## FUMIGANT VOC REGULATIONS

ENCLOSURE 3

STATEMENT OF CERTIFICATIONStatement of Randy Segawa Regarding Public Notice for the Development of Regulations Relating to the Adoption of California’s Fumigation Regulations

I, Randy Segawa, , Environmental Program Manager at the California Department of Pesticide Regulation (DPR), have pers onal knowledge of the following facts:

DPR followed the State’s standard rulemaking process to propose and adopt the fumigant VOC regulations (3 CCR sections 6000, 6400, 6445, 6445.5, 6447-6452.4, 6536, 6624, 6626, and 6784) as specified by the Administra tive Procedures Act (Government Code

section 11340 et seq. ). The actions taken to adopt the regulations were part of three rulemaking actions related to the reduc tion of fumigant emissions. The following summarizes the process and timing surrounding those rulemaking actions:

• January–May 2007: DPR consulted with ot her state agencies, including ARB, California Department of Food and Agricu lture, Office of Environmental Health Hazard Assessment, Department of Industrial Relations, and University of California.

• May 17, 2007: DPR noticed the first set of fumigant VOC regulations for 45-day public comment period, with original pr oposed changes and additions to 3 CCR sections 6000 (definitions); 6400 (restricte d materials list); 64 45 (fumigant handling activities); 6445.5, 6502, a nd 6536 (applicator licen sing); 6447–6447.2 (methyl bromide exposure reduction); 6447.3–6452 (f umigation method restrictions); 6452.1–6452.4 (fumigant emission tracking and limits); and 6784 (methyl bromide worker safety). Mail notification was sent to approximately 300 interested parties. E-mail notification was sent to approximate ly 1000 interested parties, including U.S. EPA Region 9 and impacted air pollution control districts.

• July 10, 2007: DPR held a public hear ing in Ontario (Riverside County).

• July 12, 2007: DPR held a public heari ng held in Parlier (Fresno County).

• January 25, 2008: First set of fumigant VOC regulations filed with the Secretary of

State and in effect immediately, including 3 CCR sections 6000, 6400, 6445, 6445.5, 6447–6452.4, 6502, 6536, 6624, 6626, and 6784.

• February 3-5, 2008: DPR placed newspaper advertisement to notice hearing more than 30 days in advance of hearing dates.

• February 7, 2008: DPR noticed the second set of fumigant VOC regulations for 45-day public comment period, with revisi ons to 3 CCR section 6452.2 (triggers for fumigant limits in Ventura). Mail notification was sent to approximately 300 interested parties. E-mail notification was sent to a pproximately 1000 interested parties, including U.S. EPA Region 9 and impacted air pollution control districts.

• March 24, 2008: DPR held a public heari ng held in Oxnard (Ventura County).

1• September 3, 2008: The second set of fumigant VOC regulations were filed with the Secretary of State and in effect immediately, with re visions to 3CCR section 6452.2 (triggers for fumigant limits in Ventura).

• November 28, 2008: DPR noticed the third se t of fumigant VOC regulations for 45- day public comment period, with revisions to 3 CCR section 6452.2 (triggers for fumigant limits in all five NAAs). Mail notification was sent to approximately 300 interested parties. E-mail notification was sent to a pproximately 1000 interested parties, including U.S. EPA Region 9 and impacted air pollution control districts.

• December 8-10, 2008: DPR placed newspaper advertisements to notice hearings more than 30 days in advance of hearing dates.

• January 12, 2009: DPR held a hearing at Kern Agricultural Pavilion in Bakersfield,

California.

• January 14, 2009: DPR held a hearing at the California EPA Headquarters Building in Sacramento, California.

• April 20, 2009: Third set of fumigant VOC regulations filed with the Secretary of

State and in effect immedi ately, with revisions to 3 CCR section 6452.2 (triggers for fumigant limits in all five NAAs).

Original signed by

Randy Segawa Environmental Program Manager California Department of Pesticide Regulation

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