[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Notices]
[Pages 29096-29099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14449]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-30112; FRL-5373-8]
Chlorothalonil; Request for Exception to Worker Protection
Standard's Prohibition of Early Entry Into Pesticide-Treated Areas to
Harvest Muskmelons by Hand
AGENCY: Environmental Protection Agency (EPA).
ACTION: Announcement of receipt of petition for an exception; request
for comment.
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SUMMARY: EPA's Worker Protection Standard (WPS) permits the Agency to
grant exceptions to restrictions on worker entry into pesticide-treated
areas. This permission is found in 40 CFR 170.112(e). The State of
Indiana has petitioned the Agency to allow workers to enter into
muskmelon fields that have been treated with chlorothalonil, to engage
in hand harvesting before the 48-hour restricted entry interval (REI)
has expired. An REI is the amount of time that must expire after a
pesticide application before workers are allowed to enter the treated
area. The request covers the period of June 15 through August 30, 1996,
the general range of time when muskmelons are harvested. This Notice
acknowledges receipt of Indiana's petition and invites comments from
the public on the substance of the petition.
DATES: Comments, data, or evidence should be submitted on or before
July 8, 1996.
ADDRESSES: The Agency invites any interested person to submit written
comments identified by docket number ``OPP-30112'' 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 5.1 file format or ASCII file format.
All comments and data in electronic form must be identified by the
docket number ``OPP-30112.'' 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.
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: Joshua First, Field Operations
Division, Office of Pesticide Programs (7506C), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location, telephone number, and e-mail address: Rm. 1121, 1921
Jefferson Davis Highway, Crystal Mall #2, Arlington, VA, (703-305-
7437), e-mail: [email protected] gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Statutory Authority
This Notice is issued under the authority of 40 CFR 170.112,
authorized by section 25(a) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), 7 U.S.C. 136w(a). Under FIFRA, EPA is
authorized to mitigate unreasonable adverse effects that may result
from exposure to pesticides, taking into account risks of pesticide
exposure to human health and the environment and the benefits of
pesticide use to society and the economy.
B. The Worker Protection Standard
Introduced in 1974, the Worker Protection Standard (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
[[Page 29097]]
among pesticide handlers who may face more hazardous levels of
exposure. Updated in 1992, the WPS scope now includes workers
performing hand labor operations in fields treated with pesticides,
workers in or on farms, forests, nurseries, and greenhouses, and
pesticide handlers who mix, load, apply, or otherwise handle
pesticides. The WPS contains requirements for pesticide safety
training, notification of pesticide applications, use of personal
protective equipment (PPE), restricted entry intervals following
pesticide application, decontamination supplies, and emergency medical
assistance.
C. Early Entry Exceptions
In general, Sec. 170.112 of the WPS prohibits agricultural workers
from entering a pesticide-treated area during a restricted entry
interval (REI). REIs are specified on the pesticide product label and
typically range from 12 to 72 hours. Product-specific longer REIs have
been set for a few pesticides.
The WPS contains the following exceptions to the general
prohibition against worker entry into treated areas during the REI:
(1) Entry resulting in no contact with treated surfaces.
(2) Entry allowing short-term tasks (less than 1 hour) to be
performed by workers wearing PPE and meeting other conditions.
(3) Entry to perform tasks associated with agricultural
emergencies.
Under Sec. 170.112(e) of the WPS, EPA may establish additional
exceptions to the Standard's provision of prohibiting early entry to
perform routine hand labor tasks. Before implementing such changes,
however, EPA is required to provide a 30-day public comment period. EPA
will grant or deny a request for an exception based on a risk-benefit
analysis. This analysis is required by 40 CFR 170.112(e)(3), and takes
into account both the added risks and the benefits from allowing early
entry to perform hand labor tasks.
Under 40 CFR 170.112(b) and (c), workers engaging in early entry
work are not permitted to engage in hand labor, which results in
substantial contact with pesticide-treated surfaces, and under
Sec. 170.112(d) and (e), workers are explicitly allowed to engage in
hand labor. 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 treated surfaces (such as plants or soil) that
may contain pesticide residues.
On June 10, 1994 (59 FR 30265), EPA granted an exception which
allows, under specific conditions, early entry into pesticide-treated
areas in greenhouses to harvest roses by hand cutting. In the Federal
Register of May 3, 1995 (60 FR 21953) (FRL-4950-9), two additional
exceptions were granted which allow early-entry to perform irrigation
and limited contact tasks under specified conditions.
On September 27, 1995 (60 FR 49841) (FRL-4974-4), EPA denied the
State of Delaware an exception to the 48-hour REI for chlorothalonil
that had been submitted in a petition. The petition had requested an
exception for the purpose of allowing workers early entry (a 12-hour
REI) into treated areas to hand harvest cantaloupes and squash. An
additional 10 States submitted similar requests during the 30-day
public comment period after EPA published notice of its receipt of
Delaware's petition, and EPA denied those requests as well.
D. Basic Information about Chlorothalonil
Chlorothalonil is a wettable granular fungicide used to control
powdery mildew, downey mildew, and Alternaria leaf blight diseases,
among others. Under the WPS, the REI has been set at 48 hours, an
increase from 12 hours. The pre-harvest interval (PHI) for melons and
squash is 0 days. The PHI is the period that must elapse, in days, from
the last day of application to the first day that a crop can be
harvested. Chlorothalonil is in acute Toxicity Category I for primary
eye irritation and has been classified as a probable human carcinogen
(Category B2). Chlorothalonil poses risks of severe eye irritation
and delayed health effects (kidney effects). Currently EPA is working
on a Reregistration Eligibility Document (RED) for chlorothalonil. A
RED is a document that combines all scientific and economic information
about a pesticide and which is used for determining whether or not a
pesticide should be reregistered. The chlorothalonil RED is scheduled
for completion this year.
II. Summary of Indiana's Petition
The State of Indiana has petitioned the Agency under
Sec. 170.112(e) to allow early entry by workers into chlorothalonil-
treated muskmelon fields to perform hand labor harvesting immediately
after application of the fungicide. The current REI for chlorothalonil
is 48 hours. Indiana's petition states that muskmelon growers will
suffer substantial economic losses if they cannot harvest their crop on
a daily basis. The time period for the exception requested is from June
15 through August 30, 1996.
A. Need for Early Entry
According to the request, Indiana-grown muskmelons are under strong
disease pressure from Alternaria leaf blight, anthracnose, bacterial
wilt, gummy stem blight, and powdery mildew. According to Indiana, if
unchecked, these diseases can destroy the crop and result in serious
reductions in muskmelon yield and quality.
Indiana states that muskmelons ripen quickly, and must therefore be
harvested daily to avoid the fruit becoming over-ripe. Indiana contends
that considerable amounts of fruit could be damaged or lost during the
48-hour REI, and even during a 24-hour REI, due to the inability to
harvest mature crops daily. Indiana states that over-ripe muskmelons
are not harvested; their connection to the vine is cut; and they are
simply left in the field. Moreover, Indiana contends that if left on
their vines, mature (over-ripe) muskmelons act as ``suckers,''
depriving less mature melons on the vine of nutrients necessary for
their growth. Indiana estimated that a 7 percent crop loss would result
from over-ripe fruit being left on the vine for 48 hours, and that a 2
percent loss would result from a 24-hour delay of harvest. It is also
claimed that these over-ripe melons interfere with the production of
female flowers, which are necessary for producing new fruit.
Indiana said that additional labor costs may be incurred to remove
over-ripe fruit, posing a second set of costs to growers beyond costs
associated with direct losses in sales.
Indiana states that fungicides applied after the first melon
harvest result in greater muskmelon yields and a longer production
period of fruit graded as United States Department of Agriculture
(USDA) #1 quality. Powdery mildew is controlled primarily with ``timely
applications'' of systemic fungicides, such as triadimefon and benomyl.
Bacterial wilt is controlled through managing cucumber beetle
populations, which spread the disease. Alternaria leaf blight,
anthracnose, and gummy stem blight must be controlled with repeated
applications of fungicides. Indiana says that, of the available
appropriate fungicides for these three diseases, only chlorothalonil
can be used during harvest, because muskmelons are harvested daily and
chlorothalonil has a 0-day PHI. Indiana states that cultural controls
for Alternaria leaf blight are not readily available and are not very
effective in any case. Where powdery mildew is a problem,
chlorothalonil is usually applied as necessary.
[[Page 29098]]
The alternative to chlorothalonil on muskmelons is mancozeb, which
has a PHI of 5 days and is therefore not considered to be a practical
alternative during the harvest. Indiana's petition implies that
rescheduling chlorothalonil applications during the conventional 7-day
spray schedule would not be practical because regardless of how a
grower reschedules applications, there would be a 48-hour REI following
a spray application; weather and crop maturity would most likely
require harvest during that time.
According to Indiana, the average melon field size is 20 to 40
acres. Large fields are 250 acres. Other States have previously said
that two to five workers are required to harvest for 1 hour per field,
and that workers would harvest several fields over an 8-hour day.
Machine harvesting of cantaloupe or squash is not possible. The State
of Indiana says that it is open to suggestions from the Agency for any
means to mitigate eye hazards to harvest crews posed by chlorothalonil.
Indiana does not believe that workers should be required to wear any
additional PPE, because EPA has stated that it believes that workers
will not wear it (because of heat stress).
B. Proposed Terms of Exception
The State of Indiana has proposed the following terms:
1. Harvesting would be performed immediately after application.
2. All Indiana muskmelon growers would be required to use the
MELCAST disease warning system (described below), and only apply
chlorothalonil according to MELCAST times of predicted need. Indiana
states that the MELCAST system is part of an integrated pest management
program that results in two to four fewer annual chlorothalonil
applications than the conventional 7-day program.
3. Limitations on current use patterns (and thereby lowering
potential risk) by reducing the application rate and reducing the
number of applications. The maximum chlorothalonil application rate
would be 0.78 pounds of active ingredient per acre (lbs ai/acre), as
opposed to the maximum rate of 1.5 lbs ai/acre. This lower rate would
begin 2 days prior to the beginning of the melon harvest and continuing
through the harvest.
4. Growers would be subject to unannounced inspections by the
Office of Indiana State Chemist to ensure compliance, especially with
the lower application rate of 0.78 pounds of active ingredient.
MELCAST is a computerized, weather-based disease advisory system
that helps growers determine when the most appropriate times are for
applying only essential fungicides. The Purdue Cooperative Extension
Service has shown that using MELCAST will result in two to four fewer
fungicide applications without increasing risk of crop losses. MELCAST
can be used with Alternaria leaf blight, anthracnose, and gummy stem
blight. It is assumed that the State of Indiana believes that the costs
of these measures are less than the expected costs associated with crop
losses without the exception being granted.
C. Economic Impacts
The State of Indiana has claimed that a significant economic loss
may occur if the 48-hour REI remains in effect. Indiana has said that
the daily harvest of muskmelons is essential to maximize crop
production. Indiana projects that, with a 0-day REI, a muskmelon crop
that yields 4,500 melons per acre over a 4-week harvest period (picked
every day) results in a net return of $2,000 per day. With a 24-hour
REI, Indiana calculates that the net return will be $1,440 per acre, an
income reduction of 28 percent. With the current 48-hour REI, Indiana
has projected a net return of $810 per acre, a 59 percent reduction
from the best-case scenario of $2,000 per acre. Indiana states that the
vast majority of Indiana muskmelon growers derive their incomes from
farms that are 40 acres or less. For these farmers, whose incomes are
claimed to be between $30,000 and $40,000, a 28 percent or 59 percent
reduction in income could seriously affect their ability to make a
living from growing muskmelons.
The following are the most significant points that EPA needs to
address before an economic analysis can be completed. First, the
applicant did not estimate the loss of fruit to disease if
chlorothalonil is not used at all. Such an estimate would also include
the reduced costs of not using chlorothalonil. Because the applicant
has projected the costs of adhering to the 48-hour REI to be quite
high, it is possible that not using chlorothalonil at all could be
preferable in some situations.
Second, it is unclear to EPA how cutting over-ripe muskmelons
(``sucker fruit'') from fruit-producing vines is considered an
additional labor cost. EPA believes that it is labor that would have
occurred in any case, and that picking fewer melons actually requires
less labor. If the activity is claimed as an additional cost resulting
from unproductive labor, the applicant has not clarified or explained
that. Moreover, the applicant has not explained how a delay in harvest
of 1 day will result in all of the fruit that would have been harvested
being over-ripe; nor has the applicant explained how over-ripe melons
are automatically economically valueless.
Third, the applicant did not consider the relative savings in
reduced usage of chlorothalonil due to implementing MELCAST, and
assumed one application per week in projecting yield reductions. The
use of the MELCAST system reportedly should reduce chlorothalonil
applications to be, on average, less frequent than once every 7 days.
Finally, better explanation and documentation of the basis and
methodology for estimating the stated quantitative yield loss estimates
of 2 percent and 7 percent for the 24-hour REI and the 48-hour REI are
needed.
D. Potential Risks
Prior to the introduction of WPS-based interim REIs,
chlorothalonil's REI was 12 hours; its current REI is 48 hours. Based
on new data received through its reregistration program, EPA is now
reviewing the length of chlorothalonil's REI. At the current standard
application rate (for muskmelons) of 1.5 lbs ai/acre, chlorothalonil
appears to pose risks to most workers, risks that could be mitigated by
a longer REI.
EPA has conducted several preliminary qualitative assessments,
based on different assumptions, to evaluate the potential carcinogenic
and toxicity risks from exposure to chlorothalonil. When chlorothalonil
treatment begins before the harvest season at 1.5 lbs ai/acre, and then
drops in rate to 0.78 lbs ai/acre during the harvest season (as Indiana
is proposing), the risk is substantially reduced from the current
treatment schedule. The REI for this application schedule would be 24
hours. However, because chlorothalonil has a half-life of 3.5 days, the
residue remaining after the application at the rate of 1.5 lbs ai/acre,
coupled with the subsequent rate of 0.78 lb ai/acre, will still leave
residues that pose risks of some concern to workers, if they entered
the treated site immediately after application.
It appears that still lower potential risk could be attained by
reducing the chlorothalonil application to 0.78 lb ai/acre for the
entire growing and harvesting season. Lowest risk seems to be posed by
use of alternative fungicides prior to harvest with chlorothalonil
application at the reduced rate starting just prior to the harvest
period in order to accommodate the PHI of the alternatives.
[[Page 29099]]
EPA's assessment of worker risk from re-entry may be affected by
additional information about foliar dislodgable residue, especially
about chlorothalonil residue levels between applications, and other
information.
III. Comments and Information Solicited
The Agency is interested in receiving comments on this proposed
exception. In particular, the Agency welcomes comments supported by
data or additional information about muskmelons, about the potential
risks associated with granting this exception request, about cultural
practices, and about the potential economic impacts.
This would include evidence demonstrating whether or not the risks
to workers would be acceptable given Indiana's proposed terms, and an
REI of 0 hours. It would also include evidence about whether or not
REIs of 4, 12, or 24 hours are appropriate given varying application
schedules and the substitution of alternative fungicides during the
growing season. An REI of 4 hours has not been proposed, and EPA
maintains concerns about the potential worker risks associated with a
4-hour REI, but EPA nevertheless is soliciting comments on it. An
alternative but similar application schedule using another fungicide
(mancozeb) during the growing season may warrant an REI of 12 hours,
and an application schedule similar to that proposed by Indiana might
result in an REI of 24 hours.
The Agency is also interested in evidence about whether or not the
use of PPE, engineering controls, or any additional decontamination
procedures or safety training would be useful should the exception be
granted. The Agency is interested in obtaining data on how heat stress
from PPE can be mitigated, and if there are any reports of poisoning
incidents involving harvesters being exposed to chlorothalonil.
The Agency also would like information about cultural practices and
economic impacts, such as an appropriate time limit on activities
performed during the REI; this would include information about the
affect the WPS had on the 1995 melon season. Comments on feasible
alternative fungicides or integrated pest management practices that
would make early entry for hand harvesting unnecessary, and their
associated costs, are also solicited. The Agency welcomes any
additional information concerning the economic impact on Indiana's
muskmelon industry (such as crop yield and/or price) resulting from
continuing to prohibit hand harvesting during chlorothalonil's 48-hour
REI on muskmelons. Also solicited is additional information on the
average life of muskmelon fruit, uses for over-ripe fruit, uses for
canned muskmelon fruit and juice, and the stages of maturity that are
required for different markets.
IV. Public Record
Interested persons are invited to submit written comments on this
action. Comments must bear a notation indicating the docket control
number [OPP-30112].
A record has been established for this action under docket number
``OPP-30112'' (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 proposal 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
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.
List of Subjects
Environmental protection, Occupational safety and health,
Pesticides and Pests.
Dated: May 31, 1996.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 96-14449 Filed 6-06-96; 8:45 am]
BILLING CODE 6560-50-F
