[Code of Federal Regulations] [Title 33, Volume 3] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 33CFR273.18] [Page 369-371] TITLE 33--NAVIGATION AND NAVIGABLE WATERS CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE PART 273_AQUATIC PLANT CONTROL--Table of Contents Sec. 273.18 Clearinghouse coordination. Procedures prescribed under Sec. 384.15 of Chapter II will be observed. Appendix A to Part 273--Aquatic Plant Control Program Legislative Authority Section 104 of the Rivers and Harbors Act, approved 3 July 1958 (72 Stat. 297, 300), as amended by section 104 of the Rivers and Harbors Act of 1962 (76 Stat. 1173, 1180), and as amended by section 302 of the Rivers and Harbors Act, approved 27 October 1965 (79 Stat. 1092) states as follows: Sec. 302(a) There is hereby authorized a comprehensive program to provide for control and progressive eradication of waterhyacinth, alligatorweed, Eurasian watermilfoil, and other obnoxious aquatic plant growths, from the navigable waters, tributary streams, connecting channels, and other allied waters of the United States, in the combined interest of navigation, flood control, drainage, agriculture, fish and wildlife conservation, public health, and related purposes, including continued research for development of the most effective and economic control measures, to be administered by the Chief of Engineers, under the direction of the Secretary of the Army, in cooperation with other Federal and State agencies. Local interests shall agree to hold and save the United States free from claims that may occur from control operations and to participate to the extent of 30 per centum of the cost of such operations. Costs for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government. (b) There are authorized to be appropriated such amounts not in excess of $5,000,000 annually, as may be necessary to carry out the provisions of this section. Any such funds employed for control operations shall be allocated by the Chief of Engineers on a priority basis, based upon the urgency and need of each area, and the availability of local funds. Appendix B to Part 273--Information Requirements for Aquatic Plant Control Program Reports 1. Location and brief description of problem area if necessary for understanding environmental factors, including a suitable map (appendix). 2. Statement of problem with brief description of physical factors pertaining thereto, including identification by common and scientific name of the plant or plants concerned, origin of infestation and likely source of reinfestation; extent of infestation including estimated surface area, depth or density; nature of physical and economic [[Page 370]] damages occasioned by presence of the infestation; and other information clarifying the nature and magnitude of the problem. Explanation should be given of how and why the infestation meets the principal criteria governing the program. 3. Preliminary plan of procedure, if any, for control operations or engineering works, including control methods, materials, equipment and procedures that may be employed. If sufficient information is not available to outline a preliminary plan for operation control, the report should include a brief statement of the special problems in control methods that need to be resolved before detailed planning can be undertaken. 4. Preliminary project cost estimates broken down into planning and operation costs for Federal and non-Federal budgeting. The report should present sufficient data concerning cost estimates for review by item and unit price. 5. Preliminary economic evaluation with approximation of benefits and brief summary of supporting data classified as general or local. 6. Discussion of availability of authority for State participation in the program, the interest of State agencies in such participation, and the likelihood of State funds being available for cost-sharing required for any control operations. 7. Cost estimate for subsequent preparation of a detailed planning report, and estimated length of time to complete after receipt of funds, and schedule of funding by fiscal years. Appendix C to Part 273--Information Requirements for Aquatic Plant Control Program Environmental Impact Statements 1. Description of the problem. a. Pests. Identify the pest to be controlled by common name. Be as specific as possible. b. Location and size of infestation. Describe the target area as specifically as possible. c. Severity of infestation. Discuss the degree and importance of the pest problem. d. History of infestation. Discuss obvious development as established. e. Criteria for identification of the treatment areas. Include technical details as established. f. Possible cumulative effects of the proposed action in relation to other Federal or non-Federal pesticides application in the treatment area. g. Relationship to environmental situation. Non-target organisms and integrated pest management programs. 2. Program accomplishments: a. Goals. Discuss practical control levels. b. Monitoring accomplishment level. 3. Identification of each chemical: a. Name. Use common or coined names, and/or chemical name. b. Active ingredient. Give name and percentage. c. Status of Federal registration. Give registration number. 4. Application: a. Form applied. Dust, granule, emulsion, bait solution, gas, etc. b. Choice of equipment and techniques. Discuss general details of method of application. c. Use strength. Give concentration of the active ingredient as applied. d. Rate. Give rate of application in pounds per acre or other rate. e. Frequency. Discuss probable frequency of application. f. Acreage or other descriptive unit. Discuss area of proposed control. g. Site description. Lake, river, drainage canal, irrigation canal, etc. h. Sensitive areas. Discuss areas of potential contamination. i. Container disposal. Discuss disposal requirements. j. Safety precautions. Discuss hazards of exposure. 5. Alternative measures: Discuss details of alternative methods of control. Appendix D to Part 273--Work Progress Report Aquatic Plant Control Program (Example) District: Vicksburg. Year Ending: 1 December 1974. Division: Lower Mississippi Valley. Date Submitted: 15 December 1974. 1. Status of contracts scheduled for award in current fiscal year. ------------------------------------------------------------------------ Scheduled award Contract date Actual award date ------------------------------------------------------------------------ Plant control operations........ July 1973......... July 31, 1973. ------------------------------------------------------------------------ 2. Comparison of scheduled and actual current FY obligations and expenditures to date. ------------------------------------------------------------------------ Approved Mar. 28, Actual Difference 1974 ------------------------------------------------------------------------ Obligations............................. $4.7 $3.2 -$1.5 Expenditures............................ 4.1 2.9 -1.2 ------------------------------------------------------------------------ 3. Explanation of difference. Not applicable. 4. Outlook for meeting programmed objectives. a. Programmed objectives. Full utilization of work allowance. b. Outlook. We expect to meet our programmed objectives. 5. Problems and corrective action taken or proposed action. Not applicable. [[Page 371]] 6. Status of over-all program progress. Contract for plant control operations was awarded in July 1973 to take advantage of last part of plant growing season. Plant control operations began in October 1973 and have been completed for this fiscal year. Surplus funds in the amount of $21,700 will be revoked. Appendix E to Part 273--Preventive Safety Measures in Handling of Herbicides 1. Follow the label on each container before using the contents. The manufacturers are required by law to list recommendations and precautions. 2. Weather conditions are important. Winds could carry toxic sprays and dusts to areas not under your control, causing accidental poisoning to the public or domestic animals. 3. Smoking is not permitted while herbicides are being handled. 4. All herbicides must be handled in well ventilated areas to minimize inhalation of toxic vapors. 5. Shower and washing facilities must be near herbicides mixing areas. 6. Any contamination of the skin, particularly with liquid concentrations or solutions, must be immediately washed off with detergent and water. 7. Protective clothing is used in conjunction with respiratory protective devices to prevent skin contact and inhalation of herbicides. Recommended articles of protective clothing are rubber aprons, coveralls, chemical splash goggles, safety shoes and hard hats. A lightweight water and chemical resistant throw away type protective clothing that is impervious to herbicides is now available. In warm geographical areas this type of lightweight protective clothing would be beneficial in reducing physical stress to applicators. Additional protection is afforded by protective skin cream. 8. Clothing contaminated by spillage must be removed immediately and thoroughly laundered before wearing. Special care is required to prevent contamination of the inside of gloves. 9. Approved respirators must be worn while herbicides are being mixed, and when dusts or liquids are being handled or sprayed. Care should be exercised when selecting the respirator type to insure that it is designated specifically for the substance to be used. Each canister must be labeled and approved by the Bureau of Mines or HEW (NIOSH). Filters or canisters must be changed after 8 hours use and more often if odor of the herbicide is detected. (Always have extra cartridges available when needed.) 10. Herbicide storage, mixing and formulation facilities. a. All herbicides must be stored in a dry, well ventilated, separate room, building or covered area not accessible to authorized personnel or the public and placed under lock and key. b. Identification signs should be placed on rooms, buildings, and fences to advise of the contents and warn of their hazardous nature. c. Where applicable, label the outside of each storage with the ``Danger,'' ``Poison,'' and ``Pesticide Storage'' signs. d. Fire extinguishers must be installed near door of material storage room. Diluted oil based herbicides are flammable and must be stored separate from other materials. e. All herbicide storage, mixing and formulation areas must have adequate ventilation in order to reduce inhalation of toxic vapors. Sparkproof lighting fixtures should be installed in closed storage areas to eliminate ignition hazards. 11. Empty herbicide containers must be disposed of properly. Do not burn them. When herbicides or defoliants volatize, the resulting vapors may be poisonous to humans, and they may damage nearby plants, crops or shrubbery; also, herbicides or defoliants containing chlorates may be a serious fire hazard when heated. 12. Glass herbicide containers should be disposed of by breaking. Chop holes in top, bottom, and sides of metal containers or crush them so they cannot collect water or be reused. After breaking or puncturing them, bury the containers at least 18 inches deep in an isolated area provided for this purpose, away from water supplies or high water tables. Records to locate such buried herbicides within the landfill site should be maintained. Post warning signs. 13. Safety programs developed for the safe handling and mixing of toxic chemicals should be coordinated with the Safety Office prior to implementation.