§136i Use of Restricted Use Pesticides; Applicators

Summary

If a State does not have an approved plan, the federal Administrator must run a program to certify people who apply pesticides in that State. The program must follow the same basic rules as State plans and may not force private applicators to pass an exam. Before starting, the Administrator must publish a summary in the Federal Register and make the plan available in the State. If the Governor asks within 30 days of that publication, the Administrator must hold public hearings, and those hearings must occur within 30 days of the request. The Administrator can require businesses that sell, apply, or distribute pesticides classified for restricted use to keep records and send reports if regulations require it. The Administrator will set certification standards so people must be shown competent to handle the pesticides they will use. For private applicators, signing a certification form can meet the standard. That form must collect enough information and may say the applicator completed an approved training program, but the Administrator cannot require a private applicator to take an exam. The Administrator may also require pesticide dealers to be licensed under an approved State licensing program. If a State wants to run its own certification program, the Governor must send a plan to the Administrator. The plan must name a State agency to run it, show the agency has or will have legal authority, staff, and enough funds, agree to report to the Administrator as needed, and use certification standards that match the Administrator’s rules. If the Administrator rejects a plan, the State gets notice and a chance for a hearing. If the Administrator approves a plan, the State certifies applicators. If the Administrator finds the State is not following its approved plan, the State will be notified and can request a hearing, and must fix problems within a reasonable time but no longer than 90 days or the approval can be withdrawn. Plans and standards must make instructional materials about integrated pest management available to anyone who asks and must notify people those materials exist, but no one can be required to take that instruction or be tested on those techniques. Federal rules may not force private applicators to keep records or file reports. Certification rules must be separate for commercial and private applicators.