Training

New Rules for Restricted-Use Pesticides in Indian Country

Restricted use pesticides can only be sold to or used by specially certified applicators or by someone under the direct supervision of a certified applicator. Although several states and Tribes have implemented their own certification plans, most state plans are not valid in Indian country, leaving a gap in protection of people and the environment.

The new EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country fills that gap on an area-specific basis and will provide certified applicators with legal access to the same pest control tools available in other areas of the country. Effective August 6, 2014, the EPA will require applicators to have federal certification in writing from the relevant EPA region. Failure to hold this certification may result in federal enforcement actions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

The procedures for application for commercial applicators include submission to the EPA region:

  • A completed Pesticide Applicator Certification Form (EPA Form 7100-01), and
  • Proof (a two-sided photocopy) of a valid federal, state, or tribal certification authorizing the use of RUPs

 


Get everything you need to understand and increase awareness of environmental management practices at your company. Request 14-day free access to 20 environmental training courses from TrainingToday.



The procedures for individual private applicators include submission to the EPA region:

  • A completed Pesticide Applicator Certification Form (EPA Form 7100-01),
  • Proof (a two-sided photocopy) of a valid federal, state, or tribal certification authorizing the use of RUPs ,  or
  • Documentation showing the applicant has completed required, EPA-approved training for applicators of RUPs.

Training for private RUP applicators is based on the general standards of competency outlined in 40 CFR 171.5 and 40 CFR 171.6 and additional information contained in 171.4(b), which overlaps with the other sections. Subject matter includes:

  • Practical knowledge of pest problems and pest control practices associated with agricultural operations;
  • Proper storage, use, handling, and disposal of the pesticides and containers;
  • Related legal responsibility; and
  • Practical knowledge of federal supervisory requirements, including labeling, regarding the application of restricted use pesticides by noncertified applicators.

According to the EPA, “private applicators” are defined as “ONLY those who will be or are applying pesticides for production of an agricultural commodity on property owned or rented by you or your employer.” All other applicators are considered “commercial applicators” because the EPA has no “noncommercial” or “public” applicator designations.

 


Get free access for 14 days to 20 environmental training courses from TrainingToday. From asbestos awareness to stormwater pollution prevention, we’ve got you covered. Get access now.



Training must be completed within 2 years before certification and falsification of information may be punishable by fines or imprisonment. Certifications for private applicators applying under the first option (1. and 2. above) will expire on the expiration date of the underlying certification, while certifications applying under the second option (1. and 3. above) are valid for 4 years.

Two categories of RUPs were addressed specifically under the new rule. These are sodium cyanide capsules used with ejector devices and sodium fluoroacetate livestock protection collars. The EPA states that due to the requirement for a registrant of one of the products to provide a supervisory role in the application and be able to inspect and enforce against misuse, some Tribes will not have the capacity to serve as the registrant. These Tribes, however, will be able to work with registrants from the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) to manage application as needed. These exceptions also apply during the 6-month period between publication of the rule on February 6, 2014, and the August 6, 2014, deadline for certification.

Applicators should also be aware that some states also require a state certification to purchase RUPs from dealers with that state and both states and Tribes may have additional, more stringent requirements, including notification before any application of RUPs. The EPA will also be implementing a public database listing federally certified applicators and their certifications and locations by state at http://www2.epa.gov/pesticide-applicator-certification-indian-country.

 

Share Your Comments

 


For your convenience, here’s a list of the top 5 most popular articles on the Environmental Daily Advisor website this month.

 

10 BMPs for Water Conservation
Adopting water-efficiency programs and procedures is a smart move for businesses that want to conserve water resources and save money. Yesterday we looked at top business reasons for water management programs, and today we will review some of the best management practices (BMPs) used by the Environmental Protection Agency (EPA) at its own facilities that could also be useful at many private sites and facilities.

Asbestos Regulation: A Cross-Cutting Issue, Part 1
The regulation of asbestos is known as a “cross-cutting issue” at the Environmental Protection Agency (EPA) because it is covered by several laws and regulations, making it difficult to maintain compliance. Today and tomorrow we will look at the laws and their related regulations for asbestos operations involving management, removal, and disposal.

Asbestos Regulation: A Cross-Cutting Issue, Part 2
Asbestos is one of the most dangerous materials commonly found in buildings across the nation and around the world. The Environmental Protection Agency (EPA) and several other federal agencies have promulgated many regulations to protect asbestos workers and the public, including under the Clean Air Act (CAA) and the Safe Drinking Water Act (SDWA), to protect workers and the public.

A Green Power Primer
Greenhouse gas (GHG) emissions, carbon footprints, sustainability, and pretty much everything else under the “green” business umbrella have one critical thing in common: energy. The movement away from fossil fuels and toward clean energy is in the news daily, but do you really know what clean, green energy is and how to tap into it? Here are some facts and tips about green power to get you started.

Innovative Zero Waste to Landfill Strategies—Part 1
As landfill tipping fees go up, savvy businesses are finding it pays to reduce and even eliminate the amount of waste they send to landfills. This trend is called “zero waste to landfills” (ZWL), and it is fast becoming a part of corporate sustainability programs worldwide. Today and tomorrow we will look at how several very diverse companies are succeeding at ZWL through unique and innovative processes.

 

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.