Document jGJNnBdEo36OD3k1XZDQ6G0O

1 SEC. 8. AGRICULTURAL WORKER PROTECTION STANDARD; 2 CERTIFICATION OF PESTICIDE APPLICATORS 3 (a) IN GENERAL. --Except as provided in subsection (b), during the period 4 beginning on the date of enactment of this Act and ending not earlier than 5 October 1, 2021, the Administrator of the Environmental Protection Agency 6 (referred to in this section as the "Administrator")-- 7 (1) shall carry out-- 8 (A) the final rule of the Administrator entitled "Pesticides; 9 Agricultural worker Protection Standard Revisions" (80 Fed. 10 Reg. 67496 (November 2, 2015)); and 11 (B) the final rule of the Administrator entitled "Pesticides; 12 Certification of Pesticide Applicators" (82 Fed. Reg. 952 13 (January 4, 2017)); and 14 (2) shall not revise or develop revisions to the rules described in 15 subparagraphs (A) and (B) of paragraph (1). 16 (b) EXCEPTIONS.--Prior to October 1, 2021, the Administrator may propose, 17 and after a notice and public comment period of not less than 90 days, 18 promulgate-- 19 (1) revisions to the final rule described in subsection (a)(1)(A) 20 addressing application exclusion zones under part 170 of title 40, 21 Code of Federal Regulations, consistent with the Federal Insecticide, 22 Fungicide, and Rodenticide At (7 U.S.C. 136 et seq.); and 23 (2) revisions to such rule related to the use by workers ofdesignated 24 representatives if such revisions-- 25 (A) do not restrict the right ofa worker to use anyone as a 26 designated representative; 27 (B) provide guidance to employers on how to respond to requests 28 that do not appear to be authentic or bonafide requestsfrom 29 workers; and Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00072510-00001 30 (C) limit orproscribe the use by a designated representative of 31 records when such use is not related toproviding the records 32 to the worker who requested the records on the worker's 33 behalf. 34 (c) GAO REPORT.--The Comptroller General of the United States shall-- 35 (1) conduct a study that-- 36 (A) evaluates en the use of designated representative provisions 37 in states that have suchprovisions, including the effect of that 38 useprovision on the availability to workers of pesticide 39 application and hazard information; 40 (B) compares and worker health and safety in states that have 41 had suchprovisions with health and safety ofworkers in 42 states that have not had suchprovisions', and 43 (2) not later than October 1, 2021, shall make publicly available a report 44 describing the study under paragraph (1), including any 45 recommendations to prevent the misuse of pesticide application and 46 hazard information, if that misuse is identified the use or release by 47 designated representatives ofpesticide application and hazard 48 information toparties other than to the worker on whose behalfthe 49 designation and release was requested. Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00072510-00002