PMPs Prepare for EPA’s Potential Reclassification of Rodenticides

WASHINGTON - In the coming months, a major regulatory change could disrupt the way your pest control company performs rodent control.

At issue is the U.S. Environmental Protection Agency’s ongoing re-evaluation of 11 rodenticide active ingredients. In a Proposed Interim Decision (PID) released in November 2022, the agency announced its intention to reclassify rodenticides as restricted use pesticides (RUPs). 

In addition, some uses of rodenticide would require additional personal protective equipment (PPE) for applicators and the search and retrieval of rodent carcasses to prevent the secondary poisoning of non-target species, such as coyotes, mountain lions and birds of prey.

The proposed changes generated 22,000 stakeholder comments during a public discussion period that ended February 13, 2023. To thoroughly review these comments, EPA has delayed making its Interim Decision on rodenticides until July 2024 at the earliest. 

Pest management professionals are preparing now for potential impacts, including.

ADDING MORE CERTIFIED APPLICATORS. Many companies have technicians who currently work under the certified applicator license of an owner, supervisor or branch manager.  If rodenticides become RUPs, these technicians must either become certified applicators, themselves, or, in some states, work under a certified applicator’s direct supervision. 

The definition of direct supervision varies widely by state. Some states merely require the certified applicator to be available to technicians by phone. Others require a certified applicator to be physically present on site and have eyes and ears on the technician who is applying the RUP.

Getting employees certified to apply RUPs won’t be easy. State agencies that provide testing already face certification back-logs and staffing shortages. “There’s going to be a varying capacity for testing in each state,” said Allison Cuellar, who participated in a panel discussion at PestWorld in October. Cuellar is coordinator for the Structural Pest Control Service at the Texas Department of Agriculture and president of the Association of Structural Pest Control Regulatory Officials (ASPCRO).

Even answering questions from stakeholders about the change will be difficult with limited staff. “The influx of calls is going to be impactful,” said Cuellar.

And some states require technicians to have a minimum amount of experience to even qualify to take the certified applicator exam. Massachusetts, for example, requires at least two years of relevant experience; New York state requires up to three years, depending on the applicant.

OPERTIONAL ADJUSTMENTS. Even certified applicators will be impacted as the use of RUP rodenticides requires additional documentation. Filling out this paperwork and submitting it to a state’s lead regulatory agency it time-consuming and burdensome.

Companies also would need to document the direct supervision of technicians and rodent carcass removal activities.

On the PPE front, EPA would require applicators to wear thicker, chemical-resistant gloves, as well as half-face elastomeric respirators when they apply loose rodenticide formulations like meal and pellet baits. Many PMPs believe this respirator requirement is overreaching and unnecessary, and especially taxing for applicators who work in extreme heat.

BUSINESS CHANGES. Companies would likely need to charge clients more for rodent management due to the additional time and cost incurred for documentation; supervising, training and certifying technicians; and retrieving carcasses, which would be mandatory for pest control companies that manage field rodents and apply rodenticides at non-structural sites. 

Carcass removal could involve multiple site visits. EPA has not clarified whether employees doing this work would need to be certified applicators, or how companies would balance the obligation of searching for carcasses with trespassing on neighboring private property. 

For structural pest control, carcass search and retrieval would be advisory. However, the EPA PID does not define what structural pest control means. Does it mean only when rodenticide is used inside a structure, or does it also include protecting the structure’s exterior perimeter? Some clients, like pharmacy and food plants, may not allow the application of RUPs in their facilities. This would necessitate the use of mechanical traps, which are more labor intensive.

If rodenticides become restricted use pesticides, consumers would no longer be able to buy rodenticides over the counter (OTC). Some pest management professionals (PMPs) believe this would be good for business. “Although we frequently hear from PMPs that they think this will mean more business for them, not everyone is able to afford professional rodent control services, and many people do not live within areas that have a company servicing them,” said Katie Swift, senior manager of governmental affairs at Liphatech and chair of the Rodenticide Task Force.

And not all pest control companies would benefit greatly should rodenticides become RUPs. Those without enough certified applicators on staff would be limited to the number of rodenticide applications they could perform. 

WHAT’S NEXT? In discussions with EPA this past summer, NPMA maintained its assertion that RUP classification of rodenticides is “unwarranted due to a lack of supporting evidence in EPA’s risk assessment and proposed interim decisions,” said J.D. Darr, NPMA director of regulatory and legislative affairs.

The association also suggested “ways to incorporate language that would still allow technicians to apply rodenticides without being a certified applicator in those states that have a requirement of direct supervision being onsite and/or within earshot,” he said.

The proposed rodenticide label changes are a result of EPA’s scheduled review of rodenticide products. The agency re-evaluates registered pesticides at least every 15 years to ensure they can carry out their intended function without adversely effecting human health and the environment. The registration review of rodenticides was initiated by EPA in 2016.

PMPs should not take a wait-and-see approach to EPA’s pending Interim Decision. To prepare for pending RUP classification, NPMA is equipping allied state associations with tools to proactively engage with lead agencies and legislatures. The Rodenticide Task Force is working with technical experts, pesticide educators and the states to develop science-based educational materials on rodenticide use. It also created a training video that promotes rodenticide stewardship.