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HomeMy WebLinkAbout2021-03-08-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday March 8, 2021 -1:30 PM Webex 1. Call to Order 2. QUADCO TAP Grant with the City of Ellensburg 3. Infrastructure for Rebuilding America Grants (INFRA) Notice of Funding Opportunity 4. Thompson Park Milfoil Treatment Donation 5. Other business 6. Adjourn Created on 3/5/2021 8:06:34 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES Webex Regular Meeting MONDAY 1:30 PM MARCH 8, 2021 Board members present: Chairman Brett Wachsmith, Vice -Chairman Laura Osiadacz and Commissioner Cory Wright Others: Mark Cook, Candie Leader, Josh Fredrickson, Rebecca Cruse, Nicole Ogan, Public Works; Dan Carlson, Jessica Miller, Mike Flory, Pat Nicholson, Ryan McAllister, Community Development Services; Neil Caulkins, Prosecuting Attorney's Office; Marc Eylar, Noxious Weed and One (1) Member of the Public At 1:30 pm Chairman Brett Wachsmith opened the Public Works Study Session. QUADCO TAP GRANT WITH THE CITY OF ELLENSBURG Mark Cook gave background on the grant program through QUADCO and last week staff had a meeting with the City of Ellensburg regarding a project for a new pedestrian connection on Pfenning Road and Third Avenue. Mark Cook continued that the City of Ellensburg asked if the County would be interested in partnering on the grant application and a twenty (20) percent match would be used. Mark Cook added that the City of Ellensburg and the County would each be responsible for ten (10) percent and county staff would provide the survey. Discussion was held. Staff was directed to move forward with the grant application with the City of Ellensburg. INFRASTRUCTURE FOR REBUILDING AMERICA GRANTS (INFRA) NOTICE OF FUNDING OPPORTUNITY Mark Cook gave background on the grant program and stated that staff did research on doing a design application for the I-90 widening project however, the application would be secondary to any projects that are construction ready. Mark Cook continued that the grant application would have to be done by the middle of March and it doesn't seem feasible to get an application done by that timeline. Mark Cook added that the Washington State Department of Transportation did request a letter of support for the re -decking of the bridge over the Columbia River and that has been sent over for BOCC review and consideration. Discussion was held. No direction was given. 2021-03-08 MINUTES THOMPSON PARK MILFOIL TREATMENT DONATION Mark Cook gave background on Thompson Park and the renaming to honor Sheriff Deputy Ryan Thompson along with other improvements to the park by the county road crew and milfoil treatment. Mark Cook stated that Marc Eylar with Noxious Weed contacted him about the donation of herbicide to control the milfoil infestation that does not affect the wildlife. Mark Cook added that Noxious Weed would donate staff time to apply the herbicide and no fiscal impacts are expected. Marc Eylar commented that the owner of the vegetation company contacted him after seeing the article in the newspaper for the renaming of the park and wanted to get involved. Marc Eylar added that he is licensed to apply the herbicide as well. Staff was directed to move forward with the application. OTHER BUSINESS: There was no other business for discussion. Meeting adjourned at 1:45 pm. k; _ Candie Leader 2021-03-08 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: March 8, 2021 TOPIC: QUADCO TAP Grant with the City of Ellensburg ACTION REQUESTED: Support Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Support staff making a joint TAP Grant application with the City of Ellensburg. BRIEFING SUMMARY: • The City of Ellensburg desires applying to QUADCO for a Transportation Alternative Program (TAP) grant. • The City proposes a new pedestrian connection along the West side of Pfenning Road connecting Palouse to Cascade Trail to the existing multi -use pathway on 3rd Avenue. • The trail will require a pedestrian bridge spanning Town Ditch. • School District support is anticipated, and the route provides a connection for Valley View Elementary School, Ellensburg High School, and Grasslands to the Palouse to Cascade trail. BACKGROUND: QUADCO recently issued a call for projects using Surface Transportation Block Grant Transportation Alternatives Program set aside funding. The City of Ellensburg has the connection from 3`d Avenue to Vantage Highway identified in its Active Transportation Plan. The project area is fully contained in the City's growth management area as managed by the County. DISCUSSION: Staff proposes a joint application with the City designing and constructing the pedestrian connection from Yd Avenue to Vantage Highway. Public Works (PW) proposes providing survey for the project with cash match from the Road Fund "Paths and Trails" budget line item. Currently, the funding ask appears to be in the $400,000 dollar range with a preferred twenty percent match of $80,000 (along with in kind credit for survey and design). The project is expected to benefit the school district and Grasslands residents. Pagel of 3 Public Works "Work Session Staff Report", 2021 FISCAL IMPACTS: $40,000 in cash match from the Road Fund (Paths and Trails) along with survey costs. The survey costs are covered by annual program budgets. ATTACHMENTS: Exhibit 1: City of Ellensburg exert from "Active Transportation Plan" Page 2 of 3 Public Works "Work Session Staff Report", 2021 EXHIBIT 1: EXERT FROM CITY OF ELLENSBURG ACTIVE TRANSPORTATION PLAN Page 3 of 3 Public Works "Work Session Staff Report", 2021 n V Q D 0 m O m d V m M n m c O. w� y M ^ om — O v°i " O 0� S O 111 a d N,= 0 = d L" a m o 301 s G aoq �. J 1 a J d N Nd. p S S D M a= = PSI G �d Gn n W ao O ol— Ju� M A �. K A Ci d MM J — J M M O S J d J O C 1p N d O d Qp C J J D O d_ J 0 o a w o d C lJi 0 J uCi d O 0 0. n m u, o a J C I a S a a o c n T of 1n d m pa COC p J , - m °<< `° I I1 0, S N 0 Kd O C 9 N 0 X@ S S J NM (1 m'm W,J» -aJa '2 V O 0 RI J a C a d M ry N N N �9 � J N in >• `G Q d O O o o a m C c J Q N N O WP3 !6 w a n T d �• £ M .< ui O' n S N N m J- �{ '"o N dna.. of°a d'A M d s A 0,7 n O�Cnv 0 ^ N O J J S O —K N J. N pp vt pan O 9 a sm �2> > DODO o am as mm�'�} A d a C d 3 N 3• d W O y O G bl y� ei— �^ O d'� C J O d O (WC ry N O, N, V O O 0 T n O 'N� d �• £ < J J o � 3 D° c a d vt• a m 0 ^ d m 3 a Qy u� >• n n= a ,n w r n N C 3 >>> p y '30 Jm e m £ anm o-X'0a Gia; g x.a woa o d Sr LT au"1�d £ LA. da 00 = d� N J� am assn � J K W IN KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: March 8, 2021 TOPIC: Infrastructure for Rebuilding America Grants (INFRA) Notice of Funding Opportunity (NOFO) ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Do not prepare an application in response to U.S. Department of Transportation's Notice of Funding Opportunity for the Department of Transportation's Infrastructure For Rebuilding America (INFRA) Program for Fiscal Year 2021 BRIEFING SUMMARY: • Infrastructure for Rebuilding America Grants (INFRA) are currently being solicited. • Small projects are minimum $5 million. • Large projects are over $25 million and not exceeding $100 million. • Projects require forty (40) percent funding match by non-federal funds. • Recent cost data from Washington State Department of Transportation indicates $54,000,000 per mile for I-90 (Keechelus Dam to Stampede Pass) and $53,250,000 per mile Stampede Pass to Easton. • Large projects must demonstrate technical feasibility and preliminary design as well as additional environmental permitting and reviews in place. • A benefit cost analysis (BCA) should be provided to determine cost effectiveness. BACKGROUND: The current notice of funding for INFRA grants does not preclude planning projects but does notice a preference for construction projects. If we assume fifteen (15) percent of project costs towards engineering (industry standard), then the thirteen (13) miles from Easton to Cle Elum is expected to cost in the range of $105 million to design. DISCUSSION: The amount needed to design the next phase of I-90 will likely exceed the large project funding cutoff for INFRA (over $100 million). Large project applications presume preliminary engineering, environmental impact assessments and permitting, and state and local plan review is complete. The required grant match for $105,000,000 in engineering Page 1 of 3 Public Works "Work Session Staff Report", 2021 costs equates to $42,000,000 in required matching funds. The timeline for grant submittal is tight (March 19, 2021). A summary of the INFRA funding notice prepared by The Ferguson Group is attached (EXHIBIT 1) for Board review. FISCAL IMPACTS: INFRA Grant cost match is not defined but is required at 40%. ATTACHMENTS: Exhibit 1: INFRA Funding Summary from the Ferguson Group Page 2 of 3 Public Works "Work Session Staff Report", 2021 EXHIBIT 1: INFRA FUNDING SUMMARY FROM THE FERGUSON GROUP Page 3 of 3 Public Works "Work Session Staff Report", 2021 FEDERAL GRANT PROFILE Department: U.S. Department of Transportation Agency: Office of the Secretary of Transportation FY 2021 Nationally Significant Freight and Highway Projects: Infrastructure for Rebuilding America (INFRA) Grants Grant Overview The INFRA program provides federal financial assistance to fund transportation projects of national and regional significance that are in line with the Biden Administration's principles for national infrastructure projects that result in good -paying jobs, improve safety, apply transformative technology, and explicitly address climate change and racial equity. Eligible applicants are states, metropolitan planning organizations (MPOs), local governments, special purpose districts and public authorities with transportation function, Federal land management agencies, tribal governments, and multistate or multijurisdictional groups of public entities. Program History 2020 $906 million 20 2019 $856 million 20 Key Information Total Funding: $889 million Minimum Grant Award: $5 million rural, $25 million urban Match: 40 percent Solicitation date: February 17, 2021 Proposal due: March 19, 2021 https://www.transportation.gov/buildamerica/financing/infra- grants/infrastructure-rebuild ing-america Oi LRgM1, Z �'°rArEs of �i Awardee Profile Mississippi Department of Transportation AMOUNT: $71.4 million YEAR: 2020 The Mississippi Department of Transportation received funding to complete the construction of the 15.6 - mile Greenville Bypass, which will carry US 82 from near the Greenville Bridge over the Mississippi River to Leland, east of Greenville. of ReLuilding Anlellcn (INFRA) 6rantz ® 2 Department: U.S. Department of Transportation Agency: Office of the Secretary of Transportation FY 2021 Nationally Significant Freight and Highway Projects: Infrastructure for Rebuilding America (INFRA) Grants Detailed Summary The INFRA program provides federal financial assistance to highway and freight projects of national or regional significance. Transportation infrastructure projects should support six key objectives: • Supporting Economic Vitality: projects that move goods the American economy produces and facilitate the movement of the workers who are responsible for that production. Projects that use project labor agreements and deploy local hiring provisions also contribute to economic vitality. • Climate Change and Environmental Justice Impacts (newt: projects that have considered climate change and environmental justice in the planning stage and were designed with specific elements to address climate change impacts. Projects should directly support Climate Action Plans or apply environmental justice screening tools in the planning stage. Projects should include components that reduce emissions, promote energy efficiency, incorporate electrification or zero emission vehicle infrastructure, increase resiliency, and recycle or redevelop existing infrastructure. • Racial Equality and Barriers to opportunity (new): projects that encourage racial equity in two areas: (1) planning and policies related to racial equity and barriers to opportunity; and (2) project investments that either proactively address racial equity and barriers to opportunity, including automobile dependence as a form of barrier, or redress prior inequities and barriers to opportunity. • Leveraging of Federal Funding: projects that seek to maximize all available federal and non-federal funding for investment in infrastructure. • Innovation: transformative projects that encourage innovation in three areas: (1) the deployment of innovative technology and expanded access to broadband; (2) use of innovative permitting, contracting, and other project delivery practices; and (3) innovative financing. Projects should support the integration of new technology and practices and demonstrate how those technologies and practices will contribute to the goals of the program. • Performance and Accountability: projects that increase project sponsor accountability and performance and provide plans to address the full lifecycle costs of their project. Eligible projects include: • Highway freight projects carried out on the National Highway Freight Network • Highway or bridge projects carried out on the National Highway System (NHS), including projects that add capacity on the Interstate System to improve mobility or projects in a national scenic area • Railway -highway grade crossing or grade separation projects • Freight projects that are 1) an intermodal or rail project, or 2) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility. to I r,It t Lich i rr Ioi Rebuilding Anieilra (INFRA) Grails fig. INFRA grants may be used for the construction, reconstruction, rehabilitation, acquisition of property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, equipment acquisition, and operational improvements directly related to system performance. Statutorily, INFRA grants may also fund development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering, design, and other preconstruction activities, provided the project meets statutory requirements. However, DOT is seeking to use INFRA funding on projects that result in construction, meaning development phase activities are less competitive by nature of the evaluation structure. New to the program, is the INFRA Extra Initiative. Projects for which an INFRA application is advanced by the Senior Review Team on the List of Projects for Consideration, but that are not awarded, are automatically designated INFRA Extra Projects, unless the DOT determines that they are not reasonably likely to satisfy the Transportation Infrastructure Finance and Innovation Act (TIFIA) project type eligibilities. This is a novel designation that provides the sponsors of these projects the opportunity to apply for TIFIA credit assistance for up to 49% of eligible project costs. Under current policy, TIFIA credit assistance is limited to 33% of eligible project costs unless the applicant provides strong rationale for requiring additional assistance. Projects designated as INFRA Extra Projects will be announced by the Secretary after INFRA award announcements are made. An INFRA Extra Project designation does not guarantee that an applicant will receive TIFIA credit assistance nor does it guarantee that any award of TIFIA credit assistance will be equal to 49% of eligible project costs. Applicant Eligibility Eligible applicants for INFRA grants include: • A state or group of states • A metropolitan planning organization that serves an Urbanized Area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals • A unit of local government or group of local governments • A political subdivision of a state or local government • A special purpose district or public authority with a transportation function, including a port authority • A federal land management agency that applies jointly with a state or group of states • A tribal government or a consortium of tribal governments • A multi -State or multijurisdictional group of public entities Under the INFRA Program, DOT has defined "urban" as inside an Urbanized Area, as a designated by the U.S. Census Bureau, with a population of 200,000 or more. Click here for a list of Urbanized Areas that are considered urban for the purposes of the INFRA grant program. The Department will consider a project to be in a rural area if the majority of the project (determined by geographic location(s) where the majority of the money is to be spent) is located in a rural area. Funding In FY 2021, $889 million is available for awards. In addition to the FY 2021 INFRA funds, amounts from prior year authorizations, presently estimated at up to $150 million, may be made available and awarded under this solicitation. INFRA funds must be obligated by September 30, 2024. I ntrastructure for Rebuilding America (INFRA) bi iit, Approximately, 10 percent of available funds are reserved for small projects, and 90 percent of funds are reserved for large projects. To qualify as a large project, the minimum grant request must be at least $25 million and the minimum project size must be the lesser of $100 million; 30 percent of a State's FY 2020 Federal -aid apportionment if the project is located in one State; or 50 percent of the larger participating State's FY 2020 apportionment for projects located in more than one State. For a small project, including both construction awards and project development awards, the grant must be at least $5 million. Previously incurred costs will be counted toward the minimum project size requirement only if they were eligible project costs and were expended as part of the project for which the applicant seeks funds. INFRA grants may be used for up to 60 percent of future eligible project costs. Other Federal assistance may satisfy the non -Federal share requirement for an INFRA grant, but total Federal assistance for a project receiving an INFRA grant may not exceed 80 percent of future eligible project costs. Non -Federal sources include State funds originating from programs funded by State revenue, local funds originating from State or local revenue -funded programs, private funds or otherfunding sources of non -Federal origins. DOT is seeking applications for projects that exceed the minimum non -Federal cost share requirement. Contact Information Paul Baumer (202)366-1092 paul.baumer@dot.gov httos://www.transi)ortati on.gov/bu i Id america/financi n¢/infra-grants/i nfrastructure-rebuilding-america nfI�1(1Llr tui t foi Re hi d ldint, Anieii ro(INF RA) Gra, its ® 5 INFRA Application Criteria The Department of Transportation recommends that the maximum 25 -page narrative follow the below outline to ensure all program requirements are addressed. Project Description This section of the application is used to provide a concise description of the project, the transportation challenges that it is intended to address, and how the project will address those challenges. This section should discuss the project's history, including information on investments made to date advancing the project. Project Location This section of the application should describe the project location, including a detailed geographical description of the proposed project, a map of the project's location, and description of connections to existing transportation infrastructure. Be sure to discuss area demographics, whether the project is urban or rural, and document whether the project is in a Federally designated community development zone, such as a qualified opportunity zone, empowerment zone, promise zone, or choice neighborhood. A project located in a Federally designated community development zone is more competitive than a similar project that is not located in a Federally designated community development zone. Project Parties This section of the application should list all project parties, including details about the proposed grant recipient and other public and private parties who are involved in delivering the project. Applicants should clearly articulate roles and responsibilities of each entity identified in this section. Grant Funds, Sources and Uses of all Project Funds This section of the application should describe the budget for the INFRA project. Be sure to clearly identify previously incurred expenses and future eligible costs separately. Additionally, document the sources and uses of all funds associated with the project, including a line -item budget with contingency. This will assist DOT reviewers assess that the project costs are reasonable. Merit Criteria Criterion #1: Support for National or Regional Economic Vitality This section of the application is largely supported by the Benefit Cost Analysis (BCA) findings to document the economic impact the project will have. Other factors important to economic vitality, including how a project contributes to the creation of jobs with a choice to join a union, support for American industry through compliance with domestic preference laws, the use of project labor agreements, and local hiring requirements, will be considered in other ways. DOT will rely on quantitative, data -supported analysis to assess how well a project addresses this criterion. .,1 11 i Ni ® 6 Criterion #2: Climate Change and Environmental Justice Impacts (new) This section of the application should demonstrate whether the project has incorporated climate change and environmental justice in terms of a) planning and policy or b) design components with outcomes that address climate change. To address the planning and policies element of this criterion, the application should describe what specific climate change or environmental justice activities have been completed for this project. The application should state whether a project is incorporated in a climate action plan, whether an equitable development plan has been prepared, and whether tools such as EPA's EJSCREEN have been applied in project planning. To address the design components element of this criterion, the application should describe specific and direct ways that the project will mitigate or reduce climate change impacts. This may include a description of how the project encourages modal shift, temporal changes in asset utilization to reduce congestion, or incorporates multimodal infrastructure to reduce vehicle miles traveled, other ways that the project reduces emissions or uses technology to increase energy efficiency, incorporates resiliency measures for disaster preparedness, or recycles and enhances existing idle or dilapidated infrastructure. Criterion #3: Racial Equity and Barriers to Opportunity (new) The Department seeks to use the INFRA program to encourage racial equity in two areas: (1) planning and policies related to racial equity and barriers to opportunity; and (2) project investments that either proactively address racial equity and barriers to opportunity, including automobile dependence as a form of barrier, or redress prior inequities and barriers to opportunity. Criterion #4: Leveraging of Federal Funding This criterion will be evaluated in tandem with information provided in the Grant Funds, Sources and Uses section of the application. Clearly articulate where the required cost share is coming from and what federal funds outside of INFRA have been invested in the project to date. Provide evidence that matching funds are stable, dependable and will be available should the project be awarded. Criterion #6: Potential for Innovation This section of the application should contain sufficient information to evaluate how the project can be transformative in achieving program goals and includes or enables innovation in: (1) the accelerated deployment of innovative technology, including expanded access to broadband; (2) use of innovative permitting, contracting, and other project delivery practices; and (3) innovative financing. If the project does not address a particular innovation area, the application should state this fact. Criterion #6: Performance and Accountability In this section, applicants must describe a credible plan to address the full lifecycle costs associated with the project and implement an accountability measure. A credible plan to address full lifecycle costs should include, at a minimum, (1) an estimate of the lifecycle costs of the project; (2) an identified source of funding that will be sufficient to pay for operation and maintenance of the project; and (3) a description of controls in place to ensure the identified funding will not be diverted away from operation and maintenance. Applicants must meet at least one of three options outlined by DOT: (1) the applicant should state in the application that it agrees to meet a specific construction start and completion date and state those dates in the application; (2) the applicant should propose a specific indicator of project success that will be evident within 12 months of 6)fi aI5 ructwe loi Rebuilding AnmvIC,� (INFRA) Gfoi,ts project completion; or (3) the applicant should show that they will meet a negotiated Community Benefit Agreement or have completed an Equitable Project Assessment and will be monitoring compliance. Project Readiness In this section of the application, DOT will consider project readiness in two ways: to assess the likelihood of successful project delivery and to confirm that a project will satisfy statutory readiness requirements. Applicants must demonstrate there are no significant risks to successful obligation of funding for a project, including risks associated with environmental review, permitting, technical feasibility, funding, and capacity to manage project delivery. Applications which demonstrate mitigated risks will be considered more competitive than a comparable project with unaddressed risks. Technical Feasibility Applicants must demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the INFRA application, including the identification of contingency levels appropriate to its level of design; and any scope, schedule, and budget risk -mitigation measures. Be sure to include a detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed. Project Schedule Provide a detailed project schedule outlining major milestones including state and local planning approvals (inclusion in the STIP), beginning and completing NEPA, design completion, right of way completion, approvals of PS&Es, procurement, and construction. All necessary pre -construction activities must be complete prior to the September 30, 2024 obligation deadline. Required Approvals Environmental Permits and Reviews. The application should demonstrate receipt (or reasonably anticipated receipt) of all environmental approvals and permits necessary for the project to proceed to construction on the timeline specified in the project schedule and necessary to meet the statutory obligation deadline, including satisfaction of all Federal, State and local requirements and completion of the NEPA process. State and Local Approvals. The applicant should demonstrate receipt of State and local approvals on which the project depends, such as State and local environmental and planning approvals and STIP or TIP funding. Additional support from relevant State and local officials is not required; however, an applicant should demonstrate that the project has broad public support. Federal Transportation Requirements Affecting State and Local Planning. Applicants should demonstrate that a project that is required to be included in the relevant State, metropolitan, and local planning documents has been or will be included in such documents. If the project is not included in a relevant planning document at the time the application is submitted, the applicant should submit a statement from the appropriate planning agency that actions are underway to include the project in the relevant planning document. Assessment of Project Risks and Mitigation Strategies Applicants must identify all material risks to the project and the strategies that the lead applicant and any project partners have undertaken or will undertake to mitigate those risks. This includes project risks, such as procurement delays, environmental uncertainties, increases in real estate acquisition costs, uncommitted local match, or lack of legislative approval. Be sure to include how these risks affect the likelihood of successful project start and completion. Applicants are encouraged to contact USDOT modal field or headquarters offices to ensure that their project schedule is reasonable and that there are no risks of delays in satisfying Federal requirements. Large/Small Project Requirements To select a large project for award, the Department must determine that the project—as a whole, as well as each independent component of the project–satisfies several statutory requirements. Applicants should use this section of the application to summarize how their project and, if present, each independent project component, meets each of the following requirements. Applicants are not required to reproduce the table below in their application but following this format will help evaluators identify the relevant information that supports each large project determination. Supporting information provided in appendices may be referenced. Does the project generate national or regional economic, mobility, or safety benefits? Is the project cost effective? Summarize the economic, mobility, and safety benefits of the project and independent project components and describe the scale of their impact in national or regional terms. Refer reviewer to the Economic Vitality criterion. Highlight the results of the benefit cost analysis, as well as the analyses of independent project components if applicable. Refer reviewer to the Economic Vitality criterion. With respect to non -Federal financial commitments, Indicate funding source(s) and amounts that will does the project have one or more stable and account for all project costs. Refer the reviewer dependable funding or financing sources to construct, back to Grant Sources and Use of Funds section. maintain, and operate the project? Are contingency amounts available to cover State the contingency amount available for the unanticipated cost increases? project. Is the project reasonably expected to begin Provide expected obligation date and construction not later than 18 months after the date of construction start date, referencing project obligation of funds for the project? budget and schedule as needed. Intldstl uctuie for Rebuilding Amei ico (INFRA) Gent Is the project based on the results of preliminary engineering? Does the project contribute to one or more of the following goals: • Safety: To achieve a significant reduction in traffic fatalities and serious injuries on all public roads • Infrastructure condition: To maintain the highway infrastructure asset system in a state of good repair. • Congestion reduction: To achieve a significant reduction in congestion on the National Highway System. • System reliability: To improve the efficiency of the surface transportation system. • Freight movement and economic vitality: To improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development. • Environmental sustainability: To enhance the performance of the transportation system while protecting and enhancing the natural environment • Reduced project delivery delays: To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies' work practices. State which of the following activities have been completed: • Environmental Assessment • Topographic Surveys • Metes and Bounds Surveys • Geotechnical Investigation • Hydrologic Analysis • Utility Engineering • Traffic Studies • Financial Plans • Revenue Estimates • Hazardous Materials Assessments • General estimates of the types and qualities of materials Other work needed to establish parameters for the final design Specify the Goal(s) and summarize how the project and independent project components contributes to that goal(s). The Department will base its determination on the project's benefits as assessed according to the Economic Vitality criterion. Infras true twc fa Reb,,i Udine Anwo irr (II'd FIRA) 6rents 0 gD Describe the potential negative impacts on the proposed project if the INFRA grant (or other Federal funding) was not awarded. Respond to the following: • How would the project scope be affected if INFRA (or other Federal funds) were not received? • How would the project schedule be affected if INFRA (or other Federal funds) were not Is it the case that the project cannot be easily and received? • efficiently completed without other Federal funding or How would the project cost be affected if financial assistance available to the project sponsor? INFRA (or other Federal funds) were not received? If there are no negative impacts to the project scope, schedule, or budget if INFRA funds are not received, state that explicitly. Impacts to a portfolio of projects will not satisfy this requirement; please describe only project specific impacts. Re -stating the project's importance for national or regional economic, mobility, or safety will not satisfy this requirement For a small project to be selected, the Department must consider the cost effectiveness of the proposed project and the effect of the proposed project on mobility in the State and region in which the project is carried out. If an applicant seeks an award for a small project, it should use this section to provide information on the project's cost effectiveness and the project's effect on the mobility in its State and region or refer to where else the information can be found in the application. Benefit Cost Analysis Applicants should delineate each of their project's expected outcomes in the form of a complete BCA to enable the Department to consider cost-effectiveness (small projects), determine whether the project will be cost effective (large projects), estimate a benefit -cost ratio and calculate the magnitude of net benefits and costs for the project. In support of each project for which an applicant seeks funding, the applicant should submit a BCA that quantifies the expected benefits and costs of the project against a no -build baseline. Applicants should use a real discount rate (i.e., the discount rate net of the inflation rate) of 7 percent per year to discount streams of benefits and costs to their present value in their BCA. The primary economic benefits from projects eligible for INFRA grants are likely to include savings in travel time costs, vehicle operating costs, and safety costs for both existing users of the improved facility and new users who may be attracted to it as a result of the project. Reduced damages from vehicle emissions and savings in maintenance costs to public agencies may also be quantified. Applicants may describe other categories of benefits in the BCA that are more difficult to quantify and value in economic terms, such as improving the reliability of travel times or improvements to the existing human and natural environments (such as increased connectivity, improved public health, storm water runoff mitigation, and noise reduction), I i ticture for Rebuilding Ameiicr. (INFRA) Gr;,nt, while also providing numerical estimates of the magnitude and timing of each of these additional impacts wherever possible. Any benefits claimed for the project, both quantified and unquantified, should be clearly tied to the expected outcomes of the project. The BCA should include the full costs of developing, constructing, operating, and maintaining the proposed project (including both previously incurred and future costs), as well as the expected timing or schedule for costs in each of these categories. The BCA may also consider the present discounted value of any remaining service life of the asset at the end of the analysis period (net of future maintenance and rehabilitation costs) as a deduction from the estimated costs. The costs and benefits that are compared in the BCA should also cover the same project scope. The BCA should carefully document the assumptions and methodology used to produce the analysis, including a description of the baseline, the sources of data used to project the outcomes of the project, and the values of key input parameters. Applicants should provide all relevant files used for their BCA, including any spreadsheet files and technical memos describing the analysis (whether created in-house or by a contractor). The spreadsheets and technical memos should present the calculations in sufficient detail and transparency to allow the analysis to be reproduced by DOT evaluators. Additional BCA guidance can be found here. KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: March 8, 2021 TOPIC: Thompson Park Milfoil Treatment Donation ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook and Marc Eylar RECOMMENDATION: Accept the donation from AquaTechnex to apply ProcellaCor to the pond at Thompson Park and direct staff manage the application effort. BRIEFING SUMMARY: • Eurasian water milfoil is a Class B noxious weed designated for control in bodies of water with public access in Kittitas County and the pond at Thompson Park has become heavily infested with milfoil. • Noxious Weed has been contacted by Mr. Terry McNabb from AquaTechnex who is offering to donate an application of the herbicide ProcellaCor for milfoil treatment • Staff time (Noxious Weed) is anticipated for conducting the application effort. BACKGROUND: Last year Naneum Pond was renamed to Thompson Park honoring Sheriff Deputy Ryan Thompson. An attempt at manually controlling the milfoil was conducted last year as well. Herbicide treatment of the milfoil is highly recommended by the Noxious Weed Board. Terry McNabb, owner of the aquatic vegetation management company AquaTechnex, is offering to donate an application of the effective herbicide ProcellaCor to control the milfoil infestation. DISCUSSION: The herbicide is likely to achieve significant milfoil reduction in the pond. The treatment application can be managed by Noxious Weed employee Marc Eylar with assistance from Public Works (PW). PW desires assisting Mr. Eylar attempting to eradicate the milfoil from the pond at Thompson Park. FISCAL IMPACTS: None anticipated. ATTACHMENTS: Exhibit 1: ProcellaCor fact sheet Page 1 of 2 Public Works "Work Session Staff Report", 2021 EXHIBIT 1: ProcellarCor Fact Sheet Page 2 of 2 Public Works "Work Session Staff Report", 2021 July 2018 EGAD #: 3200-2018-83 Florpyrauxifen-benzyl Chemical Fact Sheet Formulations Florpyrauxifen-benzyl was registered with the EPA for aquatic use in 2017. The active ingredient is 2-pyridinecarboxylic acid, 4-amino- 3-chloro-6-(4-chloro-2-fluoro-3-methoxyphenyl )- 5 -fluoro-, phenyl methyl ester. The current Wisconsin -registered formulation is a liquid (ProcellaCORTm EC) solely manufactured by SePRO Corporation. Aquatic Use and Considerations Florpyrauxifen-benzyl is a systemic herbicide that is taken up by aquatic plants. The herbicide is a member of a new class of synthetic auxins, the arylpicolinates, that differ in binding affinity compared to other currently registered synthetic auxins. The herbicide mimics the plant growth hormone auxin that causes excessive elongation of plant cells that ultimately kills the plant. Susceptible plants will show a mixture of atypical growth (larger, twisted leaves, stem elongation) and fragility of leaf and shoot tissue. Initial symptoms will be displayed within hours to a few days after treatment with plant death and decomposition occurring over 2 — 3 weeks. Florpyrauxifen- benzyl should be applied to plants that are actively growing; mature plants may require a higher concentration of herbicide and a longer contact time compared to smaller, less established plants. Florpyrauxifen-benzyl has relatively short contact exposure time (CET) requirements (12 — 24 hours typically). The short required CET may be advantageous for localized treatments of submersed aquatic plants, however, the target species efficacy compared to the size of the treatment area is not yet known. In Wisconsin, Florpyrauxifen-benzyl may be used to treat the invasive Eurasian watermilfoil (Myriophyllum spicatum) and hybrid Eurasian watermilfoil (M. spicatum X M. sibiricum). Other invasive species such as floating hearts (Nymphoides spp.) are also susceptible. In other parts of the country, it is used as a selective, systemic mode of action for spot and partial treatment of the invasive plant hydrilla (Hydrilla verticillata). Desirable native species that may also be negatively affected include waterlily species (Nymphaea spp. and Nuphar spp.), pickerelweed (Pontederia cordata), and arrowhead (Sagiffaria spp.). It is important to note that repeated use of herbicides with the same mode of action can lead to herbicide -resistant plants, even in aquatic plants. Certain hybrid Eurasian watermilfoil genotypes have been documented to have reduced sensitivity to aquatic herbicides. In order to reduce the risk of developing resistant genotypes, avoid using the same type of herbicides year after year, and utilize effective, integrated pest management strategies as part of any long-term control program. Post -Treatment Water Use Restrictions There are no restrictions on swimming, eating fish from treated waterbodies, or using water for drinking water. There is no restriction on irrigation of turf. Before treated water can be used for non-agricultural irrigation besides turf (such as shoreline property use including irrigation of residential landscape plants and homeowner gardens, golf course irrigation, and non-residential property irrigation around business or industrial properties), follow precautionary waiting periods based on rate and scale of application, or monitor herbicide concentrations until below 2 ppb. For agricultural crop irrigation, use analytical monitoring to confirm dissipation before irrigating. The latest approved herbicide product label should be referenced relative to irrigation requirements. The Wisconsin Department of Natural Resources provides equal opportunity in its employment, programs, services, and functions under an Affirmative Action Plan. If you have any questions, please write to Equal Opportunity Office, Department of Interior, Washington, D.C. 20240. This publication is available in alternativeformat (targeprint, Braille, audio tape. etc.) upon request. Please call (608) 267-7694 for more information. Page 2 Florpyrauxifen-benzyl Chemical Fact Sheet Herbicide Degradation, Persistence and Trace Contaminants Florpyrauxifen-benzyl is broken down quickly in the water by light (i.e., photolysis) and is also subject to microbial breakdown and hydrolysis. It has a half-life (the time it takes for half of the active ingredient to degrade) ranging from 1 — 6 days. Shallow clear -water lakes will lead to faster degradation than turbid, shaded, or deep lakes. Florpyrauxifen-benzyl breaks down into five major degradation products. These materials are generally more persistent in water than the active herbicide (up to 3 week half-lives) but four of these are minor metabolites detected at less than 5% of applied active ingredient. EPA concluded no hazard concern for metabolites and/or degradates of Florpyrauxifen-benzyl that may be found in drinking water, plants, and livestock. Florpyrauxifen-benzyl binds tightly with surface sediments, so leaching into groundwater is unlikely. Degradation products are more mobile, but aquatic field dissipation studies showed minimal detection of these products in surface sediments. Impacts on Fish and Other Aquatic Organisms Toxicity tests conducted with rainbow trout, fathead minnow, water fleas (Daphnia sp.), amphipods (Gammarus sp.), and snails (Lymnaea sp.) indicate that florpyrauxifen-benzyl is not toxic for these species. EPA concluded florpyrauxifen-benzyl has no risk concerns for non -target wildlife and is considered "practically non-toxic" to bees, birds, reptiles, amphibians, and mammals. Florpyrauxifen-benzyl does not bioaccumulate in fish or freshwater clams due to rapid metabolism and chemical depuration. Human Health EPA has identified no risks of concern to human health since no adverse acute or chronic effects, including a lack of carcinogenicity or mutagenicity, were observed in the submitted toxicological studies for florpyrauxifen-benzyl regardless of the route of exposure. EPA concluded with reasonable certainty that drinking water exposures to florpyrauxifen- benzyl do not pose a significant human health risk. For Additional Information Environmental Protection Agency Office of Pesticide Programs www.epa.gov/pesticides Wisconsin Department of Agriculture, Trade, and Consumer Protection hfti)7Hdatcp.wi.gov/Plants/Pesticides/ Wisconsin Department of Natural Resources 608-266-2621 htti)://dnr.wi.gov/lakes/i)lants/ National Pesticide Information Center 1-800-858-7378 http://npic.orst.edu/ Washington State Department of Ecology. 2017. https://fortress.wa.gov/ecv/i)ublications/documen is/1710020.pdf QJWisconsin Department of Natural Resources EGAD #: 3200-2018-83 Box 7921 Madison, W153707-7921 SPECIMEN LABEL ProcellaCOR.EC A selective systemic herbicide for management of freshwater aquatic vegetation in slow-moving /quiescent waters with little or no continuous outflow: ponds, lakes, reservoirs, freshwater marshes, wetlands, bayous, drainage ditches, and non -irrigation canals, including shoreline and riparian areas in or adjacent to these sites. Also for management of invasive freshwater aquatic vegetation in slow-moving/quiescent areas of rivers (coves, oxbows or similar sites). Active Ingredient: Florpyrauxifen-benzyl: 2-pyridinecarboxylic acid, 4 -am ino-3chloro-5-(4-chloro-2-fluoro-3-methoxy- phenyl)-5-fluoro-, phenyl methyl ester ................................................ 2.7% Other Ingredients: ............................................................................... 97.3% TOTAL: ................................................................................................. 100.0% Contains 0.0052 lb Florpyrauxifen-benzyl per Prescription Dose Unit^ (PDU' ) or 0.21 Ib florpymuxifen-benzyl/gallon. 1 PDU is equal to 3.2 fl. oz. of product. Keep Out of Reach of Children CAUTION Refer to the inside of label booklet for additional precautionary information including directions for use. Notice: Read the entire label before using. Use only according to label directions. Before buying or using this product, read Warranty Disclaimer and Misuse statements inside label booklet If terms are not acceptable, return at once unopened. Agricultural Chemical: Do not ship or store with food, feeds, drugs or clothing. PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS CAUTION. Causes moderate eye imitation. Avoid contact with eyes or clothing. Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, using tobacco or using the toilet Remove and wash contaminated clothing before reuse. PERSONAL PROTECTIVE EQUIPMENT (PP Applicators and other handlers must wear: • Long-sleeved shirt and long pants; • Shoes plus socks; • Protective eyewear; and • Waterproof gloves. Follow manufacturer's instructions for cleaning/maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry. Engineering Controls: When handlers use closed systems or enclosed cabs in a manner that meets the requirements listed in the Worker Protection Standard (WPS) for agricultural pesticides [40 CFR 170.240(d)(5)J, the handler PPE requirements may be reduced or modified as specified in the WPS. Users should: • Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet. • Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. • Remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing. FIRST AID If in eyes • Hold eye open and rinse slowly and gently with water for 15 to 20 minutes. • Remove contact lenses, if present, after the first 5 minutes; then continue rinsing eye. • Calla poison control center or doctor for treatment advice. HOTLINE NUMBER Have the product container or label with you when calling a poison control center or doctor, or going for treatment. In case of emergency endangering health or the environment involving this product, call INFOTRAC at 1-800-535-5053. Environmental Hazards Under certain conditions, treatment of aquatic weeds can result in oxygen depletion or loss due to decomposition of dead plants, which may cause fish suffocation. Water bodies containing very high plant density should be treated in sections to prevent the potential suffocation of fish. Consult with the State agency for fish and game before applying to public waters to determine if a permit is needed. DIRECTIONS FOR USE It is a violation of Federal Law to use this product in a manner inconsistent with its labeling. Read all Directions for Use carefully before applying. Do not appy this product in a way that will contact workers or other persons either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your State or Tribe, consult the agency responsible for pesticide regulation. Shake well before using PRODUCT INFORMATION ProcellaCOR EC is a selective systemic herbicide for management of freshwater aquatic vegetation in slow-moving/quiescent waters with little or no continuous outflow: ponds, lakes, reservoirs, freshwater marshes, wetlands, bayous, drainage ditches, and non -irrigation canals, including shoreline and riparian areas in or adjacent to these sites. Also for management of invasive freshwater aquatic vegetation in slow-moving/quiescent areas of rivers (coves, oxbows or similar sites). Apply ProcellaCOR EC directly into water or spray onto emergent foliage of aquatic plants. Depending upon method of application and target plant, ProcellaCOR EC is absorbed by aquatic vascular plants through emergent or floating leaves and from water through submersed plant shoots and leaves. In -water treatments are effective in spot and partial treatment designs with relatively short exposure times (hours to several days). Species susceptibility to ProcellaCOR EC may vary depending upon time of year, stage of growth, and water movement. For best results, apply to actively growing plants. However, effective control can be achieved over a broad range of growth stages and environmental conditions. Application to mature target plants may require higher application rates and longer exposure periods to achieve control. Resistance Management ProcellaCOR EC is classified as a WSSA Group 4 Herbicide (HRAC Group O). Weed populations may contain or develop biotypes that are resistant to ProcellaCOR EC and other Group 4 herbicides. If herbicides with the same mode of action are used repeatedly at the same site, resistant biotypes may eventually dominate the weed population and may not be controlled by these products. Unless ProcellaCOR EC is used as part of an eradication program or in a plant management system where weed escapes are aggressively controlled, do not use ProcellaCOR EC alone in the same treatment area for submersed and emergent plant control for more than 2 consecutive years, unless used in combination or rotated with an herbicide with an alternate mode of action. To further delay herbicide resistance consider taking one or more of the following steps: • Use tank mixtures with herbicides from a different group if such use is permitted; Consult your local extension service or SePRO Corporation if you are unsure as to which active ingredient is currently less prone to resistance. • Adopt an integrated weed -management program for herbicide use that includes scouting and uses historical information related to herbicide use, and that considers other management practices. • Scout after herbicide application to monitor weed populations for early signs of resistance development. Indicators of possible herbicide resistance include: (1) failure to control a weed species normally controlled by the herbicide at the dose applied, especially if control is achieved on adjacent weeds; (2) a spreading patch of non -controlled plants of a particular weed species; (3) surviving plants mixed with controlled individuals of the same species. If resistance is suspected, prevent weed seed production in the affected area by using an alternative herbicide from a different group or by a mechanical method that minimizes plant fragmentation. • If a weed pest population continues to progress after treatment with this product, switch to another management strategy or herbicide with a different mode of action, if available. • Contact your local extension specialist or SePRO Corporation for additional pesticide resistance -management and/or integrated weed -management recommendations for specific weed biotypes. Stewardship Guidelines For Use Apply this product in compliance with Best Management Practices (BMP) that include site assessment, prescription, and implementation. BMP have been developed to ensure accurate applications, minimize risk of resistance development, and monitor concentrations in water to document levels needed for optimal performance and manage potential irrigation use. SePRO Corporation will work with applicators and resource managers to implement BMP for application and monitoring to meet management objectives and ensure compatibility with potential water uses. Use Precautions • There are no restrictions for recreational purposes, including swimming and fishing. Use Restrictions • Obtain Required Permits: Consult with appropriate state or local water authorities before applying this product to public waters. State or local public agencies may require permits. • Chemigation: Do not apply this product through any type of irrigation system. • For in -water applications, the maximum single application rate is 25.0 Prescription Dose Units (PDU) per acre-foot of water with a limit of three applications per year. • For aquatic foliar applications, do not exceed 10.0 PDU per acre for a single application, and do not apply more than 20.0 PDU total per acre per year. • To minimize potential exposure in compost, do not allow livestock to drink treated water. • Do not compost any plant material from treated area. • Allow 14 days or greater between applications. • Do not use water containing this product for hydroponic farming. • Do not use treated water for any form of irrigation, except as described in the Application to Water Used for Irrigation on Turf and Landscape Vegetation section. • Do not use for greenhouse or nursery irrigation. • Make applications in a minimum of 10 gallons per acre (GPA) for ground and a minimum of 15 gallons per acre (GPA) for aerial applications. • Do not apply to salt/brackish water. • Do not apply ProcellaCOR EC directly to, or otherwise permit FrocellaCOR EC to come into contact during an application, with carrots, soybeans, grapes, tobacco, vegetable crops, flowers, ornamental shrubs or trees, or other desirable broadleaf plants, as serious injury may occur. Do not permit spray mists containing ProcellaCOR EC to drift onto desirable broadleaf plants. Further information on spray drift management is provided in the Spray Drift Management section of this label. • For treatments out of water, do not permit spray mists containing this product to drift onto desirable broadleaf plants as injury may occur. Further information on spray drift management is provided in the Spray Drift Management section of this label. • Do not allow tank mixes of ProcellaCOR EC to sit overnight. See additional tank mix restrictions below. • Do not use organosilicone surfactants in spray mixtures of this product. • Do not tank mix this product with malathion or methyl parathion. • Do not make an application of malathion or methyl parathion within 7 days of an application of this product. See additional tank mix restrictions below. Application to Water Used for Irrigation on Turf and Landscape Vegetation To reduce the potential for injury to sensitive vegetation, follow the waiting periods (between application and irrigation) and restrictions below, and inform those who irrigate with water from the treated area. Follow local and state requirements for informing those who irrigate. When monitoring ProcellaCOR EC concentrations, analyze water samples using an appropriate analytical method for both the active ingredient and the acid form. Use of HPLC (High -Performance Liquid Chromatography), which is also referenced as FaSTESTe, is recommended. Applications to invasive freshwater aquatic vegetation in slow-moving/ quiescent areas of rivers (coves, oxbows or similar sites). • Users must be aware of relevant downstream use of water for irrigation that may be affected by the treatment and must ensure all label restrictions are followed. All potential downstream water intakes with irrigation practices that may be affected by the treatment must be documented and affected irrigation users notified of the restrictions associated with such treatment. Residential and other Non-Andruhural Irrigation (such as shoreline property use including irrigation of residential landscape plants and homeowner gardens, golf course irrigation, and non-residential property irrigation around business or industrial properties. Excludes greenhouse or nursery irriaation). • Turf Irrigation: Turf may be irrigated immediately after treatment. • For irrigation of landscape vegetation or other forms of non-agricultural irrigation not excluded above, conduct one of the following: o analytically verify that water contains less than 2 ppb (SePRO recommends use of FasTEST); or o if treated areas) have the potential to dilute with untreated water, follow the precautionary waiting periods described in the tables 1 and 2 below for in -water or foliar application. TABLE 1: Non-agricultural irrigation following in -water application Waiting Period (Days) for Irrigation at Specific Target Treatment Rates Treatment Rates Percent Area of Waterbody Treated' (PDU per acre-foot) 10% or less 0.5 day Percent Area>3.5 11 -20% 1 da >5.0 to >10.0 to >15.0 to >20.0 to of Waterbody 1-3 PDU PDU 10.0 15.0 20.0 25.0 Treated' PDU PDU PDU PDU 2% or less 6 hours 1 day 1 day 2 days 2 days 3 days 3-10% 1 day 3 days 5 days 7 days 10 days 14 days 11-20% 3 days 7 days 10 days 10 days 14 days 21 days 21-30% 5 days 10 days 14 days 21 days 28 days 35 da s >30% 7 days 14 days 21 days 28 days 35 days 35 da s Assumes treated area(s) have the potential to dilute with untreated water. If the treated area is not projected to dilute rapidly (example: confined cove area), utilize FasTEST to confirm below 2 ppb or verily vegetation tolerance before irrigation use. Consult a SePRO Aquatic Specialist for additional site-specific recommendations. TABLE 2: Non-agricultural irrigation following foliar application Waiting Period (days) for Irrigation at Specific Target Treatment Rates Percent Area of Waterbody Treated' 5.0 PDU / acre >5.0 to 70.0 PDU / acre 10% or less 0.5 day 1 day 11 -20% 1 da 2 days >20% 2 days 3 davs Assumes treated area(s) have the potential to dilute with untreated water. If the treated area is not projected to dilute rapidly (example: confined cove area), utilize FasTEBT to confirm below 2 ppb or verify vegetation tolerance before irrigation use. Consult a SePRO Aquatic Specialist for additional site-specific recommendations. Susceptible Plants Do not apply where spray drift may occur to food, forage, or other plantings that might be damaged. Spray drift may damage or render crops unfit for sale, use or consumption. Small amounts of spray drift that may not be visible may injure susceptible broadleaf plants. Before making a foliar or surface spray application, please refer to your state's sensitive crop registry (if available) to identify any commercial specialty or certified organic crops that may be located nearby. At the time of a foliar or surface spray application, the wind cannot be blowing toward adjacent cotton, carrots, soybeans, conn, grain sorghum, wheat, grapes, tobacco, vegetable crops, flowers, ornamental shrubs or trees, or other desirable broadleaf plants. Spray Drift Management Avoiding spray drift at the application site is the responsibility of the applicator. The interaction of many equipment- and weather-related factors determines the potential for spray drift. The applicator is responsible for considering all these factors when making decisions. The following drift management requirements must be followed to limit off -target drift movement from aerial applications: Aerial Application: • Aerial applicators must use a minimum finished spray volume of 15 gallons per acre. • Drift potential is lowest between wind speeds of 2 to 10 mph. Do not apply below 2 mph due to variable wind direction and high potential for temperature inversion. Do not apply in wind speeds greater than 10 mph. • To minimize spray drift from aerial application, apply with a nozzle class that ensures coarse or coarser spray (according to ASABE S572) at spray boom pressure no greater than 30 psi. • The distance of the outer most operating nozzles on the boom must not exceed 70% of wingspan or 80% of rotor diameter. • Nozzles must always point backward parallel with the air stream and never be pointed downwards more than 45 degrees. • Do not apply under conditions of a low-level air temperature inversion. • The maximum release height must be 10 feet from the top of the weed canopy, unless a greater application height is required for pilot safety. Evaluate spray pattern and droplet size distribution by applying sprays containing a water-soluble dye marker or appropriate drift control agents over a paper tape (adding machine tape). Mechanical flagging devices may also be used. Do not apply under conditions of a low-level air temperature inversion. A temperature inversion is characterized by little or no wind and lower air temperature near the ground than at higher levels. The behavior of smoke generated by an aircraft -mounted device or continuous smoke column released at or near site of application will indicate the direction and velocity of air movement. A temperature inversion is indicated by layering of smoke at some level above the ground and little or no lateral movement. Ground Application • Ground applicators must use a minimum finished spray volume of 10 gallons per acre. • To minimize spray drift from ground application, apply with a nozzle class that ensures coarse or coarser spray (according to ASABE S572). • For boom spraying, the maximum release height is 36 inches from the soil for ground applications. • Where states have more stringent regulations, they must be observed. The applicator should be familiar with, and take into account the information covered in the following Aerial Drift Reduction Advisory (this information is advisory in nature and does not supersede mandatory label requirements.) Aerial Drift Reduction Advisory Information on Droplet Size: The most effective way to reduce drift potential is to apply large droplets. The best drift management strategy is to apply the largest droplets that provide sufficient coverage and control. Applying larger droplets reduces drift potential, but will not prevent drift if applications are made improperly, or under unfavorable environmental conditions (see Wind, Temperature and Humidity, and Temperature Inversions). Controlling Droplet Size: • Volume - Use high flow rate nozzles to apply the highest practical spray volume. Nozzles with higher rated flows produce larger droplets. • Pressure - Do not exceed the nozzle manufacturer's specified pressures. For many nozzle types, lower pressure produces larger droplets. When higher flow rates are needed, use higher flow rate nozzles instead of increasing pressure. • Number of Nozzles - Use the minimum number of nozzles that provide uniform coverage. • Nozzle Orientation - Orienting nozzles so that the spray is released parallel to the air stream produces larger droplets than other orientations. Significant deflection from horizontal will reduce droplet size and increase drift potential. • Nozzle Type - Use a nozzle type that is designed for the intended application. With most nozzle types, narrower spray angles produce larger droplets. Consider using low -drift nozzles. Solid stream nozzles oriented straight back produce the largest droplets and the lowest drift. Boom Length: To further reduce drift without reducing swath width, boom must not exceed 70% of wingspan or 80% of rotor diameter. Application Height: Do not make applications at a height greater than 10 feet above the top of the largest plants unless a greater height is required for aircraft safety. Making applications at the lowest height that is safe reduces exposure of droplets to evaporation and wind. Swath Adjustment: When applications are made with a crosswind, the swath will be displaced downwind. Therefore, on the up and downwind edges of the field, the applicator must compensate for this displacement by adjusting the path of the aircraft upwind. Swath adjustment distance should increase with increasing drift potential (higher wind, smaller drops, etc.). Wind: Drift potential is lowest between wind speeds of 2 to 10 mph. However, many factors, including droplet size and equipment type, determine drift potential at any given speed. Do not make applications below 2 mph due to variable wind direction and high inversion potential. Do not apply in wind speeds greater than 10 mph. Local terrain can influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect spray drift. Temperature and Humidity: When making applications in low relative humidity, set up equipment to produce larger droplets to compensate for evaporation. Droplet evaporation is most severe when conditions are both hot and dry. Temperature Inversions: Do not apply during a local, low level temperature inversion because drift potential is high. Temperature inversions restrict vertical air mixing, which causes small suspended droplets to remain in a concentrated cloud. This cloud can move in unpredictable directions due to the light variable winds common during inversions. Temperature inversions are characterized by increasing temperatures with attitude and are common on nights with limited cloud cover and light to no wind. They begin to form as the sun sets and often continue into the morning. Their presence can be indicated by ground fog; however, if fog is not present, inversions can also be identified by the movement of the smoke from a ground source or an aircraft smoke generator. Smoke that layers and moves laterally in a concentrated cloud (under low wind conditions) indicates an inversion, while smoke that moves upward and rapidly dissipates indicates good vertical air mixing. USE DIRECTIONS ProcellaCOR EC performance and selectivity may depend on dosage, time of year, stage of growth, method of application, and water movement. Aquatic Plants Controlled: In -Water Application Table 3 lists the expected susceptible species under favorable treatment conditions for aquatic plant control. Use of lower rates will increase selectivity on some species listed. Consultation with SePRO Corporation is recommended before applying PmcellaCOR EC to detemtine best in -water treatment protocols for given target vegetation. TABLE 3. Vascular aquatic plant control with in -water application Vascular Aquatic Plants Controlled: In -Water Application Common name Scientific name Floating Plants Mosquito fernAzolla spp. Water hyacinth Eichhomia crassipes Emersed Plants Alli atorweed Altemanthers philoxercides American lotus Nelumbo lutea Floating heart Wrnphoides spp. Water perm ort H drocofyle umbellate Water primmse Ludwi is sop. Watershield Brasenia schrebed Submersed Plants Baco a Baco a spit. Coontail' Cerato h Plum demersum H drilla' H drilla verticillata Parrotfeather Mynciphyllum a uaticum Water chestnut Irapa spp. Watermiffoil, Eurasian M doph llum spicatum Watermiffoil,Hbri -Eurasian Mydophllum spicatum X M. spp. Watermiffoil, Variable M no h Ilum heteroph lura Higher -rate applications within the specified range may be required to control less -sensitive weeds. Aauatic Plants Controlled: Foliar Application Table 4lists the expected susceptible species using labeled foliar rates (5.0-10.0 PDU per acre) under favorable treatment conditions for aquatic plant control. Use higher rates in the rate range on more established, dense vegetation. Consultation with SePRO Corporation is recommended before applying ProcellaCOR EC to determine best foliar treatment protocols for given target vegetation. TABLE 4. Vascular aquatic plant control with foliar application Vascular Aquatic Plants Controlled: Foliar Application Common name Scientific name Floating Plants 52% Mosquito fern TAzclia spp. Water hyacinth Eichhomie crassi es Emersed Plants 2-3 Alli atorweed Altemanthem philoxeroides American lotus Ne/umbo lutea Floating heart Nym hoides sipp. Parroffeather(emersed) M do h llum aquaticum Water pennywort Hydrocotyle umbellate Water primrose Ludwi is spp. Watershield Brasenia schreberi APPLICATION INFORMATION Mixing Instructions In -Water Application to Submersed or Floating Aquatic Weeds ProcellaCOR EC can be applied undiluted or diluted with water for in -water applications. To dilute with water, it is recommended to fill the spray tank to one-half full with water. Start agitation. Add correct quantity of ProcellaCOR EC. Continue agitation while filling spray tank to required volume and during application. Foliar Application to Floating and Emergent Weeds Dilute PmcellaCOR EC with water to achieve proper coverage of treated plants. To dilute with water, it is recommended to fill spray tank to one-half full with water. Start agitation. A surfactant must be used with all post -emergent foliar applications. Use only surfactants that are approved or appropriate for aquatic use. For best performance, a methylated seed oil (MSO) surfactant is recommended. Read and follow all use directions and precautions on aquatic surfactant label. After adding PmcellaCOR EC and surfactant, continue agitation while filling spray tank to required volume and during application. TANK -CLEANOUT INSTRUCTIONS ProcellaCOR EC should be fully cleaned from application equipment prior to use for other applications. Contact a SePRO Aquatic Specialist for guidance on methods for thorough cleaning of application equipment after use of the product. APPLICATION METHODS In -Water Application to Submersed or Floating Aquatic Weeds ProcellaCOR EC can be applied via trailing hose, by sub -surface injection, or surface spray as an in -water application to control weeds such as hydrilla, floating heart, water hyacinth, and other susceptible weed species. This product has relatively short exposure requirements for in -water treatments (hours to days), but treatments with high exchange and short exposure periods should be carefully planned to achieve best results. Where greater plant selectivity is desired - such as when controlling hydrilla or other more susceptible species, choose a lower dose in the specified range. A SePRO Aquatic Specialist can provide site-specific prescriptions for optimal control based on target weed, management objectives, and site conditions. Apply ProcellaCOR EC to the treatment area at a prescription dose unit (PDU) to achieve appropriate concentrations. A PDU is a unit of measure that facilitates the calculation of the amount of product required to control target plants in 1 acre-foot of water or 1 acre for foliar applications. Per Table 5 below, 1-25 PDU are needed to treat 1 acre-foot of water, depending on target species and the percent of waterbody to be treated. Use Table 5 to select the dose needed to treat 1 acre-foot of water. TABLE 5: Prescription Dose Units (PDU**) per acre-foot of water* Percent Area of Waterbody Treated Eurasian Watermilfoil Ta et Species Hybrid Variable Leaf Watermilfoil Watermilfoil Other 52% 3-4 4-5 3-5 3-25 >2-10% 2-3 3-5 3-4 3-20 >10-20% 1-3 3-4 2-4 3-15 >20-30% 1-2 2-3 2-3 2-10 >30% 1-2 2-3 1-2 1-5 In all cases, user may apply up to the maximum of 25 PDU per acre-foot. Consult your SePRO Aquatics Specialist for site-specific recommendations. " 1 PDU contains 3.17 fl. oz. of product. To calculate the amount of product needed in fluid ounces, use the formula below: Number of acres X average depth (feet) X PDU' X 3.17 = fluid ounces ': from Table 5 Example Calculation: To control hybrid watermilfoil in 2 acres of a 5 -acre lake (>30% treated) with an average depth of 2 feet: 2 acres X 2 feet X 3 PDU X 3.17=38.04 fl. oz. For in -water applications, the maximum single application is 25.0 PDU / acre-foot, with a limit of three applications per year. Allow 14 days or greater between applications. Product may be applied as a concentrate or diluted with water prior to or during the application process. Use an appropriate application method that ensures sufficiently uniform application to the treated area. Foliar Application to Floating and Emergent Weeds Apply PmcellaCOR EC as a foliar application to control weeds such as water hyacinth, water primrose, and other susceptible floating and emergent species. Use an application method that maximizes spray interception by target weeds while minimizing the amount of overspray that inadvertently enters the water. For all foliar applications, apply ProcellaCOR EC at 5.0 to 10.0 PDU per acre. Use of a surfactant is required for all foliar applications of ProcellaCOR EC. Use only surfactants that are approved or appropriate for aquatic use. Methylated seed soil (MSO) is a recommended surfactant and is typically applied at 1.0% volume/volume. Refer to the surfactant label for use directions. For best results, apply to actively growing weeds. ProcellaCOR EC may be applied more than once per growing season to meet management objectives. Do not exceed 10.0 PDU per acre during any individual application or 20.0 PDU total per acre, per year from all combined treatments. Foliar Spot Treatment To prepare the spray solutions, thoroughly mix PmellaCOR EC in water at a ratio of 5.0 to 10.0 PDU per 100 gallons (0.12 to 0.24% product) plus an adjuvant. For best results, a methylated seed oil at 1 % volume/volume is the recommended spray adjuvant. When making spot application, ensure spray coverage is sufficient to wet the leaves of the target vegetation but not to the point of runoff. Aerial Foliar Application to Floating and Emergent Weeds Apply ProcellaCOR EC in a spray volume of 15 gallons per acre (GPA) or more when making a post -emergence application by air. Apply with coarse to coarser droplet category per S-572 ASABE standard; see NAAA, USDA or nozzle manufacturer guidelines. Follow guidelines and restrictions in the Spray Drift Management and Aerial Drift Reduction Advisory sections to minimize potential drift to off -target vegetation. Aircraft should be patterned per Operation Safe/PAASS program for calibration and uniformity to provide sufficient coverage and control. Boat or Ground Foliar Application to Floating and Emergent Weeds When applying ProcellaCOR EC by boat or with ground equipment to emergent or floating -leaved vegetation, use boom -type, backpack or hydraulic handgun equipment. Apply ProcellaCOR EC in a sufficient spray volume (e.g. 20 to 100 gpa) to provide accurate and uniform distribution of spray particles over the treated vegetation while minimizing mnoff. Use higher spray volumes for medium to high density vegetation. For boom spraying, use coarse or coarser nozzle spray quality per S-572 ASABE standard; see USDA literature or nozzle manufacturer guidelines. Follow nozzle manufacturer's recommendations for nozzle pressure, spacing and boom height to provide a uniform spray pattern. Follow appropriate spray drift management information where drift potential is a concern. TANK MIXES WITH OTHER AQUATIC HERBICIDES DO NOT TANK MIX ANY PESTICIDE PRODUCT WITH THIS PRODUCT without first referring to the following website for the specific product: www.3206tankmix.com. This website contains a list of active ingredients that are currently prohibited from use in tank mixture with this product. Only use products in tank mixture with this product that: 1) are registered for the intended use site, application method and timing; 2) are not prohibited for tank mixing by the label of the tank mix product; and 3) do not contain one of the prohibited active ingredients listed on www.3206tankmix.com website. Applicators and other handlers (mixers) who plan to tank -mix must access the website within one week prior to application in order to comply with the most up-to-date information on tank mix partners. Do not exceed specified application rates for respective products or maximum allowable application rates for any active ingredient in the tank mix Read carefully and follow all applicable use directions, precautions, and limitations on the respective product labels. It is the pesticide user's responsibility to ensure that all products in the mixtures are registered for the intended use. Users must follow the most restrictive directions for use and precautionary statements of each product in the tank mixture. Always perform a as* test to ensure the compatibility of products to be used in tank mixture. STORAGE AND DISPOSAL Do not contaminate water, food, or feed by storage or disposal. Pesticide Storage: Store in original container only. Keep container closed when not in use. Do not store near food or feed. In case of spill or leak on floor or paved surfaces, soak up with vermiculite, earth, or synthetic absorbent. Pesticide Disposal: Pesticide wastes are toxic. Improper disposal of excess pesticide, spray mixture, or rinsate is a violation of Federal law. If these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency or the Hazardous Waste Representative at the nearest EPA Regional Office for guidance. Container Handling Non -refillable Container. DO NOT reuse or refill this container. Triple rinse or pressure rinse container (or equivalent) promptly after emptying; then offer for recycling, if available, or reconditioning, if appropriate, or puncture and dispose of in a sanitary landfill, or by incineration, or by other procedures approved by state and local authorities. Triple rinse containers small enough to shake (capacity!g 5 gallons) as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container Y4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank, or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. Triple rinse containers too large to shake (capacity > 5 gallons) as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container 1/< full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Turn the container over onto its other end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank, or store rinsate for later use or disposal. Repeat this procedure two more times. Pressure rinse as follows: Empty the remaining contents into application equipment or mix tank and continue to drain for 10 seconds after the flow begins to drip. Hold container upside down over application equipment or mix tank, or collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container and rinse at about 40 PSI for at least 30 seconds. Drain for 10 seconds after the flow begins to drip. Warranty Disclaimer: SePRO Corporation warrants that this product conforms to the chemical description on the product label. Testing and research have also determined that this product is reasonably fit for the uses described on the product label. To the extent consistent with applicable law, SePRO Corporation makes no other express or implied warranty of fitness or merchantability nor any other express or implied warranty and any such warranties are expressly disclaimed. Misuse: Federal law prohibits the use of this product in a manner inconsistent with its label directions. To the extent consistent with applicable law, the buyer assumes responsibility for any adverse consequences if this product is not used according to its label directions. In no case shall SePRO Corporation be liable for any losses or damages resulting from the use, handling or application of this product in a manner inconsistent with its label. For additional important labeling information regarding SePRO Corporation's Terms and Conditions of Use, Inherent Risks of Use and Limitation of Remedies, please visit http.-,Il�eprotabels com/terms or scan the image below. °Copyright 2018 SePRO Corporation SePA :, SISPRO Corporation 11550 North Meridian Street, Suite 600 Carmel, IN 46032, U.S.A. Conforms to HazCom 2012/United States SAFETY DATA SHEET jSePR ProcellaCOR EC Section 1. Identification GHS product identifier : ProcellaCOR EC Recommended use of the chemical and restrictions on use Identified uses EPA Registration No. Supplier's details Emergency telephone number (with hours of operation) End use herbicide product SePRO Corporation 11550 North Meridian Street Suite 600 Carmel, IN 46032 U.S.A. Tel: 317-580-8282 Toll free: 1-800-419-7779 Fax: 317-580-8290 Monday - Friday, Sam to 5pm E.S.T. www.sepro.com INFOTRAC - 24-hour service 1-800-535-5053 The following recommendations for exposure controls and personal protection are intended for the manufacture, formulation and packaging of this product. For applications and/or use, consult the product label. The label directions supersede the text of this Safety Data Sheet for application and/or use. Section 2. Hazards identification Hazard classification: This material is not hazardous under the criteria of the Federal OSHA Hazard Communication Standard 29CFR 1910.1200. Other hazards: No data available. Section 3. Composition/information on ingredients Chemical nature: This product is a mixture. Component CASRN Concentration Flor rauxifen-benz I 1390661-72-9 2.7% Eth Ihexanol 104-76-7 2.1% Methanol 67-56-1 0.9% Balance Not available 94.3% Page 1 of 11 Section 4. First aid measures Description of first aid measures General advice: If potential for exposure exists refer to Section 8 for specific personal protective equipment. Inhalation: Move person to fresh air. If person is not breathing, call an emergency responder or ambulance, then give artificial respiration; if by mouth to mouth use rescuer protection (pocket mask etc). Call a poison control center or doctor for treatment advice. Skin contact: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. Call a poison control center or doctor for treatment advice. Eye contact: Hold eyes open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eyes. Call a poison control center or doctor for treatment advice. Ingestion: No emergency medical treatment necessary Most important symptoms and effects, both acute and delayed: Aside from the information found under Description of first aid measures (above) and Indication of immediate medical attention and special treatment needed (below), any additional important symptoms and effects are described in Section 11: Toxicology Information. Indication of any immediate medical attention and special treatment needed Notes to physician: No specific antidote. Treatment of exposure should be directed at the control of symptoms and the clinical condition of the patient. Have the Safety Data Sheet, and if available, the product container or label with you when calling a poison control center or doctor, or going for treatment. Section 5. Fire -fighting measures Suitable extinguishing media: Water fog or fine spray. Dry chemical fire extinguishers. Carbon dioxide fire extinguishers. Foam. Do not use direct water stream. May spread fire. General purpose synthetic foams (including AFFF type) or protein foams are preferred if available. Alcohol resistant foams (ATC type) may function. Unsuitable extinguishing media: No data available Special hazards arising from the substance or mixture Hazardous combustion products: During a fire, smoke may contain the original material in addition to combustion products of varying composition which may be toxic and/or irritating. Combustion products may include and are not limited to: Nitrogen oxides. Hydrogen fluoride. Hydrogen chloride. Carbon monoxide. Carbon dioxide. Unusual Fire and Explosion Hazards: Violent steam generation or eruption may occur upon application of direct water stream to hot liquids. Advice for firefighters Fire Fighting Procedures: Keep people away. Isolate fire and deny unnecessary entry. Consider feasibility of a controlled burn to minimize environment damage. Foam fire extinguishing system is preferred Page 2 of 11 because uncontrolled water can spread possible contamination. Do not use direct water stream. May spread fire. Burning liquids may be moved by flushing with water to protect personnel and minimize property damage. Contain fire water run-off if possible. Fire water run-off, if not contained, may cause environmental damage. Review the "Accidental Release Measures" and the "Ecological Information" sections of this SDS. Special protective equipment for firefighters: Wear positive -pressure self-contained breathing apparatus (SCBA) and protective fire fighting clothing (includes fire fighting helmet, coat, trousers, boots, and gloves). Avoid contact with this material during fire fighting operations. If contact is likely, change to full chemical resistant fire fighting clothing with self-contained breathing apparatus. If this is not available, wear full chemical resistant clothing with self-contained breathing apparatus and fight fire from a remote location. For protective equipment in post -fire or non -fire clean-up situations, refer to the relevant sections. Section 6. Accidental release measures Personal precautions, protective equipment and emergency procedures: Isolate area. Keep unnecessary and unprotected personnel from entering the area. Refer to section 7, Handling, for additional precautionary measures. Use appropriate safety equipment. For additional information, refer to Section 8, Exposure Controls and Personal Protection. Environmental precautions: Spills or discharges to natural waterways are likely to kill aquatic organisms. Prevent from entering into soil, ditches, sewers, waterways and/or groundwater. See Section 12, Ecological Information. Methods and materials for containment and cleaning up: Contain spilled material if possible. Small spills: Absorb with materials such as: Clay. Dirt. Sand. Sweep up. Collect in suitable and properly labeled containers. Large spills: Contact SePRO Corporation for clean-up assistance. See Section 13, Disposal Considerations, for additional information. Section 7. Handling and storage Precautions for safe handling: Keep out of reach of children. Do not swallow. Avoid contact with eyes, skin, and clothing. Avoid breathing vapor or mist. Wash thoroughly after handling. Keep container closed. Use with adequate ventilation. See Section 8, EXPOSURE CONTROLS AND PERSONAL PROTECTION. Conditions for safe storage: Store in a dry place. Store in original container. Keep container tightly closed when not in use. Do not store near food, foodstuffs, drugs or potable water supplies. Section 8. Exposure controls/personal protection Control parameters: Exposure limits are listed below, if they exist. Component I Regulation I Type of Listing Value/Notation Ethylexanol Dow IHG TWA 2 ppm Dow IHG TWA SKIN Methanol ACGIH TWA 200 ppm ACGIH STEL 250 ppm OSHA Z-1 TWA 260 mg/m3 200 ppm ACGIH TWA SKIN, BEI Page 3 of 11 ACGIH STEL SKIN, BEI CAL PEL C 1,000 ppm CAL PEL PEL 260 mg/m3 200 ppm CAL PEL STEL 325 mg/m3 250 ppm RECOMMENDATIONS IN THIS SECTION ARE FOR MANUFACTURING, COMMERCIAL BLENDING AND PACKAGING WORKERS. APPLICATORS AND HANDLERS SHOULD SEE THE PRODUCT LABEL FOR PROPER PERSONAL PROTECTIVE EQUIPMENT AND CLOTHING. Exposure controls Engineering controls: Use local exhaust ventilation, or other engineering controls to maintain airborne levels below exposure limit requirements or guidelines. If there are no applicable exposure limit requirements or guidelines, general ventilation should be sufficient for most operations. Local exhaust ventilation may be necessary for some operations. Individual protection measures Eye/face protection: Use safety glasses (with side shields). Skin protection Hand protection: Use gloves chemically resistant to this material. Examples of preferred glove barrier materials include: Chlorinated polyethylene. Neoprene. Polyethylene. Ethyl vinyl alcohol laminate ("EVAL"). Polyvinyl chloride ('PVC' or "vinyl"). Viton. Examples of acceptable glove barrier materials include: Butyl rubber. Natural rubber ("latex"). Nitrile/butadiene rubber ("nitrile" or "NBR"). NOTICE: The selection of a specific glove for a particular application and duration of use in a workplace should also take into account all relevant workplace factors such as, but not limited to: Other chemicals which may be handled, physical requirements (cut/puncture protection, dexterity, thermal protection), potential body reactions to glove materials, as well as the instructions/specifications provided by the glove supplier. Other protection: Use protective clothing chemically resistant to this material. Selection of specific items such as face shield, boots, apron, or full body suit will depend on the task. Respiratory protection: Respiratory protection should be worn when there is a potential to exceed the exposure limit requirements or guidelines. If there are no applicable exposure limit requirements or guidelines, wear respiratory protection when adverse effects, such as respiratory irritation or discomfort have been experienced, or where indicated by your risk assessment process. For most conditions no respiratory protection should be needed; however, if discomfort is experienced, use an approved air -purifying respirator. The following should be effective types of air -purifying respirators: Organic vapor cartridge with a particulate pre -filter. Section 9. Physical and chemical properties Appearance Physical State Liquid Color Amber Odor Solvent Odor Threshold No data available pH 4.24 (1 % aqueous suspension) Melting point/range Not applicable to liquids Freezing point No data available Boiling point (760 mmHg) No data available Flash point > 100 °C (> 212 °F) Evaporation Rate (Butyl Acetate =1) No data available Flammability (solid, gas) Not applicable Lower explosion limit No data available Upper explosion limit No data available Vapor pressure 0.0000002 mmHg at 20°C (68°F) Relative Vapor Density (air = 1) No data available Page 4 of 11 Relative Density (water= 1) Water solubility Partition coefficient: n-octanol/water Auto -ignition temperature Decomposition temperature Dynamic Viscosity Kinematic Viscosity Explosive properties Oxidizing properties Liquid Density Molecular weight ,"Melilla 0.93 0.015 mg/I at 20°C (68°F) No data available 260°C (500 °F) No data available 15.4 mPa.s at 20°C (68°F) 8.90 mPa.s at 40°C (104°F) 14.2 mm2/s at 20°C (68°F) 7.91 mm2/s at 40°C (104°F) Not explosive Not oxidizing 0.9257 g/cm3 at 20 °C (68 °F) Digital density meter No data available The physical data presented above are typical values and should not be construed as a specification. Section 10. Stability and reactivity Reactivity: No dangerous reaction known under conditions of normal use. Chemical stability: Thermally stable at typical use temperatures. Possibility of hazardous reactions: Polymerization will not occur. Conditions to avoid: Exposure to elevated temperatures can cause product to decompose. Incompatible materials: None known. Hazardous decomposition products: Decomposition products depend upon temperature, air supply and the presence of other materials. Decomposition products can include and are not limited to: Carbon monoxide. Carbon dioxide. Hydrogen chloride. Hydrogen fluoride. Nitrogen oxides. Section 11. Toxicological information Toxicological information appears in this section when such data is available. Acute toxicity Acute oral toxicity Very low toxicity if swallowed. Harmful effects not anticipated from swallowing small amounts. As product: LD50, Rat, female, > 5,000 mg/kg Acute dermal toxicity Prolonged skin contact is unlikely to result in absorption of harmful amounts. As product: LD50, Rat, male and female, > 5,000 mg/kg Acute inhalation toxicity No adverse effects are anticipated from single exposure to mist. Based on the available data, respiratory irritation was not observed. As product: LC50, Rat, male and female, 4 Hour, dust/mist, > 5.40 mg/1 No deaths occurred at this concentration. Skin corrosion/irritation Brief contact may cause slight skin irritation with local redness Serious eye damage/ eye irritation May cause slight eye irritation. Corneal injury is unlikely. Sensitization Did not cause allergic skin reactions when tested in guinea pigs. For respiratory sensitization: No relevant data found. Page 5 of 11 Specific Target Organ Systemic Toxicity (Single Exposure) Evaluation of available data suggests that this material is not an STOT-SE toxicant. Specific Target Organ Systemic Toxicity (Repeated Exposure) For the active ingredient(s): Based on available data, repeated exposures are not anticipated to cause significant adverse effects. For the major component(s): Based on available data, repeated exposures are not anticipated to cause significant adverse effects. For the minor component(s): In animals, effects have been reported on the following organs: Blood, kidney, liver, and spleen. Carcinogenicity For the active ingredient(s): Did not cause cancer in laboratory animals. For the major component(s): No relevant data found. Teratogenicity For the active ingredient(s): Did not cause birth defects or any other fetal effects in laboratory animals. For the major component(s): No relevant data found. For the minor component(s): Has caused birth defects in laboratory animals only at doses toxic to the mother. Has been toxic to the fetus in laboratory animals at doses toxic to the mother. These concentrations exceed relevant human dose levels. Reproductive toxicity For the active ingredient(s): In animal studies, did not interfere with reproduction. For the major component(s): In animal studies, did not interfere with reproduction. In animal studies, did not interfere with fertility. Mutagenicity In vitro genetic toxicity studies were negative. Animal genetic toxicity studies were negative. Aspiration Hazard Based on physical properties, not likely to be an aspiration hazard. No aspiration toxicity classification Section 12. Ecological information Ecotoxico/ogical information appears in this section when such data is available. Toxicity Acute toxicity to fish Material is practically non-toxic to fish on an acute basis (LC50 > 100 mg/L). EC50, Cyprinus carpio (Carp), static test, 96 Hour, > 120 mg/I, OECD Test Guideline 203 or Equivalent Acute toxicity to aquatic invertebrates Material is slightly toxic to aquatic invertebrates on an acute basis (LC50/EC50 between 10 and 100 mg/L). EC50, Daphnia magna (Water flea), 48 Hour, 49 mg/l, OECD Test Guideline 202 Acute toxicity to algae/aquatic plants Material is very highly toxic to some aquatic vascular plant species. ErC50, Pseudokirchneriella subcapitata (green algae), 72 Hour, > 5.4 mg/l, OECD Test Guideline 201 ErC50, Myriophyllum spicatum, 14 d, 0.000919 mg/I NOEC, Myriophyllum spicatum, 14 d, 0.0000954 mg/I Page 6 of 11 Toxicity to Above Ground Organisms Material is practically non-toxic to birds on an acute basis (LD50 > 2000 mg/kg). oral LD50, Colinus virginianus (Bobwhite quail), > 2500mg/kg bodyweight. oral LD50, Apis mellifera (bees), 48 Hour, > 212.2pg/bee contact LD50, Apis mellifera (bees), 48 Hour, >200pg/bee Toxicity to soil -dwelling organisms LC50, Eisenia fetida (earthworms), 14 d, mortality, >2,500 mg/kg Persistence and degradability florgvra uxife n -be nzvl Biodegradability: Material is expected to biodegrade very slowly (in the environment). Fails to pass OECD/EEC tests for ready biodegradability. 10 -day Window: Fail Biodegradation: 14.6% Exposure time: 29 d Method: OECD Test Guideline 301 B Stability in Water (1l2 -life) Hydrolysis, DT50, 913 d, pH 4, Half-life Temperature 25 °C Hydrolysis, DT50, 111 d, pH 7, Half-life Temperature 25 °C Hydrolysis, DT50, 1.3 d, pH 9, Half-life Temperature 25 °C Ethvlhexanol Biodegradability: Material is readily biodegradable. Passes OECD test(s) for ready biodegradability. Material is 5 d -72016 ultimately biodegradable (reaches > 70% mineralization in OECD test(s) for inherent 20 d 86-87% biodegradability). 10 -day Window: Not applicable Biodegradation: > 95 % Exposure time: 5 d Method: OECD Test Guideline 302B or Equivalent 10 -day Window: Pass Biodegradation: 68% Exposure time: 17 d Method: OECD Test Guideline 301 B or Equivalent Theoretical Oxygen Demand: 2.95 mg/mg Chemical Oxygen Demand: 2.70 mg/mg Biological oxygen demand (BOD) Photodegradation Test Type: Sensitizer: Atmospheric half-life: Method: Half-life (indirect photolysis) OH radicals 9.7 Hour Estimated. Page 7 of 11 Incubation Time BOD 5 d -72016 10d 75-811. 20 d 86-87% Photodegradation Test Type: Sensitizer: Atmospheric half-life: Method: Half-life (indirect photolysis) OH radicals 9.7 Hour Estimated. Page 7 of 11 Methanol Biodegradability: Material is readily biodegradable. Passes OECD test(s) for ready biodegradability. 10 -day Window: Pass Biodegradation: 99% Exposure time: 28 d Method: OECD Test Guideline 301 D or Equivalent Theoretical Oxygen Demand: 1.50 mg/mg Chemical Oxygen Demand: 1.49 mg/mg Dichromate Biological oxygen demand (BOD) Incubation Time BOD 5d 72% 20d 79% Photodegradation Test Type: Half-life (indirect photolysis) Sensitizer: OH radicals Atmospheric half-life: 8-18 d Method: Estimated. Balance Biodegradability: No relevant data found. Bioaccumulative potential F to rpyra uxife n -be nzvl Bioaccumulation: Bioconcentration potential is moderate (BCF between 100 and 3000 or Log Pow between 3 and 5). Partition coefficient: n-octanol/water(log Pow): 5.5 at 20 °C Bioconcentration factor (BCF): 356 Lepomis macrochirus (Bluegill sunfish) 30 d Ethvlhexanol Bioaccumulation: Bioconcentration potential is moderate (BCF between 100 and 3000 or Log Pow between 3 and 5). Partition coefficient: n-octanol/water(log Pow): 3.1 Measured Methanol Bioaccumulation: Bioconcentration potential is low (BCF < 100 or Log Pow < 3). Partition coefficient: n-octanol/water(log Pow): -0.77 Measured Bioconcentration factor (BCF): <10 Fish Measured Balance Bioaccumulation: No relevant data found. Page 8 of 11 Mobility in soil Florpyrauxifen-benzyl UN 3082 Class Expected to be relatively immobile in soil (Koc > 5000). Packing group Partition coefficient (Koc): 34200 Ethvlhexanol Florpyrauxifen-benzyl Transport in bulk Potential for mobility in soil is low (Koc between 500 and 2000). according to Annex I or 11 Partition coefficient (Koc): 800 Estimated. Methanol IBC or IGC Code Potential for mobility in soil is very high (Koc between 0 and 50). Partition coefficient (Koc): 0.44 Estimated. Balance No relevant data found. Section 13. Disposal considerations Disposal methods: If wastes and/or containers cannot be disposed of according to the product label directions, disposal of this material must be in accordance with your local or area regulatory authorities. This information presented below only applies to the material as supplied. The identification based on characteristic(s) or listing may not apply if the material has been used or otherwise contaminated. It is the responsibility of the waste generator to determine the toxicity and physical properties of the material generated to determine the proper waste identification and disposal methods in compliance with applicable regulations. If the material as supplied becomes a waste, follow all applicable regional, national and local laws. Section 14. Transport information DOT Not regulated for transport Classification for SEA transport (IMO•IMDG): Proper shipping name Environmentally hazardous substance, liquid, n.o.s. (Florpyrauxifen-benzyl) UN number UN 3082 Class 9 Packing group III Marine pollutant Florpyrauxifen-benzyl Transport in bulk Consult IMO regulations before transporting ocean bulk according to Annex I or 11 of MARPOL 73/78 and the IBC or IGC Code Classification for AIR transport (IATA/ICAO): Proper shipping name Environmentally hazardous substance, liquid, n.o.s. (Florpyrauxifen-benzyl) UN number UN 3082 Class 9 Packing group III This information is not intended to convey all specific regulatory or operational requirements/information relating to this product. Transportation classifications may vary by container volume and may be influenced by regional or country variations in regulations. Additional transportation system information can be obtained through an authorized sales or customer service representative. It is the responsibility of the transporting organization to follow all applicable laws, regulations and rules relating to the transportation of the material. Page 9 of 11 I Section 15. Requlatory information OSHA Hazard Communication Standard Superfund Amendments and Reauthorization Act of 1986 Title III (Emergency Planning and Community Right -to -Know Act of 1986) Sections 311 and 312 Superfund Amendments and Reauthorization Act of 1986 Title III (Emergency Planning and Community Right -to -Know Act of 1986) Section 313 Pennsylvania Worker and Community Right -To -Know Act: California Proposition 65 (Safe Drinking Water and Toxic Enforcement Act of 1986) United States TSCA Inventory (TSCA) This product is not a "Hazardous Chemical' as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. This product is not a hazardous chemical under 29CFR 1910.1200, and therefore is not covered by Title III of SARA. This material does not contain any chemical components with known CAS numbers that exceed the threshold (De Minimis) reporting levels established by SARA Title III, Section 313. The following chemicals are listed because of the additional requirements of Pennsylvania law: Components CASRN Ethyl hexanol 104-76-7 WARNING: This product contains a chemical(s) known to the State of California to cause birth defects or other reproductive harm. This product contains chemical substance(s) exempt from U.S. EPA TSCA Inventory requirements. It is regulated as a pesticide subject to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requirements. Secti®n 16. Other information Hazard Rating System National Fire Protection Association (U.S.A.) Health: 1 Flammability: 1 Instability: Leaend ACGIH USA. ACGIH Threshold Limit Values TL C Ceiling CAL PEL California permissible exposure limits for chemical contaminants Title 8, Article 107 Dow IHG Dow Industrial Hygiene Guideline OSHA Z-1 USA. Occupational Exposure Limits OSHA —Table Z-1 Limits for Air Contaminants PEL Permissible exposure limit SKIN Absorbed via skin SKIN, BEI Absorbed via Skin, Biological Exposure Indice STEL Short term exposure limit TWA Time weighted average Page 10 of 11 History Date of issue mm/dd/yyyy 10/09/2017 Version : 1.0 Notice to reader To the best of our knowledge, the information contained herein is accurate. However, neither the above-named supplier, nor any of its subsidiaries, assumes any liability whatsoever for the accuracy or completeness of the information contained herein. Final determination of suitability of any material is the sole responsibility of the user. All materials may present unknown hazards and should be used with caution. Although certain hazards are described herein, we cannot guarantee that these are the only hazards that exist. Page 11 of 11