                                 Attachment H

    Information Activities Collected in the Soil and Non-Soil Fumigants ICR

Users of soil and non-soil fumigants will need to engage in the activities identified in Table 1 and 2, respectively, to assure compliance with fumigant label requirements. Note that compliance with the label-required training is a condition of product use. Because most soil and non-soil fumigants are RUPs, only certified applicators or handlers under their supervision may purchase or use them. Users must comply with pesticide labeling or face civil and criminal penalties pursuant to FIFRA sections 12(a)(2)(G) and 14, and certified applicators may also be sanctioned by suspension or revocation of certification pursuant to 40 CFR 171.7(b)(iii)(A).

Table 1: User (applicators and/or handlers) Activities for Soil Fumigants 
                                     Burden
                                  Description
Understand the requirements

(applicator's responsibility)
Learn/refresh understanding of fumigant requirements applicable to users that are provided on the fumigant product labels, and additional information on these requirements available at http://www.epa.gov/soil-fumigants/what-are-soil-fumigants.  

Posting 

(applicator's or handler's responsibility)
As specified on the product label, obtain signs from product dealers (provided to dealers by registrants); fill in (1) product name, and (2) contact information for the fumigator; place signs at usual points of entry and along likely routes of approach unless a physical barrier (fence, wall) prevents access to the buffer zone; remove signs after buffer zone time period has ended.

Information on buffer zone posting can be found at http://www.epa.gov/soil-fumigants/buffer-zone-fact-sheets. 

Notify State Lead Agencies (SLAs)

(applicator's responsibility)
Applicators must check the EPA fumigant website for a list of states that require notification. If applicable, provide the following to the SLA: contact information for the fumigator and owner/operator; location of the field to be treated; product name and registration number; and when the fumigation is expected to occur.

Information on notification to SLAs can be found at http://www.epa.gov/soil-fumigants/complying-required-state-and-tribal-notification-soil-fumigations
Fumigant Management Plan (FMP) and a post-application summary (PAS) 

(applicator's responsibility)
As specified on the product label, prepare a written FMP for each fumigation to include the following:  information on the site, fumigator, and owner/operator; fumigation procedures; buffer determinations; information on worker protection; procedures for air monitoring, posting, communication among key parties; and record keeping; emergency response plans and procedures for addressing accidental fumigant releases.  

Results of air monitoring for handlers, air monitoring results between buffers and bystanders, as well as any deviations from the FMP must be recorded in a PAS. 

Both documents must be filed and retained by both the certified applicator and the property owner for at least 2 years, and available to disclose to enforcement personnel or handlers participating in the application if requested.  

Information on FMPs can be found at https://www.epa.gov/soil-fumigants/introduction-soil-fumigant-management-plans 
 
Applicator Training

(applicator's responsibility)
Applicators must attend a soil fumigant training program designed by the registrant and approved by EPA to specifically cover the following topics:
how to correctly apply the fumigant, how to protect handlers and bystanders, how to determine buffer zone distances, how to develop an FMP and post-fumigation summary report, how to determine when unfavorable conditions exist, and how to comply with the required GAPs.  

The applicator's participation in the training must be documented in the FMP.  

Information on applicator training can be found at https://www.epa.gov/soil-fumigants/soil-fumigant-training-certified-applicators 
 
Disclosure to Handlers 

(applicator and handler's responsibilities)
Applicators are responsible for disseminating fumigant specific information prior to each fumigation to every handler participating in the application.  

Information on handler information can be found at 
https://www.epa.gov/soil-fumigants/safety-information-fumigant-handlers  
Respiratory Protection and Stop Work Triggers

(applicator and handler's responsibilities)

Required only for methyl bromide and chloropicrin
Monitoring devices and a full-facepiece air-purifying respirator must be used during methyl bromide applications. Handlers can remove full-facepiece air-purifying respirators or resume operations if two consecutive breathing-zone samples taken at the handling site at least 15 min apart show that the levels of methyl bromide have decreased to less than 1 ppm and levels of chloropicrin have decreased to less than 0.15 ppm, provided that handlers do not experience sensory irritation.  If at any time (1) a handler experiences sensory irrigation when wearing a full-facepiece air-purifying respirator, or (2) a methyl bromide air sample is greater then 5 ppm or a chloropicrin air sample is greater than or equal to 1.5 ppm, then all handler activities must cease, and handlers must be removed from the application block and surrounding buffer zone. 


Table 2: User (applicators and/or handlers) Activities for Non-Soil Fumigants
                                    Burden
                                  Description
Safety and awareness training

(applicator, handler, and employee's responsibility)

Required only for ethylene oxide
Safety and awareness training is required for all employees including office staff. Information and training must be provided for all employees in the facility at the time of initial assignment and annually thereafter. The safety training includes:

 Most recent monitored ambient levels in the facility,
 The potential health effects from the levels in the facility,
 The emergency response plan and how to respond in an emergency,
 The availability of the Material Safety Data Sheet and other materials related to the health hazards of exposure.
Understand the requirements

(applicator's responsibility)

Learn/refresh understanding of fumigant requirements applicable to users that are provided on the fumigant product labels. 

Posting

(applicator or handler's responsibility)

As specified posting is required around fumigated areas. Placards may need to include (1) product name, and (2) contact information for the fumigator; place signs at usual points of entry and along likely routes of approach unless a physical barrier (fence, wall) prevents access to the buffer zone; remove signs after buffer zone time period has ended.

Fumigant Management Plan (FMP) 

(applicator's responsibility)

Required only for the following commodity fumigants: 
    sulfuryl fluoride,
    methyl bromide,
    phosphine, aluminum phosphide, and magnesium phosphide,
    propylene oxide,
    sulfur dioxide,

As specified on the product label, prepare a written FMP for each fumigation to include the following as specified on individual product labels:  information on the site, fumigator, and owner/operator; fumigation procedures; buffer determinations; information on worker protection; procedures for air monitoring, posting, communication among key parties; and record keeping; emergency response plans and procedures for addressing accidental fumigant releases.  

FMPs must be filed and retained by both the certified applicator and the property owner, and available to disclose to enforcement personnel or handlers participating in the application if requested.  

Stewardship Training

(applicator's responsibility)

Required only for
    sulfuryl fluoride structural fumigations
Applicators must attend a fumigant stewardship training program designed by the registrant and approved by EPA. 

Registrants of soil and non-soil fumigants will need to engage in the activities identified in Table 3 and 4 in order for their product to remain eligible for registration under FIFRA section 3.  Paperwork burden activities associated with fumigant risk mitigation actions documented in this ICR are separate and distinct from the activities associated with the DCI ICR (OMB Control No. 2070-0174).  The DCI ICR burden activities which acquire data that has been deemed necessary for the Agency's statutorily mandated review of a pesticide's registration, to assess whether the continued registration of an existing pesticide causes an unreasonable adverse effect on human health or the environment and whether the Agency will pursue appropriate regulatory measures is not duplicated in this ICR.

Table 3:  Registrant Activities for Soil Fumigants
                                    Burden
                                  Description
Training:
Develop/update and implement training for fumigators in charge of fumigations

Prepare training materials, develop channels for training fumigators, and design and implement mechanisms for tracking fumigators who successfully complete training.
Update training materials periodically.
Disseminate training materials (either electronically, by paper, or in person).
This may be done by registrants individually, or collaboratively through a soil fumigant registrant task force or group.

Refer to Table 2 of the Supporting statement for information on notification to SLAs which can be found at https://www.epa.gov/soil-fumigants/soil-fumigant-training-certified-applicators  
 
Community Outreach:
Develop/update and implement community outreach and education programs
Design and implement outreach programs to provide communities with information about soil fumigants, buffer zones, early signs of exposure, and what to do in case of an exposure, emergency, or incident; Update community outreach program periodically.

Information on community outreach can be found at https://www.epa.gov/soil-fumigants/community-outreach-and-education-soil-fumigants 

First Responder Training:
Develop/update and implement first responder training
Identify communities in which fumigants are used which do not already have information or training on appropriate response to soil fumigant incidents and develop and incorporate training for first responders into existing programs; Update first responder training periodically.  

Information on first responder training can be found at https://www.epa.gov/soil-fumigants/community-outreach-and-education-soil-fumigants 



Table 4:  Registrant Activities for Non-Soil Fumigants
                                    Burden
                                  Description
Stewardship Training:
Develop/update and implement stewardship training for fumigators in charge of fumigations

Applies only to registrants of:
    sulfuryl fluoride structural products. 
Prepare training materials, develop channels for training fumigators, and design and implement mechanisms for tracking fumigators who successfully complete training.

All registrants much have a documented stewardship program and provide initial and recurrent AI-specific training for fumigators as a condition of sale. The training curriculum and content must be developed by each registrant and must have a tracking system to verify condition of sale, whereby initial training is completed prior to the first sale of the fumigant, and employees undergo Annual Training once per calendar year. 
 


State Lead Agencies (SLAs) may engage in the activities identified in Table 5. Although not required, pesticide SLAs may also provide applicators EPA-approved alternatives to registrant-sponsored training.

Table 5: State Activities for Soil Fumigants Only
                                    Burden
                                  Description
Receive Notice to States
Certain State Lead Agencies (SLAs) require notice prior to soil fumigant applications.  

Refer to Table 2 of the Supporting statement for information on notification to SLAs which can be found at http://www.epa.gov/soil-fumigants/complying-required-state-and-tribal-notification-soil-fumigations  


