[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Proposed Rules]
[Pages 12244-12249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04189]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 171
[EPA-HQ-OPP-2011-0037; FRL-10005-59]
EPA Plan for the Federal Certification of Applicators of
Restricted Use Pesticides Within Indian Country; Proposed Revisions;
Notice of Availability and Request for Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA is announcing proposed revisions to the EPA-administered
federal pesticide applicator certification plan to certify applicators
of restricted use pesticides in areas of Indian country that are not
covered by any other EPA-approved certification plan. After this
proposed plan is finalized and implemented, certification of
applicators in Indian country will be administered by EPA, unless a
tribe submits its own tribal certification plan, enters into a tribal-
EPA agreement, or opts out of the revised EPA Plan. EPA is soliciting
comments on EPA's proposed revisions to the federal certification plan
in Indian country where no other EPA-approved plan applies.
DATES: Comments must be received on or before June 1, 2020.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0037, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Jackie Mosby, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (703) 305-7102; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
individual or business that is seeking certification to apply
restricted use pesticides (RUPs), as defined under section 3(d) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136a et seq.) and 40 CFR part 152, subpart I, in areas of Indian
country where no other EPA-approved plan applies. This action may,
however, be of interest to those involved in agriculture and anyone
involved with the distribution and application of pesticides for
agricultural purposes. Others involved with pesticides in a non-
agricultural setting may also be affected. Since other entities may
also be interested, the Agency has not attempted to describe all the
specific entities that may be affected by this action. You may be
potentially affected by this action if you are: A state lead agency
(SLA), tribe, or federal agency who administers a certification program
for pesticides applicators or a pesticide safety educator; or other
person who provides pesticide safety training for pesticide applicator
certification or recertification. This document also addresses EPA's
work on a government-to-government basis with tribes (see Unit VIII.).
If you have any questions regarding the applicability of this action to
a particular entity, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark
[[Page 12245]]
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD-ROM that you mail to EPA, mark the outside
of the disk or CD-ROM as CBI and then identify electronically within
the disk or CD-ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
II. What action is the Agency taking?
EPA is announcing its proposed revisions to the EPA-administered
federal pesticide applicator certification plan (EPA Plan) to certify
applicators of RUPs in Indian country and seeks public comment. This
proposed EPA Plan describes the process by which EPA will implement a
program for the certification of applicators of RUPs in areas of Indian
country based upon the certification requirements enumerated at 40 CFR
part 171. The proposed EPA Plan, in its entirety, is included in the
docket (Ref. 1).
III. What is the Agency's authority for this plan?
The proposed EPA Plan will be implemented under the authority of
FIFRA section 11(a)(1), and in accordance with the regulations found at
40 CFR 171.307(c) and 171.311. Additional enforcement authorities are
found in FIFRA sections 8, 9, 12, 13, 14, and 23.
IV. Background
Under FIFRA, EPA has the authority to classify registered
pesticides as either ``restricted use'' or ``general use.'' Pesticides
(or a 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.'' FIFRA section 3(d)(1)(C), 7
U.S.C. 136a(d)(1)(C). 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. FIFRA section
3(d)(1)(C)(i), 7 U.S.C. 136a(d)(1)(C)(i). 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. FIFRA section 3(d)(1)(C)(ii),
7 U.S.C. 136a(d)(1)(C)(ii). To be certified, an individual must be
determined to be competent with respect to the use and handling of
pesticides covered by the certification. FIFRA section 11(a), 7 U.S.C
136i(a).
It was the intent of Congress that persons desiring to use RUPs
should be able to obtain certification under programs approved by EPA,
as reflected in FIFRA sections 11 and 23. 7 U.S.C. 136i, 136u. The
regulations addressing federal agency, state, and tribal development
and submission of certification plans to EPA are contained at 40 CFR
part 171. It is EPA's position that federal agency, state, and tribal
plans are generally best suited to the needs of that particular federal
agency, state, or tribe and its citizens. States and tribes, however,
are not required to develop their own plans. Where EPA has not approved
a state or tribal certification plan, the Agency is authorized to
implement a plan administered by EPA for the federal certification of
applicators of RUPs pursuant to FIFRA section 11.
In 2014, EPA announced the finalization and implementation of an
EPA-administered certification plan for Indian country (2014 EPA Plan)
(Ref. 2). The 2014 EPA Plan described the process by which EPA would
implement a program for the certification of applicators of RUPs in
Indian country based upon the certification requirements enumerated at
40 CFR part 171 at the time. The entire 2014 EPA Plan is available in
Docket ID No. EPA-HQ-OPP-2011-0037 at http://www.regulations.gov.
In 2017, EPA published a final rule (2017 Rule) updating the
regulation at 40 CFR part 171 concerning the certification of RUP
applicators (Ref. 3). The 2017 Rule ensured that federal certification
program standards adequately protect applicators, the public, and the
environment from risks associated with use of RUPs. The 2017 Rule
sought to improve the competency of certified applicators of RUPs, to
increase protection for noncertified applicators using RUPs under the
direct supervision of a certified applicator through enhanced pesticide
safety training and standards for supervision of noncertified
applicators, and to establish a minimum age requirement for certified
and noncertified applicators using RUPs under the direct supervision of
a certified applicator.
Recognizing EPA's commitment to work more closely with tribal
governments to strengthen environmental protection in Indian country,
the 2017 Rule provided more practical options for establishing
certification programs in Indian country. The 2017 Rule offers three
options for tribes to establish valid EPA-recognized/approvable
certification programs in Indian country, along with a fourth ``opt-
out'' option, all which are detailed in Appendix A of the ``Tribal
Certification Plan Outline'' document (Ref. 4). The three options for
establishing a certification mechanism are as follows:
1. Tribal Reliance on Certifications Issued by Specified
Jurisdictions (Tribal-EPA Agreement): A tribe may establish a
certification plan with the relevant EPA region(s) through a written
agreement per 40 CFR 171.307(a) where the tribe specifies certain
federal agencies, states, and/or tribes whose certified applicators
will be authorized to use RUPs in the tribe's areas of Indian country.
The nature and extent of a tribe's role in implementing a 40 CFR
171.307(a) plan will be negotiated with the appropriate EPA region and
specified in the written agreement.
2. Certifications Issued by a Tribe (Tribal Certifications): A
tribe may choose to submit its own new or revised certification plan to
the appropriate EPA region for approval per 40 CFR 171.307(b). A tribal
certification plan needs to demonstrate that the plan meets all
requirements of 40 CFR 171.303 applicable to state certification plans,
except that the tribe's plan will not be required to meet the
requirements of 40 CFR 171.303(b)(6)(iii) with respect to provisions
for criminal penalties, or any other requirements for assessing
criminal penalties.
3. EPA-administered Certification Plan (EPA Plan): In any area of
Indian country not covered by a certification plan established under
either option 1 or 2, the Agency will implement the proposed EPA Plan
once it is finalized as provided in 40 CFR 171.307(c), except where a
tribe has elected to opt out. Under the EPA Plan, the Agency would be
responsible for certifying private and commercial applicators to use or
supervise the use of RUPs. Tribes may impose additional restrictions or
requirements on use of RUPs through tribal codes, laws, regulations or
other tribal procedures, but would not generally be involved in the
certification process. The existing 2014 EPA Plan will remain in full
effect until the
[[Page 12246]]
proposed EPA Plan under this option is finalized, no later than March
4, 2022. Once finalized, some components of the 2014 EPA Plan may
remain in effect while EPA prepares to implement the revised EPA Plan.
A fourth option for tribes is the ability to opt out of the
proposed EPA Plan for Indian country. If a tribe chooses to opt out,
the Agency will not implement the proposed EPA Plan in the area of
Indian country where the chairperson or equivalent elected leader of
the relevant tribe provides the Agency, during the comment period
initiated by this Notice, a written statement of the tribe's position
that the proposed EPA Plan should not be implemented per 40 CFR
171.307(c)(2). EPA's website will have additional information on the
process of opting out of the proposed EPA Plan after the comment period
ends (https://www.epa.gov/pesticide-applicator-certification-indian-country).
Currently, most of Indian country is covered by the 2014 EPA Plan.
EPA expects that most areas of Indian country will choose to continue
being covered by the 2014 EPA Plan and by the proposed EPA Plan once it
is finalized. Tribes that choose to continue to be covered by the EPA-
administered Plan for Indian country do not need to notify EPA. Tribes
that are currently covered by the 2014 EPA Plan that intend to develop
either a certification plan or a tribal-EPA agreement can do so at any
time and are not bound by the March 4, 2020 deadline in order to remain
covered under the 2014 EPA Plan.
There are four tribal certification plans that received approval
under 40 CFR 171.10(a)(2) prior to the 2017 Rule--those for the Three
Affiliated Tribes of the Fort Berthold Indian Reservation, the Cheyenne
River Sioux Tribe, the Rosebud Sioux Tribe, and the Shoshone-Bannock
Tribes of the Fort Hall Reservation. EPA also implemented a separate
federal plan for the Navajo Nation prior to the 2017 Rule. In addition,
EPA is aware of three tribes, the Santee Sioux Tribe of Nebraska, the
Prairie Band Potawatomi Nation, and the White Earth Band of Chippewa
Indians, that entered a Memorandum of Understanding with a state
pursuant to 40 CFR 171.10(a)(1) prior to the 2017 revisions to 40 CFR
part 171. EPA is aware that among these tribes there are some tribes
that plan to submit revised certification plans in accordance with the
new regulations at 40 CFR 171.307(a) or (b). Tribes with an existing
certification plan that do not submit a revised certification plan by
March 4, 2020 will be covered by the 2014 EPA Plan until the proposed
EPA Plan is finalized and implemented, unless a tribe decides to opt
out of the proposed EPA Plan.
V. Summary of the Proposed EPA Plan
EPA is proposing a new EPA Plan for those areas of Indian country
not covered by any other EPA-approved certification plan. This proposed
EPA Plan provides for the certification of applicators of RUPs,
references for training noncertified applicators who use RUPs under the
supervision of a certified applicator, pesticide dealer reporting and
recordkeeping, and enforcement consistent with the requirements of 40
CFR part 171. EPA will administer routine maintenance activities
associated with implementing this plan, including application
processing, database management and recordkeeping, and will conduct
inspections and take enforcement actions as appropriate. The final
revisions to the proposed EPA Plan will be made after the results of
the tribal consultation and public comments are taken into
consideration. Once finalized and fully implemented, the revised EPA
Plan will supersede all previous versions of the EPA Plan, including
the version published on February 6, 2014. Implementation of the EPA
Plan once finalized may be staggered based on when each section of the
finalized plan is brought into compliance.
A. Area(s) of Indian Country To Be Covered by the Proposed Plan
EPA intends to implement this Federal certification plan in
``Indian country,'' as defined at 40 CFR 171.3, where no other EPA-
approved plan applies, and where tribes have not ``opted-out'' of
coverage under the proposed EPA Plan. ``Indian country'' is defined at
40 CFR 171.3 as:
(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.
The definition of Indian country in 40 CFR 171.3 is identical to
the definition of that term in 18 U.S.C. 1151.
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.
B. Proposed Procedures and Requirements for Private Applicator
Certification and Recertification
EPA is proposing to continue to make available two options for
private applicators seeking a federal certificate under the proposed
EPA Plan.
1. Option to submit documentation of a currently valid certificate.
Consistent with the 2014 EPA Plan, a private applicator seeking federal
certification under this option must submit documentation of a
currently valid certificate as a private applicator authorized to apply
federally-designated RUPs through an EPA-approved certification plan
for a state or tribe with a contiguous boundary to the relevant area of
Indian country along with a completed Pesticide Applicator
Certification Form.
The applicator may submit certificates from multiple jurisdictions,
if necessary, to support a certification pursuant to the proposed EPA
Plan that covers multiple areas of Indian country that are located
within different states within a region. If an applicator seeking
federal certification is unable to obtain certification through an
adjacent state or tribal program, the applicator may submit
documentation of certification from another state or tribal program.
EPA will determine whether to waive further demonstration of competency
based on verification that the use conditions and pest pressures in the
area where the applicator is certified are similar to where the
applicator intends to apply.
a. Duration of certificate. Federal certificates for private
applicators under this option will expire at the expiration date of the
underlying certificate, or on the date the certificate is suspended or
revoked, whichever is earlier.
b. Renewal/recertification. Private applicators must complete the
recertification requirements of the underlying state or tribe's
certificate and submit documentation.
2. Option to complete the EPA training course. Private applicators
seeking federal certification under this option will need to submit
documentation of completion of the EPA training course along with a
completed Pesticide Applicator Certification Form. While the framework
of this option is consistent with the 2014 EPA Plan, identification
[[Page 12247]]
verification has been enhanced and the current EPA training course will
be revised to be in compliance with 40 CFR part 171. Private
applicators will receive a general federal certificate; however, a
private applicator with a federal certificate under this option alone
is not sufficient to authorize the purchase, use, or supervision of the
use of the RUP in the categories of sodium cyanide predator control,
sodium fluoroacetate predator control, soil fumigation, non-soil
fumigation, and aerial pest control. Additional certificates will be
needed for those categories. Private applicators seeking to obtain a
federal certificate to apply sodium cyanide and sodium fluoroacetate in
Indian country under this proposed EPA Plan should refer to Unit V.D.
for more information.
a. Duration of certificate. Private applicator federal
certification by EPA under this option expires after one year.
b. Renewal/recertification. For recertification, private
applicators seeking a federal certificate under this option must
satisfactorily complete EPA's online course during the six months
preceding the expiration of their current certificate. Recertification
through this option expires after one year.
C. Proposed Procedures and Requirements for Commercial Applicator
Certification and Recertification
EPA is keeping the option for commercial applicators to obtain a
federal certificate by submitting documentation of a currently valid
certification as a commercial applicator authorized to use federally
designated RUPs through an EPA-approved federal agency plan, or an EPA-
approved state or tribal certification plan with a contiguous boundary
to the relevant areas of Indian country. EPA may issue federal
certificates to persons who are certified as commercial applicators for
the same categories listed in their underlying certificate, except for
the sodium cyanide and sodium fluoroacetate predator control categories
(see Unit V.D.).
The applicator may submit certificates from multiple jurisdictions,
if necessary, to support a certification pursuant to the proposed EPA
Plan that covers multiple areas of Indian country that are located
within different states within a particular EPA region. If an
applicator seeking federal certification is unable to obtain
certification through an adjacent state or tribal program, the
applicator may submit documentation of certification from another state
or tribal program. EPA will determine whether to waive further
demonstration of competency based on verification that the use
conditions and pest pressures in the area where the applicator is
certified are similar to where the applicator intends to apply.
1. Duration of certification. For commercial applicators, a federal
certificate issued by EPA for commercial applicators under this
proposed EPA Plan expires at the expiration date of the underlying
certificate, or on the date the certificate is suspended or revoked,
whichever is earlier.
2. Renewal/recertification. For recertification, commercial
applicators must complete the recertification requirements of the
underlying federal agency, state, or tribe's certificate and submit
documentation of the currently valid certificate.
D. Proposed Categories for Certification
EPA expects that most, if not all, applicators certified under the
proposed EPA Plan will already be certified according to the categories
and standards of a jurisdiction adjacent to the particular areas of
Indian country. Where an applicator seeks certification under the
proposed EPA Plan in reliance on another jurisdiction's certification
that differs from the categories in 40 CFR 171.101 and 171.105, the
certification will be limited to the scope of the underlying
certification. Where EPA issues original certification to private
applicators, the categories and standards of 40 CFR 171.105 will apply.
EPA is proposing to keep the predator control categories available:
Sodium cyanide capsules used with ejector devices and sodium
fluoroacetate used in livestock protection collars. A federal
certificate will only include these two predator control categories if:
The relevant Indian tribe for the area of Indian country
at issue has obtained its own registrations for the products within
these two categories and conducts its own monitoring and supervision,
or
A federal employee has a valid underlying state
certificate for these categories.
E. Pesticide Dealer Reporting and Recordkeeping Requirements
EPA proposes that each RUP retail dealer in areas of Indian country
where the proposed EPA Plan will apply must keep records and submit
reports to EPA as set forth in 40 CFR 171.311(f).
F. Proposed Arrangements for Enforcement of the EPA Plan
EPA will, as appropriate, exercise its FIFRA authorities to enforce
this EPA Plan in applicable areas of Indian country and in line with
the EPA Policy for the Administration of Environmental Programs on
Indian Reservations (Ref. 5), Guidance on the Enforcement Principles
Outlined in the 1984 Indian Policy (Ref. 6), and Questions and Answers
on the Tribal Enforcement Process (Ref. 7).
EPA will monitor compliance under this EPA Plan by conducting
inspections, as appropriate, for misuse of RUPs, training and
supervision of noncertified applicators, and required recordkeeping at
applicators' places of business and at use sites and by investigating
incidents, accidents, and complaints. EPA will also conduct inspections
of RUP dealers and certified applicators in Indian country to ensure
that RUP dealers are maintaining the required records in accordance
with 40 CFR 171.311(f).
EPA's decisions to deny, modify, suspend, or revoke a certificate,
or take other enforcement action under FIFRA, will be made in
conformance with the FIFRA Enforcement Response Policy (Ref. 8). EPA's
enforcement actions are conducted consistent with applicable EPA
policies and guidance on enforcement-related and tribal-related
matters.
VI. Specific Comments Are Sought on the Proposed EPA Plan
EPA is seeking comments on the entire proposed EPA Plan and is
particularly interested in comments on the following issues:
1. Predator control categories. In the proposed EPA Plan, there are
two scenarios where a federal certificate will be given for sodium
cyanide or sodium fluoroacetate predator control categories: (1) If the
relevant Indian tribe for the area of Indian country at issue has
obtained its own registration for the products and conducts its own
monitoring and supervision or (2) if a federal employee has obtained a
state certification for these categories. EPA is seeking comments on
whether EPA should continue to provide sodium cyanide and sodium
fluoroacetate as categories for federal certification to apply in
Indian country.
2. Identification verification. The proposed EPA Plan specifies
that an identification ``includes a photograph and date of birth, such
as a driver's license, passport, military identification, Department of
Motor Vehicle identification card, or other verifiable identification.
Private applicators who do not have a verifiable photographic
identification must attest their identity by providing a signed
statement form a chairperson or equivalent elected leader of the
relevant tribe affirming the
[[Page 12248]]
private applicator's age and identity.'' EPA is seeking comments on
whether this is a reasonable means for tribes to ascertain identity
verification, and whether there are any barriers for tribes where this
identification verification would not work.
3. Private applicator certification. Under FIFRA section 11(a)(1),
for Federal certification plans, EPA must offer a no-test option for
private applicators. For more background, see Unit V.B. of this
document. EPA proposes that private applicators who wish to obtain
Federal certification under the no-test provision submit documentation
of attendance and completion of an EPA-approved training. EPA is
seeking comments on whether there are other methods or recommendations
to assure private applicator competency in the absence of passing a
certification exam.
VII. Tribal Governments' Option To Not Participate in the EPA Plan for
Indian Country
In any area of Indian country not covered by an EPA-approved
certification plan, the Agency will finalize and implement the proposed
EPA Plan under 40 CFR[thinsp]171.311 for certifying private and
commercial applicators to use or supervise the use of RUPs (see 40 CFR
171.307(c)). However, tribes may opt out of being covered by the
proposed EPA Plan as described under 40 CFR 171.307(c)(2).
In order to opt out of coverage under the proposed EPA Plan, a
tribe must notify EPA of the tribe's position by submitting a signed
written statement from the chairperson or equivalent elected leader of
the relevant tribe. The written statement must be addressed to the
Director of the Field and External Affairs Division, Jackie Mosby, and
submitted to EPA by one of the following methods:
Via the docket: A tribe may submit notification via the
docket of the tribe's position that the EPA Plan should not be
implemented in their area of Indian country.
Via mail: A tribe may submit notification via mail of the
tribe's position to opt out of coverage under the proposed EPA Plan to:
Jackie Mosby, Director, Field and External Affairs Division, Office of
Pesticide Programs, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW (7506P), Washington, DC 20460.
Via email: A tribe may submit via email of the tribe's
position to the appropriate EPA staff listed in Appendix A of the
``Tribal Certification Plan Outline'' document and cc: Emily Ryan at
[email protected].
The opt-out statement should be submitted prior to June 1, 2020.
EPA plans to establish a process for opting out of the proposed EPA
Plan after this date. EPA's website will have additional information on
that process at https://www.epa.gov/pesticide-applicator-certification-indian-country.
Should the chairperson or equivalent elected leader of the relevant
tribe opt out of the proposed EPA Plan, the Agency will not implement
the finalized version of this EPA Plan within the tribe's Indian
country, and there will be no lawful use of RUPs in the affected areas
of Indian country (except where authorized by federal agency certified
applicators). The application of RUPs will remain generally prohibited
in these areas of Indian country unless and until a listed tribe
obtains EPA approval of a tribal certification plan under 40 CFR
171.307(a) or (b), or a tribe submits to EPA a written statement from
the chairperson or equivalent elected leader requesting implementation
of this EPA Plan in their area of Indian country.
Tribes that intend to be covered by the proposed EPA plan do not
have to submit a written statement to receive coverage. Additionally,
in areas of Indian country where this EPA Plan applies, tribes may
choose to further restrict or prohibit the use of RUPs in their areas
of Indian country through the implementation of tribal codes, laws,
regulations, or other applicable requirements. This EPA Plan does not
supersede such tribal requirements. Applicators of RUPs in Indian
country must comply with any applicable tribal restrictions or
prohibitions on the use of RUPs.
VIII. Consultation With Tribal Governments
Consistent with its statutory authorities and the Federal
government's trust responsibility to federally-recognized tribes, EPA
has worked with the tribes on a government-to-government basis to
appropriately develop a certification program that will help ensure the
protection of human health and the environment in Indian country. EPA
is planning to hold consultation with the tribes in February and April
2020 to ensure development of the final revised EPA Plan effectively
meets their needs and those of RUP applicators in Indian country.
EPA has previously consulted with the tribes on the 2017 Rule. In
April 2019, EPA conducted three early engagement sessions on the 2017
Rule to inform federally-recognized tribes on the 2017 revisions,
discuss implementation of the 2017 Rule, and how this rule may affect
tribes. These sessions provided an overview of new federal standards
for an EPA-approved certification plan to apply RUPs and options for
certification of applicators in Indian country. The 2020 outreach and
consultation will perform a similar function, posing specific questions
to the tribes as EPA moves towards finalizing the EPA Plan by March 4,
2022 and the implementation schedule that will be included with the
final revision of the EPA Plan. EPA engages with the tribes on a
variety of pesticide-related initiatives by collaborating with the
Tribal Pesticide Program Council (TPPC), a tribal technical resource
and program and policy development dialogue group, focused on
pesticides issues and concerns.
EPA will finalize the proposed EPA Plan in consultation with tribes
consistent with, among other things, the following policies, orders,
and guidance:
``EPA Policy for the Administration of Environmental
Programs on Indian Reservations,'' November 8, 1984;
``Guidance on the Enforcement Principles Outlined in the
1984 Indian Policy,'' January 17, 2001;
Executive Order 13175, ``Consultation and Coordination
with Indian Tribal Governments,'' November 6, 2000, which was
reaffirmed by Presidential memorandum, ``Tribal Consultation,''
November 5, 2009; and
``EPA Policy on Consultation and Coordination with Indian
Tribes,'' May 4, 2011.
IX. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the person
listed under FOR FURTHER INFORMATION CONTACT.
1. EPA. DRAFT EPA Plan for the Federal Certification of Applicators
of Restricted Use Pesticides within Indian Country. January 21,
2020.
2. EPA. Final EPA Plan for the Federal Certification of Applicators
of Restricted Use Pesticides Within Indian Country; Notice of
Implementation. Notice. Federal Register (79 FR 7185, February 6,
2014) (FRL-9904-18).
3. EPA. Certification of Pesticide Applicators; Final Rule. Federal
Register (82 FR 952, January 4, 2017) (FRL-9956-70).
4. EPA. Tribal Certification Plan Outline: Resource to Support
Development of Tribal Plans to Certify Applicators of
[[Page 12249]]
Restricted use Pesticide in Indian Country. 2020.
5. EPA. EPA Policy for the Administration of Environmental programs
on Indian Reservations. November 8, 1984.
6. EPA. Guidance on the Enforcement Principles Outlined in the 1984
Indian Policy. January 17, 2001.
7. EPA. Questions and Answers on the Tribal Enforcement Process.
April 17, 2007.
8. EPA. FIFRA Enforcement Response Policy. December 2009.
Authority: 7 U.S.C. 136-136y.
Dated: February 25, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2020-04189 Filed 2-28-20; 8:45 am]
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