[Federal Register Volume 59, Number 138 (Wednesday, July 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17563]
[[Page Unknown]]
[Federal Register: July 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-42074A; FRL-4874-8]
State of Nebraska Plan for Certification of Pesticide Applicators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval, on a contingent basis, a certification
plan.
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SUMMARY: In the Federal Register of April 21, 1994, notice was
published of the intent of the Regional Administrator, EPA Region VII,
to approve, on a contingency basis, the State of Nebraska's ``A Plan
for the Certification of Pesticide Applicators.'' Copies of the plan
were made available to the public. Comments were received on the State
of Nebraska plan during the allowed comment period. This notice
announces the contingent approval of the Plan. A notice will be
published at a later date announcing the full approval of the plan.
DATES: Contingent approval is effective July 20, 1994, and will expire
on January 1, 1995, if the outlined terms and conditions are not
satisfied.
FOR FURTHER INFORMATION CONTACT: Richard O. Jacobson, Lincoln Field
Office, Environmental Protection Agency, 100 Centennial Mall North, Rm.
289, Lincoln, NE 65808, Telephone: 402-437-5080.
SUPPLEMENTARY INFORMATION: In accordance with the provisions of section
4(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended, and 40 CFR part 171, the Governor of the State of
Nebraska, E. Benjamin Nelson, has submitted the State of Nebraska's ``A
Plan for Certification of Pesticide Applicators'' to EPA for approval.
In the Federal Register of April 21, 1994 (59 FR 19010), notice was
published of the intent of the Regional Administrator, EPA Region VII,
to approve, on a contingency basis, the State of Nebraska's ``A Plan
for the Certification of Pesticide Applicators.''
Approval was requested by the State of Nebraska. Contingent
approval is being established by EPA pending the promulgation of
appropriate regulations, the development of agreements by the State
Lead Agency with the Cooperating State Agencies which are involved in
the certification process, and the development of certain specific
standards of competency for commercial applicators required at 40 CFR
171.4(c)(7).
Copies of the State of Nebraska Plan were made available for public
inspection at the Nebraska Department of Agriculture office in Lincoln,
Nebraska, the USEPA Region VII Lincoln, Nebraska field office, and the
Office of Pesticide Programs, EPA Headquarters, Arlington, Virginia.
Comments were received from the University of Nebraska-Lincoln
Cooperative Extension concerning the State of Nebraska Plan during the
allowed comment period. The commenter expressed three concerns. Each of
those has been discussed between the cooperating parties and the
responses indicated here are consistent with those discussed.
The commenter's first concern is that the two new categories (01A--
Fumigation of Soil and 12--Aerial Pest Control) will require the
development of new training materials for the Nebraska certification
and training program. As part of the contingency approval, a Memorandum
of Understanding (MOU) is being established with the Nebraska
Department of Aeronautics to train applicators in aerial pest control
which will alleviate the need for additional resources. States have
been identified that have developed training materials for applicators
who fumigate soil. The training materials developed by those States
will be used with little or no modification. The resources required for
this minimal modification will be addressed in the MOU between the
University of Nebraska Cooperative Extension and the Nebraska
Department of Agriculture.
The commenter also was concerned that reconstructed categories will
require resources to accomplish substantial revisions to the training
program. This concern will be addressed in the MOU that is being
developed between the University of Nebraska Cooperative Extension and
the Nebraska Department of Agriculture.
Lastly, the commenter was concerned that the restriction allowing a
noncertified applicator to work under the direct supervision of a
certified applicator for only 60 days before needing to become
certified would require additional resources for training to be
provided on an ongoing basis. The commenter suggested that self-study
be available prior to the certification examination during periods when
formal training is not accessible. This suggestion is a present option
that will continue to be available to applicators and will not require
additional resources.
Therefore, it has been determined that the State of Nebraska Plan
will satisfy the requirements of FIFRA and of 40 CFR part 171, if the
proposed State of Nebraska pesticide regulations are promulgated, and
agreements by the State Lead Agency with the Cooperating State
Agencies, and certain specific standards of competency for commercial
applicators required at 40 CFR 171.4 are developed.
This contingent approval shall expire January 1, 1995, if these
terms and conditions are not satisfied by that time. If the terms and
conditions are satisfied, EPA will publish a notice in the Federal
Register announcing full approval of the plan.
Pursuant to section 4(d) of the Administrative Procedure Act, 5
U.S.C. 553(d), the Agency finds that there is good cause for providing
that the contingent approval granted herein to the State of Nebraska
Plan shall be effective immediately. Neither the State of Nebraska Plan
nor this Agency's contingent approval of the Plan create any new
obligations on pesticide applicators or other persons in the State of
Nebraska. Delays in starting the work necessary to implement the Plan,
such as may be occasioned by providing some later effective date for
this contingent approval, are inconsistent with the public interest.
Accordingly, this contingent approval is effective July 20, 1994.
Dated: July 7, 1994.
Dennis Grams,
Regional Administrator, Region VII.
[FR Doc. 94-17563 Filed 7-19-94; 8:45 am]
BILLING CODE 6560-50-F
