The EPA announced on May 11 it is planning to delay, for a third time this year, the implementation of a new rule that would force states to tighten their standards for issuing licenses to pesticide applicators.

The rule, which the agency finalized in January just days before the Obama administration left office, was initially scheduled to go into effect on March 6. Now, after this latest delay, states will not have to comply with the rule (RIN:2070-AJ20) until May 2018.

Previously posted on Jan. 10, 2017:

On Jan. 4, the EPA finalized and released its final 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.

EPA has posted several supplemental materials on its pesticide worker safety website, including a fact sheet, comparison tables of the final rule’s revisions to the existing rule, and questions and answers concerning the final rule.

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.

"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. 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.