Search

Breaking Down EPA’s New Pesticide Applicator Requirements

Posted on 4/10/2017 by Anthony Cardno

On January 4, 2017, the Environmental Protection Agency (EPA) finalized a rule establishing new competency and recertification requirements for certified applicators of restricted use pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

The rule was initially set to take effect a few weeks ago, but since January, EPA has delayed the effective date twice—first until March 21, 2017 and now until May 22, 2017. Delays aside, the Final Rule will take effect eventually, so EHS managers responsible for FIFRA compliance should know what’s in it. Let’s take a look.  
 

FIFRA Background: 4 Categories of Pesticides

pesticide-applicators-(1).jpgFirst, EPA divides pesticides into four categories under FIFRA: general-use pesticides (which anyone can buy and use), restricted use (must be a certified applicator or under the supervision thereof), severely restricted (very limited uses allowed), and banned (illegal to have or use as a pesticide in the United States). This new rule applies to applicators of restricted-use pesticides. So what does the new rule entail?
 

Private Applicator Competency Standards – 40 CFR 171.105(a)

Private applicators (i.e., farmers and other agricultural growers) who apply restricted-use pesticides to their own land will now be subject to many of the same competency requirements as commercial applicators (those who apply pesticides on a for-hire basis). These will include:
 
  • “Core competency” standards.
  • Standards specifically applicable to pesticides used in agriculture.
  • Standards only relevant to private applicators.
In addition, the new rule expands requirements for proving competency. In this context, competency can include, but is not limited to, reading pesticide labels, identifying pests, selecting appropriate application procedures, and understanding the law and regulations. However, the new rule removes the previously existing “non-reader certification” option that allowed certification by oral exam (rather than written) to use a single pesticide product.
 

New Categories of Certification – 40 CFR 171.101 (k)–(o) and 171.105 (d)–(f)

In addition to the already existing ten categories of certification found at 40 CFR 171.3, the EPA is adding the following categories:
 
  • Aerial application
  • Soil fumigation
  • Non-soil fumigation
  • Sodium fluoroacetate dispensed through livestock protection collars
  • Sodium cyanide dispensed through mechanical ejection devices
Certifying authorities (i.e., State programs) are not required to adopt these new categories of certification, although they are highly encouraged to do so.
 

Recertification Standards and Intervals – 40 CFR 171.107

The EPA has now set a maximum recertification time frame of five years for both commercial and private applicators. Certifying authorities must develop a recertification program if one does not already exist. The program may include a testing component.
 

Non-Certified Applicators Under Supervision – 40 CFR 171.201

Non-certified applicators have always been allowed to apply restricted-use pesticides under the supervision of a certified applicator without needing to show core competency. The new rule requires non-certified applicators to show competency in one of four ways:
 
  • Complete specific training.
  • Satisfy handler requirements under EPA’s Agricultural Worker Protection Standard (WPS).
  • Satisfy State requirements if more stringent than Federal ones.
  • Be certified in the use of a different category.
The supervising applicator must verify that non-certified applicators meet the new competency requirements and keep records related to the training of non-certified applicators.
 

Minimum Age – 40 CFR 171.103 and 171.105

The new rule establishes 18 years as the minimum age to become a certified applicator or to be a non-certified applicator under the supervision of a certified applicator. Non-certified applicators under the supervision of a certified applicator may be 16 years of age if the certified applicator is a direct relation and certain other conditions are met.
 
The new rule had a Federal effective date of March 6, 2017, until a White House memorandum instructed Federal agencies, including EPA, to delay the effective dates of this and other Final Rules until March 21, 2017. Last week, EPA delayed the effective date further, until May 22, 2017, along with the effective dates for four other recent Final Rules. Unless rescinded or delayed again, once the new May 22 Federal effective date passes, states will be required to adopt the more stringent portions of this new rule.
 

Convenient, Effective Online EHS Manager Training

Managing site compliance with the many complex EPA programs that affect your business—from the Clean Air and Clean Water Acts to TSCA, EPCRA, CERLCA, and more—is a major challenge. If you’re new to the field, or need an update on changing EPA rules, online training is a convenient way to quickly build in-depth expertise. Check out the latest EPA compliance training options here:
 
Clean Air Act Regulations Online
TSCA Regulations Online
New! Clean Water Act & SDWA Regulations Online
Just Launched! Superfund and Right-to-Know Act Regulations Online 
 
The 2017 nationwide schedule for the Complete Environmental Regulations Workshop is now available. Collaborate with other managers to identify the requirements that apply to your facility, ask the right questions, and make the right decisions about EPA compliance.

Tags: EPA, FIFRA, new rules

Find a Post

Compliance Archives

Lion - Quotes

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

I can't say enough how pleased I was with this course! Everything finally makes sense.

Kim Graham

Lab Manager

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.

John Brown, CSP

Director of Safety & Env Affairs

My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.

Steven Erlandson

Environmental Coordinator

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

Download Our Latest Whitepaper

Spot and correct 4 of the most common universal waste errors before they result in a notice of violation during a Federal or state inspection.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.