Natural Resources Committee Home

January 26, 2009

The Honorable Lisa Jackson
Administrator
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, NW
Mail Code: 1101A
Washington, DC 20460

Dear Administrator Jackson:

On behalf of the nation's governors, we write regarding EPA's mitigation measures in the Reregistration Eligibility Decisions (REDs) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for soil fumigant pesticides. We appreciate EPA's efforts to address potential effects of pesticide use; however, we have concerns that the proposed measures would lead to serious unintended consequences for state-owned nurseries.

Forest and conservation nurseries produce more than 1.6 billion seedlings each year, with over one-third produced by state-owned nurseries. These seedlings are used to repopulate forests after timber clearings, forest fires, and for other conservation purposes. Because of this, forests continue to play a pivotal role in providing public benefits such as a source of renewable energy, supplying clean air and water, and sequestering carbon.

Governors believe that the federal government should work with states to address any unintended consequences that federal environmental programs and policies may have with regard to state lands and resources. In addition, any expanded pesticide requirements should be accompanied by sufficient funding to meet those requirements. As proposed, REDs for soil fumigants call for increased mitigation measures such as increased buffer zones, additional monitoring, and documentation of soil fumigants. These measures will lead to increased administrative and capital costs to states. Further, increased buffer zones will lead to decreased production of seedlings. Restrictive state budgets coupled with no additional federal funding for these expanded mandates will also put nurseries at serious risk of closure, severely decreasing the available seedlings for reforestation purposes.

We urge EPA to delay for two years the REDs and work with states to fund and administer the proposed soil fumigation mitigation measures in a way that will ensure the states’ continued participation in reforestation efforts. We look forward to your response and to working with you to find solutions to ensure the continued productivity of the nation’s forests.

Sincerely,