Notice of Approval Status; Certifying Authorities' Amended Plans for Certification of Commercial and Private Applicators of Restricted Use Pesticides; Batch Four, 77310-77312 [2023-24745]
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–ORD–2017–0496; FRL–11545–01–
ORD]
Availability of the Protocol for the
Nitrate and Nitrite IRIS Assessment
(Oral)
Environmental Protection
Agency (EPA).
ACTION: Notice of public comment
period.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing a 30-day
public comment period associated with
release of the document Protocol for the
Nitrate and Nitrite IRIS Assessment
(Oral). This document communicates
the rationale for conducting the human
health assessment of Nitrate and Nitrite,
describes screening criteria to identify
relevant literature, outlines the
approach for evaluating study quality,
and describes the methods for doseresponse analysis.
DATES: The 30-day public comment
period begins November 9, 2023 and
ends December 11, 2023. Comments
must be received on or before December
11, 2023.
ADDRESSES: The Protocol for the Nitrate
and Nitrite IRIS Assessment (Oral) will
be available via the internet on the IRIS
website at https://www.epa.gov/iris and
in the public docket at https://
www.regulations.gov, Docket ID: EPA–
HQ–ORD–2017–0496.
FOR FURTHER INFORMATION CONTACT: For
information on the docket, contact the
ORD Docket at the EPA Headquarters
Docket Center; email: Docket_ORD@
epa.gov.
For technical information on the
protocol, contact Mr. Dahnish Shams,
Center for Public Health &
Environmental Assessment; email:
shams.dahnish@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
I. Background Information on the IRIS
Program and Systematic Review
Protocols
EPA’s IRIS Program is a human health
assessment program that evaluates
quantitative and qualitative information
on effects that may result from exposure
to chemicals found in the environment.
Through the IRIS Program, EPA
provides high quality science-based
human health assessments to support
the Agency’s regulatory activities and
decisions to protect public health.
As part of developing a draft IRIS
assessment, EPA presents a methods
document, referred to as the protocol,
for conducting a chemical-specific
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systematic review of the available
scientific literature. EPA is seeking
public comment on components of the
protocol including the described
strategies for literature searches, criteria
for study inclusion or exclusion,
considerations for evaluating study
methods, information management for
extracting data, approaches for synthesis
within and across lines of evidence, and
methods for derivation of toxicity
values. The protocol serves to inform
the subsequent development of the draft
assessment and is made available to the
public. EPA may update the protocol
based on the evaluation of the literature,
and any updates will be posted to the
docket and on the IRIS website.
II. How to Submit Technical Comments
to the Docket at https://
www.regulations.gov
Submit your comments, identified by
Docket ID No. EPA–HQ–ORD–2017–
0496 for Nitrate/Nitrite, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: Docket_ORD@epa.gov.
• Fax: 202–566–9744.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center
(ORD Docket), Mail Code: 28221T, 1200
Pennsylvania Avenue NW, Washington,
DC 20460. The phone number is 202–
566–1752.
For information on visiting the EPA
Docket Center Public Reading Room,
visit https://www.epa.gov/dockets. The
telephone number for the Public
Reading Room is 202–566–1744. The
public can submit comments via
www.regulations.gov or email.
Instructions: Direct your comments to
docket number EPA–HQ–ORD–2017–
0496 for nitrate/nitrite. Please ensure
that your comments are submitted
within the specified comment period.
Comments received after the closing
date will be marked ‘‘late,’’ and may
only be considered if time permits. It is
EPA’s policy to include all comments it
receives in the public docket without
change and to make the comments
available online at https://
www.regulations.gov, including any
personal information provided, unless a
comment includes information claimed
to be Confidential Business Information
(CBI) or other information for which
disclosure is restricted by statute. Do
not submit information through https://
www.regulations.gov or email that you
consider to be CBI or otherwise
protected. The https://
www.regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
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or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/dockets.
Docket: Documents in the docket are
listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
materials, such as copyrighted material,
are publicly available only in hard copy.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or as a hard copy
at the ORD Docket in the EPA
Headquarters Docket Center.
Wayne Cascio,
Director, Center for Public Health &
Environmental Assessment.
[FR Doc. 2023–24746 Filed 11–8–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2022–0509; FRL–7661–05–
OCSPP]
Notice of Approval Status; Certifying
Authorities’ Amended Plans for
Certification of Commercial and
Private Applicators of Restricted Use
Pesticides; Batch Four
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing its
approval or conditional approval of 26
amended certification plans for
certifying applicators of Restricted Use
Pesticides (RUPs) from the following
certifying authorities: Arkansas
SUMMARY:
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
Department of Agriculture (ADA),
Cheyenne River Sioux Tribe’s Water,
Energy and Environment Committee
(CRST–WEEC), Clemson University
Division of Regulatory and Public
Service Programs, Department of
Pesticide Regulation (CUDPR), Florida
Department of Agriculture and
Consumer Services (FDACS), Guam
Environmental Protection Agency
(Guam-EPA), Idaho State Department of
Agriculture (ISDA), Illinois Department
of Agriculture (IDA), Kansas Department
of Agriculture (KDA), Louisiana
Department of Agriculture and Forestry
(LDAF), Maine Department of
Agriculture, Conservation and Forestry
Board of Pesticides Control (ME BPC),
Massachusetts Department of
Agricultural Resources (MDAR),
Missouri Department of Agriculture
(MODA), Montana Department of
Agriculture (MTDA), New Mexico
Department of Agriculture (NMDA),
Ohio Department of Agriculture (ODA),
Oklahoma Department of Agriculture,
Food, and Forestry (ODAFF),
Pennsylvania Department of Agriculture
(PDA), the Prairie Band Potawatomi
Nation (PBPN), the Santee Sioux Nation
(SSN), Tennessee Department of
Agriculture (TNDA), Texas Department
of Agriculture (TXDA), the Three
Affiliated Tribes of the Fort Berthold
Reservation’s Natural Resources
Department (TAT/NRD), Utah
Department of Agriculture and Food
(UDAF), Virginia Department of
Agriculture and Consumer Services
(VDACS), the White Earth Band of the
Minnesota Chippewa Tribe (WE), and
Wisconsin Department of Agriculture,
Trade, and Consumer Protection
(WDATCP). The 26 plans listed in this
batched notice represents the fifth
notification announcing the approval of
the federal, state, territory, and tribal
certification plans that have gone
through the review and approval
process. The amended plans are
consistent with the existing regulatory
requirements, including revisions made
in 2017 to enhance and improve the
competency of certified applicators of
RUPs and persons working under their
direct supervision. The 2017 regulatory
revisions are intended to further reduce
potential exposure of RUPs to certified
applicators and those working under
their direct supervision, other workers,
the public, and the environment.
Federal, state, territory, and tribal
certifying authorities with existing
certification plans were required to
revise their existing plans to conform
with the updated federal standards for
RUP applicator certification and receive
EPA approval by the established
regulatory deadline.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
The designated EPA point of contact for
the Certification Plan of interest as
listed in Table 1 of Unit I.B.
For general information contact:
Carolyn Schroeder, Pesticide ReEvaluation Division (7508M), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 566–2376;
email address: schroeder.carolyn@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General information
A. Does this action apply to me?
You may be potentially affected by
this action if you are a federal, state,
territory, or tribal agency who
administers a certification program for
pesticides applicators. You many also
be potentially affected by this action if
you are: A registrant of RUP products;
a person who applies RUPs, including
those under the direct supervision of a
certified applicator; a person who relies
upon the availability of RUPs; someone
who hires a certified applicator to apply
an RUP; a pesticide safety educator; or
other person who provides pesticide
safety training for pesticide applicator
certification or recertification. The
following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include:
• Agricultural Establishments (Crop
Production) (NAICS code 111).
• Nursery and Tree Production
(NAICS code 111421).
• Agricultural Pest Control and
Pesticide Handling on Farms (NAICS
code 115112).
• Crop Advisors (NAICS codes
115112, 541690, 541712).
• Agricultural (Animal) Pest Control
(Livestock Spraying) (NAICS code
115210).
• Forestry Pest Control (NAICS code
115310).
• Wood Preservation Pest Control
(NAICS code 321114).
• Pesticide Registrants (NAICS code
325320).
• Pesticide Dealers (NAICS codes
424690, 424910, 444220).
• Industrial, Institutional, Structural
& Health Related Pest Control (NAICS
code 561710).
• Ornamental & Turf, Rights-of-Way
Pest Control (NAICS code 561730).
• Environmental Protection Program
Administrators (NAICS code 924110).
• Governmental Pest Control
Programs (NAICS code 926140).
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 these
documents and other related
information?
For assistance in locating documents
related to the approved plans identified
in this notice, please consult the
designated EPA point of contact for the
Certification Plan of interest as listed in
Table 1 of this unit, or the general
contact person listed under FOR FURTHER
INFORMATION CONTACT.
TABLE 1—DESIGNATED EPA POINT OF CONTACTS FOR THE CERTIFICATION PLANS
EPA region
Certification plan
EPA point of contact
Region 1 ................................
MDAR ...................................
ME BPC
PDA ......................................
VDACS
CUDPR ................................
FDACS
TNDA
IDA .......................................
ODA
WDATCP
WE
Andrea Szylvian ...................
(617) 918–1198
Camille Lukey ......................
(215) 814–2930
szylvian.andreacommat;
epa.gov.
lukey.camille@epa.gov.
Richard Corbett ....................
(404) 562–9008
corbett.richard@epa.gov.
Donald Baumgartner ............
(312) 886–7835
baumgartner.donald@
epa.gov.
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Region 3 ................................
Region 4 ................................
Region 5 ................................
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
TABLE 1—DESIGNATED EPA POINT OF CONTACTS FOR THE CERTIFICATION PLANS—Continued
EPA region
Certification plan
EPA point of contact
Region 6 ................................
ADA ......................................
LDAF
NMDA
ODAFF
TXDA
KDA ......................................
MODA
PBPN
SSN
CRST–WEEC .......................
MTDA
TAT/NRD
UDAF
Guam-EPA ...........................
ISDA .....................................
Eric Nystrom ........................
(214) 665–6752
nystrom.eric@epa.gov.
Shawn Hackett .....................
(913) 551–7774
hackett.shawn@epa.gov.
Kevin Martin .........................
(303) 312–6085
martin.kevin@epa.gov.
Katy Wilcoxen ......................
Bethany Plewe .....................
(415) 947–4205
(208) 378–5753
wilcoxen.katy@epa.gov.
plewe.bethany@epa.gov.
Region 7 ................................
Region 8 ................................
Region 9 ................................
Region 10 ..............................
II. What is the Agency’s authority for
taking this action?
Section 11 of the Federal Insecticide,
Fungicide, Rodenticide Act (FIFRA), 7.
U.S.C. 136 et seq., requires certifying
authorities to have an EPA-approved
certification plan to certify applicators
of RUPs. The Certification of Pesticide
Applicators (CPA) regulation at 40 CFR
part 171 was amended in 2017 (Ref. 1).
As a result, federal, state, territory, and
tribal certifying authorities with existing
certification plans were required to
revise their existing certification plans
to conform with the updated federal
standards for the certification of
applicators of RUPs and submit their
revisions to EPA by March 2020 for EPA
review and approval. The CPA
regulation specifies that the existing
certification plans remain in place until
the revised plans are approved by EPA
on or before the regulatory deadline
established in 40 CFR 171.5. The
Agency has since issued a final rule
extending the original deadline for
certification plans to comply with the
updated federal standards under the
2017 CPA rule to November 4, 2023
(Ref. 2).
ddrumheller on DSK120RN23PROD with NOTICES1
III. What action is the Agency taking?
This action gives notice that the
following 26 certifying authorities’
certification plans submitted to the
Agency meet or exceed the standards of
40 CFR part 171: ADA, CRST–WEEC,
CUDPR, FDACS, Guam–EPA, IDA,
ISDA, KDA, LDAF, MDAR, ME BPC,
MODA, MTDA, NMDA, ODA, ODAFF,
PBPN, PDA, SSN, TAT/NRD, TNDA,
TXDA, UDAF, VDACS, WDATCP, and
WE. EPA hereby gives notice that the 26
amended certification plans for
certifying applicators of RUPs listed in
this document are now approved or
conditionally approved plans; the
certifying authorities may certify RUP
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applicators and continue with
implementation of the certification
plans as outlined in the approved plans.
With this announcement, EPA has
approved or conditionally approved 67
out of the 68 federal, state, territory, and
tribal certification plans submitted to
the Agency prior to the November 2023
regulatory deadline. The 26 plans listed
in this batched notice represents the
fifth notification announcing the
approval of the federal, state, territory,
and tribal certification plans that have
gone through the review and approval
process. EPA also provides information
regarding the reviews and approvals of
these certification plans, and where
copies of these approved plans are
available, on its website at https://
www.epa.gov/pesticide-worker-safety/
certification-standards-pesticideapplicators.
One remaining plan, which is a
Tribal-EPA memorandum of agreement
(MOA) with the Shoshone-Bannock
Tribes of the Fort Hall Reservation
(SBT), will not be finalized by the
November 4, 2023 deadline. After the
November 2023, deadline, the existing
MOA will no longer be valid. By
default, the Tribe’s jurisdiction will be
covered by the EPA Plan for the Federal
Certification of Applicators of Restricted
Use Pesticides within Indian Country
(EPA Plan) (Ref. 3) until the MOA is
approved. Alternatively, if the Tribe
responds in writing that it wants to opt
out of the EPA Plan in the interim, they
may do so. The Tribe, in any case, may
continue to work with EPA to finalize
their MOA. EPA will notify the Tribe
that they may not continue to issue new
or renew certifications under its existing
MOA until the modified plan is
approved. EPA will work with the Tribe
on transitioning to the EPA Plan
pending the approval of their MOA,
including establishing a transition phase
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POC phone
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for existing applicators to get certified
under the EPA Plan.
III. References
The following is a list of documents
that are related to the issuance of this
Notice. For assistance in locating these
other documents, please consult the
person listed under FOR FURTHER
INFORMATION CONTACT.
1. EPA. Pesticides; Certification of Pesticide
Applicators; Final Rule. Federal
Register. 82 FR 952, January 4, 2017
(FRL–9956–70).
2. EPA. Pesticides; Certification of Pesticide
Applicators; Further Extension to
Expiration Date of Certification Plans;
Final Rule. Federal Register. 87 FR
50953, August 19, 2022 (FRL–9134.1–
04–OCSPP).
3. EPA. Notice of Approval Status; EPA Plan
for the Federal Certification of
Applicators Within Indian Country.
Federal Register. 88 FR 68604, October
4, 2023 (FRL–7661–04–OCSPP).
Authority: 7 U.S.C. 136–136y.
Dated: November 3, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2023–24745 Filed 11–8–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OA–2023–0030, FRL–11537–01–
OA]
Notice of Meeting of the EPA
Children’s Health Protection Advisory
Committee (CHPAC)
Environmental Protection
Agency (EPA).
ACTION: Notice of meeting.
AGENCY:
Pursuant to the provisions of
the Federal Advisory Committee Act,
notice is hereby given that the next
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77310-77312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24745]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0509; FRL-7661-05-OCSPP]
Notice of Approval Status; Certifying Authorities' Amended Plans
for Certification of Commercial and Private Applicators of Restricted
Use Pesticides; Batch Four
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is announcing its
approval or conditional approval of 26 amended certification plans for
certifying applicators of Restricted Use Pesticides (RUPs) from the
following certifying authorities: Arkansas
[[Page 77311]]
Department of Agriculture (ADA), Cheyenne River Sioux Tribe's Water,
Energy and Environment Committee (CRST-WEEC), Clemson University
Division of Regulatory and Public Service Programs, Department of
Pesticide Regulation (CUDPR), Florida Department of Agriculture and
Consumer Services (FDACS), Guam Environmental Protection Agency (Guam-
EPA), Idaho State Department of Agriculture (ISDA), Illinois Department
of Agriculture (IDA), Kansas Department of Agriculture (KDA), Louisiana
Department of Agriculture and Forestry (LDAF), Maine Department of
Agriculture, Conservation and Forestry Board of Pesticides Control (ME
BPC), Massachusetts Department of Agricultural Resources (MDAR),
Missouri Department of Agriculture (MODA), Montana Department of
Agriculture (MTDA), New Mexico Department of Agriculture (NMDA), Ohio
Department of Agriculture (ODA), Oklahoma Department of Agriculture,
Food, and Forestry (ODAFF), Pennsylvania Department of Agriculture
(PDA), the Prairie Band Potawatomi Nation (PBPN), the Santee Sioux
Nation (SSN), Tennessee Department of Agriculture (TNDA), Texas
Department of Agriculture (TXDA), the Three Affiliated Tribes of the
Fort Berthold Reservation's Natural Resources Department (TAT/NRD),
Utah Department of Agriculture and Food (UDAF), Virginia Department of
Agriculture and Consumer Services (VDACS), the White Earth Band of the
Minnesota Chippewa Tribe (WE), and Wisconsin Department of Agriculture,
Trade, and Consumer Protection (WDATCP). The 26 plans listed in this
batched notice represents the fifth notification announcing the
approval of the federal, state, territory, and tribal certification
plans that have gone through the review and approval process. The
amended plans are consistent with the existing regulatory requirements,
including revisions made in 2017 to enhance and improve the competency
of certified applicators of RUPs and persons working under their direct
supervision. The 2017 regulatory revisions are intended to further
reduce potential exposure of RUPs to certified applicators and those
working under their direct supervision, other workers, the public, and
the environment. Federal, state, territory, and tribal certifying
authorities with existing certification plans were required to revise
their existing plans to conform with the updated federal standards for
RUP applicator certification and receive EPA approval by the
established regulatory deadline.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: The designated EPA point of
contact for the Certification Plan of interest as listed in Table 1 of
Unit I.B.
For general information contact: Carolyn Schroeder, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 566-2376; email address:
epa.gov">schroeder.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General information
A. Does this action apply to me?
You may be potentially affected by this action if you are a
federal, state, territory, or tribal agency who administers a
certification program for pesticides applicators. You many also be
potentially affected by this action if you are: A registrant of RUP
products; a person who applies RUPs, including those under the direct
supervision of a certified applicator; a person who relies upon the
availability of RUPs; someone who hires a certified applicator to apply
an RUP; a pesticide safety educator; or other person who provides
pesticide safety training for pesticide applicator certification or
recertification. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
Agricultural Establishments (Crop Production) (NAICS code
111).
Nursery and Tree Production (NAICS code 111421).
Agricultural Pest Control and Pesticide Handling on Farms
(NAICS code 115112).
Crop Advisors (NAICS codes 115112, 541690, 541712).
Agricultural (Animal) Pest Control (Livestock Spraying)
(NAICS code 115210).
Forestry Pest Control (NAICS code 115310).
Wood Preservation Pest Control (NAICS code 321114).
Pesticide Registrants (NAICS code 325320).
Pesticide Dealers (NAICS codes 424690, 424910, 444220).
Industrial, Institutional, Structural & Health Related
Pest Control (NAICS code 561710).
Ornamental & Turf, Rights-of-Way Pest Control (NAICS code
561730).
Environmental Protection Program Administrators (NAICS
code 924110).
Governmental Pest Control Programs (NAICS code 926140).
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 these documents and other related
information?
For assistance in locating documents related to the approved plans
identified in this notice, please consult the designated EPA point of
contact for the Certification Plan of interest as listed in Table 1 of
this unit, or the general contact person listed under FOR FURTHER
INFORMATION CONTACT.
Table 1--Designated EPA Point of Contacts for the Certification Plans
----------------------------------------------------------------------------------------------------------------
EPA point of
EPA region Certification plan contact POC phone Email
----------------------------------------------------------------------------------------------------------------
Region 1........................ MDAR............... Andrea Szylvian... (617) 918-1198 szylvian.andreacom
ME BPC............. mat;epa.gov.
Region 3........................ PDA................ Camille Lukey..... (215) 814-2930 lukey.camille@epa.
VDACS.............. gov.
Region 4........................ CUDPR.............. Richard Corbett... (404) 562-9008 corbett.richard@ep
FDACS.............. a.gov.
TNDA...............
Region 5........................ IDA................ Donald Baumgartner (312) 886-7835 baumgartner.donald
ODA................ @epa.gov.
WDATCP.............
WE.................
[[Page 77312]]
Region 6........................ ADA................ Eric Nystrom...... (214) 665-6752 [email protected]
LDAF............... ov.
NMDA...............
ODAFF..............
TXDA...............
Region 7........................ KDA................ Shawn Hackett..... (913) 551-7774 hackett.shawn@epa.
MODA............... gov.
PBPN...............
SSN................
Region 8........................ CRST-WEEC.......... Kevin Martin...... (303) 312-6085 [email protected]
MTDA............... ov.
TAT/NRD............
UDAF...............
Region 9........................ Guam-EPA........... Katy Wilcoxen..... (415) 947-4205 epa.gov">wilcoxen.katy@epa.gov.
Region 10....................... ISDA............... Bethany Plewe..... (208) 378-5753 epa.gov">plewe.bethany@epa.gov.
----------------------------------------------------------------------------------------------------------------
II. What is the Agency's authority for taking this action?
Section 11 of the Federal Insecticide, Fungicide, Rodenticide Act
(FIFRA), 7. U.S.C. 136 et seq., requires certifying authorities to have
an EPA-approved certification plan to certify applicators of RUPs. The
Certification of Pesticide Applicators (CPA) regulation at 40 CFR part
171 was amended in 2017 (Ref. 1). As a result, federal, state,
territory, and tribal certifying authorities with existing
certification plans were required to revise their existing
certification plans to conform with the updated federal standards for
the certification of applicators of RUPs and submit their revisions to
EPA by March 2020 for EPA review and approval. The CPA regulation
specifies that the existing certification plans remain in place until
the revised plans are approved by EPA on or before the regulatory
deadline established in 40 CFR 171.5. The Agency has since issued a
final rule extending the original deadline for certification plans to
comply with the updated federal standards under the 2017 CPA rule to
November 4, 2023 (Ref. 2).
III. What action is the Agency taking?
This action gives notice that the following 26 certifying
authorities' certification plans submitted to the Agency meet or exceed
the standards of 40 CFR part 171: ADA, CRST-WEEC, CUDPR, FDACS, Guam-
EPA, IDA, ISDA, KDA, LDAF, MDAR, ME BPC, MODA, MTDA, NMDA, ODA, ODAFF,
PBPN, PDA, SSN, TAT/NRD, TNDA, TXDA, UDAF, VDACS, WDATCP, and WE. EPA
hereby gives notice that the 26 amended certification plans for
certifying applicators of RUPs listed in this document are now approved
or conditionally approved plans; the certifying authorities may certify
RUP applicators and continue with implementation of the certification
plans as outlined in the approved plans.
With this announcement, EPA has approved or conditionally approved
67 out of the 68 federal, state, territory, and tribal certification
plans submitted to the Agency prior to the November 2023 regulatory
deadline. The 26 plans listed in this batched notice represents the
fifth notification announcing the approval of the federal, state,
territory, and tribal certification plans that have gone through the
review and approval process. EPA also provides information regarding
the reviews and approvals of these certification plans, and where
copies of these approved plans are available, on its website at https://www.epa.gov/pesticide-worker-safety/certification-standards-pesticide-applicators.
One remaining plan, which is a Tribal-EPA memorandum of agreement
(MOA) with the Shoshone-Bannock Tribes of the Fort Hall Reservation
(SBT), will not be finalized by the November 4, 2023 deadline. After
the November 2023, deadline, the existing MOA will no longer be valid.
By default, the Tribe's jurisdiction will be covered by the EPA Plan
for the Federal Certification of Applicators of Restricted Use
Pesticides within Indian Country (EPA Plan) (Ref. 3) until the MOA is
approved. Alternatively, if the Tribe responds in writing that it wants
to opt out of the EPA Plan in the interim, they may do so. The Tribe,
in any case, may continue to work with EPA to finalize their MOA. EPA
will notify the Tribe that they may not continue to issue new or renew
certifications under its existing MOA until the modified plan is
approved. EPA will work with the Tribe on transitioning to the EPA Plan
pending the approval of their MOA, including establishing a transition
phase for existing applicators to get certified under the EPA Plan.
III. References
The following is a list of documents that are related to the
issuance of this Notice. For assistance in locating these other
documents, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
1. EPA. Pesticides; Certification of Pesticide Applicators; Final
Rule. Federal Register. 82 FR 952, January 4, 2017 (FRL-9956-70).
2. EPA. Pesticides; Certification of Pesticide Applicators; Further
Extension to Expiration Date of Certification Plans; Final Rule.
Federal Register. 87 FR 50953, August 19, 2022 (FRL-9134.1-04-
OCSPP).
3. EPA. Notice of Approval Status; EPA Plan for the Federal
Certification of Applicators Within Indian Country. Federal
Register. 88 FR 68604, October 4, 2023 (FRL-7661-04-OCSPP).
Authority: 7 U.S.C. 136-136y.
Dated: November 3, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-24745 Filed 11-8-23; 8:45 am]
BILLING CODE 6560-50-P
