Proposed Rule2022-02543
Pesticides; Certification of Pesticide Applicators; Further Extension to Expiration Date of Certification Plans
Primary source
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Published
February 7, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to extend the deadline by which Federal, State, territory, and tribal certifying authorities with existing certification plans are required to revise their existing certification plans to conform with the updated Federal standards for the certification of applicators of restricted use pesticides (RUPs) up to but not longer than November 4, 2024. Federal, State, territory, and tribal certifying authorities with existing certification plans are required to revise their existing certification plans to conform with the updated Federal standards for the certification of applicators of RUPs and the regulations established the deadline by which the existing plans are set to expire unless the revised plans are approved by the Agency. EPA is proposing this extension to allow additional time for proposed certification plan modifications to continue being reviewed and approved by EPA without interruption to Federal, State, territory, and tribal certification programs or to those who are certified to use RUPs under those programs.
Full Text
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<title>Federal Register, Volume 87 Issue 25 (Monday, February 7, 2022)</title>
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[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Proposed Rules]
[Pages 6821-6827]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02543]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 171
[EPA-HQ-OPP-2021-0831; FRL-9134.1-01-OCSPP]
RIN 2070-AL01
Pesticides; Certification of Pesticide Applicators; Further
Extension to Expiration Date of Certification Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
extend the deadline by which Federal, State, territory, and tribal
certifying authorities with existing certification plans are required
to revise their existing certification plans to conform with the
updated Federal standards for the certification of applicators of
restricted use pesticides (RUPs) up to but not longer than November 4,
2024. Federal, State, territory, and tribal certifying authorities with
existing certification plans are required to revise their existing
certification plans to conform with the updated Federal standards for
the certification of applicators of RUPs and the regulations
established the deadline by which the existing plans are set to expire
unless the revised plans are approved by the Agency. EPA is proposing
this extension to allow additional time for proposed certification plan
modifications to continue being reviewed and approved by EPA without
interruption to Federal, State, territory, and tribal certification
programs or to those who are certified to use RUPs under those
programs.
DATES: Comments must be received on or before March 9, 2022.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2021-0831, using the Federal eRulemaking Portal
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for
submitting comments. Do not submit electronically any information you
consider to be Confidential Business Information (CBI)
[[Page 6822]]
or other information whose disclosure is restricted by statute.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Carolyn Schroeder, Pesticide Re-
Evaluation Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 566-2376; email address:
<a href="/cdn-cgi/l/email-protection#98ebfbf0eaf7fdfcfdeab6fbf9eaf7f4e1f6d8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="6516060d170a000100174b0604170a091c0b250015044b020a13">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you are a
Federal, State, territory, or tribal agency who administers a
certification program for pesticides applicators. You many also be
potentially affected by this action if you are: A registrant of RUP
products; a person who applies RUPs, including those under the direct
supervision of a certified applicator; a person who relies upon the
availability of RUPs; someone who hires a certified applicator to apply
an RUP; a pesticide safety educator; or other person who provides
pesticide safety training for pesticide applicator certification or
recertification. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
<bullet> Agricultural Establishments (Crop Production) (NAICS code
111);
<bullet> Nursery and Tree Production (NAICS code 111421);
<bullet> Agricultural Pest Control and Pesticide Handling on Farms
(NAICS code 115112);
<bullet> Crop Advisors (NAICS codes 115112, 541690, 541712);
<bullet> Agricultural (Animal) Pest Control (Livestock Spraying)
(NAICS code 115210);
<bullet> Forestry Pest Control (NAICS code 115310);
<bullet> Wood Preservation Pest Control (NAICS code 321114);
<bullet> Pesticide Registrants (NAICS code 325320);
<bullet> Pesticide Dealers (NAICS codes 424690, 424910, 444220);
<bullet> Industrial, Institutional, Structural & Health Related
Pest Control (NAICS code 561710);
<bullet> Ornamental & Turf, Rights-of-Way Pest Control (NAICS code
561730);
<bullet> Environmental Protection Program Administrators (NAICS
code 924110); and
<bullet> Governmental Pest Control Programs (NAICS code 926140).
B. What is the Agency's authority for taking this action?
This action is issued under the authority of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136-136y,
particularly sections 136a(d), 136i, and 136w.
C. What action is the Agency taking?
This action proposes to extend the expiration date for existing
certification plans at 40 CFR 171.5(c) for up to but not longer than 2-
years. No other changes to the certification standards and requirements
specified in 40 CFR part 171 are being proposed in this rulemaking.
D. Why is the Agency taking this action?
Without the proposed deadline extension, Federal, State, territory,
and tribal certification programs will expire if their revised
certification plans are not approved by the recently modified
regulatory deadline of November 4, 2022 (Ref. 1). Applicators formerly
certified under such plans will no longer be allowed to use RUPs. While
EPA anticipates that all plans will have been reviewed and returned to
the certifying authorities for further revision by February 2022, the
recent extension of eight months (which extended the original deadline
of March 4, 2022 to November 4, 2022) may not be sufficient time for
all certifying authorities to respond to EPA comments and complete
approvable certification plans, or for EPA to work closely with the
certifying authorities to assure that their proposed certification plan
modifications meet current Federal standards.
EPA expects that some plans will be approved in early 2022, with
more to follow by November 2022. Although significant progress has been
made in the development of revised plans and EPA's subsequent reviews,
COVID-19 resource constraints have impacted the time certifying
authorities have had to respond to EPA's comments and the Agency's
ability to work with certifying authorities to assure that their plans
are approvable by the regulatory deadline. Further collaboration may
still be needed between EPA and the certifying authorities to finalize
and approve all plans. EPA intends to work expeditiously toward
approving and supporting the implementation of plans that meet the
current Federal standards during the extension and intends to provide
periodic notifications to the public when those approvals have
occurred. No other changes to the certification standards and
requirements specified in 40 CFR part 171 are being made in this
rulemaking.
EPA finds that an additional extension of the deadline will likely
be needed to assure that certified applicators in some parts of the
country will continue to be authorized to use RUPs without interruption
and to provide certifying authorities with adequate time to review and
respond to EPA comments on their plans. The proposed extension will
also provide additional time that was initially lost due to COVID-19
for EPA to work more closely with the certifying authorities to address
any remaining feedback and work toward approving their certification
plans.
E. What are the incremental impacts of this action?
Incremental impacts of the proposed extension of the regulatory
deadline are generally positive because the extension provides
certifying entities and EPA with more time to ensure that modified
plans meeting the minimum Federal requirements are in place, while
failure to extend the regulatory deadline would likely have significant
adverse impacts on the certifying authorities, the economy, public
health, and the environment (see discussion in Unit III.B.).
EPA uses information from the 2017 certification rule (Ref. 2),
which mandates the expiration of existing certification plans unless
EPA approves revised certification plans, to assess the incremental
economic impacts of this proposed rule to extend the recently modified
deadline of November 4, 2022 (Ref. 1), up to November 4, 2024. The
impacts of the proposed extension are that the implementation costs
borne by the certifying authorities will be expended over an additional
period of time and some of the costs to commercial and private
applicators may be delayed. Some of the benefits of the rule (e.g.,
reduction in acute illnesses from pesticide poisoning) are foregone as
the implementation of some plans may be delayed while EPA works with
the certifying authorities toward approval of their revised
certification plans.
[[Page 6823]]
1. Cost to certifying authorities. The 2017 rule provided a
compliance period for certifying authorities to develop, obtain
approval, and implement any new procedures, regulations, or statutes to
meet the new Federal standards. The 2017 rule further provided that
existing plans could remain in effect after March 4, 2022, which was
recently extended to November 4, 2022 (Ref. 1), only to the extent
specified in EPA's approval of a modified certification plan; EPA did
not explicitly set a date for full implementation of the new programs.
Certifying authorities can begin implementing their revisions to their
programs when they are approved by EPA; portions of revised
certification programs may be implemented in advance of plan approvals
when in compliance with the 2017 rule requirements. All certifying
authorities submitted their draft revised certification plans to EPA by
the March 2020 deadline and the draft plans are undergoing review at
EPA. Shortly after the March 2020 deadline, the COVID-19 public health
emergency disrupted the expected schedule of the EPA's review and
approval of the draft plans. EPA and certifying authorities could not
put the amount of effort into this part of the rule implementation that
was originally anticipated, as they had to divert their resources to
address pandemic-related issues. Thus, only part of the cost to
certifying authorities estimated in the 2017 rule has presently been
incurred and some of the cost will be expended during the additional
extension period. Therefore, this proposed rule is not expected to
significantly change the costs to certifying authorities estimated in
the 2017 Economic Analysis (EA) (Ref. 3).
2. Cost to certified applicators. The other sectors affected by the
2017 rule (e.g., commercial and private applicators) do not incur any
costs until revised certification plans take effect. Once the revised
plans take effect, the 2017 EA estimated that commercial applicators
and private applicators would incur annualized costs of $16.2 million
and $8.6 million, respectively, to meet the new certification
standards. Some of these costs could be delayed as some of the revised
plans are approved and implemented over a longer period of time. Not
all costs to certified applicators will be delayed, as EPA expects that
some plans will be approved in early 2022, with more to follow by
November 2022. Moreover, some certifying authorities have or will be
able to start implementing changes conforming to the 2017 rule before
their plan's approval.
3. Potentially delayed benefits of the 2017 rule. The delay in the
approval of revised certification plans may also delay some benefits
that would have otherwise accrued if certification plans were approved
and implemented by the deadline established in the 2017 rule, as
assessed in the 2017 EA. In 2017, EPA estimated that implementing the
new Federal certification requirements would reduce acute illness
caused by exposure to RUPs, based on an analysis of pesticide incidents
assuming that about 20% of poisonings are reported (a plausible
estimate based on the available literature regarding occupational
injuries or chemical poisoning incidents). Incidents may result in
harms to applicators, persons in the vicinity, and the environment.
Reported incidents most commonly cite exposure to the applicator or
farmworkers in adjacent areas. Based on avoided medical costs and lost
wages, the annualized benefits of the rule were estimated to be between
$51.1 and $94.4 million. In addition, EPA expected that improved
training would also reduce chronic illness among applicators from
repeated RUP exposure and would benefit the public from better
protections from RUP exposure when occupying treated buildings or
outdoor spaces, consuming treated food products, and reducing the
impact on non-target plants and animals. To the extent that this rule
delays implementation of the 2017 rule, it will delay accrual of some
of those benefits.
Not all the benefits of certification plan revisions will be
delayed for a period of time up to November 4, 2024, however, since
some programs have been or will be able to start implementing changes
sooner. Certifying authorities can begin implementing their revisions
to their programs as soon as they are approved by EPA. Plan approvals
are anticipated to begin in early 2022 and will continue on a rolling
basis through the recently extended November 2022 date while this
action goes through standard rulemaking procedures. In some
jurisdictions, portions of revised certification programs are presently
being implemented and in compliance with or exceeding the 2017 rule
requirements, such as imposing minimum age requirements and updating
manuals and exam administration procedures, so some benefits are
already being realized in advance of full plan approvals. Additionally,
some certifying authorities were forced to make changes to their
existing certification programs to accommodate COVID-19 protocols, all
of which were required to meet or exceed the new requirements and
standards established in the 2017 rule.
Without the extension, however, benefits of the 2017 rule would not
be fully realized. The impact of plans expiring absent EPA's approval
of modified plans has far-reaching implications across many business
sectors, including but not limited to the agricultural sector,
importation and exportation business, and structural pest control
(e.g., termite control), and could potentially impact all communities
and populations throughout the U.S. in various ways as discussed in
Unit I.E.4. In addition to the potential delay of benefits that would
result from this extension, EPA and certifying authorities have already
invested significant resources in the preparation and review of plan
modification that would fully implement the 2017 rule. It is EPA's
considered judgement that the sunk cost of these investments, taken
together with the significant costs of not extending the deadline as
discussed in Unit I.E.4., outweigh the delayed benefits. EPA will
continue to work expeditiously with certifying authorities to review
and approve plans on a rolling basis. EPA's ongoing collaboration with
the certifying authorities, which was significantly impacted by the
COVID-19 pandemic, will result in modified plans that are protective of
the environment and human health, including the health of certified
pesticide applicators and those under their direct supervision, and
will ensure that certified applicators are trained to prevent bystander
and worker exposures as contemplated in the 2017 rule.
4. Costs of not extending the deadline. If the existing regulatory
deadline is not extended further, it is likely that EPA will be unable
to approve some of the State, territory, tribal, and other Federal
agency certification plans that may still need additional work and/or
coordination beyond the recently revised November 4, 2022 deadline,
resulting in termination of these plans. EPA would have to take
responsibility for administering certification programs for a portion
of the country. A gap in coverage will likely exist between when
certification plans expire and when EPA can fully implement EPA-
administered certification programs, resulting in RUPs being
unavailable for use in many places during the 2023 growing season and
potentially through the end of 2023 or longer. It is also unlikely that
EPA's certification programs would offer the same availability and
convenience as those offered by State, territorial, and tribal
certifying authorities, so some applicators could face higher costs or
be
[[Page 6824]]
unable to obtain certification to apply RUPs. Once the EPA-administered
certification plans are in place, they may in some cases be less
protective than State plans would be, as many State plans include
requirements that are more protective than the EPA minimum requirements
and these benefits will be lost if the deadline is not extended, and
EPA takes over parts of the country's certification programs.
Furthermore, the expiration of certification plans could lead to
confusion and potential enforcement issues when certifications that
were formerly valid suddenly expire. It is also unlikely that EPA's
certification programs could offer the depth of specialization found in
many State, territorial and tribal certifying programs, which may be
tailored to the particular pest control and human health needs commonly
found in these localities. Thus, applicators certified under EPA
programs would only be assessed for competency at the minimum Federal
standards and may not receive the specialized training that State,
territorial, and tribal certifying authorities often provide. In
addition, many States require professional applicators to be trained
and licensed to apply general use pesticides and it is unclear to what
extent States would be able to support those programs if they were to
lose authority to certify RUP applicators.
Additionally, EPA would be compelled to expend time and resources
in establishing the infrastructure to administer these certification
programs, which would further delay coordination with certifying
authorities whose plans were either approved and would be in the
process of being implemented or are awaiting approval. This is likely
to cause significant disruption for agricultural, commercial, and
governmental users of RUPs, and could have consequences for pest
control in a broad variety of areas, including but not limited to the
control of public health pests (e.g., mosquito control programs), pests
that impact agriculture and livestock operations, structural pests
(e.g., termite control), pests that threaten State and national
forests, and pests in containerized cargo. Applicators who use RUPs
could lose work and income as a result.
F. Request for Comments
While EPA expects a significant amount of progress to be made
leading up to the recently revised expiration date of November 4, 2022,
EPA anticipates that additional time may be needed for some certifying
authorities to revise their plans based on EPA's feedback and for EPA
to approve those plans. This proposed rule provides an opportunity for
stakeholders to submit comments on an additional extension to the
expiration date for existing plans, and to include in their comments
specific information detailing the necessity for or concerns over such
an extension. EPA is proposing an extension up to but not longer than
November 4, 2024, but the Agency is interested in receiving information
on the appropriate length of time to approve revised certification
plans. During this comment period, EPA expects that certifying
authorities and other interested stakeholders will be able to provide
more information on the efforts, issues, and concerns within each
certifying authority's jurisdiction, the potential impacts of delayed
certification plans, and the consequences of existing plans expiring
without a new certification plan in effect. Any comments submitted in
response to the interim final rule that previously extended the
deadline (Ref. 1) will also be considered in the development of this
rulemaking.
G. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
<a href="https://www.regulations.gov">https://www.regulations.gov</a> or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI in a disk or CD-ROM
that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. Background
On December 20, 2021, EPA issued an interim final rule that
extended the original expiration date from March 4, 2022 to November 4,
2022 (Ref. 1). Unit II. of the interim final rule's preamble provides a
summary of the 2017 Certification of Pesticide Applicators final rule
and related background, as well as a robust discussion of the various
circumstances that prompted the extension and the rationale the Agency
cited for issuing the interim final rule.
The interim final rule extended the expiration date an additional 8
months beyond the original regulatory deadline of March 4, 2022. This
time-limited extension was intended to give all certifying authorities
additional time to respond to reviews and feedback provided by EPA that
had been delayed and impacted by the COVID-19 public health emergency.
All of the plans are expected to have been returned to the certifying
authorities by February 2022. The extension also provided more time for
EPA and certifying authorities to work together to address any
remaining issues and for EPA to ultimately approve the certifying
authorities' plans. EPA's 8-month extension was necessary to provide
EPA with sufficient time to make as much progress toward approving
modified certification plans while the Agency simultaneously developed
rulemaking for public comment on the need for and appropriate length of
a longer extension, taking into account both APA and FIFRA rulemaking
requirements. The additional 8 months also provides EPA with an
opportunity to assess the status of plan approvals once all plans have
been returned to the certifying authorities in February 2022 up to the
revised expiration date of November 4, 2022. The existing
certifications plans are set to expire on November 4, 2022, unless the
modified plans are approved by EPA and the approved plans specify the
time needed to fully implement the revisions identified, or
alternatively, if EPA issues another extension based on the need and
results of the public comment period for this rulemaking.
III. Provisions of This Proposed Rule
A. Proposed New Deadline for Certification Plan Approvals
EPA is proposing that the deadline for amended certification plans
to be approved without interruption to the existing certification
plans, as provided in 40 CFR 171.5(c), be changed up to but not longer
than November 4, 2024. Additional time is likely necessary to assure
that all the certifying authorities have had enough time to present
approvable certification plans, and for EPA to work more closely with
the Federal, State, territory, and tribal agencies on necessary
modifications, and ultimately approve the certification plans. As some
certifying authorities are close to completing their revisions and
receiving EPA approval on their plans, EPA anticipates that
certification plan approvals will begin in early 2022 and will continue
on a rolling basis through
[[Page 6825]]
the recently extended November 2022 date while this action goes through
notice-and-comment rulemaking procedures. EPA anticipates that notice
of certification plan approvals will be periodically provided to the
public in batched notices in the Federal Register and on EPA's website
as they are approved. However, EPA is proposing this additional
extension up to but not longer than November 4, 2024, because some
certifying authorities and EPA may need more time to collaborate on and
address issues raised during EPA's review of the plans.
B. Need for Extending the Existing Plans' Expiration Date
An extension of the expiration date for existing certification
plans is likely needed to ensure that Federal, State, territory, and
tribal agencies have sufficient time to revise their certification
plans in response to EPA's feedback on their draft certification plans.
On December 20, 2021, EPA issued an interim final rule that extended
the original expiration date of existing plans from March 4, 2022, to
November 4, 2022 (Ref. 1). However, absent an additional extension of
this deadline, State, territory, tribal, and other Federal agency
certification programs without an approved revised plan could
terminate, causing severe disruption for agricultural, commercial, and
governmental users of RUPs.
While Unit II. of the preamble in the interim final rule (Ref. 1)
included a robust discussion of the circumstances necessitating the
extension of the expiration date of existing plans from March 2022 to
November 2022, there may not be sufficient time to ensure that all
modified plans submitted to EPA are able to obtain approval prior to
the expiration of existing plans (Ref. 1). EPA's process for approving
modified plans involves extensive coordination between certifying
authorities, EPA regional offices, and EPA Headquarters. Many of the
States, territories, and tribes that have submitted modified plans for
EPA approval are required to make statutory and regulatory changes that
often involve a long and complex legislative process and public comment
procedures. Many of these plans also contain State, territory, or
tribal-specific issues that require individualized attention and
coordination with EPA. Further, many certifying authorities have
proposed implementation timelines that account for changes in the
infrastructure of existing certification programs, such as revisions to
current RUP applicator certification exam standards and training
manuals. As explained in the interim final rule, the COVID-19 public
health emergency delayed or impeded the process of EPA's coordination
with certifying authorities on these changes, thereby necessitating an
extension of the deadline for expiration of existing plans (Ref. 1).
Failure to extend the regulatory deadline to provide enough time for
certifying authorities to respond to EPA's feedback and for EPA to
approve those revisions would result in the expiration of certification
programs without approved plans, which would significantly limit access
to certification and would thereby limit access to RUPs that are
necessary for various industries that rely upon pest control.
If EPA is unable to further extend the regulatory deadline for
approved certification plans as needed, any existing certification
plans that remain in effect pending EPA's approval of submitted
certification plan modifications will expire on November 4, 2022, in
which case 7 U.S.C. 136i(a) requires that EPA provide RUP applicator
certification programs in States (including territories) where a State
certification plan is not approved. If EPA were to take on the burden
of administering certification programs for parts of the country, it
would draw resources away from other important Agency priorities,
including implementation support of certification plans that are
approved before the November 4, 2022 deadline. In addition, it would
take significant time and resources to set up the infrastructure for
such Federal certification programs and to train, test, and certify
applicators, which would likely result in RUP use being curtailed in
affected parts of the country. Moreover, once EPA-administered
certification programs are established, it is unlikely that they would
operate at the same capacity as existing programs, but rather, would
provide fewer and less localized opportunities for applicators to
satisfy certification requirements. As a result, significant adverse
effects are expected on the pest control industry if current plans
expire, as existing certifications will no longer be valid and will
need to be replaced with Federal certifications. This could create
economic and public health ramifications in a wide range of sectors
such as agricultural commodity production, public health pest control,
and industrial, institutional, and structural pest control. For
agriculture, it is unlikely that EPA would be able to establish these
Federal certification programs before the start of the 2023 growing
season, which would have potentially devastating impacts on the
agricultural sector in parts of the country. RUP access in this
scenario would be minimal for most, if not all, of the 2023 growing
season, and significant disruptions could extend even further.
IV. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the person
listed under FOR FURTHER INFORMATION CONTACT.
1. EPA. Pesticides; Certification of Pesticide Applicators;
Extension to Expiration Date of Certification Plans; Interim Final
Rule. Federal Register. 86 FR 71831, December 20, 2021 (FRL 9134-02-
OCSPP).
2. EPA. Pesticides; Certification of Pesticide Applicators; Final
Rule. Federal Register. 82 FR 952, January 4, 2017 (FRL-9956-70).
3. EPA. Economic Analysis of the Final Amendments to 40 CFR part
171: Certification of Pesticide Applicators [RIN 2070-AJ20].
December 6, 2016. Docket ID No. EPA-HQ-OPP-2011-0183-0807.
4. EPA. Pesticides; Certification of Pesticide Applicators; Further
Extension to Expiration Date of Certification Plans; Submission to
the Secretary of Agriculture. Federal Register. 87 FR 3738, January
25, 2022 (FRL-9134.1-02-OCSPP).
V. FIFRA Review Requirements
In accordance with FIFRA section 25(a), EPA submitted a draft of
this proposed rule to the United States Department of Agriculture
(USDA) (Ref. 4) and to the appropriate Congressional Committees.
USDA responded without comments. The FIFRA Scientific Advisory
Panel (SAP) waived review of this proposed rule, concluding that the
proposed rule does not contain issues that warrant scientific review by
the SAP.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action under Executive
Order 12866 (58
[[Page 6826]]
FR 51735, October 4, 1993) and was submitted to the Office of
Management and Budget (OMB) for review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011). Any changes made in response to
OMB recommendations have been reflected in the docket for this action.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection
activities or burden subject to OMB review and approval under the PRA,
44 U.S.C. 3501 et seq. Burden is defined in 5 CFR 1320.3(b). OMB has
previously approved the information collection activities contained in
the existing regulations and associated burden under OMB Control
Numbers 2070-0029 (EPA ICR No. 0155) and 2070-0196 (EPA ICR No. 2499).
An agency may not conduct or sponsor, and a person is not required to
respond to a collection of information that requires OMB approval under
PRA, unless it has been approved by OMB and displays a currently valid
OMB control number. The OMB control numbers for EPA's regulations in
title 40 of the CFR, after appearing in the Federal Register, are
listed in 40 CFR part 9, and included on the related collection
instrument or form, if applicable.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, EPA concludes that the
impact of concern for this rule is any significant adverse economic
impact on small entities. This rulemaking primarily affects Federal,
State, territory, and tribal agencies who administer a certification
program for pesticides applicators, which do not qualify as small
entities under the RFA. In addition, this rulemaking may potentially
affect other entities that may qualify as a small entity under the RFA,
e.g., companies that are registrants of RUP products; a person who
applies RUPs, including those under the direct supervision of a
certified applicator; a person who relies upon the availability of
RUPs; someone who hires a certified applicator to apply an RUP; a
pesticide safety educator; or other persons who provides pesticide
safety training for pesticide applicator certification or
recertification.
The Agency is certifying that this rulemaking will not have a
significant economic impact on a substantial number of small entities
because the rule would relieve regulatory burden for potentially
affected small entities. Without the proposed deadline extension,
modified certification programs that are not approved by the recently
modified regulatory deadline of November 4, 2022, will expire, and
applicators formerly certified under such plans will no longer be
allowed to use RUPs. This action proposes to extend the expiration date
for existing certification plans to allow more time for certifying
authorities to respond to EPA comments and for EPA to work with the
certifying authorities to assure that their proposed certification plan
modifications meet current Federal standards. EPA has therefore
concluded that this action would relieve regulatory burden for all
directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any State,
local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes. Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997),
as applying only to those regulatory actions that concern environmental
health or safety risks that the EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not subject to Executive Order 13045, because it does not
concern an environmental health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This is not a ``significant energy action'' as defined in Executive
Order 13211 (66 FR 28355, May 22, 2001), because it is not likely to
have a significant adverse effect on the supply, distribution or use of
energy and has not otherwise been designated by the Administrator of
the Office of Information and Regulatory Affairs as a significant
energy action.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards. As such, NTTAA
section 12(d), 15 U.S.C. 272 note, does not apply to this action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14008: Tackling the Climate Crisis at Home and Abroad
In accordance with Executive Order 12898 (59 FR 7629, February 16,
1994) and Executive Order 14008 (86 FR 7619, January 27, 2021), EPA
finds that this action will not result in disproportionately high and
adverse human health, environmental, climate-related, or other
cumulative impacts on disadvantaged communities, as well as the
accompanying economic challenges of such impacts during this
administrative action to extend the expiration date. This extension
will provide EPA and the certifying authorities an opportunity to
finalize the revised certification plans, ensuring that the increased
protections identified in the 2017 rule are realized for all affected
populations. EPA will continue to work expeditiously with certification
authorities to review and approve plans on a rolling basis. This
engagement, which was impacted by the COVID-19 public health emergency,
will ensure the modified plans are appropriately protective of
certified pesticide applicators and those under their direct
supervision, and will ensure that certified applicators are trained to
prevent bystander and worker exposures.
List of Subjects in 40 CFR Part 171
Environmental protection, Applicator competency, Agricultural
worker safety, Certified applicator, Pesticide safety
[[Page 6827]]
training, Pesticide worker safety, Pesticides and pests, Restricted use
pesticides.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, for the reasons set forth in the preamble, EPA proposes
to amend 40 CFR chapter I as follows:
PART 171--CERTIFICATION OF PESTICIDE APPLICATORS
0
1. The authority citation for part 171 is revised to read as follows:
Authority: 7 U.S.C. 136-136y.
Sec. 171.5 Effective Date.
0
2. Amend Sec. 171.5 by revising paragraph (c) to read as follows:
* * * * *
(c) Extension of an existing plan during EPA review of proposed
revisions. If by March 4, 2020, a certifying authority has submitted to
EPA a proposed modification of its certification plan pursuant to
subpart D of this part, its certification plan approved by EPA before
March 6, 2017 will remain in effect until EPA has approved or rejected
the modified plan pursuant to Sec. 171.309(a)(4) or November 4, 2024,
whichever is earlier, except as provided in paragraph (d) of this
section and Sec. 171.309(b).
* * * * *
[FR Doc. 2022-02543 Filed 2-4-22; 8:45 am]
BILLING CODE 6560-50-P
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