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EPA/OCSPP RIN: 2070-AJ22 Publication ID: Fall 2011 
Title: Pesticides; Agricultural Worker Protection Standard Revisions 
Abstract: EPA is developing a proposal under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to revise the Federal regulations guiding agricultural worker protection (40 CFR 170). The changes under consideration are intended to improve agricultural workers' ability to protect themselves from potential exposure to pesticides and pesticide residues. In addition, EPA is proposing to make adjustments to improve and clarify current requirements and facilitate enforcement. Other changes sought are to bring hazard communication requirements more in line with OSHA requirements and make improvements to pesticide safety training, with improved worker safety the intended outcome. The potential need for change arose from EPA discussions with key stakeholders beginning in 1996 and continuing through 2004. EPA held nine public meetings throughout the country, during which the public submitted written and verbal comments on issues of their concern. In 2000 through 2004, EPA held meetings where invited stakeholders identified their issues and concerns with the regulations. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 170   
Legal Authority: 7 USC 136    7 USC 136w   
Legal Deadline:  None

Statement of Need: Stakeholders have identified gaps in the protections in the current regulation. Revisions to the rule are necessary to better protect agricultural workers and pesticide handlers from unreasonable adverse effects of pesticide exposure.

Summary of the Legal Basis: 7 U.S.C. 136 through 7 U.S.C. 136y.

Alternatives: Wherever deficiencies in the existing regulation could be adequately addressed through non-regulatory means, EPA has done so. For example, the Agency has developed improved training materials that are sector-specific and in multiple languages; improved capacity for outreach; a train-the-trainer program; health care practitioner (HCP) curricula to train HCPs on pesticide exposure identification and treatment; and a bilingual manual for HCPs to use in identifying pesticide poisonings. The Agency also provides financial support for pesticide safety training.

Anticipated Costs and Benefits: Incremental costs to agricultural employers are expected to increase as a result of revised requirements for training, notification, and other protections. Incremental costs to commercial pesticide handler employers are expected to decrease. Benefits will accrue to workers' and handlers' health, and improved protection of children is expected to be realized from the proposed revisions.

Risks: Agricultural workers and pesticide handlers are at risk from pesticide exposure through their work activities, and may put their families at risk of secondary exposure. In order to address exposure risks to workers, pesticide handlers, and their families, the Agency is proposing revisions identified by stakeholders and the public.

Timetable:
Action Date FR Cite
NPRM  07/00/2012    
Final Action  To Be Determined    
Additional Information: EPA Docket information: EPA-HQ-OPP-2005-0561
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: http://www.epa.gov/pesticides/health/worker.htm  
Sectors Affected: 111 Crop Production; 115 Support Activities for Agriculture and Forestry; 32532 Pesticide and Other Agricultural Chemical Manufacturing 
RIN Data Printed in the FR: No 
Agency Contact:
Kathy Davis
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Stop 7506P,
Washington, DC 20460
Phone:703 308-7002
Fax:703 308-2962
Email: davis.kathy@epa.gov

Richard Pont
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
7506P,
Washington, DC 20460
Phone:703 305-6448
Fax:703 308-2962
Email: pont.richard@epa.gov