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

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Division 6. Pesticides and Pest Control Operations
Chapter 4.  Environmental Protection
Subchapter 2. Air
Article 2. Volatile Organic Compounds


6880. Criteria to Designate Low-Volatile Organic Compound (VOC) or High-VOC Nonfumigant Pesticide Products.

(a) The Director shall designate in the Annual VOC Emissions Inventory Report all nonfumigant products with agricultural uses containing the following primary active ingredients as low-VOC if the product has less than or equal to the product VOC emission potential listed below. All other products containing the primary active ingredients below with active or inactive registrations shall be designated as high-VOC.

Product Primary Active Ingredient* Product VOC Emission Potential
(percent by weight)
Abamectin 35
Chlorpyrifos 25
Gibberellins 25
Oxyfluorfen 15

*If a product contains more than one active ingredient, the primary active ingredient is the one present at the highest percentage in a product. These criteria do not apply to products that contain an active ingredient listed above, but not as the primary active ingredient, including products with one or more active ingredients present at the same percentage.

NOTE: Authority cited: Sections 11456, 12976, and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14102, Food and Agricultural Code.

6881. Annual Volatile Organic Compound Emissions Inventory Report.

(a) The Director shall issue an annual emissions inventory report for the Sacramento Metro, San Joaquin Valley, South Coast, Southeast Desert, and Ventura ozone nonattainment areas.  The emissions inventory report must: 

(1) report the total agricultural and structural (fumigant and nonfumigant) pesticide volatile organic compound (VOC) emissions for the previous years. 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.  Fumigant product emissions will be the summation of the pounds of each pesticide product used multiplied by the emission potential for that specific product and VOC emission rating for the application method, as specified in (4);

(2) evaluate compliance with the total pounds of agricultural and structural VOC emissions specified in section 6452.2;

(3) establish fumigant emissions limits pursuant to section 6452.2 for the upcoming year;

(4) establish an emission rating for each field fumigation method described in sections 6446.1, 6447.3, 6448.1, 6449.1, 6450.1, 6450.2, 6451.1, or 6452.  The emission rating will be expressed as a percentage of the amount of fumigant applied.  The Director shall base the emission rating upon available scientific data documenting the VOC emissions;

(5) establish prohibitions on high-VOC nonfumigant products pursuant to section 6452.2(f), and if applicable, determine if prohibitions pursuant to section 6884(c) remain in effect;

(6) establish a list of the nonfumigant products that are designated as low-VOC pursuant to section 6880;

(7) establish a list of the actively registered nonfumigant products that are designated as high-VOC pursuant to section 6880.

(b) A draft emission 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 Volatile Organic Compound Emissions Inventory Report.  The emissions report will be posted on the Department's Web site.

(c) Low-VOC agricultural use products registered after the release of the Annual VOC Emissions Inventory Report and contain abamectin, chlorpyrifos, gibberellins, or oxyfluorfen as the primary active ingredient, will be listed in a supplemental report and posted on the Department's Web site. The products designated as low-VOC will be based upon the criteria established in section 6880.

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

6883. Recommendation Requirements in the San Joaquin Valley Ozone Nonattainment Area.

In the San Joaquin Valley ozone nonattainment area, the operator of the property shall not apply a high-volatile organic compound nonfumigant product specified in section 6881 during May 1 through October 31 to one of the following crops unless they obtain the written recommendation of a licensed agricultural pest control adviser: alfalfa, almond, citrus, cotton, grape, pistachio, and walnut. The operator of the property shall retain the written recommendation for at least two years after the application occurs.

NOTE: Authority cited: Sections 11456, 12976, and 14102, Food and Agricultural Code. Reference: Sections 11501, 12003, and 14102, Food and Agricultural Code.

6884. San Joaquin Valley Ozone Nonattainment Area Use Prohibitions.

Pursuant to section 6452.2(f), the following shall apply to agricultural uses of high-volatile organic compound (VOC) products specified in the Annual VOC Emissions Inventory Report required in section 6881 containing abamectin, chlorpyrifos, gibberellins, or oxyfluorfen as the primary active ingredient in the San Joaquin Valley ozone nonattainment area during the May 1 through October 31 time period.

(a) No person may apply a nonfumigant product that has been designated as a high-VOC pursuant to section 6880 and as specified in the Annual VOC Emissions Inventory Report required by section 6881 on the following crops: alfalfa, almond, citrus, cotton, grape, pistachio, and walnut. If the product is not listed as a low-VOC, it cannot be used.

(b) Notwithstanding (a), the following exceptions for use of high-VOC products are permitted:

(1) Use of chlorpyrifos products to control aphids on cotton.

(2) Use of gibberellins products when applied at an application rate of 16 grams of active ingredient per acre or less.

(3) Use of oxyfluorfen products when applied at an application rate of 0.125 (⅛) pounds of active ingredient per acre or less.

(4) Uses for which the U.S. Environmental Protection Agency has issued an emergency exemption from registration under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act.

(5) Uses registered as a Special Local Need under Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act.

(6) Applications made by or under the direction of the U.S. Department of Agriculture, the California Department of Food and Agriculture, or county agricultural commissioner to control, suppress or eradicate pests.

(7) Applications using precision spray technology meeting the criteria of the California Office of the Natural Resources Conservation Service’s Environmental Quality Incentives Program.

(c) If prohibitions for high-VOC nonfumigant products are in effect pursuant to section 6452.2(f), those prohibitions must remain in effect until the hypothetical VOC emissions shown in the Annual VOC Emissions Inventory Report comply with the limit specified in section 6452.2(f) for at least two consecutive years. The hypothetical VOC emissions during a year of prohibitions shall be calculated for each active ingredient used on each crop specified in section 6884. The hypothetical emissions shall be calculated by assuming the relative mixture of high and low-VOC products used in the current year of prohibitions would have been the same as in the most recent year without prohibitions. The VOC emissions are then calculated using that product mixture for the amount of active ingredient used in the current year.

The following formula represents how the hypothetical VOC emissions described above would be calculated for each pesticide-crop combination:


Hypothetical emissions for a pesticide-crop combination listed in section 6884 during May-Oct for the year of prohibitions = (Emissions for the pesticide-crop combination during May-Oct for the most current year without prohibitions) X (Pounds active ingredient for the crop during May-Oct for the year of prohibitions)

Pounds active ingredient for the crop during May-Oct for the most current year without prohibitions

The total hypothetical VOC emissions will be the summation of the hypothetical emissions for each pesticide-crop combination, plus the actual VOC emissions for the remaining pesticides and crops not listed in section 6880.

(d) If the Director makes a determination that the removal of an active ingredient designated as a high-VOC in section 6880, or the removal of a crop in subsection (a), or the addition of an exception in subsection (b) will not affect the ability to comply with the limit specified in section 6452.2(f) (17.2 tons per day), then the Director may approve the interim removal and/or addition using the Annual VOC Emissions Inventory process described below in (e).

(1)The Director's determination to remove an active ingredient shall be based on:

(A) the decrease in its use and emissions;

(B) the decrease being caused by factors that are likely to persist; and

(C) on a calculation of the inventory using the assumption that all applications to the crops listed in subsection (a) would have used the product(s) containing the removed pesticide that would result in the highest VOC emissions for the two most recent years of the VOC emissions inventory.

(2) The Director's determination to remove a crop shall be based on:

(A) the decrease in use and emissions from products specified in section 6880 on this crop;

(B) the decrease being caused by factors that are likely to persist; and

(C) on a calculation of the inventory using the assumption that all applications to the removed crop would use the products containing the primary active ingredients listed in section 6880 that result in the highest VOC emissions for the two most recent years of VOC emissions inventory.

(3) The Director's determination to add an exception shall be based on the estimated VOC emissions that would result from allowing the exception based on the two most recent years of the VOC emissions inventory and study information. The study must:

(A) specify the maximum application rate (pounds per acre) of the high-VOC product of the added exception; and

(B) estimate the maximum number of acres that could be treated with a high-VOC product for the added exception during May-October, and the method to estimate the number of acres.

(C) No exception would be allowed unless the study shows a greater amount of an active ingredient must be applied using a low-VOC product to achieve the same efficacy as a high-VOC product.

(e) The Director shall publish the proposed interim removal of an active ingredient or crop, or the addition of an exception in the draft VOC emissions report specified in section 6881(b). The report must include a description of the calculations used to determine that the limit specified in section 6452.2(f) would not have been exceeded in the two most recent years, with the removal or addition. The report must also include a description of the changes in cropping patterns, pest management practices, product registration, regulatory requirements, or other factors that have caused a decrease in use and emissions, and are likely to persist. 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 VOC Emissions Inventory Report. The emissions report will be posted on the Department's Web site. The removal or addition must be evaluated each year in the Annual VOC Emissions Inventory Report and may only remain in effect up to three years unless implemented through state and federal rulemaking.

NOTE: Authority cited: Sections 11456, 12976, and 14102, Food and Agricultural Code. Reference: Sections 11501 and 14102, Food and Agricultural Code.

6886. Dealer Responsibilities for the San Joaquin Valley Ozone Nonattainment Area.

Each licensed pest control dealer of a high-volatile organic compound (VOC) nonfumigant product specified in the Annual VOC Emissions Inventory Report, shall provide VOC information, in writing, to the purchaser at time of purchase or delivery pursuant section 6577 if the sale is made to or for the operator of the property with an operator identification number issued by a county agricultural commissioner in the San Joaquin Valley ozone nonattainment area.

NOTE: Authority cited: Sections 11456 and 12111, Food and Agricultural Code. Reference: Section 11501, Food and Agricultural Code.

6895. Prohibition of Use of Weed Oils.

NOTE: Authority cited: Sections 407, 12781 and 12981, Food and Agricultural Code.

Reference: Sections 11501 and 12824, Food and Agricultural Code.

 

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