California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 4 - Restricted Materials › Article 4 - Field Fumigation Use Requirements › Section 6447 - Methyl Bromide-Field Fumigation - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this section and sections
						6447.1,
						6447.2,
						6447.3, and
						6784(b) pertain to
						field soil fumigation using methyl bromide. For purposes of these sections,
						field soil fumigation does not apply to golf courses, replant of individual
						vine or tree-sites (tree holes) less than one contiguous acre, raised-tarpaulin
						nursery fumigations of less than one acre, potting soil, and greenhouses and
						other similar structures.
(a) In
					 addition to the requirements of section
					 6428, the operator of the property
					 to be treated shall submit a proposed work site plan to the commissioner for
					 evaluation at least seven days prior to submitting a notice of intent. The
					 proposed work site plan must include, but is not limited to, method of
					 application to be used, acreage and identification of each application block to
					 be treated, broadcast equivalent application rate to be used, description of
					 the notification procedure to property operators pursuant to section
					 6447.1(b),
					 description of any activities within the buffer zone(s) as specified in section
					 6447.2(c) and (d),
					 description of any workday/work hour limitations as specified in section
					 6784(b)(3) and
					 respiratory protection as specified on the label, and if applicable,
					 description of the tarpaulin repair response plan. The commissioner shall
					 retain the proposed worksite plan for one year after the expiration of the
					 permit.
(b) The commissioner,
					 pursuant to section
					 6432, shall evaluate local
					 conditions and the proposed work site plan.
(c) The commissioner shall include at least
					 the following when conditioning a permit: the buffer zone requirements,
					 work-hour restrictions, notification requirements, any other restrictions to
					 address local conditions, and if applicable, description of the tarpaulin
					 repair response plan. The commissioner shall complete the evaluation and
					 complete conditioning the permit prior to the submission of the notice of
					 intent.
(d) An application block
					 must not exceed 40 acres unless approved by the Director.
(e) Except for experimental research purposes
					 pursuant to a valid research authorization issued according to section
					 6260, or a reduced volatile organic
					 compound emission fumigation method approved pursuant to section
					 6452, tarpaulins must have a
					 permeability factor of no more than 8 milliliters methyl bromide per hour, per
					 square meter, per 1,000 parts per million of methyl bromide under the tarpaulin
					 at 30 degrees Celsius, and be approved by the Department. This includes
					 tarpaulins that have been tested for permeability and determined by the U.S.
					 Environmental Protection Agency to qualify for at least 60 percent buffer zone
					 reduction credit. The use of this tarpaulin will not allow the reduction of
					 buffer zone distances specified on the label. A list of approved tarpaulins is
					 available from the Department.
(f)
					 Tarpaulins must be buried under at least four inches of firmly packed soil at
					 the end of the rows. The tarpaulins must remain in place for the time specified
					 in section 6447.3.
(g) County agricultural commissioners shall
					 ensure that agricultural use of methyl bromide does not exceed 171,625 pounds
					 in a township in a calendar month. County agricultural commissioners shall deny
					 any permit or notice of intent that would cause the 171,625 pound limit to be
					 exceeded.
1.
						Renumbering of former section
						6450 to new section
						6447, including amendment of
						section heading and section, filed 1-25-2008; operative 1-25-2008 pursuant to
						Government Code section
						11343.4
						(Register 2008, No. 4).
2. Amendment of subsections (f) and (h)
						filed 10-27-2010; operative 11-26-2010 (Register 2010, No. 44).
3.
						Amendment of subsections (a) and (c)-(f), repealer of subsection (g) and
						subsection relettering filed 2-17-2016; operative 4-1-2016 (Register 2016, No.
						8).
Note: Authority cited: Sections
						  11456,
						  12976,
						  12981,
						  14005
						  and
						  14102,
						  Food and Agricultural Code. Reference: Sections
						  11501,
						  12981,
						  14006
						  and
						  14102,
						  Food and Agricultural Code.