EPA extends deadline for Restricted Use Pesticide applicator certification plans
In August 2022, the Environmental Protection Agency (EPA) extended the expiration deadline for existing restricted use pesticide (RUP) applicator certification plans to November 4, 2023. You may be potentially affected by this action if you are a certifying authority (a federal, state, territory, or tribal agency) who administers a certification program for pesticide applicators.
You may also be potentially affected if you are:
- A registrant of RUP products;
- A person who applies RUPs, including those under the direct supervision of a certified applicator;
- A person who relies upon the availability of RUPs;
- Someone who hires a certified applicator to apply an RUP;
- A pesticide safety educator; or
- Another person who provides pesticide safety training for pesticide applicator certification or recertification.
EPA classifies RUPs as having the potential to cause unreasonable adverse effects to the environment and injury to applicators or bystanders without added restrictions. Because of the special care needed when applying RUPs, regulatory agencies issue certifications to pesticide applicators who demonstrate, under an EPA-approved program, that they can use the products safely.
Since March 2020, the EPA has finalized stronger standards for people who use RUPs. Compliance with these revisions is part of the reason the EPA has issued the deadline extension. Major changes to the certification of pesticide applicators include:
- Enhancing applicator competency standards;
- Establishing a federal minimum age for certified applicators;
- Establishing a maximum recertification interval for applicators;
- Requiring specialized certification for fumigation and aerial application methods;
- Providing expanded certification options in Indian Country;
- Establishing protection for noncertified applicators by requiring training; and
- Clarifying requirements for certifying authorities to administer their own certification programs.
Failure to extend the regulatory deadline, and the resulting expiration of many certification programs, would significantly limit access to certification, thereby limiting access to RUPs that are necessary for various industries that rely upon pest control. This would result in RUPs being unavailable for use in many places during the 2023 growing season and potentially through the end of 2023 or longer. The expiration of certification plans could lead to confusion and potential enforcement issues when certifications that were formerly valid suddenly expire.
Those potentially affected should continue to monitor their certifying authority to determine when the EPA has approved their revised certification plans. In the unlikely event that a certification plan is at risk of not meeting the new deadline, EPA does plan to further assess all potential options to determine the best approach moving forward.
Key to remember: The EPA is extending the deadline by which existing certification plans for the certification of restricted use pesticide applicators may remain valid until either EPA has approved revised certification plans that conform to the updated federal standards or they expire, whichever is earlier, to November 4, 2023.