• Who Needs to Apply for Federal Certification under the EPA Plan?
• Who Does NOT Need to Apply for Federal Certification under the EPA Plan?
• Direct Supervision
• Clarifying Questions

Who Needs to Apply for Federal Certification under the EPA Plan?

Any person who applies restricted use pesticides in an area of Indian country covered by the EPA plan will need a federal certificate from EPA.

Who Does NOT Need to Apply for Federal Certification under the EPA Plan?

The following types of applicators do NOT need to get certified under the EPA plan:

• Applicators of general use pesticides
• Applicators applying under the direct supervision of a federally certified applicator (certified under the EPA plan) as long as the certified applicator is providing direct supervision as described in 40 CFR 171.6. See below for more information about direct supervision
• Fertilizer applicators
• Applicators who are not applying RUPs in Indian country

Direct Supervision

The EPA plan allows for applicators to apply under the direct supervision of a certified applicator.  The certified applicator is ultimately responsible for the application.

Under 40 CFR §171.6, certified applicators whose activities indicate a supervisory role must demonstrate a practical knowledge of federal and state supervisory requirements, including labeling, regarding the application of restricted use pesticides by noncertified applicators.  The availability of the certified applicator must be directly related to the hazard of the situation. In many situations, where the certified applicator is not required to be physically present, “direct supervision” shall include verifiable instruction to the competent person, as follows: (1) detailed guidance for applying the pesticide properly, and (2) provisions for contacting the certified applicator in the event he is needed.  In other situations, and as required by the label, the actual physical presence of a certified applicator may be required when application is made by a noncertified applicator.

Clarifying Questions

1. Does the certified applicator need to remain onsite if providing direct supervision of an application?
    

   Not necessarily. The availability of the certified applicator must be directly related to the hazard of the situation. In many situations, where the certified applicator is not required to be physically present, “direct supervision” shall include verifiable instruction to the competent person, as follows:

   • detailed guidance for applying the pesticide properly, and
   • provisions for contacting the certified applicator in the event he is needed.
   
   In other situations, and as required by the label, the actual physical presence of a certified applicator may be required when application is made by a noncertified applicator.


2. Who determines if a person is properly qualified to perform functions associated with a pesticide application?
    

   The certified applicator is responsible for determining whether the person is competent and could be held legally responsible if there were an enforcement action.