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Anahw Awtuem d l*;cie @y f-emr Ples Spradley AAPSE President C/O University of Arkansas Extension

2301 S. University Liftle Rock, AR 72204 501-671-2234
October 29,2008

Ms. Veronique Lacapra Special Review and Registration Division Office of PesticideProgramsRegulatory Docket (7502P) US Environmental ProtectionAgency 1200 Pennsylvania

Ave., NW Washington,

DC 20460-0001

RE: Reregistration Eligibility Decision (RED) for Soil Fumigant Dockets EPA-HQ-OPP-2005: 0123 Methyl Bromide, 0124 1,3 Dichloropropene,}l25 Metam Sodium, 0l28 Dazomet, 0252 lodomethane,and 2007-0350 Chloropicrin

The comments below were submitted via Regulationr.g'ov on October 29,2008

The American Association of PesticideSafety Educators(AAPSE) is a professionalorganization that represents

StateLead Agency applicator certification management personneland state Cooperative Extension pesticide safety educator faculty and staff, including county extension agentsand specialists

who conduct pesticide safetyeducationprograms. AAPSE also has associate

membersfrom the agrichemical industry, pest control companies, and nongovernmentalagencies. AAPSE membersdevelop and review pesticide safety education programs (materials and methods),develop and assess certification exams,

track certification of applicators,and assess the quality and impact of theseprograms.

In reviewing the Soil Fumigant fact sheet and REDs, AAPSE has someareas of agreement

and other areas

ofconcern.

RED Issue #1. Classification of all soil fumigants as federally restricted use (R{IP). AAPSE supports

this decision.We stress that this allows states

to implement mitigation through their existing Certification and Training Programs.

AAPSE suggests

there are other RUP and certification measures that could be considered to mitigate the risks associated with soil fumigants that may remove the needfor severalother proposedRED mitigation measures. For example,EPA could utilize the RestrictedUse Pesticide box on soil fumigant labelsto restrict application of soil fumigants to only certified applicators with no provision for direct supervisionof uncertified applicators(For retail sale and useonly by Certified Applicators and onlyfor those uses covered by the Certified Applicator's certification; Direct supervision is prohibited). However, AAPSE recognizes this idea and other potential certification or RUP restrictions require fuither evaluation and development.As an association we offer our expertiseand advice on identifying and evaluatingvarious strategies

to reducetheserisks by certification, initial training, and recertification measures.We believe it is important for EPA's Certification and Worker Protection Branch as well asthe Registration Division to be involved in any discussions with interested

parties. We also urge EPA to seek

the advice and input of the Association of American PestControl OfFrcials (AAPCO), the Certification and Training Advisory Group (CTAG), and other stakeholders on these issues.

RED Issue #2. Label-mandated, registrant-provided training. AAPSE has clearly outlined to EPA its concerns for label-mandated,

registrant-provided

training in a July 28, 2008letter from our Association to Debbie Edwards on the herbicide picloram. EPA reviewed the submitted comments and agreedto remove the requirement for registrant-provided training. If EPA pursues a label-mandated

certification or training requirement, AAPSE strongly suggests the requirement fall within existing Certification & Training Programs with the State Lead Agencies and CooperativeExtension Service working cooperativelywith EPA's Certification and Worker Protection Branch.

AAPSE strongly supports registrant-provided stewardship programs as long as they are not mandatedon the label with corresponding compliance issues

(tracking, recordkeeping, requirements

for point of sale,etc.). Current Certification & Training Programsin states with a fumigation or soil fumigation categoryrely on collaborative efforts of the StateLead Agencies, Cooperative Extension Service,application equipmentand agrichemicaldealers, and product registrants.

RED Issue #3. Notice to State and Tribal Lead Agencies. AAPSE membersare also concerned for the burden on statelead agencies regarding notification. Notification could be burdensome for states

to process,

track, conduct enforcement activity, and process freedom of information requests.

AAPSE appreciates

EPA's consideration

of the above concerns

relatedto the soil fumigant fact sheetand REDs. We look forward to working directly with EPA to assess Certification and Training programsas a mitigation function

Bill Diamond, Kevin Keaney, FEAD Jack Peterson,

SFIREG Chair Maureen Serafini"AAPCO President Roger Flashinski, CTAG Co-Chair Dirk Helder, SRRD