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Proposed Federal Plan for Certification of 

Applicators of Restricted Use Pesticides within 

EPA Region 8 Indian Country

Prepared by EPA Region 8

March 7, 2011
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Table of Contents

I. Executive Summary............................................................ 3

II. Introduction..................................................................... 3

III. Background..................................................................... 3

IV. Definitions....................................................................... 4

V. Applicability of the Plan...................................................... 4

VI. Legal Authority................................................................ 5

VII. Lead Agency.................................................................... 5

A. Funding and Personnel 

B. Reporting

VIII. Applicator Requirements and Classification & Certification 

Options........................................................................... 7

A. Private Applicators

B. Commercial Applicators

IX. Commercial Applicator Categories.......................................... 8

X. Certification Procedures...................................................... 9

XI. Enforcement of the Plan....................................................... 9

A. Enforcement Authority

B. Pesticide Dealer Reporting Requirements

C. Inspections

D. Revocation, Suspension, and Modification

E. Penalties

XII. Appendices....................................................................... 12

A. Federal Insecticide Fungicide & Rodenticide Act – Section 11 

B. 40 Code of Federal Regulations – Protection of the Environment, Section 

171.11

C. Definitions

D. Pesticide Applicator Certification Forms (draft)
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I. Executive Summary

Under the authority of Section 11(a)(1) of the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), and in accordance with the regulations found at Title 40 of the 

Code of Federal Regulations (CFR) Part 171.11, the United States Environmental 

Protection Agency (EPA), Region 8 (EPA R8) is implementing a Proposed Federal Plan 

for Certification of Applicators of Restricted Use Pesticides within EPA Region 8 Indian 

Country (Plan) for those areas of EPA R8 Indian country1 where no other EPA-approved 

plan applies. The Plan describes the process by which EPA R8 will implement a program 

for the certification of applicators of restricted use pesticides (RUPs) in R8 Indian 

country based upon the certification requirements enumerated at 40 CFR Part 171. 

The EPA R8 will administer routine maintenance activities associated with 

implementation of this Plan and conduct inspections and take enforcement actions as 

appropriate. 

II. Introduction

This Plan describes the process for becoming certified to use RUPs within EPA R8 

Indian country. EPA R8 Indian country refers to land defined as Indian country at 18 

U.S.C. § 1151 that is located in the states of Utah, Montana, Wyoming, Colorado, North 

Dakota, and South Dakota.

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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.” If 

the classification is made because of hazards to the applicator, the pesticide may only be 

applied by or under the direct supervision of a certified applicator. 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 Administrator may provide by regulation. To be certified, 

an individual must be determined to be competent with respect to the use and handling of 

pesticides covered by the certification. 

 

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Indian country: As defined at 18 U.S.C. § 1151: (a) all land within the limits of any

Indian reservation under the jurisdiction of the United States Government, 

notwithstanding the issuance of any patent, and, including rights-of-way running 

through the reservation; (b) all dependent Indian communities within the borders of 

the United States whether within the original or subsequently acquired territory

thereof, and whether within or without the limits of a state; and (c) all Indian 

allotments, the Indian titles to which have not been extinguished, including rights-ofway running through the same. 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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A person becomes a certified applicator through meeting the requirements of a 

certification plan that is administered by a pertinent state, tribal, territorial, or federal 

agency and is approved by EPA. This document describes the certification plan EPA R8 

will use to certify applicators of RUPs for those areas of EPA R8 Indian country where 

no other EPA-approved plan applies.

III. Background

Among other things, EPA’s regulations at 40 CFR Part 171 provide that:

1) An Indian tribe may develop its own plan for certifying private and 

commercial applicators to use or supervise the use of RUPs;

2) If a tribe does not develop its own certification plan, the tribe may choose to 

utilize a state’s certification program, with the concurrence of that state; or

3) EPA can implement a federal plan for the certification of applicators of RUPs.

Under 40 CFR § 171.11, EPA is authorized to implement a plan for the federal 

certification of applicators of RUPs where there is no EPA-approved state or tribal 

applicator certification plan in effect. Currently, the Cheyenne River Sioux Tribe and the 

Mandan, Hidatsu, and Arikara Tribes (or Three Affiliated Tribes) have EPA-approved 

pesticide certification plans for RUP applicators. Furthermore, EPA has implemented a 

federal plan in Navajo Indian Country.

EPA Region 8, after consulting with the Region 8 tribal leaders, environmental directors, 

and pesticide program managers, determined that implementing a federal certification 

plan is the preferred approach to allow the use of RUPs and ensure adequate protection of 

human health and the environment in Indian country in EPA R8. Therefore, in 

accordance with 40 CFR § 171.11, EPA R8 will implement this Plan for the federal 

certification of applicators of RUPs in EPA R8 Indian country where no other EPAapproved plan exists. Implementation of this certification Plan will 1) provide a 

mechanism by which individuals can become certified; 2) establish requirements that 

ensure and demonstrate competency in the proper use and application of RUPs; and 3) 

ensure that an individual adheres to certification requirements.

IV. Definitions

See Appendix C for relevant definitions.

V. Applicability of the Plan

EPA R8 will implement this Plan within those areas of EPA R8 Indian country where no 

other EPA-approved plan applies. 
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Tribes in Region 8 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 or utilizing a state’s certification program by entering into an agreement with the 

state. An EPA-approved plan under 40 CFR § 171.10 would replace this federal plan for 

the relevant area of Indian country. Some tribes may also choose to further restrict or 

prohibit the use of RUPs in their areas through the implementation of tribal codes, laws, 

regulations, or applicable tribal requirements. EPA R8 intends to continue consulting

with tribes whose areas of Indian country are subject to this federal plan regarding the use 

of RUPs in their areas and notes that applicators certified under this Plan are responsible 

for complying with any applicable tribal requirements. 

VI. Legal Authority

EPA will implement this Plan under FIFRA section 11(a)(1) (see Appendix A), as 

amended, and 40 CFR § 171.11. 

The regulations at 40 CFR § 171.11(e) authorize EPA to issue certificates based upon the 

pesticide applicator first meeting the requirements for certification issued under any other 

EPA-approved state, federal or tribal certification program.

Additional enforcement authorities are contained in Sections 8, 9, 13 and 14 of FIFRA. 

Also see the FIFRA Enforcement Response Policy at 

http://cfpub.epa.gov/compliance/resources/policies/civil/fifra/.

VII. Lead Agency

EPA R8, Denver, Colorado, will administer this federal certification Plan for RUP

applicators in EPA R8 Indian country covered by this Plan. 

o EPA R8 Pesticide Program will administer routine maintenance activities, 

including application processing, database management, recordkeeping, and 

program oversight. The EPA R8 Pesticide Program is also authorized to 

certify applicators and conduct general outreach. 

o EPA R8 Technical Enforcement Program will conduct inspections as 

appropriate and coordinate with EPA R8 Legal Enforcement Program to take 

enforcement action under FIFRA sections 8, 9, 13, and 14, as well as the 

FIFRA Enforcement Response Policy, as appropriate. 

o EPA R8 Office of Regional Counsel will provide legal counsel to the EPA R8 

Pesticide Program, Technical Enforcement Program, and Legal Enforcement 

Program, as appropriate. 

A. Funding and Personnel
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EPA R8 has adequate resources to implement the Plan in EPA R8 Indian country

consistent with the requirements of FIFRA and the regulations at 40 CFR Part 171.

Table 1. Allocation of EPA R8 FTE and corresponding duties.

FTE*

(full time equivalent) Duties

0.25** application processing and associated duties (database 

management, recordkeeping, reporting, routine maintenance)

 0.25 program oversight, outreach

0.25** enforcement administration and associated duties (database 

management, recordkeeping, routine maintenance)

 0.35 EPA inspections, enforcement actions

 0.45 Tribal inspectors with federal inspector credentials

* These activities will fall within duties of existing staff and this does not represent an 

increase in staffing levels.

**SEE (senior environmental employee, contractor)

B. Reporting

The EPA R8 Pesticide Program will ensure that this Plan is maintained and kept 

current in accordance with the requirements at 40 CFR Part 171. EPA R8 will make 

the Plan publicly available at EPA’s Certification and Training database website: 

http://cpard.wsu.edu/. EPA R8 will submit annual certification accomplishment 

reporting by December 31st of each calendar year via the database website. EPA R8 

will maintain an active listing of federally certified applicators. Additionally, EPA 

R8 will maintain a list of the tribes covered under the Plan at 

www.epa.gov/region08/tobedetermined.

Copies of the Plan database and current listing of federally certified applicators will 

also be available in hard copy upon request by contacting:

Tribal C&T Program Manager

US EPA, R8

Pesticide Program, 8P-P3T

1595 Wynkoop Street
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Denver, CO 80202

1-800-227-8917

VIII. Applicator Requirements and Classification & Certification Options 

Under this Plan, EPA R8 will implement a program for the certification of private and 

commercial applicators to apply RUPs in those areas of EPA R8 Indian country where no 

other EPA-approved plan applies. Each applicator must determine if the RUP may be 

applied within a particular area of Indian country, or if application of the pesticide is 

limited by tribal code or other restrictions. 

A. Private Applicators

For individuals seeking certification as a private applicator under the Plan, EPA 

R8 will exercise its authority contained in 40 CFR §§ 171.11(d)(1) & (e) to issue 

certifications if the applicator either:

(1) Submits evidence of certification as a private applicator 

authorized to apply federally designated RUPs through an EPAapproved state or tribal plan with a contiguous boundary to the 

area of Indian country in question. If circumstances require, the 

EPA Region may work with the tribe to allow federal certification 

under this Plan based on a valid certification from another nearby 

state or tribe; or 

(2) Submits documentation of physical attendance and completion 

of an approved training and self-study evaluation. 

Length of certification:

Under 40 CFR 171.11(e), currently a private applicator\certificate expires 

3 years after the date of issuance or until the expiration date of the original 

federal, state, or tribal certificate, whichever occurs first. A proposed rule 

is currently under development that will allow a federal certification based 

on a valid federal, state or tribal certification, to expire when the original 

certificate expires, unless the certificate is suspended or revoked. Once 

the amendment is finalized, the Agency will utilize the expiration date of 

the original valid certification.

Renewal/recertification: Applicators may apply to be recertified through 

the options listed in Section VIII (A) (1) and (2) of this Plan during the 12 

months preceding the expiration of their current certificate.
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B. Commercial Applicators

For individuals seeking certification as a commercial applicator under the Plan, 

EPA R8 will utilize its authority contained in 40 CFR § 171.11(e) to issue 

certification as described below: 

(1) Submitting evidence of certification as a commercial 

applicator authorized to apply federally designated RUPs under 

any other EPA-approved state, federal or tribal plan with a 

contiguous boundary to the area of Indian country in question.

Under this option, EPA R8 may issue federal certificates to 

persons who are certified as commercial applicators for the same 

category(ies) listed in their original certificate (except for sodium 

cyanide capsules used with ejector devices and sodium 

fluoroacetate used in livestock protection collars; see part IX of 

this Plan for more information on these categories). If 

circumstances require, the EPA Region may work with the tribe to 

allow federal certification under this Plan based on a valid 

certification from another nearby state or tribe.

Length of certification:

Under 40 CFR 171.11(e), currently a commercial applicator certificate 

expires 2 years after the date of issuance and three years for private 

applicators, or until the expiration date of the original federal, state, or 

tribal certificate, whichever occurs first. A proposed rule is currently under 

development that will allow a federal certification based on a valid federal, 

state or tribal certification, to expire when the original certificate expires, 

unless the certificate is suspended or revoked. Once the amendment is 

finalized, the Agency will utilize the expiration date of the original valid 

certification.

Renewal/recertification: Applicators may apply to be recertified through 

the options listed in Section VIII (B)( 1 ) of this Plan during the 12 months 

preceding the expiration of their current certificate. 

IX. Commercial Applicator Categories 

EPA will recognize commercial applicators according to the competency standards 

enumerated at 40 CFR § 171.4(c). EPA will recognize the categories authorized in the 

original certificate, and commercial applicators will be authorized to apply RUPs in 

Indian country for uses covered in their underlying federal, state or tribal certificate with 

the exception of the following: 
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For sodium cyanide capsules used with ejector devices for livestock predator control, 

there is a use restriction that requires that supervisors of applicators monitor the 

applicators. As stated on the labels, the supervisors are the registrants, which may be 

federal agencies, state agencies, or Indian tribes. Currently, only one Indian tribe -- the 

Navajo Nation -- has obtained a registration for sodium cyanide capsules. Under this 

Region 8 federal plan, a federal certificate will only include a sodium cyanide capsule 

category if the relevant Indian tribe for the area of Indian country at issue obtains its own 

registration for this product and will conduct its own monitoring and supervision. 

Registrations for sodium fluoroacetate used in livestock protection collars are currently 

limited to one federal agency, to State agencies in Montana, New Mexico, South Dakota, 

and Wyoming, and to a private entity whose registered product may only be used in 

Texas. Currently, no Indian tribe has a registration for sodium fluoroacetate used in 

livestock protection collars. Under this Region 8 federal plan, a federal certificate will 

only include a sodium fluoroacetate livestock protection collar category if the relevant

Indian tribe for the area of Indian country at issue obtains its own registration for this 

product and will conduct its own monitoring and supervision. 

X. Certification Procedures

Persons seeking commercial certification to apply RUPs in EPA R8 Indian country must 

submit to EPA R8, at the address noted below, a completed ‘Pesticide Applicator 

Certification Form’ EPA Form xxxx-xx (Appendix D) along with proof (copy of 

certificate, credential, license, or other documentation) of a valid/current federal, state, or 

tribal certification with a contiguous boundary to the relevant area of Indian country. 

Individuals seeking to be certified as private applicators must submit a completed 

‘Pesticide Applicator Certification Form’ EPA Form xxxx-xx (Appendix D) with either 

(1) copy of certificate, credential, license, or other documentation of a valid/current 

federal, state, or tribal certification, or, (2) documentation showing they have physically

attended and completed an approved training course and self-study evaluation. The selfstudy evaluation and guide can be obtained by contacting EPA R8 at the address below. 

EPA R8 may verify with the appropriate federal, state, or tribal certifying agency with 

which the applicant is claiming to hold a valid/current certification that the certification 

on which EPA R8 would base its federal certification is, in fact, valid and current.

The Pesticide Applicator Certification Form is currently available at 

www.regulations.gov , docket number docket identification number EPA–HQ–OPP–

2010–0723. Once the Plan is final, the form will be available at

www.epa.gov/region08/tobedetermined or may be obtained by contacting EPA R8 

directly at:
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Tribal C&T Program Manager

US EPA, R8

Pesticide Program, 8P-P3T

1595 Wynkoop Street

Denver, CO 80202

1-800-227-8917 

XI. Enforcement of the Plan

A. Enforcement Authority

EPA R8 will enforce this Plan in those areas of EPA R8 Indian country where no 

other EPA-approved plan applies. States, tribes, and other federal agencies that 

issued a certification upon which the federal certification described herein is based 

are not approved or authorized by EPA to assure compliance in Indian country with 

the federal certification provided by this Plan. 

EPA has the authority to take action, as appropriate, to ensure that RUPs are used in 

accordance with their EPA-registered labeling. EPA R8 will also ensure that 

pesticide applicators and dealers comply with the requirements of FIFRA and the 

implementing regulations, including provisions of this federal Plan specified in 40 

CFR § 171.11, in EPA R8 Indian country. 

Specifically, commercial applicators are required to maintain records as provided in 

40 CFR § 171.11(c) (7). 

EPA will allow, during the 6 month period after publication of the final Plan, 

applicators to apply RUPs under the Plan in EPA Region 8 Indian country only for 

the categories for which they already have a valid state, tribal or federal certificate2if 

they submit a complete application to EPA Region 8 showing proof of a valid state, 

tribal, or federal certification.3 

Beginning 6 months after publication of the final Plan, applicators who are covered 

under this Plan and have not received a written federal certification from EPA Region 

8 are prohibited from applying RUPs in EPA Region 8 Indian country. 

B. Pesticide Dealer Reporting Requirements

 

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Please see Section IX for commercial applicator categories recognized under the Plan, as there are 

proposed exceptions for sodium cyanide capsules used with ejector devices and sodium fluoroacetate used 

in livestock protection collars.

3 Although predicated in part on the applicator's existing valid certification, any use permitted under this 

Plan is allowed and will be enforced only under federal authority.
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Each restricted use pesticide retail dealer in Indian country where this federal Plan

applies must keep records and submit reports to EPA as set forth in 40 CFR § 

171.11(g). To comply with these reporting requirements all pesticide dealers and 

pesticide dealerships located within EPA R8 Indian country must send such reports 

to:

Tribal C&T Program Manager

US EPA, R8

Pesticide Program, 8P-P3T

1595 Wynkoop Street

Denver, CO 80202

1-800-227-8917 

C. Inspections

EPA R8 will enforce this Plan by conducting inspections, as appropriate, of RUP

dealers and certified applicators in EPA R8 Indian country to ensure that RUP dealers 

are maintaining the required records, are making RUPs available for use in 

accordance with 40 CFR §171.11(g), and that certified applicators are complying 

with all applicable label directions. In addition, tribal pesticide inspectors possessing 

federal inspector credentials and/or EPA R8 inspectors will also perform inspections 

and investigations on behalf of EPA. 

EPA R8 has the authority to review RUP dealer records and certified applicator 

records pursuant to Sections 8 and 11 of FIFRA, 7 U.S.C. § 136f and 136i-1(b), and 

40 CFR §§ 171.11(g)(3) and (c)(7). Federally credentialed tribal inspectors and/or 

EPA R8 inspectors will investigate incidents, accidents, and complaints related to 

pesticide use in EPA R8 Indian country and report to EPA R8 for appropriate 

enforcement response as set forth by the FIFRA Enforcement Response Policy 

(http://cfpub.epa.gov/compliance/resources/policies/civil/fifra/) and as consistent with 

other EPA policies.

D. Revocation, Suspension, and Modification 

EPA R8 may, if appropriate, deny, modify, suspend, or revoke a certificate, or take an enforcement action 

under FIFRA if the applicant or certificate holder has been convicted under section 14(b) of FIFRA or been 

subject to a final order imposing a civil penalty under section 14(a) of FIFRA or where any of the following 

acts listed in 40 CFR § 171.11(f) occur: 

o use of any registered pesticide in a manner inconsistent with its labeling;

o making available for use, or use of any registered pesticide classified for 

restricted use other than in accordance with section 3(d) of the amended 

FIFRA and any regulations promulgated thereunder;

o refusal to keep and maintain any records required pursuant to this section;

o making of false or fraudulent records, invoices or reports;
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o failure to comply with any limitations or restrictions on or in a duly issued 

certificate, or

o violation of any provision of the amended FIFRA and the regulations 

promulgated thereunder.

Pursuant to 40 CFR § 171.11(e), EPA Region 8 will begin procedures to revoke the 

federal certification if the federal, state, or tribal certificate upon which the federal 

certificate is based is revoked. EPA may also suspend or modify a federal certificate 

if the federal, state, or tribal certificate upon which it is based is suspended or 

modified.

If EPA R8 decides to deny, revoke, suspend or modify a certificate, EPA R8 will 

notify (1) the applicant or certificate holder pursuant to 40 CFR § 171.11(f)(2)(i) and 

the EPA R8 FIFRA Enforcement Response Policy, and (2) the agency that issued the 

original certificate upon which the federal certificate was based, if necessary. If the 

applicant or certificate holder requests a hearing pursuant to 40 CFR 

§ 171.11(f)(2)(ii), EPA will follow the hearing process contained in 40 CFR 

§ 171.11(f)(3) & (4). 

E. Penalties

Under Section 14 of FIFRA, 7 U.S.C. § 136l, as amended by the Federal Civil 

Penalties Inflation, Adjustment Act of 1990, 28 U.S.C. § 146l, and the Debt 

Collection Improvement Act of 1996, 31 U.S.C. § 370l, EPA has the authority to 

assess both civil and criminal penalties for violations of FIFRA. Commercial 

applicators, wholesalers, dealers, retailers, or other distributors can be assessed a fine 

of up to a $7,500 for each offense as civil penalties and up to $25,000 or 

imprisonment, for not more than one year, or both, for each offense as criminal 

penalties. Private applicators, subsequent to receiving a written warning, can be 

assessed a civil penalty up to $1,100, or a criminal penalty of not more than a $1,000 

fine and/or imprisonment, for not more than thirty (30) days, for each offense. EPA 

R8’s enforcement actions are conducted consistent with applicable EPA R8 

enforcement and tribal policies and guidance. 

XII. APPENDICES

Appendix A. Federal Insecticide Fungicide & Rodenticide Act – Section 11

SEC. 11. [7 U.S.C. 136i] USE OF RESTRICTED USE PESTICIDES; 

APPLICATORS.

(a) CERTIFICATION PROCEDURE.—

(1) FEDERAL CERTIFICATION.—In any State for which a State plan for 

applicator certification has not been approved by the Administrator, the Administrator, in 
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consultation with the Governor of such State, shall conduct a program for the certification 

of applicators of pesticides. Such program shall conform to the requirements imposed

upon the States under the provisions of subsection (a)(2) of this section and shall not 

require private applicators to take any examination to establish competency in the use of 

pesticides. Prior to the implementation of the program, the Administrator shall publish in 

the Federal Register for review and comment a summary of the Federal plan for 

applicator certification and shall make generally avail-able within the State copies of the 

plan. The Administrator shall hold public hearings at one or more locations within the 

State if so requested by the Governor of such State during the thirty days following 

publication of the Federal Register notice inviting comment on the Federal plan. The 

hearings shall be held within thirty days following receipt of the request from the 

Governor. In any State in which the Administrator conducts a certification program, the 

Administrator may require any per-son engaging in the commercial application, sale, 

offering for sale, holding for sale, or distribution of any pesticide one or more uses of 

which have been classified for restricted use to maintain such records and submit such 

reports concerning the commercial application, sale, or distribution of such pesticide as 

the Administrator may be regulation prescribe. Subject to paragraph (2), the 

Administrator shall prescribe standards for the certification of applicators of pesticides. 

Such standards shall provide that to be certified, an individual must be determined to be 

competent with respect to the use and handling of pesticides, or to the use and handling 

of the pesticide or class of pesticides covered by such individual’s certification. The 

certification standard for a private applicator shall, under a State plan submitted for 

approval, be deemed fulfilled by the applicator completing a certification form. The 

Administrator shall further assure that such form contains adequate information and 

affirmations to carry out the intent of this Act, and may include in the form an affirmation 

that the private applicator has completed a training program approved by the 

Administrator so long as the program does not require the private applicator to take, 

pursuant to a requirement prescribed by the Administrator, any examination to establish 

competency in the 

use of the pesticide. The Administrator may require any pesticide dealer participating in a 

certification program to be licensed under a State licensing program approved by the 

Administrator. 

(2) STATE CERTIFICATION.—If any State, at any time, de-sires to certify 

applicators of pesticides, the Governor of such State shall submit a State plan for such 

purpose. The Administrator shall approve the plan submitted by any State, or any 

modification thereof, if such plan in the Administrator’s judgment—

(A) designates a State agency as the agency responsible for administering the 

plan throughout the State; 

(B) contains satisfactory assurances that such agency has or will have the 

legal authority and qualified personnel necessary to carry out the plan; 

(C) gives satisfactory assurances that the State will de-vote adequate funds to 

the administration of the plan; 

(D) provides that the State agency will make such re-ports to the 

Administrator in such form and containing such information as the Administrator 

may from time to time require; and
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(E) contains satisfactory assurances that State standards for the certification 

of applicators of pesticides conform with those standards prescribed by the 

Administrator under paragraph (1). 

Any State certification program under this section shall be maintained in 

accordance with the State plan approved under this section. 

(b) STATE PLANS.—If the Administrator rejects a plan submitted under subsection 

(a)(2), the Administrator shall afford the State submitting the plan due notice and 

opportunity for hearing before so doing. If the Administrator approves a plan submitted 

under subsection (a)(2), then such State shall certify applicators of pesticides with respect 

to such State. Whenever the Administrator determines that a State is not administering 

the certification pro-gram in accordance with the plan approved under this section, the 

Administrator shall so notify the State and provide for a hearing at the request of the 

State, and, if appropriate corrective action is not taken within a reasonable time, not to 

exceed ninety days, the Administrator shall withdraw approval of such plan. 

(c) INSTRUCTION IN INTEGRATED PEST MANAGEMENT TECHNIQUES.—Standards prescribed by the Administrator for the certification of applicators 

of pesticides under subsection (a), and the State plans submitted to the Administrator 

under subsection (a), shall include provisions for making instructional materials 

concerning integrated pest management techniques available to individuals at their 

request in accordance with the provisions of section 23(c) of this Act, but such plans may 

not require that any individual receive instruction concerning such techniques or be 

shown to be competent with respect to the use of such techniques. The Administrator and 

States implementing such plans shall provide that all interested individuals are notified of 

the availability of such instructional materials. 

(d) IN GENERAL.—No regulations prescribed by the Administrator for carrying out 

the provisions of this Act shall require any private applicator to maintain any records or 

file any reports or other documents.

(e) SEPARATE STANDARDS.—When establishing or approving standards for 

licensing or certification, the Administrator shall establish separate standards for 

commercial and private applicators. 
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Appendix B. 40 Code of Federal Regulations – Protection of the Environment, 

Section 171.11
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17
18
19
20
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Appendix C. Definitions

Certification: 

The term certification means the recognition by a certifying agency that a person is 

competent and thus authorized to use or supervise the use of restricted use pesticides.

40 CFR 171.2(a)(7)

Commercial applicator: 

The term ‘‘commercial applicator’’ means an applicator (whether or not the 

applicator is a private applicator with respect to some uses) who uses or supervises 

the use of any pesticide which is classified for restricted use for any purpose or on 

any property other than as provided by paragraph (2) [private applicator definition]. 

FIFRA 2(e)(3)

Indian country:

As defined at 18 U.S.C. § 1151: (a) all land within the limits of any Indian reservation 

under the jurisdiction of the United States Government, notwithstanding the issuance 

of any patent, and, including rights-of-way running through the reservation; (b) all 

dependent Indian communities within the borders of the United States whether within 

the original or subsequently acquired territory thereof, and whether within or without 

the limits of a state; and (c) all Indian allotments, the Indian titles to which have not 

been extinguished, including rights-of-way running through the same. 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. 

Pesticide: 

The term ‘‘pesticide’’ means (1) any substance or mixture of substances intended for 

preventing, destroying, repel-ling, or mitigating any pest, (2) any substance or 

mixture of sub-stances intended for use as a plant regulator, defoliant, or desiccant, 

and (3) any nitrogen stabilizer, except that the term ‘‘pesticide’’ shall not include any 

article that is a ‘‘new animal drug’’ within the meaning of section 201(w) of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)), that has been determined 

by the Secretary of Health and Human Services not to be a new animal drug by a 

regulation establishing conditions of use for the article, or that is an animal feed 

within the meaning of section 201(x) of such Act (21 U.S.C. 321(x)) bearing or 

containing a new animal drug. The term ‘‘pesticide’’ does not include liquid chemical 

sterilant products (including any sterilant or subordinate disinfectant claims on such 

products) for use on a critical or semi-critical device, as de-fined in section 201 of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). For purposes of the 

preceding sentence, the term ‘‘critical device’’ includes any device which is 

introduced directly into the human body, either into or in contact with the 

bloodstream or normally sterile areas of the body and the term ‘‘semi-critical device’’ includes any device which contacts intact mucous membranes but which does 
22

not ordinarily penetrate the blood barrier or other-wise enter normally sterile areas of 

the body. FIFRA 2(u)

Private applicator: 

The term ‘‘private applicator’’ means a certified applicator who uses or supervises the 

use of any pesticide which is classified for restricted use for purposes of producing 

any agricultural commodity on property owned or rented by the applicator or the 

applicator’s employer or (if applied without compensation other than trading of 

personal services between producers of agricultural commodities) on the property of 

another person. FIFRA 2(e)(2) 

Restricted use pesticide (RUP): 

A pesticide that is classified for restricted use under the provisions of section 

3(d)(1)(C) of FIFRA
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Appendix D

Pesticide Applicator Certification Form (draft)

The form is available at www.regulations.gov

Docket identification number EPA–HQ–OPP–2010–0723
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