Justification for Non-Substantive Change

Justification for Non-Substantive Change

OMB Control No. 2070-0190, EPA ICR No. 2491.03

Addition of supplementary “How to Comply” Manual

In November 2015, EPA amended 40 CFR Part 170, entitled “Pesticides; Agricultural Worker Protection Standard Revisions” [RIN 2070-AJ22]. 

 The existing (WPS) regulation already had provisions for training and notification of pesticide-related information for workers who enter pesticide-treated areas after pesticide application to perform crop-related tasks, as well as for handlers who mix, load, and apply pesticides. Agricultural employers and commercial pesticide handling establishments (CPHEs) are responsible for providing required training, notifications and information to their employees to ensure worker and handler safety. The changes to the regulation were intended to improve protections and include revisions to many current provisions as well as the addition of new requirements. The revised rule included expanded and more frequent training for workers and handlers, improved posting of pesticide-treated areas, additional information for workers before they enter a pesticide-treated area while a restricted entry interval (REI) is in effect, access to more general and application-specific information about pesticides used on the establishment, and recordkeeping of training to improve enforceability and compliance.

Under this regulation, EPA does not collect information. Rather, agricultural employers and CPHEs must maintain records, which EPA and its regulatory partners may ask to see during site visits for compliance assistance and enforcement of the regulation. In the regulation, EPA specifies the content of records, but does not provide a required form or a sample form.

As a result, stakeholders saw a need to develop the attached "How to Comply" manual, which includes guidance as well as sample forms to help facilitate compliance. Since this was developed through an EPA cooperative agreement, EPA is submitting this manual as a supplementary document in the existing ICR. This manual does not impose any additional reporting or recordkeeping requirements on respondents or alter the burden estimates in the ICR currently approved by OMB.