field application scenarios.
    (D) Recordkeeping requirements.
    (E) Special label provisions of fumigant products containing
certain active ingredients.
    (ii) Safety. Measures to minimize adverse health effects, including
all of the following:
    (A) Understanding how certified applicators, noncertified
applicators using fumigants under direct supervision of certified
applicators, field workers, and bystanders can become exposed to
fumigants.
    (B) Common problems and mistakes that can result in direct exposure
to fumigants.
    (C) Signs and symptoms of human exposure to fumigants.
    (D) Air concentrations of a fumigant require that applicators wear
respirators or exit the work area entirely.
    (E) Steps to take if a fumigant applicator experiences sensory
irritation.

    (F) Understanding air monitoring, when it is required, and where to
take samples.
    (G) Buffer zones, including procedures for buffer zone monitoring.
    (H) First aid measures to take in the event of exposure to a soil
fumigant.
    (I) Labeling requirements for transportation, storage, spill clean-
up, and emergency response for soil fumigants, including safe disposal
of containers and contaminated soil, and management of empty
containers.
    (iii) Soil fumigant chemical characteristics. Characteristics of
soil fumigants, including all of the following:
    (A) Chemical characteristics of soil fumigants.
    (B) Specific human exposure concerns for soil fumigants.
    (C) How soil fumigants change from a liquid or solid to a gas.
    (D) How soil fumigants disperse in the application zone.
    (E) Incompatibility concerns for tanks, hoses, tubing, and other
equipment.
    (iv) Application. Selecting appropriate application methods and
timing, including all of the following:
    (A) Application methods and equipment commonly used for each soil
fumigant.
    (B) Water-run and non-water-run application methods.
    (C) Site characteristics that can be used to prevent fumigant
exposure.
    (D) Understanding temperature inversions and their impact on soil
fumigation application.
    (E) Weather conditions that could impact timing of soil fumigation
application, such as air stability, air temperature, humidity, and wind
currents, and labeling statements limiting applications during specific
weather conditions.
    (F) Conducting pre-application inspection of application equipment.
    (G) Understanding the purpose and methods of soil sealing,
including the factors that determine which soil sealing method to use.
    (H) Understanding the use of tarps, including the range of tarps
available, how to seal tarps, and labeling requirements for tarp
removal and perforation.
    (I) Calculating the amount of product required for a specific
treatment area.
    (J) Understanding the basic techniques for calibrating soil
fumigation application equipment.
    (v) Soil and pest factors. Soil and pest factors that influence
fumigant activity, including all of the following:
    (A) Influence of soil factors on fumigant volatility and movement
within the soil profile.
    (B) Factors that influence gaseous movement through the soil
profile and into the air.
    (C) Soil characteristics, including how soil characteristics affect
the success of a soil fumigation application, assessing soil moisture,
and correcting for soil characteristics that could hinder a successful
soil fumigation application.
    (D) Identifying pests causing the damage to be treated by the soil
fumigation.
    (E) Understanding the relationship between pest density and
application rate.
    (F) The importance of proper application depth and timing.
    (vi) Personal protective equipment. Understanding what personal
protective equipment is necessary and how to use it properly, including
all of the following:
    (A) Following labeling directions for required personal protective
equipment.
    (B) Selecting, inspecting, using, caring for, replacing, and
disposing of personal protective equipment.
    (C) Understanding the types of respirators required when using
specific soil fumigants and how to use them properly, including medical
evaluation, fit testing, and required replacement of cartridges and
cannisters.
    (D) Labeling requirements and other laws applicable to medical
evaluation for respirator use, fit tests, training, and recordkeeping.
    (vii) Fumigant management plans and post-application summaries.
Information about fumigant management plans, including all of the
following:
    (A) When a fumigant management plan must be in effect, how long it
must be kept on file, where it must be kept during the application, and
who must have access to it.
    (B) The elements of a fumigation management plan and resources
available to assist the applicator in preparing a fumigation management
plan.
    (C) The party responsible for verifying that a fumigant management
plan is accurate.
    (D) The elements, purpose and content of a post-application
summary, who must prepare it, and when it must be completed.
    (viii) Buffer zones and posting requirements. Understanding buffer
zones and posting requirements, including all of the following:
    (A) Buffer zones and the buffer zone period.
    (B) Identifying who is allowed in a buffer zone during the buffer
zone period and who is prohibited from being in a buffer zone during
the buffer zone period.
    (C) Using the buffer zone table from the labeling to determine the
size of the buffer zone.
    (D) Factors that determine the buffer zone credits for application
scenarios and calculating buffer zones using credits.
    (E) Distinguishing buffer zone posting and treated area posting,
including the pre-application and post-application posting timeframes
for each.
    (F) Proper choice and placement of warning signs.
    (2) Non-soil fumigation applications. Commercial applicators
performing fumigation applications of restricted use pesticides to
sites other than soil must demonstrate practical knowledge of the pest
problems and pest control practices associated with performing
fumigation applications to sites other than soil, including all the
following:
    (i) Label & labeling comprehension. Familiarity with the pesticide
labels and labeling for products used to perform non-soil fumigation,
including all of the following:
    (A) Labeling requirements specific to non-soil fumigants.
    (ii) Safety. Measures to minimize adverse health effects, including
all of the following:
    (A) Understanding how certified applicators, noncertified
applicators using fumigants under direct supervision of certified
applicators, and bystanders can become exposed to fumigants.
    (B) Common problems and mistakes that can result in direct exposure
to fumigants.
    (C) Signs and symptoms of human exposure to fumigants.
    (D) Air concentrations of a fumigant that require applicators to
wear respirators or to exit the work area entirely.
    (E) Steps to take if a fumigant applicator experiences sensory
irritation.
    (F) Understanding air monitoring, when it is required, and where to
take samples.
    (G) First aid measures to take in the event of exposure to a
fumigant.
    (H) Labeling requirements for transportation, storage, spill clean-
up, and emergency response for non-soil fumigants, including safe
disposal of containers and contaminated materials, and management of
empty containers.
    (iii) Non-soil fumigant chemical characteristics. Characteristics
of non-soil fumigants, including all of the following:
    (A) Chemical characteristics of non-soil fumigants.
    (B) Specific human exposure concerns for non-soil fumigants.

    (C) How fumigants change from a liquid or solid to a gas.
    (D) How fumigants disperse in the application zone.
    (E) Incompatibility concerns for tanks, hoses, tubing, and other
equipment.
    (iv) Application. Selecting appropriate application methods and
timing, including all of the following:
    (A) Application methods and equipment commonly used for non-soil
fumigation.
    (B) Site characteristics that can be used to prevent fumigant
exposure.
    (C) Conditions that could impact timing of non-soil fumigation
application, such as air stability, air temperature, humidity, and wind
currents, and labeling statements limiting applications when specific
conditions are present.
    (D) Conducting pre-application inspection of application equipment
and the site to be fumigated.
    (E) Understanding the purpose and methods of sealing the area to be
fumigated, including the factors that determine which sealing method to
use.
    (F) Calculating the amount of product required for a specific
treatment area.
    (G) Understanding the basic techniques for calibrating non-soil
fumigation application equipment.
    (H) Understanding when and how to conduct air monitoring and when
it is required.
    (v) Pest factors. Pest factors that influence fumigant activity,
including all of the following:
    (A) Influence of pest factors on fumigant volatility.
    (B) Factors that influence gaseous movement through the area being
fumigated and into the air.
    (C) Identifying pests causing the damage to be treated by the
fumigation.
    (D) Understanding the relationship between pest density and
application rate.
    (E) The importance of proper application rate and timing.
    (vi) Personal protective equipment. Understanding what personal
protective equipment is necessary and how to use it properly, including
all of the following:
    (A) Following labeling directions for required personal protective
equipment.
    (B) Selecting, inspecting, using, caring for, replacing, and
disposing of personal protective equipment.
    (C) Understanding the types of respirators required when using
specific non-soil fumigants and how to use them properly, including
medical evaluation, fit testing, and required replacement of cartridges
and canisters.
    (D) Labeling requirements and other laws applicable to medical
evaluation for respirator use, fit tests, training, and recordkeeping.
    (vii) Fumigant management plans and post-application summaries.
Information about fumigant management plans and when they are required,
including all of the following:
    (A) When a fumigant management plan must be in effect, how long it
must be kept on file, where it must be kept during the application, and
who must have access to it.
    (B) The elements of a fumigation management plan and resources
available to assist the applicator in preparing a fumigation management
plan.
    (C) The party responsible for verifying that a fumigant management
plan is accurate.
    (D) The elements, purpose and content of a post-application
summary, who must prepare it, and when it must be completed.
    (viii) Posting requirements. Understanding posting requirements,
including all of the following:
    (A) Identifying who is allowed in an area being fumigated or after
fumigation and who is prohibited from being in such areas.
    (B) Distinguishing fumigant labeling-required posting and treated
area posting, including the pre-application and post-application
posting timeframes for each.
    (C) Proper choice and placement of warning signs.
    (3) Aerial applications. Commercial applicators performing aerial
application of restricted use pesticides must demonstrate practical
knowledge of the pest problems and pest control practices associated
with performing aerial application, including all the following:
    (i) Labeling. Labeling requirements and restrictions specific to
aerial application of pesticides including:
    (A) Spray volumes.
    (B) Buffers and no-spray zones.
    (C) Weather conditions specific to wind and inversions.
    (ii) Application equipment. Understand how to choose and maintain
aerial application equipment, including all of the following:
    (A) The importance of inspecting application equipment to ensure it
is proper operating condition prior to beginning an application.
    (B) Selecting proper nozzles to ensure appropriate pesticide
dispersal and to minimize drift.
    (C) Knowledge of the components of an aerial application pesticide
application system, including pesticide hoppers, tanks, pumps, and
types of nozzles.
    (D) Interpreting a nozzle flow rate chart.
    (E) Determining the number of nozzles for intended pesticide output
using nozzle flow rate chart, aircraft speed, and swath width.
    (F) How to ensure nozzles are placed to compensate for uneven
dispersal due to uneven airflow from wingtip vortices, helicopter rotor
turbulence, and aircraft propeller turbulence.
    (G) Where to place nozzles to produce the appropriate droplet size.
    (H) How to maintain the application system in good repair,
including pressure gauge accuracy, filter cleaning according to
schedule, checking nozzles for excessive wear.
    (I) How to calculate required and actual flow rates.
    (J) How to verify flow rate using fixed timing, open timing, known
distance, or a flow meter.
    (K) When to adjust and calibrate application equipment.
    (iii) Application considerations. The applicator must demonstrate
knowledge of factors to consider before and during application,
including all of the following:
    (A) Weather conditions that could impact application by affecting
aircraft engine power, take-off distance, and climb rate, or by
promoting spray droplet evaporation.
    (B) How to determine wind velocity, direction, and air density at
the application site.
    (C) The potential impact of thermals and temperature inversions on
aerial pesticide application.
    (vi) Minimizing drift. The applicator must demonstrate knowledge of
methods to minimize off-target pesticide movement, including all of the
following:
    (A) How to determine drift potential of a product using a smoke
generator.
    (B) How to evaluate vertical and horizontal smoke plumes to assess
wind direction, speed, and concentration.
    (C) Selecting techniques that minimize pesticide movement out of
the area to be treated.
    (D) Documenting special equipment configurations or flight patterns
used to reduce off-target pesticide drift.
    (v) Performing aerial application. The applicator must demonstrate
competency in performing an aerial pesticide application, including all
of the following:
    (A) Selecting a flight altitude that minimizes streaking and off-
target pesticide drift.
    (B) Choosing a flight pattern that ensures applicator and bystander
safety and proper application.
    (C) The importance of engaging and disengaging spray precisely when

entering and exiting a predetermined swath pattern.
    (D) Tools available to mark swaths, such as global positioning
systems and flags.
    (E) Recordkeeping requirements for aerial pesticide applications
including application conditions if applicable.
    (f) Exceptions. The requirements in Sec.  171.103(a) through (f) of
this chapter do not apply to the following persons:
    (1) Persons conducting laboratory research involving restricted use
pesticides.
    (2) Doctors of Medicine and Doctors of Veterinary Medicine applying
restricted use pesticides to patients during the course of the ordinary
practice of those professions.

Sec.  171.105  Standards for certification of private applicators.

    (a) General private applicator certification. Before using or
supervising the use of a restricted use pesticide, a private applicator
must be certified by an appropriate certifying authority as being
competent to use restricted use pesticides for pest control in the
production of agricultural commodities, which includes the ability to
read and understand pesticide labeling. Certification in this general
private applicator certification category alone is not sufficient to
authorize the purchase, use, or supervision of use of the restricted
use pesticide products for predator pest control listed in paragraph
(b) of this section, or the use or supervision of use of the restricted
use pesticides using application methods specified in paragraph (c) of
this section. Persons seeking certification as private applicators must
demonstrate practical knowledge of the principles and practices of pest
control associated with the production of agricultural commodities and
effective use of restricted use pesticides, including all of the
following:
    (1) Label and labeling comprehension. Familiarity with pesticide
labels and labeling and their functions, including all of the
following:
    (i) The general format and terminology of pesticide labels and
labeling.
    (ii) Understanding instructions, warnings, terms, symbols, and
other information commonly appearing on pesticide labels and labeling.
    (iii) Understanding that it is a violation of Federal law to use
any registered pesticide in a manner inconsistent with its labeling.
    (iv) Understanding when a certified applicator must be physically
present at the site of the application based on labeling requirements.
    (v) Understanding labeling requirements for supervising
noncertified applicators working under the direct supervision of a
certified applicator.
    (vi) Understanding that applicators must comply with all use
restrictions and directions for use contained in pesticide labels and
labeling, including being certified in the application method-specific
category appropriate to the type and site of the application and in the
predator pest control category for private applicators if applicable.
    (vii) Understanding the meaning of product classification as either
general or restricted use, and that a product may be unclassified.
    (viii) Understanding and complying with product-specific
notification requirements.
    (2) Safety. Measures to avoid or minimize adverse health effects,
including all of the following:
    (i) Understanding the terms ``acute toxicity'' and ``chronic
toxicity,'' as well as the long-term effects of pesticides.
    (ii) Understanding that a pesticide's risk is a function of
exposure and the pesticide's toxicity.
    (iii) Recognition of likely ways in which dermal, inhalation and
oral exposure may occur.
    (iv) Common types and causes of pesticide mishaps.
    (v) Precautions to prevent injury to applicators and other
individuals in or near treated areas.
    (vi) Need for, and proper use of, protective clothing and personal
protective equipment.
    (vii) Symptoms of pesticide poisoning.
    (viii) First aid and other procedures to be followed in case of a
pesticide mishap.
    (ix) Proper identification, storage, transport, handling, mixing
procedures, and disposal methods for pesticides and used pesticide
containers, including precautions to be taken to prevent children from
having access to pesticides and pesticide containers.
    (3) Environment. The potential environmental consequences of the
use and misuse of pesticides, including the influence of the following:
    (i) Weather and other climatic conditions.
    (ii) Types of terrain, soil, or other substrate.
    (iii) Presence of fish, wildlife, and other non-target organisms.
    (iv) Presence of pollinators.
    (v) Drainage patterns.
    (4) Pests. The proper identification and effective control of
pests, including all of the following:
    (i) Common features of pest organisms and characteristics of damage
needed for pest recognition.
    (ii) Recognition of relevant pests.
    (iii) Pest development, biology, and behavior as it may be relevant
to problem identification and control.
    (5) Pesticides. Characteristics of pesticides, including all of the
following:
    (i) Types of pesticides.
    (ii) Types of formulations.
    (iii) Compatibility, synergism, persistence, and animal and plant
toxicity of the formulations.
    (iv) Hazards and residues associated with use.
    (v) Factors that influence effectiveness or lead to problems such
as pesticide resistance.
    (vi) Dilution procedures.
    (6) Equipment. Application equipment, including all of the
following:
    (i) Types of equipment and advantages and limitations of each type.
    (ii) Uses, maintenance, and calibration procedures.
    (7) Application methods. Selecting appropriate application methods,
including all of the following:
    (i) Methods used to apply various formulations of pesticides,
solutions, and gases.
    (ii) Knowledge of which application method to use in a given
situation and when certification in an application method-specific
category is required in accordance with paragraph (c) of this section.
    (iii) Relationship of application and placement of pesticides to
proper use, unnecessary or ineffective use, and misuse.
    (iv) Prevention of drift and pesticide loss into the environment.
    (8) Laws and regulations. Knowledge of all applicable State,
Tribal, and Federal laws and regulations, including understanding and
complying with the Worker Protection Standard in 40 CFR part 170.
    (9) Responsibilities for supervisors of noncertified applicators.
Certified applicator responsibilities related to supervision of
noncertified applicators, including all of the following:
    (i) Understanding and complying with requirements in Sec.  171.201
of this chapter for certified private applicators who supervise
noncertified applicators using restricted use pesticides.
    (ii) Providing use-specific instructions to noncertified
applicators using restricted use pesticides under the direct
supervision of a certified applicator.
    (iii) Explaining appropriate State, Tribal, and Federal laws and
regulations

to noncertified applicators working under the direct supervision of a
certified applicator.
    (10) Stewardship. Understanding the importance of all of the
following:
    (i) Maintaining chemical security for restricted-use pesticides.
    (ii) How to communicate information about pesticide exposures and
risks with agricultural workers and handlers and other relevant
persons.
    (11) Agricultural pest control. Practical knowledge of pest control
applications to agricultural commodities including all of the
following:
    (i) Specific pests of agricultural commodities.
    (ii) How to avoid contamination of ground and surface waters.
    (iii) Understanding pre-harvest and restricted-entry intervals and
entry-restricted periods and areas.
    (iv) Understanding specific pesticide toxicity and residue
potential when pesticides are applied to animal or animal product
agricultural commodities.
    (v) Relative hazards associated with using pesticides on animals or
animal products based on formulation, application technique, age of
animal, stress, and extent of treatment.
    (b) Predator pest control category for private applicators. This
category applies to private applicators that use or supervise the use
of sodium cyanide in a mechanical ejection device to control regulated
predators and private applicators that use or supervise the use of
sodium fluoroacetate in a protective collar to control regulated
predators. All private applicators that use or supervise the use of
these restricted use pesticides for predator pest control must be
specifically certified as competent by a certifying authority in
accordance with the following competency standards:
    (1) Sodium cyanide. Applicators must demonstrate comprehension of
all relevant laws and regulations applicable to the use of mechanical
ejection devices for sodium cyanide, including the restrictions on the
use of sodium cyanide products ordered by the EPA Administrator and
published in the Federal Register (40 FR 44726, September 29, 1975)
(FRL 436-3). Applicators must also demonstrate practical knowledge and
understanding of all of the specific use restrictions for sodium
cyanide devices, including safe handling and proper placement of the
capsules and device, proper use of the antidote kit, notification to
medical personnel before use of the device, conditions of and
restrictions on where devices can be used, requirements to consult FWS
maps before use to avoid affecting endangered species, maximum density
of devices, provisions for supervising and monitoring applicators,
required information exchange in locations where more than one agency
is authorized to place devices, and specific requirements for
recordkeeping, monitoring, field posting, proper storage, and disposal
of damaged or used sodium cyanide capsules.
    (2) Sodium fluoroacetate. Applicators must demonstrate
comprehension of all relevant laws and regulations applicable to the
use of sodium fluoroacetate products, including the restrictions on the
use of sodium fluoroacetate products ordered by the EPA Administrator
and published in the Federal Register (49 FR 4830, February 8, 1984)
(FRL 2520-6). Applicators must also demonstrate practical knowledge and
understanding of the specific use restrictions for sodium fluoroacetate
in the livestock protection collar, including where and when sodium
fluoroacetate products can be used, safe handling and placement of
collars, and practical treatment of sodium fluoroacetate poisoning in
humans and domestic animals. Applicators must also demonstrate
practical knowledge and understanding of specific requirements for
field posting, monitoring, recordkeeping, proper storage of collars,
disposal of punctured or leaking collars, disposal of contaminated
animal remains, vegetation, soil, and clothing, and reporting of
suspected and actual poisoning, mishap, or injury to threatened or
endangered species, human, domestic animals, or non-target wild
animals.
    (c) Application method-specific certification categories for
private applicators. In order to apply or supervise the use of
restricted use pesticides using an application method described in this
paragraph (c), private applicators must demonstrate practical knowledge
related to the appropriate application method as provided in this
paragraph (c). This requirement is in addition to certification in the
general private applicator certification category specified in
paragraph (a) of this section.
    (1) Soil fumigation application. Private applicators that use or
supervise the use of a restricted use pesticide to fumigate soil must
demonstrate practical knowledge of the pest problems and pest control
practices associated with performing soil fumigation applications,
including all the following:
    (i) Label and labeling comprehension. Familiarity with the
pesticide labels and labeling for products used to perform soil
fumigation, including all of the following:
    (A) Labeling requirements specific to soil fumigants.
    (B) Fumigant applicators, fumigant applicator tasks, and the safety
information that certified applicators must provide to noncertified
applicators using fumigants under the direct supervision of certified
applicators.
    (C) Entry-restricted period for different tarped and untarped field
application scenarios.
    (D) Recordkeeping requirements imposed by product labels and
labeling.
    (E) Special label provisions of products containing certain active
ingredients.
    (F) Labeling requirements for fumigant management plans, such as
when a fumigant management plan must be in effect, how long it must be
kept on file, where it must be kept during the application, and who
must have access to it; the elements of a fumigation management plan
and resources available to assist the applicator in preparing a
fumigation management plan; the party responsible for verifying that a
fumigant management plan is accurate; and the elements, purpose and
content of a post-application summary, who must prepare it, and when it
must be completed.
    (ii) Safety. Measures to minimize adverse health effects, including
all of the following:
    (A) Understanding how certified applicators, noncertified
applicators using fumigants under the direct supervision of certified
applicators, field workers, and bystanders can become exposed to
fumigants.
    (B) Common problems and mistakes that can result in direct exposure
to fumigants.
    (C) Signs and symptoms of human exposure to fumigants.
    (D) Air concentrations of a fumigant that require applicators to
wear respirators or to exit the work area entirely.
    (E) Steps to take if a fumigant applicator experiences sensory
irritation.
    (F) Understanding air monitoring, when it is required, and where to
take samples.
    (G) Buffer zones, including procedures for buffer zone monitoring.
    (H) First aid measures to take in the event of exposure to a soil
fumigant.
    (I) Labeling requirements for transportation, storage, spill clean
up, and emergency response for soil fumigants, including safe disposal
of containers and contaminated soil, and management of empty
containers.
    (iii) Soil fumigant chemical characteristics. Characteristics of
soil fumigants, including all of the following:

    (A) Chemical characteristics of soil fumigants.
    (B) Specific human exposure concerns for soil fumigants.
    (C) How soil fumigants change from a liquid or solid to a gas.
    (D) How soil fumigants disperse in the application zone.
    (E) Incompatibility concerns for tanks, hoses, tubing, and other
equipment.
    (iv) Application. Selecting appropriate application methods and
timing, including all of the following:
    (A) Application methods and equipment commonly used for each soil
fumigant.
    (B) Water-run and non-water-run application methods.
    (C) Site characteristics that can be used to prevent fumigant
exposure.
    (D) Understanding temperature inversions and their impact on soil
fumigation application.
    (E) Weather conditions that could impact timing of soil fumigation
application, such as air stability, air temperature, humidity, and wind
currents, and labeling statements limiting applications during specific
weather conditions.
    (F) Conducting pre-application inspection of application equipment.
    (G) Understanding the purpose and methods of soil sealing,
including the factors that determine which soil sealing method to use.
    (H) Understanding the use of tarps, including the range of tarps
available, how to seal tarps, and labeling requirements for tarp
removal and perforation.
    (I) Calculating the amount of product required for a specific
treatment area.
    (J) Understanding the basic techniques for calibrating soil
fumigation application equipment.
    (v) Soil and pest factors. Soil and pest factors that influence
fumigant activity, including all of the following:
    (A) Influence of soil factors on fumigant volatility and movement
within the soil profile.
    (B) Factors that influence gaseous movement through the soil
profile and into the air.
    (C) Soil characteristics, including how soil characteristics affect
the success of a soil fumigation application, assessing soil moisture,
and correcting for soil characteristics that could hinder a successful
soil fumigation application.
    (D) Identifying pests causing the damage to be treated by the soil
fumigation.
    (E) Understanding the relationship between pest density and
application rate.
    (F) The importance of proper application depth and timing.
    (vi) Personal protective equipment. Understanding what personal
protective equipment is necessary and how to use it properly, including
all of the following:
    (A) Following labeling directions for required personal protective
equipment.
    (B) Selecting, inspecting, using, caring for, replacing, and
disposing personal protective equipment.
    (C) Understanding the types of respirators required when using
specific soil fumigants and how to use them properly, including medical
evaluation, fit testing, and required replacement of cartridges and
cannisters.
    (D) Labeling requirements and other laws applicable to medical
evaluation for respirator use, fit tests, training, and recordkeeping.
    (vii) Buffer zones and posting requirements. Understanding buffer
zones and posting requirements, including all of the following:
    (A) Buffer zones and the buffer zone period.
    (B) Identifying who may be in a buffer zone during the buffer zone
period and who is prohibited from being in a buffer zone during the
buffer zone period.
    (C) Using the buffer zone table from the labeling to determine the
size of the buffer zone.
    (D) Factors that determine the buffer zone credits for application
scenarios and calculating buffer zones using credits.
    (E) Distinguishing buffer zone posting and treated area posting,
including the pre-application and post-application posting timeframes
for each.
    (F) Proper choice and placement of warning signs.
    (2) Non-soil fumigation applications. Private applicators that use
or supervise the use of a restricted use pesticide to fumigate anything
other than soil must demonstrate practical knowledge of the pest
problems and pest control practices associated with performing
fumigation applications to sites other than soil, including all the
following:
    (i) Label and labeling comprehension. Familiarity with the
pesticide labels and labeling for products used to perform non-soil
fumigation, including all of the following:
    (A) Labeling requirements specific to non-soil fumigants.
    (B) Labeling requirements for fumigant management plans such as
when a fumigant management plan must be in effect, how long it must be
kept on file, where it must be kept during the application, and who
must have access to it; the elements of a fumigation management plan
and resources available to assist the applicator in preparing a
fumigation management plan; the party responsible for verifying that a
fumigant management plan is accurate; and the elements, purpose and
content of a post-application summary, who must prepare it, and when it
must be completed.
    (ii) Safety. Measures to minimize adverse health effects, including
all of the following:
    (A) Understanding how certified applicators, handlers, and
bystanders can become exposed to fumigants.
    (B) Common problems and mistakes that can result in direct exposure
to fumigants.
    (C) Signs and symptoms of human exposure to fumigants.
    (D) When air concentrations of a fumigant triggers handlers to wear
respirators or to exit the work area entirely.
    (E) Steps to take if a person using a fumigant experiences sensory
irritation.
    (F) Understanding air monitoring, when it is required, and where to
take samples.
    (G) First aid measures to take in the event of exposure to a
fumigant.
    (H) Labeling requirements for transportation, storage, spill clean-
up, and emergency response for non-soil fumigants, including safe
disposal of containers and contaminated materials, and management of
empty containers.
    (iii) Non-soil fumigant chemical characteristics. Characteristics
of non-soil fumigants, including all of the following:
    (A) Chemical characteristics of non-soil fumigants.
    (B) Specific human exposure concerns for non-soil fumigants.
    (C) How fumigants change from a liquid or solid to a gas.
    (D) How fumigants disperse in the application zone.
    (E) Incompatibility concerns for tanks, hoses, tubing, and other
equipment.
    (iv) Application. Selecting appropriate application methods and
timing, including all of the following:
    (A) Application methods and equipment commonly used for non-soil
fumigation.
    (B) Site characteristics that can be used to prevent fumigant
exposure.
    (C) Conditions that could impact timing of non-soil fumigation
application, such as air stability, air temperature, humidity, and wind
currents, and labeling statements limiting applications when specific
conditions are present.
    (D) Conducting pre-application inspection of application equipment
and the site to be fumigated.
    (E) Understanding the purpose and methods of sealing the area to be
fumigated, including the factors that determine which sealing method to
use.

    (F) Calculating the amount of product required for a specific
treatment area.
    (G) Understanding the basic techniques for calibrating non-soil
fumigation application equipment.
    (H) Understanding when and how to conduct air monitoring and when
it is required.
    (v) Pest factors. Pest factors that influence fumigant activity,
including all of the following:
    (A) Influence of pest factors on fumigant volatility.
    (B) Factors that influence gaseous movement through the area being
fumigated and into the air.
    (C) Identifying pests causing the damage to be treated by the
fumigation.
    (D) Understanding the relationship between pest density and
application rate.
    (E) The importance of proper application rate and timing.
    (vi) Personal protective equipment. Understanding what personal
protective equipment is necessary and how to use it properly, including
all of the following:
    (A) Following labeling directions for required personal protective
equipment.
    (B) Selecting, inspecting, using, caring for, replacing, and
disposing of personal protective equipment.
    (C) Understanding the types of respirators required when using
specific soil fumigants and how to use them properly, including medical
evaluation, fit testing, and required replacement of cartridges and
cannisters.
    (D) Labeling requirements and other laws applicable to medical
evaluation for respirator use, fit tests, training, and recordkeeping.
    (viii) Posting requirements. Understanding posting requirements,
including all of the following:
    (A) Identifying who is allowed in an area being fumigated or after
fumigation and who is prohibited from being in such areas.
    (B) Distinguishing fumigant labeling-required posting and treated
area posting, including the pre-application and post-application
posting timeframes for each.
    (C) Proper choice and placement of warning signs.
    (3) Aerial applications. Private applicators that use or supervise
the use of restricted use pesticides applied by fixed or rotary wing
aircraft must demonstrate practical knowledge of the pest problems and
pest control practices associated with performing aerial application,
including all the following:
    (i) Labeling. Labeling requirements and restrictions specific to
aerial application of pesticides including:
    (A) Spray volumes.
    (B) Buffers and no-spray zones.
    (C) Weather conditions specific to wind and inversions.
    (D) Labeling-mandated recordkeeping requirements for aerial
pesticide applications including application conditions if applicable.
    (ii) Application equipment. Understand how to choose and maintain
aerial application equipment, including all of the following:
    (A) The importance of inspecting application equipment to ensure it
is proper operating condition prior to beginning an application.
    (B) Selecting proper nozzles to ensure appropriate pesticide
dispersal and to minimize drift.
    (C) Knowledge of the components of an aerial application pesticide
application system, including pesticide hoppers, tanks, pumps, and
types of nozzles.
    (D) Interpreting a nozzle flow rate chart.
    (E) Determining the number of nozzles for intended pesticide output
using nozzle flow rate chart, aircraft speed, and swath width.
    (F) How to ensure nozzles are placed to compensate for uneven
dispersal due to uneven airflow from wingtip vortices, helicopter rotor
turbulence, and aircraft propeller turbulence.
    (G) Where to place nozzles to produce the appropriate droplet size.
    (H) How to maintain the application system in good repair,
including pressure gauge accuracy, filter cleaning according to
schedule, checking nozzles for excessive wear.
    (I) How to calculate required and actual flow rates.
    (J) How to verify flow rate using fixed timing, open timing, known
distance, or a flow meter.
    (K) When to adjust and calibrate application equipment.
    (iii) Application considerations. The applicator must demonstrate
knowledge of factors to consider before and during application,
including all of the following:
    (A) Weather conditions that could impact application by affecting
aircraft engine power, take-off distance, and climb rate, or by
promoting spray droplet evaporation.
    (B) How to determine wind velocity, direction, and air density at
the application site.
    (C) The potential impact of thermals and temperature inversions on
aerial pesticide application.
    (iv) Minimizing drift. The applicator must demonstrate knowledge of
methods to minimize off-target pesticide movement, including all of the
following:
    (A) How to determine drift potential of a product using a smoke
generator.
    (B) How to evaluate vertical and horizontal smoke plumes to assess
wind direction, speed, and concentration.
    (C) Selecting techniques that minimize pesticide movement out of
the area to be treated.
    (D) Documenting special equipment configurations or flight patterns
used to reduce off-target pesticide drift.
    (v) Performing aerial application. The applicator must demonstrate
competency in performing an aerial pesticide application, including all
of the following:
    (A) Selecting a flight altitude that minimizes streaking and off-
target pesticide drift.
    (B) Choosing a flight pattern that ensures applicator and bystander
safety and proper application.
    (C) The importance of engaging and disengaging spray precisely when
entering and exiting a predetermined swath pattern.
    (D) Tools available to mark swaths, such as global positioning
systems and flags.
    (d) Private applicator minimum age. A private applicator must be at
least 18 years old.
    (e) Private applicator competence. The competence of each applicant
for private applicator certification must be determined by the
certifying authority based upon the certification standards set forth
in paragraphs (a) through (d) of this section in order to assure that
private applicators are competent to use and supervise the use of
restricted use pesticides in accordance with applicable State, Tribal,
and Federal laws and regulations. The certifying authority must use
either a written examination process as described in paragraph (e)(1)
of this section or a non-examination training process as described in
paragraph (e)(2) of this section to assure the competence of private
applicators in regard to the general certification standards applicable
to all private applicators, and, if applicable, the specific standards
for the predator pest control category and/or the standards for each
application method-specific category in which an applicator is to be
certified, as provided for in this section. The certifying authority
must follow the labeling requirements for sodium fluoroacetate and
sodium cyanide dispensed through an M-44 device to determine the
competence of applicators in the predator control categories.
    (1) Determination of competence by examination. If the certifying
authority uses a written examination process to

determine the competence of private applicators, the examination
process must meet all of the requirements of Sec.  171.103(a)(2).
    (2) Becoming competent through training without examination. Any
applicant for certification as a private applicator may become
competent by completing a training program approved by the certifying
authority. A training program to establish private applicator
competence must conform to all of the following criteria:
    (i) Positive photo identification. Each person seeking
certification must present a valid, government-issued photo
identification to the certifying authority or designated representative
as proof of identity and age at the time of the training program to be
eligible for certification.
    (ii) Training programs for private applicator general certification
and certification in application method-specific categories. The
training program for general private applicator certification must
cover the competency standards outlined in paragraph (a) of this
section. The training program for each application method-specific
category for private applicator certification must cover the competency
standards outlined in paragraph (c) of this section and must be in
addition to the training program required for general private
applicator certification.

Sec.  171.107  Standards for recertification of certified applicators.

    (a) Determination of continued competency. Each commercial and
private applicator certification shall expire 3 years after issuance,
unless the applicator is recertified in accordance with this section. A
certifying authority may establish a shorter certification period. In
order for a certified applicator's certification to continue without
interruption, the certified applicator must be recertified under this
section before the expiration of his or her current certification.
    (b) Process for recertification. Minimum standards for
recertification by written examination, or through continuing education
programs, are as follows:
    (1) Written examination. A certified applicator may be found
eligible for recertification upon passing a written examination
approved by the certifying authority and that is designed to evaluate
whether the certified applicator demonstrates the level of competency
required by Sec.  171.103 for commercial applicators or Sec.  171.105
for private applicators. The examination shall conform to the
applicable standards for exams set forth in Sec.  171.103(a)(2) of this
chapter and be designed to test the certified applicator's knowledge of
current technologies and practices.
    (2) Continuing education programs. A certified applicator may be
found eligible for recertification upon successfully completing a
continuing education program approved by the certifying authority and
designed to ensure the applicator continues to demonstrate the level of
competency required by Sec.  171.103 for commercial applicators or
Sec.  171.105 for private applicators. A recertification process that
relies on a continuing education program to maintain applicator
certification must meet all of the following criteria:
    (i) The continuing education program designed for applicator
recertification must be approved by the certifying authority as being
capable of ensuring continued competency.
    (ii) A private applicator continuing education program must require
the private applicator to complete six continuing education units
specifically related to the standards of competency outlined in Sec.
171.105(a) before the expiration of the applicator's certification to
qualify for recertification. To qualify for recertification for
application method-specific categories, a private applicator continuing
education program must require the private applicator to complete three
continuing education units specifically related to the standards of
competency outlined in Sec.  171.105(c) for each relevant application
method-specific category certification held by the applicator before
the expiration of the applicator's certification.
    (iii) A commercial applicator continuing education program must
require the commercial applicator to complete six continuing education
units specifically related to the core standards of competency for
commercial applicators outlined in Sec.  171.103(c) before the
expiration of the applicator's certification. In addition, a commercial
applicator continuing education program must require the commercial
applicator to complete six continuing education units specifically
related to the standards of competency outlined in Sec.  171.103(d),
(e), and (f) for each relevant pest control category and application
method-specific category of certification held by the applicator before
the expiration of the applicator's certification in order to qualify
for recertification.
    (iv) Any education program, including an online or other distance
education program, that grants continuing education units must have a
process to verify the applicator's successful completion of the
educational objectives of the program and positively identify the
applicator taking the continuing education units consistent with the
requirements of Sec. Sec.  171.103(a)(2)(iv) and 171.105(e)(2)(i).

Subpart C--Supervision of Noncertified Applicators

Sec.  171.201  Requirements for direct supervision of noncertified
applicators by certified applicators.

    (a) Applicability. This section applies to any certified applicator
who allows or relies on a noncertified applicator to use a restricted
use pesticide under the certified applicator's direct supervision.
    (b) General requirements.
    (1) The certified applicator must have a practical knowledge of
applicable Federal, State and Tribal supervisory requirements,
including any requirements on the product label and labeling, regarding
the use of restricted use pesticides by noncertified applicators.
    (2) The certified applicator must be certified in each category as
set forth in Sec. Sec.  171.101(a) and (b) and 171.105(b) and (c)
applicable to the supervised pesticide use.
    (3) The certified applicator must ensure that any noncertified
applicators working under his or her direct supervision have met the
training requirements under paragraph (c) of this section.
    (4) If the certified applicator is a commercial applicator, the
certified applicator must prepare and maintain the records required by
paragraph (e) of this section.
    (5) The certified applicator must ensure that all noncertified
applicators working under his or her direct supervision are at least 18
years of age.
    (6) The certified applicator must ensure that a method for
immediate communication between the certified applicator and each
noncertified applicator working under his or her direct supervision is
available.
    (7) The certified applicator must ensure that the full labeling for
the product(s) used during a supervised use is in the possession of
each noncertified applicator during the use.
    (8) The certified applicator must be physically present at the site
of the use being supervised when required by the product labeling.
    (9) The certified applicator must provide use-specific instructions
for each application to each noncertified applicator, including
labeling directions, precautions, and restrictions mandated by the
specific site; the

interrelationship between the characteristics of the use site (e.g.,
surface and ground water, endangered species, local population, and
risks) and the conditions of application (e.g., equipment, method of
application, formulation, and risks); and how to use the application
equipment.
    (10) The certified applicator must ensure that before any
noncertified applicator uses any equipment for mixing, loading,
transferring, or applying pesticides, the noncertified applicator has
been instructed in the safe operation of such equipment within the last
12 months.
    (11) The certified applicator must ensure that before each day of
use equipment used for mixing, loading, transferring, or applying
pesticides is inspected for leaks, clogging, and worn or damaged parts.
If worn or damaged parts or equipment are found, the certified
applicator must ensure that any damaged equipment is repaired or
replaced prior to use.
    (12) Where the labeling of a pesticide product requires that
personal protective equipment be worn for mixing, loading, application,
or any other use activities, the certified applicator must ensure that
any noncertified applicator using restricted use pesticides under his
or her direct supervision has the label-required personal protective
equipment, that the personal protective equipment is worn and used
correctly for its intended purpose, and that the personal protective
equipment is clean and in proper operating condition.
    (c) Training requirement. Before any noncertified applicator uses a
restricted use pesticide under the direct supervision of the certified
applicator, the supervising certified applicator must ensure that the
noncertified applicator has met at least one of the following
qualifications:
    (1) The noncertified applicator has been trained in accordance with
paragraph (d) of this section within the last 12 months.
    (2) The noncertified applicator has met the training requirements
for an agricultural handler under Sec.  170.201(c) within the last 12
months.
    (3) The noncertified applicator has passed an examination covering
the core standards of competency for commercial applicators outlined in
Sec.  171.103(c) within the last 3 years.
    (d) Noncertified applicator training programs. (1) General
noncertified applicator training must be presented to applicators
either orally from written materials or audio visually. The information
must be presented in a manner that the noncertified applicators can
understand, such as through a translator. The person conducting the
training must be present during the entire training program and must
respond to the noncertified applicators' questions.
    (2) The person who conducts the training must meet at least one of
the following criteria:
    (i) Be currently certified as an applicator of restricted use
pesticides under this part.
    (ii) Be currently designated as a trainer of certified applicators
or pesticide handlers by a State, Tribal, or Federal agency having
jurisdiction.
    (iii) Have completed a pesticide safety train-the-trainer program
under 40 CFR part 170.
    (3) The noncertified applicator training materials must include the
information that noncertified applicators need to protect themselves,
other people, and the environment before, during, and after making a
restricted use pesticide application. The noncertified applicator
training materials must include, at a minimum, the following:
    (i) Format and meaning of information contained in pesticide labels
and labeling, including safety information, such as precautionary
statements about human health hazards.
    (ii) Hazards of pesticides resulting from toxicity and exposure,
including acute and chronic effects, delayed effects, and
sensitization.
    (iii) Routes by which pesticides can enter the body.
    (iv) Signs and symptoms of common types of pesticide poisoning.
    (v) Emergency first aid for pesticide injuries or poisonings.
    (vi) How to obtain emergency medical care.
    (vii) Routine and emergency decontamination procedures.
    (viii) Need for and proper use of personal protective equipment.
    (ix) Prevention, recognition, and first aid treatment of heat-
related illness associated with the use of personal protective
equipment.
    (x) Safety requirements for handling, transporting, storing, and
disposing of pesticides, including general procedures for spill
cleanup.
    (xi) Environmental concerns such as drift, runoff, and wildlife
hazards.
    (xii) Warnings against taking pesticides or pesticide containers
home.
    (xiii) Washing and changing work clothes before physical contact
with family.
    (xiv) Washing work clothes separately from the family's clothes
before wearing them again.
    (xv) Precautions required to protect children and pregnant women.
    (xvi) How to report suspected pesticide illness to the appropriate
State agency.
    (xvii) Instructions that the certified applicator must provide use-
specific instructions for each application to the noncertified
applicator(s), including labeling directions, precautions, and
restrictions mandated by the specific site; the interrelationship
between the characteristics of the use site (e.g., surface and ground
water, endangered species, local population, and risks) and the
conditions of application (e.g., equipment, method of application,
formulation, and risks); and how to use the application equipment.
    (e) Recordkeeping. For each noncertified applicator who uses a
restricted use pesticide under a commercial applicator's direct
supervision, the commercial applicator supervising any noncertified
applicator must collect and maintain at the commercial applicator's
principal place of business for 2 years from the date of meeting the
training requirements of paragraph (d) of this section, the following
information:
    (1) The noncertified applicator's printed name and signature.
    (2) The date the training requirement in paragraph (d) of this
section was met.
    (3) The name of the person who provided the training or the
certifying agency, as applicable.
    (4) The supervising certified applicator's name.
    (f) Compliance date. After [date 2 years and 60 days after date of
publication of the final rule in the Federal Register], any certified
applicator who supervises a noncertified applicator using a restricted
use pesticide under his or her direct supervision must comply with the
requirements of this section.

Subpart D--Certification Plans

Sec.  171.301  General.

    (a) Jurisdiction. A certification issued under a particular
certifying authority's certification plan is only valid within the
geographical area covered by the certification plan approved by the
Agency.
    (b) Status of certification plans approved before effective date. A
certification plan approved by EPA before the effective date of this
part remains approved until [date 4 years and 60 days after date of
publication of the final rule in the Federal Register], except as
provided in paragraphs (c)(4) and (5) of this section.
    (c) Compliance dates. (1) After [date 4 years and 60 days after
date of publication of the final rule in the

Federal Register], a State, Tribe or Federal agency may only certify
applicators of restricted use pesticides in accordance with a
certification plan that meets or exceeds all of the applicable
requirements of this part and has been approved by the Agency.
    (2) A State, Tribe or Federal agency that currently has an EPA-
approved plan for the certification of applicators of restricted use
pesticides and that chooses to certify applicators of restricted use
pesticides under this part must submit to EPA for review and approval a
revised certification plan that meets or exceeds all of the applicable
requirements of this part no later than [date 2 years and 60 days after
date of publication of the final rule in the Federal Register].
    (3) If the Agency approves a certification plan submitted no later
than [date 2 years and 60 days after date of publication of the final
rule in the Federal Register], a State, Tribe, or Federal agency may
only certify applicators of restricted use pesticides in accordance
with the approved revised plan.
    (4) If after [date 2 years and 60 days after date of publication of
the final rule in the Federal Register] EPA has received but not yet
approved the State, Tribal, or Federal agency certification plan
revision submitted no later than [date 2 years and 60 days after date
of publication of the final rule in the Federal Register], the State,
Tribe, or Federal Agency may continue to certify applicators under the
certification plan approved before the rule's effective date until such
time as EPA approves a revised certification plan that meets or exceeds
all applicable requirements of this part.
    (5) States, Tribes, or Federal agencies that do not have an EPA-
approved certification plan before the effective date of this rule may
submit to EPA for review and approval a certification plan that meets
or exceeds all of the applicable requirements of this part any time
after the effective date of this rule.

Sec.  171.303  Requirements for State certification plans.

    (a) Conformance with Federal standards for certification of
applicators of restricted use pesticides. A State may certify
applicators of restricted use pesticides only in accordance with a
State certification plan submitted to and approved by the Agency.
    (1) The State certification plan must include a full description of
the proposed process the State will use to assess applicator competency
to use or supervise the use of restricted use pesticides in the State.
    (2) The State plan must list and describe the categories of
certification from the certification categories listed in Sec. Sec.
171.101(a) and (b) and 171.105(b) and (c), that will be included in the
plan except that:
    (i) A State may omit any unneeded certification categories.
    (ii) A State may designate subcategories within the categories
described in Sec. Sec.  171.101(a) and (b) and 171.105(c) as it deems
necessary, with the exception of the predator pest control categories
outlined in Sec. Sec.  171.101(a)(10) and 171.105(b).
    (iii) A State may adopt additional certification categories for
specific types of pest control or application methods not covered by
the existing Federal categories described in Sec. Sec.  171.101(a) and
(b) and 171.105(b) and (c).
    (3) For each of the categories adopted pursuant to paragraph (b)(1)
of this section, the State plan must include standards for the
certification of applicators of restricted use pesticides that meet or
exceed those standards prescribed by the Agency under Sec. Sec.
171.101 through 171.105.
    (4) The State standards for the recertification of applicators of
restricted use pesticides must meet or exceed those standards
prescribed by the Agency under Sec.  171.107.
    (5) The State standards for the direct supervision of noncertified
applicators by certified private and commercial applicators of
restricted use pesticides must meet or exceed those standards
prescribed by the Agency under Sec.  171.201.
    (6) The State certification plan must contain provisions for
issuance of appropriate credentials or documents by the certifying
authority verifying certification of applicators. The credential or
document must contain all of the following information:
    (i) The full name of the certified applicator.
    (ii) The certification, license, or credential number of the
certified applicator.
    (iii) The type of certification (private or commercial).
    (iv) The category(ies), including any pest control categories,
application method-specific category(ies), and subcategory(ies) in
which the applicator is certified.
    (v) The expiration date of the certification(s).
    (vi) If the certification is based on a certification issued by
another State, Tribe or Federal agency, a statement identifying the
State, Tribe or Federal agency certification upon which this
certification is based.
    (7) The State certification plan must explain whether, and if so,
under what circumstances, the State will certify applicators based in
whole or in part on their holding a valid current certification issued
by another State, Tribe or Federal agency. Such certifications are
subject to all of the following conditions:
    (i) A State may rely only on valid current certifications that are
issued directly under an approved State, Tribal or Federal agency
certification plan and are not based on another certifying authority's
certification.
    (ii) The State certification regulations must provide that any
certification that is based in whole or in part on the applicator
holding a valid current certification issued by another State, Tribe or
Federal agency terminates automatically if the certification on which
it is based terminates for any reason.
    (iii) The State issuing a certification based in whole or in part
on the applicator holding a valid current certification issued by
another State, Tribe or Federal agency must issue an appropriate State
credential or document to the applicator in accordance with paragraph
(a)(6) of this section.
    (b) Contents of a request for EPA approval of a State plan for
certification of applicators of restricted use pesticides.
    (1) The application for Agency approval of a State certification
plan must list and describe the categories of certification from the
certification categories.
    (2) The application for Agency approval of a State certification
plan must contain satisfactory documentation that the State standards
for the certification of applicators of restricted use pesticides meet
or exceed those standards prescribed by the Agency under Sec. Sec.
171.101 through 171.105. Such documentation must include one of the
following:
    (i) A statement that the State has adopted the same standards for
certification prescribed by the Agency under Sec. Sec.  171.101 through
171.105 and a citation of the specific State laws and/or regulations
demonstrating that the State has adopted such standards.
    (ii) A statement that the State has adopted its own standards that
meet or exceed the standards for certification prescribed by the Agency
under Sec. Sec.  171.101 through 171.105. If the State selects this
option, the certification plan must include both:
    (A) A list and detailed description of all the categories,
application method-specific categories, and subcategories to

be used for certification of private and commercial applicators in the
State and a citation to the specific State laws and/or regulations
demonstrating that the State has adopted such categories, application
method-specific categories, and subcategories.
    (B) A list and detailed description of all of the standards for
certification of private and commercial applicators adopted by the
State and a citation to the specific State laws and/or regulations
demonstrating that the State has adopted such standards. Any additional
pest control categories, application-method specific categories, or
subcategories established by a State must be included in the
application for Agency approval of a State plan and must clearly
delineate the standards the State will use to determine if the
applicator is competent.
    (3) The application for Agency approval of a State certification
plan must contain satisfactory documentation that the State standards
for the recertification of applicators of restricted use pesticides
meet or exceed those standards prescribed by the Agency under Sec.
171.107. Such documentation must include a statement that the State has
adopted its own standards that meet or exceed the standards for
recertification prescribed by the Agency under Sec.  171.107. The
application for Agency approval of a certification plan must include a
list and detailed description of all of the State standards for
recertification of private and commercial applicators and a citation of
the specific State laws and/or regulations demonstrating that the State
has adopted such standards.
    (4) The application for Agency approval of a State certification
plan must contain satisfactory documentation that the State standards
for the direct supervision of noncertified applicators by certified
private and commercial applicators of restricted use pesticides meet or
exceed those standards prescribed by the Agency under Sec.  171.201.
Such documentation must include one or both of the following as
applicable:
    (i) A statement that the State has met or exceeded the standards
for direct supervision of noncertified applicators by certified private
and/or commercial applicators prescribed by the Agency under Sec.
171.201 and a citation of the specific State laws and/or regulations
demonstrating that the State has adopted such standards.
    (ii) A statement that the State prohibits noncertified applicators
from using restricted use pesticides under the direct supervision of
certified private and/or commercial applicators, and a citation of the
specific State laws and/or regulations demonstrating that the State has
adopted such a prohibition.
    (5) The application for Agency approval of a State certification
plan must include all of the following:
    (i) A written designation of the State agency by the Governor of
that State as the lead agency responsible for being the primary
certifying authority and administering the certification plan in the
State. The lead agency will serve as the central contact point for the
Agency. The certification plan must identify the primary point of
contact at the lead agency responsible for administering the
certification plan and serving as the central contact for the Agency on
any issues related to the State certification plan. In the event that
more than one agency or organization will be responsible for performing
functions under the certification plan, the plan must identify all
cooperators and list the functions to be performed by each agency or
organization, including compliance monitoring and enforcement
responsibilities. The plan must indicate how the plan will be
coordinated by the lead agency to ensure consistency of the
administration of the certification plan throughout the state.
    (ii) A written opinion from the State attorney general or from the
legal counsel of the State lead agency that states the lead agency and
other cooperating agencies have the legal authority necessary to carry
out the plan.
    (iii) A listing of the qualified personnel that the lead agency and
any cooperating agencies or organizations have to carry out the plan.
The list must include the number of staff, job titles, and job
functions of such personnel of the lead agency and any cooperating
units.
    (iv) A commitment by the State that the lead agency and any
cooperators will ensure sufficient resources are available to carry out
the applicator certification program as detailed in the plan.
    (6) The application for Agency approval of a State certification
plan must include a complete copy of all State laws and regulations
relevant to the certification plan. In addition, the plan must include
citations to the specific State laws and regulations that demonstrate
specific legal authority for each of the following:
    (i) Provisions for and listing of the acts which would constitute
grounds for denying, suspending and revoking certification of
applicators. Such grounds must include, at a minimum, misuse of a
pesticide and falsification of any records required to be maintained by
the certified applicator.
    (ii) Provisions for reviewing, and where appropriate, suspending or
revoking an applicator's certification based on the applicator's
conduct or a criminal conviction under section 14(b) of FIFRA, a final
order imposing civil penalty under section 14(a) of FIFRA, or
conclusion of a State enforcement action for violations of State laws
or regulations relevant to the certification plan.
    (iii) Provisions for assessing criminal and civil penalties for
violations of State laws or regulations relevant to the certification
plan.
    (iv) Provisions for right of entry by consent or warrant by State
officials at reasonable times for sampling, inspection, and observation
purposes.
    (v) Provisions making it unlawful for persons other than certified
applicators or noncertified applicators working under a certified
applicator's direct supervision to use restricted use pesticides.
    (vi) Provisions requiring certified commercial applicators to
record and maintain for the period of at least two years routine
operational records containing information on types, amounts, uses,
dates, and places of application of restricted use pesticides and for
ensuring that such records will be available to appropriate State
officials. Such provisions must require commercial applicators to
record and maintain, at a minimum, all of the following:
    (A) The name and address of the person for whom the restricted use
pesticide was applied.
    (B) The location of the restricted use pesticide application.
    (C) The size of the area treated.
    (D) The crop, commodity, stored product, or site to which the
restricted use pesticide was applied.
    (E) The time and date of the restricted use pesticide application.
    (F) The brand or product name of the restricted use pesticide
applied.
    (G) The EPA registration number of the restricted use pesticide
applied.
    (H) The total amount of the restricted use pesticide applied per
location per application.
    (I) The name and certification number of the certified applicator
that made or supervised the application, and, if applicable, the name
of any noncertified applicator(s) that made the application under the
direct supervision of the certified applicator.
    (J) Records required under Sec.  171.201(c).
    (vii) Provisions requiring persons who distribute or sell
restricted use

pesticides to record and maintain at each individual dealership, for
the period of at least 2 years, records of each transaction where a
restricted use pesticide is distributed or sold to any person,
excluding transactions solely between persons who are pesticide
producers, registrants, wholesalers, or retail sellers, acting only in
those capacities. Records of each such transaction must include all of
the following information:
    (A) Name and address of the residence or principal place of
business of each certified applicator to whom the restricted use
pesticide was distributed or sold, or if applicable, the name and
address of the residence or principal place of business of each
noncertified person to whom the restricted use pesticide was
distributed or sold for application by a certified applicator.
    (B) The certification number on the certification document
presented to the seller evidencing the valid certification of the
certified applicator authorized to purchase the restricted use
pesticide, the State, Tribe or Federal agency that issued the
certification document, the expiration date of the certified
applicator's certification, and the categories in which the applicator
is certified.
    (C) The product name and EPA registration number of the restricted
use pesticide(s) distributed or sold in the transaction, including any
applicable emergency exemption or State special local need registration
number.
    (D) The quantity of the restricted use pesticide(s) distributed or
sold in the transaction.
    (E) The date of the transaction.
    (c) Requirement to submit reports to the Agency. The State must
submit reports to the Agency in a manner and containing the information
that the Agency requires, including all of the following:
    (1) An annual report to be submitted by the State lead agency to
the Agency by the date established by the Agency that includes all of
the following information:
    (i) The number of new, recertified, and total applicators holding a
valid general private applicator certification at the end of the last
12 month reporting period.
    (ii) For each application method-specific category specified in
Sec.  171.105(c), the numbers of new, recertified and total existing
private applicators holding valid current certifications at the end of
the last 12 month reporting period.
    (iii) The numbers of new, recertified, and total commercial
applicators certified in at least one certification category at the end
of the last 12 month reporting period.
    (iv) For each commercial applicator pest control certification
category specified in Sec.  171.101(a), the numbers of new, recertified
and total commercial applicators holding a valid certification in each
of those categories at the end of the last 12 month reporting period.
    (v) For each application method-specific category specified in
Sec.  171.101(b), the numbers of new, recertified and total existing
commercial applicators holding valid current certifications at the end
of the last 12 month reporting period.
    (vi) If a State has established subcategories within any of the
commercial categories, the report must include the numbers of new,
recertified and total commercial applicators holding valid
certifications in each of the subcategories at the end of the last 12
month reporting period.
    (vii) A description of any modifications made to the approved
certification plan during the last 12 month reporting period that have
not been previously evaluated by the Agency under Sec.  171.309(a)(3).
    (viii) A description of any proposed changes to the certification
plan that the State anticipates making during the next reporting period
that may affect the certification program.
    (ix) The number and description of enforcement actions taken for
any violations of Federal or State laws and regulations involving use
of restricted use pesticides during the last 12-month reporting period.
    (x) A narrative summary and causal analysis of any misuse incidents
or enforcement actions related to use of restricted use pesticides
during the last 12 month reporting period. The summary should include
the pesticide name and registration number, use or site involved,
nature of violation, any adverse effects, most recent date of the
certified applicator's certification or recertification and, if
applicable, the date of qualification of any noncertified applicator
using restricted use pesticides under the direct supervision of the
certified applicator. This summary should include a discussion of
potential changes in policy or procedure to prevent future incidents or
violations.
    (2) Any other reports that may be required by the Agency to meet
specific needs.

Sec.  171.305  Requirements for Federal agency certification plans.

    (a) A Federal agency may certify applicators of restricted use
pesticides only in accordance with a Federal agency certification plan
submitted to and approved by the Agency. Certification must be limited
to the employees of the Federal agency covered by the certification
plan and will be valid only for those uses of restricted use pesticides
conducted in the performance of the employees' official duties.
    (1) The Federal agency certification plan must include a full
description of the proposed process the Federal agency will use to
assess applicator competency to use or supervise the use of restricted
use pesticides.
    (2) Employees certified by the Federal agency must meet the
standards for commercial applicators.
    (3) The Federal agency plan must list and describe the categories
of certification from the certification categories listed in Sec. Sec.
171.101(a) and (b) that will be included in the plan except that:
    (i) A Federal agency may omit any unneeded certification
categories.
    (ii) A Federal agency may designate subcategories within the
categories described in Sec. Sec.  171.101(a) and (b) as it deems
necessary, with the exception of the predator pest control categories
outlined in Sec. Sec.  171.101(a)(10).
    (iii) A Federal agency may adopt additional certification
categories for specific types of pest control or application methods
not covered by the existing Federal categories described in Sec. Sec.
171.101(a) and (b).
    (4) For each of the categories adopted pursuant to paragraph (b)(2)
of this section, the Federal agency plan must include standards for the
certification of applicators of restricted use pesticides that meet or
exceed those standards prescribed by the Agency under Sec. Sec.
171.101 through 171.103.
    (5) The Federal agency standards for the recertification of
applicators of restricted use pesticides must meet or exceed those
standards prescribed by the Agency under Sec.  171.107.
    (6) The Federal agency standards for the direct supervision of
noncertified applicators by certified private and commercial
applicators of restricted use pesticides meet or exceed those standards
prescribed by the Agency under Sec.  171.201.
    (7) The Federal agency certification plan must contain provisions
for issuance of appropriate credentials or documents by the certifying
authority verifying certification of applicators. The credential or
document must contain all information listed in Sec.  171.303(a)(6),
except for the requirement to list the type of certification at Sec.
171.303(a)(6)(iii).
    (8) The Federal agency certification plan must explain whether, and
if so,

under what circumstances, the Federal Agency will certify applicators
based in whole or in part on their holding a valid current
certification issued by another State, Tribe or Federal agency. Such
certifications are subject to all of the conditions listed at Sec.
171.303(a)(7).
    (b) Contents of a request for EPA approval of a Federal agency plan
for certification of applicators of restricted use pesticides.
    (1) The application for Agency approval of a Federal agency
certification plan must list and describe the categories of
certification from the certification categories.
    (2) The application for Agency approval of a Federal Agency
certification plan must contain a statement that the Federal agency
standards for certification of applicators of restricted use pesticides
meet or exceed those standards prescribed by the Agency under
Sec. Sec.  171.101 and 171.103. Such a statement must include one of
the following:
    (i) A statement that the Federal agency has adopted the same
standards for certification prescribed by the Agency under Sec. Sec.
171.101 through 171.103.
    (ii) A statement that the Federal agency has adopted its own
standards that meet or exceed the standards for certification
prescribed by the Agency under Sec. Sec.  171.101 through 171.103. If
the Federal agency selects this option, the certification plan must
include both:
    (A) A list and detailed description of all the categories,
application method-specific categories, and subcategories to be used
for certification of private and commercial applicators.
    (B) A list and detailed description of all of the standards for
certification of commercial applicators adopted by the Federal agency.
Any additional pest control categories, application-method specific
categories, or subcategories established by a Federal agency must be
included in the application for Agency approval of a Federal agency
plan and must clearly delineate the standards the Federal agency will
use to determine if the applicator is competent.
    (3) The application for Agency approval of a Federal agency plan
must include a statement that the Federal agency has adopted standards
for recertification that meet or exceed the standards for certification
prescribed by the Agency under Sec.  171.107. If the Federal agency
adopts its own standards for recertification, the application for
Agency approval of a Federal agency certification plan must include a
list and detailed description of all the standards for recertification
adopted by the Federal agency.
    (4) The application for Agency approval of a Federal Agency
certification plan must contain a statement that the Federal agency
standards for direct supervision of noncertified applicators by
certified commercial applicators meet or exceed those standards
prescribed by the Agency under Sec.  171.201, or a statement that the
Federal agency prohibits noncertified applicators from using restricted
use pesticides under the direct supervision of certified commercial
applicators.
    (5) The application for Agency approval of a Federal agency
certification plan must meet or exceed all of the applicable
requirements in Sec.  171.303. However, in place of the legal
authorities required in Sec.  171.303(b)(6), the Federal agency may use
administrative controls inherent in the employer-employee relationship
to accomplish the objectives of Sec.  171.303(b)(6). The application
for Agency approval of a Federal agency certification plan must include
a detailed description of how the Federal agency will exercise its
administrative authority, where appropriate to deny, suspend or revoke
certificates of employees who misuse pesticides, falsify records or
violate relevant provisions of FIFRA. Similarly, the application for
Agency approval of a Federal agency certification plan must include a
commitment that the Federal agency will record and maintain for the
period of at least two years routine operational records containing
information on types, amounts, uses, dates, and places of application
of restricted use pesticides and that such records will be available to
State and Federal officials. Such recordkeeping requirements must
require Federal agency employees certified as commercial applicators to
record and maintain, at a minimum, all of the records specified in
Sec.  171.303(b)(6)(vi).
    (c) Commitment to do annual reports. The application for Agency
approval of a Federal agency certification plan must include a
commitment by the Federal agency to submit an annual report to the
Agency in a manner that the Agency requires that includes all of the
following information:
    (1) The numbers of new, recertified, and total commercial
applicators certified in at least one certification category at the end
of the last 12 month reporting period.
    (2) For each commercial applicator certification category specified
in Sec.  171.101(a), the numbers of new, recertified and total
commercial applicators holding a valid certification in each of those
categories at the end of the last 12 month reporting period.
    (3) For each application method-specific category specified in
Sec.  171.101(b), the numbers of new, recertified and total existing
commercial applicators holding valid current certifications at the end
of the last 12 month reporting period.
    (4) If the Federal agency has established subcategories within any
of the commercial categories, the report must include the numbers of
new, recertified and total commercial applicators holding valid
certifications in each of those subcategories at the end of the last 12
month reporting period.
    (5) A description of any modifications made to the approved
certification plan during the last 12 month reporting period that have
not been previously evaluated under Sec.  171.309(a)(3).
    (6) A description of any proposed changes to the certification plan
that may affect the certification program that the Federal agency
anticipates making during the next reporting period.
    (7) The number and description of enforcement actions taken for any
violations of Federal or State laws and regulations involving use of
restricted use pesticides during the last 12-month reporting period.
    (8) A narrative summary of misuse incidents or enforcement
activities related to use of restricted use pesticides during the last
twelve-month reporting period. This section should include a discussion
of potential changes in policy or procedure to prevent future incidents
or violations.
    (d) Commitment to do other reports. The application for Agency
approval of a Federal agency certification plan must include a
commitment by the Federal agency to submit any other reports that may
be required by the Agency to meet specific needs.
    (e) Additional requirements for certain application. If applicators
certified under the Federal agency plan will make any applications of
restricted use pesticides in States or Indian country, the application
for Agency approval of a Federal agency certification plan must meet
the following additional requirements:
    (1) The Federal agency plan must have a provision that affirms
Federal agency certified applicators will comply with all applicable
State and Tribal pesticide laws and regulations of the jurisdiction in
which the restricted pesticide is being used when using restricted use
pesticides in States or Indian country, including any substantive State
or Tribal standards in regard to qualifications for commercial

applicator certification that exceed the Federal agency's standards.
    (2) The Federal agency plan must have a provision for the Federal
agency to notify the appropriate EPA regional office and State or
Tribal pesticide authority in the event of misuse or suspected misuse
of a restricted use pesticide by a Federal agency employee and any
pesticide exposure incident involving human or environmental harm that
may have been caused by an application of a restricted use pesticide
made by a Federal agency employee.
    (3) The Federal agency plan must have a provision for the Federal
agency to cooperate with the Agency and the State or Tribal pesticide
authority in any investigation or enforcement action undertaken in
connection with an application of a restricted use pesticide made by a
Federal agency employee.

Sec.  171.307  Certification of applicators in Indian country.

    All applicators of restricted use pesticides in Indian country must
hold a certification valid in that area of Indian country, or be
working under the direct supervision of a certified applicator whose
certification is valid in that area of Indian country. An Indian Tribe
may certify applicators of restricted use pesticides in Indian country
only pursuant to a certification plan approved by the Agency that meets
the requirements of paragraph (a) or (b) of this section. The Agency
may implement a Federal certification plan, pursuant to paragraph (c)
of this section and Sec.  171.311, for an area of Indian country not
covered by an approved plan.
    (a) An Indian Tribe may choose to allow persons holding currently
valid certifications issued under one or more specified State, Tribal,
or Federal agency certification plans to use restricted use pesticides
within the Tribe's Indian country.
    (1) A certification plan under paragraph (a) must consist of a
written agreement between the Tribe and the relevant EPA Region(s) that
contains the following information:
    (i) A detailed map or legal description of the area(s) of Indian
country covered by the plan.
    (ii) A listing of the State(s), Tribe(s) or Federal agency(ies)
upon whose certifications the Tribe will rely.
    (iii) A description of any Tribal law, regulation, or code relating
to application of restricted use pesticides in the covered area of
Indian country, including a citation to each applicable Tribal law,
regulation, or code.
    (iv) A description of the procedures and relevant authorities for
carrying out compliance monitoring under and enforcement of the plan,
including:
    (A) A description of the Agency and Tribal roles and procedures for
conducting inspections.
    (B) A description of the Agency and Tribal roles and procedures for
handling case development and enforcement actions and actions on
certifications, including procedures for exchange of information.
    (C) A description of the Agency and Tribal roles and procedures for
handling complaint referrals.
    (v) A description and copy of any separate agreements relevant to
administering the certification plan and carrying out related
compliance monitoring and enforcement activities. The description shall
include a listing of all parties involved in the separate agreement and
the respective roles, responsibilities, and relevant authorities of
those parties.
    (2) To the extent that an Indian Tribe is precluded from asserting
criminal enforcement authority, the Federal government will exercise
primary criminal enforcement authority for certification plans under
paragraph (a) of this section. The Tribe and the relevant EPA region(s)
shall develop a procedure whereby the Tribe will provide potential
investigative leads to EPA and/or other appropriate Federal agencies in
an appropriate and timely manner. This procedure shall encompass, at a
minimum, all circumstances in which the Tribe is incapable of
exercising relevant criminal enforcement requirements. This procedure
shall be included as part of the agreement between the Tribe and
relevant EPA Region(s) described in paragraph (a)(1) of this section.
    (3) A plan for the certification of applicators under paragraph (a)
of this section shall not be effective until the agreement between the
Tribe and the relevant EPA Region(s) has been signed by the Tribe and
the appropriate EPA Regional Administrator(s).
    (b) An Indian Tribe may choose to develop its own certification
plan for certifying private and commercial applicators to use or
supervise the use of restricted use pesticides.
    (1) A certification plan under paragraph (b) of this section shall
consist of a written plan submitted by the Tribe to the Agency for
approval that includes all of the following information:
    (i) A detailed map or legal description of the area(s) of Indian
country covered by the plan.
    (ii) A demonstration that the plan meets all requirements of Sec.
171.303 applicable to State plans, except that the Tribe's plan will
not be required to meet the requirements of Sec.  171.303(i)(3) with
respect to provisions for criminal penalties, or any other requirement
for assessing criminal penalties.
    (2) To the extent that an Indian Tribe is precluded from asserting
criminal enforcement authority, the Federal government will exercise
primary criminal enforcement authority for certification plans under
paragraph (b) of this section. The Tribe and the relevant EPA Region(s)
shall develop a procedure whereby the Tribe will provide potential
investigative leads to EPA and/or other appropriate Federal agencies in
an appropriate and timely manner. This procedure shall encompass, at a
minimum, all circumstances in which the Tribe is incapable of
exercising relevant criminal enforcement requirements and shall be
described in a memorandum of agreement signed by the Tribe and the
relevant EPA Regional Administrator(s).
    (3) A plan for the certification of applicators under paragraph (b)
of this section shall not be effective until the memorandum of
agreement required under paragraph (b)(2) of this section has been
signed by the Tribe and the relevant EPA Region(s) and the plan has
been approved by the Agency.
    (c) In any area of Indian country not covered by an approved
certification plan, the Agency may, in consultation with the Tribe(s)
affected, implement an EPA-administered certification plan under Sec.
171.311 for certifying private and commercial applicators to use or
supervise the use of restricted use pesticides.
    (1) Prior to publishing a notice of a proposed EPA-administered
certification plan for an area of Indian country in the Federal
Register for review and comment under Sec.  171.311(d)(3), the Agency
shall notify the relevant Indian Tribe(s) of EPA's intent to propose
the plan.
    (2) The Agency will not implement an EPA-administered certification
plan for any area of Indian country where, prior to the expiration of
the notice and comment period provided under Sec.  171.311(d)(3), the
chairperson or equivalent elected leader of the relevant Tribe provides
the Agency with a written statement of the Tribe's position that the
plan should not be implemented.

Sec.  171.309  Modification and withdrawal of certification plans.

    (a) Modifications to approved certification plans. A State, Tribe,
or Federal agency may make modifications to its approved certification
plan,

provided that all of the following conditions are met:
    (1) Determination of plan compliance. Before modifying an approved
certification plan, the State, Tribe, or Federal agency must determine
that the proposed modifications will not impair the certification
plan's compliance with the requirements of this part or any other
Federal laws or regulations.
    (2) Requirement for Agency notification. The State, Tribe, or
Federal agency must notify the Agency of any plan modifications within
90 days after the final State, Tribal, or Federal agency modifications
become effective or when it submits its required annual report to the
Agency, whichever occurs first.
    (3) Additional requirements for substantial modifications to
approved certification plans. Before making any substantial
modifications to an approved certification plan, the State, Tribe or
Federal agency must consult with the Agency and obtain Agency approval
of the proposed modifications. The Agency shall make a written
determination regarding the modified certification plan's compliance
with the requirements of this part. Substantial modifications include
the following:
    (i) Deletion of a mechanism for certification and/or
recertification.
    (ii) Establishment of a new private applicator subcategory,
commercial applicator category, or commercial applicator subcategory.
    (iii) Any other changes that the Agency has notified the State,
Tribal or Federal agency that the Agency considers to be substantial
modifications.
    (b) Withdrawal of approval. If at any time the Agency determines
that a State, Tribal, or Federal agency certification plan does not
comply with the requirements of this part or any other Federal laws or
regulations, or that a State, Tribal, or Federal agency is not
administering the certification plan as approved under this part, or
that a State is not carrying out a program adequate to ensure
compliance with FIFRA section 19(f), the Agency may withdraw approval
of the certification plan. Before withdrawing approval of a
certification plan, the Agency will notify the State, Tribal, or
Federal agency and provide the opportunity for an informal hearing. If
appropriate, the Agency may allow the State, Tribe, or Federal agency a
reasonable time, not to exceed 90 days, to take corrective action.

Sec.  171.311  EPA-administered applicator certification programs.

    (a) Applicability. This section applies in any State or area of
Indian country where there is no approved State or Tribal certification
plan in effect.
    (b) Certification requirement. In any State or area of Indian
country where EPA administers a certification plan, any person who uses
or supervises the use of any restricted use pesticide must meet one of
the following criteria:
    (1) A commercial applicator must be certified in each category and
subcategory, if any, and each application method, if any, as described
in the EPA-administered plan, for which the applicator is applying or
supervising the application of restricted use pesticides.
    (2) A private applicator must be certified, including in each
application method, if any, as described in the EPA-administered plan,
for which the applicator is applying or supervising the application of
restricted use pesticides.
    (3) A noncertified applicator may only use a restricted use
pesticide under the direct supervision of an applicator certified under
the EPA-administered plan, in accordance with the requirements in Sec.
171.201, and only for uses authorized by that certified applicator's
certification.
    (c) Implementation of EPA-administered plans in States. (1) In any
State where this section is applicable, the Agency, in consultation
with the Governor, may implement an EPA-administered plan for the
certification of applicators of restricted use pesticides.
    (2) Such a plan will meet the applicable requirements of Sec.
171.303. Prior to the implementation of the plan, the Agency will
publish in the Federal Register for review and comment a summary of the
proposed EPA-administered plan for the certification of applicators and
will generally make available copies of the proposed plan within the
State. The summary will include all of the following:
    (i) An outline of the proposed procedures and requirements for
private and commercial applicator certification and recertification.
    (ii) A description of the proposed categories and subcategories for
certification.
    (iii) A description of any proposed conditions for the recognition
of State, Tribal, or Federal agency certifications.
    (iv) An outline of the proposed arrangements for coordination and
communication between the Agency and the State regarding applicator
certifications and pesticide compliance monitoring and enforcement.
    (d) Implementation of EPA-administered plans in Indian country.
    (1) In any area of Indian country where this section is applicable,
and consistent with the provisions of Sec.  171.309(c), the Agency, in
consultation with the appropriate Indian Tribe(s), may implement a plan
for the certification of applicators of restricted use pesticides.
    (2) An EPA-administered plan may be implemented in the Indian
country of an individual Tribe or multiple Tribes located within a
specified geographic area.
    (3) Such a plan will meet the applicable requirements of Sec.
171.309(c). Prior to the implementation of the plan, the Agency will
publish in the Federal Register for review and comment a summary of the
proposed EPA-administered plan for the certification of applicators and
will generally make available copies of the proposed plan within the
area(s) of Indian country to be covered by the proposed plan. The
summary will include all of the following:
    (i) A description of the area(s) of Indian country to be covered by
the proposed plan.
    (ii) An outline of the proposed procedures and requirements for
private and commercial applicator certification and recertification.
    (iii) A description of the proposed categories and subcategories
for certification.
    (iv) A description of any proposed conditions for the recognition
of State, Tribal, or Federal agency certifications.
    (v) An outline of the proposed arrangements for coordination and
communication between the Agency and the relevant Tribe(s) regarding
applicator certifications and pesticide compliance monitoring and
enforcement.
    (e) Denial, suspension, modification, or revocation of a
certification. (1) The Agency may suspend all or part of a certified
applicator's certification issued under an EPA-administered plan or,
after opportunity for a hearing, may deny issuance of, or revoke or
modify, a certified applicator's certification issued under an EPA-
administered plan, if the Agency finds that the certified applicator
has been convicted under section 14(b) of the Act, has been subject to
a final order imposing a civil penalty under section 14(a) of the Act,
or has committed any of the following acts:
    (i) Used any registered pesticide in a manner inconsistent with its
labeling.
    (ii) Made available for use, or used, any registered pesticide
classified for restricted use other than in accordance with section
3(d) of the Act and any regulations promulgated thereunder.
    (iii) Refused to keep and maintain any records required pursuant to
this section.

    (iv) Made false or fraudulent records, invoices or reports.
    (v) Failed to comply with any limitations or restrictions on a
valid current certificate.
    (vi) Violated any other provision of the Act and the regulations
promulgated thereunder.
    (vii) Allowed a noncertified applicator to use a restricted use
pesticide in a manner inconsistent with the requirements in Sec.
171.201.
    (viii) Violated any provision of a State, Tribal or Federal agency
certification plan or its associated laws or regulations.
    (2) If the Agency intends to deny, revoke, or modify a certified
applicator's certification, the Agency will:
    (i) Notify the certified applicator of all of the following:
    (A) The ground(s) upon which the denial, revocation, or
modification is based.
    (B) The time period during which the denial, revocation or
modification is effective, whether permanent or otherwise.
    (C) The conditions, if any, under which the certified applicator
may become certified or recertified.
    (D) Any additional conditions the Agency may impose.
    (ii) Provide the certified applicator an opportunity to request an
informal hearing prior to final Agency action to deny, revoke or modify
the certification.
    (3) If a hearing is requested by a certified applicator pursuant to
paragraph (e)(2)(ii) of this section, the Agency will do all of the
following:
    (i) Notify the certified applicator of the legal and factual
grounds upon which the action to deny, revoke or modify the
certification is based.
    (ii) Provide the certified applicator an opportunity to offer
written statements of facts, explanations, comments and arguments
relevant to the proposed action.
    (iii) Provide the certified applicator such other procedural
opportunities as the Agency may deem appropriate to ensure a fair and
impartial hearing.
    (iv) Appoint an attorney in the Agency as Presiding Officer to
conduct the hearing. No person shall serve as Presiding Officer if he
or she has had any prior connection with the specific case.
    (4) The Presiding Officer appointed pursuant to paragraph
(e)(3)(iv) of this section shall do all of the following:
    (i) Conduct a fair, orderly and impartial hearing, without
unnecessary delay.
    (ii) Consider all relevant evidence, explanation, comment and
argument submitted to the Agency pursuant to paragraphs (e)(3)(ii) and
(iii) of this section.
    (iii) Promptly notify the parties of the final decision and order.
Such an order is a final Agency action subject to judicial review in
accordance with Section 16 of the Act.
    (5) If the Agency determines that the public health, interest or
welfare warrants immediate action to suspend the certified applicator's
certification, the Agency will do all of the following:
    (i) Notify the certified applicator of the ground(s) upon which the
suspension action is based.
    (ii) Notify the certified applicator of the time period during
which the suspension is effective.
    (iii) Notify the certified applicator of the Agency's intent to
revoke or modify the certification, as appropriate, in accord with
paragraph (e)(2) of this section. If such revocation or modification
notice has not previously been issued, it will be issued at the same
time the suspension notice is issued.
    (iv) In cases where the act constituting grounds for suspension of
a certification is neither willful nor contrary to the public interest,
health, or safety, the certified applicator may have additional
procedural rights under 5 U.S.C. 558(c).
    (6) Any notice, decision or order issued by the Agency under
paragraph (e) of this section, and any documents filed by a certified
applicator in a hearing under paragraph (e)(2)(ii) of this section,
shall be available to the public except as otherwise provided by
section 10 of the Act or by part 2 of this chapter. Any such hearing at
which oral testimony is presented shall be open to the public, except
that the Presiding Officer may exclude the public to the extent
necessary to allow presentation of information that may be entitled to
confidentiality under section 10 of the Act or under part 2 of this
chapter.
    (f) Restricted use pesticide dealer reporting and recordkeeping
requirements, availability of records, and failure to comply--(1)
Reporting requirements. Each restricted use pesticide retail dealer in
a State or area of Indian country where the Agency implements an EPA-
administered plan must do both of the following:
    (i) Report to the Agency the business name by which the restricted
use pesticide retail dealer operates and the name and business address
of each of his or her dealerships. This report must be submitted to the
appropriate EPA Regional office no later than sixty 60 days after the
EPA-administered plan becomes effective or 60 days after the date the
person becomes a restricted use pesticide retail dealer in an area
where an EPA-administered plan is in effect, whichever occurs later.
    (ii) Submit revisions to the initial report to the appropriate EPA
Regional office reflecting any name changes, additions or deletions of
dealerships. Revisions must be submitted to the appropriate EPA
Regional office within 10 days of the occurrence of such change,
addition or deletion.
    (2) Recordkeeping requirement. A restricted use pesticide retail
dealer is required to create and maintain records of each sale of
restricted use pesticides to any person, excluding transactions solely
between persons who are pesticide producers, registrants, wholesalers,
or retail sellers, acting only in those capacities. Each restricted use
pesticide retail dealer must maintain at each individual dealership
records of each transaction where a restricted use pesticide is
distributed or sold by that dealership to any person. Records of each
such transaction must be maintained for a period of 2 years after the
date of the transaction and must include all of the following
information:
    (i) Name and address of the residence or principal place of
business of each certified applicator to whom the restricted use
pesticide was distributed or sold, or if applicable, the name and
address of the residence or principal place of business of each
noncertified person to whom the restricted use pesticide was
distributed or sold, for application by a certified applicator.
    (ii) The certification number on the certification document
presented to the seller evidencing the valid certification of the
certified applicator authorized to purchase the restricted use
pesticide, the State, Tribe or Federal agency that issued the
certification document, the expiration date of the certified
applicator's certification, and the categories in which the certified
applicator is certified.
    (iii) The product name and EPA registration number of the
restricted use pesticide(s) distributed or sold in the transaction,
including any applicable emergency exemption or State special local
need registration number, if applicable.
    (iv) The quantity of the restricted use pesticide(s) distributed or
sold in the transaction.
    (v) The date of the transaction.
    (3) Availability of required records. Each restricted use pesticide
retail dealer must, upon request of any authorized officer or employee
of the Agency, or other authorized agent or person duly designated by
the Agency, furnish or permit such person at all reasonable times to
have access to and

copy all records required to be maintained under this section.
    (4) Failure to comply. Any person who fails to comply with the
provisions of this section may be subject to civil or criminal
sanctions, under section 14 of the Act, or 18 U.S.C. 1001.
    (g) Compliance date. The only EPA-administered certification plans
that will be effective after [date 60 days after date of publication of
the final rule in the Federal Register] are those approved by the
Administrator after [date 4 years and 60 days after date of publication
of the final rule in the Federal Register].

[FR Doc. 2015-19988 Filed 8-21-15; 8:45 am]
 BILLING CODE 6560-50-P