Section 6452.2 - Volatile Organic Compound Emission Limits(a) The Director shall establish field fumigant volatile organic compound (VOC) emission limits in the Annual Volatile Organic Compound Emissions Inventory Report issued pursuant to section 6881 for the Sacramento Metro, South Coast, Southeast Desert, and Ventura ozone nonattainment areas where the difference between emissions in the most recent inventory report and the benchmarks for that area is five percent or less of the benchmarks or exceeds the benchmarks listed below during the May 1 through October 31 time period: | Ozone Nonattainment Area | Total Agricultural and Structural VOC Emissions Inventory Benchmarks from May 1 to October 31 |
| Sacramento Metro | 820,000 lbs. (2.2 tons/day average) |
| South Coast | 3,200,000 lbs. (8.7 tons/day average) |
| Southeast Desert | 340,000 lbs. (0.92 tons/day average) |
| Ventura | 1,100,000 lbs. (3.0 tons/day average) |
(1) If a VOC emission limit is in effect pursuant to (a) that limit must remain in effect until the commissioner does not condition permits to include a fumigant emission allowance specified in (c)(1) or (d)(1), and does not deny any permit or notice of intent specified in (c)(2) or (d)(2) in order to comply with the fumigant emission limit for two consecutive years.(b) The Director shall calculate the field fumigant VOC emission limits specified in (a) by subtracting the nonfumigant pesticide VOC emissions from the total agricultural and structural VOC emissions inventory benchmarks. Nonfumigant pesticide product emissions will be the summation of the pounds of each pesticide product used multiplied by the VOC content (emission potential) for the specific product.(c) For the Ventura ozone nonattainment area, the commissioner shall ensure that the fumigant limits specified in (a) are not exceeded during the May 1 through October 31 time period using one or more of the following methods for field soil fumigations: (1) Condition permit to include fumigant emission allowances.(2) Deny any permit or notice of intent that would cause the fumigant limit to be exceeded.(3) Condition permit to prohibit or require any of the methods allowed by sections 6447.3(a), 6448.2(d), 6449.1(a), 6450.1(d), or 6452 during the May 1 through October 31 time period.(d) For ozone nonattainment areas other than Ventura, the Director shall select one or more of the following methods to ensure the fumigant limits specified in (a) are not exceeded during the May 1 through October 31 time period: (1) The Director establishes a fumigant emission allowance for each permittee, based on information provided the commissioners within the ozone nonattainment area. The total allowances in each ozone nonattainment area must not exceed the fumigant limit established for that area. Commissioners shall issue permits or amend existing permits to comply with the fumigant emission allowance(s) established by the Director. Commissioners shall deny any notice of intent that does not comply with the permittees' fumigant emission allowances.(2) Commissioners deny any permit or notice of intent that would cause the fumigant limit to be exceeded.(3) Commissioners condition permits to prohibit or require any of the methods allowed by sections 6447.3(a), 6448.2(d), 6449.1(a), 6450.1(d), or 6452 during the May 1 through October 31 time period.(e) No person may apply a field fumigant during the May 1 through October 31 time period in an ozone nonattainment area for which a fumigant emission limit has been established pursuant to (a), unless their restricted material permit includes conditions specified in (c) or (d), or notice of intent is approved in writing.(f) For the San Joaquin Valley ozone nonattainment area, if the difference between emissions in the most recent emissions inventory report and the 6,700,000 pound (18.1 tons per day) benchmark for this area is five percent or less of the benchmark or exceeds this benchmark during the May 1 through October 31 time period, the provisions of section 6884 shall apply.Cal. Code Regs. Tit. 3, § 6452.2
Note: Authority cited: Sections 11456, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006 and 14102, Food and Agricultural Code.
Note: Authority cited: Sections 11456, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14006 and 14102, Food and Agricultural Code.
1. New section filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
2. Amendment of subsection (a) and repealer and new subsection (c) filed 9-3-2008; operative 9-3-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 36).
3. Amendment of subsections (a) and (c) filed 4-20-2009; operative 4-20-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 17).
4. Amendment filed 4-7-2011; operative 4-7-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 14).
5. Amendment of section heading and subsections (a)-(a)(1) and (e) and new subsection (f) filed 5-23-2013; operative 11-1-2013 pursuant to Government Code section 11343.4(b)(2)(Register 2013, No. 21).
6. Amendment of subsections (c)(3) and (d)(3) filed 2-17-2016; operative 4/1/2016 (Register 2016, No. 8).
7. Amendment of subsections (c)(3) and (d)(3) filed 12-22-2023; operative 1/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 51).