{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1308.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1308.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1308.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1308.01.html"}],"law_id":76943,"edition_id":1,"section_id":76943,"structure_id":12861,"section_number":"10.1-1308.01","catch_line":"Qualified fumigation facilities","history":"2011, c. 393.","full_text":"A\n\nFor the purposes of this section, a “qualified fumigation facility” means a facility that:1\n\nConducts commodity fumigation using any chemical regulated under Section 112(b) of the federal Clean Air Act of foods, products, components, livestock or materials including fumigation subject to regulation by either the U.S. Department of Agriculture or the U.S. Food and Drug Administration, or conducts such fumigation as required by other international, federal, or state regulations or requirements;2\n\nIs not otherwise exempt under regulations of the Board for toxic air pollutants;3\n\nHas the potential to emit less than 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants regulated by the Board pursuant to its regulations in Articles 4 (9VAC5-60-200 et seq.) and 5 (9VAC5-60-300 et seq.) of Chapter 60 (9VAC5-60); or is not otherwise subject to regulation under the provisions of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) related to hazardous air pollutants. For determining potential to emit, “facility” means any building, structure, facility or installation that emits or may emit any regulated air pollutant. A facility shall include all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control;4\n\nOperates in compliance with all federal and state regulations for licensing and operation of fumigation facilities and licensing of fumigant applicators; and5\n\nConducts fumigation activities that are, at a minimum, one of the following:\n\t\t\t\ta. Performed in buildings or locations within the facility that are no closer than 300 feet from any building, structure, or area not within the facility if such building, structure, or area is regularly occupied by the public. The conditions in this subdivision may be waived or reduced by the Department, in consultation with the Department of Agriculture and Consumer Services;\n\t\t\t\tb. Performed in buildings or containers that are sealed during fumigation and that voluntarily employ capture and control technologies for the fumigant emissions; or\n\t\t\t\tc. Monitored utilizing equipment and methods recognized by the National Institute for Occupational Safety and Health, or other equipment and methods widely accepted as an industry standard, to ensure the applicable fumigant airborne concentrations referenced in the permissible exposure limits established by the Department of Labor and Industry or the parts per million standard stipulated in the federally approved pesticide labeling, whichever is more stringent, is not exceeded at the fence or property line during active fumigation and fumigation aeration.B\n\nThe operator of a qualified fumigation facility shall provide to the Department, by first-class mail, facsimile, or electronic mail:1\n\nA written notice prior to conducting fumigation activity at the facility that shall include:\n\t\t\t\ta. Exact physical location at the facility of the particular fumigation operation and distance from any building, structure, or other area regularly occupied by the public;\n\t\t\t\tb. Object being fumigated (e.g. rail car, truck container, warehouse, bin, storage silo, open pallet of product);\n\t\t\t\tc. Product being fumigated;\n\t\t\t\td. Number of objects and quantity of product being fumigated;\n\t\t\t\te. Containment system (e.g. tarp, sealed container);\n\t\t\t\tf. Fumigant to be used;\n\t\t\t\tg. Expected quantity of fumigant to be used;\n\t\t\t\th. Expected duration of fumigation;\n\t\t\t\ti. Expected duration of aeration;\n\t\t\t\tj. Material safety data sheet (MSDS) for fumigant; and\n\t\t\t\tk. A brief description of capture and control device, if used pursuant to subdivision A 5 b.2\n\nA written report completed within four business days following the completion of the fumigation activity that shall include:\n\t\t\t\ta. Total quantity of fumigant actually used;\n\t\t\t\tb. Actual duration of aeration; and\n\t\t\t\tc. Monitoring results for fumigation operations conducted pursuant to subdivision A 5 c.C\n\nPrior to the application of fumigant at the site, a facility shall post visible and legible signs at the facility fence or property line closest to any public right-of-way. The signs shall remain in place until completion of the aeration process and shall conform to the format for placards mandated by the federally approved fumigant label.D\n\nIn-transit fumigations where the planned aeration is scheduled to occur outside of the Commonwealth are not subject to Board regulations.","order_by":null,"text":{"0":{"id":276138,"text":"For the purposes of this section, a “qualified fumigation facility” means a facility that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":276139,"text":"Conducts commodity fumigation using any chemical regulated under Section 112(b) of the federal Clean Air Act of foods, products, components, livestock or materials including fumigation subject to regulation by either the U.S. Department of Agriculture or the U.S. Food and Drug Administration, or conducts such fumigation as required by other international, federal, or state regulations or requirements;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":276140,"text":"Is not otherwise exempt under regulations of the Board for toxic air pollutants;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":276141,"text":"Has the potential to emit less than 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants regulated by the Board pursuant to its regulations in Articles 4 (9VAC5-60-200 et seq.) and 5 (9VAC5-60-300 et seq.) of Chapter 60 (9VAC5-60); or is not otherwise subject to regulation under the provisions of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) related to hazardous air pollutants. For determining potential to emit, “facility” means any building, structure, facility or installation that emits or may emit any regulated air pollutant. A facility shall include all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":276142,"text":"Operates in compliance with all federal and state regulations for licensing and operation of fumigation facilities and licensing of fumigant applicators; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":276143,"text":"Conducts fumigation activities that are, at a minimum, one of the following:\n\t\t\t\ta. Performed in buildings or locations within the facility that are no closer than 300 feet from any building, structure, or area not within the facility if such building, structure, or area is regularly occupied by the public. The conditions in this subdivision may be waived or reduced by the Department, in consultation with the Department of Agriculture and Consumer Services;\n\t\t\t\tb. Performed in buildings or containers that are sealed during fumigation and that voluntarily employ capture and control technologies for the fumigant emissions; or\n\t\t\t\tc. Monitored utilizing equipment and methods recognized by the National Institute for Occupational Safety and Health, or other equipment and methods widely accepted as an industry standard, to ensure the applicable fumigant airborne concentrations referenced in the permissible exposure limits established by the Department of Labor and Industry or the parts per million standard stipulated in the federally approved pesticide labeling, whichever is more stringent, is not exceeded at the fence or property line during active fumigation and fumigation aeration.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":276144,"text":"The operator of a qualified fumigation facility shall provide to the Department, by first-class mail, facsimile, or electronic mail:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"7":{"id":276145,"text":"A written notice prior to conducting fumigation activity at the facility that shall include:\n\t\t\t\ta. Exact physical location at the facility of the particular fumigation operation and distance from any building, structure, or other area regularly occupied by the public;\n\t\t\t\tb. Object being fumigated (e.g. rail car, truck container, warehouse, bin, storage silo, open pallet of product);\n\t\t\t\tc. Product being fumigated;\n\t\t\t\td. Number of objects and quantity of product being fumigated;\n\t\t\t\te. Containment system (e.g. tarp, sealed container);\n\t\t\t\tf. Fumigant to be used;\n\t\t\t\tg. Expected quantity of fumigant to be used;\n\t\t\t\th. Expected duration of fumigation;\n\t\t\t\ti. Expected duration of aeration;\n\t\t\t\tj. Material safety data sheet (MSDS) for fumigant; and\n\t\t\t\tk. A brief description of capture and control device, if used pursuant to subdivision A 5 b.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"8":{"id":276146,"text":"A written report completed within four business days following the completion of the fumigation activity that shall include:\n\t\t\t\ta. Total quantity of fumigant actually used;\n\t\t\t\tb. Actual duration of aeration; and\n\t\t\t\tc. Monitoring results for fumigation operations conducted pursuant to subdivision A 5 c.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"9":{"id":276147,"text":"Prior to the application of fumigant at the site, a facility shall post visible and legible signs at the facility fence or property line closest to any public right-of-way. The signs shall remain in place until completion of the aeration process and shall conform to the format for placards mandated by the federally approved fumigant label.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"10":{"id":276148,"text":"In-transit fumigations where the planned aeration is scheduled to occur outside of the Commonwealth are not subject to Board regulations.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12861,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12860,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145653,"object_type":"structure","relational_id":12861,"identifier":"1","token":"10.1\/II\/13\/1","url":"\/10.1\/II\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12860,"edition_id":1,"name":"Air Pollution Control Board","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145651,"object_type":"structure","relational_id":12860,"identifier":"13","token":"10.1\/II\/13","url":"\/10.1\/II\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77830,"structure_id":12861,"section_number":"10.1-1300","catch_line":"Definitions","url":"\/10.1-1300\/","token":"10.1\/II\/13\/1\/10.1-1300","metadata":false},{"id":63039,"structure_id":12861,"section_number":"10.1-1300.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1300.1\/","token":"10.1\/II\/13\/1\/10.1-1300.1","metadata":false},{"id":69548,"structure_id":12861,"section_number":"10.1-1301","catch_line":"State Air Pollution Control Board; membership; terms; vacancies","url":"\/10.1-1301\/","token":"10.1\/II\/13\/1\/10.1-1301","metadata":false},{"id":84212,"structure_id":12861,"section_number":"10.1-1302","catch_line":"Qualifications of members of Board","url":"\/10.1-1302\/","token":"10.1\/II\/13\/1\/10.1-1302","metadata":false},{"id":60558,"structure_id":12861,"section_number":"10.1-1303","catch_line":"Chairman of the Board; Executive Director; cooperation of state agencies","url":"\/10.1-1303\/","token":"10.1\/II\/13\/1\/10.1-1303","metadata":false},{"id":60398,"structure_id":12861,"section_number":"10.1-1304","catch_line":"Meetings of Board; quorum","url":"\/10.1-1304\/","token":"10.1\/II\/13\/1\/10.1-1304","metadata":false},{"id":82080,"structure_id":12861,"section_number":"10.1-1305","catch_line":"Records of proceedings of Board","url":"\/10.1-1305\/","token":"10.1\/II\/13\/1\/10.1-1305","metadata":false},{"id":82195,"structure_id":12861,"section_number":"10.1-1306","catch_line":"Inspections, investigations, etc","url":"\/10.1-1306\/","token":"10.1\/II\/13\/1\/10.1-1306","metadata":false},{"id":74498,"structure_id":12861,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","url":"\/10.1-1307\/","token":"10.1\/II\/13\/1\/10.1-1307","metadata":false},{"id":56548,"structure_id":12861,"section_number":"10.1-1307.01","catch_line":"Further duties of Board and Department; localities particularly affected","url":"\/10.1-1307.01\/","token":"10.1\/II\/13\/1\/10.1-1307.01","metadata":false},{"id":80356,"structure_id":12861,"section_number":"10.1-1307.02","catch_line":"Permit for generation of electricity during ISO-declared emergency","url":"\/10.1-1307.02\/","token":"10.1\/II\/13\/1\/10.1-1307.02","metadata":false},{"id":78676,"structure_id":12861,"section_number":"10.1-1307.03","catch_line":"Requirements applicable to Outer Continental Shelf sources","url":"\/10.1-1307.03\/","token":"10.1\/II\/13\/1\/10.1-1307.03","metadata":false},{"id":77963,"structure_id":12861,"section_number":"10.1-1307.04","catch_line":"Greenhouse gas emissions inventory","url":"\/10.1-1307.04\/","token":"10.1\/II\/13\/1\/10.1-1307.04","metadata":false},{"id":77934,"structure_id":12861,"section_number":"10.1-1307.05","catch_line":"Low-emissions and zero-emissions vehicle standards","url":"\/10.1-1307.05\/","token":"10.1\/II\/13\/1\/10.1-1307.05","metadata":false},{"id":83663,"structure_id":12861,"section_number":"10.1-1307.1","catch_line":"Department continued; 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This law was first created in 2011. The record of its establishment is cataloged in chapter 393<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":145727,"object_type":"law","relational_id":76943,"identifier":"10.1-1308.01","token":"10.1\/II\/13\/1\/10.1-1308.01","url":"\/10.1-1308.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1308.01\/","token":"10.1\/II\/13\/1\/10.1-1308.01","dublin_core":{"Title":"Qualified fumigation facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1308.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, a “qualified fumigation facility<\/span>” means a facility that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Conducts commodity fumigation using any chemical regulated under Section 112(b) of the federal Clean Air Act of foods, products, components, livestock or materials<\/span> including fumigation subject to regulation by either the U.S. Department<\/span> of Agriculture or the U.S. Food and Drug Administration, or conducts such fumigation as required by other international, federal, or state regulations or requirements; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is not otherwise exempt under regulations of the Board<\/span> for toxic air pollutants; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Has the potential to emit less than 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants regulated by the Board<\/span> pursuant to its regulations in Articles 4 (9VAC5-60-200 et seq.) and 5 (9VAC5-60-300 et seq.) of Chapter 60 (9VAC5-60); or is not otherwise subject to regulation under the provisions of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) related to hazardous air pollutants. For determining potential to emit, “facility” means any building, structure, facility or installation that emits or may emit any regulated air pollutant. A facility shall include all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person<\/span> or persons<\/span> under common control; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Operates in compliance with all federal and state regulations for licensing and operation of fumigation facilities and licensing of fumigant applicators; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Conducts fumigation activities that are, at a minimum, one of the following:\n\t\t\t\ta. Performed in buildings or locations within the facility that are no closer than 300 feet from any building, structure, or area not within the facility if such building, structure, or area is regularly occupied by the public. The conditions in this subdivision may be waived or reduced by the Department<\/span>, in consultation with the Department<\/span> of Agriculture and Consumer Services;\n\t\t\t\tb. Performed in buildings or containers that are sealed<\/span> during fumigation and that voluntarily employ capture and control technologies for the fumigant emissions; or\n\t\t\t\tc. Monitored utilizing equipment and methods recognized by the National Institute for Occupational Safety and Health, or other equipment and methods widely accepted as an industry standard, to ensure the applicable fumigant airborne concentrations referenced in the permissible exposure limits established by the Department<\/span> of Labor and Industry or the parts per million standard stipulated in the federally approved pesticide labeling, whichever is more stringent, is not exceeded at the fence or property line during active fumigation and fumigation aeration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The operator of a qualified fumigation facility<\/span> shall provide to the Department<\/span>, by first-class mail, facsimile, or electronic mail: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A written notice prior to conducting fumigation activity at the facility that shall include:\n\t\t\t\ta. Exact physical location at the facility of the particular fumigation operation and distance from any building, structure, or other area regularly occupied by the public;\n\t\t\t\tb. Object<\/span> being fumigated (e.g. rail car, truck container, warehouse, bin, storage silo, open pallet of product);\n\t\t\t\tc. Product being fumigated;\n\t\t\t\td. Number of objects<\/span> and quantity of product being fumigated;\n\t\t\t\te. Containment system (e.g. tarp, sealed<\/span> container);\n\t\t\t\tf. Fumigant to be used;\n\t\t\t\tg. Expected quantity of fumigant to be used;\n\t\t\t\th. Expected duration of fumigation;\n\t\t\t\ti. Expected duration of aeration;\n\t\t\t\tj. Material<\/span> safety data sheet (MSDS) for fumigant; and\n\t\t\t\tk. A brief<\/span> description of capture and control device, if used pursuant to subdivision A 5 b. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A written report completed within four business days following the completion of the fumigation activity that shall include:\n\t\t\t\ta. Total quantity of fumigant actually used;\n\t\t\t\tb. Actual duration of aeration; and\n\t\t\t\tc. Monitoring results for fumigation operations conducted pursuant to subdivision A 5 c. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to the application of fumigant at the site, a facility shall post visible and legible signs at the facility fence or property line closest to any public right-of-way. The signs shall remain in place until completion of the aeration process and shall conform to the format for placards mandated by the federally approved fumigant label. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In-transit fumigations where the planned aeration is scheduled to occur outside of the Commonwealth are not subject to Board<\/span> regulations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nQUALIFIED FUMIGATION FACILITIES (\u00a7 10.1-1308.01)\n\nA. For the purposes of this section, a “qualified fumigation\nfacility” means a facility that:\n\n 1. Conducts commodity fumigation using any chemical regulated under Section\n 112(b) of the federal Clean Air Act of foods, products, components, livestock\n or materials including fumigation subject to regulation by either the U.S.\n Department of Agriculture or the U.S. Food and Drug Administration, or\n conducts such fumigation as required by other international, federal, or state\n regulations or requirements;\n\n 2. Is not otherwise exempt under regulations of the Board for toxic air\n pollutants;\n\n 3. Has the potential to emit less than 10 tons per year of any hazardous air\n pollutant or 25 tons per year of any combination of hazardous air pollutants\n regulated by the Board pursuant to its regulations in Articles 4 (9VAC5-60-200\n et seq.) and 5 (9VAC5-60-300 et seq.) of Chapter 60 (9VAC5-60); or is not\n otherwise subject to regulation under the provisions of the federal Clean Air\n Act (42 U.S.C. § 7401 et seq.) related to hazardous air pollutants. For\n determining potential to emit, “facility” means any building,\n structure, facility or installation that emits or may emit any regulated air\n pollutant. A facility shall include all of the pollutant-emitting activities\n that belong to the same industrial grouping, are located on one or more\n contiguous or adjacent properties, and are under the control of the same\n person or persons under common control;\n\n 4. Operates in compliance with all federal and state regulations for licensing\n and operation of fumigation facilities and licensing of fumigant applicators;\n and\n\n 5. Conducts fumigation activities that are, at a minimum, one of the\n following:\n \t\t\t\ta. Performed in buildings or locations within the facility that are no\n closer than 300 feet from any building, structure, or area not within the\n facility if such building, structure, or area is regularly occupied by the\n public. The conditions in this subdivision may be waived or reduced by the\n Department, in consultation with the Department of Agriculture and Consumer\n Services;\n \t\t\t\tb. Performed in buildings or containers that are sealed during fumigation\n and that voluntarily employ capture and control technologies for the fumigant\n emissions; or\n \t\t\t\tc. Monitored utilizing equipment and methods recognized by the National\n Institute for Occupational Safety and Health, or other equipment and methods\n widely accepted as an industry standard, to ensure the applicable fumigant\n airborne concentrations referenced in the permissible exposure limits\n established by the Department of Labor and Industry or the parts per million\n standard stipulated in the federally approved pesticide labeling, whichever is\n more stringent, is not exceeded at the fence or property line during active\n fumigation and fumigation aeration.\n\nB. The operator of a qualified fumigation facility shall provide to the\nDepartment, by first-class mail, facsimile, or electronic mail:\n\n 1. A written notice prior to conducting fumigation activity at the facility\n that shall include:\n \t\t\t\ta. Exact physical location at the facility of the particular fumigation\n operation and distance from any building, structure, or other area regularly\n occupied by the public;\n \t\t\t\tb. Object being fumigated (e.g. rail car, truck container, warehouse, bin,\n storage silo, open pallet of product);\n \t\t\t\tc. Product being fumigated;\n \t\t\t\td. Number of objects and quantity of product being fumigated;\n \t\t\t\te. Containment system (e.g. tarp, sealed container);\n \t\t\t\tf. Fumigant to be used;\n \t\t\t\tg. Expected quantity of fumigant to be used;\n \t\t\t\th. Expected duration of fumigation;\n \t\t\t\ti. Expected duration of aeration;\n \t\t\t\tj. Material safety data sheet (MSDS) for fumigant; and\n \t\t\t\tk. A brief description of capture and control device, if used pursuant to\n subdivision A 5 b.\n\n 2. A written report completed within four business days following the\n completion of the fumigation activity that shall include:\n \t\t\t\ta. Total quantity of fumigant actually used;\n \t\t\t\tb. Actual duration of aeration; and\n \t\t\t\tc. Monitoring results for fumigation operations conducted pursuant to\n subdivision A 5 c.\n\nC. Prior to the application of fumigant at the site, a facility shall post\nvisible and legible signs at the facility fence or property line closest to any\npublic right-of-way. The signs shall remain in place until completion of the\naeration process and shall conform to the format for placards mandated by the\nfederally approved fumigant label.\n\nD. In-transit fumigations where the planned aeration is scheduled to occur\noutside of the Commonwealth are not subject to Board regulations.\n\nHISTORY: 2011, c. 393.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}