Office of Pesticide Programs (7506P)    March 2012    EPA 735-F-12-005
%yCriT\   Soil Fumigant Mitigation Factsheet:
     United States                                A   A
     Environmental Protection   | |T| DI Gm GH1311 OI
                         Implementation  Schedule
           EPA is requiring important new safety measures for soil fumigant pesticides to increase
    protections for agricultural workers and bystanders - people who live, work, or otherwise spend
    time near fields that are fumigated. These measures are for the soil fumigants chloropicrin, dazomet,
    metam sodium/potassium, and methyl bromide.
           This fact sheet summarizes the soil fumigant product label changes that are going into effect
    during each of two phases.  For detailed information on these new requirements for soil fumigants,
    visit EPA's Soil Fumigant Toolbox,
     Phase 1 Changes
   That Went Into Effect
    December 31, 2010
                               Phase 1 Changes that Went Into Effect December 31, 2010:
                               Agricultural Worker Protection: Persons engaged in any of a number of
                               activities that are part of the fumigation process are considered "handlers."
                               New restrictions address respiratory protection, tarp handling and an entry-
                               restricted period.

                               Handler Training Information: Labels require fumigant registrants to develop
                               and disseminate training information and materials for fumigant handlers
                               (those working under the supervision of the certified applicator in charge of

                               Good Agricultural Practices: Many good agricultural practices recommended
                               on older fumigant labels became mandatory on the new labels to minimize
                               inhalation and other risks from fumigant applications. Examples of good
                               agricultural practices include proper soil preparation/tilling, ensuring optimal
                               soil moisture and temperature, and appropriate use of sealing techniques.

                               Application Method. Practice and Rate Restrictions: Labels restrict certain
                               fumigant application methods that lead to risks that are difficult to address.
                               These include  certain untarped applications for some fumigants. The label
                               also lowers the maximum application rate, thereby reducing the potential for
                               inhalation exposure and risk.

                               Restricted Use Pesticide Classification: EPA determined that all of the
                               soil fumigants undergoing reregi strati on meet the criteria for restricted
                               use. Therefore, EPA has reclassified metam sodium/potassium and dazomet,
                               which had not been restricted, as restricted use pesticides.

                               Site-Specific Fumigant Management Plans (Partial): Labels require fumigant
                               users to prepare a written, site-specific fumigant management plan (FMP)
                               before fumigations begin. In Phase 1, FMPs do not need to address any of
                               the requirements that go into effect during Phase 2. These written plans will
                               help prevent accidents and misuse, and will capture steps to take in case an
                               accident occurs. EPA is developing FMP templates for each fumigant.
Soil Fumigant Mitigation: Implementation Schedule

   Phase 2 Changes that      Phase 2 Changes that Go into Effect December 1, 2012:
   Go Into Effect in Late       Buffer zones: New labels will require fumigant users to establish a buffer zone
             2072                around treated fields to reduce risks from acute inhalation exposure to bystanders.
                                  Buffer zone distances are scenario-based using applicable site conditions, and will
                                  be provided in look-up tables on product labels. EPA is also giving "credits" to
                                  encourage users to employ practices that reduce emissions (for example, use of
                                  high-barrier tarps). Credits will reduce buffer distances. Some credits will also be
                                  available for site conditions that reduce emissions (e.g., high organic or clay content
                                  of soils).

                                  Posting requirements: For buffer zones to be effective, bystanders need to be
                                  informed about the location and timing of fumigations. New labels will require
                                  buffer zones be posted at usual points of entry and along likely routes  of approach
                                  to the buffer unless a physical barrier prevents access to the buffer. The signs must
                                  include a "do not walk" symbol, fumigant product name, and contact information
                                  for the fumigator.

                                  Site-Specific Fumigant Management Plans (Complete): In addition to  the FMP
                                  requirements listed above, FMPs will need to include those requirements that go
                                  into effect in Phase 2.

                                  Emergency Preparedness and Response Requirements: New labels will require
                                  registrants to provide information to first responders in high fumigant  use areas. In
                                  addition, EPA is requiring site-specific measures in areas where bystanders may be
                                  close to fumigant buffer zones. Fumigators may choose either to monitor the buffer
                                  perimeter or to provide emergency response information directly to neighbors.
                                         If the applicator chooses to monitor, the emergency response plan stated
                                          in the FMP must be implemented if the person monitoring experiences
                                          sensory irritation or if air concentrations reach action levels on labels. This
                                          monitoring must be done four times per day during the buffer zone period
                                          at times when the greatest potential exists for fumigants to move off-site.
                                         If the applicator chooses instead to provide emergency response
                                          information directly to neighbors, the certified applicator supervising the
                                          fumigation must ensure that nearby residents and business owners/operators
                                          have been provided the response information at least one week prior to the
                                          fumigant application. The method for distributing information to neighbors
                                          must be described in the FMP.

                                  Applicator Training Programs: EPA has required fumigant registrants to develop
                                  and implement training programs for certified applicators in charge of soil

                                  Information for Handlers. Communities, and First Responders:  EPA has required
                                  fumigant registrants to develop and disseminate safety information for fumigant
                                  handlers (those working under the supervision of the certified applicator in charge
                                  of the fumigations). EPA has also required fumigant registrants to develop and
                                  implement community outreach programs and information for first responders to
                                  ensure that information about fumigants and safety is available within communities
                                  where soil fumigation occurs.

                                  Compliance Assistance and Assurance Measures: In states that require notification
                                  of fumigant applications,  applicators must notify State and Tribal Lead Agencies
                                  for pesticide enforcement about fumigant applications  they plan to conduct. This
                                  information will aid those states in planning compliance assistance and assurance

Soil Fumigant Mitigation: Implementation Schedule                                                                         2