DPR ISSUES REVISED VOC RULES FOR PUBLIC COMMENT

THE CALIFORNIA Department of Pesticide Regulation has released a revised draft of its rules to reduce volatile organic compound (VOC) emissions from pesticides that may give San Joaquin Valley almond growers more latitude to fumigate replanted orchards.

While the new draft increases the pesticide VOC emissions cap during the peak ozone period from May 1 through Oct. 31, SJV growers during that time period will continue to be confined to lower emissions soil fumigant application methods and other restrictions that may impact the efficacy of those fumigations.

In response to a 2006 federal court order, DPR enacted a set of regulations on the use of VOC-emitting pesticides, notably soil fumigants and emulsifiable concentrate (EC) pesticides, that severely restrict application methods, timing and volume of all commonly used fumigants during the peak ozone period from May 1 to Oct. 31 in the San Joaquin Valley. The new rules went into effect January 2008.

The court order had required DPR to adopt regulations to cut pesticide VOC emissions by 20% from 1991 levels.

DPR revisited its new rules after the 9th Circuit Court of Appeals in August overturned that decision. Under the new draft, DPR instead used 1990 baseline levels to target a 12% reduction in VOC emissions, as originally required in the 1994 State Implementation Plan (SIP) for ozone.

Revised rules also delay the potential for triggering fumigant allowances under those emissions caps until 2011. The revised rules continue to restrict soil fumigant applications to lower emissions methods and require field fumigators to be specifically licensed.

Public comment on the revision of the rule is open until Jan. 15 and can be made on the DPR Web site. Public hearings will be held January 12 in Bakersfield and January 14 in Sacramento. Air quality advocates are unhappy with the proposed revision. DPR is expected to have a final rule in place by May 1, in advance of the peak ozone period.

More room under the emissions allowance could mean that almond growers in the San Joaquin Valley will have some ability to fumigate replanted orchards during the peak ozone period when most preplant soil fumigations for almonds are taking place. Under the previous cap, most of the VOC emissions cap was used up by EC formulation pesticides used in the SJV, leaving little or no room for soil fumigations use.

"Increasing the cap will take some of the pressure off almond growers, but it's important to remember we will still need to work hard to reduce overall pesticide VOC emissions in light of these new regulations," said Gabriele Ludwig, Almond Board of California (ABC).

The ABC continues to support research and education efforts to help almond growers comply with mounting restrictions on soil fumigants and to reduce VOCs from pesticides. ABC-funded research is looking at techniques to reduce fumigant emissions as well as to understand replant disorder for better pest management. Its participation in groups such as the Almond Pest Management Alliance II helps identify and promote reduced risk pest management strategies in almonds that can decrease reliance on high VOC-emitting pesticides. In addition, registrants are releasing formulations with lower VOC emissions of commonly used pesticides.

More recently, ABC is participating with DPR on a collaborative project geared at reducing VOC emissions from pesticide use in nut and tree fruit orchards in the San Joaquin Valley.

Ludwig said the project, which is funded by a $160,000 grant from the U.S. Environmental Protection Agency, will focus on information gathering, outreach and education on VOC emissions and water contamination related to pesticide use. It will develop a user-friendly database to quantify the potential for VOC emissions from pesticides and use existing outreach programs to educate growers and PCAs on ways to reduce the potential for VOC emissions and runoff in their operations.