[asia-apec 1400] Action Alert - Methyl Bromide

[Anuradha Mittal]

Action Alert from 
Californians for Pesticide Reform
February 17, 2000


Protect the Public from Methyl Bromide!
 ---Write letter --- Attend hearing ---

On January 18, 2000 California's Department of Pesticide Regulation 
(DPR) issued draft regulations on the toxic pesticide methyl bromide, 
covering many aspects of how farmers can use this chemical. 
Unfortunately, the new regulations are totally inadequate at protecting 
the public from this deadly pesticide. To gather public input, DPR will 
hold 4 public hearings in March and is now accepting written comments on 
the proposed regulations.

Letters and attendance at the hearings is URGENTLY needed to convince 
state officials to protect nearby residents, school children and 
farmworkers from methyl bromide (MB).
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
BACKGROUND

* Methyl bromide is widely used across California to grow strawberries, 
grapes and other crops. In 1998, California used nearly 14 million 
pounds of methyl bromide, making it one of the largest methyl 
bromide-using regions in the world.

 * Methyl bromide is a potent nerve toxin that is extremely dangerous to 
people and the environment. EPA classifies it as a Toxicity Category I 
toxin and methyl bromide has caused birth defects and brain/nervous 
system damage to laboratory animals. Methyl bromide also depletes the 
Earth's protective ozone layer and is scheduled to be phased out in 
industrialized countries in 2005.

 * In 1999, a coalition of environmental and health organizations won a 
State Superior court law suit, charging that the state's previous methyl 
bromide guidelines were not uniform and enforceable regulations. The 
judge ordered Department of Pesticide Regulation (DPR) to draft new 
statewide regulations.

* Environmental, health and farmworker organizations across the state 
are extremely disappointed with the proposed regulations. Instead of 
protecting the public from dangerous pesticides, Governor Davis and his 
Administration have largely repackaged the old methyl bromide guidelines 
into new regulations with no substantial changes. The proposed 
regulations fall far short of protecting the health of farmworkers, 
children and the general public.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

PROBLEMS WITH THE REGULATIONS

1. Schools: The new rules prohibit MB use near an "adjoining" school 
within 36 hours of classes being in session. But DPR's own monitoring 
has shown that elevated levels of MB can remain in the air more than 48 
hours after fumigations. This means that if farmers fumigate on Saturday 
morning, MB could still be present when school starts on Monday. In 
addition, the regulations do not define how close "adjoining" schools 
are to fumigated fields and does not take into account the number of 
after-school and weekend activities undertaken by children on school 
property. This despite recommendations from state scientists that 
children in particular need a higher level of protection from methyl 
bromide.

2. Buffer zones: The minimum distance that must be maintained between
fumigations and neighboring properties (such as residences and schools) 
was actually DECREASED from 100 feet in the previous guidelines to the 
currently suggested 60 feet minimum. This is clearly a step backwards 
since the previous 100 foot buffer zone was not adequate to protect 
public health, and 60 feet is EVEN WORSE. In addition, the regulations 
make no attempt to protect residents, children or workers from long-term 
exposure to methyl bromide.

3. Public notification: DPR is proposing that methyl bromide users 
notify sensitive sites (schools, homes, hospitals, etc) that are 300 
feet from the buffer zone about upcoming MB use. This is inadequate 
since MB can drift more than 300 feet from fumigation sites and users 
would have to notify just 8 days before the fumigation, not allowing 
residents enough time to challenge the action. Neighbors can ask for a 
more detailed information, but the public has a right to know about MB 
use and residents should not have to request this important information. 
The proposal also requires notice only to property operators, ignoring 
renters, school staff, students
and other people who may be affected but do not own nearby property.

4. Worker safety: to protect farmworkers working near fumigated fields, 
DPR has proposed a worker buffer zone of 50 feet. But independent 
scientists have shown that this buffer zone should be at least 190 feet 
to adequately protect workers from short-term peak exposures of methyl 
bromide. The regulations also do nothing to protect workers against 
repeated or sub-chronic exposure, such as people working or living near 
fumigated fields and those assisting with fumigations.

5. Upcoming Ban: Under an international ozone protection treaty, methyl 
bromide use in industrialized countries (including the U.S.) will be 
reduced by 50% in 2001, 70% in 2003 and banned in 2005. But instead of 
helping California farmers meet these deadlines, the Davis 
Administration is conducting business as usual and made no provisions in 
the regulations to help farmers switch to sustainable alternatives.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

TAKE ACTION

1. Send a letter immediately to Governor Gray Davis and the Department 
of Pesticide Regulation, protesting the Administration's failure to 
protect the public from methyl bromide. Please email or send us a copy. 
(See sample letter and our contact information below.)

2. Let us know if you want to attend the state's public hearings on 
methyl bromide where communities can criticize these regulations. DPR 
will hold hearings in Fresno, Salinas and Ontario and Ventura, at these 
locations:

*Salinas: Tuesday March 7, 6:00 PM, 940 North Main Street (Santa Lucia 
Room)
*Fresno Area: Thursday March 9, 1:00 p.m., University of California 
Kearney
Agricultural Center, 9240 S. Riverbend Avenue, (in Parlier)
* Ventura: Saturday March 11, 1 p.m., Seaside Park.
* Ontario: Monday March 13, 1:00 p.m., Ontario Convention Center, 2000 
Convention Center Way, Room 100A/B

3. For more information please contact:
* Anne Schonfield, Pesticide Action Network, 415-981-1771, email:
annes at panna.org
* Bryan Neuberg, Pesticide Watch, 415-981-6205 x 323, email:
nomethyl at earthlink.net

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

SAMPLE LETTER ON METHYL BROMIDE (Please personalize and put on your 
letterhead)

Governor Gray Davis
State Capitol Building
Sacramento, CA 95814
fax: 916 445 4633
(the governor does not accept email)

Dear Governor Davis,

My organization is extremely disappointed with the draft regulations on 
methyl bromide recently released by the Department of Pesticide 
Regulation (DPR) and we urge you change them to better protect 
California school children, residents and farmworkers who are on the 
front lines of methyl bromide use in our state. I am particularly 
concerned about the following:

1. Schools: Since air monitoring has shown that high levels of methyl
bromide can remain in the air more than 48 hours after fumigation, DPR's 
36 hour window is inadequate to protect our children. The regulations 
also ignore state scientists' recommendations that children need a 
higher level of protection than adults. We believe that all methyl 
bromide applications within 1,000 feet of schools and day care centers 
should be banned.

2. Buffer zones: The suggested minimum buffer zone of 60 feet is 
actually WORSE than the 100 feet buffer zone under the Wilson 
Administration.  THIS MUST BE CHANGED. We believe that the minimum 
residential buffer zone should be at least 1,000 feet to adequately 
protect the public.

3. Public notification: The public has a right to know about methyl 
bromide use near their homes, schools and work places, and Californians 
should not be forced to ask for detailed use information. We believe 
that all schools, residences and other facilities within 1 mile of 
fumigations should receive
detailed written notification at least one month before methyl bromide 
applications.

4. Worker safety: to adequately protect farm workers from short-term 
peak exposures to methyl bromide, independent scientists have shown that 
worker buffer zones should be at least 200 feet.

Since methyl bromide will be banned in the U.S. (and other 
industrialized countries) in 2005, we urge you to take a leadership role 
in helping farmers replace this pesticide with non-chemical alternatives 
that are much safer for people and the environment.

Thank you for your attention to this important issue.

Sincerely,
Your Name and Organization
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


VERY IMPORTANT: To have your comments officially considered by DPR, you 
must fax/email a copy of this letter to: Fred Bundock, Department of 
Pesticide Regulation, 830 K Street, Sacramento, CA 95814-3510, email: 
dpr00001 at cdpr.ca.gov, fax: 916-324-1452

Please also send a COPY of your letter to Anne Schonfield, Program 
Coordinator at Pesticide Action Network (email annes at panna.org, Fax 
(1-415) 981-1991) and to DPR Director Paul Helliker, fax: 916-324-1452 
or phelliker at cdrp.ca.gov.

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