[Federal Register Volume 59, Number 77 (Thursday, April 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9664]


[[Page Unknown]]

[Federal Register: April 21, 1994]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[OPP-42074; FRL-4772-6]

 

State of Nebraska Plan for Certification of Pesticide Applicators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to approve, on a contingent basis, a 
certification plan.

-----------------------------------------------------------------------

SUMMARY: In accordance with the provisions of section 4(a)(2) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended, and 40 CFR part 171, the Governor of the State of Nebraska, E. 
Benjamin Nelson, has submitted a Plan for Certification of Pesticide 
Applicators in the State of Nebraska to the EPA for approval. EPA has 
been certifying applicators of restricted use pesticides in the State 
of Nebraska since 1977. The Plan submitted by the State of Nebraska 
provides details for the certification of commercial and private 
pesticide applicators and subsequent enforcement of pesticide laws and 
regulations pursuant to the Nebraska Pesticide Act. Notice is hereby 
given of the intention of the Regional Administrator, EPA, Region VII, 
to approve this Plan on a contingency basis as provided at 40 CFR 
171.7.

Dates: Written comments should be submitted on or before May 23, 1994.

ADDRESSES: Send written comments, identified by the docket control 
number OPP-42074, to: Richard O. Jacobson, Lincoln Field Office, 
Environmental Protection Agency, 100 Centennial Mall North, Room 289, 
Lincoln, NE 68508.
    The comments received pursuant to this notice will be available at 
the aforementioned location from 7:30 a.m. to 3:30 p.m., Monday through 
Friday. Copies of the State of Nebraska Plan for Certification of 
Pesticide Applicators and attached appendices are available for review 
at the following locations during normal business hours:
    1. Environmental Protection Agency, Lincoln Field Office, 100 
Centennial Mall North, Rm. 289, Lincoln, NE 68508. Contact: Richard O. 
Jacobson (402) 437-5080.
    2. Nebraska Department of Agriculture, Bureau of Plant Industry, 
301 Centennial Mall South, Lincoln, NE 68509. Contact: Geir Friisoe 
(402) 471-2394.
    3. Environmental Protection Agency, Field Operation Division 
(7506C), Office of Pesticide Programs, Rm. 1128, CM #2, 1921 Jefferson 
Davis Highway, Arlington, VA 22202. Public Docket: (703) 305-5805, 
Contact: Jeanne Heying (703) 305-7371.

FOR FURTHER INFORMATION CONTACT: Richard O. Jacobson, Lincoln Field 
Office, Environmental Protection Agency, 100 Centennial Mall North, Rm. 
289, Lincoln, NE 68508, Telephone: (402) 437-5080.
SUPPLEMENTARY INFORMATION: The Nebraska Department of Agriculture has 
been designated as the State Lead Agency for the administration of the 
pesticide applicator certification program.
    The responsibility for the program's implementation has been vested 
in the Department's Bureau of Plant Industry. Cooperating State 
agencies include the Institute of Agriculture and Natural Resources 
(IANR, Cooperative Extension Division), Nebraska Association of 
Resources Districts, Nebraska Department of Aeronautics, Nebraska 
Department of Environmental Quality, Nebraska Department of Health, 
Nebraska Department of Water Resources, Nebraska Game and Parks 
Commission, and Nebraska Natural Resources Commission. The Plan 
proposes that agreements or memoranda of understandings be developed 
with the cooperating State agencies, as appropriate, to ensure 
consistency of programs throughout the State. The Plan provides 
provisions for developing a Memorandum of Agreement and Cooperation 
with any Indian Tribe requesting such a Memorandum.
    The IANR, Cooperative Extension Division, will: (1) Conduct 
certification and recertification training sessions, (2) make IPM 
instructional materials available, (3) advise and assist the Department 
by identifying, adopting, developing, producing and disseminating 
educational and training materials necessary for the certification 
program, (4) assist the Department in preparing certification 
examinations, and (5) furnish evidence to the Department that 
applicators have satisfactorily completed the requisite certification 
criteria.
    The legal authority for the certification program is provided in 
The Pesticide Act, Neb. Rev. Stat. sections 2-2622 to 2-2655. 
Regulations to implement certain provisions of the Act have yet to be 
adopted. A copy of the Nebraska Pesticide Act and a schedule for the 
adoption of supporting regulations are attached to the Plan. Because 
this is proposed as a contingent approval, pending the State's adoption 
of supporting regulations, certain Federal regulations remain in 
effect. As examples, until such time as Nebraska adopts regulations 
concerning recordkeeping requirements for commercial pesticide 
applicators and recordkeeping requirements for restricted use pesticide 
dealers, regulations at 40 CFR 171.11(c)(7) and 40 CFR 171.11(g) will 
be enforced. The State of Nebraska Attorney General has provided an 
opinion that the Department has the legal authority to carry out the 
Plan.
    The Department will recognize private and commercial certifications 
issued through the EPA administered Nebraska certification program 
until the expiration date indicated on the individual applicator's 
certification. Applicators with EPA issued Nebraska certifications will 
be allowed to recertify through the Nebraska certification program. The 
Department estimates that 8,159 commercial applicators and 38,352 
private applicators will apply for certification. Certified applicators 
will be issued licenses which indicate the category(s) in which they 
are certified. The Plan indicates that the State will issue licenses 
for commercial, noncommercial, and private applicators. A noncommercial 
applicator shall mean a certified applicator who applies restricted use 
pesticides only on lands owned or controlled by his or her employer or 
for a governmental agency or subdivision of the State. A noncommercial 
applicator will be required to be certified and recertified by the same 
process as a commercial applicator. Noncommercial applicators will be 
exempt from a licensing fee. Private applicators will not be charged a 
licensing fee. Commercial, noncommercial, and private applicator 
licenses will expire 3 years from the date of issue and the applicator 
must recertify to renew the appropriate license.
    The commercial applicator categories and subcategories are as 
follows:
    (01) Agricultural pest control - plant,
    (01A) Fumigation of soil,
    (02) Agricultural pest control - animal,
    (03) Forest pest control,
    (04) Ornamental and turf pest control,
    (05) Aquatic pest control,
    (06) Seed treatment,
    (07) Right-of-way pest control,
    (08) Structural/health-related pest control,
    (09) Public health pest control,
    (10) Wood preservation and treatment,
    (11) Fumigation (other than soil),
    (12) Aerial pest control, and
    (13) Regulatory/demonstration and research.
    Applicators certified in (01A) Fumigation of soil will be required 
to be certified in (01) Agricultural pest control plant. Applicators 
certified in (12) Aerial pest control will be required to be certified 
in one or more additional categories relevant to the type of 
application being accomplished. Individuals who apply lawn care 
pesticides, either restricted use or general use, to the land of 
another for hire or compensation shall be certified in category (04) 
Ornamental and turf pest control. Individuals who apply structural pest 
control pesticides, either restricted use or general use, to the land 
of another for hire or compensation must be certified in category (08) 
Structural and health-related pest control.
    The standards of competency for commercial applicators in Nebraska 
include those listed at 40 CFR 171.4 where the Nebraska categories 
correspond to EPA's. Where Nebraska has established categories beyond 
those at 40 CFR 171.4, Nebraska has defined corresponding standards of 
competency. All commercial and noncommercial applicators will be 
required to pass written examinations to become initially certified. 
The examinations will cover the general standards and the specific 
standards for the category(s) or subcategory in which the applicator 
aspires to be certified. All commercial and noncommercial applicators 
shall recertify by either passing the written examinations or by 
participating in a training course approved by the Department.
    The standards of competency for private applicators in Nebraska 
include those listed at 40 CFR 171.5. Those private applicators using a 
restricted use pesticide through an irrigation system must also be 
licensed according to the Nebraska Chemigation Act, Neb. Rev. Stat. 
sections 46-1101 through 46-1148. Private applicators applying 
restricted use pesticides by fixed or rotary wing aircraft shall be 
required to meet the same general and specific standards of competency 
as those set forth for commercial applicators. Nebraska has established 
that, included in the certification standards as established by the 
State, private applicators will be provided training concerning the 
proper and safe use of fumigants. Private applicators will be certified 
by one of three options: (1) Attending and actively participating in a 
training program approved by the Department, or (2) satisfactorily 
completing a comprehensive examination provided by the Department, or 
(3) satisfactorily completing a home study manual approved by the 
Department.
    The direct supervision of a noncertified applicator by a certified 
applicator, if not prohibited by the label, requires adherence to the 
standards at 40 CFR 171.6. The noncertified applicator may work under 
the direct supervision of a certified applicator for a period not to 
exceed 60 days. After the 60-day period, in order to accomplish an 
application of a pesticide which requires certification, the 
noncertified applicator is required to become certified. Notification 
of direct supervision is required and a noncertified applicator cannot 
avoid the certification requirement by changing employers or by elapsed 
time intervals.
    The Plan provides for the recognition of licenses or certificates 
issued by any other valid Federal, State or tribal entity. The 
Department will evaluate the issuing agency's standards of competency 
for each category or subcategory and either accept the license or 
certificate and waive further demonstration of competency if the 
category or subcategory standards are sufficiently comparable, or deny 
the license or certificate if the standards are not sufficiently 
comparable.
    In addition to The Nebraska Pesticide Act which provides for 
enforcement authority for the State to implement a certification and 
training program, EPA believes that appropriate regulations need to be 
promulgated by Nebraska as outlined in an attachment to the Plan so the 
State may fully implement the Plan. Additionally, EPA maintains that 
the development of agreements by the State Lead Agency with the 
Cooperating State Agencies also involved in the certification process, 
is necessary in order to provide for relevant pesticide applicator 
training. Thirdly, through internal EPA review, it was determined that 
the Plan lacked language found at 40 CFR 171.4(c)(7) for the specific 
standards of competency for Nebraska's proposed category 08 Structural/
health-related pest control.
    Satisfaction of the above contingency specifications shall be 
accomplished by the State prior to January 1, 1995. Upon contingency 
approval, the State Lead Agency (the Nebraska Department of 
Agriculture) will initiate the certification of pesticide applicators 
as described in the Plan. EPA solicits comments on this proposal to 
give contingent approval to the Nebraska Plan. EPA will evaluate the 
comments and publish its final decision whether to give contingent 
approval.

    Dated: April 12, 1994.
Dennis Grams,
Regional Administrator, Region VII.
[FR Doc. 94-9664 Filed 4-20-94; 8:45 am]
BILLING CODE 6560-50-F