[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68604-68606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21997]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0509 and EPA-HQ-OPP-2011-0037; FRL-7661-04-OCSPP]


Notice of Approval Status; EPA Plan for the Federal Certification 
of Applicators Within Indian Country

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing its 
approval of the revised EPA Plan for the Federal Certification of 
Applicators of Restricted Use Pesticides within Indian Country (2023 
EPA Plan). The 2023 EPA Plan is specific to the use of restricted use 
pesticides (RUPs) in Indian country. Because of limitations in 
Certification of Pesticide Applicators Rule (CPA Rule), RUPs may not be 
used legally in Indian country unless the Tribe has an EPA-approved 
certification plan, the Tribe has entered into an agreement with EPA, 
or EPA has issued a Federal certification plan for Indian country. The 
2023 EPA Plan supersedes the 2014 EPA Plan and ensures applicators in 
Indian country have the competence needed to use RUPs. The amended plan 
is consistent with the existing regulatory requirements, including 
revisions made in 2017 to enhance and improve the competency of 
certified applicators of RUPs and persons working under their

[[Page 68605]]

direct supervision. The 2017 regulatory revisions are intended to 
further reduce potential exposure of RUPs to certified applicators and 
those working under their direct supervision, other workers, the 
public, and the environment. Federal, State, Territory, and Tribal 
certifying authorities with existing certification plans were required 
to revise their existing plans to conform with the updated Federal 
standards for RUP applicator certification and receive EPA approval by 
the established regulatory deadline.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: The designated EPA points of 
contact for the 2023 EPA Plan as listed in Table 1 of Unit I.B.
    For general information contact: Carolyn Schroeder, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-2376; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by or interested in this action if 
you are a Federal, State, Territory, or Tribal agency who administers a 
certification program for pesticides applicators. You may also be 
potentially affected by or interested in this action if you are: A 
registrant of RUP products; a person who applies RUPs, including those 
under the direct supervision of a certified applicator; a person who 
relies upon the availability of RUPs; someone who hires a certified 
applicator to apply an RUP; a pesticide safety educator; or other 
person who provides pesticide safety training for pesticide applicator 
certification or recertification. The following list of North American 
Industrial Classification System (NAICS) codes is not intended to be 
exhaustive, but rather provides a guide to help readers determine 
whether this document applies to them. Potentially affected entities 
may include:
     Agricultural Establishments (Crop Production) (NAICS code 
111).
     Nursery and Tree Production (NAICS code 111421).
     Agricultural Pest Control and Pesticide Handling on Farms 
(NAICS code 115112).
     Crop Advisors (NAICS codes 115112, 541690, 541712).
     Agricultural (Animal) Pest Control (Livestock Spraying) 
(NAICS code 115210).
     Forestry Pest Control (NAICS code 115310).
     Wood Preservation Pest Control (NAICS code 321114).
     Pesticide Registrants (NAICS code 325320).
     Pesticide Dealers (NAICS codes 424690, 424910, 444220).
     Industrial, Institutional, Structural & Health Related 
Pest Control (NAICS code 561710).
     Ornamental & Turf, Rights-of-Way Pest Control (NAICS code 
561730).
     Environmental Protection Program Administrators (NAICS 
code 924110).
     Governmental Pest Control Programs (NAICS code 926140).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    This notice of approval, as well as a copy of the final 2023 EPA 
Plan, is available in the dockets for this action at https://www.regulations.gov, identified by docket identification (ID) number 
EPA-HQ-OPP-2022-0509 and EPA-HQ-OPP-2011-0037. Additional instructions 
on visiting the docket, along with more information about dockets 
generally, is available at https://www.epa.gov/dockets.
    Additional information on the EPA Plan for Indian country is 
available on EPA's website at https://www.epa.gov/pesticide-applicator-certification-indian-country. EPA also provides frequent status updates 
regarding the reviews and approvals of State and Territory 
certification plans on its website at https://www.epa.gov/pesticide-worker-safety/certification-standards-pesticide-applicators.
    For additional assistance in locating documents related to the 
approved plan identified in this notice, please consult the designated 
EPA point of contact for the Certification Plan of interest as listed 
in Table 1 of this unit, or the general contact person listed under FOR 
FURTHER INFORMATION CONTACT.

                                               Table 1--Designated EPA Point of Contacts for the EPA Plan
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              EPA office                   Certification plan       EPA point of contact        POC phone                        Email
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Office of Pesticide Programs..........  EPA Plan for the Federal  Thomas Lopiano..........    (202) 566-2390  [email protected].
                                         Certification of         Jennifer Park...........    (202) 566-2448  [email protected].
                                         Applicators within
                                         Indian Country.
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II. What is the Agency's authority for taking this action?

    Section 11 of the Federal Insecticide, Fungicide, Rodenticide Act 
(FIFRA), 7. U.S.C. 136 et seq., requires certifying authorities to have 
an EPA-approved certification plan to certify applicators of RUPs. The 
CPA regulation at 40 CFR part 171 was amended in 2017 (Ref. 1). As a 
result, Federal, State, Territory, and Tribal certifying authorities 
with existing certification plans were required to revise their 
existing certification plans to conform with the updated Federal 
standards for the certification of applicators of RUPs and submit their 
revisions to EPA by March 2020 for EPA review and approval. The CPA 
regulation specifies that the existing certification plans remain in 
place until the revised plans are approved by EPA on or before the 
regulatory deadline established in 40 CFR 171.5. The Agency has since 
issued a final rule extending the original deadline for certification 
plans to comply with the updated Federal standards under the 2017 CPA 
rule to November 4, 2023 (Ref. 2).
    FIFRA section 11(a)(1) also requires that in any Tribe for which a 
Tribal plan for applicator certification has not been approved by the 
EPA Administrator, the Administrator, in consultation with the 
Chairperson of such Tribe, shall conduct a program for the 
certification of applicators of pesticides. The CPA regulation at 40 
CFR part 171.307(c) requires the Agency, in consultation with Tribes, 
to implement an EPA-administered certification plan to certify private 
and commercial applicators in areas of Indian country where no other 
EPA-approved certification plan or an EPA-Tribal agreement is in place 
and where the relevant Tribe has not chosen to opt out of the EPA-
administered plan.

III. What action is the Agency taking?

    This action gives notice that the 2023 EPA Plan (Ref. 3) meets the 
standards of 40 CFR part 171 and is now an approved plan. EPA may 
certify RUP applicators and continue with

[[Page 68606]]

implementation of the revised certification plan as outlined in the 
2023 EPA Plan's implementation section. EPA will implement this Federal 
program to certify applicators of RUPs in areas of Indian country where 
no other EPA-approved or EPA-implemented plan applies. This plan will 
not be applicable in areas where a Tribe has opted out of the 2023 EPA 
Plan consistent with 40 CFR 171.307(c)(2). The 2023 EPA Plan, which 
supersedes the 2014 EPA Plan, describes the updated process by which 
EPA will implement a program for the certification of applicators of 
RUPs in Indian country based upon the certification requirements 
enumerated at 40 CFR part 171. The final 2023 EPA Plan, in its 
entirety, is included in the docket.

IV. Summary of the Final 2023 EPA Plan

    On March 2, 2020, EPA published a Federal Register notice seeking 
comment on proposed revisions to the EPA-administered Federal pesticide 
applicator certification plan to certify applicators of RUPs in areas 
of Indian country that are not covered by any other EPA-approved 
certification plan (Ref. 4). The proposed revisions sought to bring the 
EPA Plan for Indian country into compliance with the updated CPA 
regulation at 40 CFR part 171 that was amended in 2017 (Ref. 1). Unit 
VI of the 2020 notice provides additional background and context for 
the development of the revised EPA Plan, while Unit VII of that notice 
provides an overview of the proposed changes to the EPA Plan. EPA did 
not receive any comments during the comment period for the 2020 notice.
    In developing what is now the final 2023 EPA Plan, EPA also 
consulted with affected Tribes as required under 40 CFR 171.307(c) and 
171.311(d)(1). The Tribal consultation period started on February 10, 
2020, and was scheduled to end on May 1, 2020. However, due to the 
impact of the COVID-19 public health emergency, EPA extended the Tribal 
consultation period to August 3, 2020. During the Tribal consultation 
period, EPA consulted with federally recognized Tribes on February 26, 
April 6, and July 15, 2020, to help ensure the proposed revisions to 
the 2014 EPA Plan effectively met their needs and those of RUP 
applicators in Indian country. More information about the Tribal 
consultation can be found on the Tribal Consultation Opportunities 
Tracking System (Ref. 5).
    EPA has finalized many of its proposals as described in the 2020 
notice. However, EPA has revised some of its proposals in response to 
the feedback received during the Tribal consultation period. In other 
areas, EPA has refined and provided additional detail to increase 
clarity and transparency in the plan and the process. These revisions 
include:
     Clarifying definitions of private and commercial 
applicators;
     Providing an additional acceptable identification specific 
to Tribes;
     Adding descriptions of Tribes that have their own 
certification plans under 40 CFR 171.307(a) or (b);
     Listing out Federal minimum standards for recordkeeping 
requirements for commercial applicators, certified applicator 
responsibilities for direct supervision of noncertified applicators, 
and noncertified applicator qualifications; and
     Outlining the implementation of the revised EPA Plan.
    Due to limitation in the CPA regulation, RUPs may not be used 
legally in Indian country unless the Tribe has an EPA-approved 
certification plan, the Tribe has entered into an agreement with EPA, 
or EPA has issued a Federal certification plan for Indian country. The 
EPA Plan provides that third option for Tribes to allow for applicator 
certification within Indian country; however, Tribes may also opt out 
of the EPA Plan and RUP use will generally be prohibited in their areas 
of Indian country. Tribes may also have their own additional Tribal 
laws and codes in addition to the EPA Plan and applicators who wish to 
apply in Indian country should contact the relevant Tribe to ensure the 
application is compliant with both.

V. References

    The following is a list of documents that are related to the 
issuance of this Notice. For assistance in locating these other 
documents, please see Table 1 in Unit I.B.

1. EPA. Pesticides; Certification of Pesticide Applicators; Final 
Rule. Federal Register. 82 FR 952, January 4, 2017 (FRL-9956-70).
2. EPA. Pesticides; Certification of Pesticide Applicators; Further 
Extension to Expiration Date of Certification Plans; Final Rule. 
Federal Register. 87 FR 50953, August 19, 2022 (FRL-9134.1-04-
OCSPP).
3. EPA. EPA Plan for the Federal Certification of Applicators of 
Restricted Use Pesticides within Indian Country. September 26, 2023. 
Docket ID No. EPA-HQ-OPP-2022-0509 and Docket ID No. EPA-HQ-OPP-
2011-0037.
4. EPA. EPA Plan for the Federal Certification of Applicators of 
Restricted Use Pesticides Within Indian Country; Proposed Revisions; 
Notice of Availability and Request for Comment. Federal Register. 85 
FR 12244, March 2, 2020 (FRL-10005-59).
5. EPA. Tribal Consultation Opportunities Tracking System. Available 
at https://tcots.epa.gov/ords/tcotspub/f?p=106:5::988::RR,2::. 
Accessed September 20, 2023.
    Authority: 7 U.S.C. 136-136y.

    Dated: September 27, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2023-21997 Filed 10-3-23; 8:45 am]
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