Department of Pesticide Regulation . i - Gravis Paul E. Helliker Governor Director Winston H. Hickox Secretary, California Enwronmental Protection Agency April 2, 2001 Mr. Michael J. Tanner Merced County Agricultural Commissioner 21.39 Wardrobe AVenue Merced, California 95340-6495 Dear Mr. Tanner: In 1990, based on monitoring data indicating elevated air concentrations of toxicological concern, the Department of Pesticide. Regulation (DPR) advised the county agricultural commissioners to suspend use of 1,3-Dichloropropene known as Telone in the formulation sold by Dow AgroSciences. After extensive interagency review, in 1995 DPR authorized the limited reintroduction of The reintroduction required the use of a variety of control measures, in the form of amonded pesticide labels, restricted materials permit conditions, and registrant controls on distribution and use. Since last October, we have met with a number of commodity groups who anticipate serious production problems in the future, due to the loss of methyl bromide as a soil ?rmigant. The unavailability of other fumigants has increased the popularity of as an alternative. Since the original reintroduction of the main regulatory control measure involved limiting the amount of use in a geographic area (township) on an annual basis. The township cap was chosen as a regulatory tool to manage exposure; In a number of townships, the cap on annual use has been or will soon be reached this year. This has prompted a number? of affected grower groups to request relief from the township cap limit. In response to these Challenges, Do'w AgroSciences and we are exploring methods for managing the use of to re?ect local conditions. Unfortunately the complexity of this endeavor is taking longer than expected. We fully expect to have a methodology developed for the 2002 permit season. In light of the severe crisis facing some sweet potato growers in your county, we are authorizing the use of 1,3 -D above the annual cap level for three townships in Merced County (Township 78, Range Township 78, Range and Township GS, Range 11E). The annual limits for each township will be adjusted to allow an additional 2,500 gallons for Township 78, Range 16,400 gallons for Township 78, Range and 500 gallons for Township 68, Range 11E. FLEX YOUR The energy challenge facing California is real. Every Californian needs to take immediate action to reduCe energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web site at cdpr. ca. gov>. 1001 I Street - PO. Box 4015 - Sacramento, California 95812-4015 - A Department?of the California Environmental Protection Agency Mr. Michael J. Tanner April 2, 2001 Page 2 In making this decision we acknowledge that the annual average air exposures for these three townships would exceed the desired long-term chronic exposure levels. For that reason, we are limiting the authorization to increase use in these townships for only calendar years 2001 and 2002. For the 2003 permit season, we expect that these townships?will return to the township limits that are currently in place, or any that may be established through the additional analysis that Dow AgroSciences and we will conduct. We also expect that during the next two years, growers, registrants, and others will collaborate to develop a plan to achieve necessary pest control with a variety of tools, including use of at levels no greater than the limitations that DPR has imposed on annual usage. If you would like any additional information on this temporary modi?cation in usage restrictions, please feel free to call me. Sincerely, Paul E. Helliker Director (916) 445 -4000 cc: Mr. Bryan Stuart, Dow AgroSciences County Agricultural Commissioners Mr. Paul Gosselin Mr. Ronald Oshima Mr. Doug Okumura Dr. Tobi Jones Mr. Scott Paulsen Mr. John Sanders Mr. Dan Merkley