§ 171.8 - Maintenance of State plans.

§ 171.8 Maintenance of State plans.

Cross Reference

Link to an amendment published at 82 FR 1029, Jan. 4, 2017.

Cross Reference

This amendment was delayed to Mar. 21, 2017, at 82 FR 8499, Jan. 26, 2017.

Cross Reference

This amendment was further delayed until May 22, 2017, at 82 FR 14324, Mar. 20, 2017.

Cross Reference

This amendment was further delayed until June 5, 2017, at 82 FR 23148, May 22, 2017.

Cross Reference

This amendment was further delayed until May 22, 2018, at 82 FR 25529, June 2, 2017.

(a) Any State certification program approved under § 171.7 shall be maintained in accordance with the State plan approved under that section. Accordingly, the State plan should include:

(1) Provisions to assure that certified applicators comply with standards for the use of restricted use pesticides and carry out their responsibility to provide adequate supervision of noncertified applicators.

(2) Provisions to ensure that certified applicators continue to meet the requirements of changing technology and to assure a continuing level of competency and ability to use pesticides safely and properly.

(b) An approved State plan and the certification program carried out under such plan may not be substantially modified without the prior approval of the Administrator. A proposed change may be submitted for approval at any time but all applicable requirements prescribed by these Regulations must be satisfied for the modification to be eligible for approval by the Administrator.

(c) Whenever the Administrator determines that a State is not administering the certification program in accordance with the State plan approved under § 171.7, he 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 the plan.

[40 FR 11704, Mar. 12, 1975]