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 Compounds in the San Joaquin Valley Ozone 

Nonattainment Area (Modified Regulations) 

Dear Ms. Irokawa-Otani: 

On behalf of the American Pistachio Growers and its California-based pistachio growers, I am 

responding to the agency’s modified non-fumigant proposal to adopt regulations that might limit 

the use of oxyfluorfen and three other non-fumigants. 

California pistachio growers who live in the San Joaquin Valley are pleased that the California 

Department of Pesticide Regulation (DPR) has taken into consideration the significance of 

oxyfluorfen and the current lack of research supporting the effectiveness of low-VOC 

alternatives. Although California pistachio growers appreciate the exception for oxyfluorfen 

application using a low application rate, we are concerned that DPR continues to approach the 

goal of limiting the applications of non-fumigant, volatile organic compounds (VOCs) without 

considering agriculture’s comparative contribution to nonattainment. 

Agriculture’s contribution to the nonattainment of ozone standards in the San Joaquin Valley is 

less than 6 percent of the total contribution (a percentage in question due to the methodology 

used for calculating VOCs). California pistachio growers question the decision to implement the 

modified regulations, since they continue to present several challenges 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 economic pistachio crop. Weeds host all types of 

pests, including insects and diseases, and can be an obstacle for normal orchard maintenance. 

Because there is no suitable substitute for high 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.org
2 

Increase Cost to Growers 

Farming is an economic endeavor, and success depends upon a return on investment. The 

growers’ incomes depend on the cost of inputs and should the grower have to apply the low 

emission oxyfluorfen, it will be necessary to supplement the herbicide with additional herbicides. 

Since pistachio investment involves six to seven years of no production and twelve years before 

full production, any increase in costs can result in economic hardship for the pistachio growers.2

Additional VOC Problem for San Joaquin Valley 

It is important for the agency to realize the pistachio grower will be forced to find another 

alternative to oxyfluorfen. The alternative to using oxyfluorfen for the control of weeds may be 

tractor tillage, which will introduce into the atmosphere a different type of volatile organic 

compound. Tractor emissions are one of the major sources of volatile organic compounds. 

There are approximately three tractor cultivations per year to control weeds during the control 

period. The problem is that without Goal for broadleaf weed control, the weeds in the strips 

proliferate (it is impossible to cultivate where the drip lines are installed). If less effective 

materials than Goal were used, the repeat applications would have to be factored for estimating 

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

there will be two to three more cultivations that would result in an additional 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 two-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 application of oxyfluorfen be prohibited, the herbicide will not be 

available for pistachio growers in 2014. However, if the use of VOCs falls below 95 percent of 

the 18.1 tpd limitation in 2013, the pistachio growers will be prohibited from using oxyfluorfen 

until 2015. It is essential for DPR to improve the reporting system in order for the pistachio 

growers to not be denied the use of oxyfluorfen when the VOC usage is below the previous 

year’s 95 percent level. 

Future Removal of High Emission, Non-fumigant from the Regulations Prohibited List 

We recognize the time involved in preparing, proposing, and implementing regulations. The 

Director should consider adopting regulation language that would permit the exemption of a nonfumigant, should it be demonstrated the assumed high emission, non-fumigant 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 more than $1.16 billion to the California economy. 

Successful pistachio production depends on carefully considered pest management, which 

includes application of essential products such as oxyfluorfen. The California pistachio growers 

hope that DPR will recognize its importance and also 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 information about these comments. 

Sincerely, 

Richard Matoian 

Executive Director