As predictable as the sun rising, environmental justice and pesticide activists have been successful in having the California Department of Pesticide Regulation (CDPR) take another swing at 1,3-Dichloropropene (Telone), or 1,3-D. As we all know, 1,3-D is a very efficacious nematicide and an absolutely necessary tool prior to planting a new orchard. It is a non-food-use, pre-plant fumigant and is a restricted-use pesticide, and as such can only be used by certified applicators. Despite all the recent safeguards put in place to protect workers and bystanders, activists continue to try and eliminate this important tool.

In 1998, EPA conducted and released a Reregistration Eligibility Decision (RED) for 1,3-D, and for comparative purposes, revised risk assessments for 1,3-D were completed concurrently with the other fumigants (methyl bromide, chloropicrin, metam sodium/metam potassium and dazomet) as these went through the reregistration process. The agency evaluated these soil fumigants at the same time to ensure human health risk assessment approaches are consistent and risk tradeoffs and economic outcomes were considered appropriately in reaching risk management decisions. What came out of that RED was the following:

• Lowered maximum application rates (rate decrease depends on the crop)

• Deletion of selected use sites

• Closed loading requirements

• Technology to minimize spillage during the application

• Improved product stewardship materials

• Additional PPE:  coveralls over short-sleeved shirt and short pants, chemical resistant gloves and footwear, chemical resistant apron (for direct handlers), respirator requirements for all handlers except those in certain closed cabs

• Restricted entry interval increased to 5 days

• Soil moisture and sealing requirements

• Modified application techniques

• 300-foot buffer from occupied structures

• Loading requirements

• Ground water advisory

• Prohibition of use in northern tier states (ND, SD, WI, MN, NY, ME, NH, VT, MA, UT, MT) with shallow groundwater and vulnerable soils

• 100-foot buffer between drinking water wells and treated fields

• Prohibition of use in areas overlaying karst geology
Since the 1998 RED, the following changes have been made:

• The prohibition of use in areas overlying karst geology was changed to prohibit application within 100 feet of karst topographical features.

• The 300-foot buffer from occupied structures was changed to 100 feet from occupied structures for some products.

• A tolerance was established in/on grape at 0.018 ppm when 1,3-D is applied via drip irrigation in established vineyards.

Then on Jan. 1, 2024, regulations from CDPR to mitigate the potential 72-hour acute risk and 70-year lifetime cancer risk from 1,3-D to non-occupational bystanders went into effect. The mitigation measures will also further reduce the emissions of 1,3-D as a volatile organic compound. The regulations include the following mitigation measures for acute, non-occupational bystander exposure:

• Setbacks from occupied structures and general requirements (e.g., application rate and acreage limits)

• Fumigation method requirements, including the use of totally impermeable film (TIF) tarps

• An annual report that includes summaries of 1,3-D use and air monitoring for the previous calendar year and data analysis if use levels or air concentrations meet specified criteria

These more stringent mitigation measures to address the acute risk to non-occupational bystanders were meant to mitigate cancer risk to non-occupational bystanders.

New Regulations

CDPR is developing new regulations jointly with the Office of Environmental Health Hazard Assessment (OEHHA) to reduce potential exposure to 1,3-D for occupational bystanders. CDPR and OEHHA are jointly developing the regulations to protect occupational bystanders in the general vicinity of a treated field to reduce the risk of 1,3-D exposure. The proposed regulations require the use of 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 CDPR to regularly evaluate the effectiveness of the regulations and, if necessary, develop with OEHHA and local county agricultural commissioners, interim mitigation measures at a township level (6 x 6 miles areas) to address local conditions. DPR will accept written comments beginning Nov. 15, 2024 through Jan. 24, 2025.

DPR will hold public hearings on the draft regulation in January 2025. An informational presentation on the regulation will be provided prior to the official regulatory hearing and collection of public comments. The hearing locations are as follows:

DATE:             Wednesday, January 8, 2025

TIME:              6:00-8:00 p.m.

PLACE:            Visalia Veteran’s Memorial

                      609 W Center Ave.

                      Visalia, Calif. 93291

DATE:             Friday, January 10, 2025

TIME:             10:00 a.m.

PLACE:           Zoom (Virtual)

                     Webinar ID: 845 7679 6884

One tap to join from a mobile phone: +16699009128,,84576796884#

DATE:             Thursday, January 16, 2025

TIME:              6:00-8:00 p.m.

PLACE:           National Steinbeck Center

                     1 Main Street

                     Salinas, Calif. 93901

DATE:            Tuesday, January 21, 2025

TIME:             6:00-8:00 p.m.

PLACE:           Chico Women’s Club

                      592 East 3rd Street

                      Chico, Calif. 95928

It is important the industry voices any concerns they may have about these proposed changes. Western Agricultural Processors Association (WAPA) is developing and will be submitting comments. We encourage growers to attend these meetings and voice their concerns.