EPA ICR No. 0155.09 OMB Control No. 2070-0029

ATTACHMENT B Section 11 of the Federal Insecticide, Fungicide, and Rodenticide ActSection 11 of the Federal Insecticide, Fungicide, and Rodenticide Act

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 Admini strator, the Administrator, in consultation

with the Governor of such Stat e, shall conduct a program for th e 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 Administrato r shall publish in the Federal Register for review and comment a summary of the Federal plan for applicator ce rtification and shall make generally available within the State copi es of the plan. The Administrator shall hold public hearings at one or more locations within the State if so request ed by the Governor of such State during the thirty days following publi cation 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 re quire any person engaging in the commercial application, sale, offering for sale, holding fo r 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 regulati on prescribe. Subject to paragraph (2), the Administrator shall prescribe standards for the ce rtification of applicator s 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 pesticid es, or to the use and ha ndling of the pesticide or class of pesticides covered by such individu al’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 affi rmations 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, pur suant to a requirement prescrib ed 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 approve d by the Administrator. (2) STATE CERTIFICATION.—If any State, at any time, desires to certify applicators of pesticides, the Governor of such State sh all 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 ne cessary to carry out the plan;(C) gives satisfactory assurances that th e State will devote adequate funds to the administration of the plan; (D) provides that the State agency will make such reports to the Administrator in such form and containing such information as the Administrator may from time to time require; and (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 ce rtify applicators of pesticides with respect

to such State. Whenever the Administrator de termines that a State is not administering the certification program in accordance with the plan approved under this section, the Administrator shall so notify the State and pr ovide for a hearing at the request of the State, and, if appropriate co rrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shal l withdraw approval of such plan. (c) INSTRUCTION IN INTEGRATED PEST MANAGEMENT TECHNIQUES.— Standards prescribed by the Administrator for th e certification of appli cators of pesticides under subsection (a), and the State plans submitted to the Administrator under subsection (a), shall include provisions for making instru ctional materials concerning integrated pest management techniques available to individu als at their request in accordance with the provisions of section 23(c) of this Act, but su ch 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 av ailability of such

instructional materials. (d) IN GENERAL.—No regulations prescribedby the Administrator for carrying out the provisions of this Act shall require any pr ivate applicator to maintain any records or file any reports or other documents. (e) SEPARATE STANDARDS.—When establ ishing or approving standards for licensing or certification, the Administrator shall establish separate standards for commercial and private applicators.