EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country
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 FIFRA, 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.
- Why is the EPA Plan necessary?
- Does the EPA Plan apply to me?
- What can applicators do to prepare?
- What will pesticide dealers in Indian Country need to do?
- Existing Certification Plans in Indian Country
RUPs require special care to avoid harming human health or the environment, so they can only be sold to or used by certified applicators. RUPs can only be used in Indian country if the EPA has explicitly approved or implemented a certification plan for that area. Certification mechanisms are not in place for most of Indian country. The EPA has not approved state certification plans for applicators in Indian country.
This EPA Plan helps fill this gap in the certification of RUP applicators, assuring that those applying in Indian country have met competency standards.
- This EPA Plan will cover private and commercial applicators who intend to apply RUPs in Indian country where no other certification mechanisms exist.
- RUP dealers located in Indian country will also need to meet certain requirements.
If you are an applicator that would like to use RUPs in Indian country, take the following steps to prepare for implementation of the EPA plan:
- 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 wish to apply RUPs.
- A federal certificate issued under the EPA Plan will only be valid in Indian country contiguous to the state that issued the certificate.
- You will need to submit a copy of your certification with an application form to the EPA Regional office. The form will be available on this web site later this year.
- The EPA will not charge for the federal certification. States and tribes may have a fee associated with obtaining or updating their certifications.
- If you would like to be a private applicator in Indian country, you have two options for obtaining federal certification. You may get a state certification to submit as documentation, or you may meet training requirements that will be outlined in the upcoming plan, before submitting the application form.
- State governments may impose additional restrictions on the sale and application of RUPs from dealers located on state lands, such as requiring an applicator to have a state certificate to purchase RUPs.
- More information about the training requirements will be posted later this summer.
- Check with the tribe where you intend to apply RUPs. Determine if there are any additional requirements or restrictions relating to the use of pesticides on their lands.
- Check this website frequently to find out when the EPA Plan goes into effect. When it does, the required application form will be available for download on this webpage.
- When the 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. Keep checking this website to find out when these requirements go into effect.
Several tribes are covered by other certification plans. This EPA Plan will not apply in those areas. These tribes are:
- The Three Affiliated Tribes of the Fort Berthold Indian Reservation
- The Cheyenne River Sioux Tribe
- The Rosebud Sioux Tribe
- The Shoshone-Bannock Tribes of the Fort Hall Reservation
- Navajo Nation
- The Santee Sioux Tribe of Nebraska
- The Prairie Band Potawatomi Nation
The EPA Plan will cover all other areas of Indian country.Contact your EPA Regional office.