Updates to Pesticide Use Enforcement Program Standards Compendium Volume 3, Restricted Materials and Permitting: Appendices J (1,3-Dichloropropene) and N (Volatile Organic Compounds)

This letter announces the availability of, and summarizes, updates to Pesticide Use Enforcement Program Standards Compendium Volume 3, Restricted Materials and Permitting, Appendices J and N. Updates are enclosed and will also be available online. Please have your staff begin using the updated versions as soon as possible.

DPR updated the field fumigation method codes in Appendices J and N to be consistent with DPR rulemaking packages and other guidance. The updates include:

• Method 1206 (Nontarpaulin/Deep/Broadcast) is a high emission method when used with chloropicrin or chloropicrin and 1,3-dichloropropene (1,3-D), and is prohibited in the Southeast Desert, San Joaquin Valley and Ventura nonattainment areas from May 1 to October 31, but is a low emission method and allowed during this period when used with products containing only 1,3-D.
• Consistent with ENF letter 14-19, the names of methods 1211 and 1227 (Nontarpaulin/Deep/GPS targeted and Nontarpaulin/Deep 24 inches /GPS targeted) were modified to clarify the methods are “Strip” fumigations. Title 3, California Code of Regulations (3 CCR) sections 6448.2(d) and 6449.1(a) prohibit method (d)(5) from being used with chloropicrin products from May 1 to October 31 in the Southeast Desert, San Joaquin Valley and Ventura nonattainment areas unless applied via strip fumigation.
• Consistent with DPR rulemaking 15-002 (OAL File No. 16-0104-04S) methods 1190 (Other label methods with methyl bromide), 1208 (Tarpaulin/Deep/Bed), and 1248 (Tarpaulin/Deep/Bed – with tarp eligible for 60% credit) are prohibited statewide.
  • Section 6447.3(a) only allows the listed methods to be used in California. The option to apply by “Other label methods” is not listed, therefore this method is prohibited statewide.
  • The words “or bed” were removed from subsections (d)(5) and (d)(6) in 2016. In the rulemaking, DPR noted this was because the product labels prohibit these deep bed methods. Consequently, notwithstanding that they have buffer zone and setback distances in the “1,3-Dichloropropene Field Fumigation Requirements” document incorporated by reference, methods 1208 and 1248 are currently prohibited statewide.
• Method 1225 (Tarpaulin/24 inches Deep/Broadcast) is allowed in the nonattainment areas from May 1 to October 31 because the method is a tarped method included under section 6648.2(d)(6), rather than (d)(5) as was previously noted.
• Method 1249 (Tarpaulin/Deep/Broadcast – Strip – with tarp eligible for 60% credit) was not included in either Appendix for 1,3-D.

Even though, for 1,3-D, many of these methods are included in the “1,3-Dichloropropene Field Fumigation Requirements” document incorporated by reference in 3 CCR sections 6448, 6448.2, 6624, and 6626 they are still subject to above restrictions and prohibitions.

Additionally, the Interim Recommended Permit Conditions for the Nontarpaulin Tree-hole Fumigation Method have been updated to specify the method is prohibited in December, which is consistent with the Director’s Decision in EXEC letter #24-01.

To print the revised portions of the manual, select from the enclosures or go to Volume 3, Restricted Materials and Permitting. It is recommended the pages be printed back-to-back, where applicable.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,