7 U.S.C. § 136i — Use of restricted use pesticides; applicators

(a) Certification procedure. (1) Federal certification: In any state without an EPA-approved certification plan, EPA (working with the state's governor) runs its own applicator certification program. This program must meet the same requirements as state programs under (a)(2), and can't make private applicators take an exam to prove competence. Before starting the program, EPA must publish a summary of its plan in the Federal Register for comment, make copies available in the state, and — if the governor asks within 30 days of publication — hold public hearings in the state within the following 30 days. In a state where EPA runs the program, EPA can require anyone who commercially applies, sells, offers to sell, or distributes a restricted-use pesticide to keep records and file reports about that activity. EPA sets the standards for certifying applicators; an applicator must be shown competent in using and handling the pesticides covered by their certification. For private applicators, a state plan can let the applicator meet the standard just by filling out a certification form — as long as EPA makes sure the form gathers enough information and affirmations to satisfy the law's goals; the form may include an affirmation that the applicator completed an approved training program, so long as that program doesn't require an exam. EPA can also require a pesticide dealer in a certification program to be licensed under an EPA-approved state licensing program. (2) State certification: Any state that wants to certify its own applicators has its governor submit a state plan. EPA must approve the plan (or any change to it) if it (A) names the state agency responsible for running it; (B) shows that agency has, or will have, the legal authority and qualified staff to run it; (C) shows the state will devote enough funding to it; (D) requires the state agency to report to EPA in whatever form and content EPA asks for; and (E) shows the state's certification standards match EPA's standards under (1). Any state program approved this way must be run according to that approved plan. (b) State plans. If EPA rejects a state's plan, it must first give the state notice and a chance for a hearing. If EPA approves a state's plan, that state certifies its own applicators. If EPA later decides a state isn't following its approved plan, EPA must notify the state, offer a hearing if requested, and — if the state doesn't fix the problem within a reasonable time (no more than 90 days) — withdraw approval of the plan. (c) Instruction in integrated pest management techniques. EPA's certification standards and state plans must include ways to make integrated pest management instructional materials available to anyone who requests them, following section 136u(c) — but a plan can't require anyone to take that instruction or prove competence in those techniques. EPA and the states must make sure interested people know these materials are available. (d) In general. No EPA regulation under this law can require a private applicator to keep records or file reports or other documents. (e) Separate standards. When EPA sets or approves licensing or certification standards, it must set separate standards for commercial applicators and private applicators.