Coming Soon: The EPA Federal Certification Plan – a Mechanism to Certify Applicators of Restricted Use Pesticides within Indian Country
For Release: July 23, 2013
Later this year, the EPA will release the EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides (RUPs) within Indian Country. The EPA is taking this step to make RUPs available for use in Indian country where no current certification mechanisms exist. This action will give pesticide applicators who apply or seek to apply in Indian country access to the same pest control tools available elsewhere in the United States and ensure that these applicators have met competency standards.
RUPs are restricted to use by pesticide applicators who are specially trained and certified, or to people under the supervision of a certified applicator. Under the Federal Insecticide, Fungicide, and Rodenticide Act, states or tribes that choose to certify pesticide applicators can submit a state or tribal plan to the EPA. Because most of Indian country is not covered by a plan, the EPA developed a new federal plan in consultation with the tribes. The new EPA Plan will serve those areas of Indian country where the tribe has not taken action to establish its own plan.
For instance, currently there are areas of Indian country surrounded by state lands. Growers in Indian country may have the same pesticide needs as growers on surrounding state lands, but they do not have a mechanism to legally apply RUPs unless the tribe already has a plan.
Applicators intending to operate within Indian country and dealers located within Indian country can take several steps to prepare for the release of the EPA Plan. The EPA will not charge to obtain the federal certificate; however, states and tribes may have a fee associated with obtaining or updating their certificates.
For more information, see http://epa.gov/oppfead1/tribes/2013/cert-plan.html.
The EPA Plan will be effective immediately when it is released, so applicators and dealers need to be ready.
How Applicators Can Prepare for the EPA Plan
- If you are an applicator that would like to use RUPs in Indian country, make sure your state certification is up to date. When the EPA Plan goes into effect, you will need to show documentation of a valid applicator certification from a state contiguous to the area of Indian country where you intend to apply RUPs. You will need to submit a copy of your certification with an application form to the EPA Regional office.
- If you would like to be a private applicator in Indian country, you have another option for obtaining certification that does not require you to have an existing state or tribal certification. Check the EPA’s website to find out more.
- Check with the tribe where you intend to apply RUPs to determine if there are any additional requirements or restrictions relating to the use of RUPs on their lands.
- Check the EPA’s website regularly to find out when the EPA Plan goes into effect. You will also be able to download the required form from the website once the program is in effect.
What Pesticide Dealers in Indian Country Will Need to Do
- When the EPA Plan goes into effect, send your business name and address for each dealership to your EPA Regional office.
- You will also have to maintain records of RUP sales.
Look for additional announcements later this year regarding details on the EPA Plan. Check EPA’s website for more information about the EPA Plan and to find out when these requirements go into effect.