California Code of Regulations (Title 3. Food and Agriculture)
Division 6. Pesticides and Pest Control Operations

a) Notification to the Commissioner.

(1) Notwithstanding section 6434, the operator of the property to be treated shall assure that the commissioner is notified (notice of intent) at least 48 hours prior to commencing fumigation. The notice of intent shall indicate the hour the fumigation is intended to commence and the information specified in section 6434(b).

(2) The fumigation shall not commence sooner than the intended starting time or later than 12 hours after the intended starting time specified on the notice of intent.

(3) If fumigation of an application block does not commence within the time specified in (a)(2), a new notice of intent must be submitted but no new 48-hour waiting period is needed unless required by the commissioner.

(4) For multiple application blocks to be fumigated sequentially, the commissioner may allow one notice of intent that includes an application schedule for all the application blocks in lieu of a separate notice of intent for each application block to be fumigated. The schedule must specify the date and time each application block is intended to be fumigated.

(b) Notification to Property Operators.

(1) The operator of the property to be treated shall assure that operators of the following properties within 300 feet of the perimeter of the outer buffer zone receive notification that a permit to use methyl bromide near their property has been issued by the commissioner: properties that contain schools, residences, hospitals, convalescent homes, onsite employee housing, or other similar sites identified by the commissioner. Notification shall be in writing, in both English and Spanish, or by other means approved by the commissioner. The operator of the property to be treated shall assure that notification is delivered at least seven days prior to the submission of the notice of intent. The notification shall include the following information:

(A) the name of the chemical(s) to be applied;

(B) name, business address, and business telephone number of the operator of the property to be treated;

(C) name, business address, and business telephone number of the commissioner;

(D) the earliest and latest dates that the fumigation will start; and

(E) how to request subsequent notification of specific date and time of the fumigation.

(2) The operator of the property to be treated shall assure that specific notification of the date and time of the start of the fumigation and anticipated expiration of buffer zones is provided to those persons notified in (b)(1) who request specific fumigation information. This specific fumigation notification shall be provided at least 48 hours prior to starting the fumigation. If a request for specific notification is received after the submission of the notice of intent and before the fumigation begins, the specific fumigation notification shall be provided prior to starting the fumigation, but the 48-hour requirement shall not apply. If the fumigation of an application block does not commence within the time frame specified in (a)(2), then a new notification must be provided to those persons who requested the information, but the 48-hour requirement shall not apply unless required by the commissioner.

(a) The commissioner shall set buffer zone sizes and durations based upon local conditions. The commissioner may not allow a buffer zone that is smaller or a duration that is less in permit conditions than those in Methyl Bromide Field Fumigation Buffer Zone Determination, Rev. 3/10, hereby incorporated by reference.

(b) Two buffer zones, an inner and outer for each application block, shall be approved by the commissioner after the proposed worksite plan is submitted.

(c) Inner Buffer Zone Restrictions.

(1) The inner buffer zone must be at least 30 feet.

(2) The operator of the property to be treated shall assure that no persons are allowed within the inner buffer zone except to transit on public and private roadways by vehicles or bicycles or to perform fumigation-handling activities.

(3) The inner buffer zone must not extend into adjoining property except as provided below:

(A) The inner buffer zone may extend into adjoining agricultural property if the adjoining property operator gives written permission and allows the operator of the property to be treated to post the inner buffer zone boundary on the adjoining property with signs. If such written permission is given, the operator of the property to be treated shall assure that:

1. the inner buffer zone boundaries on the adjoining property are posted with signs while the buffer zone is in effect; and

2. the signs are posted with wording criteria in accordance with the label; and

3. the signs are posted at intervals not exceeding 200 feet.

(B) With approval from the commissioner, the inner buffer zone may extend across sites only where transit activities may occur, including streets, roads, roads within agricultural property, and highways. Written permission and posting requirements in 6447.2 (c)(3)(A) shall not apply.

(d) Outer Buffer Zone Restrictions.

(1) The outer buffer zone must be at least 60 feet.

(2) The operator of the property to be treated shall assure that no persons are allowed within the outer buffer zone except to transit on public and private roadways by vehicles or bicycles, perform fumigation-handling activities, and commissioner-approved activities as identified in the restricted materials permit conditions. In no instance shall persons be allowed within the outer buffer zone for more than 12 hours in a 24-hour period.

(3) The outer buffer zone may extend into other properties with written permission from the operators of these other properties. In no instances shall the outer buffer zone contain occupied residences or buildings, or occupied onsite employee housing while the outer buffer zone is in effect. The outer buffer zone must not extend into properties that contain schools, convalescent homes, hospitals, or other similar sites determined by the commissioner.

(4) The outer buffer zone may extend across roads, highways, or sites approved by the commissioner.

(e) The operator of the property to be treated shall assure that the operator of the other properties specified in (c)(3)(A) and (d)(3) above, notify the following persons that a buffer zone(s) has been established on the property: onsite employees, including those of a licensed pest control business or farm labor contractor. The notice to employees must be given prior to the commencement of the employee's work activity. Notification to farm labor contractor employees may be done by giving written notice to the farm labor contractor who shall then give the notice to the employee. Employee notification must be in a manner the employee can understand, and include information required in section 6447.1(b)(2).

(f) The operator of the property to be treated shall assure that specific notification of the date and time of the start of the fumigation and anticipated expiration of buffer zones is provided to the other property operator, if the operator of the other property is required to notify his/her employees as specified in (e). This specific fumigation notification must be provided to the other property operator at least 48 hours prior to starting the fumigation. If the fumigation of an application block does not commence within the time frame specified in 6447.1(a)(2), then a new notification must be provided to the other property operator specified in (c)(3)(A) and (d)(3), but the 48-hour requirement shall not apply unless required by the commissioner.

(g) No fumigant application with an outer buffer zone greater than 300 feet is permitted within ¼ mile of a school property unless the school is scheduled to be unoccupied during the application period and for 36 hours thereafter.

(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 Aapplication 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.

(a) 1,3-Dichloropropene shall only be used for the production of an agricultural commodity.

(b) Field soil fumigations using 1,3-Dichloropropene are prohibited within a minimum distance (setback) of any structure that is, will be, or may be occupied at any time during the application and/or setback period, measured from the perimeter of the application block to any residence, onsite employee housing, schools, convalescent homes, hospitals, businesses, or other similar sites identified by the commissioner. A setback is also required for any other indoor or outdoor site that will be occupied for at least 72 consecutive hours during and following a 1,3-Dichloropropene application. The setback distance from an occupied structure or other site varies with the fumigation method, region, season, application rate, and application block size, and is specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference. If the application block is within the setback distance from a structure, no person shall be present at the structure at any time during the application and for at least the seven consecutive day period after the application is complete.

(1) An application of 1,3-Dichloropropene is prohibited within the setback distance from any structure outside of the property to be treated, unless the operators of the other properties provide written agreement to the certified applicator prior to the application that the structures will be voluntarily vacated during the application and for at least the seven consecutive day period after the application is complete. The certified applicator shall provide a copy of the written agreements to the commissioner with each notice of intent.

(c) Setback requirements are more stringent if multiple 1,3-Dichloropropene field soil fumigations “overlap” in distance and time. To determine if overlapping application requirements apply, the setback distance specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference, is measured from the application block to the other 1,3-Dichloropropene application blocks rather than from the occupied structures. Setbacks for overlapping field soil fumigations are required if the setback distances for two or more 1,3-Dichloropropene application blocks overlap within 36 hours from the time the earlier application is complete until the start of the later application. For overlapping field soil fumigations, the setback from occupied structures is the same distance for all application blocks and determined using 1) the combined acreage of all overlapping application blocks, 2) the highest application rate, and 3) the setback table for the fumigation method with the largest setback distance specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024.” Fumigation methods that require the minimum setback restrictions specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024” for all field soil fumigations are exempt from the multiple field soil fumigations requirements.

(d) An application of 1,3-Dichloropropene must not exceed the maximum broadcast equivalent application rate specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference.

(e) A 1,3-Dichloropropene application block must not exceed the acres specified in “1,3-Dichloropropene Field Fumigation Requirements, est. January 1, 2024,” hereby incorporated by reference.

(f) Notwithstanding section 6434, the operator of the property to be treated shall assure that the commissioner is notified (notice of intent) at least 48 hours prior to commencing fumigation. The notice of intent shall indicate the hour the fumigation is intended to commence and the information specified in section 6434(b).

(a) The Director shall evaluate candidate totally impermeable film (TIF) tarpaulins and maintain a “List of Approved Totally Impermeable Film (TIF) Tarpaulins,” available on the Department’s Web site, that lists TIF tarpaulins authorized for field soil fumigations using 1,3-Dichloropropene based on the criteria specified below.

(1) Have a mass transfer coefficient for 1,3-Dichloropropene of no more than 0.046 centimeters per hour, measured using American Society for Testing and Materials (ASTM) method E2945-14 (2014), which is hereby incorporated by reference, under high humidity conditions (at least 90 percent).

(2) Display the tarpaulin name and lot number in print on the tarpaulin in a font size equal to 2-3 inches in height and printed at least 1 foot from each edge and at an interval of 20-30 feet along the length of the tarpaulin. The printing must be legible, including a printing color that is different from the color of the tarpaulin.

(b) The Director shall update the “List of Approved TIF Tarpaulins” to add, amend, or remove approved TIF tarpaulins on the list. The Director shall issue a public notice each time a change is made to this list and shall provide notice upon a denial of an application to add or amend a TIF tarpaulin on the list.

(c) Any interested person may appeal the Director’s decision to approve, deny, amend, or remove a TIF tarpaulin from the “List of Approved TIF Tarpaulins” within 30 days of the issuance of the public notice required in subsection (b). The following procedures apply to the appeal:

(1) The appeal shall be in writing, state the grounds for the appeal, and include written evidence for the Director’s consideration.

(2) The Director may request additional evidence for consideration on the appeal.

(3) The Director shall issue a written decision on the appeal within 45 days of the date of the appeal or as soon thereafter as practical.

(d) If a TIF tarpaulin is used, it must meet the requirements in subsection (a) at the time of the application.

(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:

(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:

(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.

(2) Tarpaulin/Shallow/Broadcast or Bed.

(3) Nontarpaulin/Shallow/Broadcast or Bed/Three Post-Fumigation Water Treatments.

(4) Tarpaulin/Shallow/Bed/Three Post-Fumigation Water Treatment.

(5) Nontarpaulin/Deep/Broadcast.

(6) Tarpaulin/Deep/Broadcast.

(7) Chemigation (Drip System)/Tarpaulin.

(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.

(a) Notwithstanding section 6448.2(d), the Director may approve use of a 1,3-Dichloropropene field fumigation method not described in section 6448.2 based on the following criteria:

(1) The fumigation method has scientific data and information sufficient to estimate 1,3-Dichloropropene emissions;

(2) The results are valid as indicated by the quality control data; and

(3) The conditions studied represent agricultural fields fumigated.

(b) As part of the approval for a new field fumigation method, the Director shall estimate potential 1,3-Dichloropropene air concentrations using the emission data in subsections (a)(1) and (a)(2) to:

(1) determine the combinations of setback distance, application rate, and application block size that will result in a 1,3-Dichloropropene air concentration of no more than 55 parts per billion as a 72-hour time-weighted average;

(2) assign a field fumigation method code.

(c) The Director shall publish a notice of interim approval for a field fumigation method on the Department’s Web site. The interim approval expires three years after the date of approval.

(a) The Director shall issue an annual 1,3-Dichloropropene report for each calendar year by October 1 of the following year or as soon thereafter as is reasonably practicable, starting with a report covering calendar year 2024.

(b) The Annual 1,3-Dichloropropene Report must include the following:

(1) A list of the townships and monitoring locations that meet any of the following criteria for the previous calendar year.

(2) An evaluation of the townships and monitoring locations listed in subsection (b)(1) determining the major factors affecting use levels and air concentrations. For each of the ten specified townships, the evaluation will include estimated 1,3-Dichloropropene air concentrations for the highest 24-hour period, the highest 72-hour period, and the one-year average based on the reported use, available emissions data, and local weather conditions. For each 1,3-D air monitoring location with air concentrations more than 0.27 ppb as a one-year average or 55 ppb for a 24-hour period, the evaluation will include an assessment of the validity and representativeness of the monitoring data, analysis of reported use, available emissions data, and local weather conditions to determine if the detected air concentrations are within the expected range. If any of the estimated or monitored air concentrations are higher than expected in comparison to previous data, the report will include a description of action(s) the Department will take to address the high levels and a timeline for taking the actions.

(c) A draft report shall be made available to the public for comment. A 45-day public comment period will be provided to allow for submission of written statements or arguments to the Director for review before finalizing the Annual 1,3-Dichloropropene Report. The report will be posted on the Department's Web site.

(a) For products containing chloropicrin as the sole active ingredient, the field soil fumigation must be made using only the methods described in section 6447.3 or 6448.2. However within the San Joaquin Valley, Southeast Desert, or Ventura ozone nonattainment areas the methods described in the following sections are prohibited:

(1) 6447.3(a)(1),(2), and (6); and 6448.2(d)(1) and (5);

(2) 6448.2(d)(5), unless applied as alternating fumigated and unfumigated areas (strip fumigation) and the broadcast equivalent application rate must not exceed 210 pounds of chloropicrin per acre; and

(3) 6447.3 (a)(4), 6447.3(a)(3) and (5) if applied as alternating fumigated and unfumigated areas (strip fumigation), and 6448.2(d)(2) if applied as a bed fumigation unless 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 is used.

(b) 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.

(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.

(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, 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.

(a) Fumigations must start no earlier than one hour after sunrise and must be completed no later than one hour before sunset.

(b) The field soil fumigation using dazomet is limited to methods specifically identified in the labeling. In addition to labeling requirements for each identified method, the fumigation must comply with the following.

(1) Fumigation must be completed in a time that allows compliance with the post-fumigation water treatments below:

(A) Water must be applied by an irrigation method that uniformly covers the treated area in the entire application block.

(B) On the day of fumigation, the first water treatment must consist of at least 0.20 inches of water, beginning within 30 minutes of the completion of fumigation. A second post-fumigation water treatment must consist of at least 0.20 inches of water applied starting no earlier than one hour prior to sunset on the day of fumigation and completed by midnight.

(C) On the day following fumigation, a third post-fumigation water treatment must consist of at least 0.20 inches of water, and must be applied starting no earlier than one hour prior to sunset and completed by midnight.

(D) On the second day following fumigation, a fourth post-fumigation water treatment must consist of at least 0.20 inches of water, and must be applied starting no earlier than one hour prior to sunset and completed by midnight.

(E) Additional post-fumigation water treatment(s) may be applied at any time provided the treatments required above are completed in the specified time periods.

(c) Notwithstanding subsection (b), 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.

(a) The field soil fumigation of sodium tetrathiocarbonate is limited to methods specifically identified in the labeling.

(b) 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.

(a) For the Sacramento Metro and South Coast ozone nonattainment areas, the Director may approve use of a field fumigation method not described in sections 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, and 6451.1 if the request is accompanied by scientific data documenting the volatile organic compound (VOC) emissions. The emission rating specified in section 6881 or the maximum emission rate (emission rating multiplied by the maximum broadcast equivalent application rate) must be no greater than any one of the methods for the same fumigant described in sections 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, and 6451.1.

(b) For the San Joaquin Valley, Southeast Desert, and Ventura ozone nonattainment areas, upon written request, the Director may approve use of a field fumigation method either not described or excluded from use in sections 6447.3, 6448.2, 6449.1, 6450.1, 6450.2, or 6451.1 if the request meets the following criteria:

(1) The request is accompanied by scientific data documenting the VOC emissions;

(c) Criteria the Director shall consider includes whether:

(1) the data and information provided are sufficient to estimate emissions;

(2) the results are valid as indicated by the quality control data; and

(3) the conditions studied represent agricultural fields fumigated.

(d) The Director shall publish a notice of interim approval for a field fumigation method on the Department’s Web site. The interim approval expires three years after the date of approval.

(a) Any person who applies field fumigants shall maintain records of fumigant applications pursuant to section 6624.

(b) Any person who applies field fumigants shall report the information specified in section 6626.

(a) The Director shall establish field fumigant volatile organic compound (VOC) emission limits in the Annual Volatile Organic Compound Emissions Inventory Report issued pursuant to section 6881 for the Sacramento Metro, South Coast, Southeast Desert, and Ventura ozone nonattainment areas where the difference between emissions in the most recent inventory report and the benchmarks for that area is five percent or less of the benchmarks or exceeds the benchmarks listed below during the May 1 through October 31 time period:

Volatile Organic Compound Emission Limits

Ozone Nonattainment Area	Total Agricultural and Structural VOC Emissions Inventory Benchmarks from May 1 to October 31
Sacramento Metro	820,000 lbs. (2.2 tons/day average)
South Coast	3,200,000 lbs. (8.7 tons/day average)
Southeast Desert	340,000 lbs. (0.92 tons/day average)
Ventura	1,100,000 lbs. (3.0 tons/day average)

(1) If a VOC emission limit is in effect pursuant to (a) that limit must remain in effect until the commissioner does not condition permits to include a fumigant emission allowance specified in (c)(1) or (d)(1), and does not deny any permit or notice of intent specified in (c)(2) or (d)(2) in order to comply with the fumigant emission limit for two consecutive years.

(b) The Director shall calculate the field fumigant VOC emission limits specified in (a) by subtracting the nonfumigant pesticide VOC emissions from the total agricultural and structural VOC emissions inventory benchmarks. Nonfumigant pesticide product emissions will be the summation of the pounds of each pesticide product used multiplied by the VOC content (emission potential) for the specific product.

(c) For the Ventura ozone nonattainment area, the commissioner shall ensure that the fumigant limits specified in (a) are not exceeded during the May 1 through October 31 time period using one or more of the following methods for field soil fumigations:

(1) Condition permit to include fumigant emission allowances.

(2) Deny any permit or notice of intent that would cause the fumigant limit to be exceeded.

(3) Condition permit to prohibit or require any of the methods allowed by sections 6447.3(a), 6448.2(d), 6449.1(a), 6450.1(d), or 6452 during the May 1 through October 31 time period.

(d) For ozone nonattainment areas other than Ventura, the Director shall select one or more of the following methods to ensure the fumigant limits specified in (a) are not exceeded during the May 1 through October 31 time period:

(1) The Director establishes a fumigant emission allowance for each permittee, based on information provided the commissioners within the ozone nonattainment area. The total allowances in each ozone nonattainment area must not exceed the fumigant limit established for that area. Commissioners shall issue permits or amend existing permits to comply with the fumigant emission allowance(s) established by the Director. Commissioners shall deny any notice of intent that does not comply with the permittees' fumigant emission allowances.

(2) Commissioners deny any permit or notice of intent that would cause the fumigant limit to be exceeded.

(3) Commissioners condition permits to prohibit or require any of the methods allowed by sections 6447.3(a), 6448.2(d), 6449.1(a), 6450.1(d), or 6452 during the May 1 through October 31 time period.

(e) No person may apply a field fumigant during the May 1 through October 31 time period in an ozone nonattainment area for which a fumigant emission limit has been established pursuant to (a), unless their restricted material permit includes conditions specified in (c) or (d), or notice of intent is approved in writing.

(f) For the San Joaquin Valley ozone nonattainment area, if the difference between emissions in the most recent emissions inventory report and the 6,700,000 pound (18.1 tons per day) benchmark for this area is five percent or less of the benchmark or exceeds this benchmark during the May 1 through October 31 time period, the provisions of section 6884 shall apply.

(a) To obtain a field fumigant emission allowance, a permittee shall request an emission allowance by submitting information to the commissioner by a date designated by the commissioner.  The information must include but is not limited to the following:

(1) restricted materials permit number;

(2) crop;

(3) number of acres to be fumigated; and

(4) identification of each site to be fumigated.

(a) When chloropicrin or methyl bromide is used, singly or in combination, to treat nursery potting soils or soil mixes, nursery stock, and other agricultural commodities, appliances, or equipment, it shall be done in a properly sealed fumigation chamber, railroad car, or truck trailer, or under a gas confining tarp approved by the commissioner or director. The commissioner or director may specify the fumigation period. Injection shall be made in a manner that minimizes gas loss.

(b) When chloropicrin or methyl bromide is applied singly or in combination, the commissioner or director may require the treatment site or fumigation chamber to be posted and attended for a specified time after application.

(a) When fumigating a structure, the fumigator shall ensure that the distance between the fumigated structure and its property line shall meet the following criteria and that no person, other than the fumigation crew, enters the area prescribed in either (1), (2), or (3) below during the treatment period:

(1)For fumigations utilizing 50 pounds of methyl bromide or less, a distance of at least five (5) feet must exist; or

(2) For fumigations utilizing more than 50 pounds, but less than 80 pounds, a distance in feet calculated using the following formula must exist: 5 times the total poundage of methyl bromide minus 240 feet; or

(3)For fumigations utilizing 80 pounds or more, a distance in feet equal to two (2) times the total poundage of methyl bromide applied must exist.

(b) Structures shall be covered with the required tarpaulins or sealed prior to fumigation. The "acceptable" tarpaulin used in fumigations shall be vinyl coated with a minimum weight of seven (7) ounces per square yard (or having a fumigant retention capability equal to or greater than that provided by the seven-ounce weight tarpaulin). The vinyl coating shall not be worn, cracked, abraded, or similarly damaged to the extent that any of the underlying fabric shows through the vinyl coating.

(c) All cuts, tears, holes, or similar damage to tarpaulins shall be repaired prior to introduction of the fumigant. Temporary repairs to damaged tarpaulins shall be made with vinyl coated self-adhesive tape, or the damaged area of the tarpaulin may be rolled and clipped so the tarpaulin's fumigant gas retention capability is maintained.

(d) Fumigators shall use the fumigant retention method specified in the table below for the application rate and poundage combinations utilized in the fumigation:

Chloropicrin and Methyl Bromide-Structural Fumigation

Methyl Bromide Application Rate Per 1,000 Cubic Feet of Structure	Total Pounds of Methyl Bromide Applied in a 24-hour Period	Fumigant Retention Method
Up to 0.5 pounds	Not more than 20 pounds ---------------------------- More than 20 pounds, but less than 1,000 pounds	"acceptable" tarpaulin --------------------------------- "acceptable" tarpaulin, or if the structure is a concrete tilt-up, seal with vinyl coated self-adhesive tape
More than 0.5 pounds Up to 1.5 pounds	Not more than 50 pounds ----------------------------- More than 50 pounds, but less than 1,000 pounds	"acceptable" tarpaulin and a side drape of either: (1) an "acceptable" tarpaulin or (2) an unused 4-mil disposable polyethylene sheet ---------------------------------- "acceptable" tarpaulin, or if the structure is a concrete tilt-up, seal with vinyl coated self-adhesive tape
More than 1.5 pounds Up to 3.0 pounds	Not more than 50 pounds ----------------------------- More than 50 pounds, but less than 1,000 pounds	"acceptable" tarpaulin and a side drape of one unused 4-mil disposable polyethylene sheet --------------------------------- "acceptable" tarpaulin, or if the structure is a concrete tilt-up, seal with vinyl coated self-adhesive tape

(e) When tarpaulins are used, all sides of the structure shall be draped to the ground. Sand snakes, water snakes, or similar weights shall be used to seal the base of the tarpaulins to the ground. Prior to the placement of these snakes or weights, the soil adjacent to the structure foundation shall be thoroughly watered.

(f) Chloropicrin shall be used as a warning agent when fumigating a structure unless specifically prohibited by regulations or product labeling.

(g) A fan shall be used to disperse chloropicrin and methyl bromide within the structure. Chloropicrin shall be released into the airstream of the fan when it is introduced (either by itself or in combination with methyl bromide).

(h) Aeration of the fumigated structure shall not begin earlier than one hour after sunrise or later than one hour before sunset. The sunrise and sunset times published in the local newspaper shall be used to establish aeration timing.

(i) Following treatment, the fumigated structure shall be aerated through convection tubing or ducting. Except as provided in subsection (j), the convection tubing or ducting outlet shall be located above the highest point of the roof as follows:

(1) Six (6) feet for fumigations utilizing 50 pounds of methyl bromide or less; or
(2) Ten (10) feet for fumigations utilizing more than 50 pounds of methyl bromide.

(j) If any nearby structure is taller than the fumigated structure and the distance between the structures is equal to or less than the distance indicated in the following table, the convection tubing or ducting outlet shall be located as high as the top of the roof of the tallest structure.

Total Pounds of Methyl Bromide Applied

Total Pounds of Methyl Bromide Applied	Convective Tubing or Ducting Outlet Must Be As High As the Tallest Structure Within:
1 - 14	50 ft.
15 - 24	75 ft.
25 - 32	100 ft.
33 - 40	125 ft.
41 - 50	150 ft.
51 - 60	175 ft.
61 - 99	200 ft.
100-1,000	A distance in footage equal to 2 times the pounds of methyl bromide used

(k) When aerating a fumigated structure, a licensed Branch 1 operator or field representative shall ensure, from the initiation of the aeration procedure to completion of the steps described in (n) of this section, that persons not involved in the aeration process do not come within:

(1) Ten (10) feet of the fumigated structure, for fumigations utilizing 50 pounds of methyl bromide or less; or
(2) For fumigations utilizing more than 50 pounds but less than 80 pounds, a distance in feet calculated using the following formula must exist: 5 times the total poundage of methyl bromide minus 240 feet; or
(3) The number of feet equaling two (2) times the pounds of methyl bromide used for fumigations utilizing more than 80 pounds.

(l) Exhaust fans and convection tubing or ducting may be installed prior to aeration or when covering the structure with tarpaulins in preparation for fumigation. The exhaust fans, convection tubing, and installation of the fans and tubing shall meet the following requirements:

(1) Each exhaust fan shall have a capacity of at least 5,000 cubic feet per minute (cfm).
(2) Convection tubing or ducting shall be large enough to fit over the exhaust fan housing and shall be securely attached to the housing prior to aeration.
(3) Exhaust fans and convection tubing shall be installed in a manner which does not present a hazard to workers and the public.

(m) If exhaust fans and convection tubing or ducting are installed after the fumigation has begun, the installer shall wear self-contained breathing apparatus (SCBA) respiratory protection.

(n) The methyl bromide concentration shall be measured at the approximate center of the structure with a Fumiscope®, or similar instrument, that shall be located outside of the fumigated structure. (An instrument similar to a Fumiscope® may be used provided it can measure methyl bromide concentrations at the one ounce per 1,000 cubic feet [250 ppm] level.) Without entering the structure, the fumigator shall collect the methyl bromide sample for measurement through the use of tubing or ducting placed inside the structure and connected to the analytical instrument prior to the initiation of fumigation. The structure shall be aerated until the methyl bromide concentration has been reduced to 250 ppm or less (250 ppm is about one ounce per thousand cubic feet) while following the requirements listed below:

(1) If the fumigated structure's windows were left open during the fumigation, the structure shall be aerated through convection tubing or ducting until the methyl bromide concentration is 250 ppm or less with the tarpaulins left in place; or

(2) If the fumigated structure's windows were closed during the fumigation: (A)The space between the fumigated structure and the tarpaulin shall be aerated prior to tarpaulin removal through convection tubing or ducting. (B) After the tarpaulins are removed, the fumigated structure shall be aerated through convection tubing or ducting until the methyl bromide concentration is 250 ppm or less.

(a) Bentazon shall not be applied in Del Norte or Humboldt Counties.

(b) Bentazon shall not be used in the production of rice.

(a) Discharged more than ten feet above the crop or target. Discharge shall be shut off whenever it is necessary to raise the equipment over obstacles such as trees or poles.

(b) Applied when wind velocity is more than ten miles per hour.

(c) Applied by aircraft except as follows:

• (1) The flow of liquid to aircraft nozzles shall be controlled by a positive shutoff system as follows:
  • (A) Each individual nozzle shall be equipped with a check valve and the flow controlled by a suckback device or a boom pressure release device; or

(B) Each individual nozzle shall be equipped with a positive action valve.

        (2) Aircraft nozzles shall not be equipped with any device or mechanism which would cause a sheet, cone, fan, or similar type dispersion of the discharged material except as otherwise provided.

        (3) Aircraft boom pressure shall not exceed 40 pounds per square inch.

        (4) Aircraft nozzles shall be equipped with orifices directed backward parallel to the horizontal axis of the aircraft in flight.

        (5) Fixed wing aircraft and helicopters operating in excess of 60 miles per hour shall be equipped with jet nozzles having an orifice of not less than one-sixteenth of an inch in diameter.

        (6) Helicopters operating at 60 miles per hour or less shall be equipped with:

• (A) Nozzles having an orifice not less than one-sixteenth of an inch in diameter. A number 46 (or equivalent) or larger whirlplate may be used; or
• (B) Fan nozzles with a fan angle number not larger than 80 degrees and a flow rate not less than one gallon per minute at 40 pounds per square inch pressure (or equivalent); or
• (C) The Microfoil (R) boom (a coordinated spray system including airfoil-shaped nozzles with each orifice not less than 0.013 inches in diameter) or equivalent type approved by the director. Orifices shall be directed backward parallel to the horizontal axis of the aircraft in flight.

(d) Applied by ground equipment except as follows:

• (1) Ground equipment other than handguns shall be equipped with:
  • (A) Nozzles having an orifice not less than one-sixteenth of an inch in diameter or equivalent, and operated at a boom pressure not to exceed 30 pounds per square inch; or

(B) Low pressure fan nozzles with a fan angle number not larger than 80 degrees and fan nozzle orifice not smaller than 0.2 gallon per minute flow rate or equivalent, and operated at a boom pressure not to exceed 15 pounds per square inch.

(a) No emulsifiable concentrate formulation shall be applied.

(b) Applications using aircraft shall be made in accordance with the following requirements:

(1) Aerial applications shall not be made within four miles of cultivated commercial plantings of prunes.

(2) No more than 720 acres may be treated by aircraft within each county per day.

(3) Each operating aircraft nozzle shall produce a droplet size, in accordance with the manufacturer's specifications, not less than 600 microns volume median diameter (Dv0.5) with not more than ten percent of the diameter by volume (Dv0.1) less than 200 microns.

(c) Notwithstanding (b)(1), the Butte county agricultural commissioner may allow the California Rice Research Station to make aerial applications within four miles of cultivated commercial plantings of prunes according to a work plan submitted to and approved by the Butte county agricultural commissioner. The work plan shall include: the largest individual site that may be treated per application; total acres that may be treated per day which shall not exceed 45 acres; the minimum distance that must be maintained from cultivated commercial plantings of prunes and the application site; and any additional procedures to protect cultivated commercial plantings of prunes within four miles of the application site.

(d) Applications using ground equipment shall be made in accordance with the following requirements:

(1) Ground applications shall not be made within one mile of cultivated commercial plantings of prunes, except as provided in (A) and (B) below.

(A) The commissioner may allow applications to be made to sites not less than one-half mile from cultivated commercial plantings of prunes if the following requirements are met:

1. Prior to the application, the operator of the property shall provide to the commissioner a recommendation written by a licensed pest control adviser stating there are no other feasible pest management alternatives;

2. Onsite monitoring of wind speed and wind direction shall be conducted by the applicator in a manner approved by the commissioner throughout the entire application. A record of recorded data shall be retained for one year; and

3. A positive airflow away from cultivated commercial plantings of prunes is present throughout the entire application.

(B) The commissioner may allow applications to be made to sites less than one-half mile from cultivated commercial plantings of prunes when the following requirements are met in addition to the requirements of (A):

1. The commissioner shall provide onsite monitoring of all applications.

2. The commissioner shall provide for notice to, and opportunity to comment by, any owner of cultivated commercial plantings of prunes within one-half mile of the application.

(2) Each operating nozzle shall produce a droplet size, in accordance with the manufacturer's specifications, not less than 500 microns volume median diameter (Dv0.5) with not more than ten percent of the diameter by volume (Dv0.1) less than 200 microns.

(a) The provisions of this subsection apply to Dicamba, 2,4-dichlorophenoxyacetic acid, 2,4-dichlorophenoxybutyric acid, 2,4-dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, and Propanil herbicides when used in the Central Valley below one thousand feet elevation during the period beginning March 16 and continuing through October 15 of each calendar year. The boundary of this area through the Sacramento-San Joaquin Delta where the elevation does not reach 1,000 feet is as follows: Commencing from the point where Bailey Road intersects 1,000 feet elevation in Contra Costa County, thence north along Bailey Road to its intersection with Highway 4, thence west along Highway 4 to its intersection with Highway 680, thence north along Highway 680 to its intersection with Highway 80, thence northeast along Highway 80 to its intersection with Highway 505, thence north along Highway 505 to its intersection with the Solano-Yolo County line, thence west along the Solano-Yolo County line to its intersection with 1,000 feet elevation.

• (1) A smoke column or other device satisfactory to the commissioner shall be employed at the time and place of air applications to indicate to the pilot of the aircraft temperature inversions and the direction and velocity of the air flow; and

(2) Unless expressly authorized by permit no herbicide in an ester form shall be applied.

(b) The requirements of the subsection apply to Dicamba, 2,4-dichlorophenoxyacetic acid, 2,4-dichlorophenoxybutyric acid, 2,4-dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, and Propanil herbicides during the period beginning March 16 and continuing through October 15 of each calendar year when used in the following areas.

• (1) That portion of Sacramento County bounded by a line beginning at the junction of the Mokelumne River and Georgianna Slough; thence in a northerly direction following the meanderings of the Georgianna Slough to its junction with the Sacramento River near Walnut Grove; thence northwesterly along the Sacramento River to the junction of the north end of Randall Island and the north end of Snodgrass Slough; thence southeasterly along Snodgrass Slough to a point 1.0 miles due north of Lambert Road (first Standard Parallel north) which is the common boundary line between Section 27 and 34, T6N-R4E; thence due east along said line to its intersection with the Southern Pacific Railroad tracks; thence southerly along the Southern Pacific Railroad tracks to its intersection with Lambert Road (first Standard Parallel north); thence easterly along Lambert Road to its intersection with Franklin Boulevard, then southerly along Franklin Boulevard to its intersection with Twin Cities Road; thence easterly along Twin Cities Road to its intersection with the Southern Pacific Railroad Tracks (Amador Branch); thence northeasterly along said tracks to their intersection with the first Standard Parallel north; thence easterly along the first Standard Parallel north to its intersection with the Sacramento-Amador County line; thence southerly along the Sacramento-Amador County line to its junction with the Sacramento-Amador-San Joaquin County lines; thence westerly along the Sacramento-San Joaquin County line to the point of beginning.

(2) All of Madera County west and south of a line beginning at the east boundary of Range 17 east and the Madera County-Merced County boundary line; thence south to the northwest corner of Section 30, Township 9 South, Range 18 east; thence east to the northeast corner of Section 28, Township 9 south, Range 18 east; thence south to the intersection of the Madera Canal in the northeast 1/4 of Section 9, Township 10 south, Range 18 east; thence southeasterly along the Madera Canal to the northeast corner of Section 1, Township 11 south, Range 19 east; thence east along the north boundary line of Township 11 south, to the Madera County-Fresno County boundary line.

(3) All of Fresno County lying west of a line beginning at Friant Dam and continuing southeasterly along the Friant-Kern Canal its point of intersection with the north boundary of Section 29, Township 13 south, Range 23 east; thence due east along said boundary line projected to its intersection with the east boundary of Township 13 south, Range 24 east; thence south along said east boundary of Township 13 south, Range 24 east and continuing south along the east boundary of Township 14 south, Range 24 east to the county boundary line.

(4) All of Kings County.

(5) All of Tulare County lying west of a line drawn southeasterly from the northwest corner of Township 15 south, Range 25 east on the Fresno-Tulare County line to the southeast corner of Township 17 south, Range 27 east; thence due south along said east boundary of Range 27 east to the Kern County boundary line.

(6) Those portions of Kern County described as follows: (A) All of Kern County lying west of a line commencing at a point on Tulare-Kern County line at the northwest corner of Section 6, Township 25 south, Range 31 east; thence south along the west boundary of Range 31 east to the south boundary of Township 32 south, Range 31 east; thence continuing due south to the Los Angeles County line. (B) Rosamond Area. Includes all of Township 9 north, Range 14 west, Township 9 north, Range 13 west, and Township 9 north, and Range 12 west.

(7) A permit authorizing use shall show the application site(s) for which it is valid, except that a permit need not show the application site(s) if a notice of intent to apply pesticide is required to be filed previous to any application. The commissioner may require that any application be made only under his direct supervision.

(8) No application shall be made on any area situated within two miles of any cultivated commercial vineyard or cotton planting belonging to any person other than the owner of the property being treated unless there is a continuous air flow away from such planting, but in no case shall any application be made within one-half mile of such plantings.

(9) No application shall be made by aircraft, nor shall aircraft be loaded except as follows:

• (A) Within Sacramento County;

(B) During the period beginning March 16 and continuing through March 31 within the counties of Fresno, Kern, Kings, and Tulare.

(10) The provisions of paragraphs (8) and (9) shall not apply to Dicamba or Propanil herbicides.

(c) The provisions of this subsection apply to Dicamba, 2,4-dichlorophenoxyacetic acid, 2-4-dichlorophenoxybutyric acid, 2,4-dichlorophenoxypropionic acid, 2-methyl-4-chlorophenoxyacetic acid, or Propanil herbicides during the period beginning March 16 and continuing through October 15 of each calendar year when used in that portion of San Joaquin County bounded by a line beginning at the intersection of Sacramento, San Joaquin and Amador Counties; thence southerly along the San Joaquin County line to State Highway 88; thence southwesterly along Highway 88 to its intersection with State Highway 12; thence westerly along Highway 12 and 88 to the intersection of Clements Road to its intersection with an imaginary easterly extension of Eight Mile Road from its junction with the Calaveras River; thence west along this extension to Eight Mile Road; then west along Eight Mile Road to Thornton Road; thence south on Thornton Road to its intersection with Disappointment Slough; thence westerly along Disappointment Slough to the southeast corner of Bishop Tract; thence westerly along the southern edges of Bishop Tract, King Island, and Empire Tract; thence northerly along the west edge of Empire Tract to the southeast corner of Bouldin Island; thence along the southern and western edges of Bouldin Island to the intersection of San Joaquin, Contra Costa, and Sacramento Counties; thence northerly and easterly along the San Joaquin-Sacramento County line to the point of beginning.

• (1) No application shall be made when wind velocity is less than two miles per hour or greater than seven miles per hour;

(2) No herbicide in an ester form shall be applied.

(3) A permit authorizing use shall show the application site(s) for which it is valid, except that a permit need not show the application site(s) if a notice of intent to apply pesticides is required to be filed previous to any application.

(4) No application shall be made on any area situated within two miles of any cultivated commercial vineyard belonging to any person other than the owner of the property being treated that existed prior to May 1, 1978.

(5) no application shall be made by aircraft; nor shall aircraft be loaded except as follows:

• (A) Within that portion of San Joaquin County described as the entire areas of Empire Tract, King Island, Bishop Tract, and Rio Blanco Tract, the eastern boundary line of which begins on Atherton Levee Road at the confluence of Disappointment Slough and the dredger cut, located approximately one-half mile west of Interstate Highway 5 Pixley Slough Bridge 29-200 L; and thence running northerly along the State of California borrow pit to its meeting with the easterly end of White Slough subject to the following restrictions:
  • 1. The commissioner may require that all applications be made under the direct supervision of the commissioner's representative.

(B) Within the entire area of Staten Island and Bouldin Island subject to the following restrictions:

• 1. The commissioner may require that all applications be made under the direct supervision of the commissioner's representative;

2. A drift reducing agent shall be added to the spray mixture;

3. Only one aircraft shall spray at a given time on each of the two islands.

(6) The provisions of subsections (4) and (5) shall not apply to Propanil herbicides.

(a) Jet nozzles having an orifice of not less than one-sixteenth of an inch in diameter shall be used with such orifices directed backward parallel to the horizontal axis of the aircraft in flight. A number 46 (or equivalent) or larger whirlplate may be used.

(b) Boom pressure shall not exceed 40 pounds per square inch.

(c) Spray material shall not be discharged at a height of more than ten (10) feet above the crop or target.

(d) Wind velocity shall not exceed 10 miles per hour.

(a)(1) A closed system shall be used for all mixing and transfers conducted by an employee.

(2) Paraquat applications shall not be made within one-eighth of a mile of any school or any area zoned as residential where people are actually residing or other inhabited residential area designated by the commissioner.

(3) DEF or Folex applications shall not be made within one-half mile of any area zoned as residential where people are actually residing or other inhabited residential area designated by the commissioner or any school in session or due to be in session within 24 hours.

(4) DEF or Folex applications shall not in any case be made within one-eighth of a mile of any school.

(b)(1) Jet nozzles having an orifice of not less than one-sixteenth of an inch in diameter shall be used on aircraft with such orifices directed backward parallel to the horizontal axis of the aircraft in flight. A number 46 (or equivalent) or larger whirlplate may be used.

(2) Aircraft nozzles shall not be equipped with any device or mechanism which would cause a sheet, fan, cone, or similar type dispersion of the discharged material.

(3) Aircraft boom pressure shall not exceed 40 pounds per square inch.

(4) These cotton harvest aids shall be applied by aircraft only in combination with a viscoelastic thickening agent or other drift control agent approved as effective for such purposes by the Director of the Department of Food and Agriculture.

(5) Except for the requirements of paragraph (4), this subsection does not apply to helicopters equipped with a Microfoil (R) boom operated at air speeds below 60 miles per hour.

(c) Air carrier ground equipment shall not be used to apply DEF or Folex.

(a) Fenamiphos shall not be used to treat residential or institutional lawns or public recreation areas other than golf courses.

(b) Fenamiphos shall not be applied with a knapsack or similar equipment that is placed on the applicator's body.

(c) Fenamiphos shall be watered in immediately after it is applied with a minimum of one-half inch of water. Such water shall not be allowed to run off the treated area.

(d) Unprotected persons shall be kept out of areas being treated with fenamiphos until 24 hours after watering, as specified in subsection (c), is completed.

(a) the pesticide user can document that the percolation rate of the canal or ditch is equal to or less than 0.2 inches per hour (0.002 gallons per minute per square foot); or

(b) the pesticide is applied six months before water is run in the canal or ditch.

(a) The property operator complies with section 6487.4; or

(b) Any runoff from the treated right-of-way shall pass through a noncrop fully vegetated area adjacent, and equal in area, to the treated area, or spread out onto an adjacent unenclosed fallow field that is at least 300 feet long and that will not be irrigated for six months following application, with full consideration of any plantback restrictions; or

(c) The property operator complies with any permit issued pursuant to the storm water provisions of the federal Clean Water Act pertaining to the treated area; or

(d) An alternative management practice or pesticide approved by the Director as follows:

(1) Upon written request, the Director may evaluate and approve use of management practices that are based on scientific data demonstrating their effectiveness in reducing movement of pesticides to groundwater; or

(2) Upon written request, the Director may make a determination to allow the interim use of a pesticide containing a chemical listed in section 6800(a) on an engineered right-of-way within a Groundwater Protection area, for a period not to exceed three years. The Director's determination shall be based on evidence that the available management practices are not feasible for a specific crop or site, and that there are no feasible alternatives for the specific crop or site. The formal request shall include a study protocol(s) that is acceptable to the Director to develop feasible alternatives or alternate management practices. The study protocol shall include a description of the objective, personnel, study plan, sampling methods including number of samples to be analyzed, data analysis, chemical analytical methods including appropriate quality control, timetable, and references, if any. The requestor shall submit a written progress report every six months. If the progress report does not support the submitted study protocol(s), or if a report is not submitted, the Director may rescind the determination to allow the use of the pesticide within a Groundwater Protection area.

(3) The Director will issue a public notice stating the reasons interim use has been approved under (1) or (2). The notice will be posted on the Department's Web site.

(a) Soil disturbance. Within seven days before the pesticide is applied, the soil to be treated shall be disturbed by using a disc, harrow, rotary tiller, or other mechanical method. This subsection does not apply to bentazon, and does not apply to the area to be treated that is immediately adjacent to the crop row and that does not exceed 33 percent of the distance between crop rows; or

(b) Incorporation of the pesticide. Within 48 hours after the day the pesticide is applied, the pesticide shall be incorporated on at least 90 percent of the area treated; using a disc, harrow, rotary tiller, or other mechanical method, or by sprinkler or low flow irrigation, including chemigation if allowed by the label, using a minimum of ¼ inch of irrigation water and a maximum of either one inch or the maximum amount of irrigation water specified on the label, at application rates that do not cause surface water runoff from the treated property or to wells on the treated property. This subsection does not apply to bentazon, and does not apply to the area treated with other pesticides listed in section 6800(a) that is immediately adjacent to the crop row and that does not exceed 33 percent of the distance between crop rows; or

(c) Band treatment. The pesticide shall be applied as a band treatment immediately adjacent to the crop row so that not more than 33 percent of the distance between rows is treated; or

(d) Timing of application. The pesticide shall be applied between April 1 and July 31; or

(e) Retention of runoff on field. For six months following the application, the field shall be designed, by berms, levees, or nondraining circulation systems, to retain all irrigation runoff and all precipitation on, and drainage through, the field. The retention area on the field shall not have a percolation rate of more than 0.2 inches per hour (5 inches per 24 hours); or

(f) Retention of runoff in a holding area off the field. For six months following the application, all runoff shall be channeled to a holding area off the application site, under the control of the property operator, that is designed to retain all irrigation runoff and all precipitation on, and drainage through, the treated field and all other areas draining into that holding area. The holding area shall not have a percolation rate of more than 0.2 inches per hour (5 inches per 24 hours); or

(g) Runoff onto a fallow field. For six months following application, runoff shall be managed so that it runs off onto an adjacent unenclosed fallow field at least 300 feet long that is not irrigated for six months after application, with full consideration of any plant back restrictions; or

(h) An alternative management practice or pesticide approved by the Director as follows:

(1) Upon written request, the Director may evaluate and approve use of alternative management practices that are based on scientific data demonstrating their effectiveness in reducing movement of pesticides to groundwater; or

(2) Upon written request, the Director may make a determination to allow the interim use of a pesticide containing a chemical listed in section 6800(a) within a runoff Groundwater Protection area, for a period not to exceed three years. The Director's determination shall be based on evidence that the available management practices are not feasible for a specific crop or site, and that there are no feasible alternatives for the specific crop or site. The formal request shall include a study protocol(s) that is acceptable to the Director to develop feasible alternatives or alternate mitigation measures. The study protocol shall include a description of the objective, personnel, study plan, sampling methods including number of samples to be analyzed, data analysis, chemical analytical methods including appropriate quality control, timetable, and references, if any. The requester shall submit a written progress report every six months. If the progress report does not support the submitted study protocol(s), or if a report is not submitted, the Director may rescind the determination to allow the use of the pesticide within a Groundwater Protection area.

(3) The Director will issue a public notice stating the reasons interim use has been approved under (1) or (2). The notice will be posted on the Department's Web site.

(a) The permittee shall not apply any irrigation water for six months following application of the pesticide; or

(b) The permittee shall apply the pesticide to the planting bed or the berm above the level of irrigation water in the furrow or basin and the water level shall remain at or below that level for six months following application of the pesticide; or

(c) Irrigation shall be managed so that the ratio of the amount of irrigation water applied divided by the net irrigation requirement is 1.33 or less for six months following application of the pesticide; or

(d) An alternative management practice or pesticide approved by the Director as follows:

(1) Upon written request, the Director may evaluate and approve use of alternative management practices that are based on scientific data demonstrating their effectiveness in reducing movement of pesticides to groundwater; or

(2) Upon written request, the Director may make a determination to allow the interim use of a pesticide containing a chemical listed in section 6800(a) within a leaching Groundwater Protection area, for a period not to exceed three years. The Director's determination shall be based on evidence that the available management practices are not feasible for a specific crop or site, and that there are no feasible alternatives for the specific crop or site. The formal request shall include a study protocol(s) that is acceptable to the Director to develop feasible alternatives or alternate management practices. The study protocol shall include a description of the objective, personnel, study plan, sampling methods including number of samples to be analyzed, data analysis, chemical analytical methods including appropriate quality control, timetable, and references, if any. The requester shall submit a written progress report every six months. If the progress report does not support the submitted study protocol(s), or if a report is not submitted, the Director may rescind the determination to allow the use of the pesticide within a Groundwater Protection area.

(3) The Director will issue a public notice stating the reasons interim use has been approved under (1) or (2). The notice will be posted on the Department's Web site.

(a) Antifouling paints or coatings containing tributyltin shall be applied only to:

(1) aluminum vessel hulls;

(2) vessel hulls 82 feet or more in length; and

(3) outboard motors and lower drive units.

(b) Except as provided in subsection (a), antifouling paints or coatings containing tributyltin shall not be applied to any surface or object that will come into contact with the freshwater or marine environment. This prohibition includes, but is not limited to, use on docks, piers, nets and other fishing equipment.

(c) Prior to purchase of antifouling paints or coatings containing tributyltin the purchaser shall present to the dealer a copy of the registration of the vessel to be painted or coated to verify the vessel type requirements specified in (a). In the case where no vessel registration exists or the paint or coating is to be applied to an outboard motor or lower drive unit, the purchaser shall submit a sworn statement to verify that the paint or coating shall be applied only to an aluminum vessel hull, to a vessel hull 82 feet or more in length, or to an outboard motor or lower drive. The sworn statement shall be made substantially in the form provided in Section 6574(b).