VIA EMAIL: dpr12001@cdpr.ca.gov

June 4, 2012

Linda Irokawa

- Otani Regulations Coordinator Department of Pesticide Regulation 1001 I Street, P.O. Box 4015 Sacramento, California 95812

- 4015

RE : DPR 12

- 001 Volatile Organic Compounds in the San Joaquin Valley Ozone Nonattainment Area

Dear Ms. Irokawa

- Otani:

On behalf of California Grape & Tree Fruit League , a nonprofit agricultural trade association representin g fresh grape, berry, and decidu ous tree fruit grown in California, I write to comment on the proposed action on nonfumigant use prohibitions on certain crops in the San Joaquin Valley ozone nonattainment area when using products with agricultural uses containing abamectin, chlorpyrifos, gibberellins, or oxyfluorfen during May 1 through October 31 if the volatile organic compoun d (VOC) emission limit is triggered. For f

resh table grape s, growers need the flexibility to utilize an array of plant health materials to produce a marketable crop in the face of weather related challenges and pest pressures. The proposed

action to limi t the use of the liquid form of gibberellins will disrupt cultural practices employed by fresh grape growers in the San Joaquin Valley. As you may know, gibberellins have multiple beneficial uses in a table grape vineyard. For example, gibberellins are a pplied in a vineyard before bloom to stretch the berry cluster. The pre

- bloom application creates a looser berry cluster, allowing for better air circulation which can reduce incidences of fungal disease . Gibberellins are also applied at bloom as a thinn ing spray to reduce the number of berries in a bunch, which serves to aid the growth and maturation of remaining berries. Following berry set, sizing sprays are applied to promote growth and development. Stretch, thinning, and sizing sprays directly co ntribute to proper growth and development by enhancing the architecture of the grape bunch to create spacing and sizing benefits while reducing the need to use additional fungicide materials to combat disease. The current proposal to limit use of liquid f ormulations to 8 grams AI/acre widel y underestimates table grape needs for proper development.

The proposed limitation to 8 grams AI/acre for all table grape varieties overlooks variety specific cultural practices. According to the survey used to support the 8 grams AI/acre recommendation

, Proposed Exemptions to San Joaquin Valley Ozone Nonattainment Area Use Restrictions , emphasis was placed on thinning and sizing “needs” for the varieties Ruby Seedless and Crimson Seedless, while all othe r varieties were combined under “Other.” Thinning application recommendations for use of gibberellins suggested rates as low as 0.5 to 1 gram s AI/acre, and up to 16 grams AI/acre for sizing applications for Ruby Seedless as sufficient to ensure proper dev elopment and maturation . Of concern, the survey

influenced the decision to set the exemption rate at 8 grams AI/acre; a rate which does not account for the

### 2

full range of gibberellins uses and use rates, within cultural practices for table grape production

. Label language on gibberellins ranges from 8

- 24 grams AI/acre as a pre

- bloom application, 0.5 gr ams AI/acre to 20 grams AI/acre as a thinning application, and 20

- 128 grams AI/acre for sizing applications. Application rates of gibberellins vary dependin g on grape variety and growers are careful to calculate the amount requisite for optimal development and maturity knowing that both under and over application of gibberellins can delay development on color and sugar, negatively affect maturation, and/or re duce

fruitfulness which can severely impact the marketability of the crop. The proposal’s potential impact is further compounded by the challenges that exist with measurement of non

- liquid formulations, as conversion from liquid to power is not easily mea surable . Table grape growers cannot supplant assumption for precision in identifying the requisite amount(s) for applications to support the development of a crop. The potential for altering gibberellins programs, under a proposal that woefully underestimates use rates required for stretch, thinning, and sizing sprays, is highly concerning given the devastating effects from restricting use of liquid g ibberellins on table grapes to no more than 8 grams AI/acre, regardless of application purpose. Moreover, the proposal’s potential to affect cultural practices by restricting use away from liquid gibberellins also has the potential to increase labor costs if growers are left with fewer options and are forced to bear the added expense of manu al thinning.

The need for nonfumigant use prohibitions in the San Joaquin Valley ozone nonattainment area when using products with agricultural uses containing abamectin, chlorpyrifos, gibberellins, or oxyfluorfen during May 1 through October 31 if the vo latile organic compound (VOC) emission limit is triggered

should be re

- examined in light of the correction for b ifenthrin V OC emissions, lowering the 2010 emissions average from 16.8 to 15.5 tons per day, 24% less than the State Implementation Plan reducti on goal of a 12% reduction from 1990 levels, or an 18.1 tons per day average. As a result of the adjustment,

we ask DPR to re

- consider the continued development of the current form of the draft regulation and engage affected stakeholders to incorporate gr eater flexibility for nonfumigant use. The current draft regulation should rectify the inability to remove an active ingredient as a regulated material, for purposes of the draft proposal, if use patterns demonstrate it no longer fits the selection crite ria for top nonfumigant

VOC contributor. If use patterns change resulting in a reduction in pesticide VOC emissions for a particular active ingredient it would not be fair to continue to apply u se restric tions in light of updated

data.

Thank you for th e comment opportunity. The scope of any such regulation should strive to be effective in reducing risk of reaching the trigger limit while only focusing on what is absolutely necessary to remain below the trigger. The California Grape & Tree Fruit League views this as an occasion to provide

information to DPR to assist in the understand ing of the benefits of important materials, such as gibberellins, and needs for optimal table grape development. Should you have additional questions please

do not hesitat e to contact me at the League by email ( cvaladez@cgtfl.com ) or by calling the League

office.

Sincerely,

Christopher Valadez Director, Environmental & Regulatory Affairs