Laboring Over Labels
March 1, 2010 The Food Quality Protection Act of 1996 requires EPA to comprehensively re-evaluate all previously registered pesticides to ensure they continue to pose no unreasonable risk to people or the environment. Telone (Dow AgroSciences) was the first soil fumigant to proceed through this process in 1998. To expedite review, EPA decided to re-evaluate the remaining fumigants as a group or cluster. Registrants, users, and the general public were allowed to comment at each step of the six-phase process. The final outcome of this nearly complete process is that all of the currently registered soil fumigants will have new labels appearing this year, which will further restrict and regulate their use. All of these changes arise from the new regulatory criteria contained within and imposed by the Re-registration Eligibility Decisions (RED) for each fumigant (www.epa.gov).
It’s In The Details
The REDs document EPA’s intent to strongly encourage, via label changes, additional worker safety protections and emission reduction strategies, which reduce overall field application rates and atmospheric emissions of fumigants. EPA is allowing registrants to implement the new fumigant use requirements in a step-wise fashion by allowing them to issue new labels in 2010 and 2011, so as to ease the transition to the revised labels. The new labels will clearly define a number of significant regulatory changes, including a requirement for a buffer zone surrounding fumigated fields and site-specific Fumigant Management Plans (FMPs) with Post Application Summaries.
Buffer zones are areas, measured from the field property line, or in some cases an occupied structure, where fumigants cannot be applied. Although not as large as formerly projected by EPA, buffer zones of 25 to 125 feet are expected for most uses. When these rules take effect in 2011, buffer-zone distances will be determined by many factors, including field specific fumigant application rates (pounds per acre), acreage treated per day (acres/day), and whether gas impermeable plastic mulches and/or Good Agricultural Practices (GAPs) are used to reduce fumigant emissions from soil.
Be Prepared
All of the new fumigant labels will require each applicator to ensure that a site-specific FMP has been prepared before beginning application on any given day. The applicator also will be required to complete a daily checklist and prepare a post application summary report to document any deviations from the FMP, as well as results of any required air monitoring. These FMPs are designed to reduce potential risks to people living or working nearby, including field workers, by requiring applicators to carefully plan each day’s activities and document (in writing) procedures for compliance with the new labels.
A partial list of some of the major elements within the FMP include general site and applicator information, application method, tarp type and repair procedures, weather and soil conditions, and a description of plans to comply with label requirements for GAPs, buffer zones, air monitoring, worker training and protective equipment, posting of signage, and notification of neighbors, should it be needed. The names and addresses of participating handlers, plans for communication between the applicator and others involved in the fumigation, and documentation of emergency management procedures will be required in writing prior to application.
Additionally, applicators will be required to complete a post-fumigation summary describing any deviations from the FMP, measurements taken to comply with GAPs, and information about any problems, such as complaints or incidents, that occurred as a result of the fumigation.
FMPs must be archived for two years and they must be provided, upon request, to enforcement officials and handlers involved in the fumigation. Other noteworthy fumigant label changes mandated by EPA include requirements for medical certification, safety training, and fit testing of workers to satisfy EPA respirator requirements when and if needed in the field.
If neighbors are not notified of the pending fumigation, the certified applicator also will be required to monitor for pungent odors of fumigant gases in areas between the buffer zone perimeter and residences or other occupied areas four times during the day (dawn, dusk, and once during the night and day) to ensure perceived odors do not exceed the action levels requiring enforcement of emergency procedures and notification of neighboring landowners.
Adjustment Period
Clearly, the new fumigant labels will represent a significant change in the growers’ operating procedures. The requirement to develop and implement these plans will be complex in nature and time consuming, adding an increase in grower responsibility and liability. For the grower and applicator, fumigant use will require stricter adherence to fumigant labels and GAPs.
Product stewardship and worker safety certification programs will be part of the future, as well as greater consideration for nearby inhabitants and their environment. These new requirements will demand an increased focus on clerical and communication skills by farm personnel, including a system of documenting, training, and certifying new workers who participate in soil fumigation activities.
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