Comment Log Display

June 20, 2007

Chairman Robert Sawyer, Ph.D. and Members of the Board
California Air Resources Board
1001 I Street
Sacramento, CA 95812

RE:  Comments on the 2007 SIP – Appendix H

Dear Chairman Sawyer and Members of the Board:

The California Strawberry Commission would like to express our
support for amendment of the 1994 SIP for Ventura in Appendix H of
your June 22, 2007, agenda item considering a statewide strategy
for the 2007 California SIP.  The California Strawberry Commission
(CSC) represents all the 600+ growers, shippers, and processors of
strawberries in California. California produces 88% of the fresh
and frozen strawberry fruit in the USA with a current value of
$1.6 billion.

We would like to bring the following to your attention: 
•	Ventura achieved the 1-Hour Ozone Standard in 2002; 
•	Ventura County agriculture has significantly reduced emissions
and adopted the best available control technology; 
•	the economic and environmental impacts if appendix H is not
approved;
•	amending the 1994 SIP is good for the economy and the
environment;
•	the 1994 SIP has been amended for Ventura in the past.

If Appendix H is not approved to transfer 1.9 tpd to the pesticide
element of the 1994 SIP, DPR has reported that 10,000 acres will
have to stop current production practices.  According to the
Ventura County Agricultural Commissioner’s most current Annual
Crop Report (2005), this would have an economic impact of $286
million and we believe a loss of as many as 20,000 jobs. 
Moreover, the resulting pressure to develop these lands would
likely lead to more emissions.

Ventura achieved the 1-Hour Ozone Standard in 2002

As you know, Ventura satisfied the 1994 SIP and achieved
compliance with the federal 1-Hour Ozone Standard in 2002.  “Best
Air on Record…” reads a December 10, 2004 press release by the
Ventura County Air Pollution Control District, noting, “There were
NO exceedances of the federal one-hour ozone standard and NO health
advisories”  The release further states, “With no exceedances
during 2004, two exceedances in 2003, and one exceedance in 2002,
Ventura County has effectively attained the federal one-hour ozone
standard.” 
 

Ventura County agriculture has reduced emissions and adopted BACT


When the 1994 SIP was approved, the most common fumigation
technology resulted in 74% emissions.   In 1996, the United States
Department of Agriculture, Agriculture Research Service formed a
partnership with the California Strawberry Commission to evaluate
fumigant alternatives.  For the next several years, the
partnership conducted over 25 on-farm, large scale demonstration
projects.  These projects showed that drip technology could both
reduce the amount of fumigant needed to be used, and that the drip
technology also reduced the emissions from 74% down to 22%1.  In
other words, compared to the standard technology used in 1994, the
new drip technology is at least 80% cleaner.

Beginning in 1999 and continuing for several years, the Commission
published multiple papers on drip technology and recommended its
adoption.  Over the next 8 years the strawberry industry
overwhelming adopted this new method and over 95% of the
strawberry acreage in Ventura now use the lowest emission methods
identified by DPR for each fumigant applied.

Flawed science leads to a flawed judicial order

Despite the fact that Ventura has achieved the federal 1-hour
ozone standard, and that Ventura agriculture has adopted BACT,
there is a remnant in the 1994 SIP that will cause an economic
hardship if Appendix H is not approved and will directly lead to
changes in land use that will likely result in significant
increases in VOC emissions compared to the current agricultural
uses.

In El Comite para el Bienestar de Earlmart v. Helliker, the Judge
ordered DPR to implement a regulation using 1991 as a base year. 
Because the Judge only considered information that was used to
develop the 1994 SIP, the court did not receive information about
the numerous scientific flaws in the 1990/91 base years.  For
example, in 2003, EPA sent a letter to ARB stating that Methyl
Bromide is not a VOC .  Simply subtracting Methyl Bromide from the
Ventura inventory reduces total pesticide emission by nearly 50%,
resulting in total pesticide emissions constituting less than 3.5%
of Ventura’s total ROG emissions.

The Economic Impact

Because the judge got it wrong, the DPR regulation will be about
satisfying an obsolete process and have a minimal effect on
improving air quality.  More specifically, because the order is
based on obsolete scientific findings, DPR has reported that the
new regulation would cause 10,000 acres  to stop production, kill
20,000 jobs and result in an economic loss of up to $286 million ;
all to accomplish a 2% reduction in total VOC emissions in Ventura,
for an air district that has already achieved the federal 1-hour
ozone standard.

The Environmental Impact
DPR Director, Mary Ann Wamerdam recently stated, “Is California
agriculture part of our air-quality problem or is it part of the
solution?  The shift to higher-value crops and more fumigant use,
for example, is one side effect of a statewide real-estate boom.
Farmers who lease their fields have a hard time competing with
land speculators. And farmers who own land have good reason to
cash out before the next commodity price downturn, drought, or
flood pulls them into debt for years to come.  With so much riding
on every year’s crop, it’s little wonder that lenders and
landowners require growers to fumigate their fields — whether they
want to or not — to ensure profitability.  We must recognize that
every segment of our society has some value in the overall scheme
of things. Grow crops or suburbs? It’s a false choice for the
environment to swap one source of smog for another that could be
worse.” 
As published in the DPR Statement of Reasons for their proposed
VOC regulation, if Appendix H is not approved 10,000 acres will be
impacted.  The loss of fumigation will mean that yield will drop by
half  and growers will face financial hardship for no good reason. 
Without profitable agricultural use, this land will ultimately be
developed into uses that will undoubtedly result in increased VOC
emissions.

Not a Precedent

The 1994 SIP was a plan.  New data becomes available and plans
change.  Since 1994, we know that BACT has been applied, that the
air district has achieved the 1-hour ozone standard, and that the
old 1991 inventory is significantly exaggerated.

In past years, Ventura has had similar situations where the 1994
SIP has been amended to allow for a transfer of credits from one
strategy to another strategy.  For example, the adhesives rule
originally adopted by the local Air Pollution Control District had
to be amended and credit from other programs was transferred to
satisfy the targets originally planned.  Such amendments are
allowed by the Clean Air Act, and not unusual.  This is not
backsliding on the SIP commitment.  It is an adjustment to the
plan.

Our Request:  amending the 1994 SIP is good for the economy and
the environment

Your staff recommendation, reflected in Appendix H, proposed to
revise the 1994 Ozone SIP to substitute 1.0 tpd of ROG emission
reductions from California’s on-going motor vehicle program, for
1.0 tpd of ROG emission reductions committed to for pesticides in
the 1994 Ozone SIP in Ventura County.
 
After Appendix H was published, DPR published its proposed VOC
regulation and supporting documentation.  DPR’s VOC Emissions
Adjustment Memo (Table 23) shows that after BACT is utilized by
100% of the growers on 100% of the acres, that there is still a
1.348 tpd shortfall.  This analysis was based on data from 2004. 
Growth has occurred since then.  When adjusted with published data
for 2007 acreage, the shortfall is 1.869 tpd.  In other words,
since Appendix H was published, DPR has published new technical
data demonstrating that the correct amount to be transferred is
1.9 tpd.

We request that you approve Appendix H with the corrected number
of 1.9 tpd to be transfer from the motor vehicle program to the
pesticide element.

Thank you for the opportunity to comment.

Sincerely,

 
Mark Murai
President