[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR170.110]



[Page 211-212]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 170_WORKER PROTECTION STANDARD--Table of Contents

 

                     Subpart B_Standard for Workers

 

Sec.  170.110  Restrictions associated with pesticide applications.



    (a) Farms and forests. During the application of any pesticide on a 

farm or in a forest, the agricultural employer shall not allow or direct 

any person, other than an appropriately trained and equipped handler, to 

enter or to remain in the treated area.

    (b) Nurseries. In a nursery, during any pesticide application 

described in column A of Table 1 of this paragraph, the agricultural 

employer shall not allow or direct any person, other than an 

appropriately trained and equipped handler, to enter or to remain in the 

area specified in column B of Table 1 of this paragraph. After the 

application is completed, until the end of any restricted-entry 

interval, the entry-restricted area is the treated area.



      Table 1--Entry-Restricted Areas in Nurseries During Pesticide

                              Applications

------------------------------------------------------------------------

                                              B. Workers are Prohibited

   A. During Application of a Pesticide:                 in:

------------------------------------------------------------------------

(1)(a) Applied:                              Treated area plus 100 feet

                                              in all directions on the

                                              nursery

    (i) Aerially, or

    (ii) In an upward direction, or

    (iii) Using a spray pressure greater

     than 150 psi, or

  (b) Applied as a:

    (i) Fumigant, or

    (ii) Smoke, or

    (iii) Mist, or

    (iv) Fog, or

    (v) Aerosol.

(2)(a) Applied downward using:               Treated are plus 25 feet in

                                              all directions on the

                                              nursery

    (i) A height of greater than 12 inches

     from the planting medium, or

    (ii) A fine spray, or

    (iii) A spray pressure greater than 40

     psi and less than 150 psi.

  (b) Not as in 1 or 2(a) above but for

   which a respiratory protection device is

   required for application by the product

   labeling.

(3) Applied otherwise.                       Treated area

------------------------------------------------------------------------



    (c) Greenhouses. (1) When a pesticide application described in 

column A of Table 2 under paragraph (c)(4) of this section takes place 

in a greenhouse, the agricultural employer shall not allow or direct any 

person, other than an appropriately trained and equipped handler, to 

enter or to remain in the area specified in column B of Table 2 until 

the time specified in column C of Table 2 has expired.

    (2) After the time specified in column C of Table 2 under paragraph 

(c)(4) of this section has expired, until the expiration of any 

restricted-entry interval, the agricultural employer shall not allow or 

direct any worker to enter or to remain in the treated area as specified 

in column D of Table 2 under paragraph (c)(4) of this section, except as 

provided in Sec.  170.112.

    (3) When column C of Table 2 under paragraph (c)(4) of this section 

specifies that ventilation criteria must be met, ventilation shall 

continue until the air concentration is measured to be equal to or less 

than the inhalation exposure level the labeling requires to be achieved. 

If no inhalation exposure level is listed on the labeling, ventilation 

shall continue until after:

    (i) Ten air exchanges are completed; or

    (ii) Two hours of ventilation using fans or other mechanical 

ventilating systems; or

    (iii) Four hours of ventilation using vents, windows or other 

passive ventilation; or

    (iv) Eleven hours with no ventilation followed by 1 hour of 

mechanical ventilation; or

    (v) Eleven hours with no ventilation followed by 2 hours of passive 

ventilation; or

    (vi) Twenty-four hours with no ventilation.



[[Page 212]]



    (4) The following Table 2 applies to paragraphs (c) (1), (2), and 

(3) of this section.



                  Table 2--Greenhouse Entry Restrictions Associated With Pesticide Applications

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                                                                                         D. After the Expiration

                                                                                           of Time in Column C

                                            B. Workers are                                Until the Restricted-

   A. When a Pesticide is Applied:          Prohibited in:             C. Until:         Entry Interval Expires,

                                                                                           the Entry-Restricted

                                                                                                 Area is:

----------------------------------------------------------------------------------------------------------------

(1) As a fumigant                      Entire greenhouse plus   The ventilation          No entry restrictions

                                        any adjacent structure   criteria of paragraph    after criteria in

                                        that cannot be sealed    (c)(3) of this section   column C are met

                                        off from the treated     are met

                                        area

(2) As a                               Entire enclosed area     The ventilation          Entire enclosed area is

                                                                 criteria of paragraph    the treated area

                                                                 (c)(3) of this section

                                                                 are met

  (i) Smoke, or

  (ii) Mist, or

  (iii) Fog, or

  (iv) Aerosol

(3) Not in 1 or 2 above, and for       Entire enclosed area     The ventilation          Treated area

 which a respiratory protection                                  criteria of paragraph

 device is required for application                              (c)(3) of this section

 by the product labeling                                         are met

(4) Not in 1, 2, or 3 above, and:      Treated area plus 25     Application is complete  Treated area

                                        feet in all directions

                                        in the enclosed area

  (i) From a height of greater than

   12 in. from the planting medium,

   or

  (ii) As a fine spray, or

  (iii) Using a spray pressure

   greater than 40 psi

(5) Otherwise                          Treated area             Application is complete  Treated area

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