View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OCSPP RIN: 2070-AK43 Publication ID: Fall 2018 
Title: Pesticides; Agricultural Worker Protection Standard; Reconsideration of Several Requirements 

EPA published a final rule to amend the Worker Protection Standard (WPS) regulations at 40 CFR 170 on November 2, 2015 (80 FR 67496). Per Executive Order 13777, EPA solicited comments in the spring of 2017 on regulations that may be appropriate for repeal, replacement or modification as part of the Regulatory Reform Agenda efforts. EPA received comments suggesting specific changes to the 2015-revised WPS requirements which are being considered within the Regulatory Agenda efforts. Based on concerns raised through the Regulatory Reform agenda process, EPA intends to publish a Notice of Proposed Rulemaking (NPRM) for this action.

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 
EO 13771 Designation: Deregulatory 
CFR Citation: 40 CFR 170   
Legal Authority: 7 U.S.C. 136 to 136y, Federal Insecticide Fungicide and Rodenticide Act   
Legal Deadline:  None

Statement of Need:

This action provides a response to comments received from the regulated community expressed through the Regulatory Reform Agenda. EPA is proposing changes to the requirements in the Agricultural Worker Protection Standard (WPS) related to minimum age, designated representative, application exclusion zone (AEZ), and entry restrictions for enclosed space production. EPA is also proposing a number of minor revisions to correct language and unintentional errors in the 2015 version of the rule.

Summary of the Legal Basis:

This action is issued under the authority of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. section 136 to 136y, particularly sections 136a(d), 136i, and 136w.


Not to implement the NPRM.

Anticipated Costs and Benefits:

To be determined.


By law, some states have minimum age of 18 years of age for workers and would probably not change the state laws to reap the additional cost benefit of this rule.

Action Date FR Cite
Notice  12/21/2017  82 FR 60576   
NPRM  01/00/2019 
Final Rule  09/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL: TBD  
Sectors Affected: 111 Crop Production; 111421 Nursery and Tree Production; 113110 Timber Tract Operations; 113210 Forest Nurseries and Gathering of Forest Products; 11511 Support Activities for Crop Production; 115112 Soil Preparation, Planting, and Cultivating; 115114 Postharvest Crop Activities (except Cotton Ginning); 115115 Farm Labor Contractors and Crew Leaders; 115310 Support Activities for Forestry; 325320 Pesticide and Other Agricultural Chemical Manufacturing; 541690 Other Scientific and Technical Consulting Services; 541712 Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology); 813311 Human Rights Organizations; 813312 Environment, Conservation and Wildlife Organizations; 813319 Other Social Advocacy Organizations; 813930 Labor Unions and Similar Labor Organizations 
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

Ryne Yarger
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7508M,
Washington, DC 20460
Phone:202 566-2451