www.azda.gov

JANET NAPOLITANO

 Governor 

 

DONALD BUTLER

Director

Arizona Department of Agriculture

1688 W. Adams Street, Phoenix, Arizona 85007

(602) 542-3575 FAX (602) 542-0466

October 30, 2008

Mr. Steven Weiss

Special Review and Registration Division

Office of Pesticide Programs Regulatory Docket (7502P)

US Environmental Protection Agency

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,0125 Metam Sodium, 0128 

Dazomet, 0252 Iodomethane, and 2007-0350 Chloropicrin 

The Association of American Pesticide Control Officials (AAPCO) is an organization of the pesticide 

lead agencies that deal with the regulation of pesticide use and certification of pesticide applicators. The 

regulatory agencies that make up AAPCO have staff in the field doing the inspections, observing actual 

use of pesticides and ensuring the competency of pesticide applicators. The State FIFRA Issues and 

Evaluation Group (SFIREG) was established by AAPCO to work closely with the EPA to provide 

analysis, practical input and feedback on pesticide related topics. 

In SFIREG’s review of the Soil Fumigant Fact sheets and REDs and in the presentations we have 

received from the EPA, we realize this is a complex and detailed issue that will lead to major changes in 

how soil fumigants are used in most parts of the country. SFIREG agrees with some of the ideas and has 

concern with several of the issues addressed. We will be providing limited comments in anticipation that 

SFIREG will continue to be actively engaged in providing feedback on the soil fumigant issue. The 

comments submitted represent those areas for which the EPA and state representatives on SFIREG have 

had the most concerns. 

RED Issue #1. Label-mandated, registrant-provided training. We have clearly indicated in every 

meeting AAPCO and SFIREG has attended our concern over label-mandated, registrant-provided 

training. We submitted similar comments relating to picloram label mandated training. EPA recently 

stated that the requirement for registrant-provided training will be removed from picloram labels. An 

agreement between the registrant and EPA to provide training which is not on the label is a better 

approach for most states. 

RED Issue #2. Classification of all soil fumigants as federally restricted use (RU). It is clear there is 

significant risk to the applicator and other handlers of soil fumigants. In addition, if misapplied, the risk 

to bystanders can be significant. For these two reasons, SFIREG supports the RU classification.
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RED Issue #3. Notice to State and Tribal Lead Agencies. Members are concerned about the potential 

burden regarding notification. The concern centers on what the states’ processes will be in tracking and 

conducting enforcement activity. This information in most instances will then be public which can then 

be used for nefarious purposes.

RED Issue # 4 Buffer Zones. Members understand the practical aspect of this, including roads and such 

not under the applicator’s control, but continue to have concerns over enforcement of this requirement 

and the associated posting requirements. 

SFIREG believes there are measures that can be identified to mitigate the risks associated with soil 

fumigants, through continued discussions and further research. An example of an even stronger risk 

mitigation strategy is the requirement that all persons applying the product be appropriately certified, i.e.: 

no allowance for direct supervision – applicator on site only. SFIREG offers EPA our expertise and 

advice on identifying and evaluating various strategies to reduce these risks. We also urge EPA to seek 

the advice and input of the American Association of Pesticide Safety Educators (AAPSE) and other 

stakeholders on these issues.

Finally, as this issue continues to move forward we encourage coordination with the Field and External 

Affairs, Certification and Worker Safety Branch to help minimize the impacts on the states and to avoid 

any chance for duplicity or conflict between two sets of requirements for the regulated community. 

SFIREG has appreciated the EPA involving our organization through this process. We look forward to 

continuing to work with the EPA regarding the development of these regulations and clear labeling for the 

soil fumigants. 

Sincerely,

Jack Peterson

SFIREG Chair

cc: Maureen Serafini, AAPCO President

Jim Gray, POM Committee Chair

Davis Daiker, WQ & PD Committee Chair

Ples Spradley, AAPSE President