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DPR ANNOUNCES REGULATIONS FOR METHYL BROMIDE USE (NEW)

SACRAMENTO -- The California Department of Pesticide Regulation today announced new methyl bromide regulations to limit levels of the fumigant that may remain in the air for several weeks. These new "seasonal exposure" rules for methyl bromide are the first in the nation, and they take effect immediately.

The regulations enhance health protection for workers and others who may potentially be exposed to multiple applications over several weeks. DPR has found no imminent health hazard to communities from seasonal exposures to methyl bromide in recent years, based on air monitoring of high-use areas.

The new regulations give DPR and County Agricultural Commissioners authority to "ensure that ambient air concentrations of methyl bromide do not exceed an average daily non-occupational exposure of nine parts per billion (9 ppb) in a calendar month." This air standard includes a 100-fold margin of safety and is based on a large body of scientific data. Until now, there has been no subchronic (seasonal) exposure regulatory standard for methyl bromide anywhere in the United States.

A seasonal daily average of 9 ppb equates to use of about 270,000 pounds of methyl bromide within a township (six-square-mile area) in one month. In recent years, no township in California has reached that poundage level, based on pesticide use reports.

The 9 ppb standard will be maintained through the use of buffer zones, strict application methods, and, if necessary, limits on use. DPR plans to hold a workshop to refine its methods for determining use limitations.

As approved by the state Office of Administrative Law, the rules also strengthen and clarify DPR restrictions on farm field fumigations first imposed in 2000. Some specific provisions:

-- In addition to mandatory buffer zones, anyone who lives within 300 feet of a buffer zone perimeter shall receive advance notice of the fumigation.

-- When a school property is within 300 feet of a buffer zone perimeter, a fumigation must be completed at least 36 hours before school goes into session.

-- Fumigation work restrictions are clarified to include supervisors, and include requirements for respirators, as well as limited work hours and workdays.

DPR previously adopted regulations aimed at limiting short-term (24-hour) exposures to methyl bromide in the air to no more than 210 ppb. While maintaining that short-term standard, the seasonal (four-to-eight-week) standard of 9 ppb addresses average daily exposures for children or other individuals deemed most sensitive. The seasonal standard for adults is an average daily exposure of 16 ppb. (One part per billion is equivalent to one second of time in about 32 years, or one drop of liquid in a full tanker of a gasoline delivery truck.)

At public hearings on the seasonal exposure regulations, some industry advocates argued for exposure levels of up to 36 ppb for children and 64 ppb for workers, based on a single study. Environmentalists favored a 1 ppb level for seasonal exposures. DPR's risk assessment had already concluded that 1 ppb was acceptable for long-term (chronic) exposures.

DPR based its decisions on numerous scientific studies and extensive air monitoring conducted since the early 1990s. DPR scientists completed a risk assessment for methyl bromide in 1999 and sent their scientific document to the National Academies of Science (NAS) for review and comment. A NAS panel endorsed DPR's findings for short-term exposure action levels.

In 2000, DPR imposed new regulations for methyl bromide that included buffer zones, advance notification for field fumigations, and other protections. The rules were based on the 210 ppb standard for short-term exposures. No regulatory action level was set for seasonal exposures, due to a lack of data indicating seasonal exposure risk.

When additional air monitoring showed seasonal air levels that sometimes exceeded an average of 1 ppb per day, DPR scientists then began to review data and assess the need for additional regulatory safeguards. The NAS panel supported DPR's approach. The panel also recommended an additional toxicology study to establish subchronic (seasonal) action levels for methyl bromide exposure.

DPR's methyl bromide regulations have been the subject of lawsuits by both environmental and agricultural interests. To resolve that litigation, DPR agreed to reassess the regulations' potential economic impact on farmers, and to consider seasonal exposure standards. The rules imposed in 2000 were readopted as emergency regulations, pending approval of the new rules that just went into effect.

DPR pesticide use reports show methyl bromide applications in California fell from more than 15 million pounds in 1999 to 6.5 million pounds in 2002. Factors contributing to the decline include increasing DPR restrictions, use of other fumigants, research on less-toxic alternatives supported by DPR, the U.S. Environmental Protection Agency, the University of California, and industry; and reductions mandated by the federal Clean Air Act.

For the text of DPR's regulations, see www.cdpr.ca.gov/docs/legbills/recntadop.htm