The provisions of this section and sections
6447.1,
6447.2,
6447.3, and
6784(b) pertain to
field soil fumigation using methyl bromide. For purposes of these sections,
field soil fumigation does not apply to golf courses, replant of individual
vine or tree-sites (tree holes) less than one contiguous acre, raised-tarpaulin
nursery fumigations of less than one acre, potting soil, and greenhouses and
other similar structures.
(a) In
addition to the requirements of section
6428, the operator of the property
to be treated shall submit a proposed work site plan to the commissioner for
evaluation at least seven days prior to submitting a notice of intent. The
proposed work site plan must include, but is not limited to, method of
application to be used, acreage and identification of each application block to
be treated, broadcast equivalent application rate to be used, description of
the notification procedure to property operators pursuant to section
6447.1(b),
description of any activities within the buffer zone(s) as specified in section
6447.2(c) and (d),
description of any workday/work hour limitations as specified in section
6784(b)(3) and
respiratory protection as specified on the label, and if applicable,
description of the tarpaulin repair response plan. The commissioner shall
retain the proposed worksite plan for one year after the expiration of the
permit.
(b) The commissioner,
pursuant to section
6432, shall evaluate local
conditions and the proposed work site plan.
(c) The commissioner shall include at least
the following when conditioning a permit: the buffer zone requirements,
work-hour restrictions, notification requirements, any other restrictions to
address local conditions, and if applicable, description of the tarpaulin
repair response plan. The commissioner shall complete the evaluation and
complete conditioning the permit prior to the submission of the notice of
intent.
(d) An application block
must not exceed 40 acres unless approved by the Director.
(e) Except for experimental research purposes
pursuant to a valid research authorization issued according to section
6260, or a reduced volatile organic
compound emission fumigation method approved pursuant to section
6452, tarpaulins must have a
permeability factor of no more than 8 milliliters methyl bromide per hour, per
square meter, per 1,000 parts per million of methyl bromide under the tarpaulin
at 30 degrees Celsius, and be approved by the Department. This includes
tarpaulins that have 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 use of this tarpaulin will not allow the reduction of
buffer zone distances specified on the label. A list of approved tarpaulins is
available from the Department.
(f)
Tarpaulins must be buried under at least four inches of firmly packed soil at
the end of the rows. The tarpaulins must remain in place for the time specified
in section
6447.3.
(g) County agricultural commissioners shall
ensure that agricultural use of methyl bromide does not exceed 171,625 pounds
in a township in a calendar month. County agricultural commissioners shall deny
any permit or notice of intent that would cause the 171,625 pound limit to be
exceeded.
