UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460

                                                   February 13, 1995
                                                     (date stamp)

  _MEMORANDUM_

SUBJECT:  Summary Guidance on Issuance of
          WPS Enforcement Actions

FROM:     Jessie Baskerville, Director
          Toxics and Pesticides Enforcement
          Office of Regulatory Enforcement

TO:       Regional Toxics and Pesticides Division Directors
          Regional Counsels
          Phil Benedict, Chairman, SFIREG
          Mary Ellen Setting, President, AAPCO

     The Agency recently received a request to clarify its
interpretation of the responsibility and liability provisions of
the Worker Protection Standard (WPS) regulations and to take the
same case by case approach as the other major Federal laws
protecting the interests of farm workers.  In response to this
request, we have attached a summary of ten factors which EPA
recommends be considered by States as they make determinations of
who should be held accountable for a given WPS violation.

     Please provide the attached "Summary Guidance on Issuance of
WPS Enforcement Actions" to the State Lead Agencies for their
consideration and use, consistent with the States' enforcement
response policies.  We will continue to work with the Regions and
States on any enforcement related questions which they may have.

     Please do not hesitate to call us if you have any questions
or comments concerning the attached summary guidance.

Attachment

cc:  Steven Herman
     Lynn Goldman
     Michael Stahl
     Scott Fulton
     Jim Aidala
     Robert Van Heuvelen
     Elaine Stanley
     Dan Barolo
     Regional Toxics and Pesticide Branch Chiefs

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

           [Attachment]
                                              February, 1995


                   Summary Guidance on Issuance of
            Worker Protection Standard Enforcement Actions

     This document provides summary guidance to clarify EPA's
interpretation of the responsibility and liability provisions of
the FIFRA Worker Protection Standard (WPS) regulations.  Under
FIFRA, the principal agricultural owner, as well as operator and
employer agents, all may be liable for a given WPS violation.

     Agricultural establishment owners, operators, and employers
are jointly responsible for providing WPS protections to workers
and for ensuring compliance with WPS requirements.  During WPS
implementation, however, EPA recommends that a common sense, case-
by-case approach be used in determining the appropriate
recipient(s) of a WPS enforcement action.

     To provide further clarification and assistance in
determining the appropriate recipient(s) of a WPS enforcement
action, the Agency recommends that State Lead Agencies consider
the following ten factors:

     1)   Who has control over pesticide use;
     2)   Who directs pesticide use;
     3)   Who has control over the agricultural establishment for
          posting and other WPS-related responsibilities;
     4)   Who gives direction on the agricultural establishment
          for posting and other WPS-related responsibilities;
     5)   Who has control over the practices used by agricultural
          workers on the establishment;
     6)   Who directs the practices used by the agricultural
          workers on the establishment;
     7)   Measures taken to comply with provisions of the WPS;
     8)   Actions taken in response to incidents of
          noncompliance;
     9)   History of prior violations; and
    10)   Ability to assure continuing compliance with the WPS.

     The totality of the circumstances should be considered in
each case.  The above factors are not listed in any order of
priority; each factor should be appropriately considered in
every case.  Documentation by agricultural owners/operators/
employers could assist them in demonstrating to State regulatory
officials, their efforts to comply and their responses to instances
of noncompliance