About the 2023 EPA Plan to Certify Pesticide Applicators in Indian Country
Restricted use pesticides (RUPs) require special care to avoid harming human health and the environment. RUPs can be used only by pesticide applicators who are specially certified, or to certain persons under their direct supervision.
Applicators can only use RUPs in areas (e.g., state or tribe) where EPA has explicitly approved or implemented a certification plan that complies with the 2017 Certification of Pesticides Applicators regulation (CPA).
In any area of Indian country not covered by an EPA-approved certification plan, the Agency implements an EPA-administered certification plan, the EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides (RUPs) within Indian Country (EPA Plan). It serves areas of Indian country throughout the United States where no other certification mechanism exists, unless a tribe has decided to “opt out.” Opting out means RUPs will generally be prohibited on that tribe's area of Indian country (see Areas of Indian Country Covered by the EPA Plan).
The EPA Plan was developed to fill a gap by providing private and commercial applicators applying RUPs in Indian country legal access to the same pest control tools that are available elsewhere in the United States. Under the EPA Plan, the Agency is responsible for certifying private and commercial applicators to use or supervise the use of RUPs. RUP dealers located in Indian country also have to meet certain requirements. Tribes may impose additional restrictions or requirements on use of RUPs through tribal codes, laws, regulations or other tribal procedures, but would not generally be involved in the certification process.
The EPA Plan was first put into place in 2014. In 2017, EPA finalized the CPA rule, which set stronger standards for people who use RUPs and resulted in revisions to the EPA Plan. EPA consulted with federally recognized tribes when both developing and updating the EPA Plan. On September 26, 2023, EPA finalized revisions to the EPA Plan to comply with the 2017 CPA. This EPA Plan replaces the 2014 version.
The revised EPA Plan:
- continues to provide a mechanism so that private and commercial applicators can become certified to use RUPs in areas of Indian country where no other EPA-approved certification plan exists,
- establishes requirements for demonstrating competency in the proper use and application of RUPs within those areas of Indian country, and
- provides for the enforcement of laws and regulations concerning distribution, sale, and use of RUPs within those areas of Indian country.
Parts of the EPA Plan that must be complied with as of September 26, 2023:
- Minimum age of 18 years for commercial and private applicators
- Pesticide dealer establishment reporting
Parts of the EPA Plan that must be complied with as of March 24, 2024 (180 days after the EPA Plan was approved):
- Pesticide dealer recordkeeping
- Commercial applicator recordkeeping
- Direct supervision of noncertified applicator requirements
- Noncertified applicator qualifications
A federal certification issued under the EPA Plan is valid only in those areas of Indian country noted on the certification. The 2023 EPA Plan and its implementation timeline can be accessed in the docket EPA-HQ-OPP-2011-0037 or EPA-HQ-OPP-2022-0509.
- More information about requirements for applicators
- More information about requirements for dealers
- Basis for the Plan in Federal Regulations
- Federal Register Notice for EPA Plan
- 2023 EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country
- View options for tribes to establish EPA-recognized certification programs in Indian country
- EPA Plan Flyer (pdf)
- Applicator options, requirements, and responsibilities (pdf)