Final EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides Within Indian Country; Notice of Implementation, 7185-7189 [2014-02564]
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Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Notices
The Administrator is to list those air
pollutants that in her ‘‘judgment, cause
or contribute to air pollution which may
reasonably be anticipated to endanger
public health or welfare;’’ ‘‘the presence
of which in the ambient air results from
numerous or diverse mobile or
stationary sources;’’ and ‘‘for which . . .
[the Administrator] plans to issue air
quality criteria . . .’’ Air quality criteria
are intended to ‘‘accurately reflect the
latest scientific knowledge useful in
indicating the kind and extent of all
identifiable effects on public health or
welfare which may be expected from the
presence of [a] pollutant in the ambient
air . . .’’ 42 U.S.C. 7408(b). Under
section 109 (42 U.S.C. 7409), the EPA
establishes primary (health-based) and
secondary (welfare-based) NAAQS for
pollutants for which air quality criteria
are issued. Section 109(d) requires
periodic review and, if appropriate,
revision of existing air quality criteria.
The EPA is also required to periodically
review and, if appropriate, revise the
NAAQS based on the revised criteria.
Section 109(d)(2) requires that an
independent scientific review
committee ‘‘shall complete a review of
the criteria . . . and the national
primary and secondary ambient air
quality standards . . . and shall
recommend to the Administrator any
new . . . standards and revisions of
existing criteria and standards as may be
appropriate. . . .’’ Since the early
1980’s, this independent review
function has been performed by the
Clean Air Scientific Advisory
Committee (CASAC).
Presently, the EPA is reviewing the
primary NAAQS for NO2.1 The draft
document, announced today, has been
developed as part of the planning phase
for the review. This phase began with a
science policy workshop to identify
issues and questions to frame the
review.2 Drawing from the workshop
discussions, the draft IRP has been
prepared jointly by EPA’s National
Center for Environmental Assessment,
within the Office of Research and
Development, and EPA’s Office of Air
Quality Planning and Standards, within
the Office of Air and Radiation.3 The
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1 The
EPA’s call for information for this review
was issued on February 10, 2012 (77 FR 7149).
2 The EPA held a workshop titled ‘‘Kickoff
Workshop to Inform EPA’s Review of the Primary
NO2 NAAQS’’ on February 29 to March 1, 2012 (77
FR 7149).
3 Prior to development of this draft IRP, EPA’s
National Center for Environmental Assessment
prepared a ‘‘Draft Plan for Development of the
Integrated Science Assessment for Nitrogen
Oxides—Health Criteria’’ for consultation with
CASAC (78 FR 26026; 78 FR 27234). Comments
received during that consultation have been
considered in preparation of the chapter on the
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draft IRP presents the current plan and
specifies the schedule for the entire
review, the process for conducting the
review, and the key policy-relevant
science issues that will guide the
review. This document will be available
on the EPA’s Technology Transfer
Network (TTN) Web site at https://
www.epa.gov/ttn/naaqs/standards/nox/
s_nox_index.html https://www.epa.gov/
ttn/naaqs/standards/pb/s_pb_
index.html, accessible in the
‘‘Documents from Current Review’’
section under ‘‘Planning Documents.’’
The draft IRP is being made available
for CASAC review and for public
comment. Comments should be
submitted to the docket, as described
above, by March 13, 2014. Information
about the CASAC review meeting on
this planning document, including the
dates and location, will be published as
a separate notice in the Federal
Register. The final IRP will be prepared
after considering comments from
CASAC and the public. This draft
document does not represent and
should not be construed to represent
any final EPA policy, viewpoint or
determination.
Dated: January 28, 2014.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2014–02607 Filed 2–5–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2011–0037; FRL–9904–18]
Final EPA Plan for the Federal
Certification of Applicators of
Restricted Use Pesticides Within
Indian Country; Notice of
Implementation
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In the Federal Register of
May 18, 2011, EPA issued a notice of
intent to implement a Federal program
to certify applicators of restricted use
pesticides (RUPs) in Indian country
where no other certification plan
applies. The program will be
administered by EPA. In that notice,
EPA solicited comments from the public
on EPA’s Proposed Federal Plan for
Certifying Applicators of Restricted Use
Pesticides within Indian Country (EPA
plan). EPA received comments from
four commenters. EPA also issued a
SUMMARY:
development of the integrated science assessment
in the draft IRP.
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7185
notice of intent to implement a similar
plan in EPA Region 8, the Proposed
Federal Plan for Certification of
Applicators of Restricted Use Pesticides
Within EPA Region 8 Indian Country
(EPA Region 8 plan) in the Federal
Register of April 20, 2011. EPA received
comments from seven commenters on
the EPA Region 8 plan. A complete
summary of the comments and the
Agency responses is available in the
docket. EPA has decided to merge these
plans into one EPA plan and hereby
implements the final EPA plan.
Applicators must hold the appropriate
Federal certification under the final EPA
plan to apply RUPs in Indian country
where no other EPA-approved or EPAimplemented certification plan applies.
FOR FURTHER INFORMATION CONTACT:
Nicole Zinn, Field and External Affairs
Division (7506P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–7076; email address:
zinn.nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This notice applies to individuals and
businesses who are seeking certification
to apply RUPs as defined by the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) in Indian country 1 where
no EPA-approved or EPA-implemented
plan applies. This action may, however,
be of interest to those involved in
agriculture and anyone involved with
the distribution and application of
pesticides for agricultural purposes.
Others involved with pesticides and/or
pest control applications in a nonagricultural setting may also be affected.
Since other entities may also be
interested, the Agency has not
attempted to describe all the specific
entities that may be affected by this
action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. How can I get copies of this document
and other related information?
The docket for this action, identified
by docket identification (ID) number
EPA–HQ–OPP–2011–0037, is available
at https://www.regulations.gov or at the
1 Indian country is defined at 18 U.S.C. 1151.
Consistent with the statutory definition of Indian
country, as well as Federal case law interpreting
this statutory language, EPA treats lands held by the
Federal Government in trust for Indian Tribes that
exist outside of formal reservations as informal
reservations, and thus as Indian country.
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Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Notices
Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the
Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets. The
final EPA plan and application form,
EPA Form 7100–01, to apply for Federal
certification under this final EPA plan
can be found in the docket and at
https://www2.epa.gov/pesticideapplicator-certification-indian-country.
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II. What action is the agency taking?
EPA is implementing a Federal
program to certify applicators of RUPs
in Indian country where no other EPAapproved or EPA-implemented plan
applies. This final EPA plan describes
the process by which EPA will
implement a program for the
certification of applicators of RUPs in
Indian country based upon the
certification requirements enumerated
at 40 CFR part 171. The entire final EPA
plan is included in the docket.
III. Background
Under FIFRA, 7 U.S.C. 136 et seq., the
EPA Administrator has the authority to
classify all registered pesticide uses as
either ‘‘restricted use’’ or ‘‘general use.’’
Under FIFRA, pesticides (or the
particular use or uses of a pesticide) that
may generally cause, without additional
regulatory restrictions, unreasonable
adverse effects on the environment,
including injury to the applicator, shall
be classified for ‘‘restricted use.’’ 7
U.S.C. 136a(d)(1)(C). If the classification
is made because of hazards to the
applicator or other persons, the
pesticide may only be applied by or
under the direct supervision of a
certified applicator. 7 U.S.C.
136a(d)(1)(C)(i), 136j(a)(2)(F). If the
classification is made because of
potential unreasonable adverse effects
on the environment, the pesticide may
only be applied by, or under the direct
supervision of, a certified applicator or
subject to such other restrictions as the
EPA Administrator may provide by
regulation. 7 U.S.C. 136a(d)(1)(C)(ii),
136j(a)(2)(F). To be certified, an
individual must be determined to be
competent with respect to the use and
handling of the pesticides covered by
the certification. 7 U.S.C 136i(a).
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It was the intent of Congress that
persons desiring to use RUPs should be
able to obtain certification under
programs approved by EPA, as reflected
in FIFRA sections 11 and 23. 7 U.S.C.
136i, 136u. The regulations addressing
tribal and State development and
submission of certification plans to EPA
are contained at 40 CFR part 171. It is
EPA’s position that tribal and State
plans are generally best suited to the
needs of that particular Tribe or State
and its citizens; however, Tribes and
States are not required to develop their
own plans. Where EPA has not
approved a State or tribal certification
plan, the Agency is authorized to
implement an EPA plan for the Federal
certification of applicators of RUPs
pursuant to FIFRA sections 11 and 23.
7 U.S.C. 136i, 136u; 40 CFR 171.11.
Most of Indian country is not covered
by an EPA-approved or EPAimplemented plan, and therefore,
applicators do not have a mechanism to
become certified. The current lack of
approved mechanisms for use of RUPs
in Indian country is a concern to EPA
for reasons of equity, safety, and
enforcement. EPA believes the same
pest control tools that are available in
State areas should also be available to
growers in Indian country. Lack of
access to these pesticides could put
growers in Indian country at an
economic disadvantage to growers in
States, who do have access to these
pesticides. Without access to
certification programs, applicators may
not have the competence needed to
safely use RUPs, nor would they be
legally allowed to use them.
Federal, State, and tribal governments
may impose additional, different
requirements on the purchase and
application of RUPs. Applicators are
encouraged to research these particular
requirements to determine how they
may affect their ability to purchase and
apply RUPs, and consider any
restrictions or requirements as they
decide if this EPA certification will
serve their needs.
IV. Summary of the Final EPA Plan
1. Applicability. EPA intends to
implement this final EPA plan in Indian
country, as defined in 18 U.S.C. 1151,
where no other EPA-approved or EPAimplemented plan applies.
2. Provisions of this EPA plan—a.
Why is EPA developing an EPA plan?
The EPA plan will allow the
certification of applicators and legal use
of RUPs in those parts of Indian country
where there are currently no
mechanisms in place for such
certification and use. RUPs cannot be
legally used in Indian country unless
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EPA has explicitly approved a
mechanism of certification for such an
area. EPA-approved State plans do not
cover use of RUPs in Indian country.
There are very few areas of Indian
country for which there are approved
non-Federal plans and only one area
that is currently covered under a
Federal plan.
b. To whom will the EPA plan apply?
The EPA plan will only apply to
persons who intend to apply RUPs in
Indian country not covered by another
EPA-approved or EPA-implemented
plan. Tribes may continue to pursue
options available under 40 CFR 171.10
for their areas of Indian country,
including seeking EPA approval of tribal
plans for such areas under 40 CFR
171.10(a)(2) or the utilization of a State’s
certification program under 40 CFR
171.10(a)(1). An option implemented
under 40 CFR 171.10 would replace this
final EPA plan for the relevant area of
Indian country.
Applicators must hold the appropriate
Federal certification under this final
EPA plan to apply RUPs in Indian
country where no other EPA-approved
or EPA-implemented certification plan
applies. During the 6-months after
publication of this notice announcing
this final EPA plan, EPA will allow
applicators to apply RUPs under the
final EPA plan in Indian country only
for the categories for which they already
have a valid State, tribal, or Federal
certificate 2 if they submit a complete
application to the relevant EPA Region
showing proof of a valid State, tribal, or
Federal certification.3 Beginning August
6, 2014, applicators who are covered
under this EPA plan and have not
received a written Federal certification
from the relevant EPA Region are
prohibited from applying RUPs in
Indian country located in that EPA
Region. Failure to hold the appropriate
Federal certification after August 6,
2014 may result in Federal enforcement
action in accordance with FIFRA
section 12(a)(2)(F).
c. Certification procedures. The
appropriate EPA regional office will
administer this EPA plan for each
covered area of Indian country. To
become certified to use RUPs in Indian
country, applicators must submit an
2 Please see section IX of the EPA plan for
applicator categories recognized under the EPA
plan, as there are exceptions for sodium cyanide
capsules used with ejector devices and sodium
fluoroacetate used in livestock protection collars.
These exceptions will also apply during the 6months after publication of this notice announcing
the final EPA plan.
3 Although predicated in part on the applicator’s
existing valid certification, any use permitted under
this EPA plan is allowed by and will be enforced
only under Federal authority.
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application form, EPA Form 7100–01, to
the EPA regional office that covers the
Indian country where they wish to
apply RUPs, as well as proof of the valid
Federal, State, or tribal certification
upon which their Federal certification
will be based. The final EPA plan and
form to apply for Federal certification
under the final EPA plan can be found
in the docket (see Unit I.B. of this
notice) and on EPA’s Web site at https://
www2.epa.gov/pesticide-applicatorcertification-indian-country.
The certification on which the Federal
certificate will be based must be from a
State or Tribe with a contiguous
boundary to the relevant area of Indian
country.4 The EPA regional offices also
have limited discretion to allow Federal
certification under the final EPA plan
based on a valid certification from
another nearby State or Tribe that is not
directly contiguous to the area of Indian
country at issue. The Federal
certification based on a valid Federal,
State, or tribal certification, will expire
when the underlying Federal, tribal, or
State certificate expires, unless the
certificate is suspended or revoked.
In lieu of submitting proof of a valid
Federal, State, or tribal certification,
private applicators also have the option
of completing the online training
developed by EPA. An interim option to
use available State training to obtain
private applicator certification in lieu of
a valid Federal, State, or tribal
certificate was developed and included
in the plan and on the application form
for private applicator certification.
However, since EPA has developed
online training, this option will not be
used while the online training is
available. Federal certification under
this option is valid for 4 years from the
date of issuance, unless suspended or
revoked.
d. Applicator categories. EPA will
recognize the categories authorized in
the Federal, State, or tribal certification
upon which the Federal certification is
based, and applicators will be
authorized to apply RUPs in Indian
country for uses covered by those
categories. See Unit VI. of this notice for
specific information on categories for
sodium cyanide capsules used with
ejector devices for livestock predator
control and for sodium fluoroacetate
used in livestock protection collars.
e. Implementation. EPA will
administer routine maintenance
activities associated with
implementation of this final EPA plan
4 The area of Indian country where the applicator
intends to apply must be within, or the border must
be touching, the State or Tribe that issued the
underlying Federal, tribal, or State certificate.
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(e.g., application processing, database
management, recordkeeping) and will
conduct inspections and take
enforcement actions as appropriate.
V. Response to Comments
EPA received comments from the
Tribal Pesticide Program Council
(TPPC); Cherokee Nation; Kashia Band
of Pomo Indians; the U.S. Department of
Agriculture (USDA), Animal and Plant
Health Inspection Service (APHIS); the
Colorado Department of Agriculture; the
Montana Department of Agriculture;
and some pesticide applicators. EPA
sought comment on several topics for
the proposed EPA plan and the
proposed EPA Region 8 plan: Issuing
Federal certification to applicators with
certificates from contiguous States or
Tribes, a request to include a
notification provision in the EPA plan,
the private applicator certification
option, and a suggestion from the Tribes
to include an opt-out provision in the
EPA plan.
All comments on these issues, as well
as additional comments received, and
EPA’s responses are available in the
docket. EPA has also made changes to
the final EPA plan based on some of the
comments received. These changes are
described in Unit VI. of this notice.
VI. Highlights of Changes Made in the
Final EPA Plan
EPA adjusted the final EPA plan
based on questions and comments
received on the proposed EPA plan.
Below are some noteworthy
clarifications. Please refer to the
Response to Comments document and
the final EPA plan for details.
A. Change to Title
The title of the final EPA plan has
been changed from ‘‘Federal Plan for
Certification of Applicators of Restricted
Use Pesticides within Indian Country’’
to ‘‘EPA Plan for the Federal
Certification of Applicators of Restricted
Use Pesticides within Indian Country’’
to align it with 40 CFR 171.11 and to
differentiate it from non-EPA Federal
agency plans. EPA also merged the EPA
Region 8 plan with this final EPA plan
since the plans were very similar in
nature and goals. Indeed, the EPA
Region 8 plan, which was developed
first, was the basis for the national EPA
plan. Further, the two plans ended up
with similar expected timeframes for
implementation.
B. Notification of Tribes Prior to RUP
Use
The Agency received comments
suggesting the inclusion of a provision
in the final EPA plan that would require
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applicators to notify a Tribe prior to
application of RUPs in their Indian
country. Further, it was suggested that
EPA should create an ‘‘opt-in’’ process
for Indian Tribes that want to be
notified in advance of an RUP
application on their land. Tribes that
wanted notification prior to RUP use
would be expected to identify a contact
person to whom advance notification of
a pesticide application should be
provided. The commenters also believed
EPA should develop a form for
applicators to use to notify the Tribes
about proposed pesticide applications.
It was also requested that EPA make
a database publicly available that lists
applicators with their contact
information and current certifications
by State and EPA Region. The database
would provide Indian Tribes with a
better sense as to the applicators with
Federal certificates who might
potentially apply RUPs in their Indian
country.
While some commenters pointed to
the notification process for soil
fumigants as a precedent for EPA
requiring notification of Tribes prior to
the application of RUPs, the justification
and authorities that supported the
notification requirements for soil
fumigants are not available to support
applicator notification requirements
under a Federal certification plan. In the
case of the soil fumigants, notification is
required as part of the reregistration risk
mitigation decision to assure the soil
fumigants meet the FIFRA registration
standard. EPA generally has not made
that determination for other RUPs.
Under FIFRA section 11, which
provides the authority for issuing
Federal certification plans, rulemaking
is the mechanism required for
commercial applicator reporting, which
would include a notification
requirement. Additionally, FIFRA
section 11 does not provide EPA
authority to require any reporting from,
or recordkeeping by, private applicators.
Development of a rulemaking to require
commercial applicators to notify Tribes
prior to RUP application could take
several years. EPA does not believe that
we should delay the benefits of
proceeding with the final EPA plan
while rulemaking is considered to
require commercial applicators to notify
Tribes prior to use. Therefore, EPA will
proceed with finalizing this EPA plan at
this time. As the Agency gains
experience implementing the final EPA
plan, the Agency will re-evaluate if
rulemaking to implement a tribal
notification requirement is advisable or
needed.
In the meantime, to assist Tribes in
identifying and communicating directly
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with applicators certified under this
final EPA plan, EPA will implement the
suggestion to make a database publicly
available that lists applicators (with
their location and current certifications)
by State upon which the Federal
certification is based. EPA expects to
implement this recommendation by
posting a list of federally certified
applicators at https://www2.epa.gov/
pesticide-applicator-certificationindian-country.
EPA also recognizes that tribal
notification requirements may exist
under tribal law. Federal certifications
issued by EPA under this EPA plan will
explicitly inform applicators that they
should take steps to determine if there
are additional requirements under tribal
law for RUP application, including
tribal notification requirements.
C. Private Applicator Option
EPA sought comment on the proposed
private applicator ‘‘no-test’’ certification
option required by FIFRA section 11.
There was a concern raised that it may
be difficult for an applicator to obtain
the training necessary to apply for a
private applicator certification if not
relying on the State certification. In
addition, several commenters were
concerned that the training that
pesticide applicators receive through
States does not specifically require
applicators to demonstrate that they are
competent to apply pesticides in Indian
country. Also, commenters stated that
EPA-approved training should include a
discussion of tribal government, cultural
practices, natural resources, examples of
tribal regulations, information about the
Web site identifying Tribes that want to
be notified prior to a RUP application,
and other pertinent tribal information.
The Agency revised the private
applicator certification option. For
individuals seeking certification as a
private applicator under the final EPA
plan, EPA will exercise its authority
contained in 40 CFR 171.11(d)(1) and (e)
to issue certifications if the applicator
completes one of two requirements:
1. The applicator may submit
documentation of a current and valid
certification as a private applicator
authorized to apply federally designated
RUPs through a Federal plan or an EPAapproved State or tribal plan with a
contiguous boundary to the relevant
area of Indian country. The EPA Region
also has limited discretion to allow
certification under the plan based on a
valid certification from another nearby
State or Tribe that is not directly
contiguous to the area of Indian country
at issue.
2. The applicator may submit
documentation of completion of the
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online training course provided by EPA.
An interim option to use available State
training to obtain private applicator
certification in lieu of a valid
certification was developed and
included on the application form for
private applicator certification. Since
EPA has developed online training, this
option will not be used while the online
training is available.
EPA did not include in the online
training all of the information relevant
to Indian country requested by
commenters because of the many
differences among federally recognized
Tribes. Rather, EPA indicates that Tribes
may have more stringent requirements
and refers applicators to the relevant
Tribe(s) for details.
a. Length of certification. A private
applicator certificate issued under the
first option will expire at the expiration
date of the underlying certificate, unless
suspended or revoked. A private
applicator certificate issued under the
second option is valid for 4 years.
b. Renewal/recertification.
Applicators may apply to be recertified
through the options listed in the final
EPA plan during the 12 months
preceding the expiration of their current
certificate.
D. Categories for Sodium Cyanide
Capsules Used With Ejector Devices and
Sodium Fluoroacetate Livestock
Protection Collars
While a written comment was not
submitted on either of the proposed
plans, several States noted during
meetings that they would be interested
in becoming registrants on behalf of a
Tribe, if the Tribes are interested in
allowing the sodium cyanide capsules
used with ejector devices or sodium
fluoroacetate used in livestock
protection collars to be used within
their Indian country. States questioned
how applications of these products will
occur if Tribes do not have a pesticide
program and cannot monitor the usage
in their Indian country, making them
ineligible to become a registrant.
States cannot serve as a registrant of
these products on behalf of an Indian
Tribe. Under the terms of the
registrations for sodium cyanide
capsules used with ejector devices and
sodium fluoroacetate used in livestock
protection collars, the registrant of these
products must be able to supervise the
use, and enforce against the misuse, of
the product. Since the registrant needs
to be able to supervise the use and
enforce against the misuse of the
product, it would not be appropriate for
the State to act as a registrant, since
States are not generally approved to
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administer programs in Indian country
under FIFRA.
Because a registrant of one of these
products must have the ability to
provide a supervisory role in the
application of these products and be
able to inspect and enforce against any
misapplication of the product (see the
Federal Register of February 10, 1977
(42 FR 8406)), some Tribes will not have
the capacity to serve as a registrant of
these products. If a Tribe is not in a
position to serve as the registrant but
would like to allow use of these
products, that Tribe could work with
APHIS, which is the only Federal
agency that is currently a registrant of
these products. APHIS employees, once
certified under the EPA plan, can apply
sodium cyanide capsules used with
ejector devices and sodium
fluoroacetate used in livestock
protection collars within the relevant
Indian Tribe’s Indian country. EPA
expects that an agreement between the
Tribe and APHIS that includes
application of sodium cyanide capsules
used with ejector devices and sodium
fluoroacetate used in livestock
protection collars will be in effect prior
to any application. If another Federal
agency were to become a registrant for
one or both of these products, it is likely
there could be a similar arrangement
between that Federal agency and a Tribe
seeking applications of these products.
E. Private Applicator Categories
Several States asked if EPA would
allow categories in the Federal plan for
private applicators. EPA clarified that
the private applicator Federal certificate
will reflect any categories found in the
underlying certificate used to
demonstrate applicator competence. For
both private and commercial
certifications, EPA recognizes that
underlying certificates issued pursuant
to different State, tribal, and Federal
plans may have different categories, and
therefore the categories recognized by
the EPA will not be uniform.
VII. Consultation With Tribal
Governments
Given the absence of an EPAapproved certification program in areas
of Indian country, EPA, consistent with
its statutory authorities and the Federal
government’s trust responsibility to
federally recognized Tribes, has worked
with Tribes on a government-togovernment basis to develop a
certification program that will help
ensure the protection of human health
and the environment in Indian country.
EPA consulted with Tribes on
November 29 and December 13, 2010, to
help ensure development of a Federal
E:\FR\FM\06FEN1.SGM
06FEN1
Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Notices
plan that effectively meets their needs
and those of RUP applicators in Indian
country. EPA Region 8 also held three
formal consultations with the Tribes in
EPA Region 8. In addition to the
consultations dedicated specifically to
this EPA plan, EPA has also worked
closely with the TPPC while developing
this EPA plan.
EPA developed the Federal plan in
consultation with Tribes consistent
with, among other things, the following
policies, orders, and guidance: ‘‘EPA
Policy for the Administration of
Environmental Programs on Indian
Reservations,’’ November 8, 1984;
‘‘Guidance on the Enforcement
Principles Outlined in the 1984 Indian
Policy,’’ January 17, 2001; Executive
Order 13175, ‘‘Consultation and
Coordination With Indian Tribal
Governments,’’ November 6, 2000,
which was reaffirmed by Presidential
memorandum, ‘‘Tribal Consultation,’’
November 5, 2009; and the ‘‘EPA Policy
on Consultation and Coordination With
Indian Tribes,’’ May 4, 2011.
mstockstill on DSK4VPTVN1PROD with NOTICES
VIII. Paperwork Reduction Act
18:18 Feb 05, 2014
Jkt 232001
Dated: January 31, 2014.
James Jones,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2014–02564 Filed 2–5–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9906–31–Region–2]
Proposed CERCLA Settlements
Relating to the Sherwin-Williams Site
in Gibbsboro, Camden County, New
Jersey
Environmental Protection
Agency.
ACTION: Notice of proposed
administrative settlement and
opportunity for public comment.
AGENCY:
In accordance with Section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as amended (‘‘CERCLA’’), notice
is hereby given by the U.S.
Environmental Protection Agency
(‘‘EPA’’), Region 2, of a proposed
Administrative Settlement Agreement
for Recovery of Past Response Costs
(‘‘Agreement’’) pursuant to Section
122(h)(1) of CERCLA with the SherwinWilliams Company (‘‘Settling Party’’).
The Settling Party is a potentially
responsible party, pursuant to Section
107(a) of CERCLA, and thus is
potentially liable for response costs
incurred at or in connection with the
Sherwin-Williams Site (‘‘Site’’), located
in Gibbsboro, Camden County, New
Jersey. Under the Agreement, the
Settling Party agrees to pay a total of
$104,000.00 to EPA for past response
costs. EPA will consider all comments
received and may modify or withdraw
its consent to the Agreement if
comments received disclose facts or
considerations that indicate that the
proposed Agreement is inappropriate,
improper, or inadequate. EPA’s
response to any comments received will
be available for public inspection at
EPA Region 2 offices, 290 Broadway,
New York, New York 10007–1866.
DATES: Comments must be provided by
March 10, 2014.
ADDRESSES: The Agreement is available
for public inspection at EPA Region 2
offices at 290 Broadway, New York,
New York 10007–1866. Comments
SUMMARY:
Pursuant to the Paperwork Reduction
Act (PRA) (44 U.S.C.3501 et seq.), the
information collection activities
described in this notice and the revised
Information Collection Request (ICR),
OMB Control No. 2070–0029, were
approved by the Office of Management
and Budget. As part of this process, EPA
proposed to implement a revised form
designed specifically for pesticide
applicators who wish to be certified in
Indian country. EPA estimates the
paperwork burden associated with
completing this form to be 10 minutes
per response. Under PRA, ‘‘burden’’
means the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, disclose or
provide information to or for a Federal
agency. For this collection it includes
the time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. The
information collection activities and the
form are included in a separate docket.
See https://www.regulations.gov, docket
ID number EPA–HQ–OPP–2010–0723.
VerDate Mar<15>2010
List of Subjects
Environmental protection, Business
and industry, Education, Indians-lands,
Indians-tribal government, Pesticides
and pests.
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
7189
should reference the Sherwin-Williams
Site, located in Gibbsboro, Camden
County, New Jersey, Index Nos.
CERCLA–02–2014–2002. To request a
copy of the Agreements, please contact
the EPA employee identified below.
FOR FURTHER INFORMATION CONTACT: Carl
Howard, Assistant Regional Counsel,
New Jersey Superfund Branch, Office of
Regional Counsel, U.S. Environmental
Protection Agency, 290 Broadway—17th
Floor, New York, New York 10007–
1866. Telephone: 212–637–3216, email
at howard.carl@epa.gov.
Dated: January 15, 2014.
Walter E. Mugdan,
Director, Emergency and Remedial Response
Division.
[FR Doc. 2014–02608 Filed 2–5–14; 8:45 am]
BILLING CODE 6560–50–P
FARM CREDIT ADMINISTRATION
Farm Credit Administration Board;
Sunshine Act; Regular Meeting
Farm Credit Administration.
Notice is hereby given,
pursuant to the Government in the
Sunshine Act, of the regular meeting of
the Farm Credit Administration Board
(Board).
DATE AND TIME: The regular meeting of
the Board will be held at the offices of
the Farm Credit Administration in
McLean, Virginia, on February 13, 2014,
from 9:00 a.m. until such time as the
Board concludes its business.
FOR FURTHER INFORMATION CONTACT: Dale
L. Aultman, Secretary to the Farm
Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
ADDRESSES: Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090. Submit
attendance requests via email to
VisitorRequest@FCA.gov. See
SUPPLEMENTARY INFORMATION for further
information about attendance requests.
SUPPLEMENTARY INFORMATION: Parts of
this meeting of the Board will be open
to the public (limited space available),
and parts will be closed to the public.
Please send an email to VisitorRequest@
FCA.gov at least 24 hours before the
meeting. In your email include: Name,
postal address, entity you are
representing (if applicable), and
telephone number. You will receive an
email confirmation from us. Please be
prepared to show a photo identification
when you arrive. If you need assistance
for accessibility reasons, or if you have
any questions, contact Dale L. Aultman,
Secretary to the Farm Credit
Administration Board, at (703) 883–
AGENCY:
SUMMARY:
E:\FR\FM\06FEN1.SGM
06FEN1
Agencies
[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Notices]
[Pages 7185-7189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02564]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2011-0037; FRL-9904-18]
Final EPA Plan for the Federal Certification of Applicators of
Restricted Use Pesticides Within Indian Country; Notice of
Implementation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In the Federal Register of May 18, 2011, EPA issued a notice
of intent to implement a Federal program to certify applicators of
restricted use pesticides (RUPs) in Indian country where no other
certification plan applies. The program will be administered by EPA. In
that notice, EPA solicited comments from the public on EPA's Proposed
Federal Plan for Certifying Applicators of Restricted Use Pesticides
within Indian Country (EPA plan). EPA received comments from four
commenters. EPA also issued a notice of intent to implement a similar
plan in EPA Region 8, the Proposed Federal Plan for Certification of
Applicators of Restricted Use Pesticides Within EPA Region 8 Indian
Country (EPA Region 8 plan) in the Federal Register of April 20, 2011.
EPA received comments from seven commenters on the EPA Region 8 plan. A
complete summary of the comments and the Agency responses is available
in the docket. EPA has decided to merge these plans into one EPA plan
and hereby implements the final EPA plan. Applicators must hold the
appropriate Federal certification under the final EPA plan to apply
RUPs in Indian country where no other EPA-approved or EPA-implemented
certification plan applies.
FOR FURTHER INFORMATION CONTACT: Nicole Zinn, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 308-7076; email address:
zinn.nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This notice applies to individuals and businesses who are seeking
certification to apply RUPs as defined by the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) in Indian country \1\ where no
EPA-approved or EPA-implemented plan applies. This action may, however,
be of interest to those involved in agriculture and anyone involved
with the distribution and application of pesticides for agricultural
purposes. Others involved with pesticides and/or pest control
applications in a non-agricultural setting may also be affected. Since
other entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
---------------------------------------------------------------------------
\1\ Indian country is defined at 18 U.S.C. 1151. Consistent with
the statutory definition of Indian country, as well as Federal case
law interpreting this statutory language, EPA treats lands held by
the Federal Government in trust for Indian Tribes that exist outside
of formal reservations as informal reservations, and thus as Indian
country.
---------------------------------------------------------------------------
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0037, is available at https://www.regulations.gov or at the
[[Page 7186]]
Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in
the Environmental Protection Agency Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
OPP Docket is (703) 305-5805. Please review the visitor instructions
and additional information about the docket available at https://www.epa.gov/dockets. The final EPA plan and application form, EPA Form
7100-01, to apply for Federal certification under this final EPA plan
can be found in the docket and at https://www2.epa.gov/pesticide-applicator-certification-indian-country.
II. What action is the agency taking?
EPA is implementing a Federal program to certify applicators of
RUPs in Indian country where no other EPA-approved or EPA-implemented
plan applies. This final EPA plan describes the process by which EPA
will implement a program for the certification of applicators of RUPs
in Indian country based upon the certification requirements enumerated
at 40 CFR part 171. The entire final EPA plan is included in the
docket.
III. Background
Under FIFRA, 7 U.S.C. 136 et seq., the EPA Administrator has the
authority to classify all registered pesticide uses as either
``restricted use'' or ``general use.'' Under FIFRA, pesticides (or the
particular use or uses of a pesticide) that may generally cause,
without additional regulatory restrictions, unreasonable adverse
effects on the environment, including injury to the applicator, shall
be classified for ``restricted use.'' 7 U.S.C. 136a(d)(1)(C). If the
classification is made because of hazards to the applicator or other
persons, the pesticide may only be applied by or under the direct
supervision of a certified applicator. 7 U.S.C. 136a(d)(1)(C)(i),
136j(a)(2)(F). If the classification is made because of potential
unreasonable adverse effects on the environment, the pesticide may only
be applied by, or under the direct supervision of, a certified
applicator or subject to such other restrictions as the EPA
Administrator may provide by regulation. 7 U.S.C. 136a(d)(1)(C)(ii),
136j(a)(2)(F). To be certified, an individual must be determined to be
competent with respect to the use and handling of the pesticides
covered by the certification. 7 U.S.C 136i(a).
It was the intent of Congress that persons desiring to use RUPs
should be able to obtain certification under programs approved by EPA,
as reflected in FIFRA sections 11 and 23. 7 U.S.C. 136i, 136u. The
regulations addressing tribal and State development and submission of
certification plans to EPA are contained at 40 CFR part 171. It is
EPA's position that tribal and State plans are generally best suited to
the needs of that particular Tribe or State and its citizens; however,
Tribes and States are not required to develop their own plans. Where
EPA has not approved a State or tribal certification plan, the Agency
is authorized to implement an EPA plan for the Federal certification of
applicators of RUPs pursuant to FIFRA sections 11 and 23. 7 U.S.C.
136i, 136u; 40 CFR 171.11.
Most of Indian country is not covered by an EPA-approved or EPA-
implemented plan, and therefore, applicators do not have a mechanism to
become certified. The current lack of approved mechanisms for use of
RUPs in Indian country is a concern to EPA for reasons of equity,
safety, and enforcement. EPA believes the same pest control tools that
are available in State areas should also be available to growers in
Indian country. Lack of access to these pesticides could put growers in
Indian country at an economic disadvantage to growers in States, who do
have access to these pesticides. Without access to certification
programs, applicators may not have the competence needed to safely use
RUPs, nor would they be legally allowed to use them.
Federal, State, and tribal governments may impose additional,
different requirements on the purchase and application of RUPs.
Applicators are encouraged to research these particular requirements to
determine how they may affect their ability to purchase and apply RUPs,
and consider any restrictions or requirements as they decide if this
EPA certification will serve their needs.
IV. Summary of the Final EPA Plan
1. Applicability. EPA intends to implement this final EPA plan in
Indian country, as defined in 18 U.S.C. 1151, where no other EPA-
approved or EPA-implemented plan applies.
2. Provisions of this EPA plan--a. Why is EPA developing an EPA
plan? The EPA plan will allow the certification of applicators and
legal use of RUPs in those parts of Indian country where there are
currently no mechanisms in place for such certification and use. RUPs
cannot be legally used in Indian country unless EPA has explicitly
approved a mechanism of certification for such an area. EPA-approved
State plans do not cover use of RUPs in Indian country. There are very
few areas of Indian country for which there are approved non-Federal
plans and only one area that is currently covered under a Federal plan.
b. To whom will the EPA plan apply? The EPA plan will only apply to
persons who intend to apply RUPs in Indian country not covered by
another EPA-approved or EPA-implemented plan. Tribes may continue to
pursue options available under 40 CFR 171.10 for their areas of Indian
country, including seeking EPA approval of tribal plans for such areas
under 40 CFR 171.10(a)(2) or the utilization of a State's certification
program under 40 CFR 171.10(a)(1). An option implemented under 40 CFR
171.10 would replace this final EPA plan for the relevant area of
Indian country.
Applicators must hold the appropriate Federal certification under
this final EPA plan to apply RUPs in Indian country where no other EPA-
approved or EPA-implemented certification plan applies. During the 6-
months after publication of this notice announcing this final EPA plan,
EPA will allow applicators to apply RUPs under the final EPA plan in
Indian country only for the categories for which they already have a
valid State, tribal, or Federal certificate \2\ if they submit a
complete application to the relevant EPA Region showing proof of a
valid State, tribal, or Federal certification.\3\ Beginning August 6,
2014, applicators who are covered under this EPA plan and have not
received a written Federal certification from the relevant EPA Region
are prohibited from applying RUPs in Indian country located in that EPA
Region. Failure to hold the appropriate Federal certification after
August 6, 2014 may result in Federal enforcement action in accordance
with FIFRA section 12(a)(2)(F).
---------------------------------------------------------------------------
\2\ Please see section IX of the EPA plan for applicator
categories recognized under the EPA plan, as there are exceptions
for sodium cyanide capsules used with ejector devices and sodium
fluoroacetate used in livestock protection collars. These exceptions
will also apply during the 6-months after publication of this notice
announcing the final EPA plan.
\3\ Although predicated in part on the applicator's existing
valid certification, any use permitted under this EPA plan is
allowed by and will be enforced only under Federal authority.
---------------------------------------------------------------------------
c. Certification procedures. The appropriate EPA regional office
will administer this EPA plan for each covered area of Indian country.
To become certified to use RUPs in Indian country, applicators must
submit an
[[Page 7187]]
application form, EPA Form 7100-01, to the EPA regional office that
covers the Indian country where they wish to apply RUPs, as well as
proof of the valid Federal, State, or tribal certification upon which
their Federal certification will be based. The final EPA plan and form
to apply for Federal certification under the final EPA plan can be
found in the docket (see Unit I.B. of this notice) and on EPA's Web
site at https://www2.epa.gov/pesticide-applicator-certification-indian-country.
The certification on which the Federal certificate will be based
must be from a State or Tribe with a contiguous boundary to the
relevant area of Indian country.\4\ The EPA regional offices also have
limited discretion to allow Federal certification under the final EPA
plan based on a valid certification from another nearby State or Tribe
that is not directly contiguous to the area of Indian country at issue.
The Federal certification based on a valid Federal, State, or tribal
certification, will expire when the underlying Federal, tribal, or
State certificate expires, unless the certificate is suspended or
revoked.
---------------------------------------------------------------------------
\4\ The area of Indian country where the applicator intends to
apply must be within, or the border must be touching, the State or
Tribe that issued the underlying Federal, tribal, or State
certificate.
---------------------------------------------------------------------------
In lieu of submitting proof of a valid Federal, State, or tribal
certification, private applicators also have the option of completing
the online training developed by EPA. An interim option to use
available State training to obtain private applicator certification in
lieu of a valid Federal, State, or tribal certificate was developed and
included in the plan and on the application form for private applicator
certification. However, since EPA has developed online training, this
option will not be used while the online training is available. Federal
certification under this option is valid for 4 years from the date of
issuance, unless suspended or revoked.
d. Applicator categories. EPA will recognize the categories
authorized in the Federal, State, or tribal certification upon which
the Federal certification is based, and applicators will be authorized
to apply RUPs in Indian country for uses covered by those categories.
See Unit VI. of this notice for specific information on categories for
sodium cyanide capsules used with ejector devices for livestock
predator control and for sodium fluoroacetate used in livestock
protection collars.
e. Implementation. EPA will administer routine maintenance
activities associated with implementation of this final EPA plan (e.g.,
application processing, database management, recordkeeping) and will
conduct inspections and take enforcement actions as appropriate.
V. Response to Comments
EPA received comments from the Tribal Pesticide Program Council
(TPPC); Cherokee Nation; Kashia Band of Pomo Indians; the U.S.
Department of Agriculture (USDA), Animal and Plant Health Inspection
Service (APHIS); the Colorado Department of Agriculture; the Montana
Department of Agriculture; and some pesticide applicators. EPA sought
comment on several topics for the proposed EPA plan and the proposed
EPA Region 8 plan: Issuing Federal certification to applicators with
certificates from contiguous States or Tribes, a request to include a
notification provision in the EPA plan, the private applicator
certification option, and a suggestion from the Tribes to include an
opt-out provision in the EPA plan.
All comments on these issues, as well as additional comments
received, and EPA's responses are available in the docket. EPA has also
made changes to the final EPA plan based on some of the comments
received. These changes are described in Unit VI. of this notice.
VI. Highlights of Changes Made in the Final EPA Plan
EPA adjusted the final EPA plan based on questions and comments
received on the proposed EPA plan. Below are some noteworthy
clarifications. Please refer to the Response to Comments document and
the final EPA plan for details.
A. Change to Title
The title of the final EPA plan has been changed from ``Federal
Plan for Certification of Applicators of Restricted Use Pesticides
within Indian Country'' to ``EPA Plan for the Federal Certification of
Applicators of Restricted Use Pesticides within Indian Country'' to
align it with 40 CFR 171.11 and to differentiate it from non-EPA
Federal agency plans. EPA also merged the EPA Region 8 plan with this
final EPA plan since the plans were very similar in nature and goals.
Indeed, the EPA Region 8 plan, which was developed first, was the basis
for the national EPA plan. Further, the two plans ended up with similar
expected timeframes for implementation.
B. Notification of Tribes Prior to RUP Use
The Agency received comments suggesting the inclusion of a
provision in the final EPA plan that would require applicators to
notify a Tribe prior to application of RUPs in their Indian country.
Further, it was suggested that EPA should create an ``opt-in'' process
for Indian Tribes that want to be notified in advance of an RUP
application on their land. Tribes that wanted notification prior to RUP
use would be expected to identify a contact person to whom advance
notification of a pesticide application should be provided. The
commenters also believed EPA should develop a form for applicators to
use to notify the Tribes about proposed pesticide applications.
It was also requested that EPA make a database publicly available
that lists applicators with their contact information and current
certifications by State and EPA Region. The database would provide
Indian Tribes with a better sense as to the applicators with Federal
certificates who might potentially apply RUPs in their Indian country.
While some commenters pointed to the notification process for soil
fumigants as a precedent for EPA requiring notification of Tribes prior
to the application of RUPs, the justification and authorities that
supported the notification requirements for soil fumigants are not
available to support applicator notification requirements under a
Federal certification plan. In the case of the soil fumigants,
notification is required as part of the reregistration risk mitigation
decision to assure the soil fumigants meet the FIFRA registration
standard. EPA generally has not made that determination for other RUPs.
Under FIFRA section 11, which provides the authority for issuing
Federal certification plans, rulemaking is the mechanism required for
commercial applicator reporting, which would include a notification
requirement. Additionally, FIFRA section 11 does not provide EPA
authority to require any reporting from, or recordkeeping by, private
applicators. Development of a rulemaking to require commercial
applicators to notify Tribes prior to RUP application could take
several years. EPA does not believe that we should delay the benefits
of proceeding with the final EPA plan while rulemaking is considered to
require commercial applicators to notify Tribes prior to use.
Therefore, EPA will proceed with finalizing this EPA plan at this time.
As the Agency gains experience implementing the final EPA plan, the
Agency will re-evaluate if rulemaking to implement a tribal
notification requirement is advisable or needed.
In the meantime, to assist Tribes in identifying and communicating
directly
[[Page 7188]]
with applicators certified under this final EPA plan, EPA will
implement the suggestion to make a database publicly available that
lists applicators (with their location and current certifications) by
State upon which the Federal certification is based. EPA expects to
implement this recommendation by posting a list of federally certified
applicators at https://www2.epa.gov/pesticide-applicator-certification-indian-country.
EPA also recognizes that tribal notification requirements may exist
under tribal law. Federal certifications issued by EPA under this EPA
plan will explicitly inform applicators that they should take steps to
determine if there are additional requirements under tribal law for RUP
application, including tribal notification requirements.
C. Private Applicator Option
EPA sought comment on the proposed private applicator ``no-test''
certification option required by FIFRA section 11. There was a concern
raised that it may be difficult for an applicator to obtain the
training necessary to apply for a private applicator certification if
not relying on the State certification. In addition, several commenters
were concerned that the training that pesticide applicators receive
through States does not specifically require applicators to demonstrate
that they are competent to apply pesticides in Indian country. Also,
commenters stated that EPA-approved training should include a
discussion of tribal government, cultural practices, natural resources,
examples of tribal regulations, information about the Web site
identifying Tribes that want to be notified prior to a RUP application,
and other pertinent tribal information.
The Agency revised the private applicator certification option. For
individuals seeking certification as a private applicator under the
final EPA plan, EPA will exercise its authority contained in 40 CFR
171.11(d)(1) and (e) to issue certifications if the applicator
completes one of two requirements:
1. The applicator may submit documentation of a current and valid
certification as a private applicator authorized to apply federally
designated RUPs through a Federal plan or an EPA-approved State or
tribal plan with a contiguous boundary to the relevant area of Indian
country. The EPA Region also has limited discretion to allow
certification under the plan based on a valid certification from
another nearby State or Tribe that is not directly contiguous to the
area of Indian country at issue.
2. The applicator may submit documentation of completion of the
online training course provided by EPA. An interim option to use
available State training to obtain private applicator certification in
lieu of a valid certification was developed and included on the
application form for private applicator certification. Since EPA has
developed online training, this option will not be used while the
online training is available.
EPA did not include in the online training all of the information
relevant to Indian country requested by commenters because of the many
differences among federally recognized Tribes. Rather, EPA indicates
that Tribes may have more stringent requirements and refers applicators
to the relevant Tribe(s) for details.
a. Length of certification. A private applicator certificate issued
under the first option will expire at the expiration date of the
underlying certificate, unless suspended or revoked. A private
applicator certificate issued under the second option is valid for 4
years.
b. Renewal/recertification. Applicators may apply to be recertified
through the options listed in the final EPA plan during the 12 months
preceding the expiration of their current certificate.
D. Categories for Sodium Cyanide Capsules Used With Ejector Devices and
Sodium Fluoroacetate Livestock Protection Collars
While a written comment was not submitted on either of the proposed
plans, several States noted during meetings that they would be
interested in becoming registrants on behalf of a Tribe, if the Tribes
are interested in allowing the sodium cyanide capsules used with
ejector devices or sodium fluoroacetate used in livestock protection
collars to be used within their Indian country. States questioned how
applications of these products will occur if Tribes do not have a
pesticide program and cannot monitor the usage in their Indian country,
making them ineligible to become a registrant.
States cannot serve as a registrant of these products on behalf of
an Indian Tribe. Under the terms of the registrations for sodium
cyanide capsules used with ejector devices and sodium fluoroacetate
used in livestock protection collars, the registrant of these products
must be able to supervise the use, and enforce against the misuse, of
the product. Since the registrant needs to be able to supervise the use
and enforce against the misuse of the product, it would not be
appropriate for the State to act as a registrant, since States are not
generally approved to administer programs in Indian country under
FIFRA.
Because a registrant of one of these products must have the ability
to provide a supervisory role in the application of these products and
be able to inspect and enforce against any misapplication of the
product (see the Federal Register of February 10, 1977 (42 FR 8406)),
some Tribes will not have the capacity to serve as a registrant of
these products. If a Tribe is not in a position to serve as the
registrant but would like to allow use of these products, that Tribe
could work with APHIS, which is the only Federal agency that is
currently a registrant of these products. APHIS employees, once
certified under the EPA plan, can apply sodium cyanide capsules used
with ejector devices and sodium fluoroacetate used in livestock
protection collars within the relevant Indian Tribe's Indian country.
EPA expects that an agreement between the Tribe and APHIS that includes
application of sodium cyanide capsules used with ejector devices and
sodium fluoroacetate used in livestock protection collars will be in
effect prior to any application. If another Federal agency were to
become a registrant for one or both of these products, it is likely
there could be a similar arrangement between that Federal agency and a
Tribe seeking applications of these products.
E. Private Applicator Categories
Several States asked if EPA would allow categories in the Federal
plan for private applicators. EPA clarified that the private applicator
Federal certificate will reflect any categories found in the underlying
certificate used to demonstrate applicator competence. For both private
and commercial certifications, EPA recognizes that underlying
certificates issued pursuant to different State, tribal, and Federal
plans may have different categories, and therefore the categories
recognized by the EPA will not be uniform.
VII. Consultation With Tribal Governments
Given the absence of an EPA-approved certification program in areas
of Indian country, EPA, consistent with its statutory authorities and
the Federal government's trust responsibility to federally recognized
Tribes, has worked with Tribes on a government-to-government basis to
develop a certification program that will help ensure the protection of
human health and the environment in Indian country. EPA consulted with
Tribes on November 29 and December 13, 2010, to help ensure development
of a Federal
[[Page 7189]]
plan that effectively meets their needs and those of RUP applicators in
Indian country. EPA Region 8 also held three formal consultations with
the Tribes in EPA Region 8. In addition to the consultations dedicated
specifically to this EPA plan, EPA has also worked closely with the
TPPC while developing this EPA plan.
EPA developed the Federal plan in consultation with Tribes
consistent with, among other things, the following policies, orders,
and guidance: ``EPA Policy for the Administration of Environmental
Programs on Indian Reservations,'' November 8, 1984; ``Guidance on the
Enforcement Principles Outlined in the 1984 Indian Policy,'' January
17, 2001; Executive Order 13175, ``Consultation and Coordination With
Indian Tribal Governments,'' November 6, 2000, which was reaffirmed by
Presidential memorandum, ``Tribal Consultation,'' November 5, 2009; and
the ``EPA Policy on Consultation and Coordination With Indian Tribes,''
May 4, 2011.
VIII. Paperwork Reduction Act
Pursuant to the Paperwork Reduction Act (PRA) (44 U.S.C.3501 et
seq.), the information collection activities described in this notice
and the revised Information Collection Request (ICR), OMB Control No.
2070-0029, were approved by the Office of Management and Budget. As
part of this process, EPA proposed to implement a revised form designed
specifically for pesticide applicators who wish to be certified in
Indian country. EPA estimates the paperwork burden associated with
completing this form to be 10 minutes per response. Under PRA,
``burden'' means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose or provide
information to or for a Federal agency. For this collection it includes
the time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information. The
information collection activities and the form are included in a
separate docket. See https://www.regulations.gov, docket ID number EPA-
HQ-OPP-2010-0723.
List of Subjects
Environmental protection, Business and industry, Education,
Indians-lands, Indians-tribal government, Pesticides and pests.
Dated: January 31, 2014.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2014-02564 Filed 2-5-14; 8:45 am]
BILLING CODE 6560-50-P