      •  Public Water System Supervision. States are the primary
                                         agents to supervise Public Water System (PWS) compliance
                                         with Maximum Contaminant Levels (MCLs) under the
                                         SDWA.  PWSs have the responsibility to prevent direct
                                         human exposure to harmful waterborne contamination, and
                                         must institute monitoring, treatment (as necessary), and other
                                         protective measures.

                                      The Agency is also providing grants under FIFRA to develop
                                  state capacity to protect ground water from pesticide contamination
                                  in implementing this Strategy. EPA has added staff at its ten Regional
                                  Offices to provide continuing support as the Pesticides and Ground-
                                  Water Strategy moves closer to actual implementation.

                                      Over the next few years, EPA intends to emphasize the coordi-
                                  nated use of the grant funds available to the states under different
                                  statutes in  order to encourage integration of these various ground-
                                  water related activities into comprehensive programs which protect
                                  ground water as aresource by addressing the full spectrum of potential
                                  contaminants. On the state level, developing or improving a state's
                                  institutional framework for coordination between agencies, program
                                  enforcement, ground-water classification/mapping, monitoring, and
                                  other capabilities will be useful for wellhead protection and nonpoint
                                  source programs as well as implementation of the  Pesticides and
24

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Ground-Water  Strategy, and  ultimately for state
Ground-Water Protection Programs (SGWPPs).

     Thus, the Pesticides and Ground-Water Strategy
represents only one component of the Agency's over-
all effort to protect the ground-water resource.  The
Strategy fits into the larger federal effort to achieve
ground-water protection, and also into the Agency's
overall  goals outlined in the statement of ground-
water protection principles. The Strategy allows for
a variety of approaches and methods to protect ground
water; some of these  will be taken by EPA  on the
national level, while  others will be carried  out by
individual states.  While specific to pesticides as a
ground-water contaminant, the Strategy employs the
same approach of building a federal-state partnership
in managing potential risks as the other federal pro-
grams that will eventually be brought together into state Ground-
Water Protection Programs. Thus, the Strategy for pesticides both
builds on development work that has already been done, and will
stimulate the further  development of federal-state coordination in
ground-water protection.

     In addition to coordinating its regulatory programs, EPA will
encourage non-regulatory approaches to ground-water protection
such as the development of safer chemical  and nonchemical pest
control alternatives, the adoption of integrated pest management
strategies, and other practices that reduce the potential for pesticide
residues to be introduced into ground water. Partnerships with other
federal and state agencies  in both research and transfer of new
technologies to the pesticide user community are essential to these
efforts.

     EPA has joined  with other federal agencies in supporting and
directing research efforts that address ground-water protection. For
example, under the President's Water Quality Initiative, USD A has
the  lead for performing research and demonstration projects and
delivering technical assistance relating to ground-water protection.
Over ninety different water-quality and demonstration projects are
being coordinated under this initiative, with objectives that include:
determining  the extent and seriousness of agricultural chemicals'
contribution to nonpoint source pollution; developing improved farm
and ranch production  systems to maintain and improve water quality,
without sacrificing profitability; improving the understanding of fate
and transport of agricultural chemicals in soil and water; and devel-
    Pesticides
Ground-Water Strategy
                                                                                              25

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 oping less costly ground-water sampling techniques.  EPA. also
 supports USDA's Sustainable Agriculture Research JPrograms (over.
 75 projects) which focus primarily on farming techniques which in
 many cases involve reduced reliance on chemical inputs. EPA's and
 USDA's research efforts include developing modeling systems to
 identify areas of ground-water vulnerability, improving Geographic
 Information Systems, and improving analytical techniques to detect
 contaminants in ground water.

     EPA recognizes that farm policy can contribute as much as, or
 in some cases, even  more impetus to protecting ground water than
 EPA programs, both directly and indirectly. EPA has, therefore,
 participated in the development of the 1990 Farm Bill in an effort to
 encourage farm policies that will tend to  provide incentives,  or
 remove disincentives, for farming techniques that are less dependent
 on agricultural chemicals that may threaten ground-water quality.

     Changes in the federal farm price and income support programs
 are considered likely to have some effect on pesticide and fertilizer
 use. For example, greater flexibility in cropping patterns will allow
 farmers to rotate crops and plant a greater variety of crops andremain
 eligible for farm support programs.  S uch a change is expected to lead
 to reduced pesticide and fertilizer use, since crop rotation, especially
 with nitrogen-fixing legumes, is arecognized means for both reducing
 the need for artificial fertilizer and for breaking the pest infestation
 cycles that affect repeated plantings of the same; crop. Other provi-
 sions of the 1990 Farm Bill include expanding the scope of the
 Conservation Reserve Program in ways that may lead to enrolling
 increased acreage sensitive to contamination and  to  the use  of
 practices to enhance water quality.

     Although it is premature to predict the overall impact of such
 farm policy  changes, it is clear that environmental concerns are
 increasingly being brought to bear on the development of agricultural
 policy. In the long run, the results of increased research on farming
 methods, coupled with policies that encourage the adoption of more
, environmentally sensitive practices should complement regulatory
 programs by reducing or eliminating at least some of the pesticide use
 practices that are most likely to lead to contamination of ground (and
 surface) water.                              ;

     Turning to this  Strategy for pesticides,  its main purpose is to
 describe the manner in which FIFRA authorities will be exercised to
 fulfill both the Agency' s overall goal for ground-water protection and
 the particular risk/benefit mandate of FIFRA to regulate individual
 pesticides to prevent "unreasonable adverse effects to the environ-
 ment," taking into account the economic and social costs and benefits

-------
of their use. While the focus of the Strategy is on normal pesticide
application practices, ground-water contamination by pesticides can
also result from leaks or spills associated with storage, mixing and
loading, or disposal of these chemicals. EPA is now in the process of
addressing these "point source" contamination risks primarily through
the  development of new regulations under FIFRA which directly
address each of these areas of concern, and will include provisions on
pesticide container design. These regulations will be uniform national
requirements incorporated into Title 40, Code of Federal Regulations,
Partl65.                                        '..-.•

    EPA's^ prevention policy and program for pesticides takes a
multi-lateral approach, enlisting  the active participation of many
parties beyond EPA.  The remainder of this chapter discusses the
specific roles of EPA, the states, other federal Agencies, pesticide
registrants, and users in preventing ground-water contamination in
the  FIFRA context.


ERA'S  Role: Determining the  Regulatory
Approach


 1 he primary concern of this Strategy is with the potential for ground-
water contamination associated with registered pesticides that would
cause unreasonable risks when used in accordance with EPA-ap-
proved labeling, and the need to take this potential into account when
taking appropriate regulatory actions  for  both  new and existing
pesticides under FIFRA.

    There are several factors which influence whether pesticides will
contaminate ground water: 1) the properties of the chemical itself
(e.g.,  solubility in water, persistence and mobility in the subsurface
environment); 2) the characteristics of the site of use (e.g., soil type,
depth to ground water, temperature, rainfall,  etc.); 3) application
practices, including the amount of pesticide per application, and the
frequency  and method of applications; and 4) other agronomic
practices associated with the pesticide use. The complex interaction
of these factors suggests a different approach from the way pesticides
are typically regulated  under FIFRA, that is, national  regulation
through pesticide labels. In the  case of ground water, no single
approach readily fits all situations. Thus, this Strategy envisions a
series of decisions made by EPA, the states  and pesticide users that,
taken together, will effectively protect against unreasonable risks of
ground water contamination with a combination of measures as
different local conditions dictate.
                                                                                            27

Step 1.  Determine
Whether There is a
Likelihood of Pesticide
Leaching (EPA)
 JL he most basic of EPA's authorities under FIFRA is the authority to
require testing data necessary to support product regis tration or the re-
registration of products already on the market. In recent years, EPA
has required environmental fate data on numerous old and new
pesticides to identify those with the physical/chemical characteristics
indicating the potential for leaching to ground water. The Agency has
also required field monitoring studies for a number of both new and.
already registered pesticides  suspected  of posing risks  to ground.
water.                                   :
                    Assess Leaching
              "...The Strategy  envisions  a series  of
              decisions made by EPA,  the states and
              pesticide users that,  taken  together will
              effectively protect against unreasonable
              risks of ground water contamination with
              a combination of measures  as different
              local conditions dictate."
Step 2.  Determine
Whether Leaching
Potential  Can Be
Addressed on National
Label  (EPA)
 1 he results of testing are generally used to determine whether to
register a chemical and the appropriate labeling precautions and use
directions for pesticide products. It is important to note that under
FIFRA,  labeling requirements are legally enforceable, as well as
being the primary vehicle for conveying precautionary information to
the pesticide user.  In relation to ground-water concerns, the label
directions and precautions on probable leachers are intended to
minimize the likelihood of contaminating ground water. B ased on the
environmental fate data, EPA will determine appropriate label con-
ditions, including: maximum rate of application, seasonal timing of
application, and uniform requirements such as well set-backs or anti-
back-siphoning requirements.

     FIFRA also contains  authority to classify a pesticide for re-
  stricted use — only a trained and certified applicator or persons
   under their direct supervision can apply such products. Other
     detailed aspects of application practices can also be specified by
      regulation as part of the conditions of restricted use. EPA is
        developing  a Restricted Use Rule  aimed  specifically at
        pesticides likely to contaminate ground water based on
         their chemical characteristics, or on actual detections.
         Historically, restricted use classification was primarily a
28

                          Does
                         Pesticide
                        Have High
                         Leaching
                         Potential?
Use Pesticide According to
 Non-Ground-Water Label
      Requirements
                        Consider
                       Establishing
                      National Label
                    Or Restricted Use
                      Requirements
                           Will
                          Label/
                      Restricted Use
                    Ensure Adequate
                       protection of
                         ground
                         water?
     Cancel Nationally
       Develop State
    Management Plans
                  Allow Use According to
                   Label/Restricted Use
                                                                         \
EPA will use a step-by-step process to determine the appropriate regulatory approach (e.g., national label
 requirements, restricted use, State Management Plans, or cancellation) for addressing a given pesticide.
                                                                                            29

-------
                                 means of providing applicators with extra training for handling highly
                                 toxic pesticides, thereby minimizing risks of acute poisoning. In
                                 recent years the Agency has increasingly employed restricted use
                                 classification as a way of reducing other types of health and environ-
                                 mental risks, since it offers a means other than total cancellation of use
                                 for addressing risk concerns. Thus, in  some cases, the training and
                                 label requirements associated with restricted use classification reduce
                                 risks to a reasonable level.

                                     As preventive measures, these national-level actions offer a first
                                 line of defense against potential leaching, by making the user aware
                                 of the risks, identifying some specific techniques for avoiding it, and
                                 making these application practices enforceable requirements of use.
Step 3.  Determine if
National Measures on
Label Will Provide
Adequate Protection
(EPA)
If EPA has reasonable assurance from the evidence of a particular
chemical's contamination potential that it would not cause "unrea-
sonable adverse effects on the environment" if used in accordance
with the requirements of the label or under the conditions of restricted
use, then EPA would register or reregister that chemical with those
national-level management measures as the only measures necessary.

       However, if EPA cannot conclude from the available evidence
that these measures would sufficiently reduce the risk of ground-water
contamination, it could pursue either continued registered use only
under an approved  STATE MANAGEMENT PLAN, (described
 below, STEP 4) or national cancellation if State Management Plans
  would not be adequate to prevent risks. Appropriate; state and local
    measures to limit exposure to chemicals  found leaching into
     ground water will be taken into account in making National
      regulatory decisions.

             Under FIFRA, EPA may cancel the registration of a
          pesticide  if it is found to pose risks which outweigh its
           benefits.  The  most extreme preventive measure in
             EPA's arsenal, cancellation (and  its counterpart in
              regulating new pesticides, denial of a registration)
              would be most appropriate when EPA can determine
              that the pesticide generally causes unreasonable risks
              whenever or wherever it is used.  Thus, while EPA
              must make each cancellation decision on a case-by-
              case basis, cancellation as aresponse to potential risks
of ground-water contamination by a pesticide would generally be
most appropriate where there is persuasive evidence of serious and
widespread risk to ground water.  It should be noted that FIFRA
provides that proposed  cancellation decisions  are independently
30

-------
reviewed. Risk issues are reviewed by the FEFRA Scientific Advisory
Panel and benefits information is evaluated by USDA.

     The Agency's risk/benefit assessments for the concerns raised by
ground-water contamination require special care because of the degree
of local variability.  Unlike dietary and applicator exposures, the
potential for exposure through ground-water contamination can vary
widely from site to site. From a national viewpoint, the aggregate risk
(in terms of the number of people exposed) posed by pesticide contami-
nation of ground water is liable to be far less than that which prompts
national concern such as a nationwide dietary exposure. Yet the local
adverse health and economic consequences of such degradation of
ground water can be severe.

     The Agency believes that the best method for addressing differ-
ences in sensitivity/vulnerability throughout the country is to tailor
prevention measures in a given area to reflect the sensitivity of local
ground water to contamination. This differential approach minimizes
                  National Label
                  Restricted Use
                  Cancellation
                                                                      Tailored SMP
                                            Pesticides
                                             "  and
                                          Ground-Water
                                             Strategy
 National
Approach
State by State
  Approach
        This Pesticides and Ground-Water Strategy allows a balance between non-discriminating National-level
           regulation and State regulation that is tailored to local hydrogeologic settings and water needs.
                                                                                              31

-------
                                 the complementary risks of over-regulation for areas where ground
                                 water is not particularly vulnerable to contamination  or under-
                                 protection of highly vulnerable areas which might result from sole
                                 reliance on  a "national" regulatory approach.   This approach is
                                 reflected in the Agency's statement of Ground-Water Protection
                                 Principles which includes the principle that differential protection
                                 based on the use, value, and vulnerability of specific ground waters,
                                 taking into account economic and social values, is the appropriate
                                 means of addressing local variability.        ,        .
Step 4.  State
Management Plans
(EPA and States)
        Establish
           	Cancel
Although it is unlikely, there may be some pesticides which pose
such significant risks to health or the environment due to ground-
water leaching that State Management Plans will not be adequate to
prevent risks. In these cases, EPA would resort to national cancellai-
tion. In evaluating the risks posed by a pesticide, EPA will take into
 account  existing  state  and local measures to limit  leaching and
  determine the extent of exposure to chemicals found leaching into
   ground water.  However, if the Agency makes the determination
     that the pesticide generally poses  unreasonable effects to the
      environment, then it will provide the states the opportunity to
       develop individual State Management Plans (SMPs) for that
         chemical. EPA would confine registered use of the product
          in question to states with an acceptable SMP approved by
           EPA. EPA would invoke SMPs if:  1) the Agency
             concludes from the evidence of a chemical's contami-
             nation potential that the pesticide "may cause unrea-
      \^    sonable adverse effects on the environment," and 2)
             the Agency determines, that although labeling and
             restricted use classification measures are not enough
             to  assure adequate protection of ground water,  na-
             tional cancellation would not be necessary if states or
localities take on the management of the pesticide in sensitive areas
to effectively address the contamination risk. State-developed Plans
would then focus on the vulnerable areas of the state and may choose
from a wide variety of measures including user education, modified
application practices, use restrictions or prohibitions: and agricultural
best management practices to address the risks posed by a particular
pesticide.

     The SMP approach utilizes the authority of FIFRA to govern the
conditions and terms of pesticide registrations. In other words, use in
accordance with an EPA-approved SMP becomes a. condition of the
pesticide's registration, either through a rulemakinjg or cancellation
action under FIFRA.  The practical effect is that absent an approved
32

-------
        Establish SMPs or
              Cancel
             Assess Adequacy of
            Label/Restricted Use
SMP, the pesticide would not be avail-
able for legal sale and use in a state.
Every state in  which a pesticide in
question is used will have an opportu-
nity to respond to an EPA determina-
tion that  State Management  Plans
(SMPs) are needed for a particular
pesticide. Thus, the decision that the
SMPapproachisneededforaparticular
pesticide is a national determination.

     It is consistent with the Agency' s
Ground-Water  Protection  Principles
that for some  pesticides  it will be
appropriate for the states to take the
lead role in protecting ground water
through the management of pesticide
use, based  on local  conditions of
ground-water use, value, and vulner-
ability. The Agency believes that a
lead role for the states is justified due
to the  expertise at the state level on
local hydrogeology, soils, agronomic practices, climate, andpesticide
use. The state and local authorities also understand the population and
land use trends in their  areas that help to define the future use of
ground-waterresources, and thus, the "reasonably expected" sources
of drinking water that should also receive priority protection.

     The effectiveness of any plan for managing risks to ground water
depends on the degree to which vulnerable areas in need of protective
measures can be accurately identified. Accurate identification means
essentially the degree of resolution (i.e., county, sub-county, farm, or
acre) which can be achieved in assessing local vulnerability. At one
end of the spectrum is  resolution at the national  level, which is
typically the Agency's basis for addressing dietary and applicator
exposure concerns. At the other end of the spectrum is resolution at
the level of individual acres.

     Although making determinations of vulnerability at the greatest
degree of resolution would be the preferred  technical basis for
management, the sheer number of decisions required by such an
approach would be overwhelming.  The Agency believes that the
states can be successful in conducting assessments at a high degree of
resolution, for example at the sub-county level, or in some cases, even
farm level. A state is also in a good position to assess the current use
                                ,
                                   <---
                   Establish National
                  Label/Restricted Use
                         Assess Leaching
                              Potential
The Pesticide and Ground-Water Strategy's regulatory approach
              includes four principal steps.
                                                    33

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     No two State Management Plans will be exactly alike. States.will tailor their Management Plans according to
                         aquifer sensitivity, pesticide use, and ground-water value.
  "..JEPA intends that states should have a
  substantial range of flexibility in the form
  and manner of their preventive measures,
  reflecting specific statevaluesanddiffering
  regulatory approaches."
                                 and value of ground water, as well as the future trends for various
                                 locations. Finally the states are better situated to consider social and
                                 economic values of alternative preventive strategies. The data bases,
                                 research, and technical assistance programs of USD A are a valuable
                                 source of information for the states in making these assessments.

                                      The requirements of individual state plans will vary, depending
                                 on the relative risk of ground-water contamination from that chemical
                                 in that state as well as social and economic values. EPA intends mat
                                 states should have a substantial range of flexibility in the form and
                                 manner of their preventive measures, reflecting specific state values
                                 and differing regulatory approaches. An advantage to this approach
                                                  is that a state can closely tie user training and
                                                  enforcement efforts  to its own differential ap-
                                                  proach.
    EPA will continue to have significant respon-
sibilities to oversee and support the states in their
implementation of Management Plans.  The large
majority of states do not have integrated programs
in place to manage the use of pesticides to protect
34

-------
 ground water and will require a great deal of technical information to
 support the development and implementation of SMP's. EPA, USDA
 and USGS all plan to  take an active role in supplying states with
 technical assistance and guidance on activities such as data interpre-
 tation, monitoring, ground-water vulnerability mapping, and em-
 ploying best management practices  (BMP's).  Although current
 knowledge about some of these management activities does not have
 the benefit of long-term research efforts, EPA will attempt to provide
 the most current and readily usable technical information to states.


 The States' Role: Developing and
 Implementing Pesticide Management
 Plans


 Ihe primary  policy innovation in the Agency's  Pesticides and
 Ground-water  Strategy is to give the states the option to develop
 individual State Management Plans, representing a  new attempt at
 forming a federal-state partnership to address a complex environmen-
 tal and regulatory issue.   However, implementing a differential
 prevention program is a complex  task.  For example, it involves the
 assessment of  aquifer sensitivity, and overlaying that information
 with data on the current usage of the pesticide in question to determine
'specific site vulnerability.  In addition, there must be an assessment
 of the relative value of the ground-water aquifers as current or
 reasonably expected sources of drinking water or in terms of critical
 interaction with surface water ecosystems.'  Finally, it includes
 consideration of social and economic costs of any prevention pro-
 gram.  This complexity makes it essential to resolve the apportion-
 ment of federal and state responsibilities.


 H/PA intends to provide considerable guidance to assist states in the
 development of SMPs. For example, in conjunction with this Strategy
 the Agency is issuing a guidance document describing the essential
 components of SMPs,  and will issue additional technical support
 documents in the future.

    The contents of approved State Management Plans will vary in
 their extent (i.e., in the  level of detail addressing the EPA-required
 program elements), according to the estimated magnitude of the
 ground-water contamination threat, among other factors. It is antici-
 pated that SMPs will have a natural tendency to fall into one of three
 categories, although EPA recognizes and accepts that there could be
Summary of State
Management Plan
Contents
                                                                                        35

-------
                                  as much variation among the particulars of SMPs as there are states
                                  with plans. EPA will be flexible in its review of SMPs, accepting that
                                  different approaches and philosophies can obtain the same general.
                                  environmental goals.  In approving such programs., EPA will also
                                  determine that they are consistent with the Conservation Compliance
                                  Plans under the Food Security Act of 1985, as amended, as well as with
                                  any other relevant program, such as a State Ground-Water Protection
                                  Program. In making its determination, EPA will consult with USD A,
                                  and provide USD A an opportunity to elevate disputes to the Admin-
                                  istrator.

                                       The three  general  SMP categories that EPA envisions  are
                                  primarily distinguished  by  their level of detail and specificity in
                                  addressing the various components of an acceptable SMP. The most
                                  thorough and complete State Management Plan will entail addressing
                                  the required program components in sufficient detail so as to attain the
                                  ultimate objective, that is, preventing ground-water contamination
       1
       1
           Assumes that pesticide
           useage poses a minimal risk
           of contamination throughout
           the state.
Acknowledges potential for
ground-water contamination
from pesticides and the state's
commitment to characterizing
the problem and responding
appropriately.
                                       "Baseline"
                                          SMP
                                              "Moderate"
                                                  SMP
"Full Scale"
   SMP
Realizes the need for
implementing all required
components due to significant
level of risk posed by chemical
use within the state.
      EPA envisions three general categories of State Management Plans, distinguished by their level of detail and
                     specificity in addressing the various components of an acceptable SMP.
36

-------
 that may present adverse effects to human health and the environment.
 Such aFull Scale Plan will be appropriate for a state with a significant
 level of risk, as indicated by all relevant factors, including site-
 specific hydrologic characteristics and patterns of chemical use
 within a state.   A Moderate Plan would  represent a state's
 acknowledgement of the potential for ground-water contamination by
 the pesticide in question, and the state's commitment to characterize
 the problem more fully and to respond appropriately.  A moderate-
 level plan would be initially  appropriate in those states where the
 chemical's use is  confined to areas of low and moderate aquifer
 sensitivity.  A Baseline SMP would reflect a determination that the
 pesticide's.use poses a minimal risk of contamination throughout the
 state (because of the lack of use or low aquifer sensitivity), but the state
 would commit to move to a higher level of management plan if the
 situation changes or new evidence warrants. This would be appropri-
 ate for states which show outdoor uses of the chemical only in areas
 of low sensitivity (or no outdoor use). The ultimate characteristics of
 any state's SMP will hinge on the pesticide usage and ground-water
 vulnerability data the state assembles in its application to EPA.


 As part of the prevention principle of this Strategy, EPA will expect
 states which have highly sensitive ground water to include appropriate
 management practices in their SMPs in such areas, even in the absence
 of actual detections in ground water.  While  EPA will  generally
 identify some of the conditions of high vulnerability in generic terms
 which can be usefully referenced in  labeling,  local areas of  high
 aquifer sensitivity  which the state can identify may depend for
 adequate protection on the state taking proactive measures which go
 beyond EPA precautionary labeling as part of their SMP.

    For a plan to be truly preventive in its approach, efforts to manage
 a pesticide's use should begin with early indications of its potential to
 contaminate groundwater.  These early indications can be based on
 information about the physical and chemical properties of the pesti-
 cide, how and where it may be used,  and predictions of its fate in
 certain usage areas, or evidence of contamination in similar areas.
 EPA will support such a proactive approach in SMPs.

    For example, reducing use in sensitive areas might be appropri-
 ate in the case of a new pesticide with potential for adverse effects and
physical/chemical characteristics showing leaching potential coupled
with predicted usage in areas of high or moderate sensitivity or for an
Emphasis on Prevention
in SMPs
                                                                                           37

-------
                                            fon Strategy
                                                     • IP$^ Practices
            Well CwMri&$^^g'C#
-------
 defined inEP A's Ground- Water Protection Principles, or to theextent
 and level specified by the state (if the state standard is more stringent).

     Having contingency provisions is critical to the concept of State
 Management Plans. It will be a fairly lengthy and complex process
 to reach the determination  that  a particular pesticide  should be
 managed through the vehicle of SMPs. Moreover,
 EPA and the individual states will then need to work
 together in the process of getting individual SMPs
 approved. Thus, as a practical matter, it would be
 both inefficient and irresponsible in terms of public
 health protection to have to revisit the process of
 plan approval if  a specific  set  of management
 measures failed to prevent contamination or new evidence of risk
 arises. Thus, a management plan cannot be considered adequate
 unless it is to a large degree self-adjusting through  contingency
 elements calling for  additional  actions triggered by appropriate
 evidence that its first line of approach is failing or inadequate.
"...A critical component of any acceptable
SMP will be the component describing the
state's prevention measures."
.Reference points are applied differently, according to whether the
contextis prevention or remediation. The use of these reference points
with respect to remediation of existing ground-water contamination
by pesticides is discussed in the next Chapter.

     The use of reference points to establish levels of regulatory
concern or interest will facilitate EPA/state decision-making under
this Strategy. WithrespecttoEPAdeterminationspursuanttoFIFRA,
detections of pesticide residues in ground water are approached as part
of a general weight-of-evidence assessment.  Detection at or above
such health-based reference points constitutes  a potential risk to
health where it occurs.  EPA anticipates that the risks posed by
pesticide contamination of a local underground source of drinking
water, at or above the MCL  or other "interim" reference point, will
generally deserve a careful assessment of continued pesticide use in
that area.  Any geographical pattern of detections that suggests  the
likelihood of exceedences will trigger a national reassessment of the
risks and benefits of the continued use of the pesticide.  As stated in
Protecting the Nation's Ground Water: EPA's Strategy for the 1990's.
"reaching the MCL or other appropriate reference point would be
considered a failure of prevention."

    Detections below MCL's should also trigger examination under
the  SMP.  At a minimum, confirmed detections of a pesticide in
ground water will be treated as a cause for concern and should trigger
some action to diagnose the cause of the particular  detection, and
               Role of reference points
               in State Management
               Plans
                                                                                           39

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"At a minimum, confirmed detections of a
pesticide ingroundwaterwillbe treatedas
a cause for concern and should trigger
some action to diagnose the cause of the
particular detection,  and determine
whether  any  further  regulatory!
management approaches are needed."
                                determine whether any further regulatory/management approaches
                                are needed. Whenever monitoring data or other information indicates
                                a reasonable likelihood that ground-water contamination may reach
                                or exceed the MCL or other benchmark level, the states will be
                                expected to assess potential risks and consider additional actions.
                                These could include a wide variety of measures, including education
                                of users, additional monitoring requirements, management practices
                                such as changing applicationrates, number and timing of applications,
                                changing agronomic practices, or use moratoria, to the point of
                                prohibiting use if necessary and appropriate. In effect, EPA supports
                                a graduated approach whereby increasingly stringent control mea-
                                sures will be appliedin response to increasing evidence that apesticide
                                is posing an unreasonable risk.              \

                                    It should be recognized that there are scientific limitations at this
                                time in  the state  of the art of both monitoring arid mathematical
                                modeling to predict the behavior of pesticide residues in the subsur-
                                face environment. Consequently, a graduated approach to pesticide
                                management may not always be a practical possibility. The use to
                                which reference points are put in relation to regulatory decisions and
                                               managementplans must be specific and appropriate
                                               to the individual pesticide chemical involved. Pes-
                                               ticide levels detected in ground water have been
                                               known to fluctuate substantially  over relatively
                                               short periods of time. For example, a heavy rainfall
                                               can cause such fluctuation.  Thus, a detection at
                                               levels well below the MCL or reference point will
                                               not always offer assurance that there  is time for a
                                               gradual escalation of prevention measures in order
                                               to prevent reaching the MCL.  Another relevant
                                               factor is that for some pesticides the MCL or health
                                               advisory level is quite low in relation to the limits of
                                 analytical detection. In such cases, a positive detection may be so
                                 close to the MCL that it would justify a very rapid assessment of the
                                 need for additional action.  For a different chemical, the margin
                                 between detected levels and the MCL might be quite large, and this
                                 would offer a margin of safety and allow for further consideration of
                                 a broader range of actions.
Generic vs Pesticide-
Specific SMPs
                                It is important to note that SMPs become required conditions of
                                pesticide use only through chemical-specific regulatory action. The
                                recourse to such a chemical-specific SMP will occur either at the time
                                of registration, or, for already-registered chemicals, through an EPA
                                rulemaking or cancellation action.
40

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     Since both rulemaking and cancellation actions can be lengthy
 public notice and comment procedures, as a practical matter, it may
 be several years before designated pesticides will be subject to use
 onlyundertheprovisionsofapprovedStateManagementPlans. Also,
 EPA recognizes that development of a full-scale, pesticide-specific
 SMP will be time- andresource-intensive. Thus, EPA has encouraged
 states to develop Generic SMPs as a means of planning and prepara-
 tion for the eventuality that specific pesticides will be regulated in this
 fashion.

     Many of the components of an acceptable  SMP would be
 essentially the same within a given  state regardless of the specific
 pesticide  in question.   A  Generic Plan  would address all the
 components of a "full scale" SMP, but would cover those elements
 most pertinent to chemical-specific factors (for example, preventive
 program measures and monitoring plans) in generalized terms.  For
 example, any SMP needs to describe a state's general philosophy and
 goals, its legal authorities, resources both technical and financial, and
 other "generic" elements.

     EPA will review "Generic" State Management Plans focusing on
 adequacy. The Agency, in collaboration with the states, will define
 a range of ways to achieve "adequacy" rather than one prescriptive
 definition. EPA's review of State Plans will be flexible and take into
 accountthe unique characteristics of each state, as well as the different
 stages of development of each state  program.  The process will be
 interactive, with the states and EPA working together. It will focus
 on assessing programs to identify gaps, and providing EPA technical
 and financial assistance to states to  build their overall capacity to
 address ground-water problems resulting from pesticide use. The
 Agency recognizes that efforts to manage pesticide risks to ground
 water need to take into account and be compatible with other federal
 and state environmental management measures designed to address
 problems  such  as  soil erosion and surface  water quality.  EPA's
 guidance document for SMPs will discuss the distinction between
 generic versus pesticide-specific plans.

     The design of Generic State Management Plans  should reflect
 the need to manage a pesticide's use based on indications of its
potential to cause unreasonable risk of ground water contamination.
In this respect, EPA will encourage  state emphasis on information
dissemination to educate users, and to promote pesticide application
 and related agronomic practices that will minimize the contamination
potential of pesticide use.
                                                                                            41

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                                         Pesticide X
                                             SMP
    Voluntary Generic SMP
           Blue Print
                                                                      Pesticide Y
                                                                          SMP
      By designing a voluntary generic SMP, the State can facilitate the timely and cost-effective development of
                              pesticide-specific SMPs as the need arises.
                                      It is also important to note the relationship between Pesticide
                                  Management Plans (either pesticide-specific or generic) and the
                                  broader cooperative federal-state effort to develop comprehensive,
                                  resource-oriented state ground-water protection programs, cited at
                                  the outset of this Chapter. Protecting the Nation's Ground Water:
                                  EPA's Strategy for the 1990s, which contains the statement of policy
                                  and principles that forms the basis of Agency policy described in
                                  Chapter 1, also includes a section entitled, "The Federal/State Rela-
                                  tionship in Ground-Water Protection." This documehtdescribes both
                                  EPA's new approach to the federal-state partnership with respect to
                                  ground water and describes the components expected in a State
                                  Ground-Water Protection Program. With respect to pesticides and
                                  ground water, this Strategy conceives of State Pesticide Management
                                  Plans as an integral part of any integrated state programs that may be
                                  developed in the future, reflecting the same basic philosophy and
                                  management approach, and a consistent set of program components.
42

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     As noted earlier, EPA has taken steps to help develop state
capacity to conduct such coordinated ground-water programs  by
providing grants under existing Agency programs to begin establish-
ing the infrastructure needed for these integrated
state programs. The Pesticides and Ground-water
Strategy is only one of the Agency's programs
involving these new efforts at federal-state partner-
ship approaches to ground-water protection; others
include  the Wellhead Protection and Non-point
Source Programs. The efforts put forth under each
program are complementary, since the states that
have performed extensive planning under one or
more of the above programs can draw upon the
useful information  and experience they have developed to support
further ground-water protection efforts.  The Agency encourages
states to coordinate and integrate these program  efforts with the
planning and implementation of SMPs for pesticides.

        In recent years, many states have taken measures to better
understand and address the problems of ground-water protection.
Some of these measures include conducting monitoring programs,
developing ground-water protection  strategies, setting water quality
standards, and establishing regulatory and non-regulatory manage-
ment approaches to various contaminants, includingpesticides. Some
states have, in effect, anticipated this Strategy, and are already
conducting programs to manage pesticides in ground water, since they
have had to respond to significant pesticide contamination problems.

     The scientific understanding of ground-water contamination is
in a very dynamic state at the present time. The increasing concern
for ground-water quality in recent years has led to the recognition of
many gaps in our understanding of the causes of contamination and
the best means for addressing the problem. As more research is
directed to these areas, it is reasonable to expect that our ability both
to predict contamination problems and to adopt appropriate measures
to avoid it. will improve.  However, the imperfect state of current
knowledge should not be viewed as a reason for inaction. There is,
in fact, a great deal of technical information currently available from
the federal government, states, and other organizations that can be
integrated and distributed widely to state agencies and other organi-
zations having roles in developing"and implementing ground-water
protection programs.
 "...This  Strategy  conceives  of State
 PesticideManagementPlans as an integral
 part  of  any  broader comprehensive
 programs that may be developed in the
future."
                                                                                          43

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                                 The Role of Other Federal Agencies


                                 The Agency has recognized for some time that this Strategy, in
                                 common with the Agency's other developing programs for ground-
                                 water protection, will require new working relationships to be devel-
                                 oped among agencies at the state level, as well as between state and
                                 federal government agencies.  For example, in most states, the lead
                                 agency for pesticide regulatory matters is the state Department of
                                 Agriculture.  However, in relation to ground-water concerns, other
                                 agencies with responsibilities for drinking water quality, ecological
                                 concerns and public health are all likely to have significant roles to
                                 play in the assessment of ground-water problems arid the choice of
                                 management measures to address risks. Local water conservation
                                 districts and other levels  of local government may also be appropri-
                                 ately involved in various aspects of SMP development and implemen-
                                 tation. In short, effective coordination among diverse agencies will be
                                 important to the success  of the SMP approach.

                                      As  discussed earlier in  this  Chapter, there is  a substantial
                                 commitment at the federal level, coordinated through the President's
                                 Water Quality Initiative, to pursue solutions to water-quality prob-
                                 lems through federal research.  These research efforts should comple-
                                 ment implementation of  this Strategy by developing practical meth-
                                 ods for minimizing adverse impacts on ground water associated with
                                 agricultural practices.

                                      Aside from coordinating research, federal agencies will need to
                                 work together closely to  produce and broadly distribute the practical
                                 results of research in the form of technical assistance to states and to
                                 the agricultural community. While some technical information will
                                 be of value primarily to state agencies, such as monitoring or modeling
                                 techniques for predicting ground-water contamination  problems,
                                 pesticide users are also critical to the success of any risk management
                                 measures.  The pesticide user is in the unique position of directly
                                 controlling the use of apesticide in the field. For this reason, users are
                                 the ultimate target for efforts to communicate the requirements of
                                 SMPs, and also for any new agricultural practices or technology that
                                 will help to prevent ground-water contamination. The appropriate use
                                 of a pesticide in the context of special concerns about ground water
                                 will depend largely on the user' s understanding and ability to carry out
                                 directions specified on the label or provided by other means.

                                        In addition to labeling developed by the Agency, EPA looks
                                 to the extensive field presence represented by the USD A Cooperative
44

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Extension System and its state counterparts, as well as other USD A
agencies such  as the Soil Conservation Service, to be important
sources of education and technical assistance to pesticide users in
dealing with ground-water protection in general,
and with the requirements of individual SMPs as
they are implemented in the future. The numerous
research and demonstration projects under USDA's
Water Quality Initiative and Sustainable Agricul-
ture Programs, for example, will yield specific
agronomic practices related to water quality protec-
tion that USDA's field agencies will convey to the
farming community. By participating with USDA
in the planning of these projects, EPA will be able to point out those
developments most useful for widespread dissemination in order to
achieve ground-water protection goals.

    Another valuable federal-level source of information will be the
United States Geological Survey (USGS), which has the primary
scientific expertise in the assessment of water and geological re-
sources. USGS also participates in the coordinated federal research
efforts of the Water Quality Initiative. USGS can provide states with
valuable information and experience in delineating and assessing
hydrogeologic characteristics of specific localities.

    As an example of a recent joint federal effort which will help to
support this Strategy, EPA and USDA Extension  Service have
developed an educational package, "Protecting Groundwater: A
Guide for the Pesticide User," which was designed for use in state
certification and training programs. In developing SMPs, states can
adapt the module to better fit local conditions and individual state
certification and training programs. The Agency will seek similar
opportunities to assist in the development of supporting materials and
decision aids for pesticide users. Certainly, there is a need to provide
up-to-date information to farmers and to explore new channels of
communicating this information on a continuing basis.
"...Federal  agencies will need to  work
together closely to produce and broadly
distribute the practical results of research
in the form of technical assistance to states
and to the agricultural community."
The  Role of Pesticide Users and
Registrants

Whether or not there is a State Management Plan for a pesticide
posing unreasonable risks of ground-water contamination , the user
will continue to be responsible for directly controlling the use of
pesticides in the field.  Thus, users will need  to have a better
               Pesticide Users
                                                                                          45

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 "...Whether or not there  is a  State
 Management Plan for a pesticide posing
 unreasonable risks of ground-water
 contamination, the user will continue to be
 responsible for directly controlling the use
 of pesticides in the field."
understanding of the problem of pesticides contaminating ground
water.  At a minimum, a user must follow the instructions found on
the label of each pesticide product and when required, be trained and
certified in the proper use of the pesticide.

    However, the Agency does not expect the pesticide user to make
highly technical decisions on his own. The best approach is to provide
the user with clear instructions either not to use a pesticide or to use
it in a certain manner in clearly specified circumstances. To some
degree, a pesticide management plan should have the capability to
provide such specificity.                    ;

    In practice, the site-specific nature of ground water could still
require the user to have adequate information to identify vulnerable
hydrogeologic environments in the area where a pesticide of concern
is  being applied to  determine if special prevention measures are
needed or required: Even a very detailed SMP is likely to rely to some
extent  on labeling or supplementary written information that users
                will need to interpret.  There are no easy formulas
                to provide exact answers to the user through label-
                ing instructions alone. USD A agencies providing
                education and technical assistance, working  with
                the states, will be critical in providing improved
                support to pesticide users for  making application
                decisions.
                    A major vehicle for improving user decisions
                is applicator training and certification. As noted
       	       above, EPA is developing a rule establishing evi-
dence of leaching potential as criteria for considering restricted use
classification. This would help to ensure that pesticides identified as
potential leachers, but which have not necessarily triggered concerns
warranting SMPs or cancellation, would nevertheless be restricted to
trained and certified applicators.   Working  with  the  states  and
USDA's Cooperative Extension Service, EPA is improving training
and certification programs so that more users are aware of issues
related to ground water and measures to protect this resource.
 Pesticide Registrants
 While there are state and federal programs that can shoulder some
of the need, registrants will also need to play a greater role in assisting
the user in the proper, environmentally sound application of their
products.  EPA believes  that registrants  should assume a greater
commitment to "product stewardship" by informing distributors and
applicators how their products should be managed to prevent degra-
dation of ground-water quality.
46

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    In the future, registrants will also be expected to conduct more
representative monitoring of ground water where pesticide use occurs
in areas that may be susceptible to contamination. These studies will
be critical to ensure that protection efforts are
working. Where there is a potential ground-water
contamination concern, certain new registrations
may be granted on the condition that the registrant
conduct monitoring studies. Continued registration
of certain pesticides under SMPs, may also hinge on
monitoring data to indicate the environmental ad-
equacy of those management efforts. Registrants
may find it beneficial to pool their efforts to estab-
lish a joint and effective monitoring capability.
"...EPA believes that registrants should
assume a greater commitment to product
stewardship' by informing distributors and
applicators how their products should be
managedtoprevent degradation of 'ground-
water quality."
    Finally, in response to concerns about ground-water quality and
changes in the availability of pesticides posing such concerns, the
Agency expects that registrants will find it in their best interests to
develop safer alternative pesticides in order to capture new market
opportunities.
                                                                                         47

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                                                                      Chapter  3
                            Response  Policy and  Program
 One of the most challenging tasks facing the Agency and the states
 is developing a strategy for responding to ground-water contamina-
 tion which may adversely affect human health and the environment,
 particularly when  the contamination results from normal use of
 pesticides. Adverse effects mean those risks that are significant to the
 affected population and determined to be unreasonable where appro-
 priate under relevant statute (in this case, FIFRA).  The essence of
 EPA's approach is to emphasize early detection and monitoring so
 that it can address the appropriate steps to control and remediate the
 risk of adverse effects to human health and the environment.  In the
 event of contamination, particularly of a current source of drinking
 water, EPA will work closely with the states in their efforts to control
 suchrisks, but not dictate how astatemustrespond. Where a pesticide
 has reached the MCL or other benchmark level, EPA expects states
 not only to take strong action to protect persons who may be drinking
 the contaminated water, closely hydrologically connected surface
 waters and the associated ecosystems they sustain, but also to stop
 further contamination.

    The  Agency will continue to emphasize the development and
 enforcement of MCLs to ensure the adequacy of drinking water from
 public water systems. In addition, since FIFRA provides limited
 means for responding to contamination, the Agency will also increase
 efforts to coordinate enforcement and other response activities under
 a number of federal  authorities so that responsible parties can be
 identified and required to take the actions necessary to reduce or
 eliminate imminent health threats. On a case-by-case basis, EPA will
 assist the states by providing funds for removal actions, including
 provision of alternative drinking water, when there is an imminent and
 substantial endangerment to public health.


 Factors Considered


 1 hree basic questions arise in considering a strategy for responding
 to contamination incidents which may adversely affect human health
 and the environment:  1) what are the appropriate federal/state roles;
 2) what are the available legal authorities and actions for different
 types of contamination incidents; and 3) who is liable for contamina-
tion. To address these questions, several site-specific conditions must
Prevention
 Policy &
 Program
                                                                                      49

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                                 be considered, including: the use and value of ground water affected,
                                 the source or circumstances that resulted in contamination, and the
                                 appropriate type and degree of response needed, after considering
                                 social and economic values.
                                  Response Strategy
                                       Considerations

                                     Type of Response
                                     Ground Water Use
                                     Source of Contamination
                         What are the
                          appropriate
                         Federal/State
                            roles?
        What are the
       available legal
       authorities and
          actions?
 Who is liable
   for the
contamination?
      An appropriate Response Strategy is built on the foundation of three important questions. Answering these
                             questions requires consideration of three factors.
Type of Response
       respect to pesticides in ground water, there are a number of
response mechanisms (that might be characterized as "containment")
available under HFRA and other statutes that are most appropriate
when the object is to curtail the source of ongoing contamination to
prevent an imminent human health threat. Typically, these response
authorities are designed to address a particular kind of contamination
incident, one with a clear, direct source and a very limited scope.
However, the case of full scale  remediation, involving positive
restoration of the ground water resource or redress of the hatm of
pesticide contamination, poses difficult questions, :some of which
remain unanswered.
50

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 .1 he use and value of the ground water that has been contaminated
 is acritical consideration in determining both the level of concern and
 the authorities available to conduct or require a response action. For
 instance, ground water serving as a source to public drinking water
 systems^' is-subject to. specific protection under the Safe Drinking
 Water Act (SDWA).  Under the SDWA, public water systems are
 required to provide water meeting drinking water standards (i.e., no
 contamination exceeding MCLs). Although SDWA regulations do
 ,'not apply to private wells, most states use these or similar standards
 of their own as a basis for informing well owners of possible health
 Brisks. In some cases,;;state laws may require closure of private wells
 that do not meet drinking water standards.

 ; 1 he source and circumstances of contamination at a given site is also
 an important consideration in determining the appropriate authority
 for responding to contamination. Under the Comprehensive Emer-
 'gency Response, Compensation and Liability Act  (CERCLA, or
 "Superfund"), EPA has the authority to clean-up contamination and
 recover the cost of these actions from responsible  parties.  Cost-
 recovery, however, is  specifically excluded by the CERCLA statute
 for contamination "resulting"from the application  of  a  pesticide
 'product  registered under the Federal Insecticide, .Fungicide and
 Rodenticide Act" (section 107 (i)). Recovery of costfrbmresponsible
 parties is a possibility, however, when contamination is a result of
 either illegal use or disposal, or accidental leaks and spills.

     The Agency believes that the type and degree of response must
 be arealistic approach based on the specifics of each case, particularly
.with respect,to: 1), the  differential use and value of the .ground water
 already contaminated;  2) the severity of the contamination, relative to
"established "reference points," such as MCLs; and 3) the social and.
 economic costs of any response strategy.


 EPA Response Policy


 1 he Agency's priorities for contamination response, laid down in its
 Ground-Water Protection Principles, are to limit the risk of adverse
 effects' to human health first and then to restore currently  used and
 reasonably expected drinking water supplies and ground water closely
Ground Water Use
Source of
Contamination
    Public Water Systems are defined by the SDWA as those systems providing
    drinking water to 15 or more permanent service connections' of 25 people a
    day for at least 60 days a year.
                                                                                           51

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                              hydrologically connected to surface waters, where such restorations
                              are practicable and attainable. The concept of a priority framework
                              for ground water remediation reflects the need  to maximize the
                              environmental and public health benefit of each dollar spent. EPA's
                              response strategy will be to  address the problem of ground water
                              contamination on a number of fronts. The Agency will exercise its
                              own authorities but not dictate how a state mustrespond. EPA will
                              require a State Management Plan to identify how it will respond to
                              ground-water contamination exceeding MGLs, whether in public or
                              private wells. Specifically, the Agency adopts the following policies:
                               Response Policy
                               1.
    s       ^ "•  s              $ A t""f fws-f •* ,• SV  •"•• '         «"•"
     Inhere;* jjeltieidehasor Is expected to etfee.ed reference
     gofritefa ground w&r; EPA 'expects the Mate to tafce
     sbfittg aeiiofes to stop further eotttaTOitotioit, These
    *- Mi
-------
water contamination^ can be grounds for cancellation of the registra-
tion. When a pesticide level in ground water has or is expected to
exceed  an MCL or other reference  point as a result of normal
agricultural use, a strong stance is expected to be taken by a state to
stop further contamination (see Chapter 2).   At a minimum, con-
firmed detections of a pesticide in ground water need to be treated as
a cause for prudent concern and should trigger some action to diagnose
the cause of the particular detection, and determine  whether any
further regulatory or management approaches are needed. States are
always free to respond more aggressively to any level of detection in
accordance with its ground-water protection policies, and on the basis
of its vulnerability assessments, analysis of pesticide usage data,
determinations of ground water use and value, as well as social and
economic values.
 Response Policy
 2.
         '  %   ::'-''''
. EPA tarns a storing ajidBnielyleijfJonseto c#ntol-
nation is essential A state's pesticide mariagemeht plan
     to contajninatipnjff drinking water that exceeds MCLs,
     The states will be expected to ensure that appropriate corrective
actions are taken to address threats to its citizens' health posed by
pesticide contamination of ground water, but EPA will not dictate
how states must respond.  At a minimum, a state needs to take steps
to identify and track ground-water contamination in order to deter-
mine if current drinking water wells will be affected and to notify users
of the potential healthrisks. An important source of such data will be
the monitoring and/or vulnerability assessments performed by Public
Water Systems in implementing new pesticide MGLs promulgated by
EPA. State pesticide management programs need to be sure not to
overlook such data. By integrating its federally delegated authorities
and resources with  its  own 'authorities  and resources, a state can
provide an effective overall scheme for responding to threats to public
health resulting from pesticide contamination of ground water.

     A number of states have already adopted or  are considering
funding mechanisms for contamination response, such as general
state revenues, a state trust fund generated by a tax on pesticide use,
or a requirement for users or registrants, jointly or alone, to provide
corrective actions. EPA is also considering the development of a
number of assistance measures to support states in their corrective
                                                                                           53

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                                response efforts. These measures range from site-specific and general
                                technical assistance to providing public information and education.

                                     In summary, a state's contingency plan for a remedial response
                                to contamination will be akey component of its pesticide management
                                plan. The presence of such a response scheme does not, however,
                                change the importance of prevention in a state pesticide management
                                plan. Recognizing that contamination is still a possibility even under
                                the best management efforts, states should develop corrective mecha-
                                nisms to respond effectively.
                                 Response Policy
                                 3.
                        *            ;•;.
          ciftti»ueto>develop and str^jpforc^meitt of
- 1$€Ls[for pestictdesaiidothertoxiesubst|n<:es under the,
 siDfWA,aiidpaacase»by«case basis, may usetfoe SBWA'S
^rcerjjpMgr pwetp to respond, to contarniinaf ion,
  •*•*%&*& >J-  .-   .,        J.   \A,.,rv.,> """"'.
                                     Under the 1986 SDWA Amendments, EPA has been given
                                 expanded authority to respond to contamination of public drinking
                                 water systems and underground sources of drinking water when it may
                                 present an imminent and substantial endangerment to the health of
                                 persons.  Under this expanded authority, EPA may issue orders
                                 requiring the provision of alternative water supplies by persons who
                                 caused or contributed to the endangerment.  EPA may also enforce
                                 against Public Water System (PWS) violations of MCLs when state
                                 or local authorities have not acted to protect public health. EPA is
                                 pursuing the development of MCLs pursuant to the schedules of the
                                 1986 Amendments.  Prominent among the chemicals invoked by the
                                 SDWA are current or previously registered pesticides with evidence
                                 of potential to contaminate drinking water supplies. The addition of
                                 these MCLs will help EPA and states (with primacy to enforce these
                                 national standards among Public Water Systems) address contamina-
                                 tion incidents involving these chemicals.  Compliance with these
                                 pesticide MCLs will be among EPA's  drinking water program
                                 priorities, which the Agency will pursue in concert with the states.
                                 EPA will consider use of SDWA's emergency powers, including the
                                 pursuit of responsible parties, where ground water contaminated with
                                 pesticides poses an imminent and substantial endaingerment to the
                                 health of persons.
54

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 Response Policy
 4.
£P$ and the states will place greater emphasis OR coordi-
*mf fogFIF&A, SPW^RCRAaMCEROLA enforcement
activities to Identify parties responsible for ground-water
contamination as a result of the misuse of pesticides,
            gal dfeposal or leaks a»<|
      Under CERCLA, EPA has the authority to require corrective
actions and/or recover the costs of cleaning up a site by parties
responsible for ground water contamination from spills; misuse or
illegal disposal.  EPA and the states need to take advantage of the
GERCLA  enforcement authorities by  closely  coordinating their
efforts under FIFRA and the SDWA with those of CERCLA.
 Response Policy
 5.
0n a
                  basis, JEtMT pay assist states by
            CEtCLA-Hnanced  emoval actions to
     is an imminent human health threat.
      The Agency may consider on a case^by-case basis providing
CERCLA Fund financing for immediate, short-term response ac-
tions. Actions under CERCLA's Removal Program generally pro-
vide for short-term responses to mitigate or eliminate imminent
human health threats, such as providing alternative drinking water.
The Agency will seek cost recovery when contamination results from
leaks, spills or misuse and a responsibl£party is identified.
 Response Policy
 6.
      •. •, ...      fVV    s   \ f  f --\ f         '' f "
The quiestioii of who should pay;for lo»g-termremedial
actions  at $ites prevbttsij;e1|&taTiiiiiated b^ the ap-
proved use of¥pesticide is'a^pslative question, that
cannot be dealt with f«Jl> uift|I^FlFRA, EPA believes
that several aspects of the |irobiein must be considered
before a decision can be r~ *si~'
                           •••',f.>.

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                                      When contamination of ground water by a pesticide appears to
                                 be aresult of registered use, and that use was based on the appropriate
                                 data submissions at the time of registration, it is not clear who should
                                 be considered the responsible party.  In this situation, several parties
                                 have some involvement, including the user who applied the pesticide,
                                 the registrant who brought the pesticide to market, and EPA and state
                                 agencies who registered the product. The well owner may even bear
                                 some responsibility if he knowingly placed his  well in a high-risk
                                 setting. EPA is not in the position  to make this  type of liability
                                 determination at this time.
56

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PART  III
IMPLEMENTATION
 1 he purpose of the Pesticides and Ground- Water Strategy is to
establish a general framework for reducing the unreasonable risks of
pesticide contamination of ground water.  Because of the many
significant regulatory and non-regulatory  efforts by the  federal
government and the states to deal with the problem, !& Strategy is
needed to define goals, promote a consistent approacjyto ground-
water protection, and to provide a policy structure for fujure federal
and state efforts toward the goal of protecting ground jfrater from
pesticides, while allowing for flexibility to respond to,:|ocal differ-
ences and a dynamic knowledge base.  Part in describ*e| the many
tasks that must be accomplished, under the aegis of the Stfategy or in
concert with it, in order to prevent unreasonable adverst effects to
human health and the environment and to protect the environmental
integrity of the nation's ground- water resources.

      At the outset, it is  important to  emphasize tfia| since the
objective of ground-water protection  involves many factors and
responsible parties, it must be achieved through a variety|of means,
effectively organized in a coherent manner so that they may work in
concert, not in conflict. EPA's approach to ground- water'grotection
reflects  a new, more flexible policy for environmentaj||)roblem-
solving, promoting a blend of regulatory and non-regulatory ap-
proaches. In particular, EPA's new ground-water policysf ioneers a
new mode of interaction with states, localities, and otjrer federal
agencies, that of developing a genuine partnership with shtfgd goals
and responsibilities. Part of the new approach entails the:cro|icept of
pollution prevention, of seeking practical means to
reduce risks in advance of their realization and to
address voluntarily the root sources of riskfor more
efficient and effective protection,  as a long- term
remedy  to environmental problems.
".$jjjJIA.'s new ground-water policy pioneers
a /||| mode  of interaction  with states,
       In the context of agricultural chemicals and
pesticides, the long-term solution to ground- water
contamination is the development of safer chemical
and non-chemical pest control alternatives (e.g.,
integrated pest management, sustainable agriculture) and the:;|dop-
tion of environmentally sound agricultural practices. The principal
mechanism to implement such innovations is  federalty-spofisored
research and education efforts, discussed in greater detail "
locfijies, and other federal agencies, that
ofd^illoping a genuine partnership with
sharjJKgoals and responsibilities.
                                   "
                                                                                         57

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                                    The remainder of this Part is an outline of specific tasks and
                                activities that EPA, other federal agencies, and the states will need to
                                pursue in the next few years to secure the objectives of this Strategy.
                                Some of these actions are  available now and ares already being
                                implemented; others, in  particular, the implementation of State
                                Pesticide Management Plans (SMPs), are in the early design  stage.

                                Federal Level Implementation Activities

                                [Environmental Protection Agency
                                €>   Require environmental fate data to identify pesiticides likely to
                                    contaminate ground water.

                                    VEHICLE:  Registration and Reregistration

                                    STATUS:   Ongoing                 :

                                    Registrants for currently marketed products as well as for new
                                applications are required to supply physical/chemical data to identify
                                leaching potential. Where indicated, field-studies for persistence and
                                mobility or retrospective monitoring studies for registered products
                                may be required.

                                €>   Prescribe appropriate labelling for individual pesticides.

                                    VEHICLE:  Registration and Reregistration

                                    STATUS:   Ongoing

                                      The results of testing are and will be used to determine
                                appropriate labeling precautions and use directions for pesticide
                                products that  best protect ground water. The label directions and
                                precautions on probable leachers are intended to adequately address
                                the likelihood of contaminating ground water. For example, EPA
                                may prescribe maximum application rates, seasonal timing of appli-
                                cation, or generic use limitations such as well set-backs. In setting
                                national restrictions for chemicals found leaching into ground water,
                                EPA will take into account appropriate state and local measures to
                                limit leaching.
58

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•   Establish criteria for identifying chemicals with ground-water
    contamination potential as candidates for restricted use* *?if

    VEHICLE:  Rulemaking

    STATUS:   Rule proposed in May 1991

    EPA is developing a Restricted Use Rule aimed at identifying
pesticides likely to  contaminate ground water, and giving these
pesticides priority consideration for restricted use classification.
Those pesticides which are then judged to pose risks of unreasonable
adverse effects due to ground water contamination will be restricted
for use exclusively by applicators trained-arid certified in the con-
tamination risks. Pesticides will be identified^ as posing ground water
concerns based on their chemical characteristics, or on actual detections.
    Train applicators of restricted use pesticides in the prevention
    of groun-water contamination.

    VEHICLE:   Certification training mffiiule, jointly developed
                 byEPAandUSDA.   ^
                                  •  ' S35"
    STATUS:    Basic module completejffnd available infield;
                 supplemental version ifctlevelopment.

    Certification and training programs/which are a prerequisite for

the use of pesticides classified by EPA for restricted use, are partly
funded by EPA, but carried out under cooperative agreements with the
states by state and/or USDA Extension Sejtf ice personnel.
    Establish and enforce maximum contaminant level (MCLs)
    and health advisories for pesticidjlsjjvith leaching potential.
    VEHICLE:   Rulemaking (MCLsWr Federal Register Notice
                 (Health Advisories);^!
                                 rSJS-i
    STATUS:    Final MCLs for ISjjjjst/present registered pesti-
                 cides in 1991 ;finalMCLsfor another 9 pesticides
                 in 1992; further MCLs may be established as part
                 of EPA's triennidl^w chemical standards list.
                 Esixting health ddjisories for about 50 other
                 pesticides; newHAsjwillbe developed as pesiticides
                 are reviewed for registration or reregistration.
                                                                                           59

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                                     The MCLs established under the Safe Drinking Water Act
                                 (SDWA), are enforceable standards for public water systems to limit
                                 direct exposure to harmful contamination. Implementation of these
                                 standards reduce the direct human health risk'from ground-water
                                 contamination. To the extent the Pesticides  and Ground-Water
                                 Strategy prevents unreasonable ground-water contamination from the
                                 normal use of pesticides, implementation of the Strategy will rein-
                                 force water systems' efforts. Likewise, protective measures of the
                                 systems (i.e., monitoring and/or vulnerability assessments) will be a
                                 valuable input to EPA/state regulatory and management efforts.

                                     MCLs or Health Advisories developed jointly by EPA's pesti-
                                 cide and water program offices, will serve as,reference, points for
                                 federal-level assessments of risks and benefits, of continued use of
                                 pesticides or in State Management Plans, in accordance with the
                                 Agency policy on the use of reference points cited earlier (Part n,
                                 Chapter One).
                                     Establish procedures governing storage, mixing, loading and
                                     disposal of pesticides to prevent point-source ground-water
                                     contamination.
                                     VEHICLE:

                                     STATUS:
Rulemaking

Propose rule in 1991
                                 »   Actively promote development of State Ground-Water Protec-
                                     tion Programs (SGWPPs) as an overall coordination mecha-
                                     nism for ground-water protection activities (including
                                     pesticides).

                                     VEHICLES: Technical assistance and grant incentives; re-
                                                 gional or national workshops with states on major
                                                 policy issues.

                                     STATUS:   In FY 1991, issuing grant guidance to stress
                                                 coordination of state ground-water activities; in-
                                                 ventory of state programs; hold workshops on
                                                 policy issues.

                                     EPA will use a variety of means to encourage continued devel-
                                 opment of comprehensive, resource-oriented state ground-water pro-
                                 grams. This involves more coordinated use of Agency grant funds
                                 available under the pesticide, water and other Agency programs.  It
                                 also involves meeting with states to address policy issues, such as the
60

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development of a set of "adequate" program element definitions and
a policy for when EPA will defer to state policies and priorities in
implementation of its ground-water related programs.  ,
•   Ensure coordination  of EPA ground-water protection
    activities.               ^

    VEHICLE:  Creation of EPA Ground-Water Policjj? ommit-
                tee&bperationalGroupandRegulaip^Cluster.
                                                f;-3$V'
    STATUS:   In operation in fiscal year 1991.    r, §1
                    - -, '   . •   .      -  .   ,
                                                -•$£
    Given the number of EPA programs involved in various aspects
of ground-water protection, on-going coordination will be esjential in
order to accomplish the Agency's goals. Thus, senior lev|f Agency
managers at both Headquarters and the ten EPA Regional^Mces will
be responsible for continuing oversight of the various gpund-water
initiatives, and maintaining the overall policy directioCfe^rd inte-
grated state plans. In addition EPA is establishing a gr^|nd-water
"regulatory cluster" to coordinate decisions relating to gcpfSjd-water
protection across regulations, offices and media. The clustelwill help
EPA's new Ground-Water Protection Principles guide'all Agency
actions  and will provide for integration and consistency|in  EPA
regulations relating to the resource.                 "'"'•*;?•
    Conduct basic research on ground-water contamination.
     VEHICLE:   EPA's Office on Research and Develojjrjjjznt Ini-
                 tiative on Ground Water.    ,       -Sffe4

     STATUS:    FY1991 budgetinitiative          jR'
     This research includes work to improve Geographic Inf dmtation
 Systems, environmental fate and transport models, and anSvtical
 methods.                                          -M&&-
 U.S.Department of Agriculture
     Water quality programs in the Department of Agriculjurj^are
 part of a coordinated, government-wide initiative. Much>$phe
 initiative is being targeted to nonpoint source pollution ideni|f|fe| in
 plans developed by states under requirements of Section
 Water Quality Act of 1987. A major objective of the

                                                       •••O-fSKS
                                                                                         61

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                                  quality initiative is to provide farmers, ranchers, and other land
                                  managers with information necessary to voluntarily adopt improved,
                                  environmentally-sound management practices which do not sacrifice
                                  profitability.

                                      Committees composed of representatives from the USD A, EPA,
                                  and the Departments of Interior and Commerce are established to
                                  assure that planning and implementation of the programs are coordi-
                                  nated and that effective measures are adopted to address the objectives
                                  of the water quality initiative.          '              ;. .

                                      The effectiveness of the initiative will be evaluated on the basis
                                  of changes in the use of production inputs, in management practices,
                                  and in crops and livestock grown. The initiative will also be evaluated
                                  on the basis of water quality impacts on production factors, manage-
                                  ment practices, and costs of achieving water quality objectives.

                                  •  Conduct basic research                  ,

                                     VEHICLE:   Federal agencies and universities will continue to
                                                  pursue research in support of goals and objectives
                                                  outlined in  the  USLJA research plan for  the
                                                  President's Water Quality Initiative.
                                                        ...     .    .   •       . ' s -  i  , '
                                     STATUS:    FY1992 budget initiative  ':

                                      Projects will be continued in the Midwest; Corn' Elelt, where
                                  concentrated corn and soybean production involves widespread use of
                                  nitrogen and pesticides in connection with conservation tillage prac-
                                  tices. Research will be expanded to:

                                     •   As ses s the role of wetlands and stream borders in modifying
                                         the movement of chemicals into the water.

                                    : •   Develop crop rotation systems and me'ans to use animal
                                         wastes.                       ,

                                     •   Improve the understanding of transport and deposit of agri-
                                         cultural chemicals in soils and water.

                                     •   Improve risk assessment with new techniques to  assess
                                         mutagenic compounds in water.        '     1  ,

                                      Ongoing related programs will be continued  and expanded to
                                  develop more effective biological controls, improve integrated pest
                                  management systems and means  to better target pesticide applica-
                                  tions. Long-term benefits will also accrue from germplasm enhance-
                                  ment programs to impart natural resistance to pests and to map plant
                                  genomes to target economically important genes.
62

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•   Data collection analysis

    VEHICLE:   USD A's Economic Research Service and National
                 Agricultural Statistics Servicewill collect and ana-
                 lyze data to determine the economic consequences
                 of adopting new farming systems outlined in the
                 USDA plan for the President's Water Quality
                 Initiative.                                  fw

    STATUS:    FY1992 budget initiative

    Statistically reliable information on pesticide use and fa
practices is needed to assess the impacts of alternative systems add
approaches on producers, consumers, and rural communities. Other
federal agencies will also use the data to better understand patterns of
pesticide use in relation to identified water quality problems. Specific
projects include:

    •  Collection of pesticide use data for major crops, with state
        level statistical reliability, in coordination with other agen-
        cies and related programs in food safety.

    •  Analysis of management practices under development by the
        Agricultural Research Service and the universities to assess
        the economic consequences of adopting new farming systems.
•   Technology transfer                                    \

     VEHICLE:  USDA's Soil Conservation Service and Extension
                 Service agencies provide intensive technical assis-
                 tance and education programs on 74 hydrologic
                 units and 16 demonstration sites outlined in jhe
                 USDA plans for the President's Water Quality
                 Initiative.

     STATUS:   FY 2992 budget initiative                   '

     Voluntary adoptionof environmentally-sound managementprac-
tices by farmers and ranchers is the major objective of USDA-Water
quality programs. Initial training, technical assistance, and education
activities carried out by the Department have focused on training field
employees to improve information delivery capabilities and priority
projects in selected areas identified by state water quality plans. Funds
provided in 1991 will permit operation of intensive technical assistance
and education programs on 74 hydrologic units and 16 demonstration
                                                                                             63

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                                  sites.  Efforts  will continue to improve  field staff training and
                                  development of updated technical guides/Information from research,
                                  data collection and analysis, EPA's National Well Water Survey, and
                                  initial technical assistance programs will be used to target future
                                  priorities for education and technical assistance.'
                                  •   Financial Assistance

                                      VEHICLE:   Cost Share Programs

                                      STATUS:    FY1991 budget initiative

                                      Cost share programs will be offered to producers in the hydro-
                                  logic unit and demonstration project areas.  Financial assistance will
                                  be coupled with intensive education and technical  assistance  to
                                  encourage adoption of environmentally sensitive practices and the
                                  achievement of area-wide improvement and protection  of water
                                  quality.  Other financial assistance programs include:

                                         Agricultural Conservation Program, which includes special
                                         water quality projects which focus on problems identified by
                                         state and local water quality planning agencies.

                                         Water Quality Incentives Program, which "provides farm
                                         level  planning to reduce the use of fertilizer, other crop
                                         nutrients, and pesticides in order  to achieves  water quality
                                         objectives.  Participants receive  incentive payments de-
                                         signed to compensate for additional production costs and/or
                                         forgone production values.

                                         The 1990 Farm Bill also provides specific authority to enroll
                                         land in the Conservation Reserve Program under water
                                         quality related criteria. The program will be used to enroll
                                         areas such as newly created sod waterways and filter strips,
                                         wellhead protection areas and other areas that would contrib-
                                         ute to water quality.


                                  U.S. Geological Survey


                                      The USGS undertakes scientific investigations and research  in
                                  order to provide a technical basis for evaluating the impacts  of
                                  pesticides on  ground- and surface-water quality.  This is done by
                                  providing scientific information and tools for agricultural and other
                                  land-resource managers to design strategies to control contamination
64

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from chemical use and to evaluate the effectiveness of these strategies
over the long term.  Two areas of focus are: (a) identification and
quantification of the processes and factors that control the movement,
persistence, and alteration of pesticides and other agricultural chemi-
cals in the environment; and (b) evaluation of the impacts of current
agricultural practices on water quality.
•   Research and methods development   ^

    VEHICLE:   USGS Toxic Substances Hydrology Program and
                 NationalResearchProgwmdevelopnewmethod-
                 ology and conduct research into the processes
                 controlling contaminant transport.

    STATUS:    Ongoing

     The USGS conducts field-orientedresearch to develop an under-
standing of the relations between agricultural land use and grouhd-
and surface-water quality. A major interagency effort is currently,
underway to determine the processes and conditions that control
movement of pesticides in the environment and the relationship
between agricultural practices and the distribution of agricultural
chemicals in water resources. Other studies focus on the processes
that control transport and attenuation of pesticides in the unsaturated
and saturated  zones.   A goal of this research is to develop an
understanding of contaminant transport that can be used by resource
managers.
     Data collection and analysis

     VEHICLE:  USGS Hydrologic Data Collection Network and
                 National Water Quality Networks provide infor-
                 mation about the quantity and quality of the nation's
                 water resources at regional and national scales.
                 The National Water Quality Assessment Program
                 provides a detailed assessment of water quality in
                 selected study units and integrates information
                 obtained at several spatial scales, to provide peri-
                 odic national synthesis reports on important wa-
                 ter-quality issues.

     STATUS:   Ongoing
                                                                                            65

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                                      A nationwide effort to describe the present status and long-term
                                 trends of surface- and ground-water quality has been implemented
                                 through the USGS's National Water Quality Assessment Program.
                                 The program plan includes detailed assessments of water-quality
                                 conditions in 60 study units, encompas sing many of the nation' s major
                                 aquifer systems and river basins and including important agricultural
                                 areas.  This effort will improve understanding of how complex,
                                 interrelated land uses and natural conditions affect ground- and
                                 surf ace-water quality and will provide a scientific basis for evaluating
                                 theeffectiveness of various long-term strategies to protect the Nation's
                                 water resources.
                                 •   Federal-State Cooperative Program

                                     VEHICLE:   USGS Federal-State Cooperative program con-
                                                  ducts applied research on water resource issues
                                                  identified as important to stafe and local agencies.
                                                  The cost of projects is shared equally be USGS and
                                                  cooperating agencies.

                                     STATUS:    Ongoing

                                     The USGS conducts agriculture-related studies under the jointly
                                 funded Federal-State Cooperative program. In FY 1991, more than
                                 50 local and regional studies are underway to address water-quality
                                 aspects of agricultural issues. Many of these studies provide both
                                 critically needed technical information on the local hydrology and
                                 geology of agricultural areas and on nutrient and pesticide presence
                                 and movement into aquifers.  Evaluations of best management
                                 practices and their effects on water quality are also being accom-
                                 plished with the aid of this program.


                                 State Management Plans
                                                                         i

                                 JJoth EPA and the  numerous  state agencies which  have been
                                 involved in developing and commenting on this Strategy  understand
                                 that the SMP approach envisioned here is an innovation for all parties
                                 concerned. As a result, it will take extensive cooperative efforts
                                 among all the parties involved to work out the detailed procedures and
                                 divisions of responsibility that  will be involved in developing,
                                 approving, and implementing SMPs for specific pesticides. In that
                                 regard it is worth pointing out that there is a difference between this
                                 Strategy and its eventual implementation in chemical-specific SMPs.
                                 The Strategy describes the conceptual framework that makes SMP's
66

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                                 possible; the actual process of state-by-state development, approval
                                 and ultimate implementation of SMPs is a distinct endeavor in and of
                                 itself, to be pursued by EPA at the Headquarters and regional level,
                                 and by each state.17


                                 EPA to Issue SMP Guidance Documents


                                     Several documents are under development by EPA to help the
                                 states implement SMPs:                            •

                                        Guidance  for State Management Plans that will discuss in
                                        detail the appropriate components of a State Pesticide Man-
                                        agement Plan. EPA proposed this guidance; for comment in
                                        1988 in connection with the proposed decision on aldicarb,
                                        and received  extensive comments. For the essential SMP
                                        components the Agency has tried to reafch a balance between
                                        national consistency in protection and flexibility for states'
                                        needs.                            i-

                                        Additional Technical  Support Documents that will provide
                                        guidance to assist states in developing and implementing
                                        some of the more detailed and technical aspects of SMP's.
                                        For example, these will include guidelines for monitoring
                                        programs, response programs, the procedures for approval of
                                        SMPs, and the process for evaluating the effectiveness of
                                        SMPs.  These guidance documents  will be published as
                                        appendices to the Guidance described above for  public
                                        comment in the near future. A Technical Assistance Docu-
                                        ment on aquifer sensitivity/vulnerability assessment is also
                                        being developed by EPA in collaboration with USD A, USGS
                                        and various state agencies, and should be available in 1991.

                                     The Agency's Ground-Water Protection Principles reaffirm a
                                 policy of giving primary responsibility to the states for both the
                                 development and implementation of programs to protect their ground-
                                 water resources.  This Strategy reflects those principles, and the
                                 Agency intends that  states will have  primary responsibility for
                                 classifying the use, value, and vulnerability of their ground-water
                                 resources, considering social and economic  values of alternative
                                    "State" connotes the 50 States, Puerto Rico, the Virgin Islands, the District of
                                    Columbia, Guam and other Pacific Island Territories, as well as Indian lands
                                    under Tribal jurisdiction.
68

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strategies, for choosing management measures for pesticide use
practices, for setting priorities for both preventive and remedial
actions, for establishing monitoring programs, and for coordinating
between their own and federal agencies. The federal agencies intend
to devote significant efforts to offering technical support for state
decision making. EPA also plans for its ten Regional Offices to play
a significant role in assisting the states in the development, approval,
and implementation of SMPs, as well as periodic oversight of SMPs.


EPA Determines Whether State
Management Plans are Necessary to
Provide  Adequate  Ground-Water
Protection

EPA  would invoke the State Manageitient Plan approach for a
chemical if it concludes from the evidence of a chemical's contami-
nation potential that the pesticide "may cause unreasonable adverse
effects on the environment," and it determines, that although label-
ling, restricted use classification measures and existing state and local
measures to limit leaching are insufficient to assure adequate protec-
tion of ground-water resources, national cancellation would not be
neces sary if states assume the management of the pesticide in sensitive
areas to effectively address the contamination risk. In the event EPA
invokes the SMP option for, a chemical; its legal .sale and use would
be confined to states with an acceptable SMP approved by EPA.

     EPA may establish SMPs as a condition of continued legal use
of a pesticide in either of two ways. One. way is under the authority
of FIFRA Section 3, which  includes a provision known as "other
regulatory restrictions" authority.  In registering a pesticide for use,
EPA may classify it "for restricted use," if it finds that the pesticide
"may  generally cause, without additional  regulatory .restrictions,
unreasonable adverse effects on the environment" (Sec.3 (d)(l)(C)),
and use of a pesticide so •classified may be "subject to such other
restrictions as the Administrator may provide by regulation" (Sec.3
 (d)(l)(C)(ii)). Under this vehicle, EPA could undertake a notice and
comment rulemaking to classify one or more pesticides for restricted
use, with SMPs as part of the restrictions required. The rule would
include a risk/benefit analysis, showing that the benefits of avoiding
 contamination outweigh the costs  of the proposed restrictions.  The
rule would specify procedures and deadlines for states in developing
 and getting approval for their SMPs.
                                                                                         69

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I
                                          The other way would be through a cancellation action on the
                                      chemical in question, i.e., using FIFRA Section 6(b) authority to
                                      propose cancellation of the pesticide, unless there is an approved SMP
                                      in place. The basis for the action is a determination that as currently
                                      used, risks outweigh benefits, and cancellation is warranted; however,
                                      use under  an  approved SMP will have  an acceptable balance of
                                      benefits over risks.

                                          At the time this Strategy is being issued, EPA has issued a
                                      proposed decision on the pesticide aldicarb  under the Section 6
                                      approach; the  pesticide would be canceled, absent the adoption of
                                      individual SMPs.  However, this decision has not been finalized.

                                          In general, EPA believes the Section 3 procedure will be the
                                      preferred approach, because it offers a number of efficiencies which
                                      cancellation actions do not. The Agency is likely to continue to use
                                      the Section 6 cancellation action approach for pesticides which have
                                      several major risk factors (e.g., dietary, worker or ecological risks in
                                      addition to ground-water  concerns); Section  3 rulemaking would
                                      likely be used for groups of pesticides which have leaching potential
                                      as the primary concern.


                                      EPA  has taken a  National Approach to
                                      SMP Requirements

                                      JbL/ach state in  which there is use of the pesticide in question would
                                      respond to EPA's determination with the development of some type
                                                     of SMP.
        "...The 'national' approach is a stronger
        commitmentto the principle that the States
        are the appropriate parties to make the key
        assessments of local ground-water use,
        value and vulnerability, as  well as  to
        determine the best means for protection of
        the resource in a manner suited to local
        conditions."
                    EPA's 1988 proposed Strategy document did
                not specify how SMPs would be implemented.
                However, the aldicarb proposed decision of June
                1988, which stated that the Agency intended to
                apply the SMP approach to that pesticide, also
                indicated that EPA would make the; determination
                of the specific states that would need SMP's, based
                on the Agency's assessment of ground-water vul-
                nerability, monitoring data, and aldicarb usage.
                Based on public comment on both the proposed
                Agricultural Chemicals in Ground-Water Strategy
and the proposed Aldicarb decision, as well as further Agency policy
deliberations, the alternative procedure of having all states with use
of the pesticide respond to an EPA decision was judged to be superior
      70

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for a number of reasons. Perhaps the most compelling reason is that
such a procedure reduces the risk  that Agency assessments may
overlook a state that actually contains vulnerable ground  water.
Moreover, the "national" approach is a stronger commitment to the
principle that the states are the appropriate parties to make the key
assessments of local ground-water use, value and vulnerability, as
well as to determine the best means for protection of the resource in
a manner suited to local conditions.

    Since pesticide usage and ground-water vulnerability will vary
from state to state (as well as site to site), the requirements of the SMPs
will vary, reflecting the degree of risk represented by the differences
in pesticide usage and ground-water vulnerability in a particular state.
In addition, states may consider the economic and social values of
alternative  strategies in designing their SMPs. The Agency believes
this approach will have a natural tendency to produce SMPs that will
fall into one of three general categories. EPA will be flexible in its
review of SMPs, accepting that different approaches andphilosophies
can obtain the same general environmental goals. In approving such
programs, EPA will also determine that they are consistent with the
Conservation Compliance Plans under the Food Security Act of 1985,
as amended, as well as with any otherrelevantprogram, such as a State
Ground Water Protection Program. In making its determination, EPA
will consult with USD A, and provide USD A an opportunity to elevate
disputes  to the Administrator.        •",        ,     --


Elements of State Management  Plans


 1 he  three general SMP categories that EPA envisions are distin-
guished by the level, of detail and specificity of plan components
within an EPA-approved SMP.

    The most thorough and complete State Management Plan will
entail discussion of the required program components, developed and
implemented in sufficient detail so as to attain the ultimate objective,
that is, preventing ground-water contamination that may present
unreasonable adverse effects to human health and  the.environment.
Such aFull Scale Plan may be appropriate for a state with a significant
level  of risk, as  indicated by all relevant factors, including site-
specific  hydrologic characteristics and patterns  of chemical use
within a state.

     A Moderate Plan would represent astate's acknowledgement of
the potential for ground-water  contamination by the pesticide in
question, and the state's commitment to characterize more fully the
                                                                                           71

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                                 problem and to respond appropriately. A moderate-level Plan would
                                 be initially appropriate in those states where the chemical's use is
                                 confined to areas of low and moderate aquifer sensitivity.

                                     A Baseline SMP would reflect a determination that the pesticide' s
                                 use poses a minimal risk of contamination throughout the state
                                 (because of the lack of use or low aquifer sensitivity), but the state
                                 would commit to move to a higher level of management plan if the
                                 situation changes or new evidence warrants. Such a Plan would be
                                 appropriate for states  which show outdoor uses of the chemical only
                                 in areas of low sensitivity (or no outdoor use). An overview of this
                                 strategic approach will be described in the SMP Guidance Document.


                                 EPA Encourages Development of Generic
                                 State Management Plans


                                 While EPA can only require SMPs through ;a chemical-specific
                                 regulatory action as outlined above, it is nevertheless strongly encour-
                                 aging states to take the initiative voluntarily to develop "Generic"
                                 management plans which would then form the basis of the state's
                                 chemical-specific management plans.  In practice, it will be several
                                 years before designated pesticides will be subject to use only under the
                                 provisions of approved  State Management Plans.  However,  the
                                 Agency wants to encourage preparatory action now,.

                                     Many of the components of an  acceptable SMP would be
                                 essentially the same within a state regardless of the specific pesticide
                                 in question. Also, EPA recognizes that development of a full-scale,
                                 pesticide-specific SMP will be time- and resource-intensive. There-
                                 fore,  EPA encourages states to begin developing a Generic State
                                 Management Plan prior  to identification of a specific pesticide of
                                 concern. A Generic Plan would address all of the components of a
                                 "full scale" SMP, but would cover in generalized terms those elements
                                 which necessarily involve chemical-specific considerations (for ex-
                                 ample, preventive program measures and monitoring plans).  EPA
                                 will review "Generic" State Management Plans focusing on  ad-
                                 equacy.  The Agency, in collaboration with the  states, will define a
                                 range of ways to achieve "adequacy" rather than one prescriptive
                                 definition. EPA's review of state Plans will be flexible and take into
                                 account the unique characteristics of each state, as well as the different
                                 stages of development of each state program. The process will be
                                 interactive, with the states and EPA working together.  It will focus
                                 on assessing programs to identify gaps, and providing EPA technical
                                 and financial assistance  to states to build their overall capacity to
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address ground-water problems resulting from pesticide use. The
Agency recognizes that efforts to manage pesticide risks to ground
water need to take into account and be compatible with other federal
and state environmental management measures designed to address
problems such as soil erosion and surface water quality.  Generic
SMPs will be discussed in detail in the guidance document for State
Management Plans.

    Chemical-specific elements of SMPs would be developed pur-
suant to regulatory  action under FIFRA.   Under either FIFRA
procedure - section 3 or section 6 - there are extensive opportunities
for interested parties to comment on EPA's determinations concern-
ing the risks and benefits of the pesticide in question before decisions
are finalized.  Under either procedure, after EPA's determination,
affected parties have appeal rights for judicial review.


EPA and  Other Federal  Technical
Assistance
Jl/PA Regional Offices will have a major role in assisting states to
plan for and develop generic and chemical- specific State Manage-
ment Plans. Other federal agencies will provide critical technical
information and support to the states in developing SMPs.

    Both Pesticide and Waterprogram offices in EPA' s ten Regional
Offices will work with the states to assist in development of SMP's,
particularly in the early years of the implementation effort. This
assistance will dovetail with the role  of the Regional Offices in
supporting development of State Ground- Water Protection Programs
and such complementary programs as Wellhead Protection.

    Research, education, and  technical assistance programs pro-
vided by USDA will be particularly valuable as a resource for the
development  of individual state Plans because of their detailed
regional and state-specific expertise in agricultural pest control as
well as in the assessment of soil and water resources. USGS will also
play a valuable role in the assessment of aquifer sensitivity/vulner-
ability, which is central to designing effective management plans.

EPA Oversight, Evaluation and SMP
Adjustment
      Regions will have the lead role in working with the states to
determine what pesticide management techniques are working well
and which are not.
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                                     SMP implementation will be an evolutionary process, changing
                                 as EPA and the states learn through experience and also as we are able
                                 to incorporate research results to make better assessments or employ
                                 more effective risk management techniques.

                                     EPA intends to exercise oversight of the individual SMPs, which
                                 v/ill involve the development of evaluation procedures, and commit-
                                 ments by the states to report periodically to EPA on its assessment of
                                 the SMP in preventing and responding to contamination of different
                                 uses and values of ground water. It is possible jhat a state may not
                                 adequately administer its SMP, or that the SMP consistently fails to
                                 prevent  unreasonable risks of  contamination, as defined by this
                                 Strategy and  its associated guidance, despite strong contingency
                                 measures and attempts at modification.  In such cases, EPA and the
                                 state will need to re-evaluate the registration status of the pesticide in
                                 question for uses within the state.


                                 Summary of Strategy Implementation


                                     1.  The Agency will continue to exercise its current FIFRA
                                         authorities to address unreasonable risks from ground-water
                                         contamination posed by new and  old pesticides.  These
                                         actions include data gathering, labeling requirements, classi-
                                         fication for restricted use, and cancellation or, suspension.

                                     2.  New initiatives that have yet to be implemented include a
                                         restricted use rule forpotentialleachingpesticides, a series of
                                         new pesticide storage, disposal and container regulations to
                                         address point source contamination problems, and the State
                                         Management Plan approach.

                                     3.  State ManagementPlans (SMPs) will be implemented as part
                                         of regulatory decisions to cancel or restrict specific pesti-
                                         cides. All states with use of that pesticide, and that wish to
                                         retain the use in their state, will need to submit SMPs. EPA
                                         is encouraging all states to  develop  Generic SMPs now,
                                         ahead of future regulatory action and in concert with other
                                         activities  to promote State Ground-Water Protection Pro-
                                         grams.  It is expected that  the level of detail and effort
                                         required in individual SMPs will  tend to fall into three
                                         general levels, reflecting the relative ground-water vulner-
                                         ability and pesticide  usage for each state.
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    4.  The detailed procedures for development, approval and
        subsequent oversight of SMPs are under development. EPA
        will issue a series of guidance documents relating to SMP
        implementation and will consult with the states and the public
        about the specific issues involved. It is EPA's intention that
        states should have appropriate flexibility in designing indi-
        vidual SMPs to reflect local conditions. EPA will consult
        with USDA and the states to ensure that SMPs for pesticides
        are consistent with other environmental conservation pro-
    ••''•  grams.                   -'_'•                -      ";

    5.  The Agency will continue  to support states in  building
        capacity for implementing  ground-water protection pro-
        grams and will continue to provide technical support and
        conduct research to improve this support over time.

    6.  EPA will continue to coordinate with other federal agencies
        to conduct research and provide technical assistance that will
        lead to more  sophisticated  tools for the assessment and
        prediction of ground-water contamination problems, and to
        encourage the development  of environmentally protective
        agricultural and pest control practices.-

    This Strategy will complement EPA's overall Ground-Water
Protection Principles and its objective of implementing State Ground-
Water Protection Programs. It also complements the more fundamen-
tal objective of reducing the environmental  burden of pesticide
chemicals and seeking ways to bring agriculture and environmental
policies into harmony.
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PART  IV
CONCLUSION
 1 his Pesticides and Ground-Water Strategy attempts to do two
things. First, it describes how EPA currently uses and intends to use
its pesticide regulatory  authorities  under FIFRA to achieve the
Agency's overall goals  for ground-water protection.  Second, it
describes a new federal-state partnership approach for addressing
unreasonable risks from ground-water contamination posed by the
use of pesticides. For some pesticides which EPA has determined
pose risks of adverse effects to public health or the environment when
applied in vulnerable areas after considering label changes, restric-
tions and existing state and local measures to limit leaching, states will
have the option of assuming a primary role in the assessment and
protection of their ground-water resources through the development
of individual State Management Plans. EPA believes that this is an
appropriate strategy  for dealing with an environmental problem
characterized by a significant degree of local variability, and affecting
a resource which is also primarily a state and local responsibility.

    This Strategy is not a regulatory document, and imposes no
requirements on  any party. It is intended to describe Agency policy
and intentions with regard to pesticides posing risks of ground-water
contamination. In addition to describing the Agency's approach to
preventing unreasonable risks from pesticides contaminating ground
waters which are current or reasonably expected
sources  of  drinking  water,  or  which affect the
quality of surface waters, this Strategy has tried to
highlight the issues that were considered in reaching
these approaches.
    In developing the Strategy, EPA has sought
and received extensive comment from a broad spec-
trum of interested parties, including USDA  and
other federal agencies, state officials, and represen-
tatives of the agricultural community, the pesticide
industry, environmental and public interest groups,
and academic researchers. The  Agency believes
that this high degree of participation and interest has
made it possible to develop a strategic approach to
the management of pesticide risks to ground water
that will be protective of public health and the
environment, and which represents a reasonable and realistic division
of responsibility between state and federal authorities.
"...This  Pesticides and Ground-Water
Strategy attempts to do two things. First,
it describes how EPA currently uses and
intends  to  use  its pesticide regulatory
authorities  under FIFRA to achieve the
Agency's overall goals for ground-water
protection.  Second,  it describes a new
federal-state partnership approach  for
addressing unreasonable  risks from
ground-water contamination posed by the
use of pesticides."
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 "...EPA's  Ground-Water Protection
 Principles establish the overall goal as the
 prevention  of adverse effects to human
 health and the environment."
    Implementing this Strategy  with regard to when the State
Management Plan is needed will require considerable effort and
extensive cooperation between the states and EPA, as well as other
federal agencies. There will be a substantial learning period involved
for all parties as the means for developing, approving, implementing
and evaluating chemical-specific SMPs are worked out. In fact, this
process has already begun through the development of this Strategy
and also through grants to the states aimed at developing improved
capacity for coordinated ground-water protection programs. This
               learning and consultation process will continue as
               the Agency publishes its guidance documents for
               Strategy implementation.
                    Finally, it is important to recognize that this
               Strategy for pesticides in ground water reflects the
               Agency's broad policy directions as expressed by
               the Agency's Ground-Water Protection Principles.
               Among other things, these Principles establish the
overall goal as the prevention of adverse effects to human health or the
environment, focus prevention efforts on  current  or reasonably
expected sources of drinking water, support a comprehensive ap-
proach to protection  of ground-water resources, and envision a
federal-state partnership approach to the as ses sment and management
of unreasonable risks posed by contamination,of ground water.

     Moreover, concern  for the protection of ground water is not
limited to EPA policy alone.  The Administration as a whole is
committed to addressing water quality issues, as reflected in the
President's Water Quality Initiative. Thus, the Agency's Pesticides
and Ground-Water Strategy is part of a larger movement or evolution
of policies to protect the Nation's ground-water resources, and to do
so in a comprehensive manner through cooperative efforts and sharing
of responsibilities among federal, state and local governments, as well
as the private sector. It is EPA's belief that the experience gained by
federal and state agencies and other parties who participate in the
development and implementation of this Pesticides and Ground-
Water Strategy, will also be a positive contribution to the further
development of federal-state cooperative programs for comprehen-
sive ground-water protection efforts.
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