July

14, 2008
Joe Hogue US EPA/OPPTS (7506

- P) 1200 Pennsy lvania Ave N.W. Washington, D.C. 20460 Dear Mr. Hogue; As a member of the Small Entity Representative regarding the impact of potential new requirements to the Agency regarding Ag Worker Protect ion Standards, I will respond to both the PowerPoint presentation and the written questions that were presented to us. I have the following thoughts:
From PowerPoint Slides : I understand the need for additional training for fumigation, chemigation and a erial application, but don’t quite understand the need for compound 1080 and M

- 44. Those baits do not pose a risk for human risk for application, whereas the other compounds have a acute toxicity

level that should require additional training. Regarding m inimum age, Iwould have to disagree with many of the Small Entity Representatives (SER’s) that were on the conference call that did not believe that a minimum age should be established. I could forsee a large PR nightmare if a worker were to get sick and it be determined that a 14 ye ar old was responsible for the sickness. Rather, I believe a minimum age of between 16

- 18 should be established for commercial applicators. I would also agree with the prescribed method for testing, as outlined. However, re garding private applicators, I believe a minimum age of 16 is appropriate. Regarding, ensuring competency of non

- certified applicators appl yi ng Restricted Use Pesticides (RUP) under the supervision of a certified applicator , Iagree with all the proposed standards, but would want to see some leniency regarding possession of the label. We are allowed to have the label within a reasonable distance of the application site, but not to be carried on the applicator’s person. Regarding i mprov ing protections to workers from Restricted Entry I ntervals (REI) , oral and written notification in my mind is not feasible. You cannot foretell who will be entering a given treated field, nor can you guard the field. Rather, posting for only Restricted Use Pesticides , or o ther materials that may have a high dermal exposure makes sense. In our table grapes, we can spray up 3 times per month for approximately a 4 month period, and during our gibrellic acid spray period, we are literally

spraying every

4 day s for about three weeks. Such oral and written notifications would take up to 1 hour per each spray

performed to notify

every possible person that COULD enter that field before the end of the REI. As a small business employ er, I do not have the time to inform in such a manner Rather, place the requirement where it belongs, on RestrictedUse Pesticides instead, and place a reasonable posting requirement on that field....at the

very least on each possible entry point and on each corner.....no more than that. Also requiring a shower and changing area seems unreasonable. I do not have a shower facility on m y properties, but rather a metal shed, hoses and electricity. Placing a requirement for a shower would be an undue requirement for me and could cost me in the tens of $1,00 0 for each ranch site that I have, especially those that do not have water or electricit y nearb y. Rather, the use of PPE for handlers, mixer loaders would make more sense. We give our handlers a Ty vek suit when they

mix and load.
C holinesterase testing restrictions were not very clear. Therefore, it was somewhat difficult to address. Regarding eliminating closed cabs.....this to me appears to be the best protection against drift. I f the issue is the filtration sy stem, encourage the manufacturers to deve lop new, better filters that provide some protection, or require some filter overwrap that provides the needed protection, but please do not eliminate closed cabs. It is the cheapest, quickest way to protect those who appl y materials.
From Written quest ions: Apply ing RUP’s under supervision: y es, a supervisor should be somewhat close, but I am more concerned with the ability to communicate when there is a problem. Requiring some form of communication, Ibelieve, is more cost effective for small busines s, as most if not all would have two

- way s or cell phones. I do not think that would be an additional burden or cost. The current 5 day

grace period and its elimination is not really a cost issue, but more of timeliness issue. For me, the grace period al lows me flexibility if I am busy

on the first couple of day s to provide me more time to complete the training. Again, a small business person is handling multiple tasks. Training every five y ears makes sense, but if there is concern with this, then requi re a written document showing that training has taken place rather than increasing the frequency . Specific, documented training should be for Restricted Use Pesticides, not on all product use . I am more concerned with appropriate training where the need dictates rather than just training for training sake. I’ve alread y addressed posting, but to respond to the written question, posting could be quite difficult and time consuming. In a given ye ar, I could spray m y table grape viney ard up to 15 times (herb icide, foliar spray s, pesticides, fungicides, fertilizers). As I mentioned above, I could do 5

- 6 spray s within a three week period. Posting would take up a very large chunk of my

time. I would rather post for RUP’s. The only time I expect earl y reentry is for irrigation, which would be opening valves at the end of the row, for about 1 hour per day

over a 2 day

irrigation period. Minimal contact with foliage occurs during this time.A No

- Entry zone around the field would have a disastrous impact upon u s. We have shared avenues with other producers, who are growing different crops, with different spray schedules.....this is impossible to accept. Regarding MSDS’s, unless y ou subscribe to a service, it is very difficult to obtain them. I have asked for th em from my pesticide dealer, and they don’t alway s have them, and try ing to get them from the manufacturer is very difficult for a small business. They just don’t have the manpower to get us what we need and we don’t have the clout (because of our low vol ume purchasing) to get their attention. I hope m y comments have been helpful. Please let me know if I can answer and questions. Sincerel y,

Richard Matoian