2016 Revisions to the Certification of Pesticide Applicators Rule (40 CFR Part 171) and How it Will Impact Tribes Tribal Pesticide Program Council Full Council Meeting March 8-10, 2017 Nancy Fitz, Jennifer Park and Richard Pont Office of Pesticide Programs 1
Overview • Description of rule changes as they relate to Tribes – Tribal plan – EPA-administered plans – Outline of implementation • Discussion: – Tribal needs and what information about rule changes and EPA’s Plan for Indian country would be most helpful for the Tribes • Webinar for Tribes on rule changes and impacts/options – Outreach and roles for Tribes and EPA given the new rule requirements 2
Revised Certification Rule: Part 171.307 Description Citation Subpart D- Certification Plans 171.301-171.311 171.301 General. 171.303 Requirements for State certification plans. 171.305 Requirements for Federal agency certification plans. 171.307 Certification of applicators in Indian country. 171.309 Modification and withdrawal of approval of certification plans. 171.311 EPA-administered applicator certification programs. 3
§ 171.307 Certification of Applicators in Indian Country • What changed? – Eliminated the option for Tribes to establish certification program through State-Tribal agreement, and replaced it with option for Tribes to establish certification program through agreement with EPA Regions – Eliminated provision requiring Tribal plans to be submitted through DOI, and replaced it with provision allowing direct submission to EPA – Changed general requirements to be consistent with requirements for State plans, except that Tribes are not required to have criminal penalty authority 4
§ 171.307 Certification of Applicators in Indian Country • Why were these changes made? – Problems identified with requirement that required Tribes to enter into agreements with States – Current options were not providing Tribes with enough viable options for establishing certification programs – Needed to update language and Tribal terms and references to reflect current and accepted terms and terminology (e.g., Indian country instead of Indian Reservations, etc.) – Needed regulatory requirements to be consistent with EPA’s current accepted approach to working with Tribes 5
§ 171.307 Certification of Applicators in Indian Country • What you need to know (key points and take- away messages) – EPA has committed to post-publication outreach and informational sessions specific for Tribes to assist Tribes in understanding the rule revisions and implications and options for implementation – Potential issues may arise regarding State/Tribal jurisdiction on Tribal trust and fee lands that may not be with the boundaries of the established reservations – EPA Regions have primary role and responsibility for addressing Tribal plans and related issues, but it necessitates close coordination with EPA’s Tribal pesticide program coordinator (GISB), American Indian Environmental Office, Indian law group and CWPB 6
Revised Certification Rule: Part 171.311 Description Citation Subpart D- Certification Plans 171.301-171.311 171.301 General. 171.303 Requirements for State certification plans. 171.305 Requirements for Federal agency certification plans. 171.307 Certification of applicators in Indian country. 171.309 Modification and withdrawal of approval of certification plans. 171.311 EPA-administered applicator certification programs. 7
§ 171.311 EPA-Administered Applicator Certification Programs • What you need to know (key points and take- away messages) – No substantive issues raised/identified during rulemaking – EPA Headquarters will have primary role and responsibility for plan revision and will consult with Tribes – Region 9 will work to address issues with EPA plan for Navajo Nation – EPA will work with Regions and other Tribes with existing plans/agreements to assess needs and best options for Tribal plans and certification programs 8
EPA’s Plan for Indian Country • Tribal Areas Covered by Another EPA- Approved Certification Plan – Three Affiliated Tribes of the Fort Berthold Indian Reservation – Cheyenne River Sioux Tribe – Rosebud Sioux Tribe – Shoshone-Bannock Tribes of the Fort Hall Reservation – Navajo Nation (EPA Plan) – Santee Sioux Tribe of Nebraska – Prairie Band Potawatomi Nation – The White Earth Band of Chippewa Indians 9
EPA’s Plan for Indian Country • EPA does not intend to revise its current EPA plan for Indian country until required to do so to meet the implementation requirements • Regions will continue to implement the existing EPA plan for Indian country as it is currently being implemented, and Regions retain primary role in implementation • EPA will work with Tribes to communicate rule revisions and impacts and identify implementation options 10
Certification Rule Implementation • The rule gives certifying authorities 3 years to submit revised certification plans demonstrating their compliance with the new requirements • Existing plans remain in effect until EPA approves revised plan • Timeframe for implementation/compliance with revised certification plan will be decided on a case- by- case basis as part of EPA’s review and approval of each revised certification plan 11
For More Information EPA HQ C&T Program Contacts: • Kevin Keaney, ( keaney.kevin@epa.gov) • Richard Pont, ( pont.richard@epa.gov) • Nancy Fitz, ( fitz.nancy@epa.gov) • Jeanne Kasai, ( kasai.jeanne@epa.gov) • Jennifer Park, ( park.jennifer@epa.gov) 12
Questions? 13
C&T Rule Implementation Discussion • Discussion of Tribal needs and what information about rule changes and EPA’s Plan for Indian country would be most helpful for the Tribes – Webinar for Tribes on rule changes and impacts/options • Outreach and roles for Tribes and EPA given the new rule requirements 14
Additional Information and Resources 15
Certification Rule Overview • The federal Certification of Pesticide Applicators Rule has been in place since 1974 • Sets federal standards for States, Tribes and Federal agencies (certifying authorities) to administer programs to certify applicators • Establishes requirements for determining the competency of applicators of restricted use pesticides (RUPs) 16
Certification Rule Key Dates • Proposed on August 24, 2015 • Comment period ended January 22, 2016 – Over 700 individual comments received • Final rule signed on December 12, 2016 • Final rule published in Federal Register on January 4, 2017 • Original effective date was March 4, 2017 – Extended to March 21, 2017 for review of questions of fact, law and policy • States, Tribes & Federal agencies have 3 years to submit a revised plan 17
Key Revisions • Certified Applicators – New exam administration standards (& identification) – Competency gauge for private applicators – Application method-specific categories – Standards for applicator recertification • Noncertified Applicators under Direct Supervision – Competency of noncertified applicators – Supervision of noncertified applicators 18
Key Revisions • Minimum Age – Minimum age requirements for certified & noncertified applicators • New Requirements for State Plans • New Requirements for Federal Agency Plans • New Requirements for Certification of Applicators in Indian Country 19
Key Resources • §§ 171.307 & 171.311 • EPA’s Plan for Indian country • EPA’s Plan for Navajo Nation • FRNs for EPA’s Plans for Indian country and Navajo Nation • EPA’s Indian Policy • EPA’s pesticide applicator certification in Indian country website – https://www.epa.gov/pesticide-applicator- certification-indian-country 20
Key Revisions • For a summary of key revisions, see the detailed comparison chart* available at: www.epa.gov/pesticide-worker-safety/certification- pesticide-applicators-revised-rule-comparison. *Compares final rule, proposed rule and existing rule 21
Revised Part 171 Rule Structure Description Citation Subpart A: General Provisions 171.1-171.5 171.1 Scope. 171.3 Definitions. 171.5 Effective date 171.101 – 171.107 Subpart B: Certification Requirements for Applicators of Restricted Use Pesticides 171.101 Commercial applicator certification categories. 171.103 Standards for certification of commercial applicators. 171.105 Standards for certification of private applicators. 171.107 Standards for recertification of certified applicators. Subpart C - Supervision of Noncertified Applicators 171.201 171.201 Requirements for direct supervision of noncertified applicators by certified applicators. 22
Revised Part 171 Rule Structure Description Citation Subpart D- Certification Plans 171.301-171.311 171.301 General. 171.303 Requirements for State certification plans. 171.305 Requirements for Federal agency certification plans. 171.307 Certification of applicators in Indian country. 171.309 Modification and withdrawal of approval of certification plans. 171.311 EPA-administered applicator certification programs. 23
Certification Rule Implementation • Certification Plan Submission and Review Process – Certification plan guidance – CPARD for submission of revised plans and continued reporting – Nationally/regionally coordinated review process to ensure consistency and identify issues – Flexible implementation timeframes/options 24
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