
Proposed
Federal
Plan
for
the
Certification
of
Restricted
Use
Pesticide
Applicators
in
Navajo
Indian
Country
January
10,
2006
(
4:
05pm)
Table
of
Contents
I.
Introduction
1
II.
Legal
Authority
2
III.
Applicability
of
the
Plan
2
IV.
Lead
Agency
3
1.
Funding
and
Personnel
2.
Maintenance
of
the
Plan
3.
Reporting
V.
Cooperating
Agencies
4
1.
Navajo
Nation
2.
States
VI.
Summary
of
Plan
4
1.
Legal
Background
for
the
Plan
4
2.
Coordination
of
Agencies
4
(
a)
EPA
(
b)
Navajo
Nation
(
c)
States
3.
Categories
and
Subcategories
Used
in
Navajo
Indian
Country
Plan
6
4.
Applicators
Included
in
this
Plan
6
(
a)
Commercial
Applicators
(
b)
Private
Applicators
VII.
Procedures
for
Certification
under
the
Federal
Plan
9
VIII.
Compliance
and
Enforcement
of
the
Federal
Plan
10
IX.
Appendices
A.
FIFRA
­
Section
11
[
136i]
Use
of
restricted
use
pesticides;
applicators
40
CFR
­
Protection
of
the
Environment,
Section
171.11
B.
FRN­
Notice
of
Intent
to
Establish
Federal
Certification
Program,
dated
C.
FRN­
Final
Notice
of
Implementation,
dated
____
D.
Memorandum
of
Understanding
between
EPA
Region
9
and
Navajo
Nation
E.
MOU
between
EPA
Region
9
and
the
Arizona
Department
of
Agriculture
F.
MOU
between
EPA
Region
9
and
the
Arizona
Structural
Pest
Control
Commission
G.
MOU
between
EPA
Region
9
and
the
Utah
Department
of
Agriculture
and
Food
H.
Draft
Form
­
Request
for
Pesticide
Applicator
Certification
in
Navajo
Indian
Country
January
10,
2006
(
4:
05pm)
1
I.
Introduction
Under
the
Federal
Insecticide,
Fungicide
and
Rodenticide
Act
(
FIFRA),
as
amended,
7
U.
S.
C.
§
136
et
seq.,
the
Administrator
of
the
United
States
Environmental
Protection
Agency
(
EPA)
has
the
authority
to
classify
all
registered
pesticides
as
either
"
restricted
use"
or
"
general
use."
Restricted
use
pesticides
(
RUPs)
may
only
be
applied
by
a
certified
applicator
or
someone
acting
under
the
direct
supervision
of
a
certified
applicator
(
7
U.
S.
C.
§
§
136a(
d)(
1)(
C)(
i),
136j(
a)(
2)(
F)).
It
was
the
intent
of
Congress
that
persons
desiring
to
use
restricted
use
pesticides
should
be
able
to
obtain
certification
under
programs
approved
by
EPA,
as
reflected
in
Sections
11
and
23
of
FIFRA,
and
7
U.
S.
C.
§
§
136i,
136u.
The
regulations
addressing
tribal
and
state
development
and
submission
of
certification
plans
to
EPA
are
contained
in
40
C.
F.
R.
§
171.
It
is
EPA's
position
that
tribal
and
state
plans
are
best
suited
to
the
needs
of
that
particular
tribe
or
state
and
its
residents.
Tribes
and
states,
however,
are
not
required
to
develop
their
own
plans.
Where
there
is
no
EPA­
approved
state
or
tribal
certification
plan,
EPA
is
authorized
to
implement
a
federal
plan
for
the
certification
of
applicators
of
restricted
use
pesticides
pursuant
to
Sections
11
and
23
of
FIFRA,
and
7
U.
S.
C.
§
§
136i,
136u;
40
C.
F.
R.
§
171.11.

There
is
currently
no
EPA­
approved
pesticide
certification
plan
in
effect
for
Navajo
Indian
Country.
Although
there
are
EPA­
approved
certification
plans
in
the
States
of
Arizona
and
Utah,
where
certain
portions
of
Navajo
Indian
Country
are
geographically
located,
these
state
plans
are
not
approved
for
areas
within
Indian
Country
associated
with
the
Navajo
Nation.
EPA
Region
9
has
consulted
with
the
Navajo
Nation
regarding
implementation
of
a
federal
plan
for
restricted
use
pesticide
applicators
to
operate
in
Navajo
Nation
Indian
Country.
EPA
Region
9
is
planning
to
implement
a
federal
certification
plan
under
40
C.
F.
R.
§
171.11
until
such
time
as
an
EPAapproved
program
is
in
place
for
Navajo
Indian
Country.

This
plan
will
primarily
rely
on
the
authority
contained
in
40
C.
F.
R.
§
171.11(
e)
as
the
basis
for
the
federal
certification
that
will
be
operative
in
Navajo
Indian
Country.
This
section
permits
EPA
to
issue
certificates
based
upon
the
pesticide
applicator
first
meeting
the
requirements
for
certification
issued
under
any
other
federal
or
EPA­
approved
state
or
tribal
program.
Therefore,
within
Navajo
Nation
Indian
Country,
EPA
may,
consistent
with
the
requirements
set
forth
in
this
plan,
issue
a
certificate
for
restricted
use
pesticide
application
to
individuals
possessing
a
valid
certification
issued
under
a
federal
or
EPA­
approved
state
or
tribal
certification
plan.

Thus,
where
appropriate,
EPA
will
issue
federal
certificates
where
the
standards
of
competency
for
each
category
or
subcategory
identified
in
the
other
federal,
state
or
tribal
certificate
are
sufficiently
comparable
to
the
federal
standards
for
each
category
or
subcategory
to
justify
waiving
further
demonstration
of
competency.
EPA
has
already
determined
that
all
the
standards
of
competency
in
all
the
categories
and
subcategories
in
Utah's
and
Arizona's
plans
meet
this
requirement
through
the
EPA
plan
approval
process
and
based
on
the
plans
in
effect
when
the
notice
of
intent
was
published
in
the
Federal
Register
on
(
insert
FRN
date).
Certificates
from
other
state,
tribal,
or
federal
programs
will
be
looked
at
individually
as
needed,
to
determine
whether
or
not
they
meet
this
requirement.
January
10,
2006
(
4:
05pm)
2
January
10,
2006
(
4:
05pm)
3
II.
Legal
Authority
This
plan
will
be
implemented
under
the
authority
of
Sections
11(
a)(
1)
and
23
FIFRA,
as
amended
by
the
Food
Quality
Protection
Act
of
August
3,
1996,
and
regulations
in
40
C.
F.
R.
§
§
171.1­
171.11.
Additional
enforcement
authorities
are
found
in
Sections
8,
9,
and
12
of
FIFRA.

For
copies
of
legal
authorities,
see
Appendix
A,
which
contains
copies
of
Sections
11(
a)(
1)
and
23
of
FIFRA
and
relevant
portions
of
40
C.
F.
R.
§
171.11.

A
Federal
Register
Notice
providing
information
regarding
EPA's
intent
to
establish
a
federal
certification
plan
in
Navajo
Indian
Country
was
published
on
[
insert
date
when
FRN
is
published].

For
a
copy
of
the
notice
of
intent
and
the
final
notice
of
implementation
published
in
the
Federal
Register,
see
Appendices
B
and
C.

III.
Applicability
of
the
Plan
EPA
intends
to
implement
this
federal
certification
plan
in
"
Indian
Country,"
as
defined
in
18
U.
S.
C.
§
1151,
that
is
associated
with
the
Navajo
Nation.
"
Indian
Country"
is
defined
in
18
U.
S.
C.
§
1151
as:

(
a)
all
land
within
the
limits
of
any
Indian
reservation
under
the
jurisdiction
of
the
United
States
Government,
notwithstanding
the
issuance
of
any
patent,
and,
including
rights­
ofway
running
through
the
reservation;
(
b)
all
dependent
Indian
communities
within
the
borders
of
the
United
States
whether
within
the
original
or
subsequently
acquired
territory
thereof,
and
whether
within
or
without
the
limits
of
a
state;
and
(
c)
all
Indian
allotments,
the
Indian
titles
to
which
have
not
been
extinguished,
including
rights­
of­
way
running
through
the
same.

Under
this
definition,
EPA
treats
as
reservations
trust
lands
validly
set
aside
for
the
use
of
a
tribe
even
if
the
trust
lands
have
not
been
formally
designated
as
a
reservation.

Indian
Country
associated
with
the
Navajo
Nation
includes,
but
is
not
limited
to:

1.
Land
within
the
exterior
boundaries
of
the
formal
Navajo
Indian
Reservation,
including
the
three
satellite
Reservations
of
Alamo,
Canoncito
and
Ramah,
but
excluding
areas
of
Indian
Country
associated
with
the
Hopi
Tribe;
and
2.
Lands
in
the
Eastern
Navajo
Agency
that
are
held
in
trust
by
the
United
States
government
for
the
use
of
the
Navajo
Nation
or
for
the
benefit
of
individual
members
of
the
Navajo
Nation
or
that
are
dependent
Indian
communities.

The
above
description
reflects
where
EPA
intends
to
directly
implement
its
federal
certification
plan,
and
is
not
a
determination
as
to
where
the
Navajo
Nation
would
have
the
authority
to
implement
a
certification
plan
under
FIFRA.
The
scope
of
the
Navajo
Nation's
authority
to
January
10,
2006
(
4:
05pm)
4
implement
such
a
certification
plan
would
be
addressed
if,
and
when,
Navajo
Nation
applies
for
approval
of
a
tribal
certification
program.

IV.
Lead
Agency
EPA,
via
Region
IX,
San
Francisco,
California
(
hereafter
"
EPA
Region
IX")
will
be
the
lead
agency
for
the
administration
of
the
federal
certification
plan
for
restricted
use
pesticide
applicators
in
Navajo
Indian
Country.
The
EPA
Region
IX
Pesticides
Office
is
the
responsible
unit
for
the
program's
implementation,
coordination
and
enforcement.
EPA
has
legal
authority
to
conduct
this
plan
as
described
in
Section
II.

1.
Funding
and
Personnel
EPA
Region
IX
has
adequate
resources
to
implement
the
certification
plan
in
Navajo
Indian
Country
which
is
consistent
with
the
requirements
of
FIFRA
and
regulations
in
40
C.
F.
R.
Part
171.
These
resources
include
funding,
database
systems,
and
staff.
EPA
Region
IX
has
identified
.2
of
a
full
time
equivalent
(
FTE)
clerical
staff
time
(
SEE
employee)
and
.1
of
the
Certification
Program
Manager's
FTE
to
administer
the
program
and
.1
FTE
for
oversight
of
Navajo
Nation's
inspection
program
and
enforcement
actions
related
to
the
requirements
of
the
plan.
EPA
Region
IX
has
developed
a
database
that
will
allow
EPA
to
track
applicants'certification
status
and
issue
various
notification
letters
and
certification
cards.
EPA
Region
IX
will
dedicate
funding
for
travel
and
supplies
on
an
as
needed
basis.

EPA
Region
IX
estimates
that
approximately
45
commercial
applicators
and
5
private
applicators
will
need
to
be
certified
in
Navajo
Indian
Country.
Qualified
commercial
and
private
applicators
will
be
issued
certification
credentials
in
the
form
of
a
laser
printed
paper
card.

2.
Maintenance
of
the
Plan
EPA
Region
IX
personnel,
including
the
Certification
Program
Manager,
the
Tribal
Project
Officer,
the
Tribal
Enforcement
Liaison,
and
administrative
staff,
will
be
responsible
for
the
maintenance
of
the
federal
certification
program
in
Navajo
Indian
Country.
Program
maintenance
activities
include
application
processing,
database
management,
record
keeping,
cooperative
agreement
management,
program
oversight
and
enforcement.

3.
Reporting
EPA
Region
IX
will
prepare
an
annual
report
on
or
before
March
31
of
each
year.
Copies
of
this
report
will
be
made
available
to
the
Navajo
Nation
Pesticide
Regulatory
Program
and
the
EPA
Office
of
Pesticide
Programs.
Copies
of
this
report
will
be
available
on
the
EPA
Internet
website
and
in
hard
copy
in
EPA
Region
IX's
Library
for
public
inspection
from
9:
00
a.
m.
to
4:
00
p.
m.,
Monday
through
Friday,
excluding
federal
holidays,
at
the
United
States
Environmental
Protection
Agency,
Region
IX
Library,
75
Hawthorne
Street,
San
Francisco,
CA
94105­
3901.
This
plan
also
requires
that
all
reporting
and
record
keeping
requirements
contained
in
40
C.
F.
R.
§
171.11,
which
apply
to
certified
commercial
applicators
(
40
C.
F.
R.
§
171.11(
c)(
7)),
and
January
10,
2006
(
4:
05pm)
5
restricted
use
pesticide
retail
dealers
in
Navajo
Indian
Country
(
40
C.
F.
R.
§
171.11(
g)),
are
met.
In
complying
with
the
40
C.
F.
R.
§
171.11(
g)
requirements
for
the
submission
of
reports,
the
dealer
or
dealership
must
send
such
reports
to
EPA,
Region
IX,
75
Hawthorne
Street,
Mail
Code
CMD­
5,
San
Francisco,
CA
94105­
3901,
Attention:
Certification
Program
Manager.

V.
Cooperating
Agencies
1.
Navajo
Nation
The
Navajo
Nation
agency
cooperating
in
the
implementation
of
the
Federal
Plan
is
the
Navajo
Nation
Pesticide
Regulatory
Program
(
NNPRP)
which
is
a
unit
under
the
Navajo
Nation
Environmental
Protection
Agency.

2.
States
The
state
agencies
relevant
to
the
implementation
of
the
Federal
Plan
are:
the
Arizona
Department
of
Agriculture,
the
Arizona
Structural
Pest
Control
Commission
and
the
Utah
Department
of
Agriculture
and
Food.
Other
states
may
become
relevant
to
the
implementation
of
the
Federal
Plan
if
applicators
seek
to
use
certificates
issued
by
those
states
as
a
basis
for
a
federal
certificate.

VI.
Summary
of
Plan
1.
Legal
Background
for
the
Plan
The
certification
requirements
are
not
self
implementing.
Rather,
a
prospective
applicator
of
a
restricted
use
pesticide
can
only
become
certified
if
a
certification
program
has
been
approved
by
EPA
for
the
area
in
which
he
or
she
seeks
to
apply
the
pesticide.
Among
other
things,
EPA
regulations,
provide
for
implementation
of
certification
programs
in
Indian
Country
in
the
following
ways.

1)
The
tribe
may
develop
its
own
plan
for
certifying
applicators
and
submit
the
plan,
through
the
United
States
Department
of
the
Interior,
to
EPA
for
approval;
2)
The
tribe
may
choose
to
utilize
a
state
certification
program
in
which
case
it
should
enter
into
a
cooperative
agreement
with
the
state
which
shall
be
incorporated
into
the
state
plan
and
forwarded
to
EPA
for
approval.
3)
EPA
may
implement
a
federal
certification
program
where
there
is
no
approved
plan
in
effect.

See
40
C.
F.
R.
§
§
171.10,
171.11.
EPA
intends
to
implement
a
federal
certification
program
in
Navajo
Indian
Country.
January
10,
2006
(
4:
05pm)
6
2.
Coordination
of
Agencies
(
a)
EPA
Region
IX
will
have
the
lead
for
certification
of
restricted
use
pesticide
applicators
in
Navajo
Indian
Country.
EPA
Region
IX's
responsibility
for
the
implementation
of
this
program
shall
include
the
following:

1)
Develop
all
materials
necessary
for
implementing
the
federal
certification
program.

2)
Issue
federal
certificates
to
applicators
qualifying
for
federal
certification
in
Navajo
Indian
Country.

3)
Provide
funding,
if
available,
to
the
Navajo
Nation
to
support
cooperative
enforcement
activities
which
are
identified
in
this
Plan
and
further
identified
in
the
"
Memorandum
of
Understanding
between
the
United
States
Environmental
Protection
Agency
Region
IX
and
the
Navajo
Nation
Regarding
the
Cooperative
Enforcement
of
the
Federal
Pesticide
Applicator
Certification
Program
in
Navajo
Indian
Country"
and
in
the
Navajo
Nation's
cooperative
agreement
work
plan
for
the
pesticide
program.

4)
Develop
a
database
to
track
federal
certifications
and
re­
certifications
issued
to
applicators
of
RUPs
in
Navajo
Indian
Country
and
provide
annually
a
list
of
federally
certified
applicators
to
NNPRP.

5)
Where
appropriate,
take
federal
enforcement
actions
for
violations
of
FIFRA,
including
violations
of
the
federal
certification
program
(
b)
The
Navajo
Nation
Pesticide
Regulatory
Program
will
support
the
federal
certification
program
being
implemented
in
Navajo
Indian
Country.
The
NNPRP
will
conduct
compliance
assistance
activities
as
noted
below:

1)
Identify
all
RUP
applicators
operating
in
Navajo
Indian
Country
and
determine
their
current
compliance
status
(
e.
g,
Do
they
hold
a
current/
valid
federal,
state
or
tribal
certification?,
Are
they
commercial
or
private
applicators?,
In
what
categories
do
they
hold
or
need
certification?).

2)
Provide
compliance
assistance
to
applicators
of
RUPs
in
Navajo
Indian
Country
to
facilitate
understanding
of
and
assure
compliance
with
federal
certification
requirements,
which
may
include
providing
instructions
and
forms
for
federal
certification.

3)
Conduct
use
inspections
including
dealer
and
certified
applicator
records
inspections
per
agreed
upon
inspection
targets
in
accordance
with
the
annual
pesticide
enforcement
cooperative
agreement
work
plan
using
federal
credentials
and
on
behalf
of
EPA.

4)
Refer
to
EPA
Region
IX,
for
possible
federal
enforcement,
violations
of
FIFRA,
including
requirements
of
the
federal
certification
program,
that
are
discovered
and
documented
during
inspections
conducted
by
NNPRP.
January
10,
2006
(
4:
05pm)
7
See
Appendix
D
­
Memorandum
of
Understanding
between
the
Navajo
Nation
and
EPA
Region
IX.

(
c)
The
States
of
Arizona
and
Utah
will
continue
to
operate
their
pesticide
applicator
certification
programs
as
described
in
their
state
plans.
EPA
Region
IX
has
entered
into
a
Memorandum
of
Understanding
with
each
state
that
stipulates
that
each
state
will:

1)
Provide
EPA
Region
IX
with
information
on
whether
an
individual
seeking
an
applicator
certificate
under
the
Federal
Plan
has
a
valid
state
certificate.

2)
Inform
EPA
Region
IX
when
a
state
certification
is
suspended,
revoked
or
altered
by
the
state.

See
Appendices
E,
F
and
G
­
Memorandum
of
Understanding(
s)
between
EPA
Region
IX
and
the
Arizona
Department
of
Agriculture,
the
Arizona
Structural
Pest
Control
Board
and
the
Utah
Department
of
Agriculture
and
Food.

3.
Categories
and
Subcategories
Used
in
Navajo
Indian
Country
Plan
EPA
Region
IX
will
use
the
commercial
applicator
categories
as
outlined
at
40
C.
F.
R.
§
171.3(
b),
all
of
which
have
been
adopted
by
the
States
of
Arizona
and
Utah,
as
well
as
five
other
categories
designated
by
the
State
of
Utah
which
include:
Aerial
Application
Pest
Control,
Vertebrate
Animal
Pest
Control,
Fumigation/
Stored
Commodities
Pest
Control,
Wood
Preservation
Pest
Control,
and
Wood­
Destroying
Organisms
Pest
Control.

In
addition,
EPA
Region
IX
has
reviewed
the
subcategories
of
commercial
applicators
currently
adopted
by
these
two
states
under
40
C.
F.
R.
§
171.3(
c).
These
subcategories
are:
from
Utah,
under
Aquatic
Pest
Control:
Surface
Water
and
Sewer
Root,
under
Regulatory
Pest
Control:
Predator
Control/
1080
Livestock
Protection
Collar
and
Predator
Control/
M­
44
Device;
and,
from
Arizona,
General
Pest
Control;
Termites
and
Wood­
destroying
Pests;
Wood
Products
Preservation;
Fumigation;
Weed
Control;
M­
44
Pest
Control;
and
Rodent
Pest
Control.
EPA
believes
these
subcategories
of
commercial
applicators
meet
the
needs
in
Navajo
Indian
Country,
and
adopts
them
per
40
C.
F.
R.
§
171.11(
c)(
2).
No
other
additional
major
categories
or
subcategories
will
be
used
in
Navajo
Indian
Country
at
the
present
time.

However,
EPA
may
deem
other
categories
or
subcategories
of
commercial
applicators
necessary
in
the
future,
consonant
with
the
needs
of
the
Navajo
Nation
and
applicators
in
Navajo
Indian
Country,
as
provided
in
40
C.
F.
R.
§
171.11(
c).

4.
Applicators
Included
in
this
Plan
Under
FIFRA,
there
are
two
types
of
applicators
of
restricted
use
pesticides:
private
and
commercial.
A
"
private
applicator"
is
defined
to
be
a
"
certified
applicator
who
uses
or
supervises
the
use
of
any
pesticide
which
is
classified
for
restricted
use
for
purposes
of
producing
an
agricultural
commodity
on
property
owned
or
rented
by
the
applicator
or
the
applicator's
employer
or
(
if
applied
without
compensation
other
than
trading
of
personal
services
between
January
10,
2006
(
4:
05pm)
8
producers
of
agricultural
commodities)
on
the
property
of
another
person."
7
U.
S.
C.
§
136(
e)(
2).
A
"
commercial
applicator"
is
defined
to
be
an
"
applicator
(
whether
or
not
the
applicator
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
set
forth
in
the
definition
of
a
private
applicator.
7
U.
S.
C.
§
136(
e)(
3).
Where
EPA,
versus
a
tribe
or
a
state,
implements
a
certification
program,
both
FIFRA
and
the
regulations
require
that
EPA
offer
private
applicators
an
option
to
be
certified
without
taking
an
examination.
See
7
U.
S.
C.
§
136i(
a)(
1),
40
C.
F.
R.
§
171.11(
d)(
1).
Because
Arizona
and
Utah
do
not
offer
private
applicators
an
option
to
be
certified
without
taking
an
examination,
EPA,
as
discussed
below,
will
offer
a
"
non­
exam"
option
to
private
applicators.

(
a)
Commercial
Applicators
For
individuals
seeking
certification
as
commercial
applicators
under
the
federal
certification
program
in
Navajo
Indian
Country,
EPA
Region
IX
will
utilize
the
authority
contained
in
40
C.
F.
R.
§
171.11(
e).
This
section
of
the
regulations
permits
EPA
to
issue
a
federal
certificate
based
upon
the
pesticide
applicator
holding
a
valid
certificate
issued
under
any
other
EPA­
approved
program
without
further
demonstrating
competency.
However,
under
this
provision,
EPA
may
deny
issuance
of
such
certificate
if
the
standards
of
competency
for
each
category
or
subcategory
identified
in
the
other
federal,
state
or
tribal
certificate
are
not
sufficiently
comparable
to
justify
waiving
further
demonstration
of
competency.

(
1)
Submitting
evidence
of
certification
as
a
commercial
applicator
authorized
to
apply
federally­
designated
Restricted
Use
Pesticides
in
Arizona
or
Utah.
EPA
Region
IX
has
determined
that
for
Arizona
and
Utah,
the
current
standards
of
competency
for
each
category
or
subcategory
of
commercial
applicators
in
those
certification
programs
are
sufficiently
comparable
to
the
federal
requirements
to
justify
waiving
further
demonstration
of
competency.
Therefore,
under
this
federal
certification
plan,
EPA
Region
IX
will
issue
a
certificate
for
restricted
use
pesticide
application
in
Navajo
Indian
Country
to
an
individual
possessing
a
certificate
issued
by
one
of
these
two
states
for
the
same
applicator
categories
and/
or
subcategories
described
in
their
state
certificate.
The
applicator
will
be
required
to
submit
the
EPA
Region
IX
Request
for
Pesticide
Applicator
Certification
in
Navajo
Indian
Country
form
and
written
evidence
(
copy
of
certificate,
credential,
license,
or
other
documentation)
of
valid
certification
to
the
EPA
Region
IX
Pesticides
Office.

Information
required
by
the
pesticide
applicator
certification
includes:
contact
information
(
name,
address,
phone
number),
state
certification
identification
number,
date
of
expiration
and
designation
of
category
or
subcategory
under
which
the
applicator
is
requesting
federal
certification.
Copies
of
the
EPA
Region
IX
Pesticide
Applicator
Certification
form
can
be
obtained
from
the
EPA
Region
IX
Pesticides
Office.
EPA
Region
IX
will
verify
with
the
appropriate
state
certifying
agency
with
whom
the
applicant
is
claiming
to
hold
a
valid/
current
certificate,
to
assure
that
the
certificate
on
which
EPA
Region
IX
would
base
its
federal
certification
is
in
fact
valid
and
current.

(
2)
Submitting
evidence
of
certification
as
a
commercial
applicator
authorized
to
apply
January
10,
2006
(
4:
05pm)
9
federally­
designated
Restricted
Use
Pesticides
under
any
other
federal
or
EPA­
approved
state
or
tribal
applicator
certification
program.
EPA
Region
IX
may
also
issue
commercial
certification
credentials
in
the
appropriate
commercial
applicator
category(
ies)
or
subcategory(
ies)
valid
in
Navajo
Indian
Country
to
applicators
who
have
been
certified
in
the
same
or
similar
category(
ies)
or
subcategory(
ies)
as
described
herein
under
any
other
federal
or
EPA­
approved
state
or
tribal
certification
plan.
The
applicator
will
be
required
to
submit
the
EPA
Region
IX
Pesticide
Applicator
Certification
form
and
written
evidence
of
valid
certification
to
EPA
Region
IX.
The
Regional
Administrator
may
deny
issuance
of
such
certificate,
if
the
standards
of
competency
for
each
commercial
applicator
category
or
subcategory
identified
in
the
other
federal,
state
or
tribal
certificate
are
not
sufficiently
comparable
to
the
federal
requirements.

(
3)
Length
of
certification.
Unless
suspended
or
revoked,
a
certificate
issued
under
the
preceding
two
paragraphs
is
valid
for
two
years
from
the
date
of
issuance
of
the
federal
certificate,
or
until
the
expiration
date
of
the
original
certificate
on
which
the
federal
certificate
is
based,
whichever
occurs
first.
The
Regional
Administrator
will
review
the
EPA­
issued
certificate
for
revocation
or
suspension
when
the
federal,
state
or
tribal
certificate
upon
which
it
is
based
is
revoked,
suspended
or
modified.
The
Administrator
may
also
deny,
suspend,
modify
or
revoke
a
certificate
pursuant
to
40
C.
F.
R.
§
171.11(
f).

(
4)
Renewal/
recertification.
Applicators
may
be
recertified
by
successful
completion
of
one
of
the
options
available
for
original
certification
during
the
12
month
period
preceding
expiration
of
his
or
her
certificate.

(
5)
Denial,
suspension,
modification,
or
revocation
of
certification.
The
Regional
Administrator
will
review
the
EPA­
issued
certificate
for
revocation
or
suspension
when
the
federal,
state
or
tribal
certificate
upon
which
it
is
based
is
revoked,
suspended
or
modified.
The
Administrator
may
also
deny,
suspend,
modify
or
revoke
a
certificate
pursuant
to
40
CFR
171.11(
f).

(
b)
Private
Applicators
For
individuals
seeking
certification
as
private
applicators
under
the
federal
certification
program
in
Navajo
Indian
Country,
EPA
Region
IX
will
utilize
the
authority
contained
in
40
C.
F.
R.
§
171.11(
e),
as
set
forth
in
paragraphs
1
and
2,
below.
If
the
individual
does
not
wish
to
take
an
examination,
he
or
she
may
choose
to
follow
the
procedures
set
forth
in
paragraph
3,
below.

The
standards
of
competency
for
private
applicators
will
be
those
in
40
C.
F.
R.
§
§
171.5
and
171.6.
Individuals
may
be
certified
as
private
applicators
in
Navajo
Indian
Country
by
one
of
the
following
options:

(
1)
Submitting
evidence
of
certification
as
a
private
applicator
authorized
to
apply
federally­
designated
Restricted
Use
Pesticides
by
Arizona
or
Utah.
Under
this
option,
a
private
applicator
will
be
required
to
submit
written
evidence
(
copy
of
certificate,
credential,
license
or
other
documentation)
of
certification
from
Arizona
or
Utah
and
a
January
10,
2006
(
4:
05pm)
10
completed
EPA
Region
IX
Pesticide
Applicator
Certification
form
to
EPA
Region
IX
before
receiving
private
applicator
certification
in
Navajo
Indian
Country.
Copies
of
the
EPA
Region
IX
Pesticide
Applicator
Certification
form
can
be
obtained
from
the
EPA
Region
IX
Office.
EPA
Region
IX
has
determined
that
private
applicators
certified
by
either
of
these
two
states
have
met
requirements
equal
to
those
established
under
this
program
(
under
40
C.
F.
R.
§
§
171.5
and
171.6).

(
2)
Submitting
evidence
of
certification
as
a
private
applicator
authorized
to
apply
federally­
designated
Restricted
Use
Pesticides
under
any
other
federal
or
EPA­
Approved
state
or
tribal
plan.
EPA
Region
IX
may
also
issue
a
certificate
valid
in
Navajo
Indian
Country
to
private
applicators
who
have
been
certified
as
private
applicators
under
any
other
federal
or
EPA­
approved
state
or
tribal
certification
plan.
The
applicator
will
be
required
to
submit
the
EPA
Region
IX
Pesticide
Applicator
Certification
form
and
written
evidence
of
valid
certification
to
EPA
Region
IX.
The
Regional
Administrator
may
deny
issuance
of
such
certificate
if
the
standards
of
competency
for
private
applicators
identified
in
the
other
federal,
state
or
tribal
certificate
are
not
sufficiently
comparable
to
the
EPA
standards
of
competency.

(
3)
Non­
examination
option.
Under
this
option,
a
private
applicator
may
complete
a
selfstudy
learning
program.
The
prospective
private
applicator
can
obtain
a
self­
study
learning
packet
and
an
EPA
Region
IX
Pesticide
Applicator
Certification
form
by
contacting
EPA
Region
IX.
This
option
will
require
the
applicator,
upon
completion
of
the
program,
to
return
the
completed
program
to
the
EPA
Region
IX
Certification
Program
Manager,
who
will
review
any
unresolved
questions
with
the
applicator,
verify
that
the
manual
has
been
completed
by
the
applicator,
and
determine
that
the
applicator
is
competent
to
be
certified.
The
applicator
must
also
attest
that
he
or
she
personally
completed
the
program
by
signing
the
EPA
Region
IX
Pesticide
Applicator
Certification
form.
Under
this
option,
successful
completion
of
the
self­
study
learning
program
is
required
before
receiving
private
applicator
certification
in
Navajo
Indian
Country.

(
4)
Length
of
certification.
Unless
suspended
or
revoked,
a
certificate
issued
to
a
private
applicator
under
paragraphs
1
or
2
is
valid
for
three
years
from
the
date
of
issuance
of
the
federal
certificate,
or
until
the
expiration
date
of
the
original
certificate
on
which
the
federal
certification
is
based,
whichever
occurs
first.
A
certificate
issued
under
paragraph
3
is
valid
for
four
years,
unless
suspended
or
revoked.
The
Regional
Administrator
will
review
the
EPA­
issued
certificate
for
revocation
or
suspension,
when
the
federal,
state
or
tribal
certificate
upon
which
it
is
based
is
revoked,
suspended
or
modified.
The
Administrator
may
also
deny,
suspend,
modify
or
revoke
a
certificate
pursuant
to
40
C.
F.
R.
§
171.11(
f).

(
5)
Renewal/
recertification.
Private
applicators
may
be
recertified
by
successful
completion
of
one
of
the
options
available
for
original
certification
during
the
12
month
period
preceding
expiration
of
his/
her
certificate.

(
6)
Denial,
suspension,
modification,
or
revocation
of
certification.
The
Regional
January
10,
2006
(
4:
05pm)
11
Administrator
will
review
the
EPA­
issued
certificate
for
revocation
or
suspension
when
the
federal,
state
or
tribal
certificate
upon
which
it
is
based
is
revoked,
suspended
or
modified.
The
Administrator
may
also
deny,
suspend,
modify
or
revoke
a
certificate
pursuant
to
40
CFR
171.11(
f).

VII.
Procedures
for
Certification
under
the
Federal
Plan
1.
Submit
Certification
Application.
Each
applicator
of
RUPs
in
Navajo
Indian
Country
must
submit
to
EPA
Region
IX
at
the
address
noted
below
a
completed
"
EPA
Region
IX
Request
for
Pesticide
Applicator
Certification
in
Navajo
Indian
Country"
EPA
Form
8500­
17­
N
along
with
proof
of
a
valid/
current
federal,
state
or
tribal
certification
for
the
individual
to
be
eligible
to
obtain
federal
certification
to
apply
restricted
use
pesticides
in
Navajo
Indian
Country.
For
private
applicators
seeking
to
be
certified
under
the
self
study
option,
a
study
guide
must
be
obtained
from
EPA
Region
IX,
completed
and
submitted
with
the
application
form.

The
EPA
Region
IX
Pesticide
Applicator
Certification
Form
may
be
obtained
from
EPA
Region
IX
Pesticides
Office
or
from
the
Navajo
Nation
Pesticide
Regulatory
Program.
(
See
a
draft
copy
of
this
form
in
Appendix
H)

Send
Application
to:
Certification
Program
Manager
US
EPA
Region
IX
Pesticides
Office
(
CED­
5)
75
Hawthorne
Street
San
Francisco,
CA
94105­
3901
2.
EPA
Region
IX
will
verify
with
the
appropriate
federal,
state
or
tribal
certifying
agency,
with
whom
the
applicant
is
claiming
to
hold
a
valid/
current
certification,
to
assure
that
the
certification
on
which
EPA
would
base
its
federal
certification
is
in
fact
valid
and
current.

3.
EPA
Region
IX
may
issue
a
federal
certificate
under
this
plan
to
all
applicators
of
RUPs
operating
in
Navajo
Indian
Country,
if
they
have
completed
the
application
form
and
provided
adequate
written
documentation
that
is
verified
by
the
initial
federal,
state
or
tribal
certifying
agency.
If
the
initial
certifying
agency
is
an
agency
other
than
Arizona
Department
of
Agriculture,
Arizona
Structural
Pest
Control
Commission
or
Utah
Department
of
Agriculture
and
Food,
EPA
Region
IX
will
have
to
determine
the
equivalency
of
that
agency's
program
relative
to
EPA's
requirements
under
40
C.
F.
R.
§
171.

4.
EPA
Region
IX
may
revoke,
suspend,
or
modify
the
EPA­
issued
certificate
when
the
federal,
state
or
tribal
certificate
upon
which
it
is
based
is
revoked,
suspended
or
modified.

5.
A
certificate
issued
by
EPA
Region
IX
is
valid
until
the
expiration
date
of
the
original
certificate
on
which
the
federal
certification
was
based
or
for
two
years
for
commercial
applicators
and
three
years
for
private,
whichever
occurs
first.
For
private
applicators
that
use
the
non­
examination/
self
study
option
for
certification
outlined
in
section
4.(
b)(
3)
of
the
plan
the
certificate
is
valid
for
four
years.
If
a
certificate
is
suspended,
revoked
or
modified
by
EPA
it
is
no
longer
valid.
January
10,
2006
(
4:
05pm)
12
6.
EPA
Region
IX
will
maintain
a
tracking
system
to
compile
data
regarding
each
applicator
who
applies
for
and
receives
federal
certification
under
this
plan.

VIII.
Compliance
and
Enforcement
of
the
Federal
Plan
EPA
has
the
authority
to
take
action,
as
appropriate,
to
ensure
that
restricted
use
pesticides
are
used
in
accordance
with
their
EPA
registered
labeling.
The
Agency
must
also
ensure
that
pesticide
applicators
and
dealers
comply
with
the
requirements
of
FIFRA
and
the
implementing
regulations,
including
provisions
of
this
federal
plan
specified
in
40
C.
F.
R.
§
171.11,
in
Navajo
Indian
Country.
In
accordance
with
Section
23(
a)(
1)
of
FIFRA,
the
Regional
Administrator
may
enter
into
cooperative
agreements
with
Indian
Tribes
to
delegate
to
such
Tribes
the
authority
to
cooperate
in
the
enforcement
of
the
Act.
EPA
Region
IX
and
the
Navajo
Nation
have
entered
into
a
cooperative
agreement
whereby
EPA
has
duly
designated
individuals
of
the
Navajo
Nation's
Pesticide
Regulatory
Program
as
representatives
of
EPA.
As
such,
they
may,
on
behalf
of
EPA,
conduct
inspections
for
the
purpose
of
determining
compliance
with
the
requirements
of
the
Act
and
the
implementing
regulations
including
those
specified
in
40
C.
F.
R.
§
171.11.

Accordingly,
to
help
ensure
that
certified
applicators
comply
with
standards
for
the
use
of
restricted
use
pesticides
and
to
provide
adequate
supervision
of
non­
certified
applicators,
federallycredentialed
tribal
inspectors
will
investigate
incidents,
accidents
and
complaints
related
to
pesticide
use
in
Navajo
Indian
Country.
Federally­
credentialed
tribal
inspectors
and/
or
EPA
inspectors
will
also
make
routine
inspections
of
pesticide
manufacturers,
distributors
dealers,
and
users
in
Navajo
Indian
Country.

In
cases
where
misuse
occurs,
EPA
may,
if
appropriate,
deny,
modify,
suspend,
or
revoke
a
certificate,
see
40
C.
F.
R.
§
171.11(
f),
or
take
an
enforcement
action
under
FIFRA.
Under
Section
14
of
FIFRA,
7
U.
S.
C.
§
136l,
as
amended
by
the
Federal
Civil
Penalties
Inflation
Adjustment
Act
of
1990,
28
U.
S.
C.
§
2461,
and
the
Federal
Civil
Penalties
Inflation
Adjustment
Act
of
1990,
28
U.
S.
C.
§
2461,
and
the
Debt
Collection
Improvement
Act
of
1996,
31
U.
S.
C.
§
3701,
EPA
has
the
authority
to
assess
both
civil
and
criminal
penalties.
Commercial
applicators,
wholesalers,
dealers,
retailers,
or
other
distributors
can
be
assessed
up
to
a
$
6,500
fine
for
each
offense
as
civil
penalties
and
up
to
a
$
25,000
fine
or
imprisonment,
for
not
more
than
one
year,
or
both,
for
each
offense
as
criminal
penalties.
Private
applicators,
subsequent
to
receiving
a
written
warning,
can
be
assessed
a
civil
penalty
up
to
$
1,200,
or
a
criminal
penalty
of
not
more
than
a
$
1,000
fine
and/
or
imprisonment
for
not
more
than
30
days,
for
each
offense.
Any
enforcement
action
taken
will
be
conducted
consistent
with
applicable
EPA
enforcement,
and
tribal
policies
and
guidances.
