December 7, 2012

Ms. Linda Irokawa-Otani Regulations Coordinator Department of Pesticide Regulation 1001 I Street, P.O. Box 4015 Sacramento, California 95812-4015

Re: DPR 12-001 - Volatile Organic Com pounds in the San Joaquin Valley Ozone Nonattainment Area (Modified Regulations)

Dear Ms. Irokawa-Otani:

On behalf of the American Pist achio Growers and its California-b ased pistachio growers, I am responding to the agency’s modified non-fumigant proposal to adopt regulations that might limit the use of oxyfluorfen and th ree other non-fumigants.

California pistachio growers who live in the Sa n Joaquin Valley are plea sed that the California Department of Pesticide Regulation (DPR) has taken into considerati on the significance of oxyfluorfen and the current lack of research supporting th e effectiveness of low-VOC alternatives. Although California pistachio growers appreciate the exception for oxyfluorfen application using a low applicati on rate, we are concerned that DPR continues to approach the goal of limiting the applications of non-fumiga nt, volatile organic compounds (VOCs) without considering agriculture’s comparative contribution to nonattainment.

Agriculture’s contribution to the nonattainment of ozone standard s in the San Joaquin Valley is less than 6 percent of the total contribution (a percentage in questi on due to the methodology used for calculating VOCs). California pistachio growers question the deci sion to implement the modified regulations, since they continue to present several cha llenges to crop cultivation and

shift focus from other more significant factors that contribute to ozone nonattainment.

Oxyfluorfen for Tree Crops is Essential

Weeds are major obstacles to producing an eco nomic pistachio crop. Weeds host all types of pests, including insects and dis eases, and can be an obstacle for normal orchard maintenance.

Because there is no suitable substitute for hi gh emission oxyfluorfen, additional herbicides will be necessary. 1

1 Proposed Exemptions to San Joaquin Valley Ozone Nonattainment Area Use Restrictions, Robert Van Steenwyk, UC Berkeley, and Karen Klonsky, UC Davis, March 2012.

7030 N FRUIT AVE, SUITE 117 | FRESNO, CA 93711-0782 | TEL: 559.475.0435 FAX: 559.475.0624 | AmericanPistachios.org2 Increase Cost to Growers

Farming is an economic endeavor, and success depends upon a return on investment. The growers’ incomes depend on the co st of inputs and should the gr ower have to apply the low emission oxyfluorfen, it will be necessa ry to supplement the herbicid e with additional herbicides. Since pistachio investment involv es six to seven years of no pr oduction and twelve years before full production, any increase in costs can result in economic hardship for the pistachio growers. 2

Additional VOC Problem fo r San Joaquin Valley

It is important for the agency to realize the pistachio grower will be forced to find another alternative to oxyfluorfen. The a lternative to using oxyfluorfen fo r the control of weeds may be tractor tillage, which will introduce into the at mosphere a different t ype of volatile organic compound. Tractor emissions are one of the ma jor sources of volatile organic compounds.

There are approximately three trac tor cultivations per year to control weeds dur ing the control period. The problem is that without Goal for broa dleaf weed control, th e weeds in the strips proliferate (it is impossible to cultivate where the drip lines ar e installed). If less effective materials than Goal were used, the repeat applic ations would have to be factored for estimating

the added VOC. The cost of fuel for cultivat ing is the same as running the weed sprayer but

there will be two to three more cultivations that would result in an additi onal three-four gallons of fuel per acre for the loss of Goal which will add to the VOC problem. Furthermore, the heavy tractor through the pistachio grove will have a negative impact on the soil and adds dust particulates.

DPR’s Pesticide Use Reports – Regulation’s Time Lag

It is generally recognized that the Pesticide Use Report has a tw o-year time lag. For example, pesticide use for 2012 will be unknown until late 2013, resulting in a possible 2014 notice of curtailment. Should the applic ation of oxyfluorfen be prohib ited, the herbicide will not be available for pistachio growers in 2014. However, if the use of VOCs fa lls below 95 percent of the 18.1 tpd limitation in 2013, the pistachio grower s will be prohibited from using oxyfluorfen until 2015. It is essential for DPR to improve th e reporting system in order for the pistachio growers to not be denied the use of oxyfluorfe n when the VOC usage is below the previous year’s 95 percent level.

Future Removal of High Emission, Non-fumiga nt from the Regulatio ns Prohibited List

We recognize the time involved in preparing, proposing, and implementing regulations. The Director should consider adop ting regulation language that w ould permit the exemption of a nonfumigant, should it be demonstrated the assu med high emission, non-fumi gant VOC is no longer a high emission VOC.

2 Id.3 California has 98.5 percent of the total U.S. pistachio production with over 250,000 acres planted throughout 22 counties. There are approximately 800 producers in California, and the annual “farm gate value” of pistachios represents mo re than $1.16 billion to the California economy. Successful pistachio production depends on carefully considered pest management, which includes application of essentia l products such as oxyfluorfen. The California pistachio growers hope that DPR will recognize its importance and al so consider the comparative contribution of California’s agriculture to ozone nonattainment.

Thank you for providing the opportunity to submit additional comments. Please contact me if you need any additional inform ation about these comments.

Sincerely,

Richard Matoian

Executive Director