[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Proposed Rules]
[Pages 21955-21960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10875]
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 /
Proposed Rules
[[Page 21955]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 170
[OPP-250101A; FRL-4950-4]
Exception to Worker Protection Standard Early Entry Restrictions
for Limited Contact Activities
Agency: Environmental Protection Agency (EPA).
Action: Administrative exception decision.
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SUMMARY: EPA is granting an administrative exception to the 1992 Worker
Protection Standard (WPS) allowing early entry into pesticide treated
areas to perform certain limited contact activities. The exception is
in response to a petition that the Agency received from many
organizations in the agricultural community. This exception allows
workers to perform tasks, which if delayed would result in significant
economic loss, and that result in minimal contact with pesticide-
treated surfaces, for up to 8 hours per 24-hour period during a
restricted entry interval. EPA is granting this exception because it
believes the benefits of this exception outweigh any resulting risks
and the potential risk from this exception is not unreasonable.
EFFECTIVE DATE: May 3, 1995.
ADDRESSES: The Agency invites any interested person who has concerns
about the implementation of this action to submit written comments
identified by docket number ``OPP-250101A'' to: By mail: Public
Response and Program Resources Branch, Field Operations Division
(7506C), Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. In person, bring comments to: Rm. 1132, Crystal Mall #2, 1921
Jefferson Davis Highway, Arlington, VA 22202.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: opp-docket@epamail.epa.gov. Electronic
comments must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comments and data will also be
accepted on disks in WordPerfect in 5.1 file format or ASCII file
format. All comments and data in electronic form must be identified by
the docket number ``OPP-250101A.'' No Confidential Business Information
(CBI) should be submitted through e-mail. Electronic comments on this
document may be filed online at many Federal Depository Libraries.
Additional information on electronic submissions can be found in Unit
VIII of this document.
Information submitted as a comment concerning this document may be
claimed confidential by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. A copy of the comment that
does not contain CBI must be submitted for inclusion in the public
record. Information not marked confidential may be disclosed publicly
by EPA without prior notice. All written comments will be available for
public inspection in Rm. 1132 at the Virginia address given above from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Linda Strauss or Joshua First, Office
of Pesticide Programs (7506C), Environmental Protection Agency, 401 M
Street, SW., Washington, DC 20460. Office location, telephone number
and e-mail: 1921 Jefferson Davis Highway, Crystal Mall 2, room 1121,
Arlington, VA 22202, (703) 305-7371, strauss.linda@epamail.epa.gov or
first.josh@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: This is one of a series of Agency actions to
revise elements of the WPS. These actions were published on January 11,
1995 (60 FR 2820), and proposed to:
(1) Shorten the time periods before which employers must train
workers and retrain workers and handlers in pesticide safety.
(2) Exempt those who perform crop advising tasks from certain
requirements.
(3) Allow early entry to pesticide treated areas to perform certain
time-sensitive irrigation activities.
(4) Allow early entry to pesticide treated areas to perform certain
time-sensitive activities resulting in ``limited contact'' with
pesticide treated surfaces.
(5) Allow workers to enter areas treated with certain lower risk
pesticides after 4 hours rather than 12 hours.
This action addresses allowing early entry to pesticide treated areas
to perform certain time-sensitive limited contact activities. Final
determinations on the other four actions mentioned above are being
published at the same time as this action.
I. Background
On August 21, 1992, EPA issued a final rule (57 FR 38102) revising
the Worker Protection Standard (WPS) for agricultural pesticides (40
CFR part 170). The WPS prohibits routine entry by workers into
pesticide treated areas during restricted-entry intervals (REIs). An
REI is the time after the end of a pesticide application during which
entry into the treated area is restricted. Section 170.112(e) of the
WPS provides a process for considering exceptions to this prohibition
against early entry into treated areas.
In July 1994, EPA was petitioned by a coalition of agricultural
organizations to allow individuals to perform tasks involving limited
contact with treated surfaces in pesticide treated areas before the
expiration of the REI.
EPA considered the petition, held several work sessions with the
National Association of State Departments of Agriculture and other co-
signers of the petition exploring the need for and scope of limited
contact tasks, and proposed granting a nationwide exception for limited
contact activities. EPA solicited comments on the proposed exception
and received comments supporting and opposing the proposed exception.
Information received during the public comment period persuaded EPA
that there could be significant economic impacts if certain limited
contact tasks were prohibited during the REI.
A. WPS Early Entry Restrictions
In general, the WPS prohibits agricultural workers from entering a
pesticide-treated area during the REI. REIs are based on the toxicity
of the active ingredient in the product, and other factors. They are
specified on the pesticide product label and typically range from 12 to
72 hours or possibly longer where product-specific REIs have been
determined.
Additionally, workers engaging in early entry work are not
permitted to engage in hand labor, which results in substantial contact
with treated surfaces. The WPS defines hand labor as any agricultural
activity performed by hand or with hand tools that causes a worker to
have substantial contact with surfaces (such as plants or soil) that
may contain pesticide residues.
B. Exceptions to Early Entry Restrictions
Currently, the WPS contains the following exceptions to the general
prohibition against worker early entry: Entry resulting in no contact
with treated areas; entry allowing short-term tasks to be performed
with PPE and other conditions; entry to perform tasks associated with
agricultural emergencies; and an exception process for EPA to determine
on a case-by-case basis whether entry is warranted for activities not
covered in the previous exceptions. [[Page 21956]]
II. EPA's Exception Decision
EPA is granting an exception to the early-entry prohibition to
allow limited contact tasks to be performed. This decision is based on
the information submitted in comments and EPA's experience over many
years of reviewing agricultural practices in connection with pesticide
use. EPA has concluded that this exception appropriately balances the
potential risk of worker exposure and the significant economic impact
which could be incurred if growers are not allowed to perform these
necessary tasks. The exception is designed to minimize risk to workers
conducting early-entry ``limited contact tasks'' while providing
growers the needed flexibility to perform these tasks.
EPA has reviewed information on the risks and benefits associated
with granting an exception for necessary limited contact activities and
believes that the benefits outweigh the risks. This assessment is based
on EPA's evaluation of the risk reduction provided by the provisions
contained in this exception and the benefits which may be obtained by
allowing the exception. Furthermore, where the benefits outweighed the
risks, EPA, in the context of the WPS, has previously made exceptions
to the general prohibition against early entry, even for hand labor
activities. (See Hand Labor Tasks on Cut Flowers and Ferns Exception at
57 FR 38175, August 21, 1992). Because hand labor as defined in the WPS
involves substantial worker contact with surfaces that may contain
pesticide residues, and this exception is restricted to limited contact
tasks where workers' contact with treated surfaces would be minimal and
limited to the workers' feet, lower legs, hands, and forearms, EPA
believes that pesticide exposure to workers performing limited contact
tasks under the terms of this exception would be less than exposures to
workers performing hand labor tasks in the same treated area.
Therefore, EPA believes that early entry under the terms of the
exception (see Unit IV of this document), will not pose unreasonable
risk to workers performing limited contact tasks.
The category of activity envisioned by this exception includes only
those ``limited contact tasks'' which cannot be delayed until the
expiration of the REI. The definition of a task that cannot be delayed
is one that, if not performed before the expiration of the REI, would
cause significant economic loss and where there are no alternative
practices which would prevent the loss. By this definition, EPA has
defined the category of permissible tasks, with significant limits on
the type and duration of activity, and the economic circumstances under
which the exception can be applied. Taken together, these elements
limit the exception to only high-benefit activities.
Further, EPA has included significant provisions which will limit
pesticide exposure and risk to employees performing ``limited contact
tasks.'' This exception specifically: prohibits hand labor activity;
prohibits entry into a treated area during the first 4 hours after a
pesticide application and until applicable ventilation criteria and any
label-specified inhalation exposure level have been met; limits the
time in treated areas under a restricted entry interval for any worker
to 8 hours in any 24-hour period; requires that any contact with
treated areas by a worker be minimal and limited to feet, lower legs,
hands, and forearms; excludes pesticides requiring ``double
notification''; requires PPE; directs the agricultural employer to
notify workers of specific information concerning the exception; and
ensures that the requirements of Sec. 170.112 (c)(3) through (c)(9) are
met. These terms will limit worker exposure and, consequently, worker
risk.
The WPS's general prohibition against early entry is designed to
limit worker exposure during the critical restricted-entry interval. In
granting this exception, EPA has weighed the risk to workers against
the benefits to be gained from early entry to perform ``limited contact
tasks'' and finds justification for this exception. EPA believes that
this exception adequately addresses and balances worker exposure
concerns with the commercial needs of agriculture.
III. Summary of Major Issues
EPA received over 80 comments on the proposed exception. Comments
were received from State agencies, grower groups, farm worker groups,
and individuals.
A. Need for Exception
Comments received primarily from growers noted the need for the
exception in order to add flexibility and practicality to the WPS, and
thereby help ensure grower compliance. Without this exception, growers
projected reduced production due to the inability to perform various
tasks which would involve minimal contact with surfaces containing
pesticide residues but which would need to occur during times where
early entry was prohibited. Growers provided examples of situations
that would require early entry to perform limited contact tasks such
as: Opening windows or vents from the inside of a greenhouse, replacing
electrical fuses for pumps, unloading beehives for pollinating crops,
placing small equipment (e.g., weather monitoring stations) in fields,
performing frost protection measures, removing equipment, and removing
livestock from crop areas.
Most comments opposing the exception identified risk to workers as
a primary concern. These comments noted the existence of exceptions to
early entry in the 1992 WPS and questioned the need for this exception,
as well as the ability to properly interpret and enforce the exception.
EPA remains concerned about worker risk during the restricted-entry
interval. Additionally, EPA continues to be concerned that even PPE,
decontamination supplies, and training may not adequately reduce the
risk to workers if an unlimited time is allowed in an area under an
REI.
EPA provided the existing WPS early entry exceptions to address
short term, time-sensitive, critical, emergency situations. EPA
continues to believe that entry to perform routine tasks, particularly
hand labor tasks such as harvesting, is rarely needed, especially when
the REI is 72 hours or less.
While the existing WPS exceptions cover most unanticipated
circumstances necessitating early entry, EPA believes there may be a
few occasions when the existing exceptions do not provide the
flexibility to deal with non-routine, non-hand labor tasks for more
than the one hour that is provided in the short-term entry exceptions.
This exception is designed to address such situations, but EPA expects
that it will rarely be needed.
EPA believes that the entry requirements set out in this exception
acceptably reduces worker contact with pesticide treated surfaces by
limiting the duration of the contact; by limiting contact to feet,
lower legs, hands, and forearms; by requiring PPE to protect the worker
from the treated surfaces; by not allowing hand labor activities, as
defined by the WPS, to be performed, as well as by other conditions.
B. Definition of Limited Contact Task
Most comments supported the EPA definition of limited contact in
the proposal. Some comments, however, suggest expanding the scope to
include hand labor tasks and removing the condition that tasks must be
those that cannot be delayed until after the REI.
EPA believes that the exclusion of hand labor is critical to
eliminate specific tasks that could result in greater exposure and
unacceptable risk. Excluding hand labor tasks from the
[[Page 21957]] definition of ``limited contact task'' will eliminate
specific tasks that could result in greater exposure. EPA determined
that hand labor tasks could not be performed with limited contact. The
WPS defines hand labor as any agricultural activity performed by hand
or with hand tools that causes a worker to have substantial contact
with surfaces (such as plants, plant parts, or soil) that may contain
pesticide residues. Allowing hand labor tasks would result in more
frequent and longer periods of worker entry into the field. Generally,
a worker performing hand labor is likely to have near-constant exposure
to plant foliage, plant stems, and soil and therefore, higher exposure
to pesticide residues. Therefore the Agency has limited the exception
to non-hand labor tasks that are performed by workers that result in
minimal contact with treated surfaces (including but not limited to
soil, water, surfaces of plants, and equipment), and where such contact
with treated surfaces is limited to the forearms, hands, lower legs,
and feet.
To establish offsetting benefits to balance the potential risk to
workers from early entry for ``limited contact tasks,'' EPA is
requiring that the limited contact task must be one that ``cannot be
delayed until after the expiration of the restricted entry interval''
and, therefore, would constitute a significant economic loss if not
undertaken. The Agency wishes to limit entry in the treated area during
the REI and therefore is restricting entry to necessary tasks that
cannot be delayed until the expiration of the REI.
C. Two Year Expiration Date
Under the proposal, this exception would have expired 24 months
after the implementation date. Most comments were opposed to an
expiration date and stated that 2 years was not sufficient time to
gather data concerning any documented increase in poisoning incidents.
Several comments were in favor of the two-year expiration as a period
to be used to monitor the need for further restriction if necessary.
EPA believes that the two-year time period would not provide
adequate time for EPA to evaluate the impact of the exception. In
general, changes in pesticide use practices do not occur suddenly, and
there is often a lag time in reporting and analysis of incident data.
Therefore, EPA expects it might be several years before data would be
available to evaluate the impact of this exception. Therefore, EPA has
decided to remove the 24-month expiration. EPA, of course, may use the
procedure in Sec. 170.112(e)(6) to revoke the exception at any time
that data become available indicating that such action is necessary.
D. Personal Protective Equipment (PPE)
The Agency has concluded that a generic set of PPE, consisting of
coveralls, chemical-resistant gloves and footwear, and socks, should be
required for this exception. Several comments requested modifications
to this requirement, including removing the requirement for coveralls,
substituting long sleeve shirts and long pants for coveralls to avoid
the effects of heat stress, making PPE optional, and tailoring PPE
requirements to the size of the plant.
Several comments disagreed with eliminating protective eyewear,
given that workers will be in recently-treated areas and that residues
on workers' hands and gloves can be transferred to the eyes. A number
of comments stated that workers should always use label PPE.
EPA is convinced that the use of coveralls, chemical-resistant
gloves and footwear, and socks is appropriate for limited contact
tasks. Given the nature and range of tasks permitted under this
exception EPA has concluded that coveralls are more appropriate than
long-sleeved shirts and long pants.
While the terms of the exception require that contact be limited to
feet, lower legs, hands, and forearms, EPA believes that incidental,
unintended, or unanticipated exposure to other parts of the body
besides the lower legs, feet, forearms and hands may be possible and
thus, is requiring coveralls as part of the generic PPE. The WPS
requires that all PPE, which includes coveralls, be properly cleaned
and maintained by agricultural employers. This PPE maintenance includes
cleaning according to manufacturer's instructions. In the absence of
these instructions, the PPE must be washed thoroughly in detergent and
hot water. The PPE must also be inspected for leaks, holes, tears, or
worn places before each day of use.
EPA has carefully considered comments supporting required eyewear
and reviewed information in its possession that indicates a relatively
low incidence of eye injuries to field workers by pesticides. EPA has
concluded that rather than create a universal standard for eyewear to
be used under the limited contact exception, the use of protective
eyewear should be consistent with the early-entry PPE requirement on
the labeling. Where eyewear is required on the label for early entry,
it is also required for this exception.
In response to concerns regarding heat stress from wearing PPE, EPA
has included in the exception a requirement that the agricultural
employer assure that no worker is allowed or directed to perform the
early-entry activity without implementing, when appropriate, measures
to prevent heat-related illness. See Unit V.(7) of this document.
E. Time Allowed in the Treated Area During an REI
The Agency requested comments on the proposal to allow up to 3
hours allowable time to perform limited contact tasks during the REI,
but for reasons outlined in this action has decided to allow no more
than 8 hours of limited contact activity in a 24-hour period during an
REI. Most of the comments requested an unlimited time be allowed for
limited contact activities.
Some comments stated that the proposed time limit does not provide
the needed flexibility in performing tasks, given the unpredictable and
variable nature of farming and the necessity to perform certain tasks.
Some comments stated further that without sufficient time, workers
might feel pressured to work faster to complete the task, which could
lead to safety risks, heat stress and exhaustion. In addition, several
comments also stated that the proposed time limit would be difficult to
enforce. Finally, several comments supported the proposed time limit
for limited contact activities during the REI.
EPA has concluded that up to 8 hours in a 24-hour period in the
treated area is sufficient time to perform almost all limited contact
tasks. The Agency recognizes that, due to the vagaries of weather, pest
populations, etc., unforeseen exigencies frequently occur in
agriculture. These circumstances may necessitate more than the one-hour
time limit currently allowed in the existing early entry exception. If
limited contact activities can be completed in less than 8 hours, the
exception does not authorize workers to remain in the treated areas to
perform tasks that do not meet all of the conditions of the exception.
EPA concludes that early entry will not result in unreasonable
risks to workers performing limited contact tasks, given that the
allowable tasks are confined to those tasks that cannot be delayed
until after the REI expires, that hand labor tasks are not permissible,
and the exception does not apply where ``double notification''
pesticides have been applied. When workers do enter fields, exposure
will be limited because of:
(1) The definition of the tasks. [[Page 21958]]
(2) Entry is prohibited for the first 4 hours after a pesticide
application and until ventilation criteria and inhalation exposure
levels are met.
(3) PPE must be provided and.
(4) The workers must be informed of the safety information on the
product labeling.
The Agency recognizes that a time limit for limited contact tasks
will be more difficult to enforce than universally prohibiting workers
from entering the treated area under any conditions. EPA contends,
however, that in this case, administrative ease must be balanced
against the agricultural industry's need to cope with critical needs.
F. Exclusion of Double-Notification Pesticides
Entry into areas treated with pesticides requiring ``double
notification'' is not allowed under the terms of this exception. The
``double notification'' provision relates to pesticides that are highly
toxic, dermally irritating, or have other health effects that set them
apart from other pesticides and requires growers to both post the
treated area and orally notify workers of the application.
Several commenters opposing the exclusion of double-notification
pesticides asserted that the same tasks are necessary for crops treated
with these pesticides; they said they believed the risks would be low
since workers would have only ``minimal contact with treated
surfaces,'' and that PPE would provide adequate protection. Other
alternatives proposed included: Allowing entry to fields based on the
height of the crop or on the nature of the task, rather than on the
toxicity of the pesticide, and reducing the maximum time allowed in
fields treated with double notification pesticides.
Another commenter stated that other hazardous pesticides as well as
ones posing chronic risk have not been subjected to the double
notification requirement and are, therefore, still included under this
exception.
The Agency is convinced that allowing workers to enter a field
treated with a double-notification pesticide before the expiration of
the REI would pose an unreasonable risk. Incidental exposure to double-
notification and other highly toxic pesticides, such as brushing
against a treated surface, more than with other pesticides, has the
potential to cause an acute illness or a delayed effect. There are
reports of acute poisonings which have occurred after short-term
exposure to many of these highly toxic pesticides. Thus, shortening the
period allowed for early entry may still not provide adequate
protection. EPA has data demonstrating that the majority of pesticides
requiring double-notification are responsible for many reported
incidents of worker poisonings. The Agency is prohibiting early entry
during the REI to fields treated with pesticide products which require
both the posting of treated areas and oral notification to workers
(i.e. double-notification).
EPA acknowledges the concern raised by commenters that exclusion of
double notification pesticides may not guarantee that all hazardous
chemicals are excluded from use under this exception. EPA believes it
has excluded a group of pesticides known to be responsible for many
poisoning incidents because of their acute toxicity. The Agency
believes that worker exposure to other pesticides has been addressed by
the stringent terms of this exception.
IV. Definitions and Examples
A. Definitions
This exception defines a ``limited contact task'' as follows:
A limited contact task is a non-hand labor task performed by
workers that results in minimal contact with treated surfaces
(including but not limited to soil, water, surfaces of plants, and
equipment), and where such contact with treated surfaces is limited
to the forearms, hands, lower legs, and feet.
This exception specifically prohibits hand labor activity, as
defined by the WPS. The WPS defines ``hand labor'' as follows:
Any agricultural activity performed by hand or with hand tools
that causes a worker to have significant contact with surfaces (such
as plants, plant parts, or soil) that may contain pesticide
residues.
B. Examples
Examples of possible limited contact tasks that might qualify for
the exception include, but are not limited to: The operation and repair
of weather monitoring and frost protection equipment; the repair of
greenhouse heating, air conditioning, and ventilation equipment; the
repair of non-application field equipment; the maintenance and moving
of beehives.
Examples of hand labor activity that is specifically prohibited
include, but are not limited to: Harvesting; detasseling; thinning;
weeding; caning; girdling; topping; planting; sucker removal; pruning;
disbudding; roguing; packing produce into containers in the field.
Hand labor does not include operating, moving, or repairing
irrigation or watering equipment or performing the tasks of crop
advisors. Hand labor tasks involve substantial contact and have a
potential for high exposure.
V. Terms of the Exception
The exception described in this Notice may be used unless early
entry is expressly prohibited in product labeling. For example, some
labels prohibit entry -- including entry that would otherwise be
permitted under the WPS and this exception -- by any person other than
trained and equipped handlers performing handling tasks for specified
periods after the application. It should be noted that because this
exception allows tasks to be performed during the REI, all persons
engaged in irrigation tasks permitted under this exception must be
trained.
Under this exception, a trained worker may enter a treated area
during a restricted entry interval to perform a limited contact task if
the agricultural employer ensures that the following requirements are
met:
(1) The need for the task could not have been foreseen and cannot
be delayed until after the expiration of the REI. A task that cannot be
delayed is one that, if not performed before the REI expires, would
cause significant economic loss, and there are no alternative tasks
which would prevent significant loss.
(2) No hand labor activity is performed. (The WPS defines ``hand
labor'' as any agricultural activity performed by hand or with hand
tools that causes a worker to have substantial contact with surfaces
(such as plants, plant parts, or soil) that may contain pesticide
residues.)
(3) The worker's only contact with treated surfaces (including but
not limited to soil, water, surfaces of plants, crops), is minimal and
is limited to feet, lower legs, hands, and forearms.
(4) The personal protective equipment for early entry must be
provided to the worker by the agricultural employer for all tasks. Such
personal protective equipment shall either: (a) Conform with the label
requirements for early entry PPE; or (b) consist of coveralls,
chemical-resistant gloves, socks, and chemical-resistant footwear, and
eyewear (if eyewear is required for early entry PPE by the product
labeling). In either case, the PPE must conform to the standards set
out in Sec. 170.112(c)(4)(i) through (c)(4)(x).
(5) The pesticide product does not have a statement in the
pesticide product labeling requiring both the posting of treated areas
and oral notification to workers (``double
[[Page 21959]] notification''), or a restriction prohibiting any
person, other than an appropriately trained and equipped handler, from
entering during the restricted entry interval.
(6) The time in treated areas under a restricted entry interval for
any worker does not exceed a maximum of 8 hours in any 24-hour period.
(7) For all limited contact tasks, the requirements of
Sec. 170.112(c)(3) through (c)(9) are met. These are WPS requirements
for all early entry situations that involve contact with treated
surfaces, and include:
(a) A prohibition against entry during the first 4 hours, and until
applicable ventilation criteria have been met, and until any label-
specified inhalation exposure level has been reached.
(b) Informing workers of safety information on the product
labeling.
(c) Provision, proper management, and care of personal protective
equipment.
(d) Heat-related illness prevention.
(e) Requirements for decontamination facilities.
(f) Prohibition on taking personal protective equipment home.
(8) The agricultural employer shall notify workers before entering
a treated area, either orally or in writing, in a language the worker
understands, that:
(a) The establishment is relying on this exception to allow workers
to enter treated areas to complete limited contact tasks.
(b) No entry is allowed for the first 4 hours following an
application, and until applicable ventilation criteria have been met,
and until any label-specified inhalation exposure level has been
reached.
(c) The time in a treated area under a restricted-entry interval
for any worker cannot exceed 8 hours in any 24 hour period.
EPA reserves the right to withdraw exceptions, in accordance with
Sec. 170.112(e)(6), if the Agency receives information or any other
data that indicates the health risks posed by activities permitted
under the exception are unreasonable, that the provisions of this
exception are being abused, or that indicates the exception no longer
has benefits that outweigh the risks.
VI. Reevaluation of the Limited Contact Exception
The Agency is adopting this exception in order to provide the
flexibility to the agriculture sector to avoid significant economic
losses while providing protections for agricultural workers under the
WPS. As discussed more fully above, the Agency believes that any added
risks associated with pesticide exposure of workers from activities
permitted by this action will be limited by the specific conditions
imposed in the exception. The Agency intends over the next several
growing seasons to collect information to evaluate the effectiveness of
this exception. In particular, EPA is interested in determining whether
the conditions imposed by this action successfully protect workers
against pesticide poisonings. EPA is also interested in better
characterizing the circumstances in which this limited contact
exception is being used and in understanding whether the exception
addresses the needs of growers adequately. Finally, EPA would like to
obtain information on the extent of compliance with the conditions in
the exception and any practical problems with enforcement.
To obtain a better understanding of the implementation and impacts
of this limited contact exception, EPA will work with USDA and states
to gather relevant information. The Agency will hold public meetings in
agricultural areas to provide those directly affected by the WPS --
growers, enforcement staff, and agricultural workers -- an opportunity
to comment on these actions and the WPS rule in general. As
appropriate, EPA may conduct surveys and review incident data to assess
how the rules are affecting agriculture. The Agency invites any
interested person who has concerns about the implementation of this
action to send comments to the Agency at the address listed at the
beginning of this document under the ADDRESSES section.
VII. List of Exceptions in 40 CFR 170.112
EPA will be amending Sec. 170.112 of the WPS by adding to
Sec. 170.112 new paragraph (e)(7)(iii) referencing this administrative
exception for ``limited contact'' tasks and its effective date. EPA
will ensure that the regulated community is aware of the terms and
conditions of the exception, and is able to locate this and future
administrative exceptions. This amendment to paragraph (e) of
Sec. 170.112 will be a technical amendment. It does not make any
substantive changes in the WPS or in Sec. 170.112.
VIII. Public Docket
A record has been established for the rulemaking and this
administrative decision under docket number ``OPP-250101A '' (including
comments and data submitted electronically as described below). A
public version of this record, including printed, paper versions of
electronic comments, which does not include any information claimed as
CBI, is available for inspection from 8 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The public record is located
in Rm. 1132 of the Public Response and Program Resources Branch, Field
Operations Division (7506C), Office of Pesticide Programs,
Environmental Protection Agency, Crystal Mall #2, 1921 Jefferson Davis
Highway, Arlington, VA.
Electronic comments can be sent directly to EPA at:
opp-docket@epamail.epa.gov
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for the WPS rulemaking and this administrative
decision, as well as the public version, as described above will be
kept in paper form. Accordingly, EPA will transfer all comments
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
IX. Consultations and Reviews
A. Statutory Reviews
As required by FIFRA section 25(a), this administrative decision
was provided to the U.S. Department of Agriculture for review and will
be provided to Congress. The FIFRA Scientific Advisory Panel waived its
review.
B. OMB Review
This action was submitted to the Office of Management and Budget
(OMB) for their informal review. Any comments or changes made during
OMB's review have been documented in the public record.
C. Unfunded Mandates Reform Act
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,
which the President signed into law on March 22, 1995, EPA has assessed
the effects of this administative decision on State, local, and tribal
governments, and the private sector. This action does not result in the
expenditure of $100 million or more by any State, local or tribal
governments, or by anyone in the private sector. In fact, this action
actually involves a reduction in burden and overall
cost. [[Page 21960]]
In addition to the consultations prior to proposal, EPA has had
several informal consultations regarding the proposed rule with some
States through the EPA regional offices and at regularly scheduled
State meetings. No significant issues or information was identified as
a result of EPA's discussion with the States.
List of Subjects in 40 CFR Part 170
Environmental protection, Administrative practice and procedure,
Labeling, Occupational safety and health, Pesticides and pest.
Dated: April 24, 1995.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 95-10875 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-F
