Dick Wiechman, EPA region 7 Nebraska Project Officer Tribal Pesticide Program Manager.

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Presentation transcript:

Dick Wiechman, EPA region 7 Nebraska Project Officer Tribal Pesticide Program Manager

 The EPA plan fills a regulatory gap and allows legal RUP applications State certifications are not valid in Indian country  Will be implemented in areas of Indian country where no other EPA-approved or EPA- implemented plan applies  The federal certificates issued under this EPA plan are not valid outside of the applicable areas of Indian country covered by the EPA plan.

 Certification will be based on an underlying certificate from a state or tribe (except some private applicator certificates)  States or tribes who issued the original certificate do not assure compliance in Indian country with the federal certification  Basing on state actions but does not add additional authority to states

 EPA will administer routine maintenance activities associated with implementation of this EPA plan and will conduct inspections and take enforcement actions as appropriate.

 Tribes may Continue to pursue the other available options available under 40 CFR § Choose to further restrict or prohibit the use of RUPs in their areas through the implementation of tribal codes, laws, regulations, or other applicable tribal requirements.

 List of applicators who are certified under the plan will be posted on the EPA website  The EPA plan is final and published in the Federal Register on February 6, For the first 6 months, applicators may apply RUPs under the plan if they submit a complete application form to the relevant Region. After 6 months, applicators must possess a federal certification before applying RUPs in Indian country.

 Applicator will only be able to apply in Indian country contiguous to the state or tribe that issued the underlying certificate  Commercial applicator categories will be the same as those in the underlying certificate  Federal certificate will expire at the same time as the underlying certificate; certificate for private applicators using training option will expire after 4 years

 Applicators will need to submit a form to the EPA Regional Office  Commercial applicators Submit copy of valid state, tribal or federal certification  Private applicators Submit copy of valid state, tribal or federal certification, OR Submit documentation of completion of required training

Refer to EPA Website for more information indian-country Submit application forms to: Pesticide Applicator Certification Coordinator U.S. Environmental Protection Agency – Region 7 WWPD/TOPE/PEST Renner Blvd. Lenexa, KS 66219

 Additional tribal restrictions and requirements may apply.  Applicators are responsible for complying with applicable federal and tribal laws and policies.  Note for private applicators using the training option: Some states prohibit the sale of RUPs to applicators without a valid state certificate if purchasing from dealers located on state lands. Before using this option, should check to make sure you can purchase RUPs

 Dealers in Indian country are required to report (name, contact information) to EPA if they are located in Indian country 60 days after plan is final to comply  Dealers must also keep records of RUP transactions

Doug Jones EPA Region 7 Certification Specialist Dick Wiechman, EPA Region 7 Project Officer Nebraska & Tribal Circuit Rider Pesticide Program