August 5, 2014

VIA E-MAIL and US MAIL

Ms. Tracy Perry

Team Leader Risk Management and Implementation Branch III (RMIB III)

Pesticide Re-Evaluation Division U.S. Environmental Protection Agency

One Potomac Yard 2777 S. Crystal Drive Arlington, VA 22202

Re: Fenamiphos Stocks – Request for Continued Golf Course Use Until October 6, 2017

Dear Tracy:

I write on behalf of the members of the Golf Course Superintendents Association of America (GCSAA) regarding the continued use of existing sto cks of fenamiphos on golf courses. In light of the circumstances as described below, the GCSAA is asking EPA to allow for the continued use of existing Nemacur stocks in a responsible lab eled manner past the October 6, 2014

deadline. The ideal extension would be to allow for the continued use of remaining stocks to October 6, 2017.

GCSAA is a leading golf organization and has as its focus golf course management. Since 1926, GCSAA has been the top professional association for the men and women who manage golf

courses in the United States and worldwide. From it s headquarters in Lawrence, Kan., the association provides education, information and rep resentation to more than 19,000 members in

more than 72 countries. GCSAA’s mission is to serve its members, advance their profession and enhance the enjoyment, growth and vitality of the g ame of golf.

As you are aware, the registrant voluntarily reques ted that EPA cancel all uses of fenamiphos, the active ingredient in the nematicide Nemacur, in 2002. The use deletion and product cancellation order of fenamiphos products registere d under section 3 of FIFRA is dated December 10, 2003. The agency gave golf courses a 5 year phase out to purchase Nemacur by May 31, 2008. When golf courses made their final pu rchase of Nemacur in 2008, they knew that what they bought could be used until the stocks wer e exhausted, as outlined in the cancellation

order.

Golf courses also knew there was not a viable alter native to the nematicide Nemacur and it would take many years of additional research to ide ntify one. Back in 2008, many golf courses2

purchased at least 10 years’ worth of existing stoc ks, especially courses in the Southeast and California, hoping their existing stocks would last long enough for an alternative to be found.

The December 10, 2003 Use Deletion and Product Canc ellation Order (FRL-7332-5) (68 FR 68901) established for Bayer Corporation a producti on cap on the manufacture of fenamiphos, which limited fenamiphos production to 500,000 poun ds of active ingredient for the year ending May 31, 2003, and reduced production by 20% each su bsequent year during the 5-year phase-out period. Bayer has reported that approximately 400,0 00 pounds of the nematicide Nemacur was purchased by golf courses in 2008, the last year of the phase out.

On October 5, 2011, EPA made a decision to prohibit the use of all fenamiphos products in the United States after October 6, 2014. Previously, th e agency had allowed end users with existing stocks of products containing fenamiphos to continu e to use these products until their stocks were exhausted, provided that the use complied with previously EPA-approved product label requirements for the respective products.

GCSAA has recently learned that golf courses were n ot aware of the October 6, 2014 deadline whereby stocks must be used up. There has been an o utcry from GCSAA members who still have remaining product that was purchased back in 2 008. Golf courses were completely caught off guard by the compliance deadline announcement w e put in our communications vehicles this spring. Golf courses were not made aware of the cha nge in the cancellation order in 2011 which prohibits use of the nematicide Nemacur after Octob er 6, 2014.

The industry has an inventory problem on its hands. Again, many golf facilities purchased 10 years’ worth of supply and have been using the prod uct judiciously on limited areas of the course in order to extend its use for those 10 years. They have not used up their supply and have a few more years left remaining. There still is no altern ative on the market.

GCSAA and its members strongly believe that the bes t way to dispose of remaining stocks of the nematicide Nemacur is to put it down on the turfgra ss for its intended use. We believe that shipping old product in old containers over roads a nd highways for short or long distances to

landfills or incineration facilities is a less than an optimal solution.

There will be negative effects on golf courses if t hey are not allowed to use up their remaining Nemacur stocks after the October 6, 2014 deadline. Below is a history on the use of Nemacur in the Southeast United States and California that put s the current inventory problem into perspective.

Southeast United States :

Historically, the coastal region of the southeaster n United States has been the largest user of Nemacur for nematode management on golf courses. W hile nematode problems on golf course turf can occur anywhere, they are more common and m ore severe in areas with warm temperatures and native soils with high sand conten t. For these reasons, and because some of the most damaging nematodes in the world are native to the region, golf courses in the coastal areas3

of the southeastern United States have the most sev ere nematode problems in the world. These coastal sands stretch along the gulf coast from coa stal Texas through Florida and along the Atlantic coast from Florida through North Carolina. Outside of this region, nematodes are primarily a problem only on sand-based putting gree ns, which are both the most critical component of a viable golf course and a relatively small amount of the total acreage. However, in the southeastern coastal plains where all the so il is sandy, nematodes can be a problem anywhere on the golf course, including greens, tees , fairways, driving ranges and even roughs. This region also has the highest concentration of g olf courses in the world. These golf courses are large drivers of the local economies. In Flori da alone, golf generated >$9.2 billion in income and 226,000 jobs in 2000 (Haydu and Hodges, 2002).

In the Southeast, all of the nematodes that damage turfgrasses feed on roots. The damaged roots are not able to supply water and nutrients to the t urf, which then sickens and dies. Severe infestation can cause the golf course to become unp layable, leading directly to decreased revenue. Additionally, nematode-weakened turf caus es; a) more weed and fungal disease problems, leading to increased use of herbicides an d fungicides, b) more frequent irrigation usage to prevent turf from wilting, and c) increase d labor costs due to hand-irrigating nematode hot spots, spraying, etc.

It is important to realize that there are many spec ies of nematodes that cause damage to turfgrasses. Certain species may be more problemat ic on some kinds of grass than others, are active at different times of year, or occur primari ly at different locations in the soil and plant. A t the broadest level, nematodes parasitizing turfgras ses can be grouped as ectoparasites and endoparasites. Ectoparasitic nematodes live in soil and feed on turf roots from the outside. These types of nematodes can be managed with contact nema ticides, nematicides that move through soil and kill nematodes on contact. Endoparasites feed and reproduce inside of the plant. Endoparasites are primarily managed with systemic n ematicides that move within the plant. Most nematicides have contact activity but not syst emic activity, and consequently work better on ectoparasitic nematodes than on endoparasites.

Photograph 1. Photo of damage from sting and lance nematode on a bermudagrass green.4

The active ingredient in Nemacur products is fenami phos. Fenamiphos affects the nervous system of nematodes and causes paralysis. It is no t a preventative treatment, it is used to treat existing nematode infestations on established turf. It does not kill all the nematodes, but reduces their numbers and activity when pest pressure is hi gh to let the turf establish a healthier root system. The unique quality of fenamiphos is that i t has both systemic and contact activity. This makes it very effective against both ectoparasitic and endoparastic nematodes.

For the past fourteen years, the focus of Dr. Willi am T. Crow’s research program at the University of Florida IFAS has been to identify and develop new nematode management tools for use on golf course turf. Dr. Crow works in the Entomology and Nematology Department and is a leading nematologist in the U.S. While Dr. Cro w has made strides, and some new products have been registered for use, none of the products currently on the market are as broadly effective and versatile as fenamiphos. Below is a description of the relative strengths and

weaknesses of the different alternative nematicides currently on the market that have demonstrated some degree of effectiveness in Dr. Cr ow’s field trials.5

1,3-Dichloropropene (1,3-D) is the active ingredien t in Curfew Soil Fumigant. It is injected into established turf using specialized equipment by cus tom applicators. This is contact nematicide and is the most effective treatment currently on th e market against ectoparasitic nematodes. However, 1,3-D has several drawbacks that limit its versatility. It only has a Section 24(c) registration in a few states, it is only used in ar eas with a high density of nematode-infested golf courses. It cannot be used in areas with Karst geo logical features, which include large portions of Florida. It has a 24-hour reentry interval, so the golf course is closed for one to two days, resulting in revenue losses. Since it is a contact , it has very little activity on endoparasitic nematode species. It can only be used once per yea r. Because it is custom-applied, it is cost effective only when large areas need treatment, sma ll problem areas cannot be treated practically. It cannot be applied near houses or o ther inhabited structures.

Bacillus firmus is a bacteria that is the active ingredient in Nor tica, a biological product. Research has shown that this product, when used pre ventatively, can reduce reliance in chemical

nematicides. The bacteria in Nortica colonize the root rhizosphere and produce metabolites that protect roots from parasitic nematodes. Dr. Crow c onsiders Nortica to be an effective component in nematode integrated pest management pl ans for golf course turf. However, Nortica is not a stand-alone nematode management ta ctic. While it reduces reliance on nematicides, it usually does not eliminate the need for them. It also is not effective as a curative treatment, it is not useful at “fixing” nematode pr oblems once damage is occurring.

Abamectin is the active ingredient in Avid 0.15 EC, an insecticide used on ornamental plants. Abamectin is also very effective against nematodes, if they come in contact with it. Unfortunately, abamectin does not move well in soil and binds to soil organic matter. Dr. Crow’s research has shown that frequent application s of high rates of abamectin are effective against nematodes only in the top two inches of soi l profile. While not ideal, two inches of protection is often adequate in golf course green s ituations. Avid is currently being used under Section 24(c) labeling in Florida and several other states for golf greens only. It provides adequate results against root-knot nematodes that i nhabit the top two inches of soil profile. It is not as effective against sting nematode and other n ematodes that proliferate deeper in the soil. Also, because it may be used on greens only, it can not be used to treat nematode problems on tees, fairways, etc.

Furfural is the active ingredient in Multiguard Pro tect EC. Dr. Crow’s research has found this product to be moderately effective at providing sho rt-term protection against ectoparasitic nematodes on turf. Furfural only has contact activ ity, so it is not effective against endoparasitic

nematodes. Under certain conditions furfural can d amage turf, so it must be used and applied very carefully. Furfural is not effective in the t op two inches of soil profile.

Additionally, Dr. Crow has had several new promisin g nematicide active ingredients performing very well in field trials. At least three of these are currently moving through the registration process. At least one of these has systemic activi ty. Dr. Crow is extremely optimistic that within the next several years we will have several technol ogies that will adequately replace fenamiphos for the golf course market.6

Specific reasons for Dr. Crow’s support for this re quest to extend the Nemacur use deadline are

twofold:

1) Currently there are no other nematicides that are a s versatile in use and broad-spectrum in activity as Nemacur for golf course use. Particula rly for use against endoparasitic nematodes, none of the products currently on the ma rket have systemic activity. This extension will help bridge the gap until the new ne maticides under consideration come

online.

2) The safest and most economical means of disposal is using Nemacur for its intended use. Due to communication breakdown, the golf industry o nly became aware of the October 2014 deadline this year. Now that the golf course industry is aware of the use deadline they are attempting to use it up. However, some of them have more Nemacur on-hand than they can legally use in one year. Having extr a time to use their existing inventory will prevent expensive transportation and disposal of this Nemacur.

California:

The stem gall nematode, Anguina pacificae (Anguina), is the most severe pest problem ever

observed on Poa annua putting greens in California. This nematode was fi rst discovered in 1978 by Larry Costello, a University of California Farm Advisor, who observed swollen stems on Poa

annua (Poa) collected at golf courses in the Monterey Pe ninsula. Infection by the nematode causes the plant to swell creating a gall at the ba se of the stem. The galls appear as bulb-like structures near the crown of the plant and tend to contain eggs and adults or second stage juveniles ready to emerge. As the hundreds of nemat odes within each gall feed on the Poa annua plant, the plant is damaged and eventually killed t hrough a combination of interference with water and nutrient transport, as well as nutrient a nd photosynthate deprivation. This unique

nematode does not colonize the roots.

The geographic range of Anguina pacificae extends from the Monterey Peninsula of Central Coast California to approximately 30 miles north of San Francisco. Approximately 100 to 125 golf courses with Poa annua greens located in this region show symptoms of Anguina pacificae

infestations.

Anguina induced turfgrass injury causes coalescing plant collapse and dissipation, resulting in

Poa annua putting green surfaces that are virtually unplayab le based on industry standards for the game of golf (Photograph 1).

Photograph 2. Severe Poa annua injury and collapse as the result of Anguina pacificae , the stem gall nematode, on a Poa annua putting green.7

Nemacur has been the only effective active ingredie nt for control of Anguina pacificae . The properly timed label use of Nemacur does not kill a ll Anguina nematodes, but reduces populations below critical injury thresholds, allow ing Poa annua to recover.

Over the last twelve years, Mark M. Mahady & Associ ates, Inc., a turfgrass research company, has conducted 14 replicated field research trials t o evaluate new products for control of Anguina pacificae . A primary objective of this field research has be en to identify sustainable alternatives to Nemacur for suppression and control of Anguina pacificae . These multiple application field trials have been jointly developed and funded throu gh the cooperation of golf courses located in Central Coast and Northern California (Anguina Fiel d Research Golf Course Working Group), the Northern California Golf Association (NCGA), an d numerous product development companies. To date, more than 45 products have been evaluated for control of Anguina pacificae in science based replicated field trials. Those pro ducts that have not exhibited acceptable Anguina control and improvement in Poa annua growth include: Malathion, Avid, Dimethoate, Sevin, Merit, ProMax (thyme oil), Biolizer (sea she ll deposits), A-1641 (mustard seed), BioSafe Nematicide (peroxyacetic acid), NeoTec (sesame seed oil), MultiGuard Protect (furfural), Soil Tilth, EndoRoots, Earthworks, CPR, HumaCal, MicroBo oster, N-Control (28-0-0), Foli-R-Plus,8

Milbemectin, Eartheart Program, C-Grow Program (com post tea), BioFence (mustard meal),

Orthene and Sincocin.

Key results from this exhaustive and continuing fie ld research effort indicate that azadirachtin based products such as Neemix 4.5 EC (Certis U.S.A. ) and Azatrol (PBI Gordon Company) exhibit marginal control with low to moderate Angui na infestations, but, unfortunately, fail to provide adequate control with severe Anguina infest ations. If severe infestations occur during October and November, Poa annua recovery will not b e achieved until March due to the slow growth of Poa annua during cool winter months in No rthern California resulting in highly unacceptable playing conditions for extended period s of time.

In addition, azadirachtin based products are extrem ely expensive. Field research has shown that approximately 10.8 grams of azadirachtin per 1000 s quare feet is required for control of Anguina pacificae. This is an extremely high rate when comp ared to the use rates of azadirachtin in agriculture. This 10.8 gram azadirachtin rate trans lates into 9 product ounces per 1000 square feet of a product such as Neemix 4.5 EC. Neemix 4.5 EC at the 9 ounce rate needs to be deployed at a 14-day interval because the half-life of azadirachtin in turf ranges from only 24-72 hours. For this reason 26 applications per year are required. The cost of a single application of Neemix 4.5 EC at the 9 ounce rate is $43.95 per 100 0 square feet. The total product cost per year (excluding labor) to treat 3 acres of Poa annua gre ens with 26 applications of Neemix 4.5 EC at the 9 ounce per 1000 square foot rate is $149,328.0 3.

This example shows that the azadirachtin program, w hile an alternative under low to moderate Anguina populations, is not a realistic option for 95% of the courses with Anguina pacificae , due to the extreme cost of the program. This factor als o illustrates why the loss of Nemacur for this use has been such a devastating blow to those golf courses with Poa annua greens and Anguina pacificae infestations. The only other option is complete gre en reconstruction to creeping bentgrass surfaces which is extremely expensive, co sting upwards of $1,000,000, and is not a realistic financial alternative for a high percenta ge of golf courses.

The responsible use of one or two Nemacur applicati on per year can make the difference between devastating injury to Poa annua and acceptable surface quality on putting greens. A best management IPM program consisting of Nemacur a nd a sustainable product such as azadirachtin would appear as follows:

• A very small application footprint: Nemacur use on only 2-3 acres per course.

• One or two properly timed Nemacur applications per year.

• The use of azadirachtin based products throughout t he remainder of the year to suppress Anguina activity and Poa annua injury when Anguina populations are low to moderat e.

The condition and surface quality of the highly sus ceptible Poa annua putting greens in Northern California does have a dynamic economic impact in t his region. PGA tournaments are some of the largest charitable events in all of California every year. Since 1937, over $120 million has been raised for charity in Northern California thro ugh these events with over $10 million in 20149

alone. Excellent course conditions are expected for these events and the loss of Nemacur stocks without a suitable replacement could be devastating to these commitments.

There are presently no alternatives to Nemacur curr ently registered in California that quickly

reduce Anguina pacificae populations below critical injury threshold levels

.

Many superintendents purchased quantities of Nemacu r before it went off-label for the purpose of using it as part of an IPM program, where sustai nable products, such as azadirachtin would be used during the spring and early summer when Anguina pacificae populations were moderate, and then one or two applications of Nemacur would b e used in late summer to prevent devastating turf injury during the worst Anguina ou tbreaks.

Science based, replicated field research is continu ing in order to find more effective products and agronomic strategies to reduce the effects of Anguina pacificae . To date, more than $500,000 has

been dedicated to the search for alternative and su stainable control agents.

Over the last 12 years, golf course superintendents and golf facilities in California have been diligent in the search for organic and sustainable products as viable alternatives to the use of Nemacur for suppression and control of Anguina pacificae on Poa annua putting greens. These groups have invested extensive time, large financia l contributions and tremendous effort in a discovery process to support environmental stewards hip. They are eager to find effective

alternatives.

GCSAA specific request to EPA:

In light of the circumstances as described above, t he GCSAA is asking EPA to allow for the continued use of existing Nemacur stocks in a respo nsible labeled manner past the October 6,

2014 deadline. The ideal extension would be to allo w for the continued use of remaining stocks to October 6, 2017. We recognize that EPA may have reservations about granting an extension of that duration and we are open to finding a diffe rent period that is both acceptable to EPA and sufficient to allow the golf course industry to adj ust to the removal of Nemacur.

Again, there is no economically or technically viab le alternative to fenamiphos products available at this time. When golf courses purchased fenamiphos products in 2008, many golf facilities purchased 10 years’ worth of product in anticipation there would be an alternative found by then. They also bought the product knowing they could use the product until it was exhausted. These golf courses were caught by surpri se when they learned in April that the product purchased back in 2008 would not be availab le to them until it was exhausted, but rather that the agency in 2011 had decided to stop use of the product altogether by October 6, 2014. They have been using the product sparingly and judi ciously and responsibly since 2008 to make it last ten years and many courses still have 3-4 y ears’ worth of product left. They have counted on having this product available to maintain their golf courses and provide the excellent playing conditions their customers expect.10

Golf course superintendents are professional land m anagers and sound environmental practices are implemented on golf courses when using all chem ical products including Nemacur. Golf course superintendents are among the best-educated and most conscientious users of chemical management tools. Modern turfgrass management pract ices greatly reduce the potential for leaching or runoff into water supplies. Today, most superintendents have two or four-year university degrees in agronomy, horticulture or oth er related fields. Golf course superintendents are the nation's leading practitioners of integrate d pest management, a philosophy that reduces the potential environmental risks of pesticide usag e. Many superintendents enter the profession because of a love of nature and the outdoors, and a re strongly committed to conservation. Superintendents give extremely high priority to mai ntenance practices that do not have a negative impact on the environment.

Thank you for your consideration of this request. W e would be happy to meet with you and

others in the Pesticide Re-Evaluation Division to d iscuss this request further. There is a lot at stake with complete loss of fenamiphos products on golf courses if the October 6, 2014 stands. We look forward to working with you to ensure the n eeds of the golf courses are met. We also look forward to continuing to work with university researchers to find an economically and technically viable replacement.

Please contact me at (800) 472-7878, ext. 3619 or cmmckeel@gcsaa.org if you have additional questions or if you need additional information.

Sincerely,

Chava E. McKeel Director, Government Relations Golf Course Superintendents Association of America

cc: Mark Mahady, President, Mark M. Mahady & Associ ates, Inc. William (Billy) Crow, Professor of Nematology, Uni versity of Florida Rhett Evans, GCSAA Chief Executive Officer