Cal. Code Regs. tit. 3 § 6450.1

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 6450.1 - Metam-Sodium and Potassium N-Methyldithiocarbamate (Metam-Potassium) Field Fumigation Methods
(a) Broadcast equivalent application rate must not exceed 350 pounds active ingredient per acre for potassium N-methyldithiocarbamate (metam-potassium).
(b) Fumigations must start no earlier than one hour after sunrise and must be completed no later than one hour before sunset except for the method described in subsection (d)(9), (10), and (11).
(c) Fumigation methods using post-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:
(1) coarse soils -- a minimum of 0.40 inches of water per acre.
(2) loamy, moderately coarse, or medium texture soils -- a minimum of 0.30 inches of water per acre.
(3) fine texture soils -- a minimum of 0.20 inches of water per acre.
(d) The metam-sodium or potassium N-methyldithiocarbamate (metam-potassium) 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, methods (1), (4), and (9) are prohibited. In addition to labeling requirements for each of these methods, the following requirements shall apply.
(1) Sprinkler/Broadcast or Bed/One Post-Fumigation Water Treatment.
(A) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatment below and meet the requirements in subsection (c):
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, one post-fumigation water treatment must begin within 30 minutes of the completion of fumigation.
3. Any additional post-fumigation water treatment(s) may be applied at any time.
(2) Sprinkler/Broadcast or Bed/Two Post-Fumigation Water Treatments.
(A) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below and meet the requirements in subsection (c):
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 post-fumigation 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. Additional post-fumigation water treatment(s) may be applied at any time provided the treatments required above are completed in the specified time periods.
(3) Sprinkler/Broadcast or Bed/Three Post-Fumigation Water Treatments.
(A) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below:
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 post-fumigation 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) Nontarpaulin/Shallow/Broadcast or Bed/One Post-Fumigation Water Treatment.
(A) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(1)(A).
(5) Nontarpaulin/Shallow/Broadcast or Bed /Two Post-Fumigation Water Treatments.
(A) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(2)(A).
(6) Nontarpaulin/Shallow/Broadcast or Bed/Three Post-Fumigation Water Treatments.
(A) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(3)(A).
(7) Chemigation (Drip System).
(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) 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.
(8) Rotary Tiller/Power Mulcher/Soil Capping.
(A) Application equipment must be followed immediately by soil compaction equipment.
(9) Flood.
(A) The fumigant must be applied with at least four inches of water per acre.
(10) 1:00 AM Start/Nontarpaulin/Shallow/Broadcast/Two Post-Fumigation Water Treatments.
(A) The fumigation application must start no earlier than 1:00 a.m.
(B) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(2)(A).
(C) The following application equipment and procedures must be used:
1. The application equipment must meet the following criteria:
i. The shanks must be set on three application tool bars, with the bars spaced 12 to 16 inches apart from front to back. The shanks must be staggered on each tool bar to produce a final overall shank spacing of 9 to 11 inches.
ii. Injection depth on each shank must be 3 to 4 inches, 6 to 7 inches, and 9 to 10 inches.
iii. Nitrogen must be used to purge the system before applicator bar is lifted out of the ground at any time.
iv. The application tool bars must be followed by a ring roller that is at least as wide as the application tool bars, with four gauge wheels controlled by hydraulic cylinders to control depth and/or pressure; or with a coil packer that is at least as wide as the application tool bars.
(11) 4:00 AM/ Start/Sprinkler/Broadcast or Bed/Two Post-Fumigation Water Treatments.
(A) Notwithstanding (a), in the San Joaquin Valley, Southeast Desert, and Ventura ozone nonattainment areas the broadcast equivalent application rate must not exceed 260 pounds active ingredient per acre for metam-sodium or 290 pounds active ingredient per acre for potassium N-methyldithiocarbamate (metam-potassium).
(B) Fumigation must start no earlier than 4:00 a.m.
(C) Fumigation must be completed in compliance with post-fumigation water treatments pursuant to (d)(2)(A).
(12) Drench.
(A) Notwithstanding (a), in the Sacramento Metro and South Coast ozone nonattainment areas, broadcast equivalent application rate must not exceed 246 pounds active ingredient per acre for metam-sodium or 270 pounds active ingredient per acre for potassium N-methyldithiocarbamate (metam-potassium). In the San Joaquin Valley, Southeast Desert, and Ventura ozone nonattainment areas, broadcast equivalent application rate must not exceed 90 pounds active ingredient per acre for metam-sodium or 98 pounds active ingredient per acre for potassium N-methyldithiocarbamate (metam-potassium).
(B) Fumigation must be completed in compliance with the post-fumigation water treatments pursuant to subsection (d)(2)(A).
(e) Notwithstanding subsection (d), 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, § 6450.1

1. New section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
2. Repealer and new section filed 9-19-2002 as an emergency; operative 9-22-2002 (Register 2002, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-21-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new section refiled 1-21-2003 as an emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-21-2003 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new section refiled 5-19-2003 as an emergency; operative 5-21-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-18-2003 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new section refiled 9-11-2003 as an emergency; operative 9-18-2003 (Register 2003, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-16-2004 or emergency language will be repealed by operation of law on the following day.
6. Repealer and new section refiled 1-14-2004 as an emergency; operative 1-17-2004 (Register 2004, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-2004 or emergency language will be repealed by operation of law on the following day.
7. Repealer and new section refiled 5-17-2004 as an emergency; operative 5-18-2004 (Register 2004, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-15-2004 or emergency language will be repealed by operation of law on the following day.
8. Repealer and new section refiled 9-9-2004 as an emergency; operative 9-15-2004 (Register 2004, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-13-2005 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 9-15-2004 order, including further amendment of section, transmitted to OAL 9-21-2004 and filed 11-3-2004 (Register 2004, No. 45).
10. Renumbering of former section 6450.1 to section 6447.1 and new section 6450.1 filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
11. Change without regulatory effect amending NOTE filed 6-18-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 25).
12. Amendment filed 4-7-2011; operative 4-7-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 14).
13. Amendment filed 2-17-2016; operative 4-1-2016 (Register 2016, No. 8).

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

1. New section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
2. Repealer and new section filed 9-19-2002 as an emergency; operative 9-22-2002 (Register 2002, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-21-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new section refiled 1-21-2003 as an emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-21-2003 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new section refiled 5-19-2003 as an emergency; operative 5-21-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-18-2003 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new section refiled 9-11-2003 as an emergency; operative 9-18-2003 (Register 2003, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-16-2004 or emergency language will be repealed by operation of law on the following day.
6. Repealer and new section refiled 1-14-2004 as an emergency; operative 1-17-2004 (Register 2004, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-2004 or emergency language will be repealed by operation of law on the following day.
7. Repealer and new section refiled 5-17-2004 as an emergency; operative 5-18-2004 (Register 2004, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-15-2004 or emergency language will be repealed by operation of law on the following day.
8. Repealer and new section refiled 9-9-2004 as an emergency; operative 9-15-2004 (Register 2004, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-13-2005 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 9-15-2004 order, including further amendment of section, transmitted to OAL 9-21-2004 and filed 11-3-2004 (Register 2004, No. 45).
10. Renumbering of former section 6450.1 to section 6447.1 and new section 6450.1 filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
11. Change without regulatory effect amending Note filed 6-18-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 25).
12. Amendment filed 4-7-2011; operative 4-7-2011 pursuant to Government Code section 11343.4(Register 2011, No. 14).
13. Amendment filed 2-17-2016; operative 4/1/2016 (Register 2016, No. 8).