SF:27551954.1 R E : Comments on Modifications to Pro posed 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 Orga nic 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 incorporat es 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 mathem atical error in calculating estimated current VOC emissions from pesticides in the San Joaqui n 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 irrationa l assumptions in deciding to focus all the restrictions and prohibitions of the proposed regul ation on products containing just four active ingredients; (d) the exemptions em bodied in the proposed regulation are too narrow and too static; and (e) the proposed regulati on does not provide DPR with the necessary discretion and flexibility to achieve the intended purpose.

More specifically and most importantly, Synge nta urges DPR to re-consider its proposed regulation in light of the fact that th e proposed 35% upper boundary for “low VOC” formulations of abamectin is arbitrary, caprici ous, contrary to the purposes of the proposed regulation, contrary to public policy, and unsuppor ted 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 regula tion to include a provision granting the Director th e authority to propose removal of an active ingred ient or crop from the restrictions imposed by the rule. This is found in the proposed Sec tions 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, DP R has further reduced its proposed regulation to only four active ingredients. Because of th e 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 exclusivel y upon producers of products containing the four State Regulatory Affairs P.O. Box 18300 Greensboro, NC 27419-8300

Telephone: (336) 632-6000 Fax: (336) 632-2884SF:27551954.1 regulated active ingredients, re gistrants 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 re gulation 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 requir e sufficient lead time to coordina te production campaigns and to meet forecasted needs for its regulated products. It is th erefore imperative that all registrants, dealers, pesticide control advisors, and gr owers have adequate time to pr epare for these regulations to take effect. Ideally, DPR would announce no la ter than November 1, 2013 whether and when the requirements and prohibitions in its final regulat ion will take effect, for the regulation to be implemented at the commencement of the appr opriate 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 discu ssed above and in Syngenta’s previously submitted public comments, Syngenta urges DPR to amend its proposed regulation c onsistent 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