Cal. Code Regs. tit. 3 § 6448.2

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 6448.2 - 1,3-Dichloropropene Field Fumigation Methods
(a) An application of 1,3-Dichloropropene that uses either a totally impermeable film (TIF) tarpaulin or non-TIF (higher permeability) tarpaulin must meet the following requirements:
(1) An application block shall only be covered with tarpaulins in the same permeability category (i.e., two different brands of TIF tarpaulins may be used in an application block, but an application block cannot be covered with a mix of TIF and non-TIF tarpaulins).
(2) Tarpaulins must be buried under at least four inches of firmly packed soil at the end of the rows.
(3) A tarpaulin plan must include the following elements:
(A) Identification of the tarpaulin, including brand name, lot number, thickness, manufacturer, batch number, and part number;
(B) A schedule for checking tarpaulins for damage, tears, and other problems;
(C) The parties responsible for checking and repairing tarpaulins;
(D) The minimum size of damage that will be repaired;
(E) The factors used to determine when tarpaulin repair will be conducted, including hazard to the public, residents, or workers; proximity to occupied structures, size of the damaged area(s); timing of damage; feasibility and response time of repair; and environmental factors such as wind speed and direction;
(F) The equipment/methods used to cut or perforate tarpaulins;
(G) The target dates for cutting/perforating tarpaulins; and
(H) The target dates for removing tarpaulins.
(4) TIF tarpaulins must not be cut/perforated until a minimum of 10 days (240 hours) have elapsed after the application is complete.
(b) Except for drip chemigation field soil fumigations pursuant to subsection (d)(7), the application block must have a soil moisture of at least 50 percent of field capacity at a depth of three to nine inches below the surface when the fumigation occurs. One of the options described in "1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024," hereby incorporated by reference, shall be used to comply with the soil moisture requirement.
(1) Subsection (d) describes several fumigation methods that use post-fumigation water treatments to reduce 1,3-Dichloropropene emissions. Fumigation methods using post-fumigation water treatments must be applied at a rate of 0.15-0.25 inches per hour and meet one of the following water requirements depending on soil texture:
(A) coarse soils -- a minimum of 0.40 inches of water per acre.
(B) loamy, moderately coarse, or medium texture soils -- a minimum of 0.30 inches of water per acre.
(C) fine texture soils -- a minimum of 0.20 inches of water per acre.
(c) Applications for tree and grape crops must use a fumigation method specified in subsection (d) with an injection point at least 24 inches below the soil surface or a TIF tarpaulin that meets the requirements in section 6448.1.
(1) If an application is made alternating fumigated and unfumigated areas (strip fumigation), the treated application block cannot be retreated with the same active ingredient between May 1 through October 31 during the same calendar year in the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, or Ventura ozone nonattainment areas.
(d) The 1,3-Dichloropropene field soil fumigation must be made using only the methods described in this section and identified by the field fumigation method code specified in "1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024," hereby incorporated by reference. However between May 1 and October 31 within the San Joaquin Valley, Southeast Desert, or Ventura ozone nonattainment areas, method (d)(1) is prohibited; methods (d)(2), (d)(4), and (d)(7) are prohibited unless applied using a TIF tarpaulin that meets the requirements in section 6448.1(a); and method (d)(5) is prohibited when 1,3-Dichloropropene is used in combination with chloropicrin unless applied as alternating fumigated and unfumigated areas (strip fumigation). In addition to labeling requirements for each of these methods, the following requirements shall apply.
(1) Nontarpaulin/Shallow/Broadcast or Bed.

Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.

(A) Injection point must be at least 12 inches below the soil surface.
(2) Tarpaulin/Shallow/Broadcast or Bed.
(A) Injection point must be at least 12 inches below the soil surface.
(B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.
(3) Nontarpaulin/Shallow/Broadcast or Bed/Three Post-Fumigation Water Treatments.
(A) Injection point must be at least 12 inches below the soil surface.
(B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.
(C) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below and meet the requirements in subsection (b):
1. Water must be applied by an irrigation method that uniformly covers the treated area in the entire application block.
2. On the day of fumigation, the first water treatment must begin within 30 minutes of the completion of fumigation. A second post-fumigation water treatment must start no earlier than one hour prior to sunset on the day of fumigation and completed by midnight.
3. On the day following fumigation, a third post-fumigation water treatment must be applied starting no earlier than one hour prior to sunset and completed by midnight.
4. Additional post-fumigation water treatment(s) may be applied at any time provided the treatments required above are completed in the specified time periods.
(4) Tarpaulin/Shallow/Bed/Three Post-Fumigation Water Treatment.
(A) Injection point must be at least 12 inches below the soil surface.
(B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches.
(C) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below and meet the requirements in subsection (b):
1. Water must be applied by an irrigation method that uniformly covers the untarped area in the entire application block.
2. On the day of fumigation, the first water treatment to the untarped areas must begin within 30 minutes of the completion of fumigation. A second post-fumigation water treatment to the untarped areas must start no earlier than one hour prior to sunset on the day of fumigation and completed by midnight.
3. On the day following fumigation, a third post-fumigation water treatment to the untarped areas must be applied starting no earlier than one hour prior to sunset and completed by midnight.
4. Additional post-fumigation water treatment(s) may be applied at any time provided the treatments required above are completed in the specified time periods.
(5) Nontarpaulin/Deep/Broadcast.
(A) Injection point must be at least 18 inches below the soil surface.
(B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.
(6) Tarpaulin/Deep/Broadcast.
(A) Injection point must be at least 18 inches below the soil surface.
(B) Chisel trace must be eliminated by use of tillage equipment to mix the soil to a depth of at least three inches. Broadcast fumigation must be followed by compaction of the soil surface.
(7) Chemigation (Drip System)/Tarpaulin.
(A) Drip system must be filled with water and tested for pressure variation, clogged emitters, and leaks before chemigation. The pressure must not exceed the pressure rating of the drip tape, and the pressure variation in the drip tape throughout the field must be less than three pounds per square inch. Drip system must be free of leaks and clogged emitters.
(B) 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 chemigation begins.
(C) Ends of drip tape not covered by tarpaulin must be covered by at least two inches of soil.
(D) After chemigation, the drip system must be flushed with a volume of water at least three times the volume of the mainline and laterals of the drip system.
(e) Notwithstanding subsection (d), the following field fumigation methods may be allowed:
(1) A new 1,3-Dichloropropene fumigation method approved pursuant to section 6448.3;
(2) A reduced volatile organic compound emission field fumigation method approved pursuant to section 6452; or
(3) A method for experimental research purposes pursuant to a valid research authorization issued according to section 6260.

Cal. Code Regs. Tit. 3, § 6448.2

Note: Authority cited: Sections 11456, 12976, 14005, 14024 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006, 14024 and 14102, Food and Agricultural Code.

1. Renumbering of former section 6448.1 to new section 6448.2, including amendment of section and NOTE, filed 12-22-2023; operative 1/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 51).