DPR 22-005 – Health Risk Mitigation and Volatile Organic Compound Emission Reduction for 1,3-Dichloropropene

DPR 22-005 Health Risk Mitigation and Volatile Organic Compound Emission Reduction for 1,3-Dichloropropene (Notice 11/18/22; Comment period closes 1/18/23; “15-day” comment period 5/9/23-5/31/23; Second “15-day” comment period 7/25/23-8/10/23)

DPR adopted sections 6448.1, 6448.3 and 6448.4 and amended sections 6448, 6448.1 (renumbered to 6448.2), 6449.1, 6452, 6452.2, 6624, 6626, and 6881 of Title 3, California Code of Regulations. This action restricts the use of 1,3-dichloropropene (1,3-D) to mitigate the potential 72-hour acute risk and 70-year lifetime cancer risk to non-occupational bystanders. The mitigation measures also further reduce the emissions of 1,3-D as a volatile organic compound. This action allows the use of 1,3-D only for the production of agricultural commodities, effectively prohibiting other uses that are not currently registered; establishes mandatory setbacks (distances from occupied structures where 1,3-D cannot be applied); sets limits on the application rate and acres treated for individual field soil fumigations; places restrictions on multiple field soil fumigations that do not meet distance or time separation criteria; limits the allowed methods to apply 1,3-D, including establishing criteria for acceptable types of tarpaulins that can be used; requires an annual report from DPR that includes evaluations of 1,3-D use and air monitoring results; and requires the inclusion of certain information in existing pesticide use records and pesticide use reports. DPR also incorporated “1,3-Dichloropropene Field Fumigation Requirements, Est. January 1, 2024” by reference in sections 6448, 6448.2, 6624, and 6626. A copy of this document is posted below.

A public hearing was held on January 18, 2023, in a hybrid format to receive oral or written comments regarding the proposed action. A public hearing was also held on May 31, 2023, in a hybrid format to receive oral or written comments regarding the proposed modifications that were available for public comment from May 9, 2023 to May 31, 2023.

Date Noticed: 11/18/2022
Effective Date: 01/01/2024
Status: Adopted
Section 100: No
Adopted: Yes
Status & Notes:
Filed with Secretary of State 12/22/2023
Comment Period:
  • 11/18/2022 - 01/18/2023
  • "15-day" comment period: 05/09/2023 - 05/31/2023
  • Second "15-day" comment period: 07/25/2023 - 08/10/2023

Attachments

Hearings

01/18/2023 - 1,3-D Regulation Hearing
January 18, 2023
9:30 am - 11:30 am
05/31/2023 - 1,3-D Regulation Hearing
May 31, 2023
9:30 am - 11:30 am