Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 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.

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: oppdocket@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 timesensitive irrigation activities.

(4) Allow early entry to pesticide

treated areas to perform certain timesensitive 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.
21956 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

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 § 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 restrictedentry 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, nonhand 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
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 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 § 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 earlyentry 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.
21958 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

(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 § 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
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 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 § 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

§ 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 § 170.112 of

the WPS by adding to § 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 § 170.112 will be a

technical amendment. It does not make

any substantive changes in the WPS or

in § 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.
21960 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 170

[OPP–250098A; FRL–4950–5]

Administrative Exception to Worker

Protection Standard Early Entry

Prohibition for Irrigation Activities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Administrative exception

decision.

SUMMARY: EPA is granting an

administrative exception to the 1992

Worker Protection Standard (WPS)

allowing early entry into pesticide

treated areas to perform certain

irrigation activities. The exception is in

response to formal requests the Agency

received from the States of California

and Hawaii, a petition from many

organizations in the agricultural

community, and informal requests from

other States. The exception allows

workers to perform necessary irrigation

activities, which if delayed could cause

significant economic loss, and that

result in minimal contact with

pesticide-treated surfaces, for a

maximum of 8 hours in a 24–hour

period during a restricted-entry interval

(REI). EPA is granting this exception

because it believes the benefits

outweigh the 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–250098A’’ 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: oppdocket@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–250098A.’’ 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 VII 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.

The exception requests and all

comments submitted on the proposed

exception are available for public

inspection in the Office of Pesticide

Programs’ public docket, Rm. 1132,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA. Office hours

are 8 a.m. to 4:30 p.m., Monday through

Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Sara

Ager, Office of Pesticide Programs

(7506C), Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number, and e-mail address: 1921

Jefferson Davis Highway, Rm. 1121,

Crystal Mall #2, Arlington, VA, (703)

305–7666, ager.sara@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; and (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

irrigation activities. Final

determinations on the other four actions

mentioned above are being published

elsewhere in this issue of the Federal

Register.

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 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 to treated areas.

In 1994, both California and Hawaii

specifically requested that EPA grant an

exception to allow early entry to

pesticide-treated areas, prior to the

expiration of the REI, to perform

necessary irrigation tasks involving

limited contact with treated surfaces.

Specifically, the Agency was asked to

consider allowing unlimited early entry

during the REI if workers would not

have substantial contact with pesticidetreated surfaces. The Agency was also

asked to consider establishing a single

requirement for personal protective

equipment (PPE) that could be worn by

irrigation workers.

The irrigation exception requests from

California and Hawaii, and a petition

from a coalition of agricultural and

commodity groups, persuaded EPA that

there is a potential for significant

economic impact if growers could not

tend to irrigation tasks in a timely

manner due to REIs. In response to these

requests, EPA proposed a national

exception for irrigation activities to be

performed within the REI, provided

certain conditions were met.

EPA received comments supporting

and opposing the proposed exception.