DPR Drafting Regulations for Methyl Bromide, Chloropicrin

Media Contacts:
Veda Federighi, 916/445-3974
Glenn Brank, 916/445-3970

September 13, 1999 (99-22)
http://www.cdpr.ca.gov

DPR DRAFTING REGULATIONS FOR METHYL BROMIDE, CHLOROPICRIN

SACRAMENTO -- Cal/EPA's Department of Pesticide Regulation is developing statewide regulations on the agricultural use of methyl bromide and chloropicrin, DPR Director Paul E. Helliker announced today. In addition to those two fumigants, DPR is re-evaluating other high-risk pesticides to determine if new regulations are appropriate.

These mandatory rules would replace some of the discretionary controls now set at the county level, said Helliker. "Since 1979, the state has relied on county agricultural commissioners to decide on use restrictions for many pesticides used in their counties, and this process has usually worked well," he said. "Because we have new data on risks and exposure to these chemicals, it is time to re-examine our system to ensure that it continues protecting public health and our environment."

Helliker emphasized that county agricultural commissioners will maintain an integral role in regulating pesticides. "While commissioners must retain some flexibility to respond to local conditions, they also can benefit from statewide directives that are unambiguous and consistent," he said. "The public and pesticide users benefit too, because the rules are clear and apply statewide."

Transferring some permit restrictions into regulatory requirements will meet two important DPR goals, said Helliker. "First, it ensures the uniform enforcement of use practices we feel are most critical to protecting health and the environment. Second, our use of the formal regulatory process will allow the public to have a voice in the outcome."

Helliker said that promulgating conditions for the use of restricted chemicals -- such as buffer zones around fields fumigated with methyl bromide -- are part of an overall reassessment of DPR enforcement policies and procedures. "While I believe that California has the nation's best pesticide regulatory program, we can always improve," said Helliker. "Our rules must be clear, and they must be carried out fairly and equitably."

California's system for regulating the most toxic pesticides is the strictest in the nation. California is the only state that requires users of these "restricted materials" to obtain both special training and a site-specific permit from their county agricultural commissioner. When considering whether to issue a permit, commissioners must first take into account the presence of sensitive sites in the area -- for example, schools, hospitals, and residential neighborhoods. A commissioner may deny the permit, or may require specific use practices designed to protect health and the environment. DPR provides guidelines for specific use practices that commissioners may require before granting a permit.

A number of factors motivated DPR to begin the rulemaking process. Under the Birth Defects Prevention Act of 1984, DPR required additional health effects studies to be performed on methyl bromide and other pesticides. DPR recently completed a risk characterization for methyl bromide that is currently undergoing scientific peer review before release to the general public. DPR risk assessments for about two dozen other pesticides are also in progress. DPR will consider regulations to address any additional safety measures indicated by these risk assessments.

In addition, DPR held a symposium on methyl bromide monitoring techniques in late June. Participants made a number of recommendations on changes in methodologies to improve the accuracy of monitoring. Those recommendations -- which could also alter buffer zones -- will be reflected in the regulations, Helliker said.

Finally, a recent San Francisco Superior Court decision requiring DPR to adopt regulations on field fumigation use for methyl bromide and chloropicrin will also be factored into the rulemaking process.

Helliker said that in the coming weeks, the Department will discuss possible approaches to regulations for methyl bromide and chloropicrin with representatives of activist groups and the regulated community. These informal discussions will be followed by the formal public notification and comment period required for all proposed regulations, including a public hearing if one is requested.

One of six boards and departments within the California Environmental Protection Agency, DPR regulates the use of pesticides to protect human health and the environment.