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 Eligibili ty D ecision (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 C hlor opicrin

The Association of American Pesticide Control Officials (AAP CO ) 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 pesti cides 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 SF IREG’s review of the Soil Fumigant Fact sheet s 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. SF IREG agree s 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 c learly indicated in every meeting AAPCO and SFIREG has attended o ur concern o ver 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

.www.azda.gov

RED Issue #3. Notice to State and Tribal Lead Agencies

. Members a re 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 n efarious purposes.

RED Issue # 4 Buffer Zones. Members understa nd 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 req uirements.

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 th at 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 als o 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

Affair s, 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 appreciate d 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

Ji m Gray, POM Committee Chair Davis Daiker, WQ & PD Committee Chair Ples Spradley, AAP SE President