Last Tuesday, the U.S. Environmental Protection Agency finalized and released a pre-publication copy of standards for applicators who apply restricted-use pesticides that are not available for purchase by the general public, and require special handling. GCSAA staff are reviewing the 400-page rule to gather more details for the membership. EPA has provided a summary of major changes.

The rule includes a number of changes from the proposed rule, and in general, provides more flexibility on training issues than the original proposal. EPA also responded to comments it received on the proposed rule.

GCSAA weighed in with public comment via the Pesticide Policy Coalition. Read the comments here.

The final version with official effective dates has not been published yet in the Federal Register.

“We are committed to keeping our communities safe, protecting our environment and protecting workers and their families,” said Jim Jones, EPA Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. “By improving training and certification, those who apply these restricted use pesticides will have better knowledge and ability to use these pesticides safely.”

The final rule addresses concern raised in comments about new definitions in the proposed rule. In particular, “fumigant” will now be defined as a product labeled as a fumigant, and the definitions of “mishap” and “use” are less ambiguous than they were.

The revised rule also allows three years instead of two for state lead agencies to submit a certification plan for EPA reviews. EPA will then have two years to approve a certification plan once it is submitted.

EPA’s stricter standards would require all people who are certified to apply restricted use pesticides to be at least 18 years of age. These certifications must be renewed every five years.

EPA is requiring specialized licensing for certain methods such as fumigation and aerial application that can pose greater risks if not conducted properly. For further protection, those working under the supervision of certified applicators will now receive training to use pesticides safely and to protect their families from “take-home” pesticide exposure.

In conjunction with the certification and training rule, EPA’s Office of Inspector General released a report titled, Additional Measures Can Be Taken to Prevent Deaths and Serious Injuries From Residential Fumigations. The report reviews incidents involving certain fumigation products and makes recommendations to reduce the potential for future incidents. Several recommendations in the report would require label changes. The Office of Chemical Safety and Pollution Prevention agreed to evaluate the possibility of label changes to incorporate report recommendations.