June 4, 2012

2400 Del Paso Road, Suite 140

Sacramento, CA 95834

Linda Irokawa-Otani, Regulations Coordinator

Department of Pesticide Regulation

1001 I Street, P.O. Box 4015

Sacramento, California 95812-4015

RE: Proposed Non-Fumigant VOC Regulations

Dear Ms. Irokawa-Otani:

I am writing in response to your proposed VOC regulations for Non-Fumigant 

products. As an agricultural input retailer located in the Central Valley of

California, I find many problems with your proposal.

First, GoalTender and other low VOC oxyfluorfen formulations are NOT viable 

substitutes for Goal 2XL and other EC oxyfluorfen products. My company has 

over 20 years experience working with Goal 2XL and over 10 years working with 

GoalTender. When it comes to post emergence weed control, GoalTender is not 

a substitute. Our experience in the field and orchard is that Goal 2XL is the only 

formulation that controls hard to control weeds like malva, and helps with 

glyphosate resistant weeds. Goaltender is NOT efficacious as a post emerge 

herbicide.

I have reviewed your list of “kickers” and their cost as it pertains to making 

GoalTender an effective post emergence product. Reliable data does not exist 

that supports your position that these “kickers” are the answer to using 

GoalTender in place of Goal 2XL. Glyphosate is not an effective tank mix partner 

due to the fact that glyphosate is already the foundation of the spray mix. 

Adding a pint of glyphosate will do nothing for resistant weeds and hard to 

control weeds. Paraquat is a Restricted Use Pesticide due to acute toxicity. 

Human toxicity and worker exposure concerns make paraquat an extremely 

poor choice. The most likely “kickers” to be added to GoalTender are Rely and 

Treevix. Rely costs $46/acre and is currently not available from Bayer 

CropScience. It is not expected to be available before 2014 due to market needs 
for glufosinate in the Midwest. Treevix costs $16/acre and the label recommends 

the addition of Goal to broaden the spectrum. The label also recommends an 

“adjuvant system” for post emergent weed control. This “system” includes 

methylated seed oil (MSO) plus Ammonium Sulfate (AMS). With the additional 

costs of the adjuvant system, our growers cannot afford to add $20 to $50 per 

acre to their weed control programs.

Please allow me to comment on the administrative burden that these regulations 

push upon our business and our people. Providing written information on the 

VOC regulations, tracking the intended use period, providing written 

recommendations and maintaining records for two years adds costs to our 

business. We will in turn be forced to pass these costs on to our grower 

customers. This is addition to the $20 to $50 per acre calculated above. 

Additionally, who and how, will applications of oxyfluorfen be monitored to be

certain that only non-VOC formulations will be applied during these time 

periods should that be determined to be necessary. This will put an additional 

financial burden on monitoring agencies to be certain everyone is in compliance.

We need Goal 2XL in our summer post emergent weed control programs. Its 

elimination will result in significant cost increases and decreased weed control in 

orchards and vineyards. This decreased weed control could even result in 

additional trips across the field with a tractor and sprayer. Have you considered 

the effect of additional VOC loading from additional spray trips? 

We respectfully request that you find a way to keep Goal 2XL and other EC 

formulations available during the post emergent market months of May through 

October.

Best Regards,

Scott Hushbeck

Vice President, Western Operations

Wilbur-Ellis Company