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Posting Fact Sheet
Current as of September 12, 2008
EPA is requiring important new safety measures for soil fumigant pesticides. This fact sheet summarizes new requirements for posting buffer zones around fumigated fields. Buffers zones will help protect agricultural workers and bystanders - people who live, work, or otherwise spend time near fields that are fumigated. It is important that bystanders stay out of buffer zones. When new fumigant labels appear in the market place around 2010, in some situations fumigant users will need to post buffer zones to help make sure people know where buffer zones are and stay out.
Due to their volatile nature, soil fumigants have the potential to pose risk concerns to people involved in the application (handlers), workers who re-enter fumigated fields (workers), and people who may be near the treated area (bystanders). EPA's Reregistration Eligibility Decisions (REDs) for the fumigants chloropicrin, dazomet, metam sodium/potassium, and methyl bromide include a suite of measures designed to work together to reduce exposures, enhance safety, and facilitate compliance and enforcement. These measures include:
- worker protections
- fumigant management plans
- stewardship and training programs
- good agricultural practices
- buffer zones
- posting requirements
- emergency preparedness and response measures
EPA is accepting public comment until October 30, 2008, on implementation of the risk mitigation measures in the soil fumigant REDs. For additional information, please see the Agency's August 29, 2008, and July 16, 2008, Federal Register notices announcing these decisions, and Web page on risk mitigation measures for the soil fumigants.
New Requirements for Posting Buffer Zones
Current soil fumigant labels require treated areas to be posted, and handlers are required to wear specific personal protective equipment when they are in a treated area. For buffer zones to be effective risk mitigation, bystanders need to be informed of the location and timing of the buffer to ensure they do not enter areas designated as part of the buffer zone. EPA has determined that to ensure the protectiveness of buffers, the perimeter of the fumigant buffer zones must be posted as described below and in the example.
- Posting of a buffer zone is required except when one of the following conditions exists:
- a physical barrier that is reasonably likely to prevent bystander access to the buffer zone (e.g., a fence or wall) separates the edge of the buffer zone from bystander access; OR
- the area within 300 feet of the edge of the buffer zone is controlled by the application block owner/operator. That is, if land under someone else's control is within 300 feet from the edge of the buffer zone, the buffer zone must be posted.
A buffer within 300 feet of an area that includes worker housing must be posted even if the area is under the control of the land owner/operator.
Posting Example
The following example clarifies the buffer zone posting requirements.
Diamond Houses = Structure within 300 feet of the buffer zone edge. Yellow Dots = posted signs |
- The buffer zone is 125 feet.
- The structures with a diamond pattern are (1) within 300 feet of the edge of the buffer zone, and (2) there is no physical barrier between the two structures and the buffer zone, and (3) the land operator does not control these structures. Posting along the east side of the buffer zone, therefore, is necessary.
- Although the property operator's building (striped building) is within 100 feet of the edge of the buffer zone, since it is controlled by the property operator, no posting of the buffer zone is necessary here.
- There is a road within 100 feet of the edge of the buffer zone. Since there is a possibility of people from the road entering the buffer zone area, the buffer zone needs to be posted in the northwest corner.
Additional Posting Requirements
- Buffer zone posting signs must:
- Be placed at all usual points of entry and along likely routes of approach from areas where people not under the land operator's control may approach the buffer zone.
- When there are no usual points of entry, be posted in the corners of the buffer zone, between the corners of the buffer zone, and along sides so that one sign can be viewed (not read) from the previous one. Some examples of points of entry include, but are not limited to, roadways, sidewalks, paths, and bike trails.
- The printed side of the sign must face away from the treated area toward areas from which people could approach.
- Signs must remain legible during the entire posting period
- Signs must be posted before the application begins and remain posted until the buffer zone period has expired.
- Signs must be removed within three days after the end of the buffer zone period.
Exception: If multiple contiguous blocks are fumigated within a 14-day period, the entire periphery of the contiguous blocks' buffer zones may be posted. The signs must remain posted until the last buffer zone period expires and signs may remain posted until three days after the buffer zone period for the last block has expired.
Contents of Signs
Signs must meet the general standards outlined in the Worker Protection Standard (WPS) for text size and legibility (see 40 CFR §170.120). Registrants must provide generic buffer zone posting signs that meet these criteria at points of sale for applicators to use.
The treated area sign (currently required for fumigants) must state the following: -- Skull and crossbones symbol
-- "DANGER/PELIGRO," -- "Area under fumigation, DO NOT ENTER/NO ENTRE," -- "[Name of fumigant] Fumigant in USE," -- the date and time of fumigation, -- the date and time entry prohibition is lifted -- Name of this product, and -- name, address, and telephone number of the certified applicator in charge of the fumigation. |
The buffer zone sign must include the following: -- Do not walk sign
-- "DO NOT ENTER/NO ENTRE," -- "[Name of fumigant] Fumigant BUFFER ZONE," -- the date and time of fumigation, -- the date and time buffer zone restrictions are lifted (i.e., buffer zone period expires) -- Name and EPA registration number of the product applied, and -- name, address, and telephone number of the certified applicator in charge of the fumigation |
