ARIZONA STATE SENATE
Phoenix, Arizona
telone II; use restrictions
Restricts the annual use of
1,3-Dichloropropene (Telone II).
Under the requirements of the Clean Air Act, the U.
S. Environmental Protection Agency (EPA) has put forth regulations to phase out
a number of ozone depleting substances, including methyl bromide. Methyl bromide is a broad spectrum pesticide
used in the control of pest insects, nematodes, weeds, pathogens and
rodents. It is a hazardous air
pollutant and is due to be completely phased out by 2005. Telone II or 1,3-dichloropropene (1,3-D),
has been identified as an alternative soil treatment to methyl bromide and is
also classified as a hazardous air pollutant.
In 1986, 1,3-D was placed in the EPA’s special
review process based on concerns for workers, the potential for groundwater
contamination and residues in crops grown in treated soils. In 1992 and 1996, DowAgroSciences requested
label changes to reduce levels of 1,3-D, which volatilize into the atmosphere
during fumigant transfers, application and the postfumigation time period. Some control measures added to 1,3-D labels
were shut-off valves to prevent spillage, a 300-foot no-treatment buffer from
occupied structures and reduced application rates. According to the EPA, these measures reduced the largest sources
of human exposure to 1,3-D. The EPA
concluded that when labeled and used as specified, 1,3-D will not cause
unreasonable risks to human health or the environment.
S.B. 1170 specifies that in
any calendar year, no more than 90,250 adjusted total pounds of
1,3-dichloropropene may be applied in any 36 square mile area. There are no known fiscal impacts to the
state general fund relating to the provisions of this bill.
1. Stipulates that in any calendar year, no more than 90,250 adjusted total pounds of 1,3-dichloropropene may be applied in any 36 square mile area.
2. Requires an applicator to notify the chemical division of the Department of Agriculture at least 48 hours prior to a proposed application of 1,3-dichloropropene. Specifies that the notice include the location, depth and type of application, a valid recommendation of a pest control advisor, the amount of 1,3-dichloropropene to be applied and the application factor appropriate for the application.
3. Allows the Director of the Department of Agriculture to order the prevention or delay of the application if the application would exceed the yearly maximum of 90,250 adjusted total pounds per 36 square mile area.
4. Requires the Director, on request by an affected party, to schedule an administrative hearing within 24 hours of the order and allows the Director to affirm, modify or rescind the order at the conclusion of the hearing.
5. Allows a party to the decision to obtain judicial review if all other administrative options have been exhausted.
6. Provides for a general effective date.
Prepared by Senate Staff
February 11, 2002