UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Proposed Rulemaking

for the

California State Implementation Plan

Revisions to the Department of Pesticide Regulation 

Nonfumigant Regulations

January 2016
1

RULE IDENTIFICATION 

Agency: California Department of Pesticide Regulation (CDPR)

Subject of this Technical Support Document (TSD)

May 23, 2013 CDPR adopts Regulation 12-001 (“Nonfumigant Regulations”) adding new 

sections and making revisions to Title 3 of the California Code of Regulations (3 

CCR):

 3 CCR section 6452 (pertaining to reduced Volatile Organic Compound 

(VOC) emissions field fumigation methods),

 3 CCR section 6452.2 (pertaining to VOC emission limits and 

renumbering to 6881), 

 3 CCR section 6558 (pertaining to recommendations for use of 

nonfumigants in the San Joaquin Valley (SJV) ozone nonattainment area 

(NAA))

 3 CCR section 6577 (pertaining to sales of nonfumigants for use in the SJV

ozone NAA), 

 3 CCR section 6880 (pertaining to criteria to designate low VOC or high 

VOC nonfumigant pesticide products),

 3 CCR section 6881 (pertaining to annual VOC emissions inventory 

report),

 3 CCR section 6883 (pertaining to annual VOC emissions inventory 

report),

 3 CCR section 6884 (pertaining to SJV ozone nonattainment area (NAA)

use prohibitions),

 3 CCR section 6886 (pertaining to dealer responsibilities for the SJV ozone 

NAA),

 3 CCR section 6890 (renumbering to 6864)

(effective November 1, 2013)

February 4, 2015 California Air Resources Board (CARB) submits Nonfumigant Regulations for 

inclusion into the State Implementation Plan (SIP).

August 4, 2015 CARB’s February 4, 2015 submittal becomes complete by operation of law.

SIP Approved Rules

On October 26, 2012, EPA approved revisions to the Pesticide Emission Reductions Commitment for 

the San Joaquin Valley (“Pesticide Element”) and fumigant regulations to reduce volatile organic 

compound (VOC) emissions.1

October 12, 2009 CARB submits portions of the fumigant regulations to EPA (VOC-1, VOC-2, and 

VOC-3) including:

 3 CCR section 6447 (first paragraph only) and 3 CCR sections 6447.3-

6452 pertaining to field fumigation methods. 

 3 CCR sections 6452.1 and 6452.4 and 3 CCR sections 6624 and 6626 

pertaining to the emissions recordkeeping, reporting, and inventory. 

 

1 For the detailed timeline, see Table 5, “Adoption, Submittal, and Completeness Timeline for Revisions to the California SIP 

Pesticide Element,” Technical Support Document, Final Rule, Approval of Revisions to the Pesticide Element of the 

California State Implementation Plan, EPA Region 9, August 14, 2012.
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 Portions of 3 CCR sections 6452.2 and 6452.3 pertaining to field 

fumigation limits and allowances only as applicable to the Ventura County 

ozone NAA. 

October 12, 2009 CARB submits CDPR’s revised “Pesticide Emission Reductions Commitment for 

the San Joaquin Valley.”

August 2, 2011 CARB submits portions of the fumigant regulations (VOC-4 and VOC-5). This 

submittal revised and added to the October 12, 2009 submittal:

 3 CCR section 6400 pertaining to restricted materials. 

 3 CCR sections 6446, 6446.1, 6448.1, 6449.1, and 6450.1 pertaining to 

fumigation method restrictions. 

 Portions of 3 CCR sections 6452.2 and 6452.3 pertaining to field 

fumigation limits and allowances in the Ventura County federal ozone 

NAA. The portions of sections 6452.2 and 6452.3 pertaining to field 

fumigation limits and allowances in the Sacramento Metro, San Joaquin 

Valley, South Coast, and Southeast Desert federal ozone NAAs are not 

included for submittal to the EPA. 

 3 CCR section 6452.4 pertaining to the annual VOC emissions inventory 

report. 

 3 CCR sections 6624 and 6626 pertaining to pesticide use records and 

reports. 

April 24, 2012 EPA proposes to approve CDPR’s revised SIP commitment and fumigant 

regulations submitted on October 12, 2009 and August 2, 2011. See 77 FR 24441.

October 26, 2012 EPA’s final approval of CARB’s October 12, 2009 and August 2, 2011 submittals. 

See 77 FR 65294.

BACKGROUND – On October 26, 2012, EPA approved fumigant regulations and revisions to the

Pesticide Element into the SIP. See 77 FR 65294. These revisions included regulations adopted by the 

CDPR that: reduce VOC emissions from the application of agricultural field fumigants in the South 

Coast, Southeast Desert, Ventura County, San Joaquin Valley (SJV), and Sacramento Metro ozone 

nonattainment areas (NAAs) by restricting fumigant application methods; establish a fumigant emission 

limit and allocation system for Ventura County; require CDPR to prepare and make available to the 

public an annual pesticide VOC emissions inventory report; and require recordkeeping and reporting of 

pesticide usage. EPA also approved CDPR's commitments to manage VOC emissions from the use of 

agricultural and commercial structural pesticides in the SJV ozone NAA to ensure that they do not 

exceed 18.1 tons per day and to implement restrictions on VOC emissions in the SJV ozone NAA from 

nonfumigant pesticides by 2014. We approved these regulations and commitments as complying with 

applicable requirements of the Clean Air Act. For information on this submittal please see EPA’s 

Technical Support Document, Final Rule, Approval of Revisions to the Pesticide Element of the 

California State Implementation Plan, August 14, 2012.

The submitted regulations that are the subject of this TSD address the SIP-approved commitments made 

by CDPR to manage VOC emissions from the use of agricultural and commercial structural pesticides in 

the SJV ozone NAA to ensure that they do not exceed 18.1 tons per day and to implement restrictions on 

VOC emissions in the SJV ozone NAA from nonfumigant pesticides. Nonfumigants account for more 
3

than 75% of the VOC emissions from agricultural and commercial structural pesticides in the SJV ozone 

NAA.

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RULE SUMMARY 

The overall effect of the new and amended regulations is to regulate certain nonfumigant pesticide

products applied to certain crops in the SJV ozone NAA when VOC emissions meet or exceed 95% of 

the 18.1 tons per day limit on VOC emissions, or 17.2 tons per day. CDPR added or revised the rules

specified below largely to establish limits on the sale and use of high-VOC formulations of nonfumigant 

pesticide products that contain abamectin, chlorpyrifos, gibberellins, or oxyfluorfen as their primary 

active ingredient, for use on any of the following seven crops: alfalfa, almond, citrus, cotton, grape, 

pistachio, and walnut. These restrictions are only triggered when the VOC emissions meet or exceed 

17.2 tons per day, as reported in the CDPR’s Annual VOC Emissions Inventory Report. They apply only 

during the May-October “ozone season.” 

Once high-VOC product prohibitions are in effect, they must remain in effect until the “hypothetical 

emissions” for pesticides in the SJV ozone NAA comply with the 17.2 tons per day limit for at least two 

consecutive years. The rules include a calculation to determine the “hypothetical emissions.” The 

purpose of the “hypothetical emissions” calculation is to provide an estimate of the emissions that would 

be emitted if the prohibitions were not in effect.

The rules also require pest control dealers to provide customers written information about these 

restrictions and to indicate on the invoice that the written information was provided. Pest control 

advisors are prohibited from recommending a restricted nonfumigant product, unless it qualifies under 

an exception.

A more detailed list of these and other changes are as follows:

3 CCR section 6452 Reduced Volatile Organic Compound Emissions Field Fumigation Methods

 References to section 6452.4 were changed to section 6881. 

3 CCR section 6452.2 Fumigant Volatile Organic Compound Emission Limits

 New section (f) applying to the SJV ozone NAA, establishes a trigger for the new nonfumigant 

pesticide product restrictions, stating that “if the difference between emissions in the most recent 

emissions inventory report and the 6,700,000 pound (18.1 tons per day) benchmark for this area 

is five percent or less of the benchmark or exceeds this benchmark during the May 1 through 

October 31 time period, the provisions of section 6884 shall apply.” 

 Title was amended to delete “Fumigant.”

 “pursuant to section 6452.2 for areas...” was amended to read “pursuant to section 6881 for the 

Sacramento Metro, South Coast, Southeast Desert, and Ventura ozone nonattainment areas...”

 Total Agricultural and Structural VOC Emissions Inventory Benchmarks from May 1 to October 

31 was amended to delete “San Joaquin Valley” and “Ventura in 2011” and their associated 

limits. “Ventura in 2012 and later” was amended to “Ventura.”

 Minor text changes in sections (a)(1) and (e).

 

2 Annual Report on Volatile Organic Compound Emissions from Pesticides: Emissions for 1990 – 2013, March 2015, 

http://www.cdpr.ca.gov/docs/emon/vocs/vocproj/2013annual_rpt_main.pdf.
4

3 CCR section 6558. Recommendation for Use of Nonfumigants in the San Joaquin Valley Ozone 

Nonattainment Area. 

 This new section prohibits a licensed pest control advisor from recommending use of a pesticide 

that violates (new) section 6884. If the advisor recommends use of a high-VOC nonfumigant 

product as an exception under section 6884(b), the advisor must identify the exception and retain 

the record of the recommendation for at least two years. 

3 CCR section 6577. Sales of Nonfumigants for Use in the San Joaquin Valley Ozone 

Nonattainment Area.

 This new section states that when a sale of a high-VOC nonfumigant product is made, the 

licensed pest control dealer must provide the following VOC information, in writing, at the time 

of purchase or delivery: “High-volatile organic compound nonfumigant products containing 

abamectin, chlorpyrifos, gibberellins, or oxyfluorfen as a primary active ingredient are subject to 

additional use restrictions during May 1 through October 31 when used in the SJV ozone NAA

on the following crops: alfalfa, almond, citrus, cotton, grape, pistachio, and walnut. Use 

prohibitions that may apply are found in Title 3, California Code of Regulations, section 6884. 

The operator of the property must obtain a written recommendation of a licensed pest control 

adviser prior to use on these crops during this time period.”

 The licensed pest control dealer must indicate on the invoice that the information was provided.

6864. Criteria for Identifying Pesticides as Toxic Air Contaminants. 

 This section was formerly numbered 6890.

6880. Criteria to Designate Low-Volatile Organic Compound (VOC) or High-VOC Nonfumigant 

Pesticide Products.

 This new section requires CDPR to designate in its Annual VOC Emissions Inventory Report all 

nonfumigant products containing as their primary ingredient Abamectin, Chlorpyrifos, 

Gibberellins, or Oxyfluorfen as “low-VOC” or “high-VOC,” based on the product VOC 

emission potential. The maximum emission potential percentages (by weight) for designation as 

low-VOC are as follows: Abamectin (35%), Chlorpyrifos (25%), Gibberellins (25%) and 

Oxyfluorfen (15%). Any products with a higher emission potential are to be designated as highVOC.

6881. Annual Volatile Organic Compound Emissions Inventory Report.

 The amended sections require that the annual VOC emissions inventory report do the following:

o (a)(5) – establish prohibitions on high-VOC nonfumigant products pursuant to section 

6452.2(f), and if applicable, determine if prohibitions pursuant to section 6884(c) remain in 

effect; 

o (a)(6) – establish a list of the nonfumigant products that are designated as low-VOC pursuant 

to section 6880; 

o (a)(7) – establish a list of the actively registered nonfumigant products that are designated as 

high-VOC pursuant to section 6880. 

 The amended sections also require low-VOC nonfumigant products that are registered after the 

release of the Annual VOC Emissions Inventory Report to be listed in a supplemental report and 

posted on the CDPR website. 
5

 This section was formerly numbered 6452.4. It contains minor formatting and editing revisions 

to improve clarity.

6883. Recommendation Requirements in the San Joaquin Valley Ozone Nonattainment Area. 

 This new section requires that, in the SJV ozone NAA, the operator shall not apply a high-VOC

nonfumigant product specified in section 6881 during May 1 through October 31 to one of the 

following crops unless the operator obtains the written recommendation of a licensed agricultural 

pest control adviser: alfalfa, almond, citrus, cotton, grape, pistachio, and walnut. The operator 

must retain the written recommendation for at least two years after the application occurs.

6884. San Joaquin Valley Ozone Nonattainment Area Use Prohibitions. 

 This new section applies to agricultural uses of certain high-VOC products specified in the 

Annual VOC Emissions Report containing abamectin, chlorpyrifos, gibberellins, or oxyfluorfen 

as the primary active ingredient from May 1 through October 31. 

 6884(a) establishes prohibitions to using these high-VOC products on seven crops: alfalfa, 

almond, citrus, cotton, grape, pistachio, and walnut. 

 6884(b) provides seven exceptions to 6884(a).

 6884(c) establishes that once high-VOC product prohibitions are in effect, they must remain in 

effect until the “hypothetical emissions” comply with the 17.2 tons per day limit (95% of 18.1 

tons per day) for at least two consecutive years. This section includes a calculation to determine 

the “hypothetical emissions.” The purpose of the “hypothetical emissions” calculation is to 

provide an estimate of what the emissions would be emitted if the prohibitions were not in effect. 

Hypothetical emissions are determined for each pesticide-crop combination. Total hypothetical 

emissions are the sum of these combinations, plus actual emissions for remaining pesticides and 

crops not listed in 6880. 

 6884(d) allows CDPR, on an interim basis, to remove an active ingredient designated as a highVOC in section 6880, remove a crop in subsection (a) or add an exception in subsection (b) 

provided that the CDPR makes a determination that the change(s) would not affect the San 

Joaquin Valley’s ability to comply with the 17.2 tpd limit in section 6452.2(f). This section 

provides criteria upon which the Director must base the determination, including a decrease in 

use that is likely to persist and a calculation of the inventory using the assumption that the 

applications for the most recent two years would have resulted in the highest VOC emissions.

 6884(e) requires CDPR to publish the proposed interim removal of an active ingredient or crop, 

or the addition of an exception in the draft Annual VOC Emissions Inventory Report (see 

Section 6881). The report must describe the calculations used to determine that the limit would 

not have been exceeded in the two most recent years with the removal or addition. CDPR must 

provide a 45-day public comment period before finalizing the Annual VOC Emissions Inventory 

Report. The report will be posted on the CDPR website. The interim removal or addition must be 

evaluated each year in the Report and may only remain in effect for up to three years. 

6886. Dealer Responsibilities for the San Joaquin Valley Ozone Nonattainment Area

 This new section requires each licensed pest control dealer of a high-VOC nonfumigant product 

specified in the Annual VOC Emissions Inventory Report to provide written VOC information to 

the purchaser (pursuant to section 6577) if the sale is made to or for the property operator with an 

operator identification number issued by a county agricultural commissioner in the SJV ozone 

NAA. 
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ALTERNATIVES ANALYSIS

In addition to these regulatory changes, CDPR submitted to EPA a detailed evaluation of alternatives 

that CDPR considered when developing these regulations, entitled “Reducing Volatile Organic 

Compound Emissions from Pesticides: Analysis of Alternatives for Nonfumigant Pesticide Products 

(October 15, 2014).” Section 4 of the document, “Options Considered for Reducing Pesticide VOC 

Emissions,” (see pages 11-18), discusses eight techniques that CDPR considered for controlling VOC 

emissions: 1) reformulating organic solvent-containing pesticide formulations, 2) reducing fumigant 

usage, 3) using alternative application methods, 4) applying microencapsulation techniques, 5) using 

integrated pest management, 6) using alternative active ingredients, 7) reducing the use of crop oils, and 

8) reducing acrolein emissions. CDPR concludes that, in addition to the fumigant restriction already in 

place, “incentivizing reformulation of certain nonfumigant products through the sales and use 

restrictions [of the submitted regulations] is the best alternative for reducing pesticide VOC emissions.”

The report also includes a process that CDPR will use to evaluate the need for additional restrictions. 

This analysis would evaluate the specific products and uses causing the increase in emissions, whether 

the increase is expected to be temporary or permanent, the target pests, and the feasibility of alternative 

active ingredients. See page 32.

EVALUATION CRITERIA - The following criteria were used to evaluate the submitted rule.

1. Enforceability – The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 

Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help 

evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.

2. Stringency – For ozone nonattainment areas classified as moderate or above, CAA section 

182(b)(2) requires the implementation of reasonably available control technologies (RACT) on 

all major sources of VOC and for each VOC source category for which EPA has issued a Control 

Techniques Guidelines (CTG) document. CAA section 182(f) requires that RACT under section 

182(b)(2) also apply to major stationary sources of NOx.

Nonattainment areas are also required to demonstrate reasonably available control measures 

(RACM). CAA Section 172(c)(1) requires that each attainment plan “provide for the 

implementation of all reasonably available control measures as expeditiously as practicable 

(including such reductions in emissions from existing sources in the area as may be obtained 

through the adoption, at a minimum, of reasonably available control technology), and shall 

provide for the attainment of the national primary ambient air quality standards.” RACM 

findings are generally made in context of an overall attainment demonstration. Here, we are 

evaluating whether this rule implements RACT-level controls for this area source category to 

facilitate RACM evaluations in future plan evaluations. 

3. SIP Relaxation – CAA §110(l) prohibits EPA from approving any SIP revision that would 

interfere with any applicable requirement concerning attainment and reasonable further progress 

(RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the 

modification of any SIP-approved control requirement in effect before November 15, 1990, in a 

nonattainment area.
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EPA EVALUATION - A summary of our evaluation of these criteria follows.

1. Enforceability – In order to be enforceable, SIP regulations and commitments must be clear 

regarding, for example, who must comply, by what date, the standard of compliance, the 

methods used to determine compliance, and the process and criteria for obtaining any variation 

from the normal mode of compliance.3 The CDPR rule requirements and applicability are clear. 

If the VOC emissions from pesticides exceeds 17.2 tpd, new restrictions become effective for the 

use of certain nonfumigant pesticides (sections 6452.2 and 6880) on seven specified crops. The 

nonfumigant prohibitions are not lifted until the CDPR calculates that for two years in a row, the 

VOC emissions are less than 17.2 tpy and that they would remain so if the relative mixtures of 

high- and low-VOC pesticide products from the last pre-prohibition year were maintained. The 

process and calculations for making this determination are specified in section 6884. Annual 

VOC emissions from pesticides, including nonfumigants, are published in CDPR’s publiclyavailable Annual VOC Emissions Inventory Report (section 6881).

4 The Report must designate 

the nonfumigant products containing four specific primary active ingredients as low-VOC and 

high-VOC. Exceptions to these prohibitions are clearly specified (section 6884(b)). The rules 

include specific recordkeeping, reporting and other provisions sufficient to ensure that affected 

sources and regulators can evaluate and determine compliance with these regulations 

consistently. 

The CDPR may approve an interim removal of a high-VOC active ingredient or a crop, or an 

interim addition of an exception only if the CDPR makes a determination that these changes 

would not affect the ability to comply with the limit (17.2 tpd). This determination must be based 

on specific criteria (section 6884(d)). For example, to propose an interim removal of an active 

ingredient, the CDPR must determine that there is a decrease in its use and emissions, and that 

the decrease is caused by factors that are likely to persist, and make the most conservative 

assumptions about its effect on the inventory. The CDPR must publish any proposed interim 

removal of an active ingredient or crop, or the addition of an exception in the draft Annual VOC 

Emissions Report for a 45-day public review and comment period. The removal or addition must 

be evaluated each year in the Annual Report and may only remain in effect up to three years 

unless submitted to and approved by EPA.

 

3

“Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency” (Enforceability Guidance), 

Craig Potter, EPA, September 23, 1987. See also General Preamble for the Implementation of Title I of the Clean Air Act 

Amendments of 1990. 57 FR 13498, 13502 and 13541 (April 16, 1992) (General Preamble) and CAA sections 110(a)(2) and 

172(c)(6). 

4 Section 6881 requires CDPR to publish the Annual VOC Emissions Inventory Report. The report for 2013 was finalized in 

March 2015. As a result, when emissions in calendar year 2013 exceeded the 17.2 tpd threshold, the nonfumigant 

prohibitions in section 6884 did not go into effect until the 2015 ozone season (May-October). See CDPR’s Annual Report 

on Volatiles Organic Compound Emissions from Pesticides: Emissions for 1990-2013, Neal et al., March 2015. We note a 

similar lag in terminating the nonfumigant prohibitions. For example, even if emissions in calendar year 2014 are below the 

17.2 tpd threshold, this will not be reported until early 2016. However, the current prohibitions cannot not be terminated 

pursuant to section 6884 until after the 2016 ozone season.
8

2. Stringency – As noted above, CAA section 182(b)(2) requires RACT be applied to all to major 

stationary sources in an ozone nonattainment area classified moderate or above or to non-major 

sources for which EPA has issued a CTG. To date, EPA has not issued a CTG for VOC 

emissions from pesticides. Pesticide emissions are considered fugitive emissions because they 

are emissions that “could not reasonably pass through a stack, chimney, vent, or other 

functionally-equivalent opening.”5 EPA has not yet defined by rule whether fugitive emissions 

must be included in a determination of major source status for the purposes of determining the 

application of section 182(b)(2) RACT requirement; however, EPA believes, based on the 

information provided in the alternatives analysis that CDPR submitted,

6 and the research cited to 

support it, that CDPR has demonstrated that the proposed regulations are stringent enough to 

implement RACT-level controls on the application of pesticides. We also note that we are not 

aware of any more-stringent State or local regulation adopted elsewhere that is designed to 

control VOC emissions from these sources. 

3. SIP Relaxation – We propose to determine that our approval of the submittal would comply 

with CAA §§110(l) and 193 because (1) the proposed SIP revision would not interfere with the 

on-going process for ensuring that requirements for RFP and attainment of the NAAQS are met, 

and (2) the emission limits in the submitted rule are more stringent than the existing SIPapproved control requirements that they would replace.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION - The following 

revisions are not currently the basis for rule disapproval, but are recommended for the next time the rule 

is amended. 

1. Consistent with CAA Title V and the federal statute of limitations, we recommend that 3 CCR 

section 6558 require that records be maintained for five instead of two years.

EPA ACTION - The submitted new sections and revisions to 3 CCR made by the Nonfumigant 

Regulations strengthen the SIP and largely fulfill the relevant CAA §110 and part D requirements.

Therefore, EPA staff recommends approval of these rules pursuant to CAA §110(k)(3) and §301(a). 

 

5 See 40 CFR 70.2 (Definitions).

6

“Reducing Volatile Organic Compound Emissions from Pesticides: Analysis of Alternatives for Nonfumigant Pesticide 

Products (October 15, 2014).”
9

REFERENCES

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) 

EPA OAQPS, May 25, 1988.

2. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little 

Bluebook), EPA Region 9, August 21, 2001.

3. Technical Support Document, Final Rule, Approval of Revisions to the Pesticide Element of the 

California State Implementation Plan, EPA Region 9, August 14, 2012.

4. Text of Final Regulations, Division 6. Pesticides and Pest Control Operations: Chapter 2. Pesticides, 

Subchapter 4. Restricted Materials, Article 4. Field Fumigation Use Requirements; Chapter 3. Pest 

Control Operations, Subchapter 1. Licensing, Article 5. Agricultural Pest Control Adviser Licenses, 

Article 6. Pest Control Dealer Licenses; Chapter 4. Environmental Protection Subchapter 2. Air, 

Article 1. Toxic Air Contaminants, Article 2. Volatile Organic Compounds, California Department of 

Pesticide Regulations, as submitted to EPA on February 4, 2015.