Nebraska Department of Agriculture

Animal & Plant Health Protection
Plant Health

Interpreting Phosphine Fumigant Labels and Nebraska Law
Questions and Answers

What is a Fumigation Management Plan?
A Fumigation Management Plan (FMP) is a written description of the steps to be taken to plan for a safe, legal, and effective fumigation. Plans can differ greatly, each being specific to the site being treated. Some plans will be fairly simple, others very comprehensive. The elements to be included in a FMP are detailed in section 21 of the Applicator's Manual. A new FMP is not needed for every fumigation of an individual facility if conditions will not vary other than general updates such as temperature and humidity recordings.
Is an FMP required for phosphine fumigations of rodent burrows?
Yes.
How long must a certified applicator in Nebraska keep a copy of the FMP, application, and monitoring records?
The FMP and related documentation, including monitoring records, must be maintained for a minimum of three years.
In Nebraska, who needs to be certified/licensed when using a phosphine fumigant?
By state law, anyone who "uses" a fumigant must be certified and licensed. "Use" includes: opening a product container, applying the product, receiving a vehicle fumigated in-transit, transfer of an unaerated commodity from one in-transit container to another storage site to continue with the fumigation, monitoring when phospshine levels are unknown, aerating while PPE must be worn, and disposal of any spent fumigant. Other than the act of disposal, "use" stops when monitoring by the certified applicator confirms that phosphine levels have dropped below the safety threshold of 0.3 ppm and the space or commodity is cleared.
How is a space or commodity cleared as safe?
The certified applicator must document, in writing, that monitoring has been conducted, that the level of phosphine gas has dropped below the 0.3 ppm threshold, and that aeration has been completed.
In Nebraska, what fumigation tasks do not require State certification but still require a person to be trained by the Applicator Manual?
Tasks performed after the space or commodity is cleared such as:
- Spot monitoring of phosphine levels after the space/commodity is cleared
- Completion of aeration
- Removal of placards
Trained workers must receive refresher training annually and the records of the training must be retained for a minimum of three years.
Does a certified applicator need to be physically present when a person trained by the Applicator Manual performs their duties?
No.
In Nebraska, how many certified applicators must be present to perform a fumigation of a structure when entry into the structure for application of the fumigant is required?
Two.
What is voice contact?
Voice contact may be accomplished by the use of phones or walkie-talkies in a situation where the certified applicators are not working at a visible distance to each other.
Is a separate FMP required for each railcar?
Not necessarily. One plan could be sufficient to include many cars being fumigated at one time. Depending on the application process (how secure the area is, location of the cars, etc.) more than one plan may be necessary.
When does responsibility end for the fumigator of in-transit fumigations?
A certified applicator's responsibility ends when the in-transit fumigated railcar is properly labeled, secured, and made ready for shipment and the consignee of the shipment is notified with the appropriate documents. This means that the receiver (consignee) is responsible for having a certified applicator or trained worker (per State requirements, which do vary) available on-site to receive and process the
in-transit fumigated container.
What is meant by notification and how often must this be done?
The shipper and/or the fumigator must provide written notification to the receiver of railcars, railroad boxcars, shipping containers, and other vehicles which have been fumigated in transit. The purpose of written notification is to ensure that the site receiving the fumigated vehicle is aware of the fumigation and has an adequate program in place to properly receive a fumigated railcar (certified and/or trained personnel, detection equipment, and disposal equipment, etc.). Notification may be in the form of e-mail or facsimile. See question 14 below.
When must a copy of the Applicator's Manual be provided to the receiver of railcars which are fumigated in-transit?
The consignee must receive a copy of the product's Applicator's Manual in addition to written notification. The label does not specify how often notification must occur, whether prior to each fumigation or on an annual basis. Recipients of routine shipments should, at a minimum, receive a copy of the Applicator's Manual annually or whenever the label or manual are revised.
How often must state and local officials be notified of fumigations performed in stationary sites?
For fumigations performed on stationary sites, written notification must be provided to local officials such as the fire and police departments. These officials should be provided with the product's MSDS and the Applicator's Manual. See section 14 of the Applicator's Manual. Consult state and local authorities to determine their needs/requirements.
Is notification required for all fumigations, including burrow?
Yes. In addition, if you are treating rodent burrows on property where inhabited structures are located, the applicator must provide the customer (tenant, homeowner, or property manager) with the product's MSDS and, at a minimum, the appropriate parts of the applicator manual prior to application.
When must phosphine level monitoring be performed and recorded?
Monitoring for safety of workers and bystanders is mandatory and is performed to determine (i) when and where respiratory protection is required; (ii) whether phosphine gas is escaping and is accumulating at unsafe levels in any areas; and (iii) to take proper actions to prevent accidental exposure. Once fumigation has started and gas containment has been adequately characterized, spot checks must be made, especially if conditions change significantly or if an unexpected garlic odor is detected or a change in phosphine concentration outside the fumigation area is detected. Section 15 of the Applicator's Manual addresses safety monitoring. The only exception to monitoring for safety would be a situation where it can be confirmed/concluded by the certified applicator that there is no possibility of exposure to phosphine at or above the allowable limits to workers or bystanders. Monitoring must be done if there is even the slightest possibility of exposure. Exposures to phosphine must not exceed the 8-hour Time Weighted Average (TWA) of 0.3 ppm or the 15-minute Short-Term Exposure Limit (STAL) of 1.0 ppm. Efficacy monitoring is not mandatory per labeling, yet is recommended.

December 2005

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