1. (a) Starting with the report covering calendar year 2027, the draft Annual 1,3-Dichloropropene Report specified by section 6448.4(a) must include an evaluation to determine if the estimated 1,3-Dichloropropene air concentrations in any township exceeds 0.21 parts per billion (ppb) using the following data:

   1. (1) for the report covering calendar year 2027, a three-year average of 2025-2027 data;
   2. (2) for the report covering calendar year 2028, a four-year average of the 2025-2028 data;
   3. (3) for the report covering calendar year 2029, a five-year average of the 2025-2029 data;
   4. (4) For the report covering calendar year 2030 and subsequent years, a five-year average of the most recent data.
2. (b) The 0.21 ppb air concentration is a time-weighted average during a work period of 8:00 AM to 4:00 PM. However, the Department shall determine if estimated air concentrations exceed 0.21 ppb using alternative work periods if warranted for specific townships and times of the year when 1,3-Dichloropropene applications occur. If there is an exceedance of 0.21 ppb, the Department shall identify the factors causing the exceedance in the township(s), such as non-compliance with current requirements, fumigation method, weather conditions, application amount, or application frequency, and include a discussion of whether those factors are likely to continue.
3. (c) If the Department, in consultation with the Office of Environmental Health Hazard Assessment (OEHHA), determines that the factors causing 0.21 ppb to be exceeded are likely to continue in a township or townships, the Department will develop interim mitigation measures for 1,3-Dichloropropene that will result in an air concentration of no more than 0.21 ppb based on the relevant periods specified in subsection (a) and identify the relevant township(s) for the measures. The relevant townships are those that exceed 0.21 ppb or contribute to the exceedance in a nearby township. In developing the interim mitigation measures, the Department will consult with OEHHA and the commissioner(s) for the relevant township(s). The Department will include a description of the interim mitigation measures and relevant township(s) and an estimated timeline for publication of the interim mitigation measures in the Annual 1,3-Dichloropropene Report.
4. (d) The Department will publish the final interim mitigation measures as recommended conditions for restricted material permits under the timeline described in subsection (c) or as soon as is reasonably practicable. The interim recommended restricted material permit conditions expire within three years of the date of publication.

Note: Authority cited: Sections 11456, 12976, 12981, 14005 and 14024, Food and Agricultural Code. Reference: Sections 11501, 12980, 12981, 14006 and 14024, Food and Agricultural Code.

History

1. New section filed 12-23-2025; operative 1-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 52).