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Revisions in EPA WPS comment period open until Dec. 23, 2015

Deborah Breth, Integrated Pest Management
Lake Ontario Fruit Program

November 13, 2015

Posted in Federal Register: A Rule by the Environmental Protection Agency on 11/02/2015

What are the major changes from the proposal to the final rule?
This final rule revises the existing WPS. Some significant changes are described in this Unit. Units V. through XIX. discuss in more detail the proposed rule, public comments submitted, EPA's responses to the public comments, and final regulatory requirements.

In regard to training, the final rule retains the proposed content expansions (including how to protect family members and reduce take-home exposure) and the requirement for employers to ensure that workers and handlers receive pesticide safety training every year. Employers are required to retain records of the training provided to workers and handlers for two years from the date of training. The final rule eliminates the training "grace period," which allowed employers to delay providing full pesticide safety training to workers (for up to 5 days under the existing rule and for up to two days under the proposal) from the time worker activities began, if the workers received an abbreviated training prior to entering any treated area.

In regard to notification, the final rule retains the proposed requirements for employers to post warning signs around treated areas in outdoor production when the product used has a restricted-entry interval (REI) greater than 48 hours and to provide to workers performing early-entry tasks, i.e., entering a treated area when an REI is in effect, information about the pesticide used in the area where they will work, the specific task(s) to be performed, the personal protective equipment (PPE) required by the labeling and the amount of time the worker may remain in the treated area. The final rule does not include the proposed requirement for employers to keep a record of the information provided to workers performing early-entry tasks. The final rule retains the existing requirements concerning the sign that must be used when posted notification of treated areas is required.

In regard to hazard communication, the final rule requires employers to post pesticide application information and a safety data sheet (SDS) for each pesticide used on the establishment (known together as pesticide application and hazard information) at a central location on the establishment (the "central display"), a departure from the proposal to eliminate the existing requirement for a central display of pesticide application-specific information. The final rule also requires the employer to maintain and make available to workers and handlers, their designated representatives, and treating medical personnel upon request, the pesticide application-specific information and the SDSs for pesticides used on the establishment for two years. The final rule does not include the proposed requirement for the employer to maintain copies of the labeling for each product used on the establishment for two years.
In regard to protections during pesticide applications, the final rule designates the area immediately surrounding the application equipment as the area from which workers and other persons must be excluded (an area up to 100 feet around the application equipment). This "application exclusion zone" differs from the proposed "entry-restricted areas," which would have extended a specified distance around the entire treated area during application based on the application equipment used. The final rule requires handlers to suspend application, rather than cease application, if they are aware of any person in the application exclusion zone other than a properly trained and equipped handler involved in the application.

In regard to establishing a minimum age for handlers and workers performing early-entry tasks, the final rule requires that handlers and workers performing early-entry tasks be at least 18 years old, rather than the proposed minimum age of 16 years old. This minimum age does not apply to an adolescent working on an establishment owned by an immediate family member. The final rule does not require the employer to record workers' or handlers' birthdates as part of the training record, but does require the employer to verify they meet the minimum age requirements.

In regard to PPE, the final rule cross-references certain Occupational Safety and Health Administration's (OSHA) requirements for respirator use that employers will be required to comply with, i.e., fit test, medical evaluation, and training for handlers using pesticides that require respirator use. The final rule expands the respirators subject to fit testing beyond the proposal to include filtering facepiece respirators. The final rule maintains the existing exception from the handler PPE requirements when using a closed system to transfer or load pesticides, and adopts a general performance standard for closed systems, which differs from the specific design standards based on California's existing standard for closed systems discussed in the proposal.

January 4, 2017 is the date when employers must comply with the provisions of the WPS with the exception of the new training content and the implementation of the new exclusion zone requirement.
January 4, 2018 (or 180 days after EPA announces the training materials are available, whichever is later) is when the new training curriculum must be implemented.
January 4, 2018 is when the exclusion zone requirements come into force.

EPA has received and considered a number of requests to extend the public comment period on the proposed changes to the certification of pesticide applicators rule.
EPA will grant a 30-day extension to the public comment period on the proposed changes to the certification rule. Comments must be submitted no later than December 23, 2015. Comments can be submitted via www.regulations.gov under docket number EPA-HQ-OPP-2011-0183.
A formal announcement of the 30-day extension to the comment period will be published in the Federal Register shortly.





EPA WPS Comparison of Revisions to Current Standard (pdf; 583KB)

more crops
Apples

Apples

Apricots

Apricots

Asian Pears

Asian Pears

Blueberries

Blueberries

Cherries

Cherries

Currants

Currants

Gooseberries

Gooseberries

Nectarines

Nectarines

Peaches

Peaches

Pears

Pears

Plums

Plums

Raspberries / Blackberries

Raspberries / Blackberries

Strawberries

Strawberries

Unusual Fruit

Unusual Fruit

more crops

Upcoming Events

2024 Tree Fruit & Small Fruit Twilight Meetings

Event Offers DEC Credits

April 25, 2024 : Tree Fruit & Small Fruit Twilight Meetings 1 of 4
Newark, NY

Join specialists Janet Van Zoeren, Anya Osatuke, and Anna Wallis for a conversation about fruit and berry phenology and pest management, at a new location each month.


Event Offers DEC Credits

May 30, 2024 : Tree Fruit & Small Fruit Twilight Meetings 2 of 4
Lockport, NY

Join specialists Janet Van Zoeren, Anya Osatuke, Robert Hadad, and Anna Wallis for a conversation about fruit and berry phenology, pest management, food safety and water quality, at a new location each month.


Event Offers DEC Credits

June 27, 2024 : Tree Fruit & Small Fruit Twilight Meetings 3 of 4
Penn Yan, NY

Join specialists Janet Van Zoeren, Anya Osatuke, Robert Hadad, and Anna Wallis for a conversation about fruit and berry phenology, pest management, food safety and water quality, at a new location each month.


Event Offers DEC Credits

July 25, 2024 : Tree Fruit & Small Fruit Twilight Meetings 4 of 4
Mexico, NY

Join specialists Janet Van Zoeren, Anya Osatuke, Robert Hadad, and Anna Wallis for a conversation about fruit and berry phenology, pest management, food safety and water quality, at a new location each month.

View 2024 Tree Fruit & Small Fruit Twilight Meetings Details

Apple Social

July 16, 2024 : Orleans County - Apple Social
Medina, NY

Please join us at this casual networking event for all apple industry folks from Western NY, proudly sponsored by Valent. There will just a brief introduction of the Lake Ontario Fruit Program, and from each of the four specialists.


July 31, 2024 : Wayne County - Apple Social
Williamson, NY

Please join us at this casual networking event for all apple industry folks from Western NY, proudly sponsored by Valent. There will just a brief introduction of the Lake Ontario Fruit Program, and from each of the four specialists.

View Apple Social Details

2nd Annual WNY Fruit Grower Tour

Event Offers DEC Credits

August 13, 2024
Medina, NY

We are excited to announce the second annual Western New York Fruit Grower Tour, the premier fruit tour of the northeast brought to you by Cornell Cooperative Extension's Lake Ontario Fruit Program and Lake Ontario Ag Consulting, LLC!  Located in Orleans County, this orchard field day will highlight new and existing products, chemistries, practices, technologies & equipment that shape the orchard industry today. The Western NY Fruit Grower Tour will again combine two past orchard tour events, the LOF Summer Fruit Tour and the Wayne County Fruit Grower Tour, giving industry members the opportunity to conveniently showcase their product offerings to ONE unified group at ONE time and place!

View 2nd Annual WNY Fruit Grower Tour Details

Announcements

Scaffolds podcast

Many of you probably read Art Agnello's statewide tree fruit updates and recommendations newsletter, "Scaffolds". Dr. Monique Rivera is bringing it back, but in a new audio version. Episode one was recorded this week, and is now available for free online at https://podcasters.spotify.com/pod/show/scaffolds


NYS Tree Decline Survey

Your answers could help find the solution to tree decline in the orchard.
NYS Tree Decline Survey


Save the Date! - Scroll down for Upcoming Events

Have you missed a meeting recently? Scroll down for available recordings or pdf links or visits our YouTube Channel https://www.youtube.com/c/LakeOntarioFruitProgram

2024 Events:

18 Jun - Postponed WNY Bilingual Soil Health & Beneficial Fungi Meeting - Check back for future reschedule date!

20 Jun - 2024 Virtual Orchard Meetup Series 'Water Wisdom" Smart Watering: Practices for Irrigation Management - 7PM, Zoom

25 Jun - Virtual IPM Orchard Scout Training 2 - 1:30 - 3pm, Zoom

27 Jun - Tree Fruit & Small Fruit Twilight Meeting 3_4 - 6:30pm-8:30PM, Penn Yan

27 Jun - 2024 Virtual Orchard Meetup Series 'Water Wisdom" Water Wisdom Unplugged: Panelist Q&A - 7PM, Zoom

29 Jun - NYS Honeyberry Conference - 8:30am - 4:30pm, Mexico, Space is limited, register now!

16 July - Apple Social - 6-9 PM, LynOaken Farm Market & Winery, Medina.

25 Jul - Tree Fruit & Small Fruit Twilight Meeting 4_4 - 6:30pm-8:30PM, Mexico

31 July - Apple Social - 6-9 PM, VanAcker Farms, Williamson.

13 Aug - 2nd Annual WNY Fruit Grower Tour - Orleans County

17 Aug - Annual Hispanic Summer Tour - Orleans County, Details to follow!

Feb 4-5, 2025 - Western NY Fruit Conference - DoubleTree by Hilton Hotel, Rochester



Food Safety Virtual Office Hours

Cornell Institute of Food Safety "Virtual Office Hours", Tuesdays Noon to 1pm https://cals.cornell.edu/institute-for-food-safety/resources/virtual-office-hours

Past recorded virtual office hours can be found on YouTube: https://www.youtube.com/playlist?list=PLZJs5b7KUuvfcquH3ZtQHo5dSmF2m5MdQ


Webinar Recordings & Additional Meeting Materials

Check out the recordings of some recent webinars and/or conference materials from in person events: Recordings and Playlists are available at https://www.youtube.com/c/LakeOntarioFruitProgram

2024 Virtual Orchard Meetup Series - Water Wisdom: 
1/4 - Trends In Water Availability
2/4 - The Role of Water In Tree Fruit Physiology & Quality
3/4 - Smart Watering: Practices for Irrigation Management


2024 8-12 mm Thinning Meeting

2024 Capital Region & Western NY Petal Fall Thinning Meeting

2024 Statewide Pink Meeting

2024 Cornell Statewide Frost Protection Webinar

2024 Winter Fruit Webinars playlist on the NYS IPM Program YouTube Channel

2nd Annual Lake Ontario Fruit Program's Winter Fruit Conference - 2024 pdfs

PACMAN Details and Resources, Meeting Recording Links below:
Developers Conference for Precision Crop Load Management of Apples Playlist - 2024
PACMAN Briefing - 2023








Pollinator Resouces

Now available Pollinator Resource Links


Meeting Recordings Now Available

Did you miss the recent meeting?  Check and see if we recorded it and added it to our website or Lake Ontario Fruit Program YouTube Channel.

Honeycrisp Meetup recordings available here.

Why are my trees growing so poorly? recording available here.

Additional Recorded Webinars listing with recording and resource link are available at
https://lof.cce.cornell.edu/submission.php?id=838&crumb=crops|crops|apples|crop*38



New Publication on Growing Pawpaws

Are you a fan of pawpaws? These custardy fruits can be hard to come across, so this guide provides information on how to grow your own pawpaw from seed, and how to care for grafted seedlings. Pdf on growing now available.​ https://lof.cce.cornell.edu/submission.php?id=799&crumb=crops|crops|unusual_fruit|crop*50

New Weed Management Technology Survey

Want to move away from herbicide reliance? Are you using novel technologies to manage weeds? We want to know about it to inform our weed science research. A team of weed scientists from University of California Davis, Oregon State University, and Cornell University are asking berry, tree fruit, tree nut, and vine crop growers to take 5 to 10 minutes and answer this short and anonymous survey. Weed Technology Survey link: https://cornell.ca1.qualtrics.com/jfe/form/SV_bEpfAijoP7puQDP

For more information on this survey please visit http://blogs.cornell.edu/swd1/2020/12/02/new-weed-management-technology/


Pollinator Webinar Series - Summer 2020

The Pollinator Webinar Series presented by Penn State cover bee health and pollination services.



Bloom Pesticides for Pollinator Health

A reference table created by Janet van Zoeren and Anna Wallis, is now available at https://lof.cce.cornell.edu/submission.php?id=711&crumb=pests|pests.

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