[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29013-29014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13353]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 170

[EPA-HQ-OPP-2011-0184; FRL-9979-50]
RIN 2070-AJ22


Pesticides; Agricultural Worker Protection Standard; Notification 
of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of availability.

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SUMMARY: EPA is announcing the availability of training materials 
covering the expanded training content required by the Federal 
Insecticide, Fungicide and Rodenticide Act Worker Protection Standard 
(WPS) for both agricultural workers and pesticide handlers. The 
publication of this notification of availability triggers the WPS 
requirement that training programs must include all of the topics 
specified in the 2015 revisions to the WPS.

DATES: Training programs must include all of the topics specified in 40 
CFR 170.401(c)(3)(i)-(xxiii) and 170.501(c)(3)(i)-(xiv) no later than 
December 19, 2018.

FOR FURTHER INFORMATION CONTACT: EPA is not requesting, and does not 
expect to receive, comments on this notification of availability. 
Questions should be directed to: Jennifer Park, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (703) 347-0121; 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), e.g., 
establishments or persons, such as farms, orchards, groves, 
greenhouses, and nurseries, primarily engaged in growing crops, plants, 
vines, or trees and their seeds.
     Nursery and Tree Production (NAICS code 111421), e.g., 
establishments or persons primarily engaged in (1) growing nursery 
products, nursery stock, shrubbery, bulbs, fruit stock, sod, and so 
forth, under cover or in open fields and/or (2) growing short rotation 
woody trees with a growth and harvest cycle of 10 years or less for 
pulp or tree stock.
     Timber Tract Operations (NAICS code 113110), e.g., 
establishments or persons primarily engaged in the operation of timber 
tracts for the purpose of selling standing timber.
     Forest Nurseries and Gathering of Forest Products (NAICS 
code 113210), e.g., establishments or persons primarily engaged in (1) 
growing trees for reforestation and/or (2) gathering forest products, 
such as gums, barks, balsam needles, rhizomes, fibers, Spanish moss, 
ginseng, and truffles.
     Farm Workers (NAICS codes 11511, 115112, and 115114), 
e.g., establishments or persons primarily engaged in providing support 
activities for growing crops; establishments or persons primarily 
engaged in performing a soil preparation activity or crop production 
service, such as plowing, fertilizing, seed bed

[[Page 29014]]

preparation, planting, cultivating, and crop protecting services; and 
establishments or persons primarily engaged in performing services on 
crops, subsequent to their harvest, with the intent of preparing them 
for market or further processing.
     Pesticide Handling on Farms (NAICS code 115112), e.g., 
establishments or persons primarily engaged in performing a soil 
preparation activity or crop production service, such as seed bed 
preparation, planting, cultivating, and crop protecting services.
     Farm Labor Contractors and Crew Leaders (NAICS code 
115115), e.g., establishments or persons primarily engaged in supplying 
labor for agricultural production or harvesting.
     Pesticide Handling in Forestry (NAICS code 115310), e.g., 
establishments or persons primarily providing support activities for 
forestry, such as forest pest control.
     Pesticide Manufacturers (NAICS code 325320), e.g., 
establishments primarily engaged in the formulation and preparation of 
agricultural and household pest control chemicals (except fertilizers).
     Farm Worker Support Organizations (NAICS codes 813311, 
813312, and 813319), e.g., establishments or persons primarily engaged 
in promoting causes associated with human rights either for a broad or 
specific constituency; establishments or persons primarily engaged in 
promoting the preservation and protection of the environment and 
wildlife; and establishments primarily engaged in social advocacy.
     Farm Worker Labor Organizations (NAICS code 813930), e.g., 
establishments or persons primarily engaged in promoting the interests 
of organized labor and union employees.
     Crop Advisors (NAICS codes 115112, 541690, 541712) e.g., 
establishments or persons who primarily provide advice and assistance 
to businesses and other organizations on scientific and technical 
issues related to pesticide use and pest pressure.

II. Background

    On November 2, 2015, EPA published a final rule making changes to 
the WPS, 40 CFR part 170, referred to as the ``2015 revised WPS'' (80 
FR 67496) (FRL-9931-81). The WPS is a regulation primarily intended to 
reduce the risks of injury or illness resulting from agricultural 
workers' and handlers' use of and contact with agricultural pesticides 
on farms, forests, nurseries and greenhouses. The rule primarily seeks 
to protect workers (those who perform hand-labor tasks on pesticide-
treated crops, such as harvesting, thinning or pruning) and handlers 
(those who mix, load and apply pesticides). The 2015 revised WPS 
requirements retained many of the 1992 WPS requirements, while 
increasing the stringency of some standards and adding new 
requirements.

III. Availability of Training Materials and Deadline for Compliance 
With New Training Requirements

    Sections 170.401 and 170.501 of the 2015 revised WPS allowed 
employers to omit certain topics from training materials until 180 days 
after EPA publishes in the Federal Register a notification of 
availability of new WPS training materials. EPA is announcing the 
availability of new training materials covering the expanded training 
content for both workers and handlers. These materials, developed 
through a cooperative agreement with the Pesticide Education Resources 
Collaborative (PERC), are available at http://pesticideresources.org/. 
These materials have been approved by EPA and contain the content 
required by the 2015 revised WPS. There are also new training materials 
developed by other organizations that have been approved by EPA and 
contain the content required by the 2015 revised WPS; some of these 
materials are available on the PERC website and others are proprietary.
    EPA is currently reconsidering three requirements of the 2015 
revised WPS and plans to solicit comments on potential changes to the 
designated representative provision, the minimum age for handlers and 
early-entry workers, and the application exclusion zone. If those 
requirements are changed through a final rulemaking, training materials 
may need to be amended to reflect such changes.
    The publication of this notification of availability of the 
training materials specified in 40 CFR 170.401(c)(3) and 170.501(c)(3) 
commences the 180-day period provided in those provisions. Per 
Sec. Sec.  170.401(c)(3) and 170.501(c)(3), WPS training programs must 
include all of the topics specified in Sec. Sec.  170.401(c)(3)(i)-
(xxiii) and 170.501(c)(3)(i)-(xiv) no later than December 19, 2018.

List of Subjects in 40 CFR Part 170

    Environmental protection, Agricultural worker, Employer, Farms, 
Forests, Greenhouses, Nurseries, Pesticide handler, Pesticides, Worker 
protection standard.

    Dated: June 13, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention.
[FR Doc. 2018-13353 Filed 6-21-18; 8:45 am]
BILLING CODE 6560-50-P


