{1014.004 / 111 / 00100826.DOC 5} Soil Fumigant Applicator Training Program Protocol for Registrant In

- Person Training Programs

1. Availability and Notice of Programs: Each soil fumigant registrant may choose on an individual basis to deliver the required applicator training in person in any location that the registrant desires to do so. These in

- person programs may be done on an individual registrant basis or may be done jointly among registrants of the same active and by registrants of different actives. Each such program will be organ ized by the individual registrant or registrants holding the training program and will be advertised by their standard methods. The notice or advertisement of the training program should include which active ingredient(s) will be offered in that particula r training program. Registrants are encouraged to include in any generally directed emails regarding large group upcoming in

- person training programs appropriate state pesticide contacts with responsibility for training programs, but are not required to d o so; however, if state continuing education credit is sought, then notification to appropriate state contacts must be provided for that particular in

- person training session in accordance with the state

rules.

2. Program Content: Each in

- person training p rogram must include the content of the online training program for the general fumigation modules and for the active ingredient modules that are offered in that particular training session. During the training session,

this content can be delivered via co mputer, or can be delivered using a copy of the slides

with an in

- person presentation of the on

- line training program script for the modules offered at that session. When the content is delivered via computer, it can be played through a projector or a sou nd system, or in some other manner that allows attendees to see the slides and hear the script. Questions and answers, and related discussion, are permitted during the delivery of the training program, as long as all of the training program content for th e modules being offered is provided. If any hard copies of the slides are circulated, those hard copies would be collected after the training session.

3. Exams: Registrants may offer attendees at in

- person training sessions the opportunity to

take a writte n paper exam. Generally the exam will be offered at the end of each module presentation. Anyone who attends an in

- person training may choose to take the on

- line training and take the test on

- line.

a. Exam version: Trainers will be provided with three versio ns of the exam for each module being offered at the training for this purpose by a designated registrant representative. The versions are of equal difficulty and all questions are drawn

from the same exam bank used for the on

- line training. The different versions are provided so that those sitting next to each other will not have the same version of

the exam.

b. Information required from applicators taking hard copy exams: Applicators taking the hard copy exams must provide to the trainer the following inf ormation,SFATP In

- Person Training Protocol Page 2

{1014.004 / 111 / 00100826.DOC 5} and this information must be recorded on the exam paper for the exam to be valid for credit towards meeting the applicator training requirement: (1) a valid state certified applicator license number; and (2) a photo identification. In addition , the applicators will be required to complete a registration form.

c. Signed terms of use required: Applicators taking the exam in

- person must also sign the terms of use provisions below and must include their valid state certified applicator license num ber on that signed terms of use document. The terms of use provisions for in

- person training are:

Terms of Use

I certify that I am the individual named on the registration form and that (1) the certified applicator license information shown on the regis tration form is my unique license number issued by the state or states indicated or (2) I am a state regulator, grower advisor, or fumigant distributor and I am accessing this program for informational purposes only in connection with my duties as

such an employee. I acknowledge that it is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to apply a pesticide in a manner inconsistent with its label including the requirements regarding a state certified applicator license and

soi l fumigant training.

This program is provided on the condition that the user is accessing it for the purposes of compliance with the label directions for soil fumigant pesticides in the United States and the user agrees that he/she will not knowingly allo w another person to claim that they have been trained based on the user accessing this program. Moreover, the user acknowledges that he/she understands that information regarding his/her successful completion of this training program will be provided upon request to the USEPA and to state or tribal pesticide regulatory agencies, who may in turn release the information in accordance with the agencies’ policies and by participating in the training program the user grants permission to the release of his/her name, state certified license information and training program completion information to these regulators. No information will be used for marketing or advertising purposes and information will not be shared with anyone other than the registrants who are sponsoring this training program and the USEPA and state and tribal regulators noted

above.SFATP In

- Person Training Protocol Page 3

{1014.004 / 111 / 00100826.DOC 5} d. Grading of hard copy exams:

i. Exams will be graded by representatives appointed by each registrant to have the exam answer keys. These registrant representatives with access to the exam keys are strictly prohibited from disseminating or otherwise conveying the exam keys to persons not employees of, contractors to, or attorneys for the individual registrant and who have not been designated by that registrant to hav e the exam answer key.

ii. Some training sessions may offer exam grading on

- site, and others may grade remotely after completion of the training session. This will be decided on an individual registrant and individual training program basis.

e. Before prov iding the exam documents to applicators at the training session, trainers must convey the following to those taking the exam:

i. Applicators may ask, and trainers may answer, non

- substantive questions, such as how much time is available for the exam, when th e exam is being taken. Trainers may not answer any substantive questions while exams are being taken.

ii. Applicators must provide valid state license numbers on the exam paper

and on the terms of use. Contact information that will allow exam results

and Pr oof of Completion documentation to be delivered must be provided. Email and hard copy address are preferred; at least one is required.

iii. Cell phones must be turned off by trainees upon entering the examination area and not turned back on until they have tu rned in examination answers

and leave that area.

iv. Pens and/or pencils will be provided to those taking hard copy exams. Notes and calculations may be made on the exam paper itself; no other paper will be provided. No documents furnished during the train ing and examination may be taken from the training/examination area at any time except with the permission of the registrant's representative.

v. After December 1, 2012, hard copies of approved representative product labels may be provided, but are not requi red to be provided, by the registrant offering the training program. Whether such label copies are available, and how many are available, will be a decision made individually by each registrant for each training session at the registrant’s

sole discretion . If such labels are provided, the trainer should let the applicators at the training session know that they are available.SFATP In

- Person Training Protocol Page 4

{1014.004 / 111 / 00100826.DOC 5} vi. Trainers should state that all testing materials will be collected at the conclusion of the exam. A passing score of 70 is requ ired for each

module.

vii. Trainers should notify participants that the exams will be graded and the results sent to Achieva for inclusion in the Achieva database. They should also discuss the likely length of time before their testing scores for the

modules will be available in the Achieva database. This length of time should be estimated by the registrant giving the training program based on that registrant’s process for grading exams for that particular training

session. In no event should it exceed four weeks.

viii. Next steps if a notice regarding the exam scores and/or Proof of Completion documentation is not received by four weeks following the training session should be discussed. Trainers should state that applicators

who have not received such notice fo ur weeks after completing the training session should contact the registrant sponsor of the training and/or the Achieva help desk at [phone number].

ix. The ability to take additional active ingredient modules on

- line should be

discussed. This discussion sho uld provide the site name where the training can be taken and should note that new Proof of Completion documentation will be issued when additional active ingredient modules are separately completed, but that these new Proof of Completion

documentations wi ll expire three years from the date of the completion of the initial training (completion of the four general modules plus at least one active ingredient specific module), regardless of how many additional active ingredient modules are added or when they a re added.

4. Proof of Completion Documentation: Registrants must obtain from each person taking the hard copy in

- person exam contact information that will allow the exam results and Proof of Completion documentation to be provided to that person. If possi ble, both hard copy address and email information should be obtained, and at least one of these must be obtained. For those participants who provide email information and who pass the test, Achieva will email the Proof of Completion documentation to them s hortly after Achieva enters that information in its system after receiving it from the registrant representative who graded the exam. For those who do not have an email address, the Proof of Completion documentation will be mailed via United States Postal Service regular mail delivery. There will likely be a two to four week length of time between the close of the training session and the issuance of the Proof of Completion documentation. Applicators who have not received Proof of Completion documentatio n four weeks after completing the training session should contact the registrant sponsor of the training and/or the Achieva help desk.SFATP In

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{1014.004 / 111 / 00100826.DOC 5} Trainers should explain that the Proof of Completion documentation includes the following statement: “This document se rves as proof of completion of the U.S. EPA required training for soil fumigant applicators. A copy may be attached to applicable FMPs to comply with the label requirement for documentation of completion.” The Proof of Completion documentation that the s tudent will receive from Achieva will have two pages. One will be an 8.5 x 11 sheet that can be attached to a Fumigation Management Plan (FMP). The second page can be trimmed to a wallet sized card.1 Attachment

Rick --

Appended is the protocol for the registrant in-person training program. As always, please let us know if there are any questions or if discussion would be helpful.

LISA M. CAMPBELL B E R G E S O N & C A M P B E L L P C
2200 Pennsylvania Avenue , N.W. Suite 100W | Wa shington, D.C. 20037

T: 202-557-3802 | F: 202-557-3836 | M: 703-302-0491 | lawbc.com Soil Fumigants: Registrants' Applicator Training Program -- Protocol for Registrant InPerson Training Program Lisa M. Campbell

to: Richard Keigwin

09/26/2012 10:19 AM

Cc: John Leahy, Cathryn Britton, Steven Weiss, "'Sara Beth Watson, Esquire'", "'Tracy A. Heinzman, Esquire'", "'Roger H. Miksa d, Esquire'", "'David E. Barnekow '"

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To: Richard Keigwin/DC/USEPA/US@EPA

Cc: John Leahy/DC/USEPA/US@EPA, Cathr yn Britton/DC/USEPA/US@EPA, Steven Weiss/DC/USEPA/US@EPA, "'Sa ra Beth Watson, Esquire'" <swatson@steptoe.com>, "'Tracy A. Heinzman, Esquire'" <theinzman @wrf.com>, "'Roger H. Miksad, Esquire'" <rmiksad@wileyrein.com>, "'David E. Barnekow '" <debarnekow@dow.com>

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