Document xzBNjLo6Ne3zJQDz33KpLKxB6

November 28, 2016 'The Honorable Gina McCarthy Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Ave. NW Washington, DC 20460-0001 Re: Request for Extension to Worker Protection Standard Implementation Timeline Dear Administrator McCarthy: On behalf of Colorado's agricultural crop producers 1am requesting the U.S. Environmental Protection Agency (EPA) extend the implementation of all revised provisions of the Agricultural Worker Protection Standard (WPS) (40 CFR. 170, as published in the Federal Register on November 2, 2015) until January 2, 2018 or until EPA has: (1) finalized and delivered adequate enforcement guidance, educational materials, and training resources to the state lead agencies (SLA); and (2) provided the SLAs the tools and financial resources necessary to effectively implement the rule changes and assist the regulated community with compliance activities. Tlie Colorado Department of Agriculutre (CDA) is a co-regulator with EPA and responsible for administering, implementing and enforcing the labeling, distribution, sale, use and disposal of pesticides under the Federal Insecticide, Fungicide, and Rodemieide Act (F1FRA) and other applicable laws and regulations. We appreciate EPA's program stalls' on-going efforts to develop, revise, finalize, and disseminate complete and accurate training materials, enforcement guidance, compliance materials and other necessary educational resources to assist EPA's state regulatory partners with executing a successful implementation of the final rule changes, CDA stall have been providing input to EPA program stall since the final rule was published in November 2015 to improve, and facilitate the expeditious development and delivery of these materials prior to the January 2, 2017 and 2018 implementation dates, respectively. Unfortunately, much of EPA's work to develop and provide these critical compliance and enforcement materials to state regulatory agencies remains incomplete. In feet. EPA recently released the How To Comply Manual, the document that Colorado's agricultural producers rely on for understanding of their obligations, less than two months from the enforceable implementation of certain provisions. 305 in -OoOo t Parkway, CO B021 P 303. S&9.93 F 303-466-286/ ww. cotorada.gov/ ag Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED_002061_00044542-00001 in August 2016, the Association of American Pesticide Control Officials (AAPCO), which CDA is a member of, sent a letter to EPA's Office of Pesticide Programs outlining their concerns with the lack of availability of Train-the-Trainer materials and the OGC's interpretive guidance regarding the AEZ. These concerns along with the lack of implementation materials remain unaddressed and further demonstrate the need for an extension to all pending WPS revisions until January 2018. The CDA bel ieves the new WPS regulations require signi ficant additional staff time to provide outreach to workers, handlers, applicators, agricultural employers, trainers and other stakeholders. Under the WPS rule changes, trainers will now require retraining, and according to EPA's implementation timeline, this retraining must take place during the same period the state agencies are expected to conduct outreach and education to the producers in their states. In addition, the average actual on-site inspection under the former WPS rule averaged three hours in duration, hut under the new rule these same inspections are anticipated to require approximately 50% more time due to the enhanced record keeping and site information requirements. These enhanced compliance and record keeping requirements require EPA's timely delivery of educational resources or training materials to assist SL.As and the regulated community in understanding, complying, and enforcing the new requirements. At this time, even if all of'the compliance and enforcement materials were completed and distributed to ail of the appropriate state enforcement agencies, there are simply not enough calendar days or training opportunities available in 2016, Additional time is needed for outreach and educational activities between the SLAs and the regulated community to facilitate a successful implementation of the provisions scheduled to take effect on January 2, 2017. The CDA notes this request to extend the implementation timeline is consistent with EPA's delay in implementation and enforcement to the WPS ride promulgated in 1992, which was implemented in the field in 1995-96. The previous WPS implementation delay was required due to the lack of necessary training materials for pesticide workers and pesticide handlers, compliance assistance materials for agricultural employers, and inspection guidance materials for state regulators. Therefore, as CDA is the co~ regulatory partner with EPA I respectfully request EPA delay the implementation dates of any further revised provisions to the WPS until January 2, 2018, The implementation and compliance with the WPS rule changes are the responsibility shared by EPA, state regulatory agencies, agricultural employers, tranters, and workers. This requested extension to the implementation timeline is essential to ensure EPA's state regulatory partners and the regulated community have the appropriate information, training, and resources necessary to effectuate a successful implementation of the WPS rule changes. Implementing these regulatory changes without providing the necessary educational resources or training materials to assist state regulatory agencies and the regulated community in understanding the new requirements and how to comply with them is inappropriate and in direct conflict with the fundamental principle of "educate before you regulate." SOS saeUock:s fWKwsy. Broomfield, CO 80021 P WXBSSOOliO r 30.0466086/ | Viy;iv,<:Oto: isdO,%v/ Si; | Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00044542-00002 1 look forward to your reply and please contact me if you have any questions or would like to discuss this request further, Commissioner cc: Hon. Tom Vilsaek, Secretary, U.S, Department of Agriculture (USDA) Mr. Michael Sense, Acting Deputy Secretary, USDA Mr. Doug McKalip, Senior Advisor to the Secretary, USDA Dr. Sheryl Kumekis, Director, Office of Pest Management Policy, USDA Mr. Jim Jones, Assistant Administrator. Office of Chemical Safety and Pollution Pi`evention, EPA Mr, Jack Housenger, Director, Office of Pesticide Programs, BRA Mr. Ron Carleton, Agricultural Counselor to the Administrator, EPA Mr, Dudley W. Hoskins, Public Policy Couneel, NASD Mr. John Scott, Pesticides Program Manger, Division of Plant industry, CDA Mr, Mitch Yergen, Director, Division of Plant Industry, CDA 30S SVeriockyr; Parkway, Broortifieict. CO 80021 P 3.B69-900 F 303-466-2867 www,coiorado.gov/ ag Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00044542-00003