[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Rules and Regulations]
[Pages 33207-33213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16202]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 170
[OPP-250108A; FRL-5358-8]
RIN 2070-AC93
Pesticide Worker Protection Standard; Decontamination
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is amending the 1992 Worker Protection Standard (WPS) by
establishing the length of time for which decontamination supplies are
required at 7 days following the expiration of pesticide restricted-
entry intervals (REIs) of 4 hours or less. Pesticides with REIs of 4
hours or less have passed an EPA risk screening process because of
their low acute toxicity, an absence of evidence of worker poisonings
after the REI, and a lack of other concerns about toxicity. The
decontamination requirements for all other pesticides are not affected
by this amendment.
EFFECTIVE DATE: This rule will become effective August 26, 1996.
FOR FURTHER INFORMATION CONTACT: Linda Strauss or Joshua First, Office
of Pesticide Programs (7506C), Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. Office location: Room 1121, Crystal
Mall #2, 1921 Jefferson Davis Highway, Arlington, VA 22202. By
telephone: (703) 308-3240 or 305-7437. By electronic mail:
strauss.linda@epamail.epa.gov or first.joshua@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: Entities potentially regulated by this
action are agricultural employers who use pesticides that are regulated
by the Worker Protection Standard.
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Category Regulated entities
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Industry Agricultural employers
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This table is not intended to be exhaustive, but rather to provide
a guide for readers regarding entities likely to be regulated by this
action. To determine whether or not you are subject to regulation by
this action, you should carefully examine 40 CFR part 180.
This Federal Register document discusses the background and events
leading to this final rule amending the WPS; summarizes the public's
comments on the provisions of the
[[Page 33208]]
proposed amendments published in the Federal Register of September 29,
1995 (60 FR 50686) (FRL-4969-5); provides EPA's response to these
comments; and presents the Agency's final determination to amend the
decontamination provisions of the WPS.
I. Statutory Authority
This rule is issued under the authority of section 25(a) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.
136w(a). Under FIFRA, EPA may register a pesticide if its use does not
cause unreasonable adverse effects on the environment. FIFRA also
directs the cancellation of any pesticide found to cause unreasonable
adverse effects on the environment. FIFRA section 2(bb) defines
unreasonable adverse effects on the environment to mean any
unreasonable risk to man or the environment, taking into account the
economic, social, and environmental costs and benefits of the use of
any pesticide. Thus, in deciding how to regulate a pesticide, FIFRA
requires EPA to balance the risks to human health and the environment
associated with pesticide exposure and the benefits of pesticide use to
society and the economy.
II. Background
A. This Notice
In 1992, EPA revised the WPS (40 CFR parts 156 and 170) (57 FR
38102, August 21, 1992). The WPS is intended to reduce the risk of
pesticide poisonings and injuries among agricultural workers who are
exposed to pesticide residues, and to reduce the risk of pesticide
poisonings and injuries among pesticide handlers who may face more
hazardous levels of exposure. The 1992 WPS superseded a rule
promulgated in 1974 and expanded the WPS scope not only to include
workers performing hand labor operations in fields treated with
pesticides, but also to include all other workers exposed to pesticide
residues in or on farms, forests, nurseries, and greenhouses, as well
as pesticide handlers who mix, load, apply, or otherwise handle
pesticides. In general, the WPS contains requirements for pesticide
safety training, notification of pesticide applications,
decontamination supplies, emergency medical assistance, use of personal
protective equipment, and restrictions on entry into treated areas
during restricted entry intervals following pesticide application.
Section 170.150 of the 1992 WPS requires that a worker be provided
with a ``decontamination site'' which consists of supplies (including
water, soap, disposable towels) for washing off pesticide residues
whenever that worker ``performs any activity in an area where, within
the last 30 days, a pesticide has been applied or a restricted-entry
interval has been in effect and contacts anything that has been treated
with the pesticide.'' (As explained in Unit V. of this preamble, EPA is
also making a technical amendment to the WPS rule to use the phrase
``decontamination supplies,'' instead of ``decontamination site.'' The
phrase ``decontamination supplies'' will be used in the rest of this
preamble.)
Decontamination supplies must consist of soap and single-use towels
sufficient to meet workers' needs and enough water for routine washing
and emergency eyeflushing. EPA recommends that at least 1 gallon of
water be available per worker; see the WPS ``How to Comply'' manual.
The decontamination supplies must be reasonably accessible to workers
and not more than \1/4\ mile from where workers are working. Section
170.150 also specifies additional requirements regarding the general
conditions and location of decontamination supplies, as well as
requirements for these materials after early entry activities.
Since the WPS was issued in 1992, the National Association of State
Departments of Agriculture and other stakeholders have expressed an
interest in addressing practical concerns with the WPS. The Agency
received many requests and comments in the form of letters, petitions,
and conversations at individual and public meetings to address concerns
with the WPS, including concerns specifically suggesting a change to
the decontamination requirement. With regard to the decontamination
requirement, several commodity and other groups stated their belief
that the duration of the 30-day requirement is unnecessary because
decontamination supplies must be provided even when there is no
apparent risk, in their estimation.
On September 29, 1995, EPA proposed to amend the decontamination
requirement by reducing the length of time that decontamination
supplies are required following use of pesticides with restricted-entry
intervals (REIs) of 4 hours or less. EPA proposed, for these lower
toxicity pesticides, that the length of time be reduced from 30 days to
a length of time between 1 and 15 days after the expiration of the REI.
During the public comment period, EPA subsequently received more
comments from its stakeholders, including growers, farmworker groups,
state agencies, and private citizens. This action announces EPA's final
decision to amend the decontamination requirement in the WPS.
B. Future Considerations
The requirement for maintaining decontamination supplies in the
field for 30 days when workers are present was a risk-mitigation
measure prompted by the risks to workers by some of the most acutely
toxic pesticides. The requirement's length (30 days) was largely based
on available data on pesticide-related poisonings from the 1980s. A
combination of EPA regulatory actions during the past decade
eliminating some of the most acutely toxic pesticides and the other
worker protection requirements may mitigate risks sufficiently to
prompt consideration of a reassessment, should relevant new data become
available.
The Agency is committed to assessing new data to resolve questions
about the appropriateness of the length of time associated with this
requirement, for some or all pesticide products. The EPA registration
and reregistration programs, as well as focused contract efforts, can
be the sources of new data. EPA will monitor these data and, if
appropriate, apply them toward re-evaluating the WPS requirement that
decontamination supplies be maintained in the field for 30 days if
workers are present.
III. Summary of This Final Rule Amendment
EPA is amending 40 CFR 170.150 to establish the length of time for
which decontamination supplies are required at 7 days following the
expiration of pesticide restricted-entry intervals (REIs) of 4 hours or
less. Because such pesticides are relatively low in toxicity, and
therefore may pose very little or no risk to workers, EPA is reducing
the time from 30 days to 7 days following the end of the REI of any of
these pesticides or a mix of such pesticides. This change will not
apply for situations where REIs for two or more pesticides are in
effect, unless all pesticides have REIs of 4 hours or less. EPA is
retaining the 30-day decontamination requirement for pesticides with
REIs of more than 4 hours and those pesticides without REIs. However,
in order to clarify the meaning of the existing requirement, EPA has
modified the language of 40 CFR 170.150(a)(1).
EPA is not amending other aspects of the decontamination
requirement, including the provision on decontamination supplies for
handlers, which is located in 40 CFR 170.250. EPA has made the risk-
benefit finding to alter the length of the decontamination
[[Page 33209]]
requirement only for pesticide products with REIs of 4 hours or less,
but not for other products.
In the Federal Register of May 3, 1995 (60 FR 21965) (FRL-4950-8),
EPA issued PR Notice 95-3 listing active ingredients subject to the WPS
rule which had been reviewed for toxicity and found to pose little or
no risk to workers. Pesticide products containing these active
ingredients would be eligible for a reduced REI of 4 hours. As
explained more fully in the PR Notice, EPA examined each active
ingredient for acute toxicity risk and other forms of toxicity-related
risk, including cancer, birth defects, effects on the reproductive and
nervous system and long-term harm to health, as well as data on
reported field poisonings. Whenever EPA lacked information on a
particular type of potential adverse effect, the Agency considered
information on pesticide chemicals with similar molecular structures.
The Agency will list an active ingredient as eligible for a reduced REI
only if all of the information available indicates that it will be of
low toxicity to humans, i.e., that it poses little or no risk to
workers. A pesticide product will actually be assigned the 4-hour REI
only if data on that particular pesticide formulation satisfy
additional criteria indicating that the formulation is not acutely
toxic. Only those pesticide products which either meet the criteria of
PR Notice 95-3 or which have been reviewed on a case-by-case basis will
have REls that short, and all of those products pose little or no risk
to workers.
Any end-use pesticide that has an approved 4-hour REI will have met
or exceeded the standard for low or insignificant risk described in the
May 3, 1995 Pesticide Regulatory (PR) Notice 95-3. For instance,
pesticides approved for a 4-hour REI have a very low acute toxicity and
have not been found to have other associated developmental,
reproductive, neurotoxic, or carcinogenic effects. Additionally, none
of their active ingredients is a cholinesterase inhibitor, and the
Agency does not have any information about poisoning incidents (illness
or injury reports) that are ``definitely'' or ``probably'' related to
post-application exposures to the active ingredient.
In summary, in deciding to amend the decontamination requirement
for low toxicity pesticides, EPA has weighed the risks of possible
increased exposure to products with REIs of 4 hours or less against the
benefits of reduced grower costs. EPA has concluded that the very low
risk posed by these products do not justify the costs of maintaining
decontamination supplies for more than 7 days after the expiration of
the REI. Reducing the length of time decontamination supplies are
required for the 4-hour REI products may also encourage the use of
these low toxicity products, thereby lowering potential risk to
workers. The Agency finds substantial justification for this amendment
for the reasons summarized in this Unit and discussed in detail in the
Response to Comments section below.
IV. Summary of Response to Comments
EPA received a total of 15 comments on the proposal to amend the
requirements relating to the provision of decontamination supplies.
Comments were received from States, commodity and industry groups,
farmworker groups, and individuals.
A. Comments on the Requirement's Scope and Duration of Time
Comments
The Agency proposed to reduce the length of time for which
decontamination supplies are required when established low toxicity
pesticides are used. The proposal indicated EPA was considering a
timeframe from 1 to 15 days and requested comment.
In their comments, farmworker groups were opposed to shortening the
30-day time period for any pesticides, including those with 4-hour
REIs. One such group suggested, however, that if EPA shortened the time
period for the decontamination requirement, the duration should not be
less than 15 days. They stated that EPA's understanding of identified
low-toxicity pesticides is inadequate. Further, they stated that, even
in situations where there is no known risk from these pesticides,
decontamination supplies are needed to address pesticide exposure
resulting from drift, spills, and other accidents. Finally, some
commenters noted that on small farms that are not required to have OSHA
handwashing facilities, these supplies may be the only water source
available for workers in case of an emergency.
On the other hand, some grower groups commented that EPA should not
require that decontamination supplies be made available after the REI
expires. Others supported reducing the duration that decontamination
supplies are provided for all pesticides to a range of 1 to 15 days.
These commenters stated that the current requirement is unnecessary and
burdensome, given the low risk from pesticide exposure after the end of
the REI and the high cost of supplying and transporting the supplies.
The California Department of Pesticide Regulation stated that, when
EPA assigns permanent, chemical-specific REIs during pesticide
reregistration, decontamination sites (supplies) should be required
only during the REI. (EPA reregistration involves a comprehensive
review of pesticides to ensure current scientific standards are met.)
Thus, they argued, EPA should consider the generic 30-day period
requirement as an interim requirement. State agricultural agencies in
Georgia and Arizona recommended reducing the requirement to 7 days for
all pesticides. Comments from the Michigan Department of Agriculture
supported reducing the timeframe if it were limited to the low toxicity
pesticides.
Agency Response
The purpose of the decontamination requirement is two-fold. First,
the decontamination supplies allow a worker, whose skin or eyes have
been exposed to pesticide residues, to wash off the residues quickly
and thoroughly in or near the site where the exposure occurred in order
to prevent adverse effects, including acute and chronic effects. Prompt
action may dramatically reduce further exposure and can prevent or
mitigate illness or injury. Second, the availability of decontamination
supplies allows workers to engage in routine washing which has been
demonstrated to reduce pesticide exposure (i.e., washing off hands
before using the toilet, smoking or eating) and which is taught as part
of the WPS training program required for all workers before they may
enter any pesticide-treated areas.
In the 1992 WPS rule, EPA set the length of time that
decontamination supplies must be available to workers at 30 days after
the expiration of any REI at a treated site. In choosing to require the
30-day period, EPA relied on an analysis of pesticide poisoning
incident data. Examination of these data indicated that poisoning
episodes from re-entry to treated areas could continue up to and beyond
30 days after the end of the REI. Thus, the Agency concluded that there
could be sufficient pesticide residues to cause poisoning episodes up
to 30 days after the end of the REI, and that the availability of
decontamination supplies was an inexpensive method of mitigating this
potential risk (See 57 FR 38123). No information presented in public
comments has justified any departure from the 1992 decision for
chemicals other than the low toxicity pesticides addressed in PR Notice
95-3. Thus, this conclusion remains unchanged.
EPA disagrees with the comments suggesting that the requirement for
[[Page 33210]]
decontamination supplies should be eliminated for all pesticides after
the REI has expired and should be shortened significantly for all
pesticides. Some of these comments recommend, in effect, that EPA rely
on the REI to address the risks of all potential exposures of workers
entering pesticide-treated areas. REls, however, were not developed for
that purpose. The Agency currently has two types of REIs: interim REIs
established by the 1992 WPS rule (or by the Agency based on
epidemiological information and/or preliminary adverse toxicological
data) and chemical- and crop-specific REls established by EPA after
case-by-case consideration of data. The WPS interim REls are based on
the acute toxicity of the active ingredient in pesticides subject to
the WPS. Acute toxicity (the capacity of a substance to cause toxic or
adverse effects as a consequence of a single, short duration exposure)
is a significant concern with respect to protection of agricultural
workers, and the acute toxicity of an active ingredient is a suitable
proxy for evaluating the potential for this type of risk under field
conditions.
The WPS established interim REIs for pesticides of 12 to 72 hours,
based on the level of acute toxicity displayed by the active
ingredients in the product, when tested in established laboratory
assays (See 57 FR 38110-38111; August 21, 1992). Workers are generally
prohibited from entering treated sites during an REI; the more acutely
toxic the active ingredient, the longer the REI. Because interim REIs
established by the WPS or through other Agency actions do not reflect
consideration of all potential factors or risks, however, EPA cannot
conclude that they will protect against all potential worker exposures.
Chemical- and crop-specific REls are established after taking into
account other factors, not considered when interim REls were created,
which may influence the level of potential risk to workers. A number of
factors affect the level of risk faced by a worker performing
activities in or on a pesticide-treated area. In addition to the acute
toxicity of the pesticide, the Agency considers the potential for other
adverse effects, such as cancer, birth defects, damage to the
reproductive or nervous systems arising from exposures of longer
duration. Typically, these effects occur at much lower levels of
exposure than do acute toxic effects. The Agency is also able to
consider the level of pesticide residues remaining at a treated site,
using information on the rate at which the residues decline following
pesticide application. Finally, EPA is able to take into account the
extent to which the residues are transferred to and enter into the
human body as a consequence of the pattern of work activity an employee
performs at a treated site. In fact, using more complete information
during the chemical-by-chemical review conducted in the reregistration
process, a number of interim REIs have been replaced by chemical or
crop-specific REIs that are longer than the interim REIs set by the
1992 rule.
On the other hand, even permanent, product-specific REIs
established during registration and reregistration are based on
``average'' conditions. They do not and cannot practically take into
account differences due to temperature and humidity; rainfall and
irrigation practices; degree of sunlight; crop type, height, and
density; region-specific production practices or worker activity and
length of exposure. Evidence indicates the importance of washing
pesticides off as soon as possible after an exposure to mitigate
adverse effects. Retaining decontamination requirements for a period of
30 days after the expiration of an REI for pesticides other than the
low toxicity pesticides lessens the chances that workers will be harmed
by pesticide residues and decreases their chronic exposures to
pesticides.
If there were no requirement for making decontamination supplies
available, the Agency would be able to reduce the potential for such
risks by extending REIs. Such an approach, however would be more
burdensome to agricultural producers than retaining the requirement for
decontamination supplies. Longer REIs would be considerably more likely
to interfere with agricultural operations. Therefore, EPA continues to
believe that the risk mitigation from making decontamination supplies
available to workers clearly justifies the additional costs of
complying with this requirement.
Even in the ideal situation, where worker entry into pesticide-
treated areas is based on on-site field tests, situations may arise
where workers will be exposed to unacceptable levels of residues. These
situations include mistakes in warnings about areas not yet safe to
enter, ``hot spots'' within the treated areas from spills, application
mistakes, etc. In addition, the establishment of a residue level that
is ``safe'' for entry involves, at this time, only an analysis of
exposure to a specific product on a specific occasion. The Agency is
also concerned about acute and delayed health effect risks from the
cumulative effect of multiple exposures to a single product and
multiple exposures to multiple products. Since the opportunities for
exposure are so variable, providing decontamination supplies for a
period of 30 days after the REI for pesticides other than the low
toxicity pesticides seems to be a prudent, low-cost measure that can
reduce pesticide-related illnesses and injuries that may stem from such
exposures.
Other commenters objected to shortening the time period even for
the low- toxicity pesticides, because decontamination supplies could
mitigate risks associated with unsafe exposures resulting from spills,
drift, or most other accidents. Even in the face of application
mistakes, such as spills, and insufficient entry warnings, EPA can
lower the decontamination timeframe for pesticides that have passed
EPA's screening process because of their low acute toxicity, an absence
of evidence of worker poisonings after the REI, and lack of other
toxicity concerns.
Further, while mitigating exposure to drift is one of the purposes
of having decontamination supplies available for 30 days after the
expiration of the REI, the primary purpose of the decontamination
requirements is to mitigate potential adverse effects of exposure to
pesticide residues remaining in the treated area after the REI has
expired. In addition, because off-site drift can occur at any time and
consist of low or high toxicity pesticides, it cannot be most
effectively remedied by time-limited measures. If decontamination
supplies were the sole means of addressing drift, the Agency would have
to require that supplies always be available, regardless of the length
of the REI or the toxicity of the pesticide. While EPA recognizes that
having decontamination supplies available at all times would reduce the
risk from drift, it would not reduce risk adequately to outweigh the
costs of permanently maintaining decontamination supplies in all
treated fields.
The most effective means of mitigating drift exposure is to prevent
drift from occurring. Accordingly, the WPS requires that no pesticide
be applied so as to contact, either directly or through drift, any
worker or other person other than the person applying the pesticide.
The Agency is also working to develop engineering and use controls to
address further the problem of pesticide drift. With regard to
pesticide spills, the WPS requires decontamination supplies during
pesticide application, when spills are most likely to occur. Finally,
reducing the duration of decontamination
[[Page 33211]]
supplies for pesticides with REIs of 4 hours or less will also
encourage the use of low toxicity products, which may afford greater
risk reduction than if pesticides with higher toxicity levels were
used.
The costs of supplying and maintaining decontamination supplies
(which consist of water, soap, and disposable towels) are relatively
low. Supplies are generally not bulky and can be taken with the workers
on foot, in a vehicle, or on a tractor. The requirement will be
satisfied so long as the decontamination supplies are reasonably
accessible to workers (within 1/4 mile or at the nearest point of
vehicular access), and the water is of a quality and temperature that
will not cause illness or injury when it contacts the skin or eyes or
if it is swallowed. Although the costs of maintaining decontamination
supplies are low, the risks posed by products with REI of 4 hours or
less are negligible after the first 7 days of the decontamination
period. Therefore, the costs of maintaining decontamination supplies
for more than 7 days are not justified by the very low risk posed by
these products.
EPA disagrees with those commenters who asserted that
decontamination supplies should be required for all pesticides for 30
days following the expiration of the REI. Some comments objected to the
proposed reduction for lower toxicity pesticides because they believe
EPA did not have a full understanding of the potential risks of these
products. Under PR Notice 95-3, both pesticide active ingredients and
specific product formulations go through a careful screen to determine
their eligibility for a reduced REI. The screen provided EPA with a
good understanding of the nature of potential risks posed by these
products.
The Agency notes that many of the products which have been
identified under PR Notice 95-3 are biological pesticides, which are
generally low in toxicity to humans. These products were not in wide
use before the 1990s and were not specifically considered as part of
the development of the 1992 WPS. In recent years, EPA has adopted a
policy of encouraging the use of these products because they are
inherently less risky than conventional chemical pesticides. Shortening
the duration of the requirement for decontamination supplies is one way
EPA can distinguish these lower toxicity pesticides from more risky
pesticide products and can provide an incentive for pesticide users to
choose these products.
In its proposal, EPA proposed to reduce the amount of time
decontamination supplies would be required for certain lower toxicity
pesticides, those with REIs of 4 hours or less, but did not specify the
length of the shortened time period. The Agency noted that it was
considering time periods in the range of 15 days to 1 day, and EPA
specifically requested comment on this time period. In response,
commenters suggested a range of timeframes, including 7 days for all
pesticides. EPA has decided that decontamination supplies must be
available for 7 days following the expiration of the REI of pesticides
for which EPA has data to indicate a low level of toxicity. This
timeframe represents a significant shortening of the requirement and
corresponds to the midpoint of the range of times suggested between 1
and 15 by commenters. Although the Agency's data show that these
pesticides pose a low risk, reducing the duration of decontamination
supplies to 7 days after the REI expires still provides an additional
safeguard from any possible adverse effects of exposure to these low
toxicity pesticides.
In sum, the Agency concludes that it is appropriate to reduce the
duration of the decontamination requirement for pesticides which have
REIs of 4 hours or less, from 30 days to 7 days. This conclusion is
based on its identification of a group of pesticide products which may
pose little or no risk to agricultural workers. EPA has concluded that
the low risks posed by these products do not justify the costs of
maintaining decontamination supplies for more than 7 days after the
expiration of the REI. The benefits of shortening the time period do
not appear to be outweighed by any potential increase in risk. At the
same time, EPA has decided to retain for other pesticides the
requirement that decontamination supplies be available to workers for
30 days following expiration of the REI for pesticide treated areas.
B. Location of Decontamination Supplies
Comments
The American Farm Bureau stated that EPA should allow
decontamination supplies to be located in an area under an REI provided
that the site (supplies) is reasonably accessible to workers.
Agency Response
Section 170.150(c)(4) states that decontamination supplies may be
placed in an area under an REI if workers are performing early entry
activities permitted by Sec. 170.112 involving contact with treated
areas, and this location is necessary for the supplies to be reasonably
accessible to workers. Early entry (entry by a worker into a treated
area after a pesticide application but before the REI has expired) is
allowed under certain conditions specified in the rule. Thus, the WPS
allows for decontamination supplies to be placed in an area under an
REI for use by those performing early entry activities under the rule,
since these workers are already allowed access to the area. Placement
of the decontamination supplies within a treated area is allowed if
this choice of site is necessary for the supplies to be reasonably
accessible to workers. The rule, however, does not allow agricultural
workers, who are not performing early entry activities, into the area
under the REI, and therefore supplies for these workers must be located
outside the area under an REI.
C. Decontamination Requirement After Harvest
Comments
The American Farm Bureau commented that decontamination supplies
should not be required after crops are harvested because there are few
post-harvest, farm practices that bring workers into contact with
treated surfaces. They also believe that there is such a small number
of crops where contact with treated surfaces occurs, and that
therefore, EPA should identify the specific crops that do require
decontamination supplies after the REI expires.
Agency Response
The Agency agrees that the decontamination supplies should not be
required when workers will not contact pesticide-treated surfaces at
post-harvest times. 40 CFR 170.150(a) states that decontamination
supplies are required when a worker ``performs any activity in an area
where, within the last 30 days, a pesticide has been applied or a
restricted-entry interval has been in effect and contacts anything that
has been treated with a pesticide, including but not limited to, soil,
water or surfaces of plants. . . .'' In those cases where there is no
contact with pesticide-treated surfaces, as may be the situation when
all treated surfaces have been completely removed during harvest, the
rule already allows entry without requiring decontamination supplies.
In response to the request to identify certain crops for which
decontamination supplies would be required, there are cultural
activities for virtually all crops which involve contact with
previously-treated surfaces, and activities in which there is no
contact. Given this fact, it would be difficult for the Agency to
determine at which times
[[Page 33212]]
decontamination supplies would be needed on the basis of the specific
crop. Rather, EPA will continue to require these supplies when there is
contact with pesticide-treated surfaces.
V. Technical Amendment
EPA is revising Secs. 170.150 and 170. 250 to replace the words
``decontamination site'' with ``decontamination supplies.'' In the past
and in public comments on the proposal, the phrase ``decontamination
site'' has sometimes been misconstrued to mean a physical, stationary
structure or trailer where supplies are kept. The WPS, however, only
requires specific decontamination supplies be made available. These
supplies must be reasonably accessible to and not more than \1/4\ mile
from the workers. They may be kept in a backpack or decontamination kit
in the field or in a van or truck. The text has been reformatted
without changing the meaning of the provision.
VI. Public Docket
A record has been established for this rulemaking under docket
number OPP-250108A. This record is available for public inspection from
8 a.m. to 4:30 p.m., Monday through Friday. The public record is
located in Rm. 1132, Office of Pesticide Programs, Environmental
Protection Agency, Crystal Mall #2, 1921 Jefferson Davis Highway.,
Arlington, VA. Written requests should be mailed to: Public Response
and Program Resources Branch (7506C), Environmental Protection Agency,
401 M St., SW., Washington, DC 20460.
VII. Statutory Review
As required by FIFRA section 25(a), this final rule was provided to
the United States Department of Agriculture (USDA) and to Congress for
review. During the development of this rule, EPA addressed all of
USDA's concerns and comments through extensive informal consultations,
and the final rule was presented formally to USDA for comment. The USDA
had no comment on this final rule. The FIFRA Scientific Advisory Panel
waived its review.
VIII. Regulatory Assessment Requirements
A. Executive Order 12866
Pursuant to Executive Order 12866 (58 FR 51735, October 4, 1993),
it has been determined that this rule is not ``significant'' and is
therefore not subject to OMB review. The Agency believes that the
amendments associated with this action constitute regulatory relief,
and therefore will not impose any additional costs. The analysis
related to the costs of the original requirements were discussed in
conjunction with their promulgation in 1992 as part of the Worker
Protection Standards.
B. Executive Order 12898
Pursuant to Executive Order 12898 (59 FR 7629, February 16, 1994),
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, the Agency has considered
environmental justice related issues with regard to the potential
impacts of this action on the environmental and health conditions in
low-income and minority communities.
C. Unfunded Mandates Reform Act
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), 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, and will not result in any unfunded mandates as
defined by Title II. The costs associated with this action are
described in the Executive Order 12866 section above.
Under Executive Order 12875 (58 FR 58093, October 28, 1993), EPA
must consult with representatives of affected State, local, and tribal
governments before promulgating a discretionary regulation containing
an unfunded mandate. This action does not contain any mandates on
States, localities or tribes and is therefore not subject to the
requirements of Executive Order 12875.
D. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.),
the Agency determined that this regulatory action does not impose any
adverse economic impacts on small entities. I therefore certify that
this regulatory action does not require a separate regulatory
flexibility analysis. Information relating to this determination has
been provided to the Chief Counsel for Advocacy of the Small Business
Administration, and is included in the docket for this rulemaking. Any
comments regarding the economic impacts that this regulatory action may
impose on small entities should be submitted to the Agency at the
address listed above.
E. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Title II of Pub. L. 104-121, 110 Stat. 847), EPA submitted
a report containing this rule and other required information to the
U.S. Senate, the U.S. House of Representatives and the Comptroller
General of the General Accounting Office prior to publication of the
rule in today's Federal Register. This rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2) of the APA as amended.
F. Paperwork Reduction Act
The Office of Management and Budget (OMB) approved the information
collection requirement related to Worker Protection Standards under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
assigned OMB control number 2070-0148 (EPA ICR No. 1759.01). The
amendments contained in this rule do not increase the burden hours or
costs associated with this requirement, or require any separate
approval from OMB.
List of Subjects in 40 CFR Part 170
Administrative practice and procedure, Occupational safety and
health, Pesticides and pests.
Dated: June 18, 1996.
Carol M. Browner,
Administrator.
Therefore, 40 CFR part 170 is amended as follows:
PART 170--[AMENDED]
1. The authority citation for part 170 continues to read as
follows:
Authority: 7 U.S.C. 136w.
2. In Sec. 170.150 by revising paragraphs (a), (b)(3), (c)(1),
(c)(2)(ii), (c)(3), and (c)(4) to read as follows:
Sec. 170.150 Decontamination.
(a)(1) Requirement. The agricultural employer must provide
decontamination supplies for workers in accordance with this section
whenever:
(i) Any worker on the agricultural establishment is performing an
activity in the area where a pesticide was applied or a restricted-
entry interval (REI) was in effect within the last 30 days, and;
(ii) The worker contacts anything that has been treated with the
pesticide, including, but not limited to soil, water, plants, plant
surfaces, and plant parts.
(2) Exception. The 30-day time period established in paragraph
(a)(1)(i) of this section shall not apply if the only pesticides used
in the treated area are products with an REI of 4 hours or less on the
label (but not a product without an REI on the label). When workers are
in such treated areas, the agricultural employer shall provide
decontamination supplies for not less
[[Page 33213]]
than 7 days following the expiration of any applicable REI.
(b) * * *
(3) The agricultural employer shall provide soap and single-use
towels in quantities sufficient to meet worker's needs.
* * * * *
(c) Location. (1) The decontamination supplies shall be located
together and be reasonably accessible to and not more than 1/4 mile
from where workers are working.
(2) * * *
(ii) The agricultural employer may permit workers to use clean
water from springs, streams, lakes, or other sources for
decontamination at the remote work site, if such water is more
accessible than the water located at the nearest place of vehicular
access.
(3) The decontamination supplies shall not be maintained in an area
being treated with pesticides.
(4) The decontamination supplies shall not be maintained in an area
that is under a restricted-entry interval, unless the workers for whom
the supplies are provided are performing early-entry activities
permitted by Sec. 170.112 and involving contact with treated surfaces
and the decontamination supplies would otherwise not be reasonably
accessible to those workers.
* * * * *
3. In Sec. 170.250 by revising paragraphs (a), (b)(3) and (b)(4),
the introductory text of (c), (c)(1), (c)(2), (c)(3)(ii), (c)(4)
introductory text, and (c)(4)(i) to read as follows:
Sec. 170.250 Decontamination.
(a) Requirement. During any handling activity, the handler employer
shall provide for handlers, in accordance with this section,
decontamination supplies for washing off pesticides and pesticide
residues.
(b) * * *
(3) The handler employer shall provide soap and single-use towels
in quantities sufficient to meet handlers' needs.
(4) The handler employer shall provide one clean change of
clothing, such as coveralls, for use in an emergency.
(c) Location. The decontamination supplies shall be located
together and be reasonably accessible to and not more than \1/4\ mile
from each handler during the handling activity.
(1) Exception for mixing sites. For mixing activities,
decontamination supplies shall be at the mixing site.
(2) Exception for pilots. Decontamination supplies for a pilot who
is applying pesticides aerially shall be in the airplaine or at the
aircraft loading site.
(3) * * *
(ii) The handler employer may permit handlers to use clean water
from springs, streams, lakes, or other sources for decontamination at
the remote work site, if such water is more accessible than the water
located at the nearest place of vehicular access.
(4) Decontamination supplies in treated areas. The decontamination
supplies shall not be in an area being treated with pesticides or in an
area under a restricted-entry interval, unless:
(i) The decontamination supplies are in the area where the handler
is performing handling activities;
* * * * *
[FR Doc. 96-16202 Filed 6-25-96; 8:45 am]
BILLING CODE 6560-50-F
