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

Back to Proposed and Recently Adopted Regulations

Sign-up to receive Notices of Proposed Regulatory Action via e-mail.

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)

DPR proposes to adopt sections 6448.3 and 6448.4; amend sections 6448, 6449.1, 6452, 6452.2, 6624, 6626, and 6881; and adopt new section 6448.1, and renumber and amend previous section 6448.1 as section 6448.2 of Title 3, California Code of Regulations. The proposed action will restrict 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 proposed mitigation measures will also further reduce the emissions of 1,3-D as a volatile organic compound. The proposed action will allow the use of 1,3-D only for the production of agricultural commodities, effectively prohibiting other uses that are not currently registered; establish mandatory setbacks (distances from occupied structures where 1,3-D cannot be applied); set limits on the application rate and acres treated for individual field soil fumigations; place restrictions on multiple field soil fumigations that do not meet distance or time separation criteria; limit the allowed methods to apply 1,3-D, including establishing criteria for acceptable types of tarpaulins that can be used; require an annual report from DPR that includes evaluations of 1,3-D use and air monitoring results; and require the inclusion of certain information in existing pesticide use records and pesticide use reports. DPR also proposes to incorporate “1,3-Dichloropropene Field Fumigation Requirements, Est. January 1, 2024” by reference in proposed sections 6448, 6448.2, 6624, and 6626. A copy of this document is included in the rulemaking file and is posted below.

A public hearing has been scheduled for the date and time stated below to receive oral and/or written comments regarding the proposed action. This public hearing will occur in a hybrid format with both a physical location and an option to participate from a remote location.

DATE:   January 18, 2023
TIME:    9:30 A.M.
PLACE: Physical Location:
                CalEPA Headquarters Building
                Byron Sher Auditorium
                1001 I Street, 2nd Floor
                Sacramento, California 95814

                Remote Location:
                Webinar ID: 826 1358 3257
                Password: 045724
                Join the meeting from a web browser or Zoom client
                One tap to join from a mobile phone:
                Or call from a landline: +1 669 900 9128 - and enter the Webinar ID and
                Password (above) when prompted

The hearing will also be accessible via public webcast for persons who would like to watch this hearing without participating. The public webcast can be accessed by visiting the following web address: video.calepa.ca.gov