[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
PESTICIDE COMPLIANCE DATES EXTENSION ACT
Mr. CONRAD. Mr. President, I ask that the Chair lay before the Senate
a message from the House of Representatives on (S. 1913), a bill to
extend certain compliance dates for pesticide safety training and
labeling requirements.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
Resolved, That the bill from the Senate (S. 1913) entitled
`'An Act to extend certain compliance dates for pesticide
safety training and labeling requirements'', do pass with the
following amendment:
Strike all after the enacting clause and insert:
SECTION 1. COMPLIANCE.
Until January 1, 1995, it shall not be a misuse under
section 12(a)(2)(G) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136j(a)(2)(G)) to use any
pesticide product in a manner inconsistent with the
provisions of 40 CFR part 170 that are (1) subject to the
compliance date specified in 40 CFR section 170.5(c) and (2)
incorporated by reference on the label or labeling of any
pesticide product. This delay in compliance shall not apply
to specific worker protection requirements that appear
directly on the label or labeling of the pesticide product.
SEC. 2. REENTRY INTERVAL.
(a) In General.--Notwithstanding the provisions of 40 CFR
part 170, until January 1, 1995, a worker may enter an area
treated with a pesticide product during the restricted entry
interval specified on the label of the pesticide product to
perform tasks related to the production of agricultural
plants if the agricultural employer ensures that--
(1) no hand labor activity is performed;
(2) no such entry is allowed for the first 4 hours
following the end of the application of the pesticide
product;
(3) no such entry is allowed until any inhalation exposure
level listed on the product labeling has been reached; and
(4) the personal protective equipment specified on the
product labeling for early entry is provided in clean and
operating condition to the worker.
(b) Protective Equipment for Irrigation Work.--For
irrigation work for which the only contact with treated
surfaces is to the feet, lower legs, hands, and arms, the
agricultural employer may provide coveralls, chemical
resistant gloves, and chemical resistant footwear instead of
the personal protective equipment specified on the label.
SEC. 3. CROP ADVISORS.
Notwithstanding the provisions of 40 CFR part 170, until
January 1, 1995, persons performing duties as crop advisors
shall not be considered workers or handlers under 40 CFR part
170 (or for the purposes of the pesticide label) and shall
not be subject to the requirements of 40 CFR part 170.
SEC. 4. SAFETY TRAINING.
(a) Training Materials.--Not later than September 23, 1994,
the Administrator shall develop and distribute pesticide
safety training materials that convey, at a minimum, the
information referred in 40 CFR section 170.230(c)(4).
(b) Implementation.--The Administrator shall assist the
appropriate Federal, State, and tribal agencies in
implementing the pesticide safety training programs required
under 40 CFR part 170.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) The term ``hand labor'' means any agricultural activity
performed by hand or with hand tools that causes a worker to
have substantial contact with surfaces (such as plants, plant
parts, or soil) that may contain pesticide residues. These
activities include, but are not limited to, harvesting,
detasseling, thinning, weeding, topping, planting, sucker
removal, pruning, disbudding, roguing, and packing produce
into containers in the field. The term ``hand labor'' shall
not include operating, moving, or repairing irrigation or
watering equipment or performing the tasks of crop advisors.
(2) The term ``agricultural employer'' means any person who
hires or contracts for the services of workers, for any type
of compensation, to perform activities related to the
production of agricultural plants, or any person who is an
owner of or is responsible for management or condition of an
agricultural establishment that uses such workers.
(3) The term ``worker'' means any person, including a self-
employed person, who is employed for any type of compensation
and who is performing activities relating to the production
of agricultural plants on an agricultural establishment. The
term ``worker'' shall not include any person employed by a
commercial pesticide handling establishment to perform tasks
as a crop advisor.
(4) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
SEC. 6. EFFECTIVE PERIOD.
The provisions in this Act shall be effective until January
1, 1995.
Mr. CONRAD. Mr. President, I move that the Senate concur in the
amendments of the House.
The motion was agreed to.
Mr. CONRAD. Mr. President, I move to reconsider the vote.
Mr. DOMENICI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LEAHY. Mr. President, we have known for 10 years that current
regulations are doing virtually nothing to protect the men, women, and
children who help put food on America's table. There are at least
20,000 and perhaps as many as 300,000 pesticide poisonings each year.
The standards we are delaying today provide the most elementary
protections against such poisonings. Unfortunately, another growing
season will go by with more illnesses and poisonings that we could have
prevented.
My own State of Vermont has worked hard to be ready to implement the
new standards this spring. I understand there are other States that say
they are not ready. Therefore, I will accept the compromise that the
House is offering on S. 1913, with the clarifications from my colleague
from Mississippi.
This compromise is a significant improvement over the bill that the
Senate passed last week, which was unclear and ambiguous in some
respects.
I ask unanimous consent to print in the Record a letter from the EPA
and an explanation of this bill.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Environmental Protection Agency,
Washington, DC, March 22, 1994.
Hon. Patrick Leahy,
Committee on Agriculture, Nutrition, and Forestry, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: We understand that some questions have
been raised concerning the definition of ``crop advisors''
under S. 1913, as amended by the House of Representatives on
March 18, 1994. The definition of crop advisors is clear. The
Worker Protection Standard, 40 CFR Part 170, defines crop
advisors at Section 170.3 as follows:
Crop advisor means any person who is assessing pest numbers
or damage, pesticide distribution, or the status or
requirements of agricultural plants. The term does not
include any person who is performing hand labor tasks.
Title 40 CFR Part 170 became effective on October 20, 1992.
S. 1913, as amended, delays the compliance date of certain
provisions of the Worker Protection Standard, but does not
affect the effective date of the Worker Protection Standard.
Thus, the definitions are effective. To the extent that terms
are used in S. 1913, as amended, which are not defined in the
bill, the definitions set out in the Worker Protection
Standard at section 170.3 would be applicable.
This issue has apparently been raised out of concern about
agricultural employers sending workers into the treated area
during a restricted entry interval without personal
protective equipment on the basis of a claim that the worker
is performing work as a crop advisor. The distinctions
between crop advisors and workers are set out in the
definitions in the Worker Protection Standard.
We believe it is clear which tasks are associated with
workers and which the crop advisers, so that, from an
enforcement perspective, it will be straightforward to
ascertain whether an agricultural employer is trying to
circumvent the protections required by the label for workers.
I hope this information assists in resolving any questions
concerning the definition of crop advisors. If I can be of
further assistance, please let me know.
Sincerely yours,
Lynn R. Goldman, M.D.,
Assistant Administrator.
____
Explanation of S. 1913
Section 1 of this Act will delay until January 1, 1995 the
April 15, 1994 compliance date for the Part 170 worker
protection provisions referenced in 40 CFR section 170.5(c)
which are incorporated by reference on the label. These
worker protection requirements include the requirements for
pesticide safety training, notification, monitoring of
handlers, providing specific information about pesticide
applications, posting pesticide safety information, providing
a decontamination site, and emergency assistance. This delay
in the enforcement of Part 170 requirements is to provide
additional time for the education of pesticide users and
training of agricultural workers.
The Part 170 worker protection provisions for which
compliance was required by April 21, 1993 are not affected by
this Act. More specifically, the accelerated provisions set
forth in section 170.5(b)--the entry restrictions related to
restricted entry intervals, the exceptions to the
prohibitions against early entry set forth in section
170.112, and the provisions in section 170.120 providing
relief from notification requirements--are not affected by
this Act.
This Act does not delay compliance for specific worker
protection requirements which are on the label; that is, the
restricted entry intervals (REIs), personal protective
equipment, drift statement, and requirements on some
pesticide labels for the posting of treated areas. (Note,
however, Section 2(b), discussed below, does provide an
optional exception for PPE requirements for irrigation
workers which may differ from PPE specified on the label.)
Thus, the pesticide user, during the delayed compliance
period, must comply with the worker protection requirements
that appear directly on the label.
This Act also does not affect the requirements in 40 CFR
Part 156 that registrants, after April 21, 1994, cannot sell
or distribute pesticide product without labeling that has
been amended to include the statements required by Part 156.
Section 2 provides an exception from the prohibition
against early entry until January 1, 1995. This exception
applies to early entry workers that need to enter the treated
area during the REI to perform tasks related to the
production of agricultural plants. However, no early entry is
allowed under this paragraph for hand labor. For example, a
farmer would be permitted to drive a tractor in the treated
area to plant during an REI. If such farmer must come into
contact with treated surfaces in performing this task, then
the farmer must wear early entry worker personal protective
equipment specified on the label. (Farmers that apply
pesticide and plant at the same time are considered pesticide
handlers.)
Under the exception in Section 2, no entry is allowed for
the first four hours after application of the pesticide.
This restriction parallels the requirements in the other
exceptions to early entry promulgated in the Worker
Protection Standard (WPS) at 40 CFR section 170.112.
Section 2(b) provides, until January 1, 1995, optional PPE
for early entry workers operating, moving, or repairing
irrigation or watering equipment where contact with the
treated surfaces is limited to hands, arms, lower legs, and
feet. Instead of providing the PPE on the label specified for
early entry, in this situation, the agricultural employer can
provide to the irrigation workers the following PPE: chemical
resistant boots, chemical resistant gloves, and coveralls.
This exception is only for workers performing irrigation
work. The Environmental Protection Agency is considering
whether there should be a special category of PPE for
irrigation workers and may address this through appropriate
administrative action. This Act in no way affects or
prejudges EPA's determination on what should be appropriate
PPE for irrigation workers after January 1, 1995.
Section 2 only applies to early entry workers, not to
handlers. The new labels will specify the PPE for applicators
and other handlers. Note that the requirement for PPE for
applicators will not be new in many cases, although the
specific items and terminology of PPE may be. Many pesticide
labels specified PPE for applicators well before promulgation
of the WPS. The applicator is responsible for complying with
label requirements and therefore is responsible for their
employees wearing PPE.
Section 3 provides that, until January 1, 1995, persons
performing duties as crop advisors shall not be considered
workers or handlers under 40 CFR Part 170 (or for purposes of
requirements on the pesticide label) and thus, when acting as
crop advisors, they will not be subject to the requirements
of 40 CFR Part 170. If a farmer is a pesticide applicator as
well as a crop advisor, then when performing as an
applicator, the farmer is subject to applicable worker
protection requirements.
The definitions set forth in this Act at Section 5 are the
same as the definitions in the WPS at 40 CFR section 170.3.
Title 40 CFR Part 170 became effective on October 20, 1992.
This Act addresses enforcement of certain provisions of Part
170, it does not change the effective date of the WPS. Thus,
the definitions are effective. To the extent that this Act
uses terms which are not defined in the Act, such as ``crop
advisor'' and ``agricultural plant,'' the definitions set out
in the WPS at section 170.3 are applicable.
Mr. COCHRAN. Mr. President, S. 1913 represents a major compromise
between the Environmental Protection Agency, farm worker interests,
production agriculture, and State regulators in the implementation of
EPA's farm worker protection standard. The bill will delay the
implementation of those requirements not specifically incorporated on
the product label until January 1, 1995. This bill will not change or
weaken any existing worker protection or other regulations currently in
effect. However, the delay will allow the EPA to provide the necessary
training, education, and compliance assistance that farmers and
regulators need.
I urge other Senators to support this bipartisan effort to provide
much needed relief to the agricultural producers of our country.
Mr. LEAHY. Mr. President, some terms in this bill are not defined. Is
it the Senator's understanding that definitions in 40 CFR 170 will
apply in those instances?
Mr. COCHRAN. Yes.
Mr. LEAHY. Second, would the Senator say that it is accurate that
further delay of these regulations would not be necessary, as long as
the Environmental Protection Agency meets its obligations under the
bill?
Mr. COCHRAN. I would agree. However, the delay in the implementation
of these regulations is to allow the numerous concerns that have been
raised with these regulations to be resolved, and to provide additional
time for the EPA to distribute the educational materials required under
the regulations.
Mr. LEAHY. I thank the Senator for these clarifications.
____________________