82 FR 60576 - Pesticides; Agricultural Worker Protection Standard; Reconsideration of Several Requirements and Notice About Compliance Dates

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 244 (December 21, 2017)

Page Range		60576-60577
FR Document		2017-27303

EPA is providing notice to the public that it has initiated a rulemaking process to revise certain requirements in the Agricultural Worker Protection Standard. EPA expects to publish a Notice of Proposed Rulemaking in FY 2018 to solicit public input on proposed revisions to the WPS requirements for minimum age, designated representative, and application exclusion zone.

Federal Register, Volume 82 Issue 244 (Thursday, December 21, 2017)

[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Proposed Rules]
[Pages 60576-60577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27303]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 170

[EPA-HQ-OPP-2017-0543; FRL-9972-10]
RINs 2070-AK40 and 2070-AK43


Pesticides; Agricultural Worker Protection Standard; 
Reconsideration of Several Requirements and Notice About Compliance 
Dates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is providing notice to the public that it has initiated a 
rulemaking process to revise certain requirements in the Agricultural 
Worker Protection Standard. EPA expects to publish a Notice of Proposed 
Rulemaking in FY 2018 to solicit public input on proposed revisions to 
the WPS requirements for minimum age, designated representative, and 
application exclusion zone.

DATES: EPA is also announcing that the compliance dates in the revised 
WPS published on November 2, 2015 (80 FR 67496) (FRL-9931-81) remain in 
effect and that the Agency does not intend to extend them.

FOR FURTHER INFORMATION CONTACT: Kevin Keaney, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (703) 305-5557; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you work in or 
employ persons working in crop production agriculture where pesticides 
are applied. The following list of North American Industrial 
Classification System (NAICS) codes is not intended to be exhaustive, 
but rather provides a guide to help readers determine whether this 
document applies to them. Potentially affected entities may include:
     Agricultural Establishments (NAICS code 111000).
     Nursery and Tree Production (NAICS code 111421).
     Timber Tract Operations (NAICS code 113110).
     Forest Nurseries and Gathering of Forest Products (NAICS 
code 113210).
     Farm Workers (NAICS codes 11511, 115112, and 115114).
     Pesticide Handling on Farms (NAICS code 115112).
     Farm Labor Contractors and Crew Leaders (NAICS code 
115115).
     Pesticide Handling in Forestry (NAICS code 115310).
     Pesticide Manufacturers (NAICS code 325320).
     Farm Worker Support Organizations (NAICS codes 813311, 
813312, and 813319).
     Farm Worker Labor Organizations (NAICS code 813930).
     Crop Advisors (NAICS codes 115112, 541690, 541712).

II. What action is the Agency taking?

A. Potential Changes to Several WPS Requirements

    In accordance with Executive Order 13777, titled Enforcing the 
Regulatory Reform Agenda, EPA solicited public comments on regulations 
that may be appropriate for repeal, replacement or modification as part 
of the President's Regulatory Reform Agenda efforts. The comments 
received can be viewed at http://www.regulations.gov under docket EPA-
HQ-OA-2017-0190. EPA received comments on the Agricultural Worker 
Protection Standard (WPS) requirements for minimum age, designated 
representative, and application exclusion zone (AEZ). These three 
topics were discussed at the November 2, 2017, meeting of the Office of 
Pesticide Program's Federal Advisory Committee, the Pesticide Program 
Dialogue Committee (PPDC). A transcript of the meeting will be posted 
when available on EPA's website at https://www.epa.gov/pesticide-advisory-committees-and-regulatory-partners/pesticide-program-dialogue-committee-meeting-5. After considering these comments, revisiting the 
record, and reviewing the applicable statutory authority, EPA has 
determined that further consideration of the WPS requirements for 
minimum age, designated representative, and AEZ is warranted through 
the rulemaking process. A brief summary of the existing WPS 
requirements for minimum age, designated representative, and the AEZ is 
provided below.
    1. Minimum Age. The 2015 WPS established a minimum age of 18 years 
for pesticide handlers and for early-entry workers, with an exemption 
for owners of agricultural establishments and their immediate family 
members.

[[Page 60577]]

    2. Designated Representative. The 2015 WPS required agricultural 
employers to provide pesticide application information and safety data 
sheets to a designated representative of a worker or handler under 
certain circumstances. This requirement is in addition to the 
requirement for agricultural employers to provide that information to 
medical personnel, workers or handlers requesting it.
    3. Application Exclusion Zones (AEZs). For outdoor production on 
farms, nurseries and forests, the 2015 WPS rule established AEZ 
requirements to reduce the number of incidents where workers or other 
persons are exposed to pesticides during agricultural pesticide 
applications. The 2015 WPS requires agricultural employers to keep 
workers and other persons out of certain areas around the pesticide 
application equipment (i.e., AEZs) during ongoing pesticide 
applications, in addition to continuing the 1992 WPS requirement to 
keep workers and other persons out of the treated area. The 2015 WPS 
also requires pesticide applicators (handlers) to suspend a pesticide 
application if workers or other persons are in the AEZ.
    EPA is providing notice to the public that the Agency has initiated 
a rulemaking process to reconsider the requirements in the 2015 revised 
WPS for minimum age at 40 CFR 170.309(c), 170.313(c) and 170.605(a); 
designated representative at 170.305 and 170.311(b)(9); and application 
exclusion zone at 170.305, 170.405 and 170.505(b). EPA expects to 
publish a Notice of Proposed Rulemaking in FY 2018 to solicit public 
input on the proposed revisions to the WPS.

B. WPS Compliance Dates

    EPA is also announcing that the compliance dates in the revised WPS 
remain in effect and that the Agency does not intend to extend them. 
Therefore, compliance with the revised WPS requirements will be 
required as set forth in the November 2, 2015 (80 FR 67496) (FRL-9931-
81) revised WPS at 40 CFR 170.2, 170.311, 170.401, 170.501 and 170.505. 
Compliance with most of the revised WPS requirements was required 
beginning January 2, 2017. Compliance will be required with two 
additional requirements starting January 2, 2018; specifically, the 
pesticide safety information display (poster) which will have to 
include the revised content, and pesticide handlers (applicators) will 
have to temporarily suspend applications if workers or other persons 
enter into the application exclusion zone during pesticide 
applications. EPA will work with States and Tribes to implement the 
revised WPS in 2018.
    The only requirements in the revised WPS that will not be in effect 
as of January 2, 2018 are the requirements that the worker and handler 
pesticide safety training material cover the expanded content at 40 CFR 
170.401(c)(3) and 170.501(c)(3). The 2015 revised WPS provided that 
compliance with the expanded pesticide safety content in these sections 
was not required until 180 days after EPA publishes in the Federal 
Register a notice of availability of certain training materials. While 
there are training materials available that meet the expanded content 
requirement, EPA has not yet published a Federal Register notice 
announcing their availability and does not plan to issue such a notice 
until the rulemaking process on the minimum age, designated 
representative and application exclusion zone requirements is complete. 
If any of those requirements change as a result of the rulemaking 
process, all of the training materials covering the expanded pesticide 
safety content (including videos, presentations and flip charts) would 
have to be changed. EPA is delaying the publication of the training 
materials availability notice to prevent extra work and costs to 
developers of the training materials and EPA reviewers. Therefore, 
pesticide safety training for workers and handlers may continue to be 
conducted using EPA-approved ``old'' materials (covering the topics in 
the August 21, 1992 WPS (57 FR 38102) (FRL-3774-6)) or EPA-approved 
``new'' materials (covering the topics in the 2015 WPS) after January 
2, 2018, and until the rulemaking process is complete. Training on the 
expanded pesticide safety content will not be required until 180 days 
after EPA publishes a Federal Register notice announcing the 
availability of training materials that cover the expanded content in 
40 CFR 170.401(c)(3) and 170.501(c)(3).

    Authority: 7 U.S.C. 136-136y.

    Dated: December 13, 2017.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention.
[FR Doc. 2017-27303 Filed 12-20-17; 8:45 am]
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60576 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Proposed Rules

Executive Orders 12866 (58 FR 51735, Dated: December 8, 2017. • Timber Tract Operations (NAICS
October 4, 1993) and 13563 (76 FR 3821, Robert A. Kaplan, code 113110).
January 21, 2011); Acting Regional Administrator, Region 5. • Forest Nurseries and Gathering of
• Is not an Executive Order 13771 (82 [FR Doc. 2017–27431 Filed 12–20–17; 8:45 am] Forest Products (NAICS code 113210).
FR 9339, February 2, 2017) regulatory BILLING CODE 6560–50–P • Farm Workers (NAICS codes 11511,
action because SIP approvals are 115112, and 115114).
exempted under Executive Order 12866; • Pesticide Handling on Farms
ENVIRONMENTAL PROTECTION (NAICS code 115112).
• Does not impose an information AGENCY • Farm Labor Contractors and Crew
collection burden under the provisions Leaders (NAICS code 115115).
of the Paperwork Reduction Act (44 40 CFR Part 170 • Pesticide Handling in Forestry
U.S.C. 3501 et seq.); (NAICS code 115310).
[EPA–HQ–OPP–2017–0543; FRL–9972–10]
• Is certified as not having a • Pesticide Manufacturers (NAICS
significant economic impact on a RINs 2070–AK40 and 2070–AK43 code 325320).
substantial number of small entities • Farm Worker Support
under the Regulatory Flexibility Act (5 Pesticides; Agricultural Worker Organizations (NAICS codes 813311,
U.S.C. 601 et seq.); Protection Standard; Reconsideration 813312, and 813319).
of Several Requirements and Notice • Farm Worker Labor Organizations
• Does not contain any unfunded About Compliance Dates
mandate or significantly or uniquely (NAICS code 813930).
affect small governments, as described AGENCY: Environmental Protection • Crop Advisors (NAICS codes
in the Unfunded Mandates Reform Act Agency (EPA). 115112, 541690, 541712).
of 1995 (Pub. L. 104–4); ACTION: Notice of proposed rulemaking. II. What action is the Agency taking?
• Does not have Federalism SUMMARY: EPA is providing notice to the A. Potential Changes to Several WPS
implications as specified in Executive public that it has initiated a rulemaking Requirements
Order 13132 (64 FR 43255, August 10, process to revise certain requirements in
1999); In accordance with Executive Order
the Agricultural Worker Protection
13777, titled Enforcing the Regulatory
• Is not an economically significant Standard. EPA expects to publish a
Reform Agenda, EPA solicited public
regulatory action based on health or Notice of Proposed Rulemaking in FY
comments on regulations that may be
safety risks subject to Executive Order 2018 to solicit public input on proposed
appropriate for repeal, replacement or
13045 (62 FR 19885, April 23, 1997); revisions to the WPS requirements for
modification as part of the President’s
• Is not a significant regulatory action minimum age, designated
Regulatory Reform Agenda efforts. The
subject to Executive Order 13211 (66 FR representative, and application
comments received can be viewed at
28355, May 22, 2001); exclusion zone.
http://www.regulations.gov under
DATES: EPA is also announcing that the
• Is not subject to requirements of compliance dates in the revised WPS
docket EPA–HQ–OA–2017–0190. EPA
Section 12(d) of the National received comments on the Agricultural
published on November 2, 2015 (80 FR Worker Protection Standard (WPS)
Technology Transfer and Advancement 67496) (FRL–9931–81) remain in effect
Act of 1995 (15 U.S.C. 272 note) because requirements for minimum age,
and that the Agency does not intend to designated representative, and
application of those requirements would extend them.
be inconsistent with the CAA; and application exclusion zone (AEZ). These
FOR FURTHER INFORMATION CONTACT: three topics were discussed at the
• Does not provide EPA with the Kevin Keaney, Field and External November 2, 2017, meeting of the Office
discretionary authority to address, as Affairs Division (7506P), Office of of Pesticide Program’s Federal Advisory
appropriate, disproportionate human Pesticide Programs, Environmental Committee, the Pesticide Program
health or environmental effects, using Protection Agency, 1200 Pennsylvania Dialogue Committee (PPDC). A
practicable and legally permissible Ave. NW, Washington, DC 20460–0001; transcript of the meeting will be posted
methods, under Executive Order 12898 telephone number: (703) 305–5557; when available on EPA’s website at
(59 FR 7629, February 16, 1994). email address: keaney.kevin@epa.gov. https://www.epa.gov/pesticide-advisory-
In addition, the SIP is not approved SUPPLEMENTARY INFORMATION: committees-and-regulatory-partners/
to apply on any Indian reservation land pesticide-program-dialogue-committee-
or in any other area where EPA or an I. General Information
meeting-5. After considering these
Indian tribe has demonstrated that a A. Does this action apply to me? comments, revisiting the record, and
tribe has jurisdiction. In those areas of You may be potentially affected by reviewing the applicable statutory
Indian country, the rule does not have this action if you work in or employ authority, EPA has determined that
tribal implications and will not impose persons working in crop production further consideration of the WPS
substantial direct costs on tribal agriculture where pesticides are requirements for minimum age,
governments or preempt tribal law as applied. The following list of North designated representative, and AEZ is
specified by Executive Order 13175 (65 American Industrial Classification warranted through the rulemaking
FR 67249, November 9, 2000). System (NAICS) codes is not intended process. A brief summary of the existing
List of Subjects in 40 CFR Part 52 to be exhaustive, but rather provides a WPS requirements for minimum age,
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guide to help readers determine whether designated representative, and the AEZ
Environmental protection, Air this document applies to them. is provided below.
pollution control, Incorporation by Potentially affected entities may 1. Minimum Age. The 2015 WPS
reference, Intergovernmental relations, include: established a minimum age of 18 years
Nitrogen dioxide, Particulate matter, • Agricultural Establishments (NAICS for pesticide handlers and for early-
Reporting and recordkeeping code 111000). entry workers, with an exemption for
requirements, Sulfur oxides, Volatile • Nursery and Tree Production owners of agricultural establishments
organic compounds. (NAICS code 111421). and their immediate family members.

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Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Proposed Rules 60577

2. Designated Representative. The B. WPS Compliance Dates notice announcing their availability and
2015 WPS required agricultural does not plan to issue such a notice
EPA is also announcing that the
employers to provide pesticide until the rulemaking process on the
compliance dates in the revised WPS
application information and safety data minimum age, designated representative
remain in effect and that the Agency
sheets to a designated representative of and application exclusion zone
does not intend to extend them.
a worker or handler under certain requirements is complete. If any of those
circumstances. This requirement is in Therefore, compliance with the revised
WPS requirements will be required as requirements change as a result of the
addition to the requirement for rulemaking process, all of the training
agricultural employers to provide that set forth in the November 2, 2015 (80 FR
67496) (FRL–9931–81) revised WPS at materials covering the expanded
information to medical personnel, pesticide safety content (including
workers or handlers requesting it. 40 CFR 170.2, 170.311, 170.401, 170.501
and 170.505. Compliance with most of videos, presentations and flip charts)
3. Application Exclusion Zones would have to be changed. EPA is
(AEZs). For outdoor production on the revised WPS requirements was
required beginning January 2, 2017. delaying the publication of the training
farms, nurseries and forests, the 2015 materials availability notice to prevent
WPS rule established AEZ requirements Compliance will be required with two
additional requirements starting January extra work and costs to developers of
to reduce the number of incidents where the training materials and EPA
workers or other persons are exposed to 2, 2018; specifically, the pesticide safety
information display (poster) which will reviewers. Therefore, pesticide safety
pesticides during agricultural pesticide
have to include the revised content, and training for workers and handlers may
applications. The 2015 WPS requires
pesticide handlers (applicators) will continue to be conducted using EPA-
agricultural employers to keep workers
have to temporarily suspend approved ‘‘old’’ materials (covering the
and other persons out of certain areas
applications if workers or other persons topics in the August 21, 1992 WPS (57
around the pesticide application
enter into the application exclusion FR 38102) (FRL–3774–6)) or EPA-
equipment (i.e., AEZs) during ongoing
pesticide applications, in addition to zone during pesticide applications. EPA approved ‘‘new’’ materials (covering the
continuing the 1992 WPS requirement will work with States and Tribes to topics in the 2015 WPS) after January 2,
to keep workers and other persons out implement the revised WPS in 2018. 2018, and until the rulemaking process
of the treated area. The 2015 WPS also The only requirements in the revised is complete. Training on the expanded
requires pesticide applicators (handlers) WPS that will not be in effect as of pesticide safety content will not be
to suspend a pesticide application if January 2, 2018 are the requirements required until 180 days after EPA
workers or other persons are in the AEZ. that the worker and handler pesticide publishes a Federal Register notice
EPA is providing notice to the public safety training material cover the announcing the availability of training
that the Agency has initiated a expanded content at 40 CFR materials that cover the expanded
rulemaking process to reconsider the 170.401(c)(3) and 170.501(c)(3). The content in 40 CFR 170.401(c)(3) and
requirements in the 2015 revised WPS 2015 revised WPS provided that 170.501(c)(3).
for minimum age at 40 CFR 170.309(c), compliance with the expanded pesticide Authority: 7 U.S.C. 136–136y.
170.313(c) and 170.605(a); designated safety content in these sections was not
Dated: December 13, 2017.
representative at 170.305 and required until 180 days after EPA
170.311(b)(9); and application exclusion publishes in the Federal Register a Charlotte Bertrand,
zone at 170.305, 170.405 and notice of availability of certain training Acting Principal Deputy Assistant
170.505(b). EPA expects to publish a materials. While there are training Administrator, Office of Chemical Safety and
Notice of Proposed Rulemaking in FY materials available that meet the Pollution Prevention.
2018 to solicit public input on the expanded content requirement, EPA has [FR Doc. 2017–27303 Filed 12–20–17; 8:45 am]
proposed revisions to the WPS. not yet published a Federal Register BILLING CODE 6560–50–P
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Document Created: 2018-10-25 10:59:20
Document Modified: 2018-10-25 10:59:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		EPA is also announcing that the compliance dates in the revised WPS published on November 2, 2015 (80 FR 67496) (FRL-9931-81) remain in effect and that the Agency does not intend to extend them.
Contact		Kevin Keaney, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
FR Citation		82 FR 60576