[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Notices]
[Pages 30872-30874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14424]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-250106; FRL-4958-7]


Chlorothalonil; Request for an Exception to Worker Protection 
Standard Early Entry Prohibition for Hand Harvest of Cantaloupe and 
Squash

AGENCY: Environmental Protection Agency (EPA).

ACTION: Announcement of receipt of petition for an exception; request 
for comment.

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SUMMARY: EPA's Worker Protection Standard (WPS) allows the Agency to 
grant exceptions to the entry restrictions contained in 40 CFR 
170.112(e). The State of Delaware has petitioned the Agency to allow 
workers to enter chlorothalonil-treated cantaloupe and squash fields to 
perform hand labor harvesting before expiration of the 48-hour 
restricted entry interval (REI). The time period for this exception 
request is during the harvest season from July 1 through September 15, 
1995. This Notice acknowledges receipt of the exception request and 
invites comments from the public on the request.

DATES: Comments, data, or evidence should be submitted on or before 
July 12, 1995.

ADDRESSES: The Agency invites any interested person to submit written 
comments identified by docket number ``OPP-250106'' to: By mail: Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Environmental Protection Agency, 401 M St., SW., Washington, 
[[Page 30873]] DC 20460. In person, bring comments to: Rm. 1132, 
Crystal Mall 2, 1921 Jefferson Davis Highway, Arlington, VA.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect 5.1 file format or ASCII file format. 
All comments and data in electronic form must be identified by the 
docket number ``OPP-250106.'' No Confidential Business Information 
(CBI) should be submitted through e-mail. Electronic comments on this 
document may be filed online at many Federal Depository Libraries.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. A copy of the comment that 
does not contain CBI must be submitted for inclusion in the public 
record. Information not marked confidential may be disclosed publicly 
by EPA without prior notice. All written comments will be available for 
public inspection in Rm. 1132 at the Virginia address given above from 
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Sara Ager or Ameesha Mehta, Office of 
Pesticide Programs (7506C), Environmental Protection Agency, 401 M St., 
SW., Washington, DC 20460. Office location, telephone number, and e-
mail address: Rm. 1121, 1921 Jefferson Davis Highway, Crystal Mall #2, 
Arlington, VA, (703) 305-7371, [email protected] gov. or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. Early Entry Exceptions

    In general, Sec. 170.112 of the Worker Protection Standard (WPS) 
prohibits agricultural workers from entering a pesticide-treated area 
during a restricted entry interval (REI). REIs are based on the 
toxicity of the active ingredient in the product. REIs are specified on 
the pesticide product label and typically range from 12 to 72 hours. 
Product-specific longer REIs have been set for a few pesticides.
    The WPS currently contains the following exceptions to the general 
prohibition against worker entry during the REI:
    (1) Entry resulting in no contact with treated surfaces.
    (2) Entry allowing short-term tasks (less than 1 hour) to be 
performed with personal protective equipment (PPE) and other 
conditions.
    (3) Entry to perform tasks associated with agricultural 
emergencies.
    Under these exceptions, workers engaging in early entry work are 
not permitted to engage in hand labor, which results in substantial 
contact with treated surfaces. The WPS defines hand labor as any 
agricultural activity performed by hand or with hand tools that causes 
a worker to have substantial contact with treated surfaces (such as 
plants or soil) that may contain pesticide residues.
    Under Sec. 170.112(e) of the WPS, EPA may establish additional 
exceptions to the Standard's provision of prohibiting early entry to 
perform routine hand labor tasks. EPA will grant or deny a request for 
an exception based on a risk-benefit analysis. This analysis takes into 
account both the added risks and the benefits from allowing early entry 
to perform hand labor tasks.
    On June 10, 1994 (59 FR 30265), EPA granted an exception which 
allows, under specified conditions, early entry into pesticide-treated 
areas in greenhouses to harvest cut roses. In the Federal Register of 
May 3, 1995 (60 FR 21953), two additional exceptions were granted which 
allow early-entry to perform irrigation and limited contact tasks under 
specified conditions.

B. Chemical-Specific Information

    Chlorothalonil is a wettable granular fungicide used to control 
Downey Mildew disease, and has been classified as a probable human 
(Category B2) carcinogen. Chlorothalonil has eye irritation 
concerns and other delayed health effects (kidney effects). The REI has 
been set for 48 hours. The pre-harvest interval (PHI) for melons and 
squash is at 0-days. The PHI is the time duration that must elapse, in 
days, from the last day of application to the first day that a crop can 
be harvested. The Registration Eligibility Document (RED) is scheduled 
for completion this year and changes to the REI and the PHI may occur.

II. Summary of Delaware's Petition

    The State of Delaware has petitioned under Sec. 170.112(e) the 
Agency to allow early entry by workers into chlorothalonil-treated 
cantaloupe and squash fields to perform hand labor harvesting 24 hours 
after the spray application. Delaware's petition states that if growers 
cannot harvest daily they will suffer substantial economic losses. The 
time period for the exception requested is from July 1 through 
September 15, 1995.

A. Need for Early Entry

    According to the request, cantaloupe and squash are under severe 
disease pressure from Downey mildew in Delaware, and if unchecked, it 
can destroy the crop. The practice is to apply chlorothalonil every 7 
days where Downy mildew is a problem. Delaware contends that 
considerable fruit could be damaged or lost during a 48-hour REI, due 
to the inability to harvest mature crops. The alternatives to 
chlorothalonil are Maneb or Penncozeb, both of which have a PHI of 5 
days. Delaware states that rescheduling sprays would not be practical 
because the 7-day spray schedule is followed to protect against Downey 
mildew infection. Delaware contends that regardless of how a grower 
schedules sprays, there would be a 48-hour REI following a spray 
application, and weather and crop maturity may require harvest during 
that time. According to Delaware, the average plot size is 1 acre and 
requires 2 to 5 workers to harvest 1 hour per field. Workers would 
harvest several fields over an 8-hour day. Delaware also maintains that 
machine harvesting of cantaloupe or squash is not feasible. The State 
of Delaware is open to suggestions from the Agency for any means to 
mitigate possible eye hazards to harvest crews.

B. Proposed Terms of Exception

    The State of Delaware has proposed the following protective 
measures:
    1. No harvesting would be performed until 24 hours after 
application.
    2. Growers harvesting cantaloupe and squash between 24 and 48 hours 
following the application of chlorothalonil would provide oral warnings 
to workers to avoid contacting their eyes with their hands and forearms 
or any clothing which may be in contact with the foliage during 
harvest. They would give this warning at the start of each workday.
    3. Workers would be given instructions at the beginning of the 
workday to wash their hands, forearms, and faces after every 2 hours or 
at the conclusion of a period of picking if less than 2 hours.
    4. To accommodate the increased use of water at the field 
decontamination site, the grower would provide 3 gallons of water or 
have running water available, as opposed to the recommended 1 gallon of 
water per worker. [[Page 30874]] 
    The State of Delaware concludes that the costs of these measures 
are inconsequential when compared with the expected loss in the crop 
value without the exception.

C. Economic Impact

    The exception request addresses 450 acres of cantaloupe and squash 
production, potentially affected by the Downey mildew disease. Based on 
Delaware's 1993 statistics, the revenue amount for cantaloupe is $2,250 
per acre. The inability to harvest in time would result in decreased 
revenue per acre. An estimated percentage of loss was not provided, but 
would be determined by estimating the amount of acreage expected to be 
lost due to inability to harvest mature fruit during the REI after 
application of chlorothalonil.
    As the State of Delaware indicated, if the Agency were to grant the 
exception, in conjunction with the measures proposed by the State of 
Delaware, the agricultural employer would also be required to ensure 
that the protective measures in Sec. 170.112(c)(3) through (c)(9) are 
met. These measures specify that the PPE required, daily for early 
entry, is provided, cleaned, and maintained for the worker; 
decontamination and change areas are provided; basic training and 
label-specific information is provided; and measures to prevent heat-
related illness are implemented, when appropriate. The Agency may add 
additional specific measures based on comments received.

III. Comments and Information Solicited

    The Agency desires more information and is therefore, interested in 
receiving a full range of comments on this proposed exception. In 
particular, the Agency welcomes comments supported by information, 
including evidence demonstrating whether the risks to workers would be 
acceptable, given the measures proposed, and whether the use of 
personal protective equipment, engineering controls, any additional 
decontamination procedures, and safety training in these circumstances 
would be feasible. The Agency is interested in any available data on 
how heat stress can be mitigated effectively, and whether there are any 
reports of chlorothalonil poisoning incidents involving harvesters. The 
Agency also would like comments regarding the appropriate time limit on 
activities performed during the REI. Comments on feasible alternative 
fungicides or integrated pest management practices that would make 
early entry for hand harvesting unnecessary, and their associated costs 
are also solicited. The Agency would welcome any additional information 
concerning the economic impact (yield and/or price) on this industry of 
prohibiting hand harvesting during the full 48-hour REI for this 
fungicide. Information on average production life of squash and 
cantaloupe, and the stages of maturity required for different markets 
is further solicited.
    In addition, the Agency requests comments on whether other States 
in which chlorothalonil is used on cantaloupe and squash would need a 
comparable exception. The States of Florida and Iowa have expressed a 
similar need for workers to enter chlorothalonil-treated cantaloupe and 
tomato fields to perform hand labor harvest before the expiration of 
the 48-hour REI. If Delaware's exception request is granted, the Agency 
may consider extending the exception beyond the State of Delaware, 
pending demonstration of need by other States. Interested parties have 
30 days from the publication of this notice to comment.
    A record has been established for this action under docket number 
``OPP-250106'' (including comments and data submitted electronically as 
described below). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 8 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Rm. 1132 of the Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:

    [email protected]

    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this action, as well as the public version, 
as described above will be kept in paper form. Accordingly, EPA will 
transfer all comments received electronically into printed, paper form 
as they are received and will place the paper copies in the official 
record which will also include all comments submitted directly in 
writing. The official record is the paper record maintained at the 
address in ``ADDRESSES'' at the beginning of this document.

List of Subjects

    Environmental protection, Occupational safety and health, 
Pesticides and Pests.

    Dated: June 8, 1995.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 95-14424 Filed 6-8-95; 1:13 pm]
BILLING CODE 6560-50-F