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EPA to Initiate Proposed Rulemakings to Revise WPS and the C&T Rule

On December 14, 2017, the U.S. Environmental Protection Agency (EPA) announced it was initiating a process to revise (1) certain requirements in the Agricultural Worker Protection Standard (WPS); and (2) to revise the minimum age requirements in the Certification of Pesticide Applicators (C&T) rule.  The prepublication version of the WPS notice is available here; the prepublication version of the C&T notice is available here.

EPA states that by the end of Fiscal Year (FY) 2018, it “expects to publish a Notice of Proposed Rulemaking to solicit public input on proposed revisions to the WPS requirements for minimum ages, designated representatives, and application exclusion zones.”  The WPS notice states that through the proposed rule, EPA will be soliciting “public input on proposed revisions to the WPS requirements for minimum age [18 years for pesticide handlers and for early-entry workers], designated representative [requirement to provide pesticide application information and safety data sheets to a designated representative of a worker or handler], and application exclusion zone [requirements to keep workers out of certain areas around the pesticide application equipment].”  Further, the compliance dates in the revised WPS published on November 2, 2015, remain in effect. 

For the C&T rule, EPA expects to “publish a Notice of Proposed Rulemaking to solicit public input on proposed revisions to the rule by the end of FY2018,” and it has no plans to change the implementation dates in the January 4, 2017, final rule.  The C&T notice states that “EPA has determined that further consideration of the rule’s minimum age requirements is warranted through the rulemaking process” after it considered comments received pursuant to Executive Order 13777, Enforcing the Regulatory Reform Agenda, revisiting the record, and reviewing the applicable statutory. 

©2018 Bergeson & Campbell, P.C.

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About this Author

Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy...

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Margaret Graham, Environmental Science and Policy Paralegal, Bergeson Campbell Law firm
Paralegal

Margaret R. Graham (Maggie), a paralegal with Bergeson & Campbell, P.C. (B&C®), holds a Masters degree in Environmental Science and Policy, and has over a decade of paralegal experience, including eight years focused in federal regulatory law.  Her understanding of environmental policy and the administrative and legislative process involved in regulatory compliance makes her an invaluable resource to B&C staff and clients, who rely on her research, project management, and writing and editing skills to complete efficiently briefs, pleadings, and other documents.

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