Department of Pesticide Regulation proposes regulations developed with the Office of Environmental Health Hazard Assessment to further restrict the use of the pesticide, 1,3-D

Contacts
Craig Cassidy, DPR
Information Officer
(916) 207-1099 

Amy Gilson, OEHHA
Deputy Director for
External and Legislative Affairs
(916) 764-0955

SACRAMENTO - The California Department Pesticide Regulation (DPR) has proposed new regulations, developed jointly and mutually with the Office of Environmental Health Hazard Assessment (OEHHA), to protect occupational bystanders in the general vicinity of a treated field to reduce the risk of 1,3-D exposure.

1,3-D is widely used in agriculture as a pre-plant field fumigant. It is injected into soil and becomes a gas that kills plant pathogens like fungi and microscopic worms, but exposure to the pesticide is associated with the risk of developing cancer.

The proposed regulations require the use of totally impermeable film (TIF) tarps or alternate measures during application that provide a comparable degree of protection, such as a combination of alternative application methods and buffer zones, to achieve OEHHA’s recommended target air concentration level.

Based on OEHHA’s assessment, the proposed regulations establish a target air concentration of 0.21 parts per billion (ppb). The proposed regulations also require DPR to regularly evaluate the effectiveness of the regulations and, if necessary, to develop with OEHHA and local county agricultural commissioners, interim mitigation measures at a township level (6 x 6 miles areas) to address local conditions.

The proposed regulations build on recently adopted 1,3-D regulations that went into effect Jan. 1, 2024,. The recently adopted regulations address health risks for people who live near areas where applications occur, otherwise known as residential bystanders.

The proposed regulations can be viewed on DPR’s website.

DPR will accept written comments beginning Nov. 15, 2024 through Jan. 24, 2025. Comments can be submitted online using the online SmartComment public comment portal.

Mailed comments must be postmarked no later than Jan. 24, 2025. Mail these to:

Ann Schaffner, Environmental Program Manager I
Worker Health and Safety Branch
Department of Pesticide Regulation
1001 I Street, P.O. Box 4015
Sacramento, California 95812-4015

The department is also hosting four public hearings in January to provide an overview of,  and collect comments on, the proposed regulations. More information is available in the regulatory notice and below.

In addition to the proposed regulations, DPR commissioned an independent study by the California Council on Science and Technology to review and identify currently available alternatives to 1,3-D and other fumigants. The target date for completion of the study of alternatives to 1,3-D and the fumigant chloropicrin is December 2024. The target completion date for research on other fumigants is July 2025.

Public Hearings on Proposed 1,3-D Regulations
DPR will hold public hearings on the proposed regulations in January 2025. Spanish interpretation will be available. To request interpretation in additional languages please email languageaccess@cdpr.ca.gov at least 10 business days before the meeting date.

An informational presentation on the proposed regulations will be provided immediately prior to the official regulatory hearing and collection of public comments.

VISALIA
Wednesday, Jan. 8, 5:45 p.m. presentation, 6 - 8 p.m. hearing
Visalia Veterans’ Memorial
609 W. Center Ave.
Visalia, CA 93291

VIRTUAL
Friday, Jan. 10, 9:45 a.m. presentation, 10 a.m. hearing  
Zoom (Virtual) 
Direct link: https://bit.ly/3BT8PqR
Webinar ID: 845 7679 6884

SALINAS
Thursday, Jan. 16, 5:45 p.m. presentation, 6 - 8 p.m. hearing
National Steinbeck Center
1 Main St.
Salinas, CA 93901

CHICO
Tuesday, Jan. 21, 5:45 p.m. presentation, 6 - 8 p.m. hearing
Chico Women’s Club
592 E. 3rd St.
Chico, CA 95928