[Federal Register Volume 65, Number 110 (Wednesday, June 7, 2000)]
[Notices]
[Pages 36134-36137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14322]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-301000; FRL-6556-1]


Cut-Roses; Request for Exception to Worker Protection Standard's 
Prohibition of Early Entry Into Pesticide-Treated Areas to Harvest 
Roses by Hand Cutting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of exception request; request for comment.

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SUMMARY: EPA has received a request for an exception from some of the 
restricted entry provisions of the Worker Protection Standard for rose 
harvesters. The exception would allow rose harvesters to harvest roses 
by hand before restricted entry intervals (REIs) have expired. Roses, 
Inc. has submitted a request to the Agency for a 5-year WPS cut-rose 
exception similar to the terms of a previous exception. This Notice 
acknowledges receipt of Roses, Inc.'s request and invites comment on 
the request.

DATES: Comments, identified by docket control number OPP-301000, must 
be received on or before August 7, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the ``SUPPLEMENTARY INFORMATION.'' To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPP-301000 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Robert I. Rose, Field and External 
Affairs Division (7506C), Office of Pesticide Programs, Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., 
Washington, DC 20460; telephone number: (703) 305-6708; fax number: 
(703) 308-2962; e-mail 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 are a rose 
producer or harvester or pesticide manufacturer. Potentially affected 
categories and entities may include, but are not limited to:

[[Page 36135]]



 
------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Agriculture                       11                  Agriculture,
                                                       forestry, fishing
                                                       and hunting
------------------------------------------------------------------------
------------------------------------------------------------------------
Crop harvesting                   115113              Cut rose
                                                       harvesting
------------------------------------------------------------------------
Postharvest crop activities       115114              Reentry for
                                                       management and
                                                       maintenance
------------------------------------------------------------------------
Agriculture production or         115115              Rose harvesters
 harvesting crews
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes are provided to assist you and others in determining whether or 
not this action might apply to certain entities. The complete NAICS 
codes and descriptions are listed at: http://www.census.gov/epcd/www/naics.html. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed under ``FOR 
FURTHER INFORMATION CONTACT.''

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established a docket for this action 
under docket control number OPP-301000. The docket consists of 
documents specifically referenced in this action, any public comments 
received during an applicable comment period, and other information 
related to this action. The public version of the official record does 
not include any information claimed as confidential business 
information (CBI). The public version of the official record including 
printed paper versions of electronic comments submitted during an 
applicable comment period is available for inspection in the Public 
Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 
#2, 1921 Jefferson Davis Highway, Arlington, VA, from 8 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The PIRIB telephone 
number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper handling by EPA, it is imperative that 
you identify docket control number OPP-301000 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: ``[email protected]'', or you can submit a computer disk to 
the address above. Do not submit any information electronically that 
you consider to be CBI. Avoid the use of special characters and any 
form of encryption. Electronic submissions will be accepted in 
Wordperfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPP-301000.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI 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. In addition to one complete 
version of the comments that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under ``FOR FURTHER INFORMATION 
CONTACT'' section.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in this 
notice.
    7. To ensure proper handling by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    The Agency is announcing the receipt of a request from Roses, Inc., 
of Haslett

[[Page 36136]]

Michigan, representing rose growers throughout the U.S. for an 
exception to the USEPA Worker Protection Standard to allow early entry 
of workers to harvest greenhouse grown fresh cut roses prior to the end 
of pesticide reentry intervals. The rationales supporting this request 
are provided. The Agency is providing a 60-day period for public 
comment before making a final decision.

B. WPS Background

    Introduced in 1974, and revised in 1992, the Worker Protection 
Standard (WPS) 40 CFR part 170, is intended to protect agricultural 
workers and pesticide handlers from risks associated with agricultural 
pesticides. The WPS covers employees working in or on farms, forests, 
nurseries, and greenhouses who perform hand-labor operations in areas 
treated with pesticides. It also applies to workers who mix, load, 
apply or otherwise handle pesticides. The WPS contains requirements for 
pesticide safety training, notification of pesticide applications, use 
of personal protective equipment (PPE), restricted entry intervals 
(REIs) following pesticide application, decontamination supplies, and 
emergency medical assistance.
    40 CFR 170.112 prohibits agricultural workers from entering a 
pesticide-treated area during an REI. Under specified conditions, the 
WPS contains exceptions (40 CFR 170.112(b-e)) to the general 
prohibition against worker entry into treated areas during the REI.
    EPA may establish exceptions under 40 CFR 170.112(e) to the WPS 
provisions restricting early entry to perform routine hand-labor tasks. 
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. The process and information that must be included 
in a request for exception is described in 40 CFR 170.112(e)(1). When a 
request is received, EPA issues a public notice stating that an 
exception is being considered and describes the nature of the 
exception. At least 30 days is allowed for public comment. EPA grants 
or denies the exception request based on a risk-benefit analysis as 
required by 40 CFR 170.112(e)(3).

C. WPS Cut-Rose Exception History

    In June 1994, EPA granted a 2-year exception to the WPS for cut 
rose harvest in response to a request from the floral industry. This 
exemption allowed early entry to harvest greenhouse-grown cut roses 
under certain specified conditions. It expired on June 10, 1996. In the 
spring of 1996, Roses, Inc., a rose-grower association, approached the 
Agency with the need to continue the exception. Roses, Inc. stated the 
domestic cut-rose industry would not survive economically without the 
exception. After consulting with the rose industry, EPA published a 
notice in the Federal Register of October 30, 1996 (61 FR 56099) (FR-
5571-8). This notice acknowledged receipt of Roses, Inc.'s request, 
described their proposal and provided a 30-day public comment period. 
On December 18, 1996, the Agency sent a letter to the cut-rose 
community announcing the WPS Cut-Rose Exception. In the Federal 
Register of October 3, 1997 (62 FR 51993) (FRL-5599-2), the Agency 
announced that it had granted a limited administrative exemption to the 
1992 WPS restrictions on early entry into pesticide-treated areas 
allowing workers to hand harvest roses during REIs. It was effective 
from December 18, 1996 until October 4, 1999.

III. Regulatory Assessment

A. Roses, Inc.'s Exception Request

    Summary of request: Roses, Inc. asserts that without an early-entry 
exception allowing cut roses to be harvested at least two times per 
day, cut-rose growers will lose a significant portion of the cash value 
of their crop. The competitive market in the United States requires 
that roses be cut at a narrowly specific stage of bud development, 
after which, they decrease in value. The required twice daily harvest 
is not possible when pesticides with an REI greater than 4 hours have 
been applied because the WPS early-entry restriction eliminates the 
possibility of a second harvest on the day of pesticide treatment. For 
longer reentry intervals, additional harvests on subsequent days may 
also not be possible. Roses, Inc. estimates the losses to be as high as 
$35,000 per acre per year from not being able to cut roses at the most 
appropriate stage of bud development due to pesticide REI requirements. 
The fresh cut-rose industry competes with roses imported from countries 
where labor costs are often less per day than a U.S. grower's pay per 
hour. Roses, Inc. states growers have not moved to alternative methods 
of crop pest and disease protection because reliable, safe, proven pest 
management controls are not yet in the market. Those that are available 
are typically more costly than conventional chemical pesticide programs 
and not as effective.
    Considering the specific harvest and pest and disease control 
requirements of the crop, the need for a cosmetically perfect rose and 
competitive market pressure from imports, Roses, Inc. asserts that an 
early-entry exception to the WPS is essential to the cut-roses 
industry. Without it, the loss of roses would be more than rose flower 
producers could economically withstand.
    Exemption usage: Roses, Inc. surveyed those cut-rose growers that 
had not registered to use the most recent exemption to determine their 
reasons. Twenty survey response forms were returned. Each response had 
one or more reasons for not registering to use the exemption. Eleven 
indicated they were making a tight bud cut and harvest before each 
spray application and did not enter before the expiration of the REI. 
Eight said they did not need the exception because they have a local 
market that will accept roses that are more open than would be accepted 
in traditional markets. Five reported they would rather suffer the loss 
of roses too far open to market or accept a lower price for open roses 
than use the exception. Eighteen also indicated they spray 12-hour REI 
(or less) pesticides at night and harvest in the morning when the REI 
has expired.
    Exemption terms proposed by Roses, Inc: Roses, Inc. is proposing a 
further exception to the WPS to allow trained workers to enter a 
pesticide-treated greenhouse to harvest roses under certain conditions 
before the end of the REI. Roses, Inc. proposes the following 
conditions.
    All growers who wish to use the exception would be required to 
register for the exemption with EPA. Roses, Inc. proposes that the 
appropriate form be filed with Roses, Inc. Roses Inc. would consolidate 
the forms and transmit them to EPA. Exemption would be granted only to 
growers that are members of Roses, Inc.
    The exemption would last 5 years. Roses, Inc. proposes that the 
first 2 years of the exception have the same conditions as the current 
exception followed by a planned phaseout in years 3, 4, and 5. The 
third year of the exception would limit rose harvest before the end of 
the pesticide REI to only those harvest periods just prior to major 
floral holidays such as Mother's Day, Valentine's Day, Easter, 
Christmas, and New Year's and other recognized floral holidays. The 
frequency of use would be limited at other times of the year to no more 
than once every 2 weeks. Individual growers would be required to submit 
a statement to Roses, Inc. explaining their need for the

[[Page 36137]]

exemption to justify its use during the 4th year of the exemption. 
Roses, Inc. would consolidate these statements and submit them to the 
Agency. An individual statement of need would continue to be required 
during the 5th year of the exemption. The exemption would terminate at 
the end of its 5th year.
    Roses, Inc. bases its exception request on the following proposed 
conditions. There is continued development of IPM programs that include 
effective and economic predator and parasite biological control agents 
for the rose greenhouse industry during the proposed 5 years of the 
exemption. There is also continued development and registration of 
effective short REI pesticides for this industry during this time. An 
annual review of the exception and the industry's progress toward 
phasing out the exception would be conducted by Roses, Inc. and the 
Agency. There is continued EPA support of the Rose Exception Advisory 
Workgroup. The Food Quality Protection Act will not negatively impact 
the cut-rose industry because of mitigation measures or suspensions 
based on aggregate and cumulative risk assessments. Increasing foreign 
imports will not be priced so low that individual growers cannot afford 
transition to new insect and disease control agents and products that 
facilitate optimal harvesting procedures. The National Institute for 
Occupational Safety and Health study on risk to early-entry workers in 
the rose greenhouse does not produce significant adverse effects data 
on early entry after pesticide use or other adverse pesticide effects 
in floral greenhouses.

B. Agency Assessment, Concerns, and Opinion

    Under CFR 40 170.112, (e) Exception requiring Agency approval--(1) 
Requesting an exception, the following information must be submitted to 
the Agency for an exception to be considered:

    (i) The name, address and telephone number of the submitter.
    (ii) The time period for which the exception is requested.
    (iii) A description of the crop(s) and specific crop production 
tasks for which the exception is requested.
    (iv) A description of the geographic area for which the 
exception is requested.
    (v) An explanation as to why, for each requested crop-task 
combination, alternative practices would not be technically or 
financially viable. This information should include estimates or 
data on a per acre revenue and cost of production for the crop and 
area for which the exception is requested. These estimates or data 
should include: the situation prior to implementation of this final 
rule, the situation after implementation of this final rule if the 
exception is not granted, the situation after implementation of this 
final rule if the exception is granted, and specific information on 
individual factors which cause differences in revenues and costs 
among the three situations.
    (vi) A description or documentation of the safety and 
feasibility of such an exception, including, but not limited to, the 
feasibility of performing the necessary hand labor activity while 
wearing the personal protective equipment required for early entry 
for the pesticide(s) expected to be applied, the means of mitigating 
heat-related illness concerns, the period of time required daily per 
worker to perform the hand labor activity, any suggested methods of 
reducing the worker's exposure, and any other mitigating factors 
such as the availability of running water for routine and emergency 
decontamination and mechanical devices that would reduce the 
workers' contact with the treated surfaces.

    The information should include the costs associated with early-
entry, such as decontamination facilities, special information and 
training for the workers, heat stress avoidance procedures, and 
provision, inspection, cleaning, and maintenance of PPE. EPA will not 
grant exceptions where the costs of early entry equal or exceed the 
expected loss in value of crop yield or quality.
    Since receipt of Roses, Inc.'s request for an exception, the Agency 
has been discussing the content with Roses, Inc. and within the Agency 
to better understand and supplement the request with other information. 
Even though the request remains incomplete, the Agency has chosen to 
publish this notice of receipt and would like public comment prior to 
making a decision on the request.
    The petition by Roses, Inc. does not adequately address the 
information requirements regarding specific information on individual 
factors which cause differences in revenues and costs. The petition 
also did not provide the information required regarding the means of 
mitigating heat-related illness concerns, the period of time required 
daily per worker to perform the hand labor activity, and the costs 
associated with early-entry as stated above.
    The Agency would also like to consider a narrower exception 
request, such as one confined to specific pesticide products, time, 
pest or infestations where risks and benefits can be better defined. 
This would allow for an exception with potentially less risk for 
workers because of less frequent exposure.

C. Comments Solicited

    The Agency is interested in a full range of comments and 
information on this exception request. The Agency particularly welcomes 
comments supported by information that would help establish the 
economic need for the exception in light of the significant number of 
rose growers that continue production without it, the appropriate group 
to administer or manage the exception since Roses Inc. has proposed to 
administer several aspects such as grower registration, justification 
of need, limitation of eligibility to use an exception to Roses, Inc. 
membership, and pesticide exposure risks to workers from allowing early 
entry for harvesting. Data and information that will assist worker and 
harvester risk assessment and adverse incident reports are of 
particular need. Through public comment, the Agency is seeking 
information to further improve the risk-benefit analysis. Individuals 
are encouraged to provide comments on all or any portions of the 
information sought by the Agency.

List of Subjects in 40 CFR Part 170

    Environmental protection, Administrative practice and procedure, 
Occupational safety and health, Pesticides and pests, Roses.

    Dated: May 23, 2000.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.
[FR Doc. 00-14322 Filed 6-6-00; 8:45 am]
BILLING CODE 6560-50-F