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[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: 
[email protected] or [email protected].

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
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