EPA Region 7 Federal Certification Plan Fact Sheet & Flowchart EPA is developing a federal certification plan that

will allow the use of restricted use pesticides (RUPs) in Indian country where there are currently no legal mechanisms in place for such certification and use. EPA published the proposed plan in May 2011: http://www.regulations.gov/contentStreamer?objectId=0900006480d41543&disposition=attachment&co ntentType=html The plan is currently not final. Who is responsible for getting a federal certificate issued by EPA? Any applicator (tribal or not) who applies restricted use pesticides in Indian country will need a federal certificate from EPA, with three exceptions: 1) if the applicator is a federal employee certified under a Federal Agency Certification Plan (FACP) and the area where the application will occur is covered in their FACP; or 2) if the applicator is certified under the tribes own EPA-approved certification plan; or 3) if there is an EPA-approved written agreement between the state and the tribe to allow the applicator to apply RUPs using a state certification. The individual pesticide applicator has the responsibility to get a federal certificate. Please see the flowchart attached to this fact sheet for more guidance. Where does EPAs federal plan apply? EPAs Certification Plan applies only to RUP applications made in areas of Indian country where there is no other EPA-approved or EPA-implemented plan in place, regardless of who is doing the application. Indian country is defined in 18 U.S.C. 1151 and includes all land within Indian reservations, including reservation land owned in fee by non-tribal members.1 When does EPA Region 7 expect the Federal Certification Plan to be final? EPA Headquarters is putting the plan through its approval process, and currently no estimated time of finalization has been provided. As a result, EPA Region 7 is keeping a list of regional contacts to notify when the plan is finalized. If you would like your name to be included on the notification list, please email Doug Jones at jones.doug@epa.gov . How does an applicator get a federal certificate? Applicators must fill out an application form and provide proof of a valid, current state or other underlying certificate to EPA Region 7. The underlying certificate must be from a state or tribe that shares a contiguous boundary with the area of Indian country where the application will occur. Private applicators will also have an additional training option available to them that does not require an underlying certificate. The application form will be available online once the plan is final.

Indian country, as defined at 18 U.S.C. 1151, means: (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

For six months after the plan becomes final, applicators may apply RUPs under the plan in Indian country only for the categories for which they already have a valid state, tribal or federal certificate, and only if they have submitted a complete application to EPA Region 7 showing proof of a valid state, tribal or federal certification. Beginning six months after publication of the final plan, applicators covered under this plan that have not received a written federal certification from EPA Region 7 are prohibited from applying RUPs in Indian country in the Region. Are there additional training requirements for applicators beyond those required to obtain a state certificate? The plan has no additional training requirements beyond those required to obtain a valid, current state or other underlying certificate, a copy of which would be submitted to EPA Region 7 along with the application form in order to obtain a federal certificate. Private applicators that choose the training option would have to complete the training requirements that will be described on the application form. Applicators are responsible for determining if a tribe has additional requirements for RUP application. Are there any fees associated with this plan? There is no charge to obtain the federal certificate, although states may have a fee associated with obtaining a state certificate, and this fee will still apply. What if an applicator does not already have a state issued applicators license? Private pesticide applicators that do not have a valid, current state or other underlying certificate may instead get a federal certificate from EPA based on meeting certain training requirements. (This is often referred to as the "no-test option.") State, tribal, and federal governments may impose additional restrictions on the sale and application of RUPs. Private applicators considering this option should research these requirements to determine if this federal certification will serve their needs. Commercial pesticide applicators would need to obtain a state or other underlying certificate if they do not already have such a certificate in order to obtain a federal certificate from EPA. The difference between a private and a commercial applicator is defined here: http://www.epa.gov/oppfead1/safety/applicators/privcomm.htm. Would a local or state government employee be considered a private or commercial applicator? A local or state government employee applying restricted use pesticides would be considered a commercial applicator as defined by EPA: http://www.epa.gov/oppfead1/safety/applicators/privcomm.htm What if I have more questions related to the Federal Certification Plan in EPA Region 7? Please contact Doug Jones (jones.doug@epa.gov , 913-551-7592) or Dick Wiechman, (wiechman.dick@epa.gov , 402-437-5080) if you have further questions or would like to be added to the EPA Region 7 Federal Certification Plan email notification list.

Federal Certification Plan Applicator Flowchart (Once the Plan is Final) Are you going to be applying Restricted Use Pesticides in Indian country? You will not need a certification under this EPA plan.

No

Yes

Will you be applying under a tribes own EPA-approved certification plan, such as a written agreement between the state and tribe, or another EPA-implemented plan?

Yes

You will not need a federal certification from EPA if you are applying under another EPA-approved or EPAimplemented plan.

No

Are you a federal employee certified under a Federal Agency Certification Plan (FACP)?

Yes

You will not need a certification under this EPA plan unless the area you are applying is in Indian country and is not covered in your FACP.

No

Are you a commercial applicator or a private applicator?

Private

You have two options. You can apply for a federal certificate based on proof of a valid, current state or other underlying certificate, or you can apply for a federal certificate based on having attended approved training to be specified by EPA.

C o m m

You will need to apply for a federal certification based on proof of a valid, current state or other underlying certificate.