Docket No. EPA-R09-OAR-2012-0194 Page 1

Docket Index

Revisions to the California State Implementation Plan Pesticide Element

Proposed Rule

(Docket No. EPA-R09-OAR-2012-0194)

April 16, 2012 – Revised May 9, 2012

A. Rulemaking Documents

A-1. Docket Index, Revisions to the California State Implementation Plan Pesticide 

Element, Proposed Rule (Docket No. EPA-R09-OAR-2012-0194), March 30, 2012

A-2. Approval and Promulgation of Implementation Plans; California; Revisions to the 

California State Implementation Plan Pesticide Element; Proposed rule. April 13, 

2012. Pre-publication version

A-3. Air Division, Environmental Protection Agency, Region 9, ―Technical Support 

Document Proposed Rule on the Revisions to Pesticide Element of the California State 

Implementation Plan,‖ April 13, 2012

B. SIP Submittals

B-1. Letter, James N. Goldstene, Executive Officer, California Air Resources Board, to 

Laura Yoshii, Acting Regional Administrator, Environmental Protection Agency

Region 9, October 12, 2009 (submitting field fumigant regulations adopted by the 

California Department of Pesticide Regulation) with attachments including:

a. State of California, Air Resources Board Executive Order S-09-011, Relating to 

Approval of Regulations to Achieve Pesticide Volatile Organic Compound 

Emission Reductions (October 12, 2009)

b. Memorandum, Christopher Reardon, Chief Deputy Director, California 

Department of Pesticide Regulations to James Goldstene, Executive Officer, 

California Air Resources Board; October 5, 2009, Subject: Fumigant Volatile 

Organic Compound Regulations

1. A copy of regulations from the following sections from Title 3, California 

Code of Regulations (3 CCR) for inclusion in California’s SIP, including and 

limited to

a) 3 CCR sections 6447 (first paragraph only) and 3 CCR sections 6447.3–

6452 pertaining to field fumigation methods

b) 3 CCR sections 6452.1 and 6452.4 and 3 CCR sections 6624–6626 

pertaining to the emission inventory

c) Portions of 3 CCR sections 6452.2 and 6452.3 pertaining to field 

fumigation limits and allowances only as applicable to the Ventura ozone 

nonattainment area

2. related rulemaking documents

B-2. Letter, James N. Goldstene, Executive Officer, California Air Resources Board to 

Laura Yoshii, Acting Regional Administrator, Environmental Protection Agency,
Docket No. EPA-R09-OAR-2012-0194 Page 2

Region 9, October 12, 2009 (submitting revised Pesticide Emission Reduction 

Commitment for the San Joaquin Valley by the California Department of Pesticide 

Regulation with attachments including

a. State of California, Air Resources Board Executive Order S-09-005, Relating to 

Approval of Amendments to the 2007 Ozone Plan for the San Joaquin Valley to 

Achieve Pesticide Emission Reductions (October 12, 2009)

b. Memorandum, Christopher Reardon, Chief Deputy Director, California 

Department of Pesticide Regulation, to James Goldstene, Executive Officer, 

California Air Resources Board; October 5, 2009, Subject: Amendment to the 

Pesticide Element of the Ozone State Implementation Plan

1. Director’s Decision to Adopt the Proposed SIP Commitment for the San 

Joaquin Valley dated April 17, 2009

2. Staff Report on the Department of Pesticide Regulation’s Proposed SIP 

Commitment for San Joaquin Valley, undated

3. Memorandum, Rosemary Neal, Ph.D., California Department of Pesticide 

Regulation to Randy Segawa, California Department of Pesticide Regulation, 

November 5, 2008; Subject: Update to the Pesticide Volatile Organic 

Inventory. Estimated Emissions 1990-2006, and Preliminary Estimates for 

2007.

4. Final Statement of Reasons and Public Report, Department of Pesticide 

Regulations, Title 3, CCR Amend Section 6452.2 Pertaining to Field 

Fumigant Emissions Limits, undated

5. Related rulemaking documents

B-3. Letter, James N. Goldstene, Executive Officer, California Air Resources Board to 

Jared Blumenfeld, Regional Administrator, Environmental Protection Agency Region 

9, August 2, 2011 (submitting revisions to the field fumigant regulations adopted by 

the California Department of Pesticide Regulation)

a. State of California, Air Resources Board, Executive Order S-11-015, Relating to 

Approval of Regulations to Achieve Pesticide Volatile Organic Compound 

Emission Reductions, August 2, 2011

b. Memorandum, Christopher Reardon, Chief Deputy Director, California 

Department of Pesticide Regulation to James Goldstene, Executive Officer, 

California Air Resources Board; July 20, 2011, Subject: Additional Fumigant 

Volatile Organic Compound Regulations

1. A copy of regulations from the following sections from 3 CCR for inclusion in 

California’s SIP, including and limited to

a) Title 3, California Code of Regulations (3 CCR) section 6400 pertaining to 

restricted materials

b) 3 CCR sections 6446, 6446.1, 6448.1, 6449.1, and 6450.1 pertaining to 

fumigation method restrictions
Docket No. EPA-R09-OAR-2012-0194 Page 3

c) Portions of 3 CCR sections 6452.2 and 6452.3 pertaining to field 

fumigation limits and allowances only as applicable to the Ventura ozone 

nonattainment area

d) 3 CCR section 6452.4 pertaining to the annual VOC emissions inventory 

report

e) 3 CCR sections 6624 and 6626 pertaining to pesticide use reports

2. related rulemaking documents

C. EPA Guidance Documents

C-1. State Implementation Plans; General Preamble for Proposed Rulemaking on Approval 

of Plan Revisions for Nonattainment Areas; General preamble for proposed 

rulemaking. 44 FR 20372 (April 4, 1979)

C-2. Memorandum, Craig Potter, Environmental Protection Agency, September 23, 1987 

―Review of State Implementations Plans and Revisions for Enforceability and Legal 

Sufficiency‖

C-3. Environmental Protection Agency, Office of Air Quality Plans and Standards, ―Issues 

Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,‖ May 25, 1998

C-4. State Implementation Plans; General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990; General preamble for future proposed 

rulemakings. 57 FR 13498 (April 16, 1992)

C-5. Memorandum, John Seitz, Director, Office of Air Quality Plans and Standards, 

Environmental Protection Agency to Regional Air Directors, November 30, 1999, 

―Guidance on the Reasonably Available Control Measure Requirement and 

Attainment Demonstration Submissions for Ozone Nonattainment Areas‖

C-6. Memorandum, John S. Seitz, Director, Office of Air Quality Planning and Standards, 

Environmental Protection Agency December 14, 2000, ―Additional Submission on 

RACM from States with Severe One-Hour Ozone Nonattainment Area SIPs‖

C-7. Environmental Protection Agency, Region 9, ―Guidance Document for Correcting 

Common VOC and Other Rule Deficiencies,‖ August 21, 2001

C-8. Clean Air Fine Particle Implementation Rule; Final rule. 72 FR 20586 (April 25, 

2007)

C-9. Memorandum, Tom Helms, Chief, Ozone/Carbon Monoxide Programs Branch, to 

George Czerniak, Chief, Air Compliance Branch, Environmental Protection Agencyh, 

Region V, March 30, 1994, Subject: Nitrogen Oxides (NOx) Questions from the Ohio 

EPA

D. Other Documents

D-1. Documents Related to the 1994 Pesticide Element and 1994 Ozone State 

Implementation Plan
Docket No. EPA-R09-OAR-2012-0194 Page 4

a. ―The State Implementation Plan for Agricultural and Commercial Structural 

Pesticides,‖ November 15, 1994

b. Letter, David P. Howekamp, Director, Air and Toxics Division, Environmental 

Protection Agency, Region 9 to James W. Wells, Director, California Department 

of Pesticide Regulation, March 20, 1995

c. Letter, James W. Wells, Director, California Department of Pesticide Regulation,

to David P. Howekamp, , Director, Air and Toxics Division, Environmental 

Protection Agency, Region 9, March 31, 1995

d. Letter, David P. Howekamp, Director, Air and Toxics Division, Environmental 

Protection Agency, Region 9 to James W. Wells, Director, California Department 

of Pesticide Regulation, April 21, 1995

e. Letter, James D. Boyd, Executive Officer, California Air Resources Board to 

Felicia Marcus, Regional Administrator, Environmental Protection Agency,

Region 9, May 11, 1995 transmitting Memorandum, James W. Wells, Director, 

California Department of Pesticide Regulation to James D. Boyd, Executive 

Officer, California Air Resources Board, May 9, 1995, re: 1994 State 

Implementation Plan

f. Letter, James M. Strock, Secretary for Environmental Protection, to Felicia 

Marcus, Regional Administrator, Environmental Protection Agency, Region 9, 

May 2, 1996 with Attachments 

g. Approval and Promulgation of Implementation Plans; California – Ozone; Notice 

of proposed rulemaking. 61 FR 10920 (March 18, 1996)

h. Letter, James D. Boyd, Executive Officer, California Air Resources Board to 

David Howekamp, Air Division Director, Environmental Protection Agency,

Region 9, June 13, 1996, with attachments A-C

i. Approval and Promulgation of Implementation Plans; California-Ozone; Final 

rule. 62 FR 1150 (January 8, 1997)

D-2. Documents Related to the 2003 State Strategy (including PEST-1) and Local 1-Hour 

Ozone and PM10 Plans

a. California Air Resources Board, Proposed 2003 State and Federal Strategy for 

the California State Implementation Plan, Release Date: August 25, 2003. (five 

files) with adoption resolution No. 3-22 (October 23, 2003) (six files)

b. California Air Resources Board, ―Staff Report Proposed 2003 State 

Implementation Plan Revisions for the South Coast Air Basin and Coachella 

Valley,‖ August 23, 2003

c. San Joaquin Valley Air Pollution Control District, Amended 2002 and 2005 Rate 

of Progress Plan for San Joaquin Valley Ozone, December 31, 2002 (hard copy 

only)

d. Approval and Promulgation of Implementation Plans for California—San Joaquin 

Valley PM-10 Nonattainment Area; Serious Area Plan for Attainment of the 24-

Hour and Annual PM-10 Standards; Final rule. 69 FR 30006 (May 26, 2004)
Docket No. EPA-R09-OAR-2012-0194 Page 5

e. San Joaquin Valley Air Pollution Control District, Extreme Ozone Attainment 

Demonstration Plan, October 8, 2004

f. Letter, James N. Goldstene, Executive Officer, California Air Resources Board, to 

Wayne Nastri, Regional Administrator, Environmental Protection Agency Region 

9, February 13, 2008

g. San Joaquin Valley Air Pollution Control District, Clarifications Regarding the 

2004 Extreme Ozone Attainment Demonstration Plan, July 21, 2008

h. California Air Resources Board, Staff Report, Proposed 2004 State 

Implementation Plan For Ozone In The San Joaquin Valley, Release Date: 

September 28, 2004

i. Approval and Promulgation of State Implementation Plans for Air Quality 

Planning Purpose; California – South Coast and Coachella; Final rule.70 FR 

69081 (November 14, 2005)

j. Approval and Promulgation of Implementation Plans; State of California; 2003 

State Strategy and 2003 South Coast Plan for One-Hour Ozone and Nitrogen 

Dioxide; Proposed rule. 73 FR 63408 (October 24, 2008)

k. Approval and Promulgation of Implementation Plans; Designation of Areas for 

Air Quality Planning Purposes; State of California; PM-10 Revision of 

Designation; Redesignation of the San Joaquin Valley Air Basin PM-10 

Nonattainment Area to Attainment; Approval of PM-10 Maintenance Plan for the 

San Joaquin Valley Air Basin; Approval of Commitments for the East Kern PM10 Nonattainment Area; Final rule. 73 FR 66759 (November 12, 2008)

l. Approval and Promulgation of Implementation Plans; State of California; 2003 

State Strategy and 2003 South Coast Plan for One-Hour Ozone and Nitrogen 

Dioxide; Final rule. 74 FR 10176 (March 10, 2009)

m. Approval and Promulgation of Implementation Plans: 1-Hour Ozone Extreme 

Area Plan for San Joaquin Valley, CA; Proposed rule. 74 FR 33933 (July 14, 

2009)

n. Letter, Brent Newell, Legal Director, Center on Race, Poverty & the 

Environment, August 31, 2009, ―Comments on Approval and Promulgation of 

Implementation Plans: 1-Hour Ozone Extreme Area Plan for San Joaquin Valley, 

CA (Docket No. EPA-R09-OAR-2008-0693)‖

o. Approval and Promulgation of Implementation Plans: 1-Hour Ozone Extreme 

Area Plan for San Joaquin Valley, CA; Final rule. 75 FR 10420 (March 8, 2010)

D-3. Documents Related to the Ventura Pesticide Element

a. California Air Resources Board, Proposed State Strategy for California’s 2007 

State Implementation Plan, Appendix H ―Revised, Proposed Revision to the 

Pesticide Element of the 1994 Ozone SIP for the Ventura County Nonattainment 

Area‖ August 13, 2007

b. Revisions to the California State Implementation Plan; Pesticide Element; 

Ventura County; Proposed rule. 73 FR 21885 (April 23, 2008)
Docket No. EPA-R09-OAR-2012-0194 Page 6

c. Revisions to the California State Implementation Plan; Pesticide Element; 

Ventura County; Final rule. 73 FR 41277 (July 18, 2008)

D-4. Documents Related to the 2007 State Strategy and Local 8-Hour Ozone and PM2.5

Plans

a. California Air Resources Board, Proposed State Strategy for California’s 2007 

State Implementation Plan (as adopted September 7, 2007)

b. California Air Resources Board, Proposed State Strategy for California’s 2007 

State Implementation Plan (as adopted September 27, 2007), Appendix A

c. South Coast Air Quality Management District, Final 2007 Air Quality 

Management Plan, Appendix III – Base and Future Year Emission Inventories,

June 2007

d. San Joaquin Valley Air Pollution Control District, 2007 Ozone Plan, April 30, 

2007, Appendix B

e. California Air Resources Board, 8-Hour Ozone State Implementation Plan 

Revisions for the South Coast and San Joaquin Valley Air Basins, July 21, 2011

f. Approval and Promulgation of Implementation Plans; California; 2008 San 

Joaquin Valley PM2.5 Plan and 2007 State Strategy; Final rule. 76 FR 69896 

(November 9, 2011)

g. Approval and Promulgation of Implementation Plans; California; South Coast 

Attainment Plan for the 1997 PM2.5 Standards; Final rule. 76 FR 69928

(November 9, 2011)

h. Air Division, Environmental Protection Agency, Region 9, ―Final Technical 

Support Document and Response to Comments Final Rule on the San Joaquin 

Valley 2007 Ozone Plan and the San Joaquin Valley Portions of the 2007 State 

Strategy,‖ December 15, 2011

i. Approval and Promulgation of Implementation Plans; California; 2007 San 

Joaquin Valley State Implementation Plan for the 1997 8-Hour Ozone Standard 

and 2007 State Strategy; Final rule. 77 FR 12652 (March 1, 2012)

j. Approval and Promulgation of Implementation Plans; California; 2007 South 

Coast; Implementation Plan for the 1997 8-Hour Ozone Standard and 2007 State 

Strategy; Final rule. 77 FR 12674 (March 1, 2012)

D-5. Documents Related to the Pesticide Emission Inventory

a. Frank Spurlock, Ph.D., California Department of Pesticide Regulation to John 

Sanders, Ph.D., Chief, Environmental Research Branch, California Department of 

Pesticide Regulation, January 7, 2002; Subject: Methodology for Determining 

VOC Emission Potentials of Pesticide Products

b. Rosemary Neal, Ph.D., California Department of Pesticide Regulation to Randy 

Segawa, California Department of Pesticide Regulation, November 5, 2008; 

Subject: Update to the Pesticide Volatile Organic Inventory. Estimated Emissions 

1990-2006, and Preliminary Estimates for 2007
Docket No. EPA-R09-OAR-2012-0194 Page 7

c. Rosemary Neal, Ph.D., Frank Spurlock, Ph. D., and Randy Segawa, California 

Department of Pesticide Regulation, ―Annual Report on Volatile Organic 

Compound Emissions from Pesticides: Emissions For 1990 – 2010,‖ March 29, 

2012 (six files)

d. Copy of web page: http://www.epa.gov/ttn/chief/ap42/index.html

e. Memorandum, Paul Gosselin, to Mark Pepple, February 13, 1997, Subject: 1990 

VOC Emission Inventory

f. Letter, James W. Wells, Director, California Department of Pesticide Regulation, 

to Marc Chytilo, Chief Counsel, Environmental Defense Center, February 18, 

1998

g. Memorandum, Frank Spurlock, Ph.D, California Department of Pesticide 

Regulation, to John S. Sanders, Ph.D., Chief, California Department of Pesticide 

Regulation, November 8, 2002, Subject: Pesticide Volatile Organic Compound 

Emissions Inventory 2002 Update: Estimated Emissions January-December 2001

h. Memorandum, Paul H. Gosselin, Chief Deputy Direct, California Department of 

Pesticide Regulation to Interested Parties, October 26, 2006, Subject: 2006 

Update of Volatile Organic Compound Emission Inventory with attachment 

Memorandum, Tamara L. Roush, Ph.D., Environmental Research Scientist, 

California Department of Pesticide Regulation, to John S. Sanders, Branch Chief, 

Environmental Monitoring Branch, California Department of Pesticide 

Regulation, October 24, 2006, Subject: 2006 Update to the Pesticide VOC 

Inventory: Estimated Emissions 1990-2004. 

D-6. Documents Related to the Fumigant Regulations

a. Email, Andrew Steckel, Environmental Protection Agency Region 9 to Randy 

Segawa, California Department of Pesticide Regulation, August 13, 2010

b. Letter, Andrew Steckel, Environmental Protection Agency Region 9 to Frank 

Spurlock, California Department of Pesticide Regulation and Mike Guzzetta, 

California Air Resources Board, November 2, 2010

c. Letter, Linda C. Murchinson, Chief, Planning and Technical Support Division, 

California Air Resources Board to Andrew Steckel, Environmental Protection 

Agency Region 9, February 9, 2011

d. Letter, Randy Segawa, California Department of Pesticide Regulation, to Andrew 

Steckel, Environmental Protection Agency, Region 9, June 1 2011, with 

attachments

i. Memorandum, John S. Sander, Ph.D. California Department of Pesticide 

Regulations to Terrell Barry, Ph.D. California Department of Pesticide 

Regulations, September 2, 2007. Subject: Pesticide Volatile Organic 

Compound Emission Adjustments For Field Conditions And Estimated 

Volatile Organic Compound Reductions–Revised Estimates (5 files)
Docket No. EPA-R09-OAR-2012-0194 Page 8

ii. Memorandum, Terri Barry, California Department of Pesticide

Regulations to Randy Segawa, December 2, 1999, Subject: Methyl 

Bromide Emission Ratio Groupings

iii. Memorandum, Terri Barry, California Department of Pesticide 

Regulations to Randy Segawa, January 29, 2010, Subject: Response to 

Public Comments on the Methyl Iodide Risk Characterization Document

iv. Memorandum, Bruce Johnson, California Department of Pesticide 

Regulations to Randy Segawa, California Department of Pesticide 

Regulations, January 23, 2009, Subject: Dominant Soil Types Associated 

with Fumigant Applications in Ozone Nonattainment Areas

v. Memorandum, Jeffrey L. Dawson, Health Effectives Division, 

Environmental Protection Agency, to John Leahy, Special Review and 

Reregisatration Division, Environmental Protection Agency, January 11, 

2011, Subject: Methyl Bromide (PC Code 053201), Choropicrin (PC Cod 

081501), Dazomet (PC Code 035602), Metam Sodium and Potassium (PC 

Codes 039003 and 039002), MITC (PC Code 068103), DP Barcode 

385314, Second Update to Health Effect Division Recommendations for 

Good Agricultural Practices and Associated Buffer Credit

e. Email, Randy Segawa, California Department of Pesticide Regulation to Nancy 

Levin, Environmental Protection Agency, Region 9, June 28, 2011, re: fumigant 

regulation questions

f. Letter, Randy Segawa, California Department of Pesticide Regulation, to Andrew 

Steckel, Environmental Protection Agency, Region 9, July 28, 2011, with 

attachments

i. CPDR, Reducing Volatile Organic Compound Emissions from Pesticides: 

Analysis of Alternatives for Field Fumigation Methods, No date

ii. CPDR, Reducing Volatile Organic Compound Emissions from Pesticides: 

Analysis of Alternatives for Field Fumigation Methods, No date with 

tracked changes

iii. Mary-Ann Warmerdam, Director, California Department of Pesticide 

Regulations, Decision, In the Matter of the Responsible Farmers

Coalition’s Request for Approval of Reduced Volatile Organic Compound 

Emissions Field Fumigation Methods, Responsible Farmers Coalition,‖ 

February 29, 2008 with attachments

g. Email, Randy Segawa, California Department of Pesticide Regulation to Nancy 

Levin, Environmental Protection Agency, Region 9, August 3, 2011, re: fumigant 

alternatives analysis. (see July 28, 2011 Segawa letter for attachments) 

h. Partial Approval And Partial Disapproval Of Air Quality Implementation Plans; 

California; San Joaquin Valley; Reasonably Available Control Technology For 

Ozone; Final rule. 77 FR 1417 (January 10, 2012)

i. Environmental Protection Agency, Violation Day Count Report (Ventura County 

2005-2011), April 16, 2012
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j. Environmental Protection Agency, Violation Day Count Report (San Joaquin 

Valley, 2005-2011), April 16, 2012

D-7. Miscellaneous Documents

a. Clean Air Act Reclassification, San Joaquin Valley Nonattainment Area; 

Designation of East Kern County Nonattainment Area and Extension of 

Attainment Date; California; Ozone; Final rule. 66 FR 56476(November 8, 2001) 

b. Clean Air Act Reclassification, San Joaquin Valley Nonattainment Area; 

California; Ozone; Final rule. 69 FR 20550 (April 16, 2004)

c. Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality 

Standards –Phase I; Final rule. 69 FR 23951 (April 30, 2004)

d. Letter, Brent Newell, Center on Race, Poverty & the Environment, to Dr. Robert 

J. Sawyer, Chairman, California Air Resources Board, June 12, 2007

e. Letter, Brian R. Hill, Ph.D., Pesticide Action Network, to Brent Newell, Center on 

Race, Poverty & the Environment, October 17, 2007

f. Letter, Brent Newell, Center on Race, Poverty & the Environment, to Linda 

Irokawa-Otani, Regulations Coordinator, California Department of Pesticide

Regulation, October 17, 2007

g. Letter, Brent Newell, Center on Race, Poverty & the Environment, to Mary-Ann 

Warmerdam, Director, California Department of Pesticide Regulation, January 

15, 2009

h. Letter, Alegria De La Cruz, Center on Race, Poverty & the Environment, to 

Mary-Ann Warmerdam, Director, California Department of Pesticide Regulation, 

August 18, 2009

i. California Department of Pesticide Regulation, "Conservation Management 

Practices Guide: Reducing Volatile Organic Compound (VOC) Emissions from 

Agricultural Pesticide Applications," August 24, 2009

j. El Comite Para El Bienestar De Earlimart v. Warmerdam, Case No. 34-2009-

80000253-CU-WM-GDS, Superior Court of the State of California, County of 

Sacramento, Judgment Denying Petition for Writ of Mandate, December 15, 2009

k. California Department of Pesticide Regulations, Presentation ―Volatile Organic 

Compound Emissions from Pesticides: Options for Reducing Non-Fumigant 

Emissions‖ September 2011

l. California Department of Pesticide Regulations, Presentation ―Volatile Organic 

Compound Emissions from Pesticides: Options for Reducing Non-Fumigant 

Emissions‖ November 2011

m. Memorandum, Kerry Drake, Associate Director, Air Division, EPA Region 9 to

Docket No. EPA–R09–OAR–2012–0194; FRL–9664–5; Approval and 

Promulgation of Implementation Plans; California; Revisions to the California 

State Implementation Plan Pesticide Element, May 9, 2012, Subject: Conference 

Call with Central Valley Air Quality Coalition (added to docket May 9, 2012)