[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Notices]
[Page 68034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32797]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-30112A; FRL-5396-3]


Chlorothalonil; Notice of Withdrawal of Administrative Exception 
Request to Worker Protection Standard's Prohibition of Early Entry Into 
Pesticide-Treated Areas to Harvest Muskmelons by Hand

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of withdrawal of petition.

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SUMMARY: The State of Indiana has notified EPA that it is withdrawing 
its petition for an exception to the 48-hour restricted entry interval 
(REI) for chlorothalonil on muskmelon fields.

EFFECTIVE DATE: This document became effective December 9, 1996.

FOR FURTHER INFORMATION CONTACT: Joshua First, Office of Pesticide 
Programs, Field Operations Division (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 1B2, Arlington, VA, 703-305-7437, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 21, 1992 (57 FR 38102), EPA issued a final rule revising 
the Worker Protection Standard (WPS) for agricultural pesticides (40 
CFR part 170). The WPS became fully implemented on January 1, 1995. The 
WPS contains requirements for training, notification of pesticide 
applications, use of personal protective equipment (PPE), 
decontamination, and emergency medical assistance. The WPS also set new 
restricted entry intervals (REIs) for thousands of pesticide products; 
many of the REIs were increased. Chlorothalonil's REI on muskmelons 
increased from 12 hours to 48 hours.

II. Early Entry Exceptions

    In general, Sec. 170.112 of the WPS prohibits agricultural workers 
from entering a pesticide-treated area during a REI. 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.
    Under Sec. 170.112(e) of the WPS, EPA may establish exceptions to 
the Standard's provision of prohibiting early entry to perform routine 
hand labor tasks. Before implementing such changes, however, EPA is 
required to provide a 30-day public comment period. EPA will grant or 
deny a request for an exception based on a risk-benefit analysis. 
However, as required by 40 CFR 170.112(e)(3), the analysis must take 
into account both the added risks and the benefits from allowing early 
entry to perform hand labor tasks.

III. Indiana's Petition for an Exception and Subsequent Retraction 
of the Petition

    Late in March 1996, EPA received a petition from the State of 
Indiana. Indiana petitioned the Agency under Sec. 170.112(e) to allow 
early entry by workers into chlorothalonil-treated muskmelon fields to 
perform hand labor harvesting. The current REI for chlorothalonil 
remains at 48 hours after application. Although a specific REI was not 
requested in the petition, Indiana requested entry as soon as feasible 
following the application of the fungicide, before the expiration of 
the REI. Indiana's petition stated that muskmelon growers would suffer 
substantial economic losses if they could not harvest their crop on a 
daily basis. The requested time period for the exception was from June 
15 through August 30, 1996. EPA published a Notice of Receipt for the 
petition in the Federal Register of June 7, 1996 (61 FR 29096) (FRL-
5373-8) and provided a 30-day public comment period.
    In early July 1996, following the 30-day public comment period on 
the petition, EPA began its analysis of the comments that were 
received. On July 17, 1996, Indiana officially withdrew its petition in 
a retraction letter to Daniel M. Barolo, Director, Office of Pesticide 
Programs.

List of Subjects

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

    Dated: December 9, 1996.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 96-32797 Filed 12-24-96; 8:45 am]
BILLING CODE 6560-50-F