Background of Cert. Rule & Approval Process

Donald Baumgartner

EPA Region 5 (Chicago)

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PSEP Coordination for Certification and

Training Rule Implementation

July 24, 2019

North Central Region

Pesticide Applicator C&T Meeting

Duluth, MN

Final products and documentsThis document has been reviewed in accordance with U.S. Environmental Protection Agency policy and approved for publication. This document does not represent final EPA action, is not intended to supplant or replace regulations and/or guidance for the authorities described in this document, and is not intended, nor can it be relied upon, to create any rights enforceable by any party in litigation with the United States.

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EPA Disclaimer

Outline of Topics for Session

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• Overview of Rule Contents• Overview of EPA’s Rule Timelines• Overview of Expectations for Revised Plan

Submissions• EPA Plan Review and Approval Process

Revised Part 171 Rule StructureDescription CitationSubpart A: General Provisions 171.1-171.5171.1 Scope.171.3 Definitions.171.5 Effective dateSubpart B: Certification Requirements for Applicators of Restricted Use Pesticides

171.101 – 171.107

171.101 Commercial applicator certification categories.171.103 Standards for certification of commercial applicators.171.105 Standards for certification of private applicators.171.107 Standards for recertification of certified

applicators.Subpart C - Supervision of Noncertified Applicators 171.201171.201 Requirements for direct supervision of

noncertified applicators by certified applicators. 4

Revised Part 171 Rule Structure

Description CitationSubpart D- Certification Plans 171.301-171.311171.301 General.171.303 Requirements for State certification plans.171.305 Requirements for Federal agency certification plans.171.307 Certification of applicators in Indian country.171.309 Modification and withdrawal of approval of certification plans.171.311 EPA-administered applicator certification programs.

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Key Revision Areas in January 4, 2017 Final Rule

Certified Applicators• New exam administration requirements• Competency gauge for private applicators• Application method-specific categories • Standards for applicator recertification

Noncertified Applicators under Direct Supervision• Competency of noncertified applicators• Supervision of noncertified applicators

Minimum Age• Minimum age requirements for certified & noncertified applicators

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General Requirements for State Plans:• Documentation of conformance with (i.e., must

meet or exceed) the federal standards, including:– Initial certification of private and commercial applicators

• Including minimum age– Recertification of private and commercial applicators– Examination– Direct supervision of noncertified applicators by certified

private and/or commercial applicators (or documentation that the state prohibits noncertified applicators from applying RUPs)

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Rule Definition: “to use a pesticide” 1. Pre-application activities involving mixing

and loading the pesticide.

2. Applying the pesticide, including, but not limited to, supervising the use of a pesticide by a noncertified applicator.

3. Other pesticide-related activities, including, but not limited to, § transporting or storing pesticide containers that have been

opened, § cleaning equipment, and § disposing of excess pesticides, spray mix, equipment wash

waters, pesticide containers, and other pesticide-containing materials. 8

Minimum Age

• Commercial and private applicators must be at least 18 years old

• Noncertified applicators must be at least 18 years old– Limited exception: Persons under supervision of a

private applicator who is an immediate family member must be at least 16.

• Exception does not apply if the RUP is a fumigant, sodium cyanide or sodium fluoracetate or applied aerially

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Application-Method Specific Categories• Final rule adds categories for private and

commercial applicators performing:– Aerial application– Soil fumigation– Non-soil fumigation

• Certifying authorities are not required to adopt these categories

• Can combine soil fumigation and non-soil fumigation into a single category

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Private Applicator – Ability to Read

Final Rule: �171.105(a)• Private applicator must be certified by a

certifying authority as having the necessary competency to use RUPs for pest control in the production of agricultural commodities, which includes the ability to read and understand pesticide labeling.

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Private Applicator Gauge – Exam/TrainingFinal Rule State Plan Contents [�171.303(b)(3)]• If exam, describe exam standards and explain

how those meet/exceed federal standards• If training, explain how quantity, content and

quality of training program ensures that private applicator demonstrates level of competency– Quantity of training required– Content covered & how state ensures it is covered– Process state uses to approve training programs– How state ensures ongoing quality of training programs

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Private Exam Administration Part 1 of 3

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Private Exam Administration Part 2 of 3

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Private Exam Administration Part 3 of 3

Private Applicator Competency StandardsFinal Rule Competencies: �171.105(a)1. Label & labeling comprehension2. Safety3. Environment4. Pests5. Pesticides6. Equipment7. Application methods8. Laws and regulations9. Responsibilities for supervisors of noncertified applicators10. Stewardship11. Agricultural pest control

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New Commercial Categories in 2017 Rule

The 2017 Certification of Pesticide Applicators (CPA) rule establishes new certification categories for commercial applicators:

– Soil fumigation– Non-soil fumigation– Aerial application– Sodium cyanide predator control (M-44 devices)– Sodium fluoroacetate predator control (in livestock

protection collars)17

Commercial Applicator CoreRequired Administration

• Commercial applicators must be at least 18 years old �171.103(a)(1)

• All commercial applicators must pass a written core exam and obtain certification in at least one of the categories from �171.101.

• Certifying authorities may require additional methods for determining competency, such as performance testing.

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Commercial Applicator Core Competency Standards

� 171.103(c)1. Label and labeling comprehension2. Safety3. Environment4. Pests5. Pesticides6. Equipment7. Application methods8. Laws and regulations9. Responsibilities of supervisors of noncertified

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Limited Use Categories• Option for certifying authorities to add limited use categories for

commercial applicators for situations where there is a small number of commercial applicators who use a RUP that does not fit within any of the categories.

• Certification must be limited to use of a single product or a very limited set of products and specific application techniques– Examples: Sewer line root control, wood treatment,

biocide use in hydraulic fracturing– Must explain why it is not practical to include the

specific product or use under an existing category. • Plan must establish “limited use” category competency

standards and outline the process for ensuring that applicators demonstrate competency.

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Recertification Standards• Certification period of 5 years or less

– Certifying authority may establish a shorter period• Can be recertified by written exam or continuing

education– Certifying authority can rely on continuing education, an

exam or both.• If certify authority chooses to recertify by exam:

– Explain how exam evaluates whether certified applicator demonstrates the continued level of competency needed

– The plan must include a description of the process for reviewing and updating the exam

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Noncertified Applicators

Certifying authorities may:• Adopt standards for noncertified applicators

that meet or exceed the federal standardsOR

• Prohibit the use of RUPs by noncertified applicators under the direct supervision of certified applicators

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Noncertified ApplicatorsFederal rule qualifies someone as a noncertified applicator of RUPs by any of the following:• Complete WPS handler training• Complete annual training outlined in final

rule (�171.201(d))• Hold valid applicator certification in an

unrelated category or from another jurisdiction

• Satisfying certifying authority requirements that meet or exceed the federal standards23

Supervision of Noncertified ApplicatorsCertified applicators must be certified in the category in which they supervise noncertified applicators and must ensure:• A means for immediate communication• Noncertified applicators under their supervision are

qualified (including age and training)• Noncertified applicator has access to applicable

labeling and supervisor provides specific instructions related to the application

• Noncertified applicator has PPE and wears it properly• Equipment is in proper operating condition 24

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Recordkeeping Requirements

for RUP Dealers

New Recordkeeping Requirements for RUP Dealers [40 CFR 171.303(b)(7)(vii)

• require RUP dealers to record and maintain at each individual dealership, for the period of at least 2 years, records of each transaction

• pesticide producers, registrants, wholesalers, or retail sellers excluded

• records must contain the information specified in 171.303(b)(7)(vii)(A) through (E)

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Required Contents of a RUP Dealer’s Records

(A) Name and address of the residence or principal place of business of each certified applicator to whom the RUP was distributed or sold

(B) The certification number, expiration date, and the category(ies) in which the applicator is certified relevant to the pesticide(s) sold

(C) Product name and EPA registration number of the RUP(s) distributed or sold

(D) The quantity of the RUP(s) distributed or sold in the transaction.

(E) The date of the transaction.

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Recordkeeping Requirements for Applicators

Recordkeeping Requirements for Applicators

• Commercial Applicator RecordkeepingThe new Rule continues to require that commercial applicators record and maintain records for 2 years on types, amounts, uses, dates, and places of application of restricted use pesticides and ensure that such records were available to appropriate State officials if needed, the new rule is more prescriptive regarding the minimum amount of information and content needed

• Records Pertaining to Noncertified Applicators The previous requirements did not require any person to keep records of the information or training provided to noncertified applicators.

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Required Contents of the Applicator’s Records• Applicator records must contain, at a minimum, all of the following information:

(A) The name and address of the person for whom the RUP was applied.(B) The location of the RUP application.(C) The size of the area treated.(D) The crop, commodity, stored product, or site to which the RUP was applied.(E) The time and date of the RUP application.(F) The brand or product name of the RUP applied.(G) The EPA registration number of the RUP applied.(H) The total amount of the RUP applied per location per application.(I) The name and certification number of the certified applicator that made or supervised the application, and, if applicable, the name of any noncertified applicator(s) that made the application under the direct supervision of the certified applicator.(J) Records required under �171.201(e). 30

Implementation Timeline

12/12/2016Revised C&T

final rule signed by EPA Administrator

3/6/2017Revised C&T final rule becomes effective*

3/4/2020 Date For Certification Plans (or ltr. of intent/timeline) to be Submitted to EPA based on 1/4/2017 rule

3/4/2022

EPA Completes its Initial Review of Revised Certification Plans and Some Revised State Plans Will Start to Become Effective** (EPA will determine timeframes for implementation and compliance with revised certification plans on a case-by-case basis as part of EPA’s review and approval of each revised certification plan)

1/4/2017

Revised C&Tfinal rule published inthe FederalRegister

Expectations for Revised Plan Submissions

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Plan Checklist & Outline

State Certification Plan Outline

This document serves as a model outline for the order and contents of state certification plans. It is intended for use by the State Lead Agency certifying authorities to assist with development of modified State Certification Plans for the Certification of Pesticide Applicators due to EPA by March 4, 2020.

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State Plan Approval Process

• States submit draft amended state plan to Regions for review

• Region reviews and confers with states to resolve questions and issues– Certification Program lead or Project Officer

• Region engages EPA workgroup for input, equivalency decisions, guidance, clarification, and consistency check, etc.

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State Plan Approval Process, Continued

• Region gets concurrence from HQ/OPP (and workgroup)

• Region approves plan, and Regional Administrator signs/sends approval letter after concurrence by HQ Assistant Administrator for OCSPP

• HQ publishes Federal Register notice• EPA-approved plans are entered into

CPARD 3.035

EPA Workgroup• HQ: OPP, OECA, OGC• Regions: one rep who coordinates with POs• Ensure approval process is consistent

between regions• Develop guidance and tools for state plan

development and approval• Communicate (regular calls)• Forum for Q&As, exchange of ideas and

issues, drafts, model language, etc.36

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State Certification Plan Revisions

Former CTAG Resources (16 Fact sheets/reports):v Minimum Age Requirements for Certificationv Direct Supervisionv ADA Considerations in Certificationv Recertification – Topics in Trainingv Recert Verifying Attendancev Reciprocityv Auditing Recert Programsv Online Recert Training Design & Structurev Positive ID for Exams

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Region 5 State Certification Plan RevisionsEPA OPP Expert Contacts

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EPA OPP Certification and Worker Protection Branch staff:• Jeanne Kasai [703/308-3240] kasai.Jeanne@epa.gov• Matt Lloyd [202/564-6031] Lloyd.matt@epa.gov (new Team Lead as of 4-

24-19)• Ryne Yarger [703/605-1193] yarger.ryne@epa.gov• Jennifer Park [703/347-0121] park.Jennifer@epa.gov• Ana Rivera-Lupianez [703/308-6841] rivera-lupianez.ana@epa.gov• Tracy Lantz [703/308-6415] Lantz.tracy@epa.gov• New CWPB Acting Chief is Carolyn Schroeder; new permanent Branch

Chief being selected

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Certification Rule Overview

Slides from the Following People Contributed to this Presentation:

qEPA Certification and Worker Protection Branch

qKaci Buhl, PERC OR State Univ.

EPA REGION 5 PESTICIDES SECTION DISCLAIMER: This presentation and the contents of the information, summaries, factsheets, publications, reports provided do not necessarily reflect the views and policies of the EPA, nor does mention of trade names or commercial products. The inclusion of web links to sites describing such materials do not constitute EPA endorsement or recommendation for use.

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PSEP Involvement in Cert Plan Revisions Implementation

Panels Discussionsl Minnesota Cooperation

ØErin Smilanich (MDA)ØTana Haugen-Brown (Univ. MN)

l Wisconsin CooperationØMike Murray (DATCP)ØGlenn Nice (Univ. WI)

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