Notice2023-21997
Notice of Approval Status; EPA Plan for the Federal Certification of Applicators Within Indian Country
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 4, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is announcing its approval of the revised EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country (2023 EPA Plan). The 2023 EPA Plan is specific to the use of restricted use pesticides (RUPs) in Indian country. Because of limitations in Certification of Pesticide Applicators Rule (CPA Rule), RUPs may not be used legally in Indian country unless the Tribe has an EPA-approved certification plan, the Tribe has entered into an agreement with EPA, or EPA has issued a Federal certification plan for Indian country. The 2023 EPA Plan supersedes the 2014 EPA Plan and ensures applicators in Indian country have the competence needed to use RUPs. The amended plan is consistent with the existing regulatory requirements, including revisions made in 2017 to enhance and improve the competency of certified applicators of RUPs and persons working under their direct supervision. The 2017 regulatory revisions are intended to further reduce potential exposure of RUPs to certified applicators and those working under their direct supervision, other workers, the public, and the environment. Federal, State, Territory, and Tribal certifying authorities with existing certification plans were required to revise their existing plans to conform with the updated Federal standards for RUP applicator certification and receive EPA approval by the established regulatory deadline.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 191 (Wednesday, October 4, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68604-68606]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21997]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0509 and EPA-HQ-OPP-2011-0037; FRL-7661-04-OCSPP]
Notice of Approval Status; EPA Plan for the Federal Certification
of Applicators Within Indian Country
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is announcing its
approval of the revised EPA Plan for the Federal Certification of
Applicators of Restricted Use Pesticides within Indian Country (2023
EPA Plan). The 2023 EPA Plan is specific to the use of restricted use
pesticides (RUPs) in Indian country. Because of limitations in
Certification of Pesticide Applicators Rule (CPA Rule), RUPs may not be
used legally in Indian country unless the Tribe has an EPA-approved
certification plan, the Tribe has entered into an agreement with EPA,
or EPA has issued a Federal certification plan for Indian country. The
2023 EPA Plan supersedes the 2014 EPA Plan and ensures applicators in
Indian country have the competence needed to use RUPs. The amended plan
is consistent with the existing regulatory requirements, including
revisions made in 2017 to enhance and improve the competency of
certified applicators of RUPs and persons working under their
[[Page 68605]]
direct supervision. The 2017 regulatory revisions are intended to
further reduce potential exposure of RUPs to certified applicators and
those working under their direct supervision, other workers, the
public, and the environment. Federal, State, Territory, and Tribal
certifying authorities with existing certification plans were required
to revise their existing plans to conform with the updated Federal
standards for RUP applicator certification and receive EPA approval by
the established regulatory deadline.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: The designated EPA points of
contact for the 2023 EPA Plan as listed in Table 1 of Unit I.B.
For general information contact: Carolyn Schroeder, Pesticide Re-
Evaluation Division (7508M), 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#f784949f859892939285d9949685989b8e99b7928796d9909881"><span class="__cf_email__" data-cfemail="11627279637e747574633f7270637e7d687f517461703f767e67">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by or interested in this action if
you are a Federal, State, Territory, or Tribal agency who administers a
certification program for pesticides applicators. You may also be
potentially affected by or interested in 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).
<bullet> Governmental Pest Control Programs (NAICS code 926140).
If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.
B. How can I get copies of this document and other related information?
This notice of approval, as well as a copy of the final 2023 EPA
Plan, is available in the dockets for this action at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, identified by docket identification (ID) number
EPA-HQ-OPP-2022-0509 and EPA-HQ-OPP-2011-0037. Additional instructions
on 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>.
Additional information on the EPA Plan for Indian country is
available on EPA's website at <a href="https://www.epa.gov/pesticide-applicator-certification-indian-country">https://www.epa.gov/pesticide-applicator-certification-indian-country</a>. EPA also provides frequent status updates
regarding the reviews and approvals of State and Territory
certification plans on its website at <a href="https://www.epa.gov/pesticide-worker-safety/certification-standards-pesticide-applicators">https://www.epa.gov/pesticide-worker-safety/certification-standards-pesticide-applicators</a>.
For additional assistance in locating documents related to the
approved plan identified in this notice, please consult the designated
EPA point of contact for the Certification Plan of interest as listed
in Table 1 of this unit, or the general contact person listed under FOR
FURTHER INFORMATION CONTACT.
Table 1--Designated EPA Point of Contacts for the EPA Plan
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA office Certification plan EPA point of contact POC phone Email
--------------------------------------------------------------------------------------------------------------------------------------------------------
Office of Pesticide Programs.......... EPA Plan for the Federal Thomas Lopiano.......... (202) 566-2390 <a href="/cdn-cgi/l/email-protection#85e9eaf5ece4ebeaabf1edeae8e4f6c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="224e4d524b434c4d0c564a4d4f4351624752430c454d54">[email protected]</span></a>.
Certification of Jennifer Park........... (202) 566-2448 <a href="/cdn-cgi/l/email-protection#8dfdecffe6a3e7e8e3e3e4ebe8ffcde8fdeca3eae2fb"><span class="__cf_email__" data-cfemail="9eeeffecf5b0f4fbf0f0f7f8fbecdefbeeffb0f9f1e8">[email protected]</span></a>.
Applicators within
Indian Country.
--------------------------------------------------------------------------------------------------------------------------------------------------------
II. What is the Agency's authority for taking this action?
Section 11 of the Federal Insecticide, Fungicide, Rodenticide Act
(FIFRA), 7. U.S.C. 136 et seq., requires certifying authorities to have
an EPA-approved certification plan to certify applicators of RUPs. The
CPA regulation at 40 CFR part 171 was amended in 2017 (Ref. 1). As a
result, Federal, State, Territory, and Tribal certifying authorities
with existing certification plans were required to revise their
existing certification plans to conform with the updated Federal
standards for the certification of applicators of RUPs and submit their
revisions to EPA by March 2020 for EPA review and approval. The CPA
regulation specifies that the existing certification plans remain in
place until the revised plans are approved by EPA on or before the
regulatory deadline established in 40 CFR 171.5. The Agency has since
issued a final rule extending the original deadline for certification
plans to comply with the updated Federal standards under the 2017 CPA
rule to November 4, 2023 (Ref. 2).
FIFRA section 11(a)(1) also requires that in any Tribe for which a
Tribal plan for applicator certification has not been approved by the
EPA Administrator, the Administrator, in consultation with the
Chairperson of such Tribe, shall conduct a program for the
certification of applicators of pesticides. The CPA regulation at 40
CFR part 171.307(c) requires the Agency, in consultation with Tribes,
to implement an EPA-administered certification plan to certify private
and commercial applicators in areas of Indian country where no other
EPA-approved certification plan or an EPA-Tribal agreement is in place
and where the relevant Tribe has not chosen to opt out of the EPA-
administered plan.
III. What action is the Agency taking?
This action gives notice that the 2023 EPA Plan (Ref. 3) meets the
standards of 40 CFR part 171 and is now an approved plan. EPA may
certify RUP applicators and continue with
[[Page 68606]]
implementation of the revised certification plan as outlined in the
2023 EPA Plan's implementation section. EPA will implement this Federal
program to certify applicators of RUPs in areas of Indian country where
no other EPA-approved or EPA-implemented plan applies. This plan will
not be applicable in areas where a Tribe has opted out of the 2023 EPA
Plan consistent with 40 CFR 171.307(c)(2). The 2023 EPA Plan, which
supersedes the 2014 EPA Plan, describes the updated process by which
EPA will implement a program for the certification of applicators of
RUPs in Indian country based upon the certification requirements
enumerated at 40 CFR part 171. The final 2023 EPA Plan, in its
entirety, is included in the docket.
IV. Summary of the Final 2023 EPA Plan
On March 2, 2020, EPA published a Federal Register notice seeking
comment on proposed revisions to the EPA-administered Federal pesticide
applicator certification plan to certify applicators of RUPs in areas
of Indian country that are not covered by any other EPA-approved
certification plan (Ref. 4). The proposed revisions sought to bring the
EPA Plan for Indian country into compliance with the updated CPA
regulation at 40 CFR part 171 that was amended in 2017 (Ref. 1). Unit
VI of the 2020 notice provides additional background and context for
the development of the revised EPA Plan, while Unit VII of that notice
provides an overview of the proposed changes to the EPA Plan. EPA did
not receive any comments during the comment period for the 2020 notice.
In developing what is now the final 2023 EPA Plan, EPA also
consulted with affected Tribes as required under 40 CFR 171.307(c) and
171.311(d)(1). The Tribal consultation period started on February 10,
2020, and was scheduled to end on May 1, 2020. However, due to the
impact of the COVID-19 public health emergency, EPA extended the Tribal
consultation period to August 3, 2020. During the Tribal consultation
period, EPA consulted with federally recognized Tribes on February 26,
April 6, and July 15, 2020, to help ensure the proposed revisions to
the 2014 EPA Plan effectively met their needs and those of RUP
applicators in Indian country. More information about the Tribal
consultation can be found on the Tribal Consultation Opportunities
Tracking System (Ref. 5).
EPA has finalized many of its proposals as described in the 2020
notice. However, EPA has revised some of its proposals in response to
the feedback received during the Tribal consultation period. In other
areas, EPA has refined and provided additional detail to increase
clarity and transparency in the plan and the process. These revisions
include:
<bullet> Clarifying definitions of private and commercial
applicators;
<bullet> Providing an additional acceptable identification specific
to Tribes;
<bullet> Adding descriptions of Tribes that have their own
certification plans under 40 CFR 171.307(a) or (b);
<bullet> Listing out Federal minimum standards for recordkeeping
requirements for commercial applicators, certified applicator
responsibilities for direct supervision of noncertified applicators,
and noncertified applicator qualifications; and
<bullet> Outlining the implementation of the revised EPA Plan.
Due to limitation in the CPA regulation, RUPs may not be used
legally in Indian country unless the Tribe has an EPA-approved
certification plan, the Tribe has entered into an agreement with EPA,
or EPA has issued a Federal certification plan for Indian country. The
EPA Plan provides that third option for Tribes to allow for applicator
certification within Indian country; however, Tribes may also opt out
of the EPA Plan and RUP use will generally be prohibited in their areas
of Indian country. Tribes may also have their own additional Tribal
laws and codes in addition to the EPA Plan and applicators who wish to
apply in Indian country should contact the relevant Tribe to ensure the
application is compliant with both.
V. References
The following is a list of documents that are related to the
issuance of this Notice. For assistance in locating these other
documents, please see Table 1 in Unit I.B.
1. EPA. Pesticides; Certification of Pesticide Applicators; Final
Rule. Federal Register. 82 FR 952, January 4, 2017 (FRL-9956-70).
2. EPA. Pesticides; Certification of Pesticide Applicators; Further
Extension to Expiration Date of Certification Plans; Final Rule.
Federal Register. 87 FR 50953, August 19, 2022 (FRL-9134.1-04-
OCSPP).
3. EPA. EPA Plan for the Federal Certification of Applicators of
Restricted Use Pesticides within Indian Country. September 26, 2023.
Docket ID No. EPA-HQ-OPP-2022-0509 and Docket ID No. EPA-HQ-OPP-
2011-0037.
4. EPA. EPA Plan for the Federal Certification of Applicators of
Restricted Use Pesticides Within Indian Country; Proposed Revisions;
Notice of Availability and Request for Comment. Federal Register. 85
FR 12244, March 2, 2020 (FRL-10005-59).
5. EPA. Tribal Consultation Opportunities Tracking System. Available
at <a href="https://tcots.epa.gov/ords/tcotspub/f?p=106:5::988::RR,2::">https://tcots.epa.gov/ords/tcotspub/f?p=106:5::988::RR,2::</a>.
Accessed September 20, 2023.
Authority: 7 U.S.C. 136-136y.
Dated: September 27, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-21997 Filed 10-3-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 4, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.