[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Pages 39640-39642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16443]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 171
[EPA-HQ-OPP-2011-0049; FRL-9334-4]
RIN 2070-AJ77
Synchronizing the Expiration Dates of the Pesticide Applicator
Certificate With the Underlying State or Tribal Certificate
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This final rule will reduce burden to restricted use pesticide
applicators and simplify federal certification expiration dates.
Restricted use pesticides (RUPs) are those which may generally cause
unreasonable adverse effects on the environment without additional
restrictions. RUPs may only be applied by or under the direct
supervision of an applicator certified as competent by a certifying
agency. A State, tribe, or Federal agency becomes a certifying agency
by receiving approval from EPA on their certification plan. In areas
not covered by a certifying agency, EPA may establish a Federal
certification plan and issue Federal certificates directly. One way EPA
may issue a Federal certificate is based on an existing valid
certificate from a certifying agency, and this final rule will
synchronize the expiration dates on the Federal certificate with that
of the certifying agency certificate on which the Federal certificate
is based.
DATES: This final rule is effective September 4, 2012.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0049, is available either
electronically through http://www.regulations.gov or in hard copy at
the OPP Docket in the Environmental Protection Agency Docket Center
(EPA/DC), located in EPA West, 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 http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Joe Hogue, Field and External Affairs
Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 308-9072; fax number: (703) 308-7070;
email address: hogue.joe@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you are or intend
to become a certified applicator under an EPA Federal certification
plan. Certified applicators are included in three major industries in
the North American Industrial Classification System (NAICS) codes
described as crop production, animal production or exterminating, and
pest control services. Potentially affected entities may include, but
are not limited to:
Crop production (NAICS code 111), e.g., individuals that
are private certified applicators on farms.
Animal production (NAICS code 112), e.g., individuals that
are private certified applicators on farms.
Exterminating and pest control services (NAICS code
561710), e.g., individuals that are commercial certified applicators
for hire.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected.
B. What is the agency's authority for taking this action?
This final rule is issued pursuant to the authority in sections 11
and 25 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) (7 U.S.C. 136i and w). Section 11 of FIFRA (7 U.S.C. 136i),
requires EPA to provide certification plans for applicators of RUPs.
Section 25 of FIFRA (7 U.S.C. 136w), authorizes EPA to issue
regulations to carry out provisions of FIFRA.
II. Background
Under the provisions of FIFRA section 3(d)(1)(C), EPA shall
classify a pesticide for restricted use, if, absent additional
regulatory restrictions, the Agency determines that it may generally
cause unreasonable adverse effects on the environment. RUPs may be
applied only by a certified applicator or under the direct supervision
of a certified applicator.
Pesticide applicators can be certified either by a certifying
agency (a State, tribe, or non-EPA Federal agency that has an EPA-
approved certification plan), or directly by EPA through a Federal
certification plan for an area or situation not covered by a certifying
agency's plan. Applicators must demonstrate competency to the
certifying agency granting the certificate, according to the
requirements of that agency's plan. Currently, all 50 States, some
federal agencies, and 4 tribes are certifying agencies (i.e., they
implement their EPA-approved certification plans). Applicators
certified by a State may apply RUPs in that State, and applicators
certified by a tribe may apply RUPs in that tribe's Indian country,
without a Federal certificate. However, under 40 CFR 171.11, in areas
where there is no EPA-approved certification plan in effect (currently,
most of Indian country), EPA may implement a Federal plan, thereby
allowing applicators to use RUPs in the area covered by the plan after
receiving Federal certification. Under 40 CFR 171.11(e), a Federal plan
may include an option that allows applicators to be issued an EPA
Federal certificate after submitting to EPA a certification form along
with documentation of a valid certificate from a certifying agency,
without further demonstration of competency.
Applicator certificates have expiration dates to help ensure that
certified applicators maintain their competency.
[[Page 39641]]
All certifying agencies implement a recertification program for
applicators. These programs require certified applicators to continue
to meet the competency requirements either through continuing education
or examination.
Section 171.11(e) states that an EPA Federal certificate based on a
certifying agency's certificate is valid for 2 years for commercial
applicators and 3 years for private applicators, or until the
expiration date of the original certifying agency certificate,
whichever occurs first. The duration of the certification period varies
significantly among States, with some currently being shorter and some
longer than the Federal certificate maximum of 2 or 3 years.
On June 24, 2011 (76 FR 37045) (FRL-8863-7), EPA published a
proposed rule to eliminate the 2 or 3 year maximum for Federal
certificates and allow Federal certification to expire at the same time
as the underlying certifying agency certificate. The public comment
period for the proposed rule closed on August 23, 2011. EPA received
one comment, which was from a tribal government agency and supported
the proposal. The commenter said that the rule will ``eliminate
confusion about the different expiration dates and there will be less
paperwork.''
III. Final Rule
This action will finalize what was proposed in June 2011. EPA is
amending 40 CFR 171.11(e) to synchronize the expiration dates for the
EPA Federal certificate with the certifying agency certifications of
RUP applicators. This minor revision does not pose any additional
requirement or burden and is expected to have a beneficial impact on
affected entities, without impacting human health or the environment.
EPA will benefit through the reduction of administration of Federal
certification plans. Additionally, this rule supersedes the expiration
dates described in the Navajo Certification Plan. Further explanation
of benefits and the underlying reasons for this revision are explained
in the proposed rule associated with this action (June 24, 2011; 76 FR
37045).
IV. FIFRA Mandated Reviews
In accordance with FIFRA section 25(a) and (d), EPA submitted a
draft of this final rule to the Committee on Agriculture in the House
of Representatives, the Committee on Agriculture, Nutrition, and
Forestry in the United States Senate, the United States Department of
Agriculture (USDA), and the FIFRA Scientific Advisory Panel (SAP). The
SAP and USDA waived review of this final rule.
V. Statutory and Executive Order Reviews
This action will allow EPA to use the same expiration date for the
certification it grants, using the expiration date of the valid
certifying agency certification upon which the EPA certification is
based. It does not otherwise amend or impose any other requirements.
The final rule will not otherwise involve any significant policy or
legal issues, and will not increase existing costs. In fact,
synchronizing the expiration dates can reduce burden because some
applicators will have to complete less paperwork by having a reduced
frequency of Federal recertification. As such, EPA is not required to
make special considerations or evaluations under the following
statutory and Executive Order review requirements.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This is not a ``significant regulatory action'' under Executive
Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject
to review under Executive Orders 12866 and 13563 (76 FR 3821, January
21, 2011).
B. Paperwork Reduction Act (PRA)
This action does not impose or change any information collection
burden that requires additional review by the Office of Management and
Budget (OMB) under the provisions of the PRA (44 U.S.C. 3501 et seq.).
Burden is defined at 5 CFR 1320.3(b). An Agency may not conduct or
sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under PRA, unless it has been
approved by OMB and displays a currently valid OMB control number. The
OMB control numbers for EPA's regulations in title 40 of the CFR, after
appearing in the Federal Register, are listed in 40 CFR part 9, and
included on the related collection instrument, or form, if applicable.
The information collection activities contained in the regulations
are already approved under OMB control number 2070-0029 (EPA ICR No.
0155.09), and the changes to the expiration date do not change the
covered activities such that additional OMB review or approval is
required.
C. Regulatory Flexibility Act (RFA)
Pursuant to section 605(b) of the RFA (5 U.S.C. 601 et seq.), I
hereby certify that this final rule does not have a significant
economic impact on a substantial number of small entities. Under the
RFA, small entities include small businesses, small organizations, and
small governmental jurisdictions. In making this determination, the
impact of concern is any significant adverse economic impact on small
entities because the primary purpose of regulatory flexibility analysis
is to identify and address regulatory alternatives ``which minimize any
significant economic impact of the rule on small entities.'' 5 U.S.C.
603 and 604. Thus, an agency may certify under RFA when the rule
relieves regulatory burden, or otherwise has no expected economic
impact on small entities subject to the rule.
The revision in this final rule will only synchronize the
certification expiration dates for restricted use applicators and is
not expected to have any adverse economic impacts on affected entities,
regardless of their size. It does not otherwise amend or impose any
other requirements. As such, this final rule will not have any adverse
economic impact on any entities, large or small.
D. Unfunded Mandates Reform Act (UMRA)
State, local, and tribal governments are not regulated by this
final rule, so it is not expected to affect these governments.
Accordingly, pursuant to Title II of UMRA (2 U.S.C. 1531-1538), EPA has
determined that this action is not subject to the requirements in
sections 202 and 205 of UMRA because it does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or for the
private sector in any 1 year. In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA.
E. Executive Order 13132: Federalism
This action will not have ``federalism implications'' as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it is
not expected to have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Thus, Executive Order 13132 does not apply to this action.
[[Page 39642]]
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will
not have substantial direct effects on Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes. This rule only affects some applicators
of RUPs that are certified under an EPA federal plan by reducing their
paperwork burden, and it is not expected to impact human health or the
environment or impose any additional burden or restrictions, or
otherwise affect Indian tribes. Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks, nor is it an ``economically significant regulatory
action'' as defined by Executive Order 12866.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant regulatory action'' as defined
in Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards that would require
the consideration of voluntary consensus standards pursuant to section
12(d) of NTTAA (15 U.S.C. 272 note).
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
This action does not have disproportionately high and adverse human
health or environmental effects on minority or low-income populations
because it does not affect the level of protection provided to human
health or the environment. Therefore, this action does not involve
special consideration of environmental justice-related issues as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
VI. Congressional Review Act
Pursuant to the Congressional Review Act, 5 U.S.C. 801 et seq., EPA
will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 171
Environmental protection, Indian-lands, Intergovernmental
relations, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: June 21, 2012.
James Jones
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, 40 CFR chapter I is amended as follows:
PART 171--[AMENDED]
0
1. The authority citation for part 171 continues to read as follows:
Authority: 7 U.S.C. 136i and 136w.
0
2. Section 171.11 is amended by revising paragraph (e) to read as
follows:
Sec. 171.11 Federal certification of pesticide applicators in States
or on Indian Reservations where there is no approved State or Tribal
certification plan in effect.
* * * * *
(e) Recognition of other certificates. The Administrator may issue
a certificate to an individual possessing any other valid Federal,
State, or Tribal certificate without further demonstration of
competency. The individual shall submit the EPA certification form and
written evidence of valid certification to the appropriate EPA Regional
Office. The Administrator may deny issuance of such certificate if the
standards of competency for each category or subcategory identified in
the other Federal, State, or Tribal certificate are not sufficiently
comparable to justify waiving further demonstration of competency. The
Administrator may revoke, suspend, or modify such certificate if the
Federal, State, or Tribal certificate upon which it is based is
revoked, suspended, or modified. Unless suspended or revoked, a
certificate issued under this paragraph is valid until the expiration
date of the Federal, State, or Tribal certificate.
* * * * *
[FR Doc. 2012-16443 Filed 7-3-12; 8:45 am]
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