Attachment B

OMB Control No. 2070-0029

EPA ICR No. 0155.12
ATTACHMENT B

Section 11 of the Federal Insecticide, Fungicide, and Rodenticide Act
SEC. 11. [7 U.S.C. 136i] USE OF RESTRICTED USE PESTICIDES; APPLICATORS.
(a) CERTIFICATION PROCEDURE.—
(1) FEDERAL CERTIFICATION.—In any State for which a State plan for applicator
certification has not been approved by the Administrator, the Administrator, in consultation
with the Governor of such State, shall conduct a program for the certification of applicators
of pesticides. Such program shall conform to the requirements imposed upon the States under
the provisions of subsection (a)(2) of this section and shall not require private applicators to
take any examination to establish competency in the use of pesticides. Prior to the
implementation of the program, the Administrator shall publish in the Federal Register for
review and comment a summary of the Federal plan for applicator certification and shall
make generally available within the State copies of the plan. The Administrator shall hold
public hearings at one or more locations within the State if so requested by the Governor of
such State during the thirty days following publication of the Federal Register notice inviting
comment on the Federal plan. The hearings shall be held within thirty days following receipt
of the request from the Governor. In any State in which the Administrator conducts a
certification program, the Administrator may require any person engaging in the commercial
application, sale, offering for sale, holding for sale, or distribution of any pesticide one or
more uses of which have been classified for restricted use to maintain such records and
submit such reports concerning the commercial application, sale, or distribution of such
pesticide as the Administrator may be regulation prescribe. Subject to paragraph (2), the
Administrator shall prescribe standards for the certification of applicators of pesticides. Such
standards shall provide that to be certified, an individual must be determined to be competent
with respect to the use and handling of pesticides, or to the use and handling of the pesticide
or class of pesticides covered by such individual’s certification. The certification standard for
a private applicator shall, under a State plan submitted for approval, be deemed fulfilled by
the applicator completing a certification form. The Administrator shall further assure that
such form contains adequate information and affirmations to carry out the intent of this Act,
and may include in the form an affirmation that the private applicator has completed a
training program approved by the Administrator so long as the program does not require the
private applicator to take, pursuant to a requirement prescribed by the Administrator, any
examination to establish competency in the use of the pesticide. The Administrator may
require any pesticide dealer participating in a certification program to be licensed under a
State licensing program approved by the Administrator.
(2) STATE CERTIFICATION.—If any State, at any time, desires to certify applicators
of pesticides, the Governor of such State shall submit a State plan for such purpose. The
Administrator shall approve the plan submitted by any State, or any modification thereof, if
such plan in the Administrator’s judgment—
(A) designates a State agency as the agency responsible for administering the plan
throughout the State;
(B) contains satisfactory assurances that such agency has or will have the legal
authority and qualified personnel necessary to carry out the plan;

(C) gives satisfactory assurances that the State will devote adequate funds to
the administration of the plan;
(D) provides that the State agency will make such reports to the Administrator
in such form and containing such information as the Administrator may from time
to time require; and
(E) contains satisfactory assurances that State standards for the certification of
applicators of pesticides conform with those standards prescribed by the
Administrator under paragraph (1). Any State certification program under this
section shall be maintained in accordance with the State plan approved under this
section.
(b) STATE PLANS.—If the Administrator rejects a plan submitted under subsection
(a)(2), the Administrator shall afford the State submitting the plan due notice and
opportunity for hearing before so doing. If the Administrator approves a plan submitted
under subsection (a)(2), then such State shall certify applicators of pesticides with respect
to such State. Whenever the Administrator determines that a State is not administering
the certification program in accordance with the plan approved under this section, the
Administrator shall so notify the State and provide for a hearing at the request of the
State, and, if appropriate corrective action is not taken within a reasonable time, not to
exceed ninety days, the Administrator shall withdraw approval of such plan.
(c) INSTRUCTION IN INTEGRATED PEST MANAGEMENT TECHNIQUES.—
Standards prescribed by the Administrator for the certification of applicators of pesticides
under subsection (a), and the State plans submitted to the Administrator under subsection
(a), shall include provisions for making instructional materials concerning integrated pest
management techniques available to individuals at their request in accordance with the
provisions of section 23(c) of this Act, but such plans may not require that any individual
receive instruction concerning such techniques or be shown to be competent with respect
to the use of such techniques. The Administrator and States implementing such plans
shall provide that all interested individuals are notified of the availability of such
instructional materials.
(d) IN GENERAL.—No regulations prescribed by the Administrator for carrying out
the provisions of this Act shall require any private applicator to maintain any records or
file any reports or other documents.
(e) SEPARATE STANDARDS.—When establishing or approving standards for
licensing or certification, the Administrator shall establish separate standards for
commercial and private applicators.