Archive for May, 2017

EPA Delays Effective Date of Applicator Certification Rule

On January 4, 2017, EPA published a final rule revising the regulation concerning the certification of applicators of restricted use pesticides . The original effective date of March 6, 2017 was extended to March 21, 2017 by rule issued January 26, 2017, and subsequently extended to May 22, 2017 by rule issued March 20, 2017.

In accordance with the Presidential directives as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review,’’ and the principles identified in the April 25, 2017 Executive Order ‘‘Promoting Agriculture and Rural Prosperity in America,’’ EPA solicited public comments on May 15, 2017 about a possible further delay of the effective date of the January 4, 2017 revisions to the Certification of Pesticide Applicators rule until May 22, 2018.

CRE Comments on Application of Executive Order 13777 to EPA and the Services’ New ESA Pesticide Consultation Procedures and Practice Requirements.

On March 11, 2017, the Center for Regulatory Effectiveness filed comments on EPA’s Request for Input on Regulations That May Be Appropriate for Repeal, Replacement, or Modification In Accordance with Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” 82 FR 17793 (April 13, 2017), here.

CRE’s comments included the following introductory section (footnotes omitted):

“The Environmental Protection Agency (“EPA”), the Fish and Wildlife Service (“FWS”), and the National Oceanic and Atmospheric Administration/National Marine Fisheries Service (“NOAA/NMFS”) are working together to develop new procedures and practice requirements for consulting on all pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) and the Endangered Species Act (“ESA”).