Okla. Admin. Code § 35:30-17-28

Current through Vol. 42, No. 1, September 16, 2024

Section 35:30-17-28 - [Effective 8/11/2024] Soil residue levels, parts per million (ppm)

(a) Post construction termiticide treatments with sampling performed within 180 days of treatment shall disclose residue threshold levels established in the vertical barrier for termiticides based on values obtained from research conducted at the U.S. Forest Research Center, Gulfport, Mississippi; Kard et al. 1989; Kard 1991, 1992, 1994, The Bayer Company, Agricultural Division, and the Board may establish interim residue levels for termiticide products for which no lowest expected threshold value exists utilizing input from Oklahoma State University, manufacturers, or industry until a value has been established.

(1) Torpedo and other 25.6 % Permethrin products shall have a residue threshold level of 63 ppm.

(2) Tribute and other 24.5 % Esfenvalerate products shall have a residue threshold level of 150 ppm.

(3) Prevail FT and other 24.8% Cypermethrin products shall have a residue threshold level of 46 ppm.

(4) Demon TC and other 25.3% Cypermethrin products shall have a residue threshold level of 28 ppm.

(5) Dragnet FT and other 36.8% Permethrin products shall have a residue threshold level of 85 ppm.

(6) Premise and other Imidacloprid products shall have a residue threshold level of 10 ppm.

(7) Termidor WG, Termidor SC and other Fipronil products shall have a residue threshold level of 12 ppm.

(8) Cypermethrin G-Pro, EPA Reg. No. 79676-1, and other 24.8% Cypermethrin products shall have a residue threshold level of 46 ppm.

(9) Permethrin TC, EPA Reg. No. 51036-287, Permethrin Pro, EPA Reg. No. 1021-1836, and other 36.8% Permethrin products shall have a residue threshold level of 85 ppm.

(10) Demon Max Insecticide, EPA Reg. No. 100-1218, and other 25.3% Cypermethrin products shall have a residue threshold level of 28 ppm.

(11) Talstar One Multi-Insecticide, EPA Reg. No. 279-3206, and other 7.9% Bifenthrin products shall have a residue threshold level of 11 ppm.

(12) Biflex SFR Termiticide/Insecticide, EPA Reg. No. 279-3177, and other 23.4% Bifenthrin products shall have a residue threshold level of 11 ppm.

(b) Pre-construction termiticide treatments (pre-treats) with sampling performed within 30 days or 180 days of treatment shall disclose residue threshold levels established in the vertical barrier for termiticides based on values obtained from research conducted at the U.S. Forest Research Center, Gulfport, Mississippi; Kard et al. 1989; Kard 1991, 1992, 1994, The Bayer Company, Agricultural Division, and the Board may establish interim residue levels for termiticide products for which no lowest expected threshold value exists utilizing input from Oklahoma State University, manufacturers, or industry until a value has been established.

(1) Torpedo and other 25.6 % Permethrin products:

(A) Shall have a residue threshold level within 30 days of treatment of 90 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 63 ppm.

(2) Tribute and other 24.5 % Esfenvalerate products:

(A) Shall have a residue threshold level within 30 days of treatment of 204 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 150 ppm.

(3) Prevail FT and other 24.8% Cypermethrin products:

(A) Shall have a residue threshold level within 30 days of treatment of 64 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 46 ppm.

(4) Demon TC and other 25.3% Cypermethrin products:

(A) Shall have a residue threshold level within 30 days of treatment of 41 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 28 ppm.

(5) Dragnet FT and other 36.8% Permethrin products:

(A) Shall have a residue threshold level within 30 days of treatment of 97 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 85 ppm.

(6) Premise and other Imidacloprid products:

(A) Shall have a residue threshold level within 30 days of treatment of 10 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 10 ppm.

(7) Termidor WG, Termidor SC and other Fipronil products:

(A) Shall have a residue threshold level within 30 days of treatment of 12 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 12 ppm.

(8) Cypermethrin G-Pro, EPA Reg. No. 79676-1, and other 24.8% Cypermethrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 64 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 46 ppm.

(9) Permethrin TC, EPA Reg. No. 51036-287, Permethrin Pro, EPA Reg. No. 1021-1836, and other 36.8% Permethrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 97 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 85 ppm.

(10) Demon Max Insecticide, EPA Reg. No. 100-1218, and other 25.3% Cypermethrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 41 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 28 ppm.

(11) TalstarOne Multi-Insecticide, EPA Reg. No. 279-3206, and other 7.9% Bifenthrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 11 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 11 ppm.

(12) Biflex SFR Termiticide/Insecticide, EPA Reg. No. 279-3177, and other 23.4% Bifenthrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 11 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 11 ppm.

(c) Pre-construction termiticide treatments (pre-treats) with sampling performed within 30 days or 180 days of treatment shall disclose residue threshold levels established in the horizontal barriers for termiticides based on values obtained from research conducted at the U.S. Forest Research Center, Gulfport, Mississippi; Kard et al. 1989; Kard 1991, 1992, 1994, The Bayer Company, Agricultural Division, and the Board may establish interim residue levels for termiticide products for which no lowest expected threshold value exists utilizing input from Oklahoma State University, manufacturers, or industry until a value has been established.

(1) Torpedo and other 25.6 % Permethrin products:

(A) Shall have a residue threshold level within 30 days of treatment of 68 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 47 ppm.

(2) Tribute and other 24.5 % Esfenvalerate products:

(A) Shall have a residue threshold level within 30 days of treatment of 153 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 113 ppm.

(3) Prevail FT and other 24.8% Cypermethrin products:

(A) Shall have a residue threshold level within 30 days of treatment of 48 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 35 ppm.

(4) Demon TC and other 25.3% Cypermethrin products:

(A) Shall have a residue threshold level within 30 days of treatment of 31 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 21 ppm.

(5) Dragnet FT and other 36.8% Permethrin products:

(A) Shall have a residue threshold level within 30 days of treatment of 73 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 64 ppm.

(6) Premise and other Imidacloprid products:

(A) Shall have a residue threshold level within 30 days of treatment of 5 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 5 ppm.

(7) Termidor WG, Termidor SC and other Fipronil products:

(A) Shall have a residue threshold level within 30 days of treatment of 9 ppm.

(B) Shall have a residue threshold level after 30 days and within 180 days of treatment of 9 ppm.

(8) Cypermethrin G-Pro, EPA Reg. No. 79676-1, and other 24.8% Cypermethrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 48 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 35 ppm.

(9) Permethrin TC, EPA Reg. No. 51036-287, and Permethrin Pro, EPA Reg. No. 1021-1836, and other 36.8% Permethrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 73 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 64 ppm.

(10) Demon Max Insecticide, EPA Reg. No. 100-1218, and other 25.3% Cypermethrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 31 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 21 ppm.

(11) TalstarOne Multi-Insecticide, EPA Reg. No. 279-3206, and other 7.9% Bifenthrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 11 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 11 ppm.

(12) Biflex SFR Termiticide/Insecticide, EPA Reg. No. 279-3177, and other 23.4% Bifenthrin products:

(A) Shall have a residue threshold level within thirty (30) days of treatment of 11 ppm.

(B) Shall have a residue threshold level after thirty (30) days and within one hundred eighty (180) days of treatment of 11 ppm.

(d) Any distributor product, as defined by 40 C.F.R. § 152.132, or any product with an alternate brand name and identical registration number shall be subject to the residue threshold levels for the related primary registration or brand name contained in this section.

(e) Any product not listed in this section shall have the residue threshold levels as established either through independent research projects accepted by the Department or through accepted documentation provided to the Department by the manufacturer.

(1) Any residue threshold levels established pursuant to this subsection shall be communicated to the public through the Department's website.

(2) The Department shall maintain a list of all records, studies, and correspondence utilized to establish residue threshold levels pursuant to this subsection.

Okla. Admin. Code § 35:30-17-28

Added at 17 Ok Reg 1018, eff 5-11-00; Amended at 17 Ok Reg 3567, eff 9-7-00 (emergency); Amended at 18 Ok Reg 1444, eff 5-25-01; Amended at 23 Ok Reg 2168, eff 6-25-06

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024