VIA EMAIL: dpr12001@cdpr.ca.gov

December 3 , 2012

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 ; Modifications to Text of Proposed Changes

Dear Ms. Irokawa

- Otani:

On behalf of California Grape & Tree Fruit League , a nonprofit agricultural trade association representin g fresh grape, berry, and decidu ous tree fruit grown in California, I write to submit additional comment on the proposed action on nonfumigant use prohibitions on certain crops in the San Joaquin Valley ozone nonattainment area when using products with agricultural uses containing abamectin, chlorpyrifos, gibberellins, or oxyfluorfe n during May 1 through October 31 if the volatile organic compound (VOC) emission limit is triggered. For f resh table grape s, growers need the flexibility to utilize an array of plant health materials to produce a marketable crop in the face of weather re lated challenges and pest pressures. The proposed action to limit the use of the liquid form of gibberellins will disrupt cultural practices employed by fresh grape growers in the San Joaquin Valley. As you may know, gibberellins have multiple beneficial uses in a table grape vineyard. For example, gibberellins are applied in a vineyard before bloom to stretch the berry cluster. The pre

- bloom application creates a looser berry cluster, allowing for better air circulation which ca n reduce incidences of fungal disease . Gibberellins are also applied at bloom as a thinning spray to reduce the number of berries in a bunch, which serves to aid the growth and maturation of remaining berries. Following berry set, sizing sprays are appli ed to promote growth and development. Stretch, thinning, and sizing sprays directly contribute to proper growth and development by enhancing the architecture of the grape bunch to create spacing and sizing benefits while reducing the need to use additio nal fungicide materials to combat disease. While the proposed increase from 8 grams/AI/acre to 16 grams/AI/acre more closely reflects stretch and thinning needs

, limiting liquid

formulations to 16 grams AI/acre underestimates table grape needs for proper sizing development.

The previous limitation of 8 grams AI/acre for all table grape varieties overlooked variety specific cultural practices. According to the survey used to support the 8 grams AI/acre recommendation

, Proposed Exemptions to San Joaquin Va lley Ozone Nonattainment Area Use Restrictions , emphasis was placed on thinning and sizing “needs” for the varieties Ruby Seedless and Crimson Seedless, while all

other varieties were combined under “Other.” Thinning application recommendations for use of

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gibberellins suggested rates as low as 0.5 to 1 gram s AI/acre, and up to 16 grams AI/acre for sizing applications for Ruby Seedless as sufficient to ensure proper development and maturation

.

Of concern, the survey influenced the decision to set an exemption rate at 8 grams AI/acre; a rate which

did not account for the full range of gibberellins uses and use rates, within cultural practices for table grape production. As a result of comment received, the proposed exemption rate of 16 grams AI/acre is an improvement however continues to fall short of recognizing sizing needs. Label language on gibberellins ranges 20

- 128 grams AI/acre for sizing applications. Application rates of gibberellins vary depending on grape variety and growers are careful to calculate the amount requisite for optimal development and maturity knowing that both under and over application of gibberellins can delay development on color and sugar, negatively affect maturation, and/or reduce fruitfulness which can severely impact t he marketability of the crop

. The potential for altering gibberellins programs, under a proposal that underestimates use rates is concerning given the devastating effects from restricting use of liquid g ibberellins on table grapes.

The League’s previous comment sought a change to permit DPR the ability to remove an active ingredient as a regulated material, if use patterns demonstrate it no longer fits the selection criteria for top nonfumigant VOC contributor

. We support the proposed change to add subsections 6884(d) and (e) to allow the Director to propose removal of an active ingredient or crop and the addition in subsection (f) to

allow for an exception for use of a high

- VOC formulation, provided data reveals that a greater amount of

an active in gredient of a low

- VOC product must be applied to achieve the same efficacy, which could have the effect of offsetting VOC emission reductions.

Thank you for the comment opportunity. The scope of any such regulation should strive to be effective in

reduci ng risk of reaching the trigger limit while only focusing on what is absolutely necessary to remain below the trigger. The California Grape & Tree Fruit League views this as an occasion to provide

information to DPR to assist in the understand ing of the b enefits of important materials, such as gibberellins, and needs for optimal table grape development. Should you have additional questions please do not hesitate to contact me at the League by email ( cvaladez@cgtfl.com ) or by calling the League

office.

Sincerely,

Christopher Valadez Director, Environmental & Regulatory Affairs