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EPA/OPPTS | RIN: 2070-AJ20 | Publication ID: Fall 2006 |
Title: Pesticides; Competency Standards for Occupational Users | |
Abstract: The EPA is proposing change to Federal regulations guiding the certified pesticide applicator program (40 CFR 171). Change is sought to strengthen the regulations so that they may better protect pesticide applicators and the public from harm due to pesticide exposure. Changes would include having occupational users of pesticides demonstrate competency by meeting minimum competency requirements, and requiring additional competency determinations of those who use the most toxic pesticides in a manner that could result in significant exposure to the public. The need for change arose from EPA discussions with key stakeholders. EPA has been in extensive discussions with stakeholders since 1997 when the Certification and Training Assessment Group (CTAG) was established. CTAG is a forum used by regulatory and academic stakeholders to discuss the current state of, and the need for improvements in, the national certified pesticide applicator program. Throughout these extensive interactions with stakeholders, EPA has learned of the need for changes to the regulation. | |
Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 40 CFR 171 40 CFR 156 40 CFR 152 | |
Legal Authority: 7 USC 136 7 USC 136i 7 USC 136w |
Legal Deadline:
None |
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Statement of Need: The regulations governing the Federal and State certification of pesticide applicators, 40 CFR part 171, were originally promulgated in 1974. Since that time State certification programs have gone beyond the Federal regulations in a number of areas. In 1997 a group of stakeholders, the Certification and Training Assessment Group (CTAG) was established to evaluate the current situation and future direction of the program. CTAG, comprised of representatives of state pesticide regulatory agencies, cooperative extension services, and EPA Regions and Headquarters, and tribes, offered suggestions for change to the certification program to improve protections for public health and the environment. |
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Summary of the Legal Basis: 7 U.S.C. 136w |
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Alternatives: EPA is considering various alternatives to regulation change based upon stakeholder input. The Agency is in the formative stages of this regulatory effort, and alternatives have not yet been fully identified and evaluated. |
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Anticipated Costs and Benefits: EPA will develop an economic analysis to support this rule. |
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Risks: The proposed regulation would require that occupational users of pesticides meet minimum competency standards and require additional competency determinations of those who use the most toxic pesticides in a manner that could result in significant exposure to the public. These changes would strengthen the regulations that protect pesticide applicators and the public from potential harm due to pesticide exposure. |
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Timetable:
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Additional Information: SAN No. 5007 | |
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Federal, State, Tribal |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: Yes | |
Agency Contact: Kathy Davis Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 1200 Pennsylvania Avenue NW, Mail Stop 7506P, Washington, DC 20460 Phone:703 308-7002 Fax:703 308-2962 Email: davis.kathy@epa.gov Donald Eckerman Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P, Washington, DC 20460 Phone:703 305-5062 Fax:703 308-2962 Email: eckerman.donald@epa.gov |