Regulatory Development and Retrospective Review Tracker

Pesticides; Certification of Pesticide Applicators

a.k.a. Certification of Pesticide Applicators (Revisions)

RIN: 2070-AJ20 (What's this?)

Docket No.: EPA-HQ-OPP-2011-0183 (What's this?)

Current Phase: Proposal (What's this?)

The EPA is developing a final rule to revise the federal regulations governing the certified pesticide applicator program (40 CFR part 171).

In August 2015, the EPA proposed revisions based on years of extensive stakeholder engagement and public meetings, to ensure that they adequately protect applicators, the public, and the environment from potential harm due to exposure to restricted use pesticides (RUPs). This action is intended to improve the competence of certified applicators of RUPs and to increase protection for noncertified applicators of RUPs operating under the direct supervision of a certified applicator through enhanced pesticide safety training and standards for supervision of noncertified applicators.

NPRM: Sent to OMB for Regulatory Review04/13/2015
NPRM: Received by OMB04/16/2015
NPRM: Regulatory Review Concluded08/05/2015
NPRM: Comment Period Open08/24/2015
NPRM: Published in FR08/24/2015
NPRM: Comment Period Extension Published in FR11/18/2015
NPRM: Comment Period Closed11/23/2015
NPRM: Comment Period Extension2 Published in FR12/23/2015
NPRM: Comment Period Closed with Extension01/22/2016
Notice: Published in FR07/25/2016
Final Rule: Sent to OMB for Regulatory Review08/23/2016
Final Rule: Received by OMB08/23/2016
Final Rule: Published in FR12/2016 (projected)

Potential Effects

Children's Health
This rule is likely to address an adverse impact on childhood lifestages, including prenatal (via exposure to women of childbearing age). The potential adverse impacts are expected to be due to exposure (i.e., children and/or women of childbearing age are more likely to be highly exposed than other lifestages).

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to impact the health of vulnerable populations.
  • The topic is likely to have the following impact: The changes to existing regulations, that EPA is developing for the final rule, are intended to improve the process by which tribes can obtain access to Restricted Use Pesticides (RUPs) similar to the rest of the country.

Federal Government - other agencies
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Local Governments
Likely to be regulated by this rule.

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):
  • Likely to have any adverse economic impact on:
    • small businesses

State Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Tribal Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • Final Rule - This stage of the rulemaking underwent review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 156;40 CFR 171

Legal Authority
7 U.S.C. 136 et seq Federal Insecticide Fungicide and Rodenticide Act