Methyl bromide hanging in the balance (again)

Methyl bromide and other soil fumigants are in the news. On August 29, the EPA agreed to extend the comment period on registration decisions on soil fumigrants, including methyl bromide. From the EPA comes this background:


On July 16, 2008, EPA issued a notice in the Federal Register announcing the availability of the Reregistration Eligibility Decisions (REDs) for the soil fumigant pesticides chloropicrin, dazomet, metam sodium/ potassium, and methyl bromide. The notice also announced a 60–day public comment period. This document is extending the comment period for 45
days, from September 15, 2008, to October 30, 2008.


Here are a couple of industry letters to the EPA describing why growers and others needed more time:

I am writing on behalf of grower’s of The California Strawberry Nurserymen’s Association to request a 45-day extension of the comment period on the Reregistration Eligibility Decisions (REDs) for Chloropicrin, Dazomet, Metam Sodium and Methyl Bromide (73 Fed. Reg. 40871). Chloropicrin and other soil fumigants are not only important, but necessary for the successful cultivation of Nursery Strawberry Plants ( which provides the California Strawberry Industry with plants to replant the 30,000 acres of commercial fruit producing acreage annually). Therefore, participation in the public comment process is imperative for all growers. However, since the current comment period has occurred during one of the busiest time of year for growers, we do not have sufficient time to review and analyze the multiple REDs and the extensive technical support documents. Many support documents, including EPA’s response to previous grower comments were made available by EPA for the first time on July 16.

In particular, as proposed, the risk mitigation plans in the REDs will greatly impact growers by adding considerable costs for each fumigation. In order to fully consider the feasibility of these mitigation plans, as well as adequate alternatives, growers must consult with registrants and other stakeholders. Moreover, growers use multiple soil fumigants and must consider the overall affects of the REDs. Growers simply do not have sufficient opportunity to do so in the given comment period.

Growers realize that other affected groups have also requested extensions and we join in their requests to extend the comment period by additional 45-days.

Bob Tipton

Strawberry Nursery Manager

Driscoll Strawberry Associates

22000 Bend Ferry Road

Red Bluff , Calif.

And another letter here.....


We are contacting you today to respectfully request a 60 day extension of the comment period on the Reregistration Eligibility Decisions (REDs) for Chloropicrin, Dazomet, Metam Sodium and Methyl Bromide (73 Fed. Reg. 40871). In order to fully consider the economic and practical feasibility of these mitigation plans, as well as adequate alternatives, growers must consult with registrants and other stakeholders. We believe that in order to fully discuss the implications of suggested mitigation measures, the additional time will allow us to adequately consult with growers, commodity groups, and pest management rofessionals. As you are aware, our coalition plans to visit DC in mid-October and would like to discuss our concerns with EPA scientists at that time. Your consideration of this request is greatly appreciated. \

Sincerely,
Lori Berger
California Specialty Crops Council
4500 S. Laspina Suite 214
Tulare, CA 93274


TK: Methyl bromide has been under attack for two decades as an ozone depleter. Here is coverage from Tom Burfield of The Packer from February of this year, describing the challenges strawberry growers face with regulation.


The methyl bromide dilemma has long been a thorn in the side of California strawberry growers. But this season the thorn could cause more pain than ever.
It started in the 1980s when the fumigant used in growing strawberries was classified as a depleter of the ozone layer, which protects the earth from the sun's ultraviolet rays.
In 1987, the Montreal Protocol, an international treaty, called for phasing out use of the compound by Jan. 1, 2005, except in situations where growers could find no alternative. In those cases, growers could request a critical-use exemption.
An exemption has been granted for strawberries each year from 2005 to 2008, and late last year the Environmental Protection Agency recommended that the Montreal Protocol's technical options committee approve 100% of the amount the Watsonville-based California Strawberry Commission requested for 2009, said Rick Tomlinson, the commission's director of government affairs.
"For the first time in the entire process, both the federal EPA and Montreal Protocol acknowledged that 100% of what the industry requested is an accurate, critical need," he said.
Despite the exemption, the amount of methyl bromide that can be produced is reduced each year. The U.S. has transitioned more acres of methyl bromide to alternatives than any other country, and California's strawberry growers have invested more in emission reduction than any other commodity, Tomlinson said.
Reducing inventories
But just as strawberry growers thought they were set through 2009, another division of the EPA decided to change the rules, Tomlinson said.
"U.S. EPA wanted to reduce the amount of inventories that registrants have in their possession," he said.
To do that, the EPA ruled that manufacturers would have to use existing supplies to fill 40% of growers' authorized needs this year. The agency is allowing production of only 60% of what was approved by the protocol and the EPA itself, "purposely creating a shortage," Tomlinson said.
Theoretically, there should be enough methyl bromide on hand to meet growers' needs, but since these are pre-2005 inventories, manufacturers don't have to sell it.
"They can hold it as an investment, or they can choose to sell it," Tomlinson said.
As a result, "We expect to start seeing shortages in methyl bromide this year," he said. "The farmers are the ones that are stuck in the middle."
The U.S. District Court in Sacramento has ordered the state cut back pesticide emissions by 20% from 1991 levels in areas that did not meet national health standards for smog in 1994, Tomlinson said.
But Tomlinson sees two problems with the order.
According to a 2004 news release from the Ventura County Air Pollution Control District and other documents, Ventura has met the standards since 2002, he said. But the court has failed to acknowledge that.
Also, the EPA has mistakenly classified methyl bromide as a reactive, volatile organic compound that needs to be regulated, Tomlinson said.
The case is being appealed but could take years to resolve.
Despite the multi-pronged methyl bromide crisis, Tomlinson remained optimistic.
"We have big issues, but we also have smart farmers," he said. "We're dedicated to finding solutions."