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EPA/OCSPP RIN: 2070-AK37 Publication ID: Fall 2018 
Title: Pesticides; Certification of Pesticide Applicators Rule; Reconsideration of the Minimum Age Requirements 
Abstract:

EPA promulgated a final rule to amend the Certification of Pesticide Applicators regulations at 40 CFR 171 on January 4, 2017 (82 FR 952). The rule went into effect on March 6, 2017. In accordance with Executive Order 13777, EPA solicited comments in the spring of 2017 on regulations that may be appropriate for repeal, replacement or modification as part of the Regulatory Reform Agenda efforts. EPA received comments specific to the certification rule. Based on concerns raised through the Regulatory Reform process, EPA announced in December 2017 that it was beginning a process to reconsider the minimum age provision for the Certification rule. EPA plans to issue a Notice of Proposed Rulemaking for this action.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Deregulatory 
CFR Citation: 40 CFR 171   
Legal Authority: 7 U.S.C. 136 et seq., Federal Insecticide Fungicide and Rodenticide Act   
Legal Deadline:  None

Statement of Need:

Based on input received from stakeholders in part on Executive Order 13777, Enforcing the Regulatory Reform Agenda, the Agency is proposing to amend the Certification of Pesticide Applicators rule ("Certification rule"), 40 CFR part 171, as revised January 4, 2017 (82 FR 952), by revising the minimum age requirements for applicators certified to use RUPs and for persons who use RUPs under the supervision of a certified applicator. EPA is proposing to defer to state or tribal minimum age requirements for commercial applicators, private applicators and noncertified applicators who use RUPs under the supervision of a certified applicator and to establish a federal minimum age of 16 years for all three types of applicators if states or tribes do not establish enforceable minimum age requirements.

Summary of the Legal Basis:

This proposal would amend the Certification of Pesticide Applicators rule ("Certification rule"), 40 CFR part 171, as revised January 4, 2017 (82 FR 952).

Alternatives:

Not to propose the rule with the potential to reduce costs and potentially streamline regulatory burden.

Anticipated Costs and Benefits:

To be determined.

Risks:

By law, some states have minimum age of 18 years of age for workers and would probably not change the state laws to reap the additional cost benefit of this rule.

Timetable:
Action Date FR Cite
Notice  12/19/2017  82 FR 60195   
NPRM  01/00/2019 
Final Rule  09/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/pesticide-worker-safety   Public Comment URL: TBD  
Sectors Affected: 111 Crop Production; 111421 Nursery and Tree Production; 115112 Soil Preparation, Planting, and Cultivating; 115210 Support Activities for Animal Production; 115310 Support Activities for Forestry; 321114 Wood Preservation; 325320 Pesticide and Other Agricultural Chemical Manufacturing; 424690 Other Chemical and Allied Products Merchant Wholesalers; 424910 Farm Supplies Merchant Wholesalers; 444220 Nursery, Garden Center, and Farm Supply Stores; 541690 Other Scientific and Technical Consulting Services; 541712 Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology); 561710 Exterminating and Pest Control Services; 561730 Landscaping Services; 924110 Administration of Air and Water Resource and Solid Waste Management Programs; 926140 Regulation of Agricultural Marketing and Commodities 
RIN Data Printed in the FR: No 
Related RINs: Related to 2070-AJ20 
Agency Contact:
Jeanne Kasai
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code PYS1162,
Washington, DC 20460
Phone:703 308-3240
Fax:703 308-3259
Email: kasai.jeanne@epa.gov

Ryne Yarger
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 605-1193
Email: yarger.ryne@epa.gov