Region 8
Proposed Federal Plan for Certification of Applicators of Restricted Use Pesticides within EPA Region 8 Indian Country
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EPA Region 8 has proposed a program to certify both private and commercial applicators of restricted use pesticides (RUPs) in Indian country. Currently, in most areas of Region 8 Indian country, there are no legal means for a pesticide applicator to become certified to use RUPs—with the exception of two Indian reservations where the resident tribes have received EPA approval to certify and inspect pesticide applicators pursuant to the Federal Insecticide, Fungicide & Rodenticide Act (FIFRA). State-issued certifications are not valid in Indian country. To fill this gap, EPA Region 8 has issued a Proposed Federal Plan for Certification of Applicators of Restricted Use Pesticides within Region 8 Indian Country (PDF) (25 pp, 1MB, about PDF).
Frequently Asked Questions
Why is Region 8 developing a plan?
Currently, in most areas of Indian country located in Region 8, there are no legal means for a pesticide applicator to become certified to use restricted use pesticides (RUPs). State-issued certifications are not valid in Indian country. With the exception of two Indian reservations where the resident tribes have received EPA approval to certify and inspect pesticide applicators pursuant to the Federal Insecticide, Fungicide & Rodenticide Act (FIFRA), RUPs cannot be legally used in Indian country.
Can I still comment on the pan?
The U.S. Environmental Protection Agency, Region 8 is proposing an approach to certify pesticide applicators who apply restricted us pesticides (RUPs) in Region 8 Indian country and has sought comment on our proposed option to certify such applicators through the federal docket. The comment period ended June 6, 2011.
To whom will the plan apply?
The plan will only apply to persons who intend to apply RUPs in those areas of Region 8 that are considered Indian country. This includes Indian country within the states of Colorado, Montana, South Dakota, North Dakota, Utah and Wyoming.
How does EPA define Indian country?
EPA looks to congress’s definition of Indian country at 18 U.S.C. § 1151 “(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.” as well as to federal case law interpreting the statute.
How can I obtain a federal certificate to operate in Region 8 Indian country?
Region 8 will issue a federal certification based on proof of a valid, current state (or tribal/federal) certification.
- Commercial applicators must complete the draft application (PDF) (1 pg, 714K, about PDF) and obtain and show proof of a valid (state, federal or tribal) certification. The underlying certificate must be from a state or tribe that shares a contiguous boundary with the reservation where the application will occur.
- Private applicators must complete the draft application (PDF) (1 pg, 714K, about PDF) and obtain and show proof of a valid (state, federal or tribal) certification or show proof of having attended an approved training and completion of an assessment of their knowledge, which will be evaluated by EPA for adequacy before a federal certification is issued. The underlying certificate must be from a state or tribe that shares a contiguous boundary with the reservation where the application will occur.
Is there a fee to be federally certified?
There will be no charge to an applicator to apply for and receive a Region 8 federal pesticide applicator certification. However, in order to obtain the underlying certificate from the state, tribe or federal plan, a fee may be charged.
Application process
To apply for the Federal Region 8 Certificate to Apply RUPs in Indian Country, please complete the draft application (PDF) (1 pg, 714K, about PDF), include a copy of the underlying valid state, tribal or federal certificate, and mail to:
US EPA, Region 8
Attn: Region 8 Certification
1595 Wynkoop Street (8P-P3T)
Denver, CO 80202-1129