[Federal Register Volume 59, Number 138 (Wednesday, July 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17563]


[[Page Unknown]]

[Federal Register: July 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-42074A; FRL-4874-8]

 

State of Nebraska Plan for Certification of Pesticide Applicators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval, on a contingent basis, a certification 
plan.

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SUMMARY: In the Federal Register of April 21, 1994, notice was 
published of the intent of the Regional Administrator, EPA Region VII, 
to approve, on a contingency basis, the State of Nebraska's ``A Plan 
for the Certification of Pesticide Applicators.'' Copies of the plan 
were made available to the public. Comments were received on the State 
of Nebraska plan during the allowed comment period. This notice 
announces the contingent approval of the Plan. A notice will be 
published at a later date announcing the full approval of the plan.

DATES: Contingent approval is effective July 20, 1994, and will expire 
on January 1, 1995, if the outlined terms and conditions are not 
satisfied.
FOR FURTHER INFORMATION CONTACT: Richard O. Jacobson, Lincoln Field 
Office, Environmental Protection Agency, 100 Centennial Mall North, Rm. 
289, Lincoln, NE 65808, Telephone: 402-437-5080.

SUPPLEMENTARY INFORMATION: 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 the State of Nebraska's ``A 
Plan for Certification of Pesticide Applicators'' to EPA for approval.
    In the Federal Register of April 21, 1994 (59 FR 19010), notice was 
published of the intent of the Regional Administrator, EPA Region VII, 
to approve, on a contingency basis, the State of Nebraska's ``A Plan 
for the Certification of Pesticide Applicators.''
    Approval was requested by the State of Nebraska. Contingent 
approval is being established by EPA pending the promulgation of 
appropriate regulations, the development of agreements by the State 
Lead Agency with the Cooperating State Agencies which are involved in 
the certification process, and the development of certain specific 
standards of competency for commercial applicators required at 40 CFR 
171.4(c)(7).
    Copies of the State of Nebraska Plan were made available for public 
inspection at the Nebraska Department of Agriculture office in Lincoln, 
Nebraska, the USEPA Region VII Lincoln, Nebraska field office, and the 
Office of Pesticide Programs, EPA Headquarters, Arlington, Virginia.
    Comments were received from the University of Nebraska-Lincoln 
Cooperative Extension concerning the State of Nebraska Plan during the 
allowed comment period. The commenter expressed three concerns. Each of 
those has been discussed between the cooperating parties and the 
responses indicated here are consistent with those discussed.
    The commenter's first concern is that the two new categories (01A--
Fumigation of Soil and 12--Aerial Pest Control) will require the 
development of new training materials for the Nebraska certification 
and training program. As part of the contingency approval, a Memorandum 
of Understanding (MOU) is being established with the Nebraska 
Department of Aeronautics to train applicators in aerial pest control 
which will alleviate the need for additional resources. States have 
been identified that have developed training materials for applicators 
who fumigate soil. The training materials developed by those States 
will be used with little or no modification. The resources required for 
this minimal modification will be addressed in the MOU between the 
University of Nebraska Cooperative Extension and the Nebraska 
Department of Agriculture.
    The commenter also was concerned that reconstructed categories will 
require resources to accomplish substantial revisions to the training 
program. This concern will be addressed in the MOU that is being 
developed between the University of Nebraska Cooperative Extension and 
the Nebraska Department of Agriculture.
    Lastly, the commenter was concerned that the restriction allowing a 
noncertified applicator to work under the direct supervision of a 
certified applicator for only 60 days before needing to become 
certified would require additional resources for training to be 
provided on an ongoing basis. The commenter suggested that self-study 
be available prior to the certification examination during periods when 
formal training is not accessible. This suggestion is a present option 
that will continue to be available to applicators and will not require 
additional resources.
    Therefore, it has been determined that the State of Nebraska Plan 
will satisfy the requirements of FIFRA and of 40 CFR part 171, if the 
proposed State of Nebraska pesticide regulations are promulgated, and 
agreements by the State Lead Agency with the Cooperating State 
Agencies, and certain specific standards of competency for commercial 
applicators required at 40 CFR 171.4 are developed.
    This contingent approval shall expire January 1, 1995, if these 
terms and conditions are not satisfied by that time. If the terms and 
conditions are satisfied, EPA will publish a notice in the Federal 
Register announcing full approval of the plan.
    Pursuant to section 4(d) of the Administrative Procedure Act, 5 
U.S.C. 553(d), the Agency finds that there is good cause for providing 
that the contingent approval granted herein to the State of Nebraska 
Plan shall be effective immediately. Neither the State of Nebraska Plan 
nor this Agency's contingent approval of the Plan create any new 
obligations on pesticide applicators or other persons in the State of 
Nebraska. Delays in starting the work necessary to implement the Plan, 
such as may be occasioned by providing some later effective date for 
this contingent approval, are inconsistent with the public interest. 
Accordingly, this contingent approval is effective July 20, 1994.

    Dated: July 7, 1994.
Dennis Grams,
Regional Administrator, Region VII.
[FR Doc. 94-17563 Filed 7-19-94; 8:45 am]
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