EPA Delays Effective Date of Updated Certification of Pesticide Applicators Rule until May 2018

On June 2, 2017, the Environmental Protection Agency (EPA) published a final rule in the Federal Register that, again, delays the effective date of the rule published on January 4, 2017 updating the regulation concerning the certification of applicators of restricted use pesticides (RUPs). During the recent interim extension of the Certification of Pesticide Applicators Rule’s effective date until June 5, 2017, the EPA concluded that delaying the rule’s implementation until May 22, 2018 will prevent confusion and disruption among the regulated community and published this rule accordingly to do so.

The rule containing updates to the regulation concerning the certification of RUP applicators was published in the Federal Register on January 4, 2017. The effective date of that rule has already been delayed twice by rules published in accordance with the Presidential directives contained within the January 20, 2017 memorandum entitled “Regulatory Freeze Pending Review” before the EPA published another rule on May 15, 2017 soliciting public comments about a possible further delay of the rule’s effective date until May 22, 2018 in accordance with the abovementioned memorandum and the subsequently issued April 25, 2017 Executive Order “Promoting Agriculture and Rural Prosperity in America.” The EPA then published a rule for an interim extension on May 22, 2017 to prevent the updates to the Certification of Pesticide Applicators Rule from going into effect on that day, as they would have under the previous extension of the effective date, while the EPA considered the proposed extension of effective date until May 22, 2018.

The rule published on June 2, 2017 finalizes the delay of the Certification of Pesticide Applicators Rule’s implementation until May 22, 2018. The EPA stated that the purpose for the delay is to reduce the likelihood for confusion and disruption that would result if the rule had gone into effect on June 5 and was then substantially revised or repealed as a result of administrative review. The EPA’s delay of the rule’s implementation is made in accordance with the Presidential directives contained within the January 20, 2017 memorandum entitled “Regulatory Freeze Pending Review” and the April 25, 2017 Executive Order “Promoting Agriculture and Rural Prosperity in America.”
Sources :

Pesticides: Certification of Pesticide Applicators; Delay of Effective Date, 82 Fed. Reg. 25,529 (June 2, 2017) (to be codified at 40 C.F.R. pt. 171), https://www.regulations.gov/document?D=EPA_FRDOC_0001-20728.