2209 REDUCED RISK PESTICIDES AND METHODS OF PEST CONTROL

2209.1 The following pesticides are identified by the Department of the Environment as reduced-risk:

(a) Products classified by the United States Environmental Protection Agency ("U.S. EPA") as exempt from regulation under section 25(b) of the Federal Insecticide, Fungicide and Rodenticide Act, approved October 21, 1972 (86 Stat. 997; 7 U.S.C. § 136w(b)), when used according to District-approved label instructions, because the products meet all of the criteria set forth in 40 C.F.R. § 152.25, contain only the active ingredients listed in 40 C.F.R. § 152.25(f)(1) (2008, or as amended), and include only the inert ingredients described in 40 C.F.R. § 152.25(f)(2) and listed in the most current List 4A (4A Inerts List), which may be found at http://www.epa.gov/opprd001/inerts/inerts-list4Acas.pdf;

(b) Biopesticide active ingredients in products registered by U.S. EPA, which ingredients are set forth at http://www.epa.gov/oppbppdl/biopesticides/ingredients/index.htm, including registered components of plant-incorporated protectants ("PIPs"), which components are set forth at http://www.epa.gov/oppbpppl/biopesticides/pips/pip-list.htm, when used according to U.S.EPA-approved label directions;

(c) The following compounds, when used according to U.S. EPA label directions: boric acid, disodium octaborate tetrahydrate, silica gels, or diatomaceous earth; and

(d) Non-volatile pesticides in tamper resistant containers.

2209.2 The following methods for applying pesticides, when the pesticides are used according to U.S. EPA-approved label directions, are identified by the Department of the Environment as reduced-risk:

(a) Pesticides used for the purpose of rodent control that are placed directly into rodent burrows or placed in areas inaccessible to children or pets; and

(b) Pesticides in the form of a non-liquid gel used for the purpose of insect control that are placed in areas inaccessible to children or pets.

SOURCE: As amended by Final Rulemaking published at 55 DCR 9839 (September 19, 2008).