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25,
2004
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1
of
56
SUPPORTING
STATEMENT
FOR
AN
INFORMATION
COLLECTION
REQUEST
(
ICR)

1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection
TITLE:
Certification
of
Pesticide
Applicators
OMB
No:
2070­
0029;
EPA
No:
0155.08
1(
b)
Short
Characterization/
Abstract
This
information
collection
request
is
designed
to
provide
the
Environmental
Protection
Agency
(
EPA)
with
the
authority
to
administer
and
oversee
training
and
certification
programs
for
pesticide
applicators
in
accordance
with
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)
and
to
enable
EPA
to
collect
certain
data
regarding
these
programs
from
States,
Indian
tribes,
and
federal
agencies
(
collectively
in
this
document
termed
"
states"
or
"
entities")
with
EPAapproved
certification
plans.

FIFRA
allows
the
EPA
to
classify
a
pesticide
as
"
restricted
use"
if
the
pesticide
meets
certain
toxicity
or
risk
criteria.
Restricted
use
pesticides,
because
of
their
potential
to
harm
human
health
or
the
environment,
may
be
applied
only
by
a
certified
applicator
or
by
a
person
under
the
direct
supervision
of
a
certified
applicator.
A
person
must
meet
certain
standards
of
competency
to
become
a
certified
applicator.
States
can
be
delegated
the
certified
applicator
program,
but
it
must
be
approved
by
the
Agency
before
it
can
be
implemented.
In
non­
participating
entities,
EPA
administers
the
certification
program.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
Section
3(
d)
of
FIFRA
authorizes
EPA
to
classify
registered
pesticides
as
either
generalor
restricted­
use
(
see
Attachment
A).
Restricted­
use
pesticides
(
RUPs)
are
those
that,
absent
additional
regulatory
restrictions,
may
cause
unreasonable
adverse
effects
on
people
or
the
environment.
Pesticides
classified
as
restricted
use
may
only
be
used
by
a
certified
applicator,
or
by
a
person
under
the
direct
supervision
of
a
certified
applicator.
A
certified
applicator
is
a
person
who
has
taken
specific
training
in
the
safe
handling
and
application
of
restricted­
use
products,
and
who
has
received
license
(
certification)
to
that
effect.
Section
11(
a)
of
FIFRA
grants
EPA
the
authority
to
prescribe
standards
for
the
certification
of
restricted­
use
pesticide
applicators
(
see
Attachment
B).
Section
11(
a)(
2)
of
FIFRA
establishes
a
certification
program
that
allows
states
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25,
2004
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2
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to
implement
applicator
certification
after
the
state
program
has
been
approved
by
EPA.
While
the
bulk
of
the
certification
program
is
implemented
through
the
States,
in
non­
participating
States
or
tribes,
EPA
has
authority
to
directly
administer
certification
programs.
The
regulations
for
the
certification
program
in
Title
40
part
171
of
the
Code
of
Federal
Regulations
also
include
procedures
for
certification
programs
for
Federal
agencies
or
Indian
tribes
who
wish
to
develop
their
own
plans
in
lieu
of
using
State
certification
programs
(
see
Attachment
C).

The
authority
for
this
information
collection
activity
is
provided
under
sections
3(
d)
and
11
of
FIFRA
and
40
CFR
part
171.

2(
b)
Practical
Utility/
Users
of
the
Data
The
annual
reports
from
the
states
are
used
as
a
monitoring
tool
to
develop
overall
data
on
pesticide
activities
for
OMB,
Congress,
and
others;
to
distribute
EPA
grant
funds
to
participating
states,
to
target
enforcement
activities,
and
to
revise
certification
and
training
program
emphasis
and
requirements.

An
application
form
is
used
to
obtain
vital
information
from
applicants
such
as
name
and
address,
and
to
schedule
applicators
for
certification
or
re­
certification.

Dealer
records
are
necessary
for
EPA
to
ensure
that
access
to
restricted
use
pesticides
is
limited
to
certified
applicators.
State­
administered
certification
programs
use
State
authority
to
require
dealers
to
maintain
records
of
restricted
use
pesticide
sales.

Application
records
are
required
by
EPA
under
federally­
run
programs
(
currently
the
Navajo
Indian
Country
program)
for
certified
commercial
applicators.
EPA
monitors
these
records
to
assure
that
restricted­
use
pesticides
are
used
only
by,
or
under
the
supervision
of,
certified
applicators
and
to
ensure
that
pesticide
labeling
requirements
are
adhered
to
by
requiring
applicators
to
record
details
of
the
restricted­
use
product
application.
Without
these
records
it
would
often
be
difficult
to
successfully
enforce
against
misuse.

Application
records
are
also
required
for
certified
commercial
applicators
under
state­
run
programs.
These
records
are
monitored
to
assure
that
restricted­
use
pesticides
are
used
only
by,
or
under
the
supervision
of,
properly
trained
and
certified
applicators
and
to
ensure
that
pesticide
labeling
requirements
are
adhered
to
by
requiring
the
applicators
to
record
the
application
(
amounts,
locations,
and
dates)
of
restricted
use
pesticides.
Without
these
records
it
would
often
be
difficult
to
successfully
enforce
against
misuse
and
ensure
proper
training
and
supervision
of
uncertified
applicators.
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2004
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3.
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
duplication
EPA
is
the
only
Federal
agency
with
the
authority
to
certify
applicators
of
restricted
use
products.
However,
the
United
States
Department
of
Agriculture
(
USDA)
also
has
regulations
which
impact
certified
applicators.
In
addition
to
providing
most
of
the
training
for
certified
applicators
under
an
Interagency
Agreement
(
IAG)
with
EPA,
USDA
has
regulations
which
require
private
and
commercial
applicators
to
maintain
detailed
records
regarding
the
application
of
restricted
use
pesticides.
The
records
required
by
USDA
under
7
CFR
110
are
much
more
detailed
than
those
required
by
EPA
under
40
CFR
171.

FIFRA
prohibits
EPA
from
requiring
private
applicators
to
keep
records
or
make
reports,
so
there
is
no
duplication
with
regard
to
private
applicators.
In
addition,
although
both
USDA
and
EPA
appear
to
impose
record­
keeping
requirements
on
commercial
applicators,
EPA's
requirements
are
only
a
subset
of
USDA's
requirements
and
consist
mostly
of
information
that
is
already
maintained
by
commercial
applicators
as
part
of
their
ordinary
and
customary
business
practices.
As
such
there
is
no
contradiction
or
practical
duplication.

To
prevent
duplication
and
facilitate
State
reporting,
EPA
permits
States
to
use
grant
reports
in
lieu
of
the
separate
annual
reports,
and
States
may
amend
their
plan
with
an
addendum.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
In
proposing
to
renew
this
ICR,
EPA
published
a
Federal
Register
notice
on
March
31,
2004
(
69
FR
16917),
soliciting
comments
on
this
information
collection
activity
and
the
Agency's
intent
to
renew
the
OMB
approval
of
this
ICR.
EPA
received
three
comments
in
response
to
this
notice.
EPA
established
the
public
docket
for
this
ICR
renewal
under
Docket
ID
No.
OPP­
2003­
0357.
The
entire
public
docket,
which
includes
the
March
31,
2004,
Federal
Register
notice
and
the
public
comments,
is
accessible
electronically
through
EPA's
Internet­
based
public
docket
and
comment
system
(
EPA
Dockets,
or
"
EDOCKET")
at
http://
www.
epa.
gov/
edocket.
Simply
select
"
Quick
Search,"
enter
the
docket
number
identified
above,
and
click
on
"
Search."

EPA
received
one
comment
each
from
a
private
citizen,
the
Middlesex
County
Mosquito
Commission,
and
the
Wisconsin
Department
of
Agriculture
(
within
the
docket,
see,
respectively,
Document
ID
Nos.
OPP­
2003­
0357­
0003;
­
0004;
and
­
0005.)
The
private
citizen
expressed
her
concerns
for
protection
of
the
environment,
and
described
some
options
that
she
felt
would
address
those
concerns.
The
comment
from
the
Superintendent
of
the
Middlesex
County
Mosquito
Commission
supported
the
reporting
requirements,
with
the
exception
of
the
time
of
application.
Because
of
the
nature
of
mosquito
abatement,
many
small
areas
are
treated
in
a
small
time
frame
and
capturing
the
timing
of
the
application
is
resource­
intensive.
His
request
was
to
have
the
time
of
application
dropped
from
the
requirements.
The
final
comment,
from
the
Wisconsin
Department
of
Agriculture,
noted
that
they
do
not
propose
to
make
any
changes
to
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2004
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56
their
recordkeeping
requirements.
The
commenters
did
not
provide
information
related
to
the
burden
estimates,
nor
did
they
address
the
series
of
questions
posed
in
the
Federal
Register
Notice
which
accompanied
the
ICR.
Therefore,
no
adjustments
were
made
to
the
ICR
based
on
these
comments.

3(
c)
Consultations
The
regulations
under
40
Code
of
Federal
Regulations,
Part
171
(
40
CFR
171)
were
published
in
the
Federal
Register
in
1974,
1975
and
1978
with
minor
modifications
in
1983
and
1984.
All
sections
of
the
regulations
provided
a
comment
period
for
interested
parties
prior
to
promulgation.
The
comments
received
were
evaluated
by
the
Agency
prior
to
issuance
of
the
final
rule.
Continuous
consultation
and/
or
dialogue
between
industry
and
the
Agency
occurs
on
an
informal,
on­
going,
"
as
needed"
basis,
primarily
during
the
submission
and
review
of
reports.

In
addition,
during
preparation
of
this
ICR
renewal,
EPA
staff
contacted
representatives
from
a
cross­
section
of
respondents
by
telephone
to
seek
feedback
on
the
burden
estimates
in
the
ICR,
the
clarity
of
instructions
provided,
and
other
questions
pertaining
to
the
requirements
of
the
program.
A
list
of
respondents
consulted
can
be
found
in
Attachment
D.
The
results
of
this
consultation
process
follow.

Under
the
cooperative
agreement
with
EPA,
States
are
required
to
submit
annual
reports
that
describe
program
activity
and
planned
changes
to
State
plans.
These
reports
also
detail
the
number
of
applicators
certified,
an
important
piece
of
information
as
the
state
allocation
for
training
is
based
on
the
numbers
of
applicators
certified.
These
reports
are
the
basis
for
the
information
collection
that
this
request
addresses.

One
consultation
was
made
under
the
state
reporting
category.
The
Association
of
American
Pesticide
Control
Officials
(
AAPCO)
was
contacted;
this
organization
represents
the
states'
interests
in
pesticide
regulation.
The
result
of
the
consultation
is
summarized
here.

The
data
required
by
the
Agency
are
clear
to
the
reporting
states
and
those
data
are
not
available
from
other
sources.
The
current
estimate
in
the
draft
ICR
for
burden
­
77
hours
annually
per
reporting
entity
­
is
a
reasonable
upper­
bound
estimate.
As
a
result
of
this
information,
no
changes
were
made
to
the
ICR
for
state
reporting
burden.

The
next
sector
consulted
were
the
representatives
for
certified
applicators.
In
this
category,
four
representative
groups
were
interviewed.
The
contacts
made
were
with
the
National
Agricultural
Aviation
Association
(
NAAA),
representing
aerial
applicators;
the
National
Pest
Management
Association
(
NPMA)
which
represents
pest
control
operators
in
residential
and
institutional
settings;
the
Professional
Lawn
Care
Association
of
America
(
PLCAA),
representing
lawn
care
pesticide
applicators;
and
the
Lee
County
Mosquito
Control
District
(
LCMCD),
one
of
many
public
health
agencies
which
deal
with
pesticide
application
to
control
disease
vectors.
Many
pesticide
applicators
are
members
of
the
NAAA,
NPMA,
or
PLCAA;
and
there
is
a
large
number
of
pesticide
applicators
nationally
who
are
engaged
in
mosquito
abatement.
August
25,
2004
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Here,
summarized
where
practicable,
are
the
results
of
the
consultations
with
applicator
representatives:

The
records
that
applicators
are
required
to
keep
are
not
available
to
EPA
from
another
source.
°
Respondents
mentioned
that
some
states
­
CA
and
NY
­
collect
some
application
information,
but
most
do
not.

States
provide
instructions
as
part
of
their
laws.
Largely,
respondents
felt
that
the
instructions
were
clear
within
a
state;
however,
one
respondent
noted
that
inter­
state
requirements
can
differ
and
cause
confusion.
Additionally,
the
requirement
to
maintain
disposal
information
collection
can
be
difficult,
as
disposal
often
occurs
much
later
than
application,
and
as
such
is
not
directly
linked
to
the
application
information.
It
is
not
a
market­
driven
piece
of
data
­
that
is,
customers
aren't
generally
interested
in
it.

The
Agency
believes
that
the
records
kept
by
applicators
would
be
kept
even
if
the
requirement
did
not
exist,
as
part
of
"
usual
and
customary"
business
practices.
The
representatives
consulted
felt
that
most
of
the
required
elements
were
the
kind
that
would
be
retained
as
such;
however,
there
was
some
variation
among
the
industries
interviewed:

Respondents
unanimously
identified
the
following
elements
which
they
believed
would
be
kept
as
part
of
usual
and
customary
business
practices:

°
name
and
address
of
the
person
for
whom
the
pesticide
was
applied
°
location
of
the
pesticide
application
°
year,
month,
day,
and
time
of
application
However,
there
was
not
consensus
on
the
remaining
elements.
Three
of
the
four
respondents
felt
the
following
were
part
of
usual
and
customary
business
practices:

°
target
pests
°
specific
crop
or
commodity
and
site
to
which
the
pesticide
was
applied.
°
trade
name
and
EPA
registration
number
of
the
pesticide
applied
°
amount
of
the
pesticide
applied
and
percentage
of
active
ingredient
per
unit
of
pesticide
used
Two
of
the
four
respondents
felt
that
the
following
element
was
usual
and
customary:

°
type
and
amount
of
the
pesticide
disposed
of,
method
of
disposal,
dates
of
disposal,
and
location
of
disposal
site.

Finally,
respondents
were
asked
to
estimate
applicator
burden
for
record­
keeping.
Their
estimates
varied,
depending
on
the
industry.
Some
industries
rely
more
heavily
on
RUP
chemicals
August
25,
2004
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56
(
e.
g.,
structural
fumigation);
others
rarely
use
RUPs
(
landscape
companies).
With
the
exception
of
the
aerial
applicator
category,
hour
estimates
were
within
the
range
identified
in
the
draft
ICR.
Despite
the
significantly
higher
number
of
annual
hours
for
aerial
applicators
(
44
hours/
year),
the
burden
estimate
for
applicator
record­
keeping
in
this
document
was
not
increased
because
the
number
of
aerial
applicators
accounts
for
less
than
1%
of
the
total
number
of
applicators
represented.

Lastly,
a
pesticide
dealer
in
Colorado
­
where
the
state
government
does
not
administer
a
certified
applicator
program
­
was
interviewed.
His
responses
indicated
that
the
information
we
require
dealers
in
Colorado
to
retain
is
not
available
from
another
source;
that
the
requirements
are
clear,
and
the
estimate
in
the
draft
ICR
for
burden
to
dealers
in
Colorado
(
5
hours
annually)
is
reasonable.

Besides
the
formal
consultation
process,
the
Agency
also
distributed
notice
of
the
availability
of
the
draft
ICR
to
three
e­
mail
distribution
lists
that
provide
information
to
approximately
200
pesticide
applicators,
state
lead
agencies
who
administer
the
certification
program,
and
other
interested
individuals.
There
were
no
comments
or
inquiries
received
directly
from
this
solicitation.

3(
d)
Effects
of
Less
Frequent
Collection
Only
annual
reports
from
participating
States
are
submitted
to
EPA
on
a
routine
basis.
Annually
is
considered
a
minimal
reporting
period.
As
described
earlier,
most
annual
reporting
information
required
under
the
regulation
is
contained
in
the
annual
grant
report,
and
can
be
submitted
as
a
joint
package.
In
the
future,
states
will
be
able
to
provide
their
annual
reports
electronically
via
the
C&
T
Template.
Budget
requests
and
the
distribution
of
cooperative
agreement
funds
are
done
on
an
annual
basis.
The
annual
report
data
is
used
to
support
budget
requests
and
to
apportion
cooperative
agreement
funds.
Less
frequent
collection
of
information
would
not
allow
the
Agency
to
distribute
these
funds
in
the
most
equitable
manner,
as
data
demonstrating
need
would
not
be
accurate.

3(
e)
General
Guidelines
Pursuant
to
5
CFR
1320.6,
the
Agency
seeks
OMB
approval
of
the
revised
EPA
Form
8500­
17
(
Attachment
E)
for
use
whenever
the
Agency
administers
the
Certified
Pesticide
Applicator
program
in
the
place
of
a
State­
administered
program.
The
Agency's
use
of
such
a
form
under
these
circumstances
is
required
by
FIFRA
section
11(
a)(
1).
This
information
collection
activity
does
not
exceed
any
other
of
the
Paperwork
Reduction
Act
guidelines
contained
at
5
CFR
1320.6.
August
25,
2004
Page
7
of
56
3(
f)
Confidentiality
The
activities
or
records
proposed
in
this
regulation
will
not
involve
any
confidentiality
concerns
or
information.

3(
g)
Sensitive
Questions
The
activities
proposed
in
this
regulation
will
not
involve
any
sensitive
questions.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
codes
The
North
American
Industrial
Classification
System
(
NAICS)
code
for
respondents
participating
in
the
data
collection
activity
are
noted
here:

Applicators
on
Farms:
11
Crop
Production
112
Animal
Production
Commercial
Services
Applicators:
561710
Exterminating
and
Pest
Control
Services
Administration
of
Certification
Programs
by
States/
Tribal
Lead
Agencies:
924110
Environmental
protection
program
administration
926140
Pest
control
programs,
agricultural,
governmental
Pesticide
Dealers
(
only
for
EPA­
administered
programs)
444220
Retail
Nursery,
Lawn,
and
Garden
Supply
stores
424910
Agricultural
chemicals
merchant
wholesalers
4(
b)
Information
Requested
(
i)
Data
items,
including
recordkeeping
requirements
A.
Annual
Reports
Annual
reports
are
required
from
States,
Indian
tribes,
and
Federal
agencies
with
EPAapproved
certification
plans.
These
entities
are
required
to
develop
reports
based
on
the
requirements
in
the
regulations,
including
information
on
their
respective
program
activity,
such
as
the
number
of
applicators
certified
and
any
significant
changes
to
their
plans.
August
25,
2004
Page
8
of
56
B.
Application
for
certification
in
EPA­
administered
programs
(
Colorado
and
Navajo
Indian
Country)

Currently,
EPA
administers
the
private
applicator
certification
program
in
one
state,
Colorado.
The
regulations
require,
in
EPA­
administered
programs,
an
application
form
(
EPA
Form
8500­
17)
be
completed
for
persons
seeking
certification
or
re­
certification.
The
forms
are
necessary
for
EPA
to
schedule
certification
and
re­
certification,
and
to
obtain
vital
information
such
as
name
and
address.

Over
the
next
few
years,
EPA
will
be
implementing
a
certified
applicator
program
in
the
Navajo
Indian
Country.
Both
commercial
and
private
applicators
will
be
covered
by
this
program,
and
a
form
to
apply
will
be
required.
Applicators
with
current
certification
from
New
Mexico,
Utah,
and
Arizona
will
be
eligible
for
certification
in
the
Navajo
Indian
Country
with
proof
of
certification
and
a
completed
form.
There
are
currently
40
applicators
that
will
need
certification
in
Navajo
Indian
Country,
and
we
expect
that
all
will
apply
in
the
first
year
of
the
program.

The
regulations
do
not
require
States
to
use
the
EPA's
application
form,
they
may
use
similar
forms
developed
to
meet
their
specific
needs.

C.
Dealer
record­
keeping
in
EPA­
administered
programs
(
Colorado
and
Navajo
Indian
Country)

The
regulations
require
dealers
under
EPA­
administered
programs
to
keep
records
of
the
sale
of
restricted­
use
products
for
24
months.
Dealer
records
are
maintained
at
the
pesticide
dealership,
and
are
not
routinely
submitted
to
EPA;
however
they
may
be
collected
as
part
of
an
investigation
or
enforcement
action.
This
is
necessary
for
EPA
to
ensure
that
access
to
restricted
use
pesticides
is
limited
to
certified
applicators,
or
those
under
their
supervision.
Without
the
ability
to
limit
access
to
restricted
use
pesticides,
there
would
be
little
purpose
in
certifying
workers
or
classifying
pesticides
for
restricted
use.
This
provision
is
solely
intended
to
provide
EPA
with
the
authority
to
impose
dealer
record­
keeping
in
entities
with
EPA­
administered
programs.
State­
administered
programs
must
use
State
authority
to
require
dealers
to
maintain
records
of
restricted­
use
pesticide
sales.

In
Colorado,
dealers
of
pesticide
products
are
required
to
create
and
maintain
records;
however,
there
are
currently
no
pesticide
dealers
in
Navajo
Indian
Country.

D.
Commercial
Applicator
Records
­
EPA­
managed
programs
Commercial
applicators
under
EPA­
administered
programs
must
keep
records
on
the
kinds,
amounts,
uses,
dates
and
places
of
restricted­
use
pesticide
applications
immediately
after
the
application
is
complete.
Records
must
be
retained
for
two
years.
Records
are
not
required
to
be
submitted,
but
they
must
be
made
available
to
EPA
or
State
officials
upon
request.
Records
collected
may
become
part
of
an
enforcement
action
or
investigation.
August
25,
2004
Page
9
of
56
E.
Commercial
Applicator
Records
­
State­
managed
programs
Commercial
applicators
under
State­
administered
programs
must
keep
records
on
the
kinds,
amounts,
uses,
dates
and
places
of
restricted­
use
pesticide
applications
immediately
after
the
application
is
complete.
Records
must
be
retained
for
two
years.
Records
are
not
required
to
be
submitted,
but
they
must
be
made
available
to
EPA
or
State
officials
upon
request.
Records
collected
may
become
part
of
an
enforcement
action
or
investigation.

(
ii)
Respondent
Activities
A
typical
respondent
will
perform
the
following
activities:

Read
rules
or
other
instructions
Read
applicable
regulations,
40
CFR
171,
grant
requirements,
and
other
applicable
requirements
Receive
Training
Administered
by
EPA
approved
program
or
EPA
Create
information
Document
activities/
applications
Gather
information
Collect
records
needed
to
develop
annual
report
Review
Review
information
for
accuracy
Complete
written
forms
or
other
instruments
Extract
data
from
records
and
compile
into
reporting
format
Record,
disclose,
display,
or
report
the
information
Compile
report
and
submit.
Record
maintenance
for
preparation
of
the
next
annual
report,
such
as
grant
reports
and
hard
copy
and
computer
records
of
data
required
in
the
annual
report.

Store,
file,
or
maintain
information.
Store
and
retain
records.

5.
THE
INFORMATION
COLLECTED
­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
In
continuing
this
collection,
EPA
will:
August
25,
2004
Page
10
of
56
Prepare
report
(
Region
9
for
Navajo
Indian
Country)
Region
9
will
submit
report
for
this
federally­
implemented
plan
Answer
respondent
questions
Answer
respondent
questions
Review
data
Review
data
submissions
Record
data
Record
submissions
Maintain
data
Develop/
maintain
a
master
data
base
for
data
submissions
Reformat
data
Reformat
and
distribute
data
Store
data
Store
data
5(
b)
Collection
Methodology
and
Management
Dealer
and
commercial
applicator
records
are
not
routinely
collected.
Annual
reports
from
EPA­
approved
certified
programs
are
required.
The
Agency
allows
respondents
to
utilize
their
end­
of­
year
grant
reports
to
fulfill
the
annual
report
requirement
under
this
program
to
the
extent
that
information
contained
in
such
grant
reports
satisfies
Part
171
requirements.
Certain
minor
reporting
elements
which
may
be
outside
the
scope
of
the
grant
reports
may
be
provided
in
whatever
fashion
the
respondent
finds
most
convenient
and
least
burdensome.
The
information
required
under
this
program
was
generally
included
in
the
grants
reports
as
a
2­
3
page
addendum
to
that
report.

The
applicator
certification
form
is
used
as
an
initial
reference
point
for
potential
certified
applicators
in
EPA­
administered
programs.
The
form
requires
only
basic
information
such
as
name
and
address.
For
EPA­
administered
programs
the
respective
Regions
compile
and
maintain
data
on
program
operations.
The
public
may
access
the
data
by
contacting
the
appropriate
EPA
Regional
offices.

5(
c)
Small
Entity
Flexibility
These
regulations
apply
specifically
to
individuals
who
are
certified
applicators.
EPA
believes
that
the
records
required
of
certified
pesticide
applicators
and
their
employees
are
minimal
and
would
generally
be
kept
for
the
applicators'
own
use
even
in
the
absence
of
this
regulation.
In
Colorado
and
Navajo
Indian
Country,
where
EPA
administers
the
certification
program,
dealers
are
also
required
to
keep
records.
EPA
does
not
require
the
submission
of
dealer
records,
but
rather
requires
that
the
dealer
furnish
records
for
inspection
and
copying
upon
request.

There
are
currently
no
dealers
in
the
Navajo
Indian
Country.
August
25,
2004
Page
11
of
56
5(
d)
Collection
Schedule
There
is
not
a
collection
schedule
per
se.
Commercial
applicators
must
generate
records
on
the
kinds,
amounts,
uses,
dates,
and
locations
of
restricted
use
pesticide
applications
immediately
after
pesticide
application,
and
are
required
to
maintain
these
records
for
two
years.
Although
the
records
are
maintained
locally
and
are
not
required
to
be
submitted
to
EPA
or
the
State,
they
must
be
made
available
for
State
or
EPA
officials
upon
request.
Records
collected
may
become
part
of
an
investigation
or
enforcement
action.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
COLLECTION
6(
a)
Estimating
Respondent
Burden
In
estimating
the
average
respondent
burden
related
to
the
information
collection
components
of
the
Agency's
pesticide
applicator
certification
system,
the
Agency
based
the
burden
hour
estimates
on
the
Office
of
Pesticide
Programs'
extensive
experience
and
knowledge
of
the
Certification
and
Training
Program,
Regional
contacts
and
budget
staffing
records
of
the
Regional
offices,
and
information
obtained
from
the
consultation
process,
USDA,
State
Agencies,
and
other
resources.
The
total
annual
burden
for
EPA's
State,
Federal,
and
Tribal
partners
to
report
is
estimated
to
be
4,412
hours,
with
an
average
burden
of
77.4
hours
for
each
of
the
57
participating
entities
(
see
Table
1).
The
average
per
State
burden
was
based
on
several
estimates
that
were
provided
to
EPA
by
participating
States.

There
are
approximately
12,000
private
applicators
in
Colorado;
they
must
be
re­
certified
every
4
years
(
on
average,
3,000
recertified
annually).
In
Navajo
Indian
Country,
35
commercial
and
5
private
applicators
will
need
to
complete
application
forms
to
apply
for
certification.
EPA
therefore
estimates
that
an
average
of
3,040
applications
for
certification
will
be
received
in
the
federally­
administered
program.
The
total
annual
burden
for
certifying
applicators
where
EPA
implements
the
certification
program
in
Colorado
for
private
applicators
and
for
commercial
and
private
applicators
in
the
Navajo
Indian
Country
is
estimated
to
be
517
hours,
with
an
average
burden
estimate
of
0.17
hours,
or
10
minutes,
per
respondent
(
see
Table
2).
This
burden
is
based
on
completing
applications.
Since
the
Federal
Program
is
actually
managed
by
Agency
personnel,
this
burden
estimate
is
based
on
the
experience
of
the
personnel
running
the
program
in
EPA's
Region
8.

The
total
annual
burden
and
cost
of
pesticide
dealers'
record­
keeping
in
Colorado
is
estimated
to
be
an
annual
burden
of
1,330
hours
with
an
average
per
respondent
burden
of
5
hours
(
see
Table
3).
These
estimates
were
derived
from
contacts
within
the
State
of
Colorado,
in
conjunction
with
discussions
with
the
EPA
Regional
office
personnel
that
run
the
other
half
of
the
program
in
Colorado.
The
total
annual
burden
for
record­
keeping
by
commercial
applicators
where
EPA
implements
the
certification
program
in
the
Navajo
Indian
Country
is
estimated
to
be
108.5
hours,
with
an
average
burden
estimate
of
3.1
hours
per
respondent
(
see
Table
4).
August
25,
2004
1
Source:
US
Bureau
of
Labor
Statistics,
Office
of
Employment
and
Unemployment
Statistics,
ES­
202
Program,
1989.
Wage
Rates
of
State
Government
Workers.
Non­
published
data.
Adjusted
for
current
year
with
inflation
factors.

Page
12
of
56
Commercial
applicators
and
firms
under
state­
administered
programs
are
also
subject
to
certain
record­
keeping
requirements,
the
information
that
EPA
requires
to
maintain
them
under
40
CFR
171.
Specifically,
EPA
requires
commercial
applicators
to
record
the
following
information:
the
name
and
address
of
the
person
for
whom
the
pesticide
was
applied;
the
location
of
the
application;
the
target
pest(
s);
the
specific
crop
or
commodity,
as
appropriate;
the
name
and
registration
number
of
the
pesticide
applied;
the
amount
applied
and
percent
active
ingredient
per
unit
of
pesticide
used;
and
the
type
and
amount
of
leftover
pesticide
disposed
of
with
the
method
and
location
of
disposal.
The
Agency
estimates
that
421,000
commercial
applicators
will
be
subject
to
the
record­
keeping
requirements
for
a
total
annual
respondent
burden
of
1,305,000
hours.
The
average
per­
respondent
burden
is
3.1
hours
(
see
Table
5).

6(
b)
Estimating
Respondent
Costs
Respondent
costs
are
based
on
technical,
managerial,
and
clerical
burden
hours
estimated
at
$
73,
$
61,
and
$
47
per
hour,
respectively,
for
states.
These
labor
rates
were
supplied
by
the
Bureau
of
Labor
Statistics1,
and
represent
loaded
labor
rates,
i.
e.
salary
and
overhead
costs.
While
respondents
representing
pesticide
dealers
in
Colorado
will
experience
some
technical
costs,
there
are
no
managerial
or
clerical
costs
associated
with
this.

The
technical­
level
labor
cost
estimates
for
respondents
representing
pesticide
dealers
in
Colorado
were
originally
provided
to
EPA
by
owners
of
small
retail
stores.
Those
estimated
costs
also
accounted
for
overhead.
EPA
has
continued
to
use
those
labor
cost
estimates
in
subsequent
ICR
updates,
each
time
updating
the
original
estimates
to
account
for
inflation.
For
this
renewal
ICR,
the
estimated
technical
labor
cost
for
these
respondents
is
$
19
per
hour.
EPA
updated
the
estimated
labor
rate
identified
in
the
previous
ICR
($
15.60/
hour)
by
utilizing
an
inflation
factor
of
1.21.
The
burden­
hour
estimates
were
derived
from
knowledge
of
the
Certification
and
Training
Program.
EPA
administers
this
program
in
Colorado
from
its
regional
office
located
in
Denver
(
EPA
Region
8),
thus
staffing
requirements
are
well­
known.
There
are
no
capital
expenditures
associated
with
this
information
collection
activity.

The
following
tables
illustrate
the
estimated
burden
and
costs
associated
with
the
information
collection
activities
of
this
program.
Using
the
hourly
rates
mentioned
above,
the
estimated
average
cost
per
participating
State
is
$
4,080,
with
the
total
cost
for
States
under
this
requirement
estimated
to
be
$
232,560.
The
estimated
average
cost
for
certifying
private
applicators
in
Colorado
and
commercial
and
private
applicators
in
the
Navajo
Indian
Country
is
$
3.20
per
respondent,
with
the
total
cost
estimated
to
be
$
9,728.
The
total
estimated
cost
for
the
record­
keeping
requirements
of
Colorado's
pesticide
dealers
is
$
25,270;
averaging
$
95
per
response.
August
25,
2004
Page
13
of
56
The
annual
respondent
cost
for
commercial
applicator
record­
keeping
in
Navajo
Indian
Country
is
estimated
at
$
2,065,
with
an
average
per­
respondent
cost
of
$
59.
Commercial
applicator
programs
run
under
State
authority
have
an
estimated
cost
of
nearly
$
25
million,
based
on
the
commercial
applicator
count
of
421,000.
Again,
the
per­
respondent
cost
is
estimated
at
$
59.
See
Tables
4
and
5
for
further
details.

Table
1.
Annual
Respondent
Cost/
Burden
Estimates
for
State
Annual
Reports
on
Certification
and
Training
Programs
Collection
Activities
Annual
Burden
Hours
TOTALS
Tech.
$
61/
hr
Clerical
$
47/
hr
Hours
Cost
$

Read/
hear
rule
or
any
collective
instrument
instruction
(
incl.
compliance
determination)
0.25
0
0.25
15.00
Create
information
5
0
5
305.00
Gather
information
5
0
5
305.00
Process,
compile,
review
info
for
accuracy
1
0
1
61.00
Complete
written
forms
or
other
instruments
0.5
0.5
1
54.00
Record,
disclose,
display,
or
report
the
information
20
45
65
3335.00
Store,
file,
or
maintain
the
information
0
0.1
0.1
5.00
TOTAL
31.75
45.6
77.35
4080.00
Annual
Burden:
Hr
Total
(
77.4)
x
No.
of
respondents
(
57)
=
4,412
hrs
Annual
Cost:
Cost
Total
($
4080)
x
No.
of
respondents
(
57)
=
$
232,560.00
August
25,
2004
Page
14
of
56
Table
2.
Annual
Respondent
Burden
Estimates
for
Certified
Applicators
in
Federal
Programs
(
Colorado
and
Navajo
Indian
Country)
for
Completion
of
EPA
Application
Forms
(
private
and
commercial
applicators
in
Navajo
Indian
Country;
private
only
in
Colorado)

Collection
Activities
Tech.
$
19/
hr
Hours
Cost
$

Read/
hear
rule
or
any
collective
instrument
instruction
(
incl.
compliance
determination)
0.07
0.07
1.30
Complete
written
forms
or
other
instruments
0.10
0.10
1.90
TOTAL
0.17
0.17
3.20
Annual
Burden:
Hr
Total
(
0.17)
x
No.
of
respondents
3,040
=
517
hrs
Annual
Cost:
Cost
Total
($
3.20)
x
No.
of
respondents
3,040
=
$
9728.00
Table
3.
Annual
Respondent
Cost/
Burden
Estimates
for
Record­
keeping
Requirements
for
Restricted
Use
Pesticide
Certification
Applying
to
266
Colorado­
based
Pesticide
Dealers
Collection
Activities
Tech.
$
19/
hr
Hours
Cost
$

Read/
hear
rule
or
any
collective
instrument
instruction
(
incl.
compliance
determination)
0.5
0.5
9.50
Process,
compile,
review
info
for
accuracy
1
1
19.00
Complete
written
forms
or
other
instruments
2.5
2.5
47.50
Record,
disclose,
display,
or
report
the
information
0.5
0.5
9.50
Store,
file,
or
maintain
the
information
0.5
0.5
9.50
TOTAL
5
5
95.00
Annual
Burden:
Hr
Total
(
5)
x
No.
of
respondents
(
266)
=
1,330
hrs
Annual
Cost:
Cost
Total
($
95)
x
No.
of
respondents
(
266)
=
$
25,270.00
August
25,
2004
Page
15
of
56
Table
4.
Annual
Respondent
Burden
Estimates
for
Commercial
Applicators
­
recordkeeping
in
Navajo
Indian
Country
Collection
Activities
Tech.
$
19/
hr
Hours
Cost
$

Read/
hear
rule
or
any
collective
instrument
instruction
(
incl.
compliance
determination)
0.2
0.2
3.80
Create
information
2
2
38.00
Store,
file,
or
maintain
the
information
0.9
0.9
17.00
TOTAL
3.1
3.1
59.00
Annual
Burden:
Hr
Total
(
3.1)
x
No.
of
respondents
(
35)
=
109
hrs
Annual
Cost:
Cost
Total
($
59)
x
No.
of
respondents
(
35)
=
$
2065.00
Table
5.
Annual
Respondent
Burden
Estimates
for
Commercial
Applicators
and
Firms
for
Record­
keeping
under
State
authority
Collection
Activities
Tech.
$
19/
hr
Hours
Cost
$

Read/
hear
rule
or
any
collective
instrument
instruction
(
incl.
compliance
determination)
0.2
0.2
3.80
Create
information
2
2
38.00
Store,
file,
or
maintain
the
information
0.9
0.9
17.00
TOTAL
3.1
3.1
59.00
Annual
Burden:
Hr
Total
(
3.1)
x
No.
of
respondents
(
421,000)
=
1,305,100
hrs
Annual
Cost:
Cost
Total
($
59)
x
No.
of
respondents
(
421,000)
=$
24,839,000.00
6(
c)
Estimating
Agency
Burden
and
Cost
The
Agency
normally
estimates
the
annual
burden
to
the
federal
government
to
review
the
submissions.
The
Agency's
total
burden
associated
with
the
certification
of
pesticide
applicators
program
is
estimated
at
1857
hours.
The
total
cost
to
the
Agency
is
estimated
at
$
63,753.
The
previous
ICR
estimated
a
significantly
higher
burden,
based
on
proposed
changes
to
the
regulations.
However,
these
proposed
changes
did
not
take
place
and
the
burden
calculated
here
reflects
the
current
process.
August
25,
2004
Page
16
of
56
Table
6a.
Annual
Agency
Burden/
Cost
Estimates
­
burden
to
Regional
Offices
Collection
Activities
Mgmnt
hours
($
46)
Tech.
hours
($
33)
Clerical
hours
($
18)
Total
Hours
Cost
$

Prepare
Report
­
Region
9
for
Navajo
Plan
0
104
0
104
3,432.00
Answer
respondent
questions
7.1
228
0
235.1
7,851.00
Audit/
review
submissions
18.8
798
0
816.8
27,199.00
Record/
enter
submissions
0
200
0
200
6,600.00
Reformat
and
distribute
data
0
91.2
0
91.2
3,009.00
Store,
file,
or
maintain
the
information
0
68.4
11.4
79.8
2,462.00
TOTAL
25.9
1489.6
11.4
1526.9
50,553.00
The
salaries
used
for
management,
technical,
and
clerical
were,
respectively,
GS­
13,
step
8;
GS­
12,
step
2;
and
GS­
6,
step
4.
These
burden
hours
are
estimated
based
on
information
provided
by
four
regional
offices,
and
wages
are
adjusted
with
an
inflation
factor.
Total
hours
result
in
aggregate
of
0.72
FTE.

Table
6b.
Annual
Agency
Burden/
Cost
Estimates
­
Headquarters
estimates
for
Review
of
submitted
reports
Collection
Activities
Tech.
Hours
@
$
40/
hr
Cost
$

Answer
respondent
questions
100
4,000.00
Audit/
review
submissions
100
4,000.00
Record/
enter
submissions
80
3,200.00
Reformat
and
distribute
data
40
1,600.00
Store,
file,
or
maintain
the
information
10
400.00
TOTAL
330
13,200.00
The
total
Federal
burden
for
the
review
of
the
submissions
and
development
of
the
Navajo
Indian
Country
report
is
estimated
at
$
63,753
and
1857
hours,
or
approximately
0.9
FTE.
August
25,
2004
Page
17
of
56
6(
d)
Bottom
Line
Burden
Hours
and
Cost
Table
Table
7.
Bottom
Line
Burden
Hours
and
Cost
Table
(
i)
Respondent
Tally
Total
Burden
Hours
Total
Cost
($)

States
(
Table
1)
4,412
232,560.00
Federal
program
­
certified
applicators
(
Tables
2
and
4)
517
109
9,728.00
2,065.00
State­
administered
programs
­
certified
applicators
(
Table
5)
1,305,000
24,839,000.00
Pesticide
Dealers
(
Table
3)
1,330
25,270.00
Bottom
Line
Respondent
total
1,311,368
25,108,623.00
(
ii)
Agency
Tally
1,857
63,753.00
6(
e)
Reasons
for
Change
in
Burden
The
previous
ICR
included
substantial
federal
burden
for
implementing
significant
changes
to
the
regulation.
Those
changes
were
not
realized,
therefore,
the
anticipated
increases
in
the
federal
burden
are
not
included
in
this
ICR.

The
public
burden
compared
to
the
previous
ICR
has
increased
slightly,
from
1,285,865
to
1,311,368
hours,
due
to
an
increase
in
the
number
of
certified
commercial
applicators.
This
change
is
an
adjustment.
Burden
from
programs
administered
by
EPA
increased,
as
the
Navajo
Indian
Country
plan
for
applicators
is
expected
to
initiate
soon,
and
the
number
of
applicators
certifying
is
increased
in
the
counts.
The
cost
burden
has
risen
as
well,
primarily
as
the
result
of
inflation,
from
$
21,456,058
to
$
25,108,623.

6(
f)
Burden
Statement
The
annual
burden
for
this
collection
is
estimated
to
average
5
hours
for
pesticide
dealer
record­
keeping
in
Colorado,
0.17
hours
­
approximately
10
minutes
­
for
certifying
applicators
in
Colorado
and
in
the
Navajo
Indian
Country,
and
77.4
hours
for
each
state
to
submit
annual
reports.
Certified
commercial
applicators
have
an
annual
average
burden
of
3.1
hours
for
preparing
and
maintaining
required
records.

According
to
the
Paperwork
Reduction
Act,
"
burden"
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
disclose,
or
provide
information
to
or
for
a
Federal
agency.
For
this
collection,
it
is
the
time
reading
the
regulations,
August
25,
2004
Page
18
of
56
planning
the
necessary
data
collection
activities,
analyzing
data,
generating
reports
and
completing
other
required
paperwork,
and
storing,
filing,
and
maintaining
the
data.
The
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
number
for
this
information
collection
appears
at
the
beginning
and
end
of
this
document.
In
addition
OMB
control
numbers
for
EPA's
regulations,
after
initial
display
in
the
final
rule,
are
listed
in
40
CFR
part
9.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OPP­
2003­
0357
which
is
available
for
public
viewing
at
the
OPP
Docket
in
the
Public
Information
and
Records
Integrity
Branch,
Rm.
119,
Crystal
Mall
#
2,
1801
Bell
St.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4:
00
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305­
5805.

An
electronic
version
of
the
public
docket
for
this
ICR
renewal
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search,"
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Please
include
the
EPA
Docket
ID
No.
OPP­
2003­
0357
and
OMB
Control
No.
2070­
0029
in
any
correspondence.

ATTACHMENTS
FOR
THE
SUPPORTING
STATEMENT
Attachment
A
7
U.
S.
C.
136a(
d)
­
FIFRA
Section
3(
d)
­
This
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.

Attachment
B
7
U.
S.
C.
136i
­
FIFRA
Section
11
­
This
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.

Attachment
C
40
CFR
171
­
Certification
of
Pesticide
Applicators
­
This
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.

Attachment
D
List
of
Respondents
Consulted
by
EPA
Regarding
the
ICR
Renewal
­
This
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.

Attachment
E
EPA
Form
8500­
17
­
Colorado
Private
Pesticide
Applicator
Certification
Application
Form
­
This
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.
August
25,
2004
Page
19
of
56
EPA
ICR
No.
0155.08
OMB
Control
No.
2070­
0029
ATTACHMENT
A
Section
3(
d)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
August
25,
2004
Page
20
of
56
Section
3(
d)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
d)
CLASSIFICATION
OF
PESTICIDES.
 
(
1)
CLASSIFICATION
FOR
GENERAL
USE,
RESTRICTED
USE,
OR
BOTH.
 
(
A)
As
a
part
of
the
registration
of
a
pesticide
the
Administrator
shall
classify
it
as
being
for
general
use
or
for
restricted
use.
If
the
Administrator
determines
that
some
of
the
uses
for
which
the
pesticide
is
registered
should
be
for
general
use
and
that
other
uses
for
which
it
is
registered
should
be
for
restricted
use,
the
Administrator
shall
classify
it
for
both
general
use
and
restricted
use.
Pesticide
uses
may
be
classified
by
regulation
on
the
initial
classification
and
registered
pesticides
may
be
classified
prior
to
reregistration.
If
some
of
the
uses
of
the
pesticide
are
classified
for
general
use
and
other
uses
are
classified
for
restricted
use,
the
directions
relating
to
its
general
uses
shall
be
clearly
separated
and
distinguished
from
those
directions
relating
to
its
restricted
uses.
The
Administrator
may
require
that
its
packaging
and
labeling
for
restricted
uses
shall
be
clearly
distinguishable
from
its
packaging
and
labeling
for
general
uses.
(
B)
If
the
Administrator
determines
that
the
pesticide,
when
applied
in
accordance
with
its
directions
for
use,
warnings
and
cautions
and
for
the
uses
for
which
it
is
registered,
or
for
one
or
more
of
such
uses,
or
in
accordance
with
a
widespread
and
commonly
recognized
practice,
will
not
generally
cause
unreasonable
adverse
effects
on
the
environment,
the
Administrator
will
classify
the
pesticide,
or
the
particular
use
or
uses
of
the
pesticide
to
which
the
determination
applies,
for
general
use.
(
C)
If
the
Administrator
determines
that
the
pesticide,
when
applied
in
accordance
with
its
directions
for
use,
warnings
and
cautions
and
for
the
uses
for
which
it
is
registered,
or
for
one
or
more
of
such
uses,
or
in
accordance
with
a
widespread
and
commonly
recognized
practice,
may
generally
cause,
without
additional
regulatory
restrictions,
unreasonable
adverse
effects
on
the
environment,
including
injury
to
the
applicator,
the
Administrator
shall
classify
the
pesticide,
or
the
particular
use
or
uses
to
which
the
determination
applies,
for
restricted
use:
(
i)
If
the
Administrator
classifies
a
pesticide,
or
one
or
more
uses
of
such
pesticide,
for
restricted
use
because
of
a
determination
that
the
acute
dermal
or
inhalation
toxicity
of
the
pesticide
presents
a
hazard
to
the
applicator
or
other
persons,
the
pesticide
shall
be
applied
for
any
use
to
which
the
restricted
classification
applies
only
by
or
under
the
direct
supervision
of
a
certified
applicator.
(
ii)
If
the
Administrator
classifies
a
pesticide,
or
one
or
more
uses
of
such
pesticide,
for
restricted
use
because
of
a
determination
that
its
use
without
additional
regulatory
restriction
may
cause
unreasonable
adverse
effects
on
the
environment,
the
pesticide
shall
be
applied
for
any
use
to
which
the
determination
applies
only
by
or
under
the
direct
supervision
of
a
certified
applicator,
or
subject
to
such
other
restrictions
as
the
Administrator
may
provide
by
regulation.
Any
such
regulation
shall
be
reviewable
in
the
appropriate
court
of
appeals
upon
petition
of
a
person
adversely
affected
filed
within
60
days
of
the
publication
of
the
regulation
in
final
form.
(
2)
CHANGE
IN
CLASSIFICATION.
 
If
the
Administrator
determines
that
a
change
in
the
classification
of
any
use
of
a
pesticide
from
general
use
to
restricted
use
is
necessary
to
prevent
August
25,
2004
Page
21
of
56
unreasonable
adverse
effects
on
the
environment,
the
Administrator
shall
notify
the
registrant
of
such
pesticide
of
such
determination
at
least
forty­
five
days
before
making
the
change
and
shall
publish
the
proposed
change
in
the
Federal
Register.
The
registrant,
or
other
interested
person
with
the
concurrence
of
the
registrant,
may
seek
relief
from
such
determination
under
section
6(
b).
(
3)
CHANGE
IN
CLASSIFICATION
FROM
RESTRICTED
USE
TO
GENERAL
USE.
 
The
registrant
of
any
pesticide
with
one
or
more
uses
classified
for
restricted
use
may
petition
the
Administrator
to
change
any
such
classification
from
restricted
to
general
use.
Such
petition
shall
set
out
the
basis
for
the
registrant's
position
that
restricted
use
classification
is
unnecessary
because
classification
of
the
pesticide
for
general
use
would
not
cause
unreasonable
adverse
effects
on
the
environment.
The
Administrator,
within
sixty
days
after
receiving
such
petition,
shall
notify
the
registrant
whether
the
petition
has
been
granted
or
denied.
Any
denial
shall
contain
an
explanation
therefor
and
any
such
denial
shall
be
subject
to
judicial
review
under
section
16
of
this
Act.
August
25,
2004
Page
22
of
56
EPA
ICR
No.
0155.08
OMB
Control
No.
2070­
0029
ATTACHMENT
B
Section
11
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
August
25,
2004
Page
23
of
56
Section
11
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
SEC.
11.
[
7
U.
S.
C.
136i]
USE
OF
RESTRICTED
USE
PESTICIDES;
APPLICATORS.
(
a)
CERTIFICATION
PROCEDURE.
 
(
1)
FEDERAL
CERTIFICATION.
 
In
any
State
for
which
a
State
plan
for
applicator
certification
has
not
been
approved
by
the
Administrator,
the
Administrator,
in
consultation
with
the
Governor
of
such
State,
shall
conduct
a
program
for
the
certification
of
applicators
of
pesticides.
Such
program
shall
conform
to
the
requirements
imposed
upon
the
States
under
the
provisions
of
subsection
(
a)(
2)
of
this
section
and
shall
not
require
private
applicators
to
take
any
examination
to
establish
competency
in
the
use
of
pesticides.
Prior
to
the
implementation
of
the
program,
the
Administrator
shall
publish
in
the
Federal
Register
for
review
and
comment
a
summary
of
the
Federal
plan
for
applicator
certification
and
shall
make
generally
available
within
the
State
copies
of
the
plan.
The
Administrator
shall
hold
public
hearings
at
one
or
more
locations
within
the
State
if
so
requested
by
the
Governor
of
such
State
during
the
thirty
days
following
publication
of
the
Federal
Register
notice
inviting
comment
on
the
Federal
plan.
The
hearings
shall
be
held
within
thirty
days
following
receipt
of
the
request
from
the
Governor.
In
any
State
in
which
the
Administrator
conducts
a
certification
program,
the
Administrator
may
require
any
person
engaging
in
the
commercial
application,
sale,
offering
for
sale,
holding
for
sale,
or
distribution
of
any
pesticide
one
or
more
uses
of
which
have
been
classified
for
restricted
use
to
maintain
such
records
and
submit
such
reports
concerning
the
commercial
application,
sale,
or
distribution
of
such
pesticide
as
the
Administrator
may
be
regulation
prescribe.
Subject
to
paragraph
(
2),
the
Administrator
shall
prescribe
standards
for
the
certification
of
applicators
of
pesticides.
Such
standards
shall
provide
that
to
be
certified,
an
individual
must
be
determined
to
be
competent
with
respect
to
the
use
and
handling
of
pesticides,
or
to
the
use
and
handling
of
the
pesticide
or
class
of
pesticides
covered
by
such
individual's
certification.
The
certification
standard
for
a
private
applicator
shall,
under
a
State
plan
submitted
for
approval,
be
deemed
fulfilled
by
the
applicator
completing
a
certification
form.
The
Administrator
shall
further
assure
that
such
form
contains
adequate
information
and
affirmations
to
carry
out
the
intent
of
this
Act,
and
may
include
in
the
form
an
affirmation
that
the
private
applicator
has
completed
a
training
program
approved
by
the
Administrator
so
long
as
the
program
does
not
require
the
private
applicator
to
take,
pursuant
to
a
requirement
prescribed
by
the
Administrator,
any
examination
to
establish
competency
in
the
use
of
the
pesticide.
The
Administrator
may
require
any
pesticide
dealer
participating
in
a
certification
program
to
be
licensed
under
a
State
licensing
program
approved
by
the
Administrator.
(
2)
STATE
CERTIFICATION.
 
If
any
State,
at
any
time,
desires
to
certify
applicators
of
pesticides,
the
Governor
of
such
State
shall
submit
a
State
plan
for
such
purpose.
The
Administrator
shall
approve
the
plan
submitted
by
any
State,
or
any
modification
thereof,
if
such
plan
in
the
Administrator's
judgment
 
(
A)
designates
a
State
agency
as
the
agency
responsible
for
administering
the
plan
throughout
the
State;
(
B)
contains
satisfactory
assurances
that
such
agency
has
or
will
have
the
legal
authority
and
qualified
personnel
necessary
to
carry
out
the
plan;
(
C)
gives
satisfactory
assurances
that
the
State
will
devote
adequate
funds
to
the
August
25,
2004
Page
24
of
56
administration
of
the
plan;
(
D)
provides
that
the
State
agency
will
make
such
reports
to
the
Administrator
in
such
form
and
containing
such
information
as
the
Administrator
may
from
time
to
time
require;
and
(
E)
contains
satisfactory
assurances
that
State
standards
for
the
certification
of
applicators
of
pesticides
conform
with
those
standards
prescribed
by
the
Administrator
under
paragraph
(
1).
Any
State
certification
program
under
this
section
shall
be
maintained
in
accordance
with
the
State
plan
approved
under
this
section.
(
b)
STATE
PLANS.
 
If
the
Administrator
rejects
a
plan
submitted
under
subsection
(
a)(
2),
the
Administrator
shall
afford
the
State
submitting
the
plan
due
notice
and
opportunity
for
hearing
before
so
doing.
If
the
Administrator
approves
a
plan
submitted
under
subsection
(
a)(
2),
then
such
State
shall
certify
applicators
of
pesticides
with
respect
to
such
State.
Whenever
the
Administrator
determines
that
a
State
is
not
administering
the
certification
program
in
accordance
with
the
plan
approved
under
this
section,
the
Administrator
shall
so
notify
the
State
and
provide
for
a
hearing
at
the
request
of
the
State,
and,
if
appropriate
corrective
action
is
not
taken
within
a
reasonable
time,
not
to
exceed
ninety
days,
the
Administrator
shall
withdraw
approval
of
such
plan.
(
c)
INSTRUCTION
IN
INTEGRATED
PEST
MANAGEMENT
TECHNIQUES.
 
Standards
prescribed
by
the
Administrator
for
the
certification
of
applicators
of
pesticides
under
subsection
(
a),
and
the
State
plans
submitted
to
the
Administrator
under
subsection
(
a),
shall
include
provisions
for
making
instructional
materials
concerning
integrated
pest
management
techniques
available
to
individuals
at
their
request
in
accordance
with
the
provisions
of
section
23(
c)
of
this
Act,
but
such
plans
may
not
require
that
any
individual
receive
instruction
concerning
such
techniques
or
be
shown
to
be
competent
with
respect
to
the
use
of
such
techniques.
The
Administrator
and
States
implementing
such
plans
shall
provide
that
all
interested
individuals
are
notified
of
the
availability
of
such
instructional
materials.
(
d)
IN
GENERAL.
 
No
regulations
prescribed
by
the
Administrator
for
carrying
out
the
provisions
of
this
Act
shall
require
any
private
applicator
to
maintain
any
records
or
file
any
reports
or
other
documents.
(
e)
SEPARATE
STANDARDS.
 
When
establishing
or
approving
standards
for
licensing
or
certification,
the
Administrator
shall
establish
separate
standards
for
commercial
and
private
applicators.
August
25,
2004
Page
25
of
56
EPA
ICR
No.
0155.08
OMB
Control
No.
2070­
0029
ATTACHMENT
C
40
C.
F.
R.
171
­
Certification
of
Pesticide
Applicators
August
25,
2004
Page
26
of
56
Code
of
Federal
Regulations
Title
40
 
Protection
of
the
Environment
Part
171
­
Certification
of
Pesticide
Applicators
Section
Contents
§
171.1
General.
§
171.2
Definitions.
§
171.3
Categorization
of
commercial
applicators
of
pesticides.
§
171.4
Standards
for
certification
of
commercial
applicators.
§
171.5
Standards
for
certification
of
private
applicators.
§
171.6
Standards
for
supervision
of
noncertified
applicators
by
certified
private
and
commercial
applicators.
§
171.7
Submission
and
approval
of
State
plans
for
certification
of
commercial
and
private
applicators
of
restricted
use
pesticides.
§
171.8
Maintenance
of
State
plans.
§
171.9
Submission
and
approval
of
Government
Agency
Plan.
§
171.10
Certification
of
applicators
on
Indian
Reservations.
§
171.11
Federal
certification
of
pesticide
applicators
in
States
or
on
Indian
Reservations
where
there
is
no
approved
State
or
Tribal
certification
plan
in
effect.

Authority:
7
U.
S.
C.
136b
and
136w.
Source:
39
FR
36449,
Oct.
9,
1974,
unless
otherwise
noted.

§
171.1
General.

This
section
deals
with
the
certification
of
applicators
of
restricted
use
pesticides.

§
171.2
Definitions.

(
a)
General.
Terms
used
in
this
subpart
shall
have
the
meanings
set
forth
for
such
terms
in
the
Act.
In
addition,
the
following
definitions
are
applicable
to
all
aspects
of
the
certification
of
pesticide
applicator
program
in
this
part:

(
1)
The
term
accident
means
an
unexpected,
undesirable
event,
caused
by
the
use
or
presence
of
a
pesticide,
that
adversely
affects
man
or
the
environment.

(
2)
The
term
Act
means
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act,
as
amended
(
86
Stat.
973),
and
other
legislation
supplementary
thereto
and
amendatory
thereof.

(
3)
The
term
Administrator
means
the
Administrator
of
the
Environmental
Protection
Agency,
or
any
office
or
employee
of
the
Agency
to
whom
authority
has
heretofore
been
delegated,
or
to
whom
authority
may
hereafter
be
delegated,
to
act
in
his
stead.

(
4)
The
term
Agency,
unless
otherwise
specified,
means
the
United
States
Environmental
August
25,
2004
Page
27
of
56
Protection
Agency.

(
5)
The
term
agricultural
commodity
means
any
plant,
or
part
thereof,
or
animal,
or
animal
product,
produced
by
a
person
(
including
farmers,
ranchers,
vineyardists,
plant
propagators,
Christmas
tree
growers,
aquaculturists,
floriculturists,
orchardists,
foresters,
or
other
comparable
persons)
primarily
for
sale,
consumption,
propagation,
or
other
use
by
man
or
animals.

(
6)
The
term
calibration
of
equipment
means
measurement
of
dispersal
or
output
of
application
equipment
and
adjustment
of
such
equipment
to
control
the
rate
of
dispersal,
and
droplet
or
particle
size
of
a
pesticide
dispersed
by
the
equipment.

(
7)
The
term
certification
means
the
recognition
by
a
certifying
agency
that
a
person
is
competent
and
thus
authorized
to
use
or
supervise
the
use
of
restricted
use
pesticides.

(
8)
The
term
certified
applicator
means
any
individual
who
is
certified
to
use
or
supervise
the
use
of
any
restricted
use
pesticides
covered
by
his
certification.

(
9)
The
term
commercial
applicator
means
a
certified
applicator
(
whether
or
not
he
is
a
private
applicator
with
respect
to
some
uses)
who
uses
or
supervises
the
use
of
any
pesticide
which
is
classified
for
restricted
use
for
any
purpose
or
on
any
property
other
than
as
provided
by
the
definition
of
"
private
applicator."

(
10)
The
term
compatibility
means
that
property
of
a
pesticide
which
permits
its
use
with
other
chemicals
without
undesirable
results
being
caused
by
the
combination.

(
11)
The
term
competent
means
properly
qualified
to
perform
functions
associated
with
pesticide
application,
the
degree
of
capability
required
being
directly
related
to
the
nature
of
the
activity
and
the
associated
responsibility.

(
12)
The
term
common
exposure
route
means
a
likely
way
(
oral,
dermal,
respiratory)
by
which
a
pesticide
may
reach
and/
or
enter
an
organism.

(
13)
The
term
environment
means
water,
air,
land,
and
all
plants
and
man
and
other
animals
living
therein,
and
the
interrelationships
which
exist
among
them.

(
14)
The
term
forest
means
a
concentration
of
trees
and
related
vegetation
in
non­
urban
areas
sparsely
inhabited
by
and
infrequently
used
by
humans;
characterized
by
natural
terrain
and
drainage
patterns.

(
15)
The
term
hazard
means
a
probability
that
a
given
pesticide
will
have
an
adverse
effect
on
man
or
the
environment
in
a
given
situation,
the
relative
likelihood
of
danger
or
ill
effect
being
dependent
on
a
number
of
interrelated
factors
present
at
any
given
time.

(
16)
The
term
host
means
any
plant
or
animal
on
or
in
which
another
lives
for
nourishment,
August
25,
2004
Page
28
of
56
development,
or
protection.

(
17)
The
term
non­
target
organism
means
a
plant
or
animal
other
than
the
one
against
which
the
pesticide
is
applied.

(
18)
The
term
ornamental
means
trees,
shrubs,
and
other
plantings
in
and
around
habitations
generally,
but
not
necessarily
located
in
urban
and
suburban
areas,
including
residences,
parks,
streets,
retail
outlets,
industrial
and
institutional
buildings.

(
19)
The
term
practical
knowledge
means
the
possession
of
pertinent
facts
and
comprehension
together
with
the
ability
to
use
them
in
dealing
with
specific
problems
and
situations.

(
20)
The
term
private
applicator
means
a
certified
applicator
who
uses
or
supervises
the
use
of
any
pesticide
which
is
classified
for
restricted
use
for
purposes
of
producing
any
agricultural
commodity
on
property
owned
or
rented
by
him
or
his
employer
or
(
if
applied
without
compensation
other
than
trading
of
personal
services
between
producers
of
agricultural
commodities)
on
the
property
of
another
person.

(
21)
The
term
protective
equipment
means
clothing
or
any
other
materials
or
devices
that
shield
against
unintended
exposure
to
pesticides.

(
22)
The
term
regulated
pest
means
a
specific
organism
considered
by
a
State
or
Federal
agency
to
be
a
pest
requiring
regulatory
restrictions,
regulations,
or
control
procedures
in
order
to
protect
the
host,
man
and/
or
his
environment.

(
23)
The
term
restricted
use
pesticide
means
a
pesticide
that
is
classified
for
restricted
use
under
the
provisions
of
section
3(
d)(
1)(
C)
of
the
Act.

(
24)
The
term
standard
means
the
measure
of
knowledge
and
ability
which
must
be
demonstrated
as
a
requirement
for
certification.

(
25)
The
term
State
means
a
State,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Virgin
Islands,
Guam,
the
Trust
Territory
of
the
Pacific
Islands,
and
American
Samoa.

(
26)
The
term
susceptibility
means
the
degree
to
which
an
organism
is
affected
by
a
pesticide
at
a
particular
level
of
exposure.

(
27)
The
term
toxicity
means
the
property
of
a
pesticide
to
cause
any
adverse
physiological
effects.

(
28)
The
term
under
the
direct
supervision
of
means
the
act
or
process
whereby
the
application
of
a
pesticide
is
made
by
a
competent
person
acting
under
the
instructions
and
control
of
a
certified
applicator
who
is
responsible
for
the
actions
of
that
person
and
who
is
available
if
and
when
needed,
even
though
such
certified
applicator
is
not
physically
present
at
the
time
and
place
the
August
25,
2004
Page
29
of
56
pesticide
is
applied.

(
b)
Limited.
The
following
definitions
apply
only
to
dealers,
dealerships
and
transactions
in
States
or
on
Indian
Reservations
where
EPA
conducts
a
Federal
Pesticide
Applicator
Certification
Program.

(
1)
The
term
restricted
use
pesticide
retail
dealer
means
any
person
who
makes
available
for
use
any
restricted
use
pesticide,
or
who
offers
to
make
available
for
use
any
such
pesticide.

(
2)
The
term
make
available
for
use
means
to
distribute,
sell,
ship,
deliver
for
shipment,
or
receive
and
(
having
so
received)
deliver,
to
any
person.
However,
the
term
excludes
transactions
solely
between
persons
who
are
pesticide
producers,
registrants,
wholesalers,
or
retail
sellers,
acting
only
in
those
capacities.

(
3)
The
term
dealership
means
any
site
owned
or
operated
by
a
restricted
use
pesticide
retail
dealer
where
any
restricted
use
pesticide
is
made
available
for
use,
or
where
the
dealer
offers
to
make
available
for
use
any
such
pesticide.

(
4)
The
term
uncertified
person
means
any
person
who
is
not
holding
a
currently
valid
certification
document
indicating
that
he
is
certified
under
section
4
of
FIFRA
in
the
category
of
the
restricted
use
pesticide
made
available
for
use.

(
5)
The
term
principal
place
of
business
means
the
principal
location,
either
residence
or
office,
in
the
State
in
which
an
individual,
partnership,
or
corporation
applies
pesticides.

[
39
FR
36449,
Oct.
9,
1974,
as
amended
at
48
FR
53974,
Nov.
1983]

§
171.3
Categorization
of
commercial
applicators
of
pesticides.

(
a)
Procedure.
Categories
of
applicators
(
other
than
private)
using
or
supervising
the
use
of
restricted
use
pesticides
are
identified
below.
State
systems
of
applicator
identification
shall
adopt
these
categories
as
needed,
along
with
such
appropriate
subcategories
as
are
necessary
to
meet
the
particular
requirements
of
the
State.

(
b)
Categories
 
(
1)
Agricultural
pest
control
 
(
i)
Plant.
This
category
includes
commercial
applicators
using
or
supervising
the
use
of
restricted
use
pesticides
in
production
of
agricultural
crops,
including
without
limiting
the
foregoing,
tobacco,
peanuts,
cotton,
feed
grains,
soybeans
and
forage;
vegetables;
small
fruits;
tree
fruits
and
nuts;
as
well
as
on
grasslands
and
non­
crop
agricultural
lands.

(
ii)
Animal.
This
category
includes
commercial
applicators
using
or
supervising
the
use
of
restricted
use
pesticides
on
animals,
including
without
limiting
the
foregoing,
beef
cattle,
dairy
cattle,
swine,
sheep,
horses,
goats,
poultry,
and
livestock,
and
to
places
on
or
in
which
animals
are
confined.
August
25,
2004
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30
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56
Doctors
of
Veterinary
Medicine
engaged
in
the
business
of
applying
pesticides
for
hire,
publicly
holding
themselves
out
as
pesticide
applicators,
or
engaged
in
large­
scale
use
of
pesticides
are
included
in
this
category.

(
2)
Forest
pest
control.
This
category
includes
commercial
applicators
using
or
supervising
the
use
of
restricted
use
pesticides
in
forests,
forest
nurseries,
and
forest
seed
producing
areas.

(
3)
Ornamental
and
turf
pest
control.
This
category
includes
commercial
applicators
using
or
supervising
the
use
of
restricted
use
pesticides
to
control
pests
in
the
maintenance
and
production
of
ornamental
trees,
shrubs,
flowers,
and
turf.

(
4)
Seed
treatment.
This
category
includes
commercial
applicators
using
or
supervising
the
use
of
restricted
use
pesticides
on
seeds.

(
5)
Aquatic
pest
control.
This
category
includes
commercial
applicators
using
or
supervising
the
use
of
any
restricted
use
pesticide
purposefully
applied
to
standing
or
running
water,
excluding
applicators
engaged
in
public
health
related
activities
included
in
category
8
below.

(
6)
Right­
of­
way
pest
control.
This
category
includes
commercial
applicators
using
or
supervising
the
use
of
restricted
use
pesticides
in
the
maintenance
of
public
roads,
electric
powerlines,
pipelines,
railway
rights­
of­
way
or
other
similar
areas.

(
7)
Industrial,
institutional,
structural
and
health
related
pest
control.
This
category
includes
commercial
applicators
using
or
supervising
the
use
of
restricted
use
pesticides
in,
on,
or
around
food
handling
establishments,
human
dwellings,
institutions,
such
as
schools
and
hospitals,
industrial
establishments,
including
warehouses
and
grain
elevators,
and
any
other
structures
and
adjacent
areas,
public
or
private;
and
for
the
protection
of
stored,
processed,
or
manufactured
products.

(
8)
Public
health
pest
control.
This
category
includes
State,
Federal
or
other
governmental
employees
using
or
supervising
the
use
of
restricted
use
pesticides
in
public
health
programs
for
the
management
and
control
of
pests
having
medical
and
public
health
importance.

(
9)
Regulatory
pest
control.
This
category
includes
State,
Federal
or
other
governmental
employees
who
use
or
supervise
the
use
of
restricted
use
pesticides
in
the
control
of
regulated
pests.

(
10)
Demonstration
and
research
pest
control.
This
category
includes:
(
i)
individuals
who
demonstrate
to
the
public
the
proper
use
and
techniques
of
application
of
restricted
use
pesticides
or
supervise
such
demonstration,
and
(
ii)
persons
conducting
field
research
with
pesticides,
and
in
doing
so,
use
or
supervise
the
use
of
restricted
use
pesticides.
Included
in
the
first
group
are
such
persons
as
extension
specialists
and
county
agents,
commercial
representatives
demonstrating
pesticide
products,
and
those
individuals
demonstrating
methods
used
in
public
programs.
The
second
group
includes:
State,
Federal,
commercial
and
other
persons
conducting
field
research
on
August
25,
2004
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31
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56
or
utilizing
restricted
use
pesticides.

(
c)
Other
categories
and
subcategories.
Any
State
submitting
a
plan
pursuant
to
this
section
for
the
certification
of
applicators,
as
provided
for
below,
may
designate
such
subcategories
within
the
above
10
categories
as
it
deems
necessary.
In
addition,
a
State
may
delete
a
category
not
needed
or
may
request
the
Administrator's
approval
of
additional
major
categories.

§
171.4
Standards
for
certification
of
commercial
applicators.

(
a)
Determination
of
competency.
Competence
in
the
use
and
handling
of
pesticides
shall
be
determined
on
the
basis
of
written
examinations,
and,
as
appropriate,
performance
testing,
based
upon
standards
set
forth
below
and
which
are
approved
by
the
Administrator.
Such
examination
and
testing
shall
include
the
general
standards
applicable
to
all
categories
(
§
171.4(
b))
and
the
additional
standards
specifically
identified
for
each
category
or
subcategory
(
if
any)
in
which
an
applicator
is
to
be
classified
(
§
171.4(
c)).
State
standards
must
conform
and
be
at
least
equal
to
those
prescribed
herein.
In
developing
the
details
of
standards
at
the
State
level
and
in
structuring
examinations,
it
is
important
to
recognize
and
reflect
the
extent
of
competency
appropriate
and
necessary
to
a
particular
category.

(
b)
General
standards
for
all
categories
of
certified
commercial
applicators.
(
1)
All
commercial
applicators
shall
demonstrate
practical
knowledge
of
the
principles
and
practices
of
pest
control
and
safe
use
of
pesticides.
Testing
shall
be
based
on
examples
of
problems
and
situations
appropriate
to
the
particular
category
or
subcategory
of
the
applicator's
certification
and
the
following
areas
of
competency:

(
i)
Label
&
labeling
comprehension.
(
a)
The
general
format
and
terminology
of
pesticide
labels
and
labeling;

(
b)
The
understanding
of
instructions,
warnings,
terms,
symbols,
and
other
information
commonly
appearing
on
pesticide
labels;

(
c)
Classification
of
the
product,
general
or
restricted;
and
(
d)
Necessity
for
use
consistent
with
the
label.

(
ii)
Safety.
Factors
including:

(
a)
Pesticide
toxicity
and
hazard
to
man
and
common
exposure
routes;

(
b)
Common
types
and
causes
of
pesticide
accidents;

(
c)
Precautions
necessary
to
guard
against
injury
to
applicators
and
other
individuals
in
or
near
treated
areas;
August
25,
2004
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32
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56
(
d)
Need
for
and
use
of
protective
clothing
and
equipment;

(
e)
Symptoms
of
pesticide
poisoning;

(
f)
First
aid
and
other
procedures
to
be
followed
in
case
of
a
pesticide
accident;
and
(
g)
Proper
identification,
storage,
transport,
handling,
mixing
procedures
and
disposal
methods
for
pesticides
and
used
pesticide
containers,
including
precautions
to
be
taken
to
prevent
children
from
having
access
to
pesticides
and
pesticide
containers.

(
iii)
Environment.
The
potential
environmental
consequences
of
the
use
and
misuse
of
pesticides
as
may
be
influenced
by
such
factors
as:

(
a)
Weather
and
other
climatic
conditions;

(
b)
Types
of
terrain,
soil
or
other
substrate;

(
c)
Presence
of
fish,
wildlife
and
other
non­
target
organisms;
and
(
d)
Drainage
patterns.

(
iv)
Pests.
Factors
such
as:
(
a)
Common
features
of
pest
organisms
and
characteristics
of
damage
needed
for
pest
recognition;

(
b)
Recognition
of
relevant
pests;
and
(
c)
Pest
development
and
biology
as
it
may
be
relevant
to
problem
identification
and
control.

(
v)
Pesticides.
Factors
such
as:

(
a)
Types
of
pesticides;

(
b)
Types
of
formulations;

(
c)
Compatibility,
synergism,
persistence
and
animal
and
plant
toxicity
of
the
formulations;

(
d)
Hazards
and
residues
associated
with
use;

(
e)
Factors
which
influence
effectiveness
or
lead
to
such
problems
as
resistance
to
pesticides;
and
(
f)
Dilution
procedures.

(
vi)
Equipment.
Factors
including:
(
a)
Types
of
equipment
and
advantages
and
limitations
of
each
type;
and
August
25,
2004
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33
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56
(
b)
Uses,
maintenance
and
calibration.

(
vii)
Application
techniques.
Factors
including:

(
a)
Methods
of
procedure
used
to
apply
various
formulations
of
pesticides,
solutions,
and
gases,
together
with
a
knowledge
of
which
technique
of
application
to
use
in
a
given
situation;

(
b)
Relationship
of
discharge
and
placement
of
pesticides
to
proper
use,
unnecessary
use,
and
misuse;
and
(
c)
Prevention
of
drift
and
pesticide
loss
into
the
environment.

(
viii)
Laws
and
regulations.
Applicable
State
and
Federal
laws
and
regulations.

(
c)
Specific
standards
of
competency
for
each
category
of
commercial
applicators.
Some
of
the
factors
referenced
in
paragraph
(
b)
of
this
section
are
of
particular
importance
because
of
the
different
types
of
activities
carried
out
by
applicators
in
each
category.
Such
factors
must
be
especially
stressed
and
specifically
reflected
in
State
certification
standards,
as
appropriate.
For
example,
practical
knowledge
of
drift
problems
should
be
required
of
agricultural
applicators
but
not
of
seed
treatment
applicators.
The
latter,
however,
should
be
particularly
knowledgeable
of
the
hazards
of
the
misuse
of
treated
seed
and
the
necessary
precautionary
techniques.
Many
applicators
in
§
171.3(
b)
(
8),
(
9),
and
(
10)
will
have
had
considerable
formal
education,
training
and
experience
in
preparation
for
their
positions.
Their
competency
with
respect
to
the
use
and
handling
of
pesticides
will
have
been
determined
by
examining
boards
of
their
professional
scientific
societies
utilizing
standards
which
equal
or
exceed
those
prescribed
herein.
Such
standards
should
be
consulted
by
States
in
developing
their
State
standards
for
certification
of
such
applicators
under
these
regulations.
Commercial
applicators
in
each
category
shall
be
particularly
qualified
with
respect
to
the
practical
knowledge
standards
elaborated
below:

(
1)
Agricultural
pest
control
 
(
i)
Plant.
Applicators
must
demonstrate
practical
knowledge
of
crops
grown
and
the
specific
pests
of
those
crops
on
which
they
may
be
using
restricted
use
pesticides.
The
importance
of
such
competency
is
amplified
by
the
extensive
areas
involved,
the
quantities
of
pesticides
needed,
and
the
ultimate
use
of
many
commodities
as
food
and
feed.
Practical
knowledge
is
required
concerning
soil
and
water
problems,
pre­
harvest
intervals,
reentry
intervals,
phytotoxicity,
and
potential
for
environmental
contamination,
non­
target
injury
and
community
problems
resulting
from
the
use
of
restricted
use
pesticides
in
agricultural
areas.

(
ii)
Animal.
Applicators
applying
pesticides
directly
to
animals
must
demonstrate
practical
knowledge
of
such
animals
and
their
associated
pests.
A
practical
knowledge
is
also
required
concerning
specific
pesticide
toxicity
and
residue
potential,
since
host
animals
will
frequently
be
used
for
food.
Further,
the
applicator
must
know
the
relative
hazards
associated
with
such
factors
as
formulation,
application
techniques,
age
of
animals,
stress
and
extent
of
treatment.

(
2)
Forest
pest
control.
Applicators
shall
demonstrate
practical
knowledge
of
types
of
forests,
August
25,
2004
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34
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56
forest
nurseries,
and
seed
production
in
their
State
and
the
pests
involved.
They
should
possess
practical
knowledge
of
the
cyclic
occurrence
of
certain
pests
and
specific
population
dynamics
as
a
basis
for
programming
pesticide
applications.
A
practical
knowledge
is
required
of
the
relative
biotic
agents
and
their
vulnerability
to
the
pesticides
to
be
applied.
Because
forest
stands
may
be
large
and
frequently
include
natural
aquatic
habitats
and
harbor
wildlife,
the
consequences
of
pesticide
use
may
be
difficult
to
assess.
The
applicator
must
therefore
demonstrate
practical
knowledge
of
control
methods
which
will
minimize
the
possibility
of
secondary
problems
such
is
unintended
effects
on
wildlife.
Proper
use
of
specialized
equipment
must
be
demonstrated,
especially
as
it
may
relate
to
meteorological
factors
and
adjacent
land
use.

(
3)
Ornamental
and
turf
pest
control.
Applicators
shall
demonstrate
practical
knowledge
of
pesticide
problems
associated
with
the
production
and
maintenance
of
ornamental
trees,
shrubs,
plantings,
and
turf,
including
cognizance
of
potential
phytotoxicity
due
to
a
wide
variety
of
plant
material,
drift,
and
persistence
beyond
the
intended
period
of
pest
control.
Because
of
the
frequent
proximity
of
human
habitations
to
application
activities,
applicators
in
this
category
must
demonstrate
practical
knowledge
of
application
methods
which
will
minimize
or
prevent
hazards
to
humans,
pets,
and
other
domestic
animals.

(
4)
Seed­
treatment.
Applicators
shall
demonstrate
practical
knowledge
of
types
of
seeds
that
require
chemical
protection
against
pests
and
factors
such
as
seed
coloration,
carriers,
and
surface
active
agents
which
influence
pesticide
binding
and
may
affect
germination.
They
must
demonstrate
practical
knowledge
of
hazards
associated
with
handling,
sorting
and
mixing,
and
misuse
of
treated
seed
such
as
introduction
of
treated
seed
into
food
and
feed
channels,
as
well
as
proper
disposal
of
unused
treated
seeds.

(
5)
Aquatic
pest
control.
Applicators
shall
demonstrate
practical
knowledge
of
the
secondary
effects
which
can
be
caused
by
improper
application
rates,
incorrect
formulations,
and
faulty
application
of
restricted
use
pesticides
used
in
this
category.
They
shall
demonstrate
practical
knowledge
of
various
water
use
situations
and
the
potential
of
downstream
effects.
Further,
they
must
have
practical
knowledge
concerning
potential
pesticide
effects
on
plants,
fish,
birds,
beneficial
insects
and
other
organisms
which
may
be
present
in
aquatic
environments.
These
applicators
shall
demonstrate
practical
knowledge
of
the
principles
of
limited
area
application.

(
6)
Right­
of­
way
pest
control.
Applicators
shall
demonstrate
practical
knowledge
of
a
wide
variety
of
environments,
since
rights­
of­
way
can
traverse
many
different
terrains,
including
waterways.
They
shall
demonstrate
practical
knowledge
of
problems
on
runoff,
drift,
and
excessive
foliage
destruction
and
ability
to
recognize
target
organisms.
They
shall
also
demonstrate
practical
knowledge
of
the
nature
of
herbicides
and
the
need
for
containment
of
these
pesticides
within
the
right­
of­
way
area,
and
the
impact
of
their
application
activities
in
the
adjacent
areas
and
communities.

(
7)
Industrial,
institutional,
structural
and
health
related
pest
control.
Applicators
must
demonstrate
a
practical
knowledge
of
a
wide
variety
of
pests,
including
their
life
cycles,
types
of
formulations
appropriate
for
their
control,
and
methods
of
application
that
avoid
contamination
of
August
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2004
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35
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56
food,
damage
and
contamination
of
habitat,
and
exposure
of
people
and
pets.
Since
human
exposure,
including
babies,
children,
pregnant
women,
and
elderly
people,
is
frequently
a
potential
problem,
applicators
must
demonstrate
practical
knowledge
of
the
specific
factors
which
may
lead
to
a
hazardous
condition,
including
continuous
exposure
in
the
various
situations
encountered
in
this
category.
Because
health
related
pest
control
may
involve
outdoor
applications,
applicators
must
also
demonstrate
practical
knowledge
of
environmental
conditions,
particularly
related
to
this
activity.

(
8)
Public
health
pest
control.
Applicators
shall
demonstrate
practical
knowledge
of
vectordisease
transmission
as
it
relates
to
and
influences
application
programs.
A
wide
variety
of
pests
is
involved,
and
it
is
essential
that
they
be
known
and
recognized,
and
appropriate
life
cycles
and
habitats
be
understood
as
a
basis
for
control
strategy.
These
applicators
shall
have
practical
knowledge
of
a
great
variety
of
environments
ranging
from
streams
to
those
conditions
found
in
buildings.
They
should
also
have
practical
knowledge
of
the
importance
and
employment
of
such
non­
chemical
control
methods
as
sanitation,
waste
disposal,
and
drainage.

(
9)
Regulatory
pest
control.
Applicators
shall
demonstrate
practical
knowledge
of
regulated
pests,
applicable
laws
relating
to
quarantine
and
other
regulation
of
pests,
and
the
potential
impact
on
the
environment
of
restricted
use
pesticides
used
in
suppression
and
eradication
programs.
They
shall
demonstrate
knowledge
of
factors
influencing
introduction,
spread,
and
population
dynamics
of
relevant
pests.
Their
knowledge
shall
extend
beyond
that
required
by
their
immediate
duties,
since
their
services
are
frequently
required
in
other
areas
of
the
country
where
emergency
measures
are
invoked
to
control
regulated
pests
and
where
individual
judgments
must
be
made
in
new
situations.

(
10)
Demonstration
and
research
pest
control.
Persons
demonstrating
the
safe
and
effective
use
of
pesticides
to
other
applicators
and
the
public
will
be
expected
to
meet
comprehensive
standards
reflecting
a
broad
spectrum
of
pesticide
uses.
Many
different
pest
problems
situations
will
be
encountered
in
the
course
of
activities
associated
with
demonstration,
and
practical
knowledge
of
problems,
pests,
and
population
levels
occurring
in
each
demonstration
situation
is
required.
Further,
they
should
demonstrate
an
understanding
of
a
pesticide­
organism
interactions
and
the
importance
of
integrating
pesticide
use
with
other
control
methods.
In
general,
it
would
be
expected
that
applicators
doing
demonstration
pest
control
work
possess
a
practical
knowledge
of
all
of
the
standards
detailed
in
§
171.4(
b).
In
addition,
they
shall
meet
the
specific
standards
required
for
paragraphs
(
c)
(
1)
through
(
7)
of
this
section
as
may
be
applicable
to
their
particular
activity.

Persons
conducting
field
research
or
method
improvement
work
with
restricted
use
pesticides
should
be
expected
to
know
the
general
standards
detailed
in
171.4(
b).
In
addition,
they
shall
be
expected
to
know
the
specific
standards
required
for
paragraphs
(
c)
(
1)
through
(
9)
of
this
section,
applicable
to
their
particular
activity,
or
alternatively,
to
meet
the
more
inclusive
requirements
listed
under
"
Demonstration."

(
d)
Special
standards.
This
space
reserved
for
possible
issuance
of
Special
Standards.
August
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56
(
e)
The
above
standards
do
not
apply
to
the
following
persons
for
purposes
of
these
regulations.

(
1)
Persons
conducting
laboratory
type
research
involving
restricted
use
pesticides;
and
(
2)
Doctors
of
Medicine
and
Doctors
of
Veterinary
Medicine
applying
pesticides
as
drugs
or
medication
during
the
course
of
their
normal
practice.

§
171.5
Standards
for
certification
of
private
applicators.

(
a)
Competence
in
the
use
and
handling
of
pesticides
by
a
private
applicator
will
be
determined
by
procedures
set
forth
below.
State
standards
must
conform
and
be
at
least
equal
to
those
prescribed
herein.
As
a
minimum
requirement
for
certification,
a
private
applicator
must
show
that
he
possesses
a
practical
knowledge
of
the
pest
problems
and
pest
control
practices
associated
with
his
agricultural
operations;
proper
storage,
use,
handling
and
disposal
of
the
pesticides
and
containers;
and
his
related
legal
responsibility.
This
practical
knowledge
includes
ability
to:
(
1)
Recognize
common
pests
to
be
controlled
and
damage
caused
by
them.

(
2)
Read
and
understand
the
label
and
labeling
information
 
including
the
common
name
of
pesticides
he
applied;
pest(
s)
to
be
controlled,
timing
and
methods
of
application;
safety
precautions;
any
pre­
harvest
or
re­
entry
restrictions;
and
any
specific
disposal
procedures.

(
3)
Apply
pesticides
in
accordance
with
label
instructions
and
warnings,
including
the
ability
to
prepare
the
proper
concentration
of
pesticide
to
be
used
under
particular
circumstances
taking
into
account
such
factors
as
area
to
be
covered,
speed
at
which
application
equipment
will
be
driven,
and
the
quantity
dispersed
in
a
given
period
of
operation.

(
4)
Recognize
local
environmental
situations
that
must
be
considered
during
application
to
avoid
contamination.

(
5)
Recognize
poisoning
symptoms
and
procedures
to
follow
in
case
of
a
pesticide
accident.

(
b)
Such
competence
of
each
private
applicator
shall
be
verified
by
the
responsible
State
agency
through
the
administration
of
a
private
applicator
certification
system
which
ensures
that
the
private
applicator
is
competent,
based
upon
the
standards
set
forth
above,
to
use
the
restricted
use
pesticides
under
limitations
of
applicable
State
and
Federal
laws
and
regulations.
A
certification
system
shall
employ
a
written
or
oral
testing
procedure,
or
such
other
equivalent
system
as
may
be
approved
as
part
of
a
State
plan.

(
1)
In
any
case
where
a
person,
at
the
time
of
testing
for
certification,
is
unable
to
read
a
label,
the
responsible
State
agency
may
employ
a
testing
procedure,
previously
approved
by
the
Administrator,
which
can
adequately
assess
the
competence
of
such
person
with
regard
to
all
of
the
above
standards.
Certification
must
be
related
and
limited
to
the
use
and
handling
of
each
individual
pesticide
for
which
he
desires
certification
at
any
time.
Therefore,
the
applicator
will
be
authorized
to
use
only
the
pesticide(
s)
for
which
he
has
demonstrated
competence.
A
specific
August
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56
procedure
is
required
for
§
171.5(
a)(
2)
relating
to
label
comprehension,
with
testing
designed
to
assure
his
knowledge
of
the
following:

(
i)
Understanding
of
the
label
and
labeling
information
including
those
items
indicated
in
that
subsection.

(
ii)
Sources
of
advice
and
guidance
necessary
for
the
safe
and
proper
use
of
each
pesticide
related
to
his
certification.

(
2)
[
Reserved]

§
171.6
Standards
for
supervision
of
noncertified
applicators
by
certified
private
and
commercial
applicators.

(
a)
Certified
applicators
whose
activities
indicate
a
supervisory
role
must
demonstrate
a
practical
knowledge
of
Federal
and
State
supervisory
requirements,
including
labeling,
regarding
the
application
of
restricted
use
pesticides
by
noncertified
applicators.

The
availability
of
the
certified
applicator
must
be
directly
related
to
the
hazard
of
the
situation.
In
many
situations,
where
the
certified
applicator
is
not
required
to
be
physically
present,
"
direct
supervision"
shall
include
verifiable
instruction
to
the
competent
person,
as
follows:
(
1)
Detailed
guidance
for
applying
the
pesticide
properly,
and
(
2)
provisions
for
contacting
the
certified
applicator
in
the
event
he
is
needed.
In
other
situations,
and
as
required
by
the
label,
the
actual
physical
presence
of
a
certified
applicator
may
be
required
when
application
is
made
by
a
noncertified
applicator.

(
b)
[
Reserved]

§
171.7
Submission
and
approval
of
State
plans
for
certification
of
commercial
and
private
applicators
of
restricted
use
pesticides.

If
any
State,
at
any
time,
desires
to
certify
applicators
of
restricted
use
pesticides,
the
Governor
of
that
State
shall
submit
a
State
plan
for
that
purpose.
The
Administrator
shall
approve
the
plan
submitted
by
any
State,
or
any
modification
thereof,
if
the
plan
in
his
judgment
 
(
a)
Designates
a
State
agency
as
the
agency
responsible
for
administering
the
plan
throughout
the
State.
Since
several
other
agencies
or
organizations
may
also
be
involved
in
administering
portions
of
the
State
plan,
all
of
these
shall
be
identified
in
the
State
plan,
particularly
any
other
agencies
or
organizations
responsible
for
certifying
applicators
and
suspending
or
revoking
certification.
In
the
extent
that
more
than
one
governmental
agency
will
be
responsible
for
performing
certain
functions
under
the
State
plans,
the
plans
shall
identify
which
functions
are
to
be
performed
by
which
agency
and
indicate
how
the
program
will
be
coordinated
by
the
lead
agency
to
ensure
consistency
of
programs
within
the
State.
The
lead
agency
will
serve
as
the
August
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2004
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central
contact
point
for
the
Environmental
Protection
Agency
in
carrying
out
the
certification
program.
The
numbers
and
job
titles
of
the
responsible
officials
of
the
lead
agency
and
cooperating
units
shall
be
included.

(
b)
Contains
satisfactory
assurances
that
such
lead
agency
has
or
will
have
the
legal
authority
and
qualified
personnel
necessary
to
carry
out
the
plan:

(
1)
Satisfactory
assurances
that
the
lead
agency
or
other
cooperating
agencies
have
the
legal
authority
necessary
to
carry
out
the
plans
should
be
in
the
form
of
an
opinion
of
the
Attorney
General
or
the
legal
counsel
of
the
lead
agency.
In
addition:

(
i)
The
lead
agency
should
submit
a
copy
of
each
appropriate
State
law
and
regulation.

(
ii)
In
those
States
where
any
requisite
legal
authorities
are
pending
enactment
and/
or
promulgation,
the
Governor
(
or
Chief
Executive)
may
request
that
a
State
plan
be
approved
contingent
upon
the
enactment
and/
or
promulgation
of
such
authorities.
Plans
approved
on
a
contingency
basis
will
be
subject
to
such
reasonable
terms
and
conditions,
concerning
the
duration
of
the
contingency
approval
and
other
matters,
as
the
Administrator
may
impose.
During
the
period
of
the
contingency
approval,
the
State
will
have
an
approved
certification
program
and
may
proceed
to
certify
applicators,
who
will
then
be
permitted
to
use
or
supervise
the
use
of
pesticides
classified
for
restricted
use
under
FIFRA,
as
amended.

(
iii)
The
State
plan
should
indicate
by
citations
to
specific
laws
(
whether
enacted
or
pending
enactment)
and/
or
regulations
(
whether
promulgated
or
pending
promulgation)
that
the
State
has
legal
authorities
as
follows:

(
A)
Provisions
for
and
listing
of
the
acts
which
constitute
grounds
for
denying,
suspending,
and
revoking
certification
of
applicators,
and
for
assessing
criminal
and/
or
civil
penalties.
Such
grounds
should
include,
at
a
minimum,
misuse
of
a
pesticide
and
falsification
of
any
records
required
to
be
maintained
by
the
certified
applicator.

(
B)
Provisions
for
reviewing
an
applicator's
certification
to
determine
whether
suspension
or
revocation
of
the
certification
is
appropriate
in
the
event
of
criminal
conviction
under
section
14(
b)
of
the
amended
FIFRA,
a
final
order
imposing
civil
penalty
under
section
14(
a)
of
the
amended
FIFRA,
or
conclusion
of
a
State
enforcement
action.

(
C)
Provisions
for
right­
of­
entry
by
consent
or
warrant
by
appropriate
State
officials
at
reasonable
times
for
sampling,
inspection,
and
observation
purposes.

(
D)
Provisions
making
it
unlawful
for
persons
other
than
certified
applicators
or
persons
working
under
their
direct
supervision
to
use
restricted
use
pesticides.

(
E)
Provisions
requiring
certified
commercial
applicators
to
keep
and
maintain
for
the
period
of
at
least
two
years
routine
operational
records
containing
information
on
kinds,
amounts,
uses,
dates,
August
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and
places
of
application
of
restricted
use
pesticides;
and
for
ensuring
that
such
records
will
be
available
to
appropriate
State
officials.

(
2)
Satisfactory
assurances
that
the
lead
agency
and
any
cooperating
organizations
have
qualified
personnel
necessary
to
carry
out
the
plan
will
be
demonstrated
by
including
the
numbers,
job
titles
and
job
functions
of
persons
so
employed.

(
c)
Gives
satisfactory
assurances
that
the
State
will
devote
adequate
funds
to
the
administration
of
the
plan.

(
d)
Provides
that
the
State
agency
will
make
reports
to
the
Administrator
in
a
manner
and
containing
information
that
the
Administrator
may
from
time
to
time
require,
including:

(
1)
An
annual
report
to
be
submitted
by
the
lead
agency,
at
a
time
to
be
specified
by
the
State,
to
include
the
following
information:

(
i)
Total
number
of
applicators,
private
and
commercial,
by
category,
currently
certified;
and
number
of
applicators,
private
and
commercial,
by
category,
certified
during
the
last
reporting
period.

(
ii)
Any
changes
in
commercial
applicator
subcategories.

(
iii)
A
summary
of
enforcement
activities
related
to
use
of
restricted
use
pesticides
during
the
last
reporting
period.

(
iv)
Any
significant
proposed
changes
in
required
standards
of
competency.

(
v)
Proposed
changes
in
plans
and
procedures
for
enforcement
activities
related
to
use
of
restricted
use
pesticides
for
the
next
reporting
period.

(
vi)
Any
other
proposed
changes
from
the
State
plan
that
would
significantly
affect
the
State
certification
program.

(
2)
Other
reports
as
may
be
required
by
the
Administrator
shall
be
submitted
from
time
to
time
to
meet
specific
needs.

(
e)
Contains
satisfactory
assurances
that
the
State
standards
for
the
certification
of
applicators
of
pesticides
conform
to
those
standards
prescribed
by
the
Administrator
under
§
§
171.1
through
171.6.
Such
assurances
should
consist
of:

(
1)
A
detailed
description
of
the
State's
plan
for
certifying
applicators
and
a
discussion
of
any
special
situations,
problems,
and
needs
together
with
an
explanation
of
how
the
State
intends
to
handle
them.
The
State
plan
should
include
the
following
elements
as
a
minimum:
August
25,
2004
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(
i)
For
commercial
applicators:

(
A)
A
list
and
description
of
categories
and
subcategories
to
be
used
in
the
State,
such
categories
to
be
consistent
with
those
defined
in
§
171.3.

(
B)
An
estimate
of
the
number
of
commercial
applicators
by
category
expected
to
be
certified
by
the
State.

(
C)
The
standards
of
competency
elaborated
by
the
State.
These
shall
conform
and
be
at
least
equal
to
those
prescribed
in
§
171.4
for
the
various
categories
of
applicators
utilized
by
the
State.
The
standards
shall
also
cover
each
of
the
points
listed
in
the
general
standards
in
§
171.4(
b)
and
the
points
covered
in
the
appropriate
specific
standards
set
forth
in
§
171.4(
c).

(
D)
For
each
category
and
subcategory
listed
under
§
171.7(
e)(
1)(
i)(
A),
either
submission
of
examinations
or
a
description
of
the
types
and
contents
of
examinations
(
e.
g.,
multiple
choice,
true­
false)
and
submission
of
sample
examination
questions;
and
a
description
of
any
performance
testing
used
to
determine
competency
of
applicators.

(
ii)
For
private
applicators:

(
A)
An
estimate
of
the
number
of
private
applicators
expected
to
be
certified
by
the
State.

(
B)
The
standards
of
competency
elaborated
by
the
State.
These
shall
conform
and
be
at
least
equal
to
those
prescribed
in
§
171.5(
a),
including
the
five
requirements
listed
in
§
171.5(
a)
(
1)
through
(
5).

(
C)
Types
and
contents
of
examinations
and/
or
submission
of
detailed
description
of
methods
other
than
examination
used
to
determine
competency
of
private
applicators.

(
D)
A
description
of
any
special
procedure
of
testing
that
a
State
develops
to
determine
the
competency
of
a
private
applicator
who
is
unable
to
read
the
label
as
prescribed
in
§
171.5(
b)(
1).

(
2)
A
provision
for
issuance
by
the
State
of
appropriate
credentials
or
documents
verifying
certification
of
applicators.

(
3)
If
appropriate,
a
description
of
any
existing
State
licensing,
certification
or
authorization
programs
for
private
applicators
or
for
one
or
more
categories
of
commercial
applicators
may
be
included.
If
these
programs
are
determined
by
EPA
to
meet
standards
of
competency
prescribed
by
§
§
171.1
through
171.6,
States
may
certify
applicators
so
licensed,
certified
or
authorized
without
any
additional
demonstration
of
competency
provided:

(
i)
The
commercial
applicators
who
were
licensed,
certified,
or
authorized
have
demonstrated
their
competency
based
on
written
examinations
and,
as
appropriate,
performance
testing,
conforming
to
the
standards
set
forth
in
§
171.4,
and
August
25,
2004
Page
41
of
56
(
ii)
The
private
applicators
who
were
licensed,
certified,
or
authorized
have
demonstrated
their
competency
by
written
or
oral
testing
procedures
or
other
acceptable
equivalent
system,
conforming
to
the
standards
set
forth
in
§
171.5.

(
4)
A
statement
that
the
State
accepts
Federal
employees
qualified
under
the
Government
Agency
Plan
(
GAP)
as
fully
meeting
the
requirements
for
certification
by
that
State;
or
a
description
of
any
additional
requirements
these
employees
must
meet
to
apply
restricted
use
pesticides
in
that
State.
Any
such
additional
requirements
shall
be
consistent
with
and
shall
not
exceed
standards
established
for
other
comparable
applicators
in
that
State.

(
i)
Until
such
time
as
the
GAP
has
been
fully
developed
and
approved
by
EPA,
this
statement
(
§
171.7(
e)(
4))
is
not
required.
However,
within
60
days
after
final
approval
of
the
GAP,
the
State
should
forward
such
a
statement
for
inclusion
in
its
State
plan.

(
5)
A
description
of
any
cooperative
agreements
a
State
has
made
with
any
Indian
Governing
Body
to
certify
or
assist
in
the
certification
of
applicators
not
subject
to
State
jurisdiction.
(
§
171.10).

(
6)
A
description
of
any
arrangements
that
a
State
has
made
or
plans
to
make
relating
to
reciprocity
with
other
States
or
jurisdictions
for
the
acceptance
of
certified
applicators
from
those
States
or
jurisdictions.
However,
those
arrangements
should
meet
these
conditions:

(
i)
The
State
according
reciprocity
should
provide
for
issuance
of
an
appropriate
document
verifying
certification
based
upon
the
certifying
document
issued
by
the
other
States
or
jurisdictions.

(
ii)
The
State
according
reciprocity
should
have
enforcement
procedures
that
cover
out­
of­
State
applicators
determined
to
be
competent
and
certified
within
the
State
or
jurisdiction.

(
iii)
The
detailed
State
or
jurisdiction
standards
of
competency,
for
each
category
identified
in
the
reciprocity
arrangement
should
be
sufficiently
comparable
to
justify
waiving
an
additional
determination
of
competency
by
the
State
granting
reciprocity.

(
f)
In
responding
to
the
preceding
requirements,
a
State
may
describe
in
its
State
plan
other
regulatory
activities
implemented
under
State
laws
or
regulations
which
will
contribute
to
the
desired
control
of
the
use
of
restricted
use
pesticides
by
certified
applicators.
Such
other
regulatory
activities,
if
described,
will
be
considered
by
the
Administrator
in
evaluating
whether
or
not
a
State's
certified
applicator
program
satisfies
the
requirements
of
§
171.7
(
a)
through
(
e).

[
40
FR
11702,
Mar.
12,
1975]

§
171.8
Maintenance
of
State
plans.

(
a)
Any
State
certification
program
approved
under
§
171.7
shall
be
maintained
in
accordance
with
August
25,
2004
Page
42
of
56
the
State
plan
approved
under
that
section.
Accordingly,
the
State
plan
should
include:

(
1)
Provisions
to
assure
that
certified
applicators
comply
with
standards
for
the
use
of
restricted
use
pesticides
and
carry
out
their
responsibility
to
provide
adequate
supervision
of
noncertified
applicators.

(
2)
Provisions
to
ensure
that
certified
applicators
continue
to
meet
the
requirements
of
changing
technology
and
to
assure
a
continuing
level
of
competency
and
ability
to
use
pesticides
safely
and
properly.

(
b)
An
approved
State
plan
and
the
certification
program
carried
out
under
such
plan
may
not
be
substantially
modified
without
the
prior
approval
of
the
Administrator.
A
proposed
change
may
be
submitted
for
approval
at
any
time
but
all
applicable
requirements
prescribed
by
these
Regulations
must
be
satisfied
for
the
modification
to
be
eligible
for
approval
by
the
Administrator.

(
c)
Whenever
the
Administrator
determines
that
a
State
is
not
administering
the
certification
program
in
accordance
with
the
State
plan
approved
under
§
171.7,
he
shall
so
notify
the
State
and
provide
for
a
hearing
at
the
request
of
the
State
and,
if
appropriate
corrective
action
is
not
taken
within
a
reasonable
time,
not
to
exceed
ninety
days,
the
Administrator
shall
withdraw
approval
of
the
plan.

[
40
FR
11704,
Mar.
12,
1975]

§
171.9
Submission
and
approval
of
Government
Agency
Plan.

This
section
is
included
to
provide
for
certain
Federal
employees
including
those
whose
duties
may
require
them
to
use
or
supervise
the
use
of
restricted
use
pesticides
in
a
number
of
States.

(
a)
Sections
171.1
through
171.8
will,
with
the
necessary
changes,
apply
to
the
Government
Agency
Plan
(
GAP)
for
determining
and
attesting
to
the
competency
of
Federal
employees
to
use
or
supervise
the
use
of
restricted
use
pesticides.

(
b)
Federal
employees
qualified
under
the
GAP
shall:

(
1)
Be
prepared
to
present
the
Federal
form
issued
to
them
attesting
to
their
competency
to
appropriate
State
officials.

(
2)
Fulfill
any
additional
requirements
States
may
have
enumerated
in
their
State
plans
as
provided
for
under
§
171.7(
e)(
4).

(
c)
The
employing
Federal
agency
shall
ensure
that
certified
employees
using
or
supervising
the
use
of
restricted
use
pesticides
within
a
Federal
facility
are
subject
to
the
same
or
equivalent
provisions
prescribed
under
§
171.7(
b)(
1)(
iii)
(
A)
 
(
E).
August
25,
2004
2The
term
Indian
Reservation
means
any
federally­
recognized
reservation
established
by
Treaty,
Agreement,
Executive
Order,
or
Act
of
Congress.

3The
term
Indian
Governing
Body
means
the
governing
body
of
any
tribe,
band,
or
group
of
Indians
subject
to
the
jurisdiction
of
the
United
States
and
recognized
by
the
United
States
as
possessing
power
of
self­
government.

Page
43
of
56
[
40
FR
11704,
Mar.
12,
1975]

§
171.10
Certification
of
applicators
on
Indian
Reservations.

This
section
applies
to
applicators
on
Indian
Reservations.

(
a)
On
Indian
Reservations2
not
subject
to
State
jurisdiction
the
appropriate
Indian
Governing
Body3
may
choose
to
utilize
the
State
certification
program,
with
the
concurrence
of
the
State,
or
develop
its
own
plan
for
certifying
private
and
commercial
applicators
to
use
or
supervise
the
use
of
restricted
use
pesticides.

(
1)
If
the
Indian
Governing
Body
decides
to
utilize
the
State
certification
program,
it
should
enter
into
a
cooperative
agreement
with
the
State.
This
agreement
should
include
matters
concerning
funding
and
proper
authority
for
enforcement
purposes.
Such
agreement
and
any
amendments
thereto
shall
be
incorporated
in
the
State
plan,
and
forwarded
to
the
Administrator
for
approval
or
disapproval.

(
2)
If
the
Indian
Governing
Body
decides
to
develop
its
own
certification
plan,
it
shall
be
based
on
either
Federal
standards
(
§
§
171.1
through
171.8)
or
State
standards
for
certification
which
have
been
accepted
by
EPA.
Such
a
plan
shall
be
submitted
through
the
United
States
Department
of
the
Interior
to
the
EPA
Administrator
for
approval.

(
b)
On
Indian
Reservations
where
the
State
has
assumed
jurisdiction
under
other
Federal
laws,
anyone
using
or
supervising
the
use
of
restricted
use
pesticides
shall
be
certified
under
the
appropriate
State
certification
plan.

(
c)
Non­
Indians
applying
restricted
use
pesticides
on
Indian
Reservations
not
subject
to
State
jurisdiction
shall
be
certified
either
under
a
State
certification
plan
accepted
by
the
Indian
Governing
Body
or
under
the
Indian
Reservation
certification
plan.

(
d)
Nothing
in
this
section
is
intended
either
to
confer
or
deny
jurisdiction
to
the
States
over
Indian
Reservations
not
already
conferred
or
denied
under
other
laws
or
treaties.

[
40
FR
11704,
Mar.
12,
1975]

§
171.11
Federal
certification
of
pesticide
applicators
in
States
or
on
Indian
Reservations
where
there
is
no
approved
State
or
Tribal
certification
plan
in
effect.
August
25,
2004
Page
44
of
56
(
a)
Applicability.
This
section
applies
to
persons
in
any
State
and
on
any
Indian
Reservation
where,
because
there
is
no
approved
State
or
Tribal
certification
plan
in
effect,
the
Administrator
implements
an
EPA
plan
for
the
Federal
certification
of
applicators
of
restricted
use
pesticides.

(
b)
Certification
requirement.
In
any
State
or
on
any
Indian
Reservation
where
this
section
is
applicable,
any
person
who
uses
or
supervises
the
use
of
any
pesticide
classified
for
restricted
use
must
be
certified
in
accordance
with
this
section.
However,
a
competent
person
who
is
not
certified
may
use
a
restricted
use
pesticide
under
the
direct
supervision
of
a
certified
applicator
for
uses
authorized
by
the
certified
applicator's
certification.
Private
applicator
certification
shall
authorize
only
those
uses,
or
the
supervision
of
those
uses,
described
in
§
171.2(
t).
Commercial
applicator
certification
shall
authorize
only
those
uses,
or
the
supervision
of
those
uses,
included
within
the
specific
category(
ies)
or
subcategory(
ies),
described
in
§
171.3(
b)
or
an
applicable
Federal
plan,
in
which
the
applicator
is
certified.

(
c)
Certification
of
commercial
applicators
 
(
1)
Categories
for
Commercial
Applicators.
Categories
referred
to
in
this
section
are
the
same
as
those
listed
in
§
171.3(
b).
Determination
of
competency
in
each
category
shall
conform
to
the
requirements
of
§
171.4(
a).

(
2)
Subcategories.
The
Administrator
may
adopt
subcategories
as
he
or
she
deems
necessary,
consonant
with
the
needs
of
the
individual
State
or
Reservation.

(
3)
Standards
for
certification.
The
standards
of
competency
for
certification
of
commercial
applicators
under
this
section
are
the
same
as
those
listed
in
§
171.4
(
b)
and
(
c)
and
§
171.6.

(
4)
Certification
procedure.
An
individual
who
desires
to
be
certified
or
recertified
under
this
paragraph
shall
complete
the
EPA
certification
form
and
submit
the
form
to
the
appropriate
EPA
Regional
Office.
In
order
to
be
initially
certified
as
a
commercial
applicator
under
this
paragraph,
an
individual
must
take
and
pass
written
examinations
approved
by
the
Administrator
and
administered
by
the
Administrator
or
any
other
party
approved
by
him
or
her.
A
general
examination
will
be
given,
based
on
the
general
standards
found
in
§
171.4(
b)
and
the
standards
for
supervision
found
in
§
171.6.
In
addition,
specific
category
and
subcategory
examinations
will
be
given,
based
on
the
appropriate
category
or
subcategory
standards
found
in
§
171.4(
c)
and
the
applicable
Federal
plan.
The
Administrator
will
notify
the
individual
in
writing
of
the
results
of
the
examinations
within
45
days
unless
special
circumstances
justify
a
longer
time
period.
The
Administrator
will
issue
to
each
person
who
has
passed
a
general
examination
and
one
or
more
category
or
subcategory
examinations
a
commercial
applicator
certificate
covering
each
category
and
subcategory
in
which
he
or
she
has
qualified.
A
commercial
applicator
certificate
is
valid
for
a
period
of
three
years
from
the
date
of
issuance,
unless
earlier
suspended
or
revoked
by
the
Administrator
(
two
years
from
the
date
of
issuance,
in
the
case
of
certificates
issued
prior
to
[
effective
date
of
amended
rule]),
and
is
valid
within
the
State
or
Indian
Reservation
named
on
the
certificate.

(
5)
Re­
examination.
Individuals
failing
to
pass
the
required
certification
examination(
s)
may
be
reexamined
after
notification
of
failure.
An
individual
seeking
re­
examination
need
take
only
the
August
25,
2004
Page
45
of
56
examination(
s)
which
he
or
she
originally
failed.

(
6)
Renewal
of
commercial
applicator
certification.
A
certified
commercial
applicator
may
qualify
for
recertification
by
taking
and
passing
written
examinations
as
specified
in
paragraph
(
c)(
4)
of
this
section,
or
by
successfully
completing
any
available
training
program
approved
for
this
purpose
by
the
Administrator.
Recertification
procedures
must
be
completed
by
the
certified
commercial
applicator
during
the
twelve
month
period
preceding
the
expiration
date
of
his
or
her
certificate.

(
7)
Recordkeeping
requirements.
(
i)
Each
self­
employed
certified
commercial
applicator,
each
firm
employing
a
certified
commercial
applicator,
and
each
person
who
contracts
with
a
certified
commercial
applicator
(
or
his
or
her
employer)
to
have
a
restricted
use
pesticide
applied
on
property
owned
or
operated
by
another
person
shall
keep
and
maintain
at
their
principal
place
of
business
true
and
accurate
records
of
the
use
of
restricted
use
pesticides,
providing
the
following
information:

(
A)
Name
and
address
of
the
person
for
whom
the
pesticide
was
applied;

(
B)
Location
of
the
pesticide
application;

(
C)
Target
pest(
s);

(
D)
Specific
crop
or
commodity,
as
appropriate,
and
site,
to
which
the
pesticide
was
applied;

(
E)
Year,
month,
day,
and
time
of
application;

(
F)
Trade
name
and
EPA
registration
number
of
the
pesticide
applied;

(
G)
Amount
of
the
pesticide
applied
and
percentage
of
active
ingredient
per
unit
of
the
pesticide
used;
and
(
H)
Type
and
amount
of
the
pesticide
disposed
of,
method
of
disposal,
date(
s)
of
disposal,
and
location
of
the
disposal
site.

(
ii)
Availability
of
required
records.
Each
certified
commercial
applicator
shall
keep
all
records
required
under
this
paragraph
current
and
shall
make
such
records
available
for
inspection
and
copying
by
representatives
of
EPA
for
a
period
of
at
least
two
years
from
the
date
of
use
of
the
pesticide.

(
d)
Certification
of
private
applicators
 
(
1)
Certification
procedures.
An
individual
who
desires
to
be
certified
or
recertified
under
this
paragraph
shall
complete
the
EPA
certification
form
and
submit
the
form
to
the
appropriate
EPA
Regional
Office.
In
order
to
be
certified
or
recertified
as
a
private
applicator
to
use
restricted
use
pesticides,
an
individual
must
be
determined
competent
with
respect
to
the
use
and
handling
of
pesticide.
Standards
for
such
determination
are
the
same
August
25,
2004
Page
46
of
56
as
those
listed
in
§
§
171.5
and
171.6.
The
Administrator
will
offer
one
or
more
of
the
following
certification
options,
including
at
least
one
option
which
does
not
require
the
applicator
to
take
an
examination
 
(
i)
Approved
training
course.
The
individual
may
successfully
complete
an
approved
training
course.
Approved
training
courses
may
include
courses
sponsored
by
EPA,
State
cooperative
extension
services,
State
vocational
agricultural
courses,
or
private
educational
groups.
Each
training
course
for
certification
must
be
approved
for
that
purpose
by
the
Administrator
and
include,
at
a
minimum,
coverage
of
the
private
applicator
standards
listed
in
§
§
171.5
and
171.6,
and
a
demonstration
that
the
individual
has
successfully
completed
the
training
course.
Subject
to
the
approval
of
the
Administrator,
this
demonstration
may
be
accomplished
by
completion
of
a
no
pass/
no
fail
written
questionnaire
or
a
workbook,
receipt
of
a
passing
grade
in
an
approved
course
offered
by
an
educational
institution,
or
any
other
equivalent
procedure.

(
ii)
Written
examination.
The
individual
may
pass
a
written
examination
approved
by
the
Administrator
and
administered
by
the
Administrator
or
any
other
party
approved
by
him
or
her.

(
iii)
Self­
study
program.
The
individual
may
successfully
complete
a
self­
study
learning
program
approved
by
the
Administrator
and
administered
by
the
Administrator
or
any
other
party
approved
by
him
or
her.

(
iv)
Non­
reader
certification.
Non­
readers
may
be
certified
for
specific
use(
s)
of
a
single
product
by
successfully
completing
an
approved
training
course
as
specified
in
(
d)(
1)
(
i)
of
this
section,
or
by
passing
an
oral
examination
approved
by
the
Administrator
and
administered
by
the
Administrator
or
any
other
party
approved
by
him
or
her.
Such
training
or
testing
shall
incorporate
a
specific
procedure
relating
to
label
comprehension,
as
described
in
§
171.5(
b)(
1).

(
2)
Issuance
of
certificates.
The
Administrator
will
issue
a
private
applicator
certificate
to
each
individual
who
successfully
completes
any
available
certification
option.
Individuals
who,
for
any
reason,
fail
to
complete
successfully
a
certification
option
may
attempt
to
complete
the
same
option
or,
if
available,
an
alternative
option.
A
private
applicator
certificate
is
valid
for
a
period
of
four
years
from
the
date
of
issuance
(
three
years
from
the
date
of
issuance,
in
the
case
of
certificates
issued
before
[
effective
date
of
amended
rule]),
unless
earlier
suspended
or
revoked
by
the
Administrator,
and
is
valid
within
the
State
or
Indian
Reservation
named
on
the
certificate.

(
3)
Renewal
of
private
applicator
certification.
A
certified
private
applicator
may
qualify
for
recertification
by
successfully
completing
any
available
certification
option
during
the
twelve
month
period
preceding
the
expiration
date
of
his
or
her
certificate.

(
e)
Recognition
of
other
certificates.
The
Administrator
may
issue
a
certificate
to
an
individual
possessing
any
other
valid
Federal,
State
or
Tribal
certificate
without
further
demonstration
of
competency.
The
individual
shall
submit
the
EPA
certification
form
and
written
evidence
of
valid
certification
to
the
appropriate
EPA
Regional
Office.
The
Administrator
may
deny
issuance
of
such
certificate
if
the
standards
of
competency
for
each
category
or
subcategory
identified
in
the
August
25,
2004
Page
47
of
56
other
Federal,
State
or
Tribal
certificate
are
not
sufficiently
comparable
to
justify
waiving
further
demonstration
of
competency.
The
Administrator
may
revoke,
suspend,
or
modify
such
certificate
if
the
Federal,
State
or
Tribal
certificate
upon
which
it
is
based
is
revoked,
suspended,
or
modified.
Unless
suspended
or
revoked,
a
certificate
issued
under
this
paragraph
is
valid
for
two
years
for
commercial
applicators
and
three
years
for
private
applicators,
or
until
the
expiration
date
of
the
original
Federal,
State
or
Tribal
certificate,
whichever
occurs
first.

(
f)
Denial,
suspension,
modification
or
revocation
of
a
certificate.
(
1)
The
Administrator
may
suspend
all
or
part
of
a
certificate
issued
pursuant
to
this
section,
or,
after
opportunity
for
a
hearing,
may
deny
issuance
of,
or
revoke
or
modify,
a
certificate
issued
pursuant
to
this
section,
if
he
or
she
finds
that
the
applicant
or
certificate
holder
has
been
convicted
under
section
14(
b)
of
the
amended
FIFRA,
has
been
subject
to
a
final
order
imposing
a
civil
penalty
under
section
14(
a)
of
the
amended
FIFRA,
or
has
committed
any
of
the
following
acts:

(
i)
Used
any
registered
pesticide
in
a
manner
inconsistent
with
its
labeling;

(
ii)
Made
available
for
use,
or
used,
any
registered
pesticide
classified
for
restricted
use
other
than
in
accordance
with
section
3(
d)
of
the
amended
FIFRA
and
any
regulations
promulgated
thereunder;

(
iii)
Refused
to
keep
and
maintain
any
records
required
pursuant
to
this
section;

(
iv)
Made
false
or
fraudulent
records,
invoices
or
reports;

(
v)
Failed
to
comply
with
any
limitations
or
restrictions
on
or
in
a
duly
issued
certificate;
or,

(
vi)
Violated
any
provision
of
the
amended
FIFRA
and
the
regulations
promulgated
thereunder.

(
2)
If
the
Administrator
decides
to
deny,
revoke,
or
modify
a
certificate,
he
or
she
will:

(
i)
Notify
the
applicant
or
certificate
holder
of:

(
A)
The
ground(
s)
upon
which
the
denial,
revocation
or
modification
is
based;

(
B)
The
time
period
during
which
the
denial,
revocation
or
modification
is
effective,
whether
permanent
or
otherwise;

(
C)
The
conditions,
if
any,
under
which
the
individual
may
become
certified
or
recertified;
and,

(
D)
Any
additional
conditions
the
Administrator
may
impose.

(
ii)
Provide
the
applicant
or
certificate
holder
an
opportunity
to
request
a
hearing
prior
to
final
Agency
action
to
deny,
revoke
or
modify
the
certificate.
August
25,
2004
Page
48
of
56
(
3)
If
a
hearing
is
requested
by
an
applicant
or
certificate
holder
pursuant
to
paragraph
(
f)(
2)(
ii)
of
this
section,
the
Administrator
will:

(
i)
Notify
the
affected
applicant
or
certificate
holder
of
those
assertions
of
law
and
fact
upon
which
the
action
to
deny,
revoke
or
modify
the
certificate
is
based;

(
ii)
Provide
the
affected
applicant
or
certificate
holder
an
opportunity
to
offer
written
statements
of
facts,
explanations,
comments,
and
arguments
relevant
to
the
proposed
action;

(
iii)
Provide
the
affected
applicant
or
certificate
holder
such
other
procedural
opportunities
as
the
Administrator
may
deem
appropriate
to
ensure
a
fair
and
impartial
hearing;
and
(
iv)
Appoint
an
attorney
in
the
Agency
as
Presiding
Officer
to
conduct
the
hearing.
No
person
shall
serve
as
Presiding
Officer
if
he
or
she
has
had
any
prior
connection
with
the
specific
case.

(
4)
The
Presiding
Officer
appointed
pursuant
to
paragraph
(
f)(
3)(
iv)
of
this
section
shall:

(
i)
Conduct
a
fair,
orderly,
and
impartial
hearing,
without
unnecessary
delay;

(
ii)
Consider
all
relevant
evidence,
explanation,
comment,
and
argument
submitted
pursuant
to
paragraphs
(
f)(
3)(
ii)
and
(
iii)
of
this
section;
and,

(
iii)
Promptly
notify
the
affected
applicant
or
certificate
holder
of
his
or
her
decision
and
order.
Such
an
order
is
a
final
Agency
action
subject
to
judicial
review
in
accordance
with
Section
16
of
the
amended
FIFRA.

(
5)
If
the
Administrator
decides
to
suspend
all
or
part
of
a
certificate,
he
or
she
will:

(
i)
First
determine
that
the
public
health,
interest
or
welfare
warrants
immediate
action
to
suspend
the
certificate;

(
ii)
Notify
the
certificate
holder
of
the
ground(
s)
upon
which
the
suspension
action
is
based;

(
iii)
Notify
the
certificate
holder
of
the
time
period
during
which
the
suspension
is
effective;
and,

(
iv)
Notify
the
certificate
holder
of
his
or
her
intent
to
revoke
or
modify
the
certificate,
as
appropriate,
in
accord
with
paragraph
(
f)(
2)
of
this
section.
If
such
revocation
or
modification
notice
has
not
previously
been
issued,
it
will
be
issued
at
the
same
time
the
suspension
notice
is
issued.

(
6)
In
cases
where
the
act
constituting
grounds
for
suspension,
revocation,
or
modification
of
a
certificate
is
neither
willful
nor
contrary
to
the
public
interest,
health,
or
safety,
the
affected
certificate
holder
may
have
additional
procedural
rights
under
5
U.
S.
C.
558(
c).
August
25,
2004
Page
49
of
56
(
7)
Any
notice,
decision,
or
order
issued
by
the
Administrator
under
paragraph
(
f)
of
this
section,
and
any
documents
filed
by
an
applicant
or
certificate
holder
in
a
hearing
under
paragraph
(
f)
of
this
section,
shall
be
available
to
the
public
except
as
otherwise
provided
by
section
10
of
the
amended
FIFRA
or
by
part
2
of
this
title.
Any
such
hearing
at
which
oral
testimony
is
presented
shall
be
open
to
the
public,
except
that
the
Presiding
Officer
may
exclude
the
public
to
the
extent
necessary
to
allow
presentation
of
information
which
may
be
entitled
to
confidentiality
under
section
10
of
the
amended
FIFRA
or
under
part
2
of
this
title.

(
g)
Pesticide
dealer
reporting
and
recordkeeping
requirements,
availability
of
records,
and
failure
to
comply
 
(
1)
Reporting
requirements.
Each
person
who
is
a
restricted
use
pesticide
retail
dealer
in
a
State
or
on
an
Indian
Reservation
where
the
Administrator
conducts
the
applicator
certification
and
training
program
shall:

(
i)
Report
to
the
Environmental
Protection
Agency
(
EPA)
the
business
name
by
which
the
restricted
use
pesticide
retail
dealer
operates,
and
the
name
and
business
address
of
each
of
his
dealerships.
For
dealers
or
dealerships
in
Nebraska
this
initial
report
must
be
submitted
to
EPA,
Region
VII,
324
E.
11th
Street,
Kansas
City,
MO
64106.
For
dealers
or
dealerships
in
Colorado
this
initial
report
must
be
submitted
to
EPA,
Region
VIII,
1860
Lincoln
Street,
Denver,
Colorado
80295.
This
report
shall
be
submitted
to
the
appropriate
EPA
regional
office
no
later
than
60
days
after
the
date
the
person
first
becomes
a
restricted
use
pesticide
retail
dealer,
or
within
60
days
after
the
publication
of
the
effective
date
of
this
final
rule,
whichever
date
is
later.

(
ii)
Submit
revisions
to
the
initial
report
to
the
appropriate
EPA
regional
office
listed
above
reflecting
any
name
changes,
additions
or
deletions
of
dealerships.
Revisions
shall
be
submitted
to
EPA
within
10
days
of
the
occurrence
of
such
change,
addition
or
deletion.

(
2)
Recordkeeping
requirement.
Recordkeeping
is
required
when
making
restricted
use
pesticides
available
to:

(
i)
Certified
applicators.
Each
restricted
use
pesticide
retail
dealer
shall
maintain
at
each
individual
dealership
records
of
each
transaction
where
a
restricted
use
pesticide
is
made
available
for
use
by
that
dealership
to
a
certified
applicator.
Record
of
each
such
transaction
shall
be
maintained
for
a
period
of
24
months
after
the
date
of
the
transaction,
and
shall
include
the
following
information:

(
A)
Name
and
address
of
the
residence
or
principal
place
of
business
of
each
person
to
whom
the
pesticide
was
made
available
for
use.

(
B)
The
certification
number
on
the
document
evidencing
that
person's
certification,
the
State
(
or
other
governmental
unit)
that
issued
the
document,
the
expiration
date
of
the
certification,
and
the
categories
in
which
the
applicator
is
certified,
if
appropriate.

(
C)
The
product
name,
EPA
registration
number,
and
the
State
special
local
need
registration
number,
granted
under
section
24(
c)
of
the
FIFRA
(
if
any)
on
the
label
of
the
pesticide.
August
25,
2004
Page
50
of
56
(
D)
The
quantity
of
the
pesticide
made
available
for
use
in
the
transaction.

(
E)
The
date
of
the
transaction.

(
ii)
Uncertified
persons.
No
dealer
or
dealership
may
make
a
restricted
use
pesticide
available
to
an
uncertified
person
unless
he
can
document
that
the
restricted
use
pesticide
will
be
used
by
a
certified
applicator,
and
he
maintains
the
records
required
in
this
subsection.
Each
restricted
use
pesticide
retail
dealer
shall
maintain
records
at
each
individual
dealership
of
each
transaction
where
a
restricted
use
pesticide
was
made
available
to
an
uncertified
person
for
use
by
a
certified
applicator.
Records
of
each
such
transaction
shall
be
maintained
for
a
period
of
24
months
after
the
date
of
the
transaction,
and
shall
include
the
following
information:

(
A)
The
name
and
address
of
the
residence
or
principal
place
of
business
of
the
uncertified
person
to
whom
the
restricted
use
pesticide
is
made
available
for
use
by
a
certified
applicator.

(
B)
The
name
and
address
of
the
residence
or
principal
place
of
business
of
the
certified
applicator
who
will
use
the
restricted
use
pesticide.

(
C)
The
certified
applicator's
certification
number,
the
State
(
or
other
governmental
unit)
that
issued
his
certification
document,
the
expiration
date
of
the
certification,
and
the
categories
in
which
the
applicator
is
certified,
if
appropriate.

(
D)
The
product
name,
EPA
registration
number,
and
the
State
special
local
need
registration
number,
granted
under
section
24(
c)
of
the
FIFRA
(
if
any)
on
the
label
of
the
pesticide.

(
E)
The
quantity
of
the
pesticide
made
available
for
use
in
the
transaction.

(
F)
The
date
of
the
transaction.

(
G)
At
the
time
of
each
transaction,
EPA
recommends
that
the
dealer
obtain
the
information
required
in
paragraph
(
g)(
2)(
ii)
(
A)
through
(
C)
of
this
section
and
assure
himself
that
the
restricted
use
pesticide
is
made
available
for
use
by
a
certified
applicator
by
examining
one
of
the
following
sets
of
documents:

(
1)
The
original
of
the
certified
applicator's
certification
document,
and
a
driver's
license
or
other
State,
county,
or
Tribal
identification
document
issued
to
the
uncertified
person
to
whom
the
restricted
use
pesticide
is
made
available.

(
2)
A
photocopy
or
facsimile
of
the
certified
applicator's
certification
document,
together
with
a
statement
signed
by
the
certified
applicator
authorizing
the
uncertified
person
to
purchase
the
restricted
use
pesticide
on
his
behalf,
and
a
driver's
license
or
other
State,
county,
or
Tribal
identification
document
issued
to
the
uncertified
person
to
whom
the
restricted
use
pesticide
is
made
available.
August
25,
2004
Page
51
of
56
(
3)
A
photocopy
or
facsimile
of
the
certified
applicator's
certification
document,
together
with
a
copy
of
a
signed
contract
or
agreement,
between
the
uncertified
person
to
whom
the
restricted
use
pesticide
is
being
made
available
for
use
and
the
identified
certified
applicator,
which
provides
for
the
use
of
the
restricted
use
pesticide
by
the
identified
certified
applicator,
and
a
driver's
license
or
other
State,
county,
or
Tribal
identification
document
issued
to
the
uncertified
person
to
whom
the
restricted
use
pesticide
is
made
available.

(
3)
Availability
of
required
records.
Each
pesticide
dealer
shall,
upon
request
of
any
officer
or
employee
of
EPA
duly
designated
by
the
Administrator,
furnish
or
permit
such
person
at
all
reasonable
times
to
have
access
to
and
copy
all
records
required
to
be
maintained
under
this
section.

(
4)
Failure
to
comply.
Any
person
who
fails
to
comply
with
the
provisions
of
this
rule
may
be
subject
to
civil
or
criminal
sanctions,
under
section
14
of
the
Act,
or
18
U.
S.
C.
1001.
Violations
include
failure
to
submit
or
falsification
of
any
report
required
under
this
paragraph,
failure
to
maintain
or
falsification
of
records
as
required
under
this
section,
and
making
available
for
use
any
pesticide
classified
for
restricted
use
to
a
person
who
is
not
a
certified
commercial
applicator
other
than
in
accordance
with
these
regulations
and
section
3(
d)
of
the
amended
FIFRA
or
rules
promulgated
thereunder.

[
43
FR
24837,
June
8,
1978,
as
amended
at
48
FR
29855,
June
29,
1983;
48
FR
53974,
Nov.
29,
1983;
49
FR
17759,
Apr.
25,
1984;
58
FR
34203,
June
23,
1993]
August
25,
2004
Page
52
of
56
EPA
ICR
No.
0155.08
OMB
Control
No.
2070­
0029
ATTACHMENT
D
List
of
Respondents
Consulted
by
EPA
Regarding
the
ICR
Renewal
August
25,
2004
Page
53
of
56
Consultation
Contacts
STATE
REPORTING:
Jack
Peterson,
Director
Association
of
American
Pest
Control
Officials
AZ
Dept.
of
Agriculture
1688
West
Adams
St.
Phoenix,
AZ
85007­
2617
Phone:
602­
542­
3575
COMMERCIAL
APPLICATOR
RECORD­
KEEPING:
Andrew
Moore,
Executive
Director
National
Agricultural
Aviation
Association
1005
E
Street
SE
Washington
DC
20003
Phone:
202­
546­
5722
Tom
Delaney,
Government
Affairs
Professional
Lawn
Care
Association
of
America
1000
Johnson
Ferry
Rd
NE
Ste
C­
135
Marietta,
GA
30068­
2112
770­
544­
1109
Gene
Harrington,
Manager,
Government
Affairs
National
Pest
Management
Association
8100
Oak
St
Dunn
Loring,
VA
22027­
1097
703­
573­
8330
George
Wichterman,
Entomologist
Lee
County
Mosquito
Control
District
P.
O.
Box
60005
Fort
Myers,
FL
33906
239­
694­
2174
DEALERSHIPS
IN
COLORADO:
John
Marsh,
dealer
representative
Wilcox
Oil
and
Chemical
Co.
PO
Box
97
Burlington
CO
80807
719­
346­
8867
August
25,
2004
Page
54
of
56
EPA
ICR
No.
0155.08
OMB
Control
No.
2070­
0029
ATTACHMENT
E
EPA
Form
8500­
17
­
Colorado
Private
Pesticide
Applicator
Certification
Application
Form
Form
Approved.
OMB
Control
No.
2070­
0029.
Expires
xx­
xxxxxx
Page
55
of
56
US
EPA
REGION
VIII
PESTICIDE
APPLICATOR
CERTIFICATION
(
8P­
P3T)
999
18TH
STREET,
SUITE
500
DENVER,
COLORADO
80202­
2466
(
303)
312­
7283
(
800)
227­
8917
COLORADO
PRIVATE
PESTICIDE
APPLICATOR
CERTIFICATION
APPLICATION
FORM
LAST
NAME
(+
Jr,
Sr,
II,
III,
etc.)
FIRST
NAME
MI
HOME
ADDRESS
CITY
STATE
ZIP
­

AREA
CODE
TELEPHONE
COUNTY
OFFICE
USE
(
)
­

CIRCLE
EYE
COLOR








CIRCLE
HAIR
COLOR
BLUE
(
1)
BROWN
(
2)
HAZEL
(
3)
GREEN
(
4)
OTHER
(
5)
BLACK
(
1)
BROWN
(
2)
BLOND
(
3)
RED
(
4)
GRAY
(
5)
BALD
(
6)

HEIGHT
WEIGHT
BIRTH
DATE
ID
NUMBER
(
IF
RENEWAL)

(
FT)
(
IN)
(
LB)

M
M
­
D
D
­
Y
Y
C
O
PLEASE
CHECK
ONLY
ONE
OF
THE
FOLLOWING
BOXES
FIRST
REQUEST
FOR
FEDERAL
CERTIFICATION

REPLACEMENT
OF
A
LOST
CARD

FOUR
YEAR
RECERTIFICATION
(
RENEWAL)

I
hereby
attest
to
the
fact
that
I:
1.
have
personally
completed
the
EPA
"
Private
Applicator
Certification
and
Recertification
Home
Study
Course
Questionnaire."
2.
understand
and
can
apply
the
information
therein.
3.
understand
the
significance
of
labeling
and
understand
my
legal
responsibilities
for
the
use
of
pesticides
in
accordance
with
label
instructions
and
warnings.
4.
intend
to
purchase
and
use
Restricted
Use
pesticides
only
for
production
of
an
agricultural
commodity
on
property
owned
or
rented
by
myself
or
my
employer
or
to
other
property
if
the
application
is
made
without
compensation
other
than
trading
of
personal
services
between
producers
of
agricultural
commodities.
5.
have
made
all
statements
that
are
true
complete
and
correct
to
the
best
of
my
knowledge
and
belief,
and
have
made
these
statements
in
good
faith.
(
A
false
statement
in
this
certification
may
be
grounds
for
denial
of
certification
and
may
be
punishable
by
fine
or
imprisonment
according
to
U.
S.
Code,
Title
18,
Section
1801.)

SIGNATURE
(
IN
INK):
DATE
SIGNED:

(
FOR
OFFICE
USE:)

REC:
APP:
INIT:
SENT:
Form
Approved.
OMB
Control
No.
2070­
0029.
Expires
xx­
xxxxxx
Page
56
of
56
Paperwork
Reduction
Act
Notice:
The
public
reporting
burden
for
respondents
completing
this
form
is
estimated
to
average
about
10
minutes
per
response.
Send
comments
regarding
the
burden
estimate
or
any
other
aspect
of
this
collection
of
information,
including
suggestions
for
reducing
the
burden
to:
Director,
Collection
Strategies
Division
(
2822T),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
N.
W.,
Washington,
DC
20460
(
do
not
send
the
form
to
this
address).

EPA
Form
8500­
17
(
Rev.
08­
2004)
