W. Va. Code R. § 61-12J-7

Current through Register Vol. XLI, No. 14, April 5, 2024

Section 61-12J-7 - Use of the Least Hazardous Materials - Re-entry Intervals

7.1. In an integrated pest management program, persons responsible for pest management shall evaluate all possible control options. Control options range from non-chemical methods to least hazardous pesticides to pesticides with a higher degree of risk to human health. In keeping with the legislative mandate for integrated pest management, the licensed pesticide applicator shall, after monitoring for pest infestations, proceed in controlling pests using the least hazardous method that is both practical and effective as outlined in this section.

7.1.a. Level 1 -- Non-chemical Control Methods.

7.1.a.1. Pest-preventive measures should be incorporated into existing structures. These preventive measures reduce the need for pesticide applications, and include sanitation, such structural repairs as sealing cracks, and such physical and mechanical controls as screens, traps, and air doors. A school, child care center or family child care facility shall consult the West Virginia Department of Agriculture's best management practices document "Integrated Pest Management in Schools and Other Public Institutions, Best Management Practices" for integrated pest management strategies for specific sites. Every facility will experience slightly different combinations of pests.

7.1.b. Level 2 -- Least Hazardous Materials.

7.1.b.1. If non-chemical pest management methods alone are ineffective or impractical, it may be necessary for a school, child care center or family child care facility to incorporate a pesticide into the integrated pest management program. Although all pesticides are inherently toxic, there are a number of pesticide materials that are determined to be of low impact to occupants because of their organic or biological nature, low toxicity, relative non-volatility, and/or low or non-existent exposure to the occupants due to the manner in which they are applied as baits, gels or dusts into cracks and crevices or wall voids.

7.1.b.2. The least hazardous pesticides are those with a Caution signal word (EPA toxicity categories III and IV) including dusts -- pyrethrin and pyrethroid, boric acid, disodium octaborate tetrahydrate, silica gel, and diatomaceous earth; insecticidal soaps; insect growth regulators; biological control agents -- fungi, bacteria, nematodes; or materials formulated as baits in tamper-resistant containers or for crack and crevice or void placement only.

7.1.b.3. There is no re-entry interval for these products due to their level of safety.

7.1.c. Level 3 -- Crack and Crevice and Spot Treatments.

7.1.c.1. Schools, child care centers or family child care facilities shall apply products with an EPA Caution signal word but not listed under Level 2 as crack and crevice or spot treatments.

7.1.c.2. Products applied by these methods provide for reduced, minimal use of liquid materials that may present some, but limited volatility of the pesticide applied. Exposure to occupants is minimal.

7.1.c.3. The re-entry interval for which students and employees shall remain out of the treated area of the facility after the conclusion of treatment is four hours or the time period specified on the pesticide label as registered by the United States Environmental Protection Agency, which ever is greater.

7.1.d. Level 4 -- Broadcast Applications and Space Treatments.

7.1.d.1. Products with a Caution signal word applied by broadcast application or as a space treatment or products with a Warning or Danger signal word applied by any application method.

7.1.d.2. Products applied by these methods create the greatest opportunities for exposure at the time of application due to drift or volatility. However products applied as fogging agents are usually of low mammalian toxicity and pose little exposure after label re-entry times specified by the United States Environmental Protection Agency.

7.1.d.3. The re-entry interval for which students and employees are to remain out of the treated area of the facility after the conclusion of treatment is eight hours or the period specified on the label of the pesticide product as registered by the United States Environmental Protection Agency, which ever is greater, except when the air in the treated area can be purged by the heating, cooling and ventilation system, the period of reentry shall be 4 hours or the period specified on the label of the pesticide product as registered by the United States Environmental Protection Agency, which ever is greater.

W. Va. Code R. § 61-12J-7