Cal. Code Regs. tit. 3 § 6447.3

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 6447.3 - Methyl Bromide Field Fumigation Methods
(a) The methyl bromide field soil fumigation must be made using only the methods described in this section. However, within the San Joaquin Valley, Southeast Desert, or Ventura ozone nonattainment areas, the following methods are prohibited during the May 1 through October 31 time period: (2), (4), and (6); and if applied as alternating fumigated and unfumigated areas (strip fumigation), methods (3) and (5). In addition to labeling requirements for each of these methods, the following requirements shall apply:
(1) (Reserved)
(2) Nontarpaulin/Deep/Broadcast.
(A) Broadcast equivalent application rate must not exceed 400 pounds of methyl bromide per acre.
(B) Forward-curved chisel must be used with:
1. An application tractor equipped with an air fan dilution system, and the injection depth must be at least 20 inches; or
2. Closing shoes and compaction roller and the injection depth must be at least 24 inches.
(C) Injection spacing must be 68 inches or less.
(D) The soil must not be disturbed for at least four days (96 hours) following completion of injection to the application block.
(3) Tarpaulin/Shallow/Broadcast.
(A) Broadcast equivalent application rate must not exceed 400 pounds of methyl bromide per acre.
(B) Application must be made using an application tractor equipped with an air fan dilution system, and with a plow consisting of horizontal v-shaped blades mounted by a vertical arm to the tool bar. The fumigant must be injected laterally beneath the soil surface.
(C) Injection depth must be at least 10 and no greater than15 inches.
(D) Injection spacing must be 12 inches or less.
(E) The tarpaulin must be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor.
(F) If using a tarpaulin that has 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 tarpaulin must not be cut or perforated until a minimum of nine days following completion of injection to the application block.
(G) Tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed.
(4) Tarpaulin/Shallow/Bed.
(A) Broadcast equivalent application rate must not exceed 250 pounds of methyl bromide per acre.
(B) Rearward-curved (swept-back) chisels must be used with either:
1. Closing shoes and compaction roller. The closing shoes must cover the chisel marks with soil just ahead of the compaction roller, and the tarpaulin must be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor; or
2. Bed shaper. The chisels must be placed with the injection point under the bed shaper, and the tarpaulin must be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor; or
3. Combination bed former and bed shaper. The chisels must be placed between the bed former and the bed shaper. The tractor with the tarpaulin-laying equipment must immediately follow the application tractor.
(C) Injection depth shall be between 6 and 15 inches. The injection depth to preformed beds must not be below the bed furrow.
(D) Injection spacing must be 12 inches or less.
(E) If using a tarpaulin that has 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 tarpaulin must not be cut or perforated until a minimum of nine days following completion of injection to the application block.
(F) If tarpaulins are removed before planting, tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed. The entry restricted period must be at least six days, or 10 days if using tarpaulin described in (E).
(G) If tarpaulins are not to be removed before planting, the application block entry restricted period must either:
1. consist of the five-day period plus an additional 48 hours after holes have been cut for planting if using a tarpaulin not described in subsection (E); or
2. consist of a nine-day period plus an additional 48 hours after holes have been cut for planting, if using a tarpaulin described in subsection (E); or
3. be at least 14 days. If this option is chosen, the methyl bromide air concentration underneath the tarpaulin must test less than five parts per million before planting begins.
(5) Tarpaulin/Deep/Broadcast.
(A) Broadcast equivalent application rate must not exceed 400 pounds of methyl bromide per acre.
(B) Forward-curved chisels must be used with either:
1. An air fan dilution system on the application tractor; or
2. Closing shoes and compaction roller.
(C) Injection depth must be at least 20 inches.
(D) Injection spacing must be 66 inches or less.
(E) The tarpaulin must be laid down simultaneously (with fumigant injection) by tarpaulin-laying equipment mounted on the application tractor.
(F) If using a tarpaulin that has 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 tarpaulin must not be cut or perforated until a minimum of nine days following completion of injection to the application block.
(G) Tarpaulin removal must begin no sooner than 24 hours after tarpaulin cutting has been completed.
(6) Drip System -- Hot Gas.

A hot gas application through a subsurface drip irrigation system to tarpaulin-covered beds may be used if all of the following criteria are met:

(A) Broadcast equivalent application rate must not exceed 225 pounds of methyl bromide per acre.
(B) The fumigant must be injected beneath the soil surface at a minimum depth of one inch.
(C) The portion of the drip system used in the fumigation must be physically disconnected from the main water supply during the fumigation to prevent possible contamination of the water supply.
(D) All fittings and emitters underneath the tarpaulin must be buried in the soil to a minimum depth of one inch.
(E) Prior to the start of the fumigation, all drip tubing must be checked for blockage, and the irrigation system connections and fittings checked for blockage and leaks using pressurized air and/or water. The end of each drip tubing must be placed under the tarpaulin prior to introduction of fumigant.
(F) The tarpaulin must be placed and inspected for tears, holes, or improperly secured edges prior to fumigating. Repairs and adjustments must be made before the fumigation begins.
(G) Prior to the start of the fumigation, all fittings above ground and outside of the tarpaulin must be pressure-tested with compressed air, water, or nitrogen gas to a maximum pressure of 50 pounds per square inch. A soap solution must be used to check the fittings for leaks if using air or nitrogen. All apparent leaks must be eliminated prior to the fumigation. All drip tubing with emitters connected to the distribution manifold not covered by the tarpaulin must be sealed to prevent fumigant loss through the emitters.
(H) Prior to introducing the fumigant, the drip system must be purged of water by means of pressurized gas, such as CO2 or nitrogen.
(I) The drip system must be purged prior to disconnecting any line containing the fumigant.
(J) After purging, drip tubing must be pinched off and then disconnected from the distribution manifold. All disconnected tubing leading into the treated field must be secured to prevent gas from escaping.
(K) All fittings used for connecting or disconnecting the heat exchanger to the irrigation system manifold must be of a positive shut-off design.
(L) All persons must wear the eye protection specified on the label when working with a manifold system or tubing containing the fumigant under pressure.
(M) The entire fumigation system (heater, valves, and manifold) must be purged of the fumigant at the end of each day's fumigation.
(N) If using a tarpaulin that has 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 tarpaulin must not be cut or perforated until a minimum of nine days following completion of injection to the application block.
(O) If tarpaulins are removed before planting, tarpaulin removal shall begin no sooner than 24 hours after tarpaulin cutting has been completed. The entry restricted period must be at least six days, or 10 days if when using tarpaulin described in (N).
(P) If tarpaulins are not to be removed before planting, the application block entry restricted period must either:
1. consist of the five-day period plus an additional 48 hours after holes have been cut for planting, if using a tarpaulin not described in subsection (N); or
2. consist of a nine-day period plus an additional 48 hours after holes have been cut for planting, if using a tarpaulin described in subsection (N); or
3. be at least 14 days. If this option is chosen, the methyl bromide air concentration underneath the tarpaulin must test less than five parts per million before planting begins.
(b) Notwithstanding section 6770, the operator of the property shall assure that only persons performing fumigation-handling activities are allowed in an application block before the entry restricted period expires. Persons performing activities other than tarpaulin cutting, removal, and repair described in sections 6784(b)(3) and (5) shall wear a full-face respirator that meets the requirements specified on the label.
(c) Notwithstanding subsection (a), a reduced volatile organic compound emission field fumigation method approved pursuant to section 6452 or a method for experimental research purposes pursuant to a valid research authorization issued according to section 6260 may be allowed.

Cal. Code Regs. Tit. 3, § 6447.3

1. Renumbering of former section 6450.3 to new section 6447.3, including repealer and new subsection (a), amendment of subsection (a)(3)(C) and new subsection (c), filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
2. Amendment 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.

1. Renumbering of former section 6450.3 to new section 6447.3, including repealer and new subsection (a), amendment of subsection (a)(3)(C) and new subsection (c), filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4(Register 2008, No. 4).
2. Amendment filed 2-17-2016; operative 4/1/2016 (Register 2016, No. 8).