SF:27551954.1 

RE: Comments on Modifications to Proposed Regulation No. 12-001 (Volatile 

Organic Compounds in San Joaquin Valley Ozone Non-Attainment Area) 

Dear Ms. Irokawa-Otani: 

Syngenta Crop Protection, LLC (“Syngenta”) hereby submits the following comments on 

the Department’s modifications to the proposed regulation “Volatile Organic Compounds in the 

San Joaquin Valley Ozone Non-Attainment Area” (“Regulation No. 12-001”), which the 

Department published on November 13, 2012. 

As a preliminary matter, Syngenta incorporates by reference its previous comments on 

proposed Regulation No. 12-001, submitted to DPR on June 7, 2012, and reserves all objections 

then noted to the proposed regulation therein. Syngenta’s previous objections include the 

following: (a) DPR has made a fundamental mathematical error in calculating estimated current 

VOC emissions from pesticides in the San Joaquin Valley; (b) DPR has relied on data to estimate 

VOC emissions that are unreliable and in fact, are known to overestimate VOC emissions under 

“real world” conditions; (c) DPR has made unjustified and irrational assumptions in deciding to 

focus all the restrictions and prohibitions of the proposed regulation on products containing just 

four active ingredients; (d) the exemptions embodied in the proposed regulation are too narrow 

and too static; and (e) the proposed regulation does not provide DPR with the necessary 

discretion and flexibility to achieve the intended purpose. 

More specifically and most importantly, Syngenta urges DPR to re-consider its proposed 

regulation in light of the fact that the proposed 35% upper boundary for “low VOC” 

formulations of abamectin is arbitrary, capricious, contrary to the purposes of the proposed 

regulation, contrary to public policy, and unsupported by substantial evidence in the rulemaking 

record, as evidenced by Syngenta’s detailed discussion in its previously submitted public 

comments. 

Syngenta supports DPR’s proposal to modify the proposed regulation to include a 

provision granting the Director the authority to propose removal of an active ingredient or crop 

from the restrictions imposed by the rule. This is found in the proposed Sections 6884(d) and (e). 

As discussed in Syngenta’s previous public comments, DPR’s initial re-evaluation in 

2005 applied to all high-VOC liquid formulations. However, DPR scaled back its focus to only 

seven active ingredients in 2010. Now, in 2012, DPR has further reduced its proposed regulation 

to only four active ingredients. Because of the rigidity of the proposed regulation, DPR will be 

prevented from adding active ingredients to the regulatory scheme. With the responsibility for 

reductions in VOC emissions falling exclusively upon producers of products containing the four 

State Regulatory Affairs 

P.O. Box 18300 

Greensboro, NC 27419-8300 

Telephone: (336) 632-6000 

Fax: (336) 632-2884 
SF:27551954.1 

regulated active ingredients, registrants for other products will have no incentive to reformulate 

their high-VOC emitting products to lower VOC emitting alternatives. 

Finally, Syngenta urges DPR to modify the regulation further to require the Department 

to make an announcement by a fixed date each year whether and when the use restrictions and 

prohibitions imposed under Regulation No. 12-001’s will take effect. Syngenta and other 

producer/registrants require sufficient lead time to coordinate production campaigns and to meet 

forecasted needs for its regulated products. It is therefore imperative that all registrants, dealers, 

pesticide control advisors, and growers have adequate time to prepare for these regulations to 

take effect. Ideally, DPR would announce no later than November 1, 2013 whether and when 

the requirements and prohibitions in its final regulation will take effect, for the regulation to be 

implemented at the commencement of the appropriate growing period (April to May, 2014). 

Stakeholders need certainty of a timetable for implementation in order to effectively 

comply with Regulation No. 12-001 and to ensure an uninterrupted supply of necessary products 

to dealers and growers. For the reasons discussed above and in Syngenta’s previously submitted 

public comments, Syngenta urges DPR to amend its proposed regulation consistent with these 

remarks. 

Thank you in advance for your attention to our comments. 

Respectfully submitted, 

Debra S. Stubbs 

Senior Regulatory Manager 

Regulatory Affairs Department 

Syngenta Crop Protection, LLC