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EPA/OCSPP RIN: 2070-AK49 Publication ID: Fall 2019 
Title: Pesticides; Agricultural Worker Protection Standard; Revision of the Application Exclusion Zone Requirements 
Abstract:

EPA is proposing changes to the requirements in the Agricultural Worker Protection Standard (WPS) to clarify and simplify the application exclusion zone (AEZ) requirements.

 
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:

EPA identified the need to consider revisions to the AEZ requirements in the WPS at 40 CFR 170, and solicited additional information and public comment to inform its proposed revision of the rule's AEZ requirements. EPA  proposes to clarify and simplify the AEZ requirements based in part on input received as part of EPA's outreach efforts with state lead agencies (SLAs) and various stakeholders after the 2015 rule.

Summary of the Legal Basis:

7 U.S.C. 136-136y of the Federal Insecticide Fungicide and Rodenticide Act

Alternatives:

EPA considered making no changes to the current regulations or issuing guidance to clarify and simply the requirements for outdoor production. However, making no changes would not substantively address concerns identified by stakeholders and may require more extensive training and outreach without added benefits or protection.

Anticipated Costs and Benefits:

The primary benefit of revising the AEZ requirements is a reduction in the complexity and enforceability of applying a pesticide. This is a deregulatory action and is expected to reduce the burden for affected entities. Revising the requirements is expected to substantially reduce the complexity of arranging and conducting a pesticide application.

Risks:

EPA is unable to quantify any increased or decreased risk of pesticide exposure from revising the AEZ requirements; any increase or decrease may be negligible. Though simplified under the proposal, the AEZ remains as a reminder to employers and handlers that pesticide may drift beyond the intended area and that proper care is required to avoid contact with others. Employers will still be required to keep people out of the AEZ that is within the establishment.

Timetable:
Action Date FR Cite
Notice  07/22/2019  84 FR 35054   
NPRM  11/01/2019  84 FR 58666   
NPRM Comment Period End  01/30/2020 
Additional Information: Docket #:EPA-HQ-OPP-2017-0543
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: https://www.epa.gov/pesticide-worker-safety   Public Comment URL: www.regulations.gov  
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:
Ryne Yarger
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 605-1193
Email: yarger.ryne@epa.gov

Jeanne Kasai
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code PYS1162,
Washington, DC 20460
Phone:703 308-3240
Fax:703 308-3259
Email: kasai.jeanne@epa.gov