EPA Finalizes Extension of the Certification of Pesticide Applicators Rule Deadline
Released on August 19, 2022
The U.S. Environmental Protection Agency (EPA) issued a final rule extending the deadline for states, tribes, and federal agencies with existing certification plans to comply with the updated federal standards under the 2017 Certification of Pesticide Applicators rule. State, territory, tribal, and federal authorities can continue existing applicator certification programs until November 4, 2023. After that date, only authorities with EPA-approved modified certification plans can continue to certify applicators of restricted use pesticides (RUPs).
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires authorities to have an EPA-approved certification plan to certify applicators of RUPs. In 2017, EPA updated the Certification of Pesticide Applicators regulations, setting stronger standards for people who apply RUPs. All states, territories, tribes, and federal authorities with existing certification programs have submitted modified plans to the EPA for review and approval. To date, of the nation’s 68 certification programs, EPA has reviewed all proposed modified plans and has approved seven plans (four from state lead agencies, three from federal agencies), which are now starting to be implemented.
For the existing certification plans that remain to be finalized, EPA issued a short-term extension to the original expiration deadline of March 4, 2022 and requested comment on a proposal to further extend the deadline for expiration, in part because of the impact of the COVID-19 public health emergency on certification programs, as well as the complexity of EPA’s review of plans. EPA has carefully considered stakeholder and co-regulator comments and has assessed the progress of final revisions and approvals to help determine an appropriate length of time for an extension and is confident that it can finish approving all plans before the new November 4, 2023 deadline.
This extension avoids disruptions to authorities’ certification programs, and to those who are certified to use RUPs under those programs. The implementation of revised certification plans and programs is crucial to reducing potential RUP exposures to certified applicators and those working under their direct supervision, other workers, the public, and the environment. This extension will also give EPA and its co-regulators the needed time to ensure that the revised plans meet federal standards to achieve these goals.
Read the final rule with the new deadline. More information is also available in docket EPA-HQ-OPP-2021-0831 at www.regulations.gov.
To track the progress of state plan approvals, visit here.