Cal. Code Regs. tit. 3 § 6447

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 6447 - Methyl Bromide-Field Fumigation - General Requirements

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.

Cal. Code Regs. Tit. 3, § 6447

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.