Department of Pesticide Regulation

EPA PLAN FOR THE FEDERAL CERTIFICATION OF APPLICATORS OF RESTRICTED USE PESTICIDES WITHIN INDIAN COUNTRY

On February 6, 2014, the U. S. Environmental Protection Agency (U.S. EPA) adopted the new Federal Certification of Applicators of Restricted Use Pesticides within Indian Country plan (Federal Certification Plan) to allow the use of federal Restricted Use Pesticides (RUP's) within Indian Country.

Background:

Under the Federal Certification Plan, only federally certified persons may apply RUP's in Indian Country. In order for an applicator (private or commercial) to purchase and apply a RUP within Indian Country, the tribe must have an EPA-approved tribal certification plan, a U.S. EPA-approved agreement with a state government, or a Federal Certification Plan. At this time, no California tribes have a certification plan in place. Due to the complexity of establishing certification plans, U.S. EPA has developed the Federal Certification Plan to provide a legal means for RUP's to be applied in Indian Country.

As you are aware, the Department of Pesticide Regulation (DPR) and the County Agricultural Commissioners do not have regulatory authority within Indian Country.

Federal Certification Plan:

Under the Federal Certification Plan, U.S. EPA will issue Federal Certificates to applicators who intend to apply RUP's within Indian Country. In order for commercial applicators to obtain a Federal Certificate, they will need to possess a State certificate/license. The Federal Certification Plan will allow applicators to purchase and apply RUP's within Indian Country, contiguous with the issuing State. Those who do not possess a state certificate will have the option of taking a U.S. EPA approved on-line training to obtain a Federal Certificate.

The link to the Federal Certification Plan website is epa.gov/oppfead1/tribes/2013/cert-plan.html.

U.S. EPA will be responsible for enforcement of the Federal Certification Plan and has the authority to suspend or revoke a Federal Certificate or issue a penalty to an applicator for not being certified.

What does a pesticide Dealer need to do to be in compliance with California Laws and Regulations?

In California, when selling RUPs intended for use on Indian Country, Pest Control Dealers MUST obtain a copy of the U.S. EPA issued Federal Certificate from the person purchasing the RUP.

The following California Code of Regulation, Title 3, sections WILL apply to sales of RUP's for use on Indian Country.

• 6560 - Supervision
• 6562 - Dealer Records and Sales Reporting
  • For program integrity, Dealers should attempt to document through invoicing, delivery notices, or other means, the location in Indian Country where the pesticide will be used.
• 6564 - Appropriate Products
• 6566 - Supplemental Labeling
• 6568 - Dealer Responsibilities
  • Obtaining a copy of the Federal Certificate will satisfy the requirements for this section.

The following California Code of Regulation, Title 3, sections WILL NOT apply to sales of RUP's for use on Indian Land.

• 6570 - Groundwater Protection Materials Requirements
• 6574 - Antifouling Paints or Coatings Containing Tributyltin-Dealer Requirements
• 6576 - Sales Limitations of Clopyralid
• 6577 - Sales of Nonfumigants for Use in the San Joaquin Valley Ozone Nonattainment Area

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

cc:    Mr. Cliff Smith, DPR Environmental Program Manager I
         Ms. Karen Francone, DPR DPR Environmental Program Manager I
         Mr. Jahan Motakef, DPR Environmental Program Manager I
         Enforcement Branch Liaison