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ASSISTANCE FOR PESTICIDE ENFORCEMENT AND APPLICATOR

CERTIFICATION PROGRAMS

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

AUTHORITY: Secs. 4 and 23, Federal Insecticide, Fungicide, and Rodenticide Act, as amended by Pub. L. 95-396, 92 Stat. 819 (7 U.S.C. 136b and 136u).

SOURCE: Sections 35.750–35.786 appear at 45 FR 73869, Nov. 6, 1980, unless otherwise noted.

8 35.750 Scope and purpose.

Sections 35.750 through 35.786 establish policies and prodedures for providing financial assistance to States and Indian Tribes for the establishment, development, improvement, and maintenance of pesticide enforcement programs, and for certification of pesticide applicators, as authorized by Section 23 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended. This program is listed in the Catalog of Federal Domestic Assistance as program number 66.700, Pesticide Enforcement Program Grants. These regulations supplement EPA General Grant Regulations and Procedures in Part 30 of this chapter, 88 35.400 through 35.425 of this chapter, which apply to all EPA program grants, and regulations governing the certification of pesticide applicators in Part 171 of this chapter.

8 35.752 Eligibility.

(a) State agencies. EPA will award assistance to the State agency designated by the Governor under section 4(a) of the Act and implementing EPA regulations or such other State agency as the Governor may designate and the Regional Administrator may ap. prove. Where the designated State agency does not have adequate authority or capability to carry out all requirements of this subpart, the designated State agency shall pass EPA funds on to one or more other State agencies through the mechanism of interagency agreements, with approval of the Regional Administrator, for the performance of enforcement or other responsibilities of the State under the program plan. EPA will not award assistance to the designated State agency unless authorized representatives of all the State agencies obligated to perform tasks under the terms of the financial assistance agreement have entered into a State interagency agreement stating the responsibilities of each State agency.

(b) Indian Tribes. EPA will award assistance to Indian Tribes which the Regional Administrator determines have adequate authority and capability to carry out the requirements of this subpart.

§ 35.751 Definitions.

As used in the Assistance for Pesticide Enforcement and Application Certification Program Regulations:

(a) “Act" means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et sec.)

(b) “Applicant” means a State or Indian Tribe which has filed an application for financial assistance.

(c) "Indian Tribe" means any Indian Tribe, band, pueblo or community, including Native villages and Native groups as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

(d) "Recipient" means a State or Indian Tribe which has been awarded financial assistance under the Act.

(e) "State" means one of the States of the United States, the District of

8 35.753 A-95 clearinghouse review.

Applicants for financial assistance shall comply with all applicable requirements of the Office of Management and Budget (OMB) Circular A95 in accordance with $ 30.305 of this chapter.

8 35.755 Application submission.

An applicant for assistance shall submit an application containing the program plan required by $ 35.775 to the appropriate EPA Regional Office in accordance with $30.315 of this chapter, no later than July 1 of each year. If the grantee does not submit

the proposed grant application and available only for one or more proprogram plan by 90 days preceding the gram elements, as, for example, applibudget period for which the program cator certification or producer estabapplication is prepared, the Regional lishment inspections, or pesticide Administrator may reduce the tenta misuse investigations and enforcetive allotment by one-twelfth for each ment. month delay.

8 35.762 Enforcement funds. 8 35.758 Application evaluation.

Enforcement funds which the AdThe Regional Administrator will

ministrator determines will be availaevaluate each application in accord

ble in each Fiscal Year for allotments ance with criteria provided in the EPA

among the regions for financial assistannual guidance (see $35.404). The

ance under section 23(a)(1) of the Act Regional Administrator will respond

will be allotted on the basis of factors, to each applicant within 30 calendar

and appropriate relative weightings, days of EPA receipt of the application.

which will be identified each year in EPA will use the following criteria in

the annual guidance. These factors inapplication evaluation, as supplement

clude population; number of farms; ed by the EPA annual guidance:

number of pesticide producers; (a) The extent of an applicant's

number of commercial and private apdemonstrated need for establishing, developing, improving, or maintaining

plicators; and incentive factors de

signed to assure that the Regional Ada comprehensive pesticide enforce

ministrator has the ability to encourment and applicator certification pro

age and reward highly successful program within the applicant's jurisdiction;

grams. (b) The extent to which the appli

8 35.763 Applicator certification funds. cant's proposed program demonstrates a potential for long-term beneficial (a) The Administrator will deterimpact upon human health and the mine the annual distribution of applienvironment within the applicant's ju cator certification funds by means of a risdiction;

formula. The formula will provide for (c) The extent, the past level of ef an equal base amount for each State fectiveness, and the likelihood of with the remainder of the funds disfuture success of the applicant's pesti- tributed primarily on the basis of such cides program.

factors as the number of private and

commercial applicators, the number of 8 35.761 Allotments and distribution of farms, recertification activities and funds.

other workload factors identified in (a) The Administrator will issue to the annual guidance. Funds will be each Regional Administrator, as a part transferred to the Regions with specifof the EPA annual guidance, tentative ic State allocations derived from the regional allowances for the fiscal year. formula. Upon receipt of the funds, The tentative regional allowance will the Region will inform the States of be based on the appropriation request the amount of funds allocated to them ed by the President. As soon as practi- by the formula. States will then be cable after funds are appropriated, the given an opportunity to submit appliAdministrator will issue to each Re- cations for the amount allocated. gional Administrator a final regional Grant applications received from the allowance.

States will be reviewed by the Region(b) The annual guidance will specify al Office in accordance with each program approval criteria which the State's plan for certification required Regional Administrator will use in dis- by Part 171 of this chapter. Those aptributing funds among the eligible ap- plications which meet the CI

plications which meet the criteria plicants in each region consistent with found in the State plan and provide $ 35.764(a).

for appropriate State matching funds (c) The Administrator may provide shall be approved. in the annual guidance that specified (b) When the extent of Indian portions of available funding will be Tribes participation in the certifica

90-125

0-82--24

tion program stabilizes, Indian Tribes plish objectives of the applicator certiwill have funds allocated to them by fication program. the same formula which is applied to (3) Limitations. Subject to the limithe States.

tations contained in the Appropri

ations Act, allocations to States that 8 35.764 Amount of assistance and reallo

fail or decline to assume primary encation.

forcement responsibility for pesticide (a) Amount of assistance. The Re use violations may be used in whole, or gional Administrator shall review each in part, by the Administrator to impleapplication prior to award of assist ment a pesticide enforcement program ance to determine whether it may be in those States. approved under the requirements of $$ 35.750 through 35.786, and to deter- & 35.767 Rate of Federal assistance. mine the reasonableness of the esti

(a) Enforcement activities. The Fedmated costs of carrying out the ap

eral share of enforcement activities proved elements of the program. If

shall not exceed 85 percent of the the Regional Administrator's evalua- total allowable program plan costs. tion of the applicant's program sub

(b) Applicator certification activimission reveals that an output com

ties. The Federal share of applicator mitment is not consistent with the

certification activities will not exceed funding anticipated under $ 35.761 or 50 percent of the anticipated allowable national priorities contained in the

cost of the program plan. EPA annual guidance, the Regional Administrator shall negotiate with the $ 35.769 Reduction of amount. applicant to change the output com

(a) If the Regional Administrator's mitment or to adjust the funding

program evaluation reveals that the amount. If, however, an applicant pro

recipient will not achieve or has not poses a different set of outputs from those suggested by the EPA annual

achieved the outputs specified in the

approved program, an effort should be guidance due to unique pesticide problems, the Regional Administrator may

made to renegotiate outputs through

mutual agreement. If agreement is not approve the program provided the Regional Administrator determines that

reached, the Regional Administrator

may reduce the amount of assistance the outputs can and should be achieved and that the proposed fund

in proportion to the estimated proing for the unique pesticide problems

gram cost to produce such outputs, is justified. In no event may the Re

consistent with $ 30.920 of this chapgional Administrator exceed the re

ter. This provision does not limit the

Regional Administrator's right to take gional allowance. (b) Reallocation—(1) Enforcement.

other appropriate actions authorized Unobligated funds remaining after ne

by $$ 30.915 and 30.920. gotiations with the recipients within a

(b) A State shall be notified prior to region may be used for supplementary

any reduction in the amount of Federawards to other recipients within that

al support. This notification shall inregion. Funds not obligated by the Re

clude the reasons for reduction and, if gional Administrator within six

appropriate, what steps the State months following the date of the final

must take to regain funding. advice of allowance for that region will

8 35.771 Budget period. revert to the Administrator for reallocation to regions which can demon. The budget period shall be the Fedstrate a need for funds in excess of eral fiscal year. their final regional allowance.

(2) Applicator certification. Unobli. 835.775 Program plan. gated funds for certification programs An applicant shall submit to the Reremaining after negotiations with re- gional Administrator an application cipients within a region, and deobligat. containing a program plan which satised funds, will revert to the Adminis- fies the requirements of this Regulatrator. The Administrator will use tion and contains planned accomplishsuch funds for reallotment to accom- ments. The program plan shall include

the program elements listed in $ 35.778, unless the Regional Administrator, with the concurrence of the Assistant Administrator for Enforcement, otherwise agrees. The purpose

es. The purpose of the program plan is to relate the use of available resources (both Federal and non-Federal) to the achievement of planned accomplishments. The program plan shall describe how the planned accomplishments address the pesticide problems in the applicant's jurisdiction and how the planned accomplishments are consistent with the objectives of the Act. Information on the program elements contained in each submission shall be presented in summary form and shall include:

(a) The planned accomplishments;

(b) The resources to be expended to produce the planned accomplishments, including anticipated Federal and non-Federal financial and technical assistance; and

(c) A timetable for the performance of outputs.

8 35.778 Program elements.

Guidance concerning output requirements of the program elements below will be included in EPA's annual guidance under $ 35.404. Under $ 35.764(a) the Regional Administrator may approve an applicant's proposal to alter or add to the list of program elements below. The applicant's program plan must be developed so that the program elements are free from redundant or inconsistent outputs. The program plan shall identify specific outputs (i.e., the planned accomplishments) to be achieved during the year within the following major program elements (common outputs may be developed for overlapping program areas).

(a) Administration and program development. This program element will provide for planning, development and coordination of activities for program management, including general program direction and supervision; devel. opment of staffing and budget needs; development and evaluation of basic State legislation, regulations, and policies; and public participation.

(b) Enforcement. An enforcement program should include the following elements:

(1) Surveillance. Collection of samples and other evidence regarding pesticides which have been packaged, labeled, and released for shipment; collection of samples and other evidence regarding pesticides which are being used or are held for use, and proat establishment, marketplace, import, export and pesticide use inspections.

(2) Laboratory capability. Provision for the analysis of all samples collected during surveillance activities using Association of Official Analytical Chemists methods or other test methods approved by EPA. In accordance with Federal Management Circular FMC 74-4, provision may be made for rearrangement and alteration of facilities as specifically required for the program. The cost of constructing new buildings will not be allowable.

(3) Training. Training of inspectors, laboratory personnel or case preparation officers regarding EPA establishment, marketplace and use inspection and sample collection procedures, EPA analytical methods and chain of custody standards, and case-development procedures.

(4) Enforcement. Establishment and implementation of procedures for administrative and judicial enforcement of Federal and non-Federal pesticide regulations, including revocation of certification and provision for supplying evidence gathered by the recipient to EPA to support prosecution in cooperation with or by Federal authorities.

(c) Applicator certification. An applicator certifiction program must provide for certification of private and commercial applicators as set forth in the approved State plan to use and supervise the use of restricted use pesticides, for training in the use of new techniques in pest control, and for their introduction through the certification process. The program element may provide training intended to complement and supplement the training conducted under the Memorandum of Understanding and the Interagency Cooperative Issuance between EPA and USDA and through cooperative agreements between USDA and the State Cooperative Extension Services (4) Import sampling:

(5) Experimental use permit inspections;

(6) Sample collections; (7) Chemical analysis of samples; (8) Enforcement actions; (9) Accomplishment of any other

as provided by section 23(c) of FIFRA, 7 U.S.C. 136u(c).

(d) Public Participation and Information. Each program plan must include an element for public participation. This element must include a program to inform and educate the public as to the actions the applicant plans to take in regard to pesticide enforcement and applicator certification. Provision will be made for consultation with the public in significant decisions in program plan implementation. Following significant decisions in the course of program plan implementation, the recipient shall prepare a summary of its responses to public comment and shall make these available to the public. The recipient's public participation activities shall be summarized in its end-of-year review. EPA's public participation policy should be consulted for specific requirements.

(b) Reports for the second and fourth quarters shall include the total number of applicators, private and commercial, by category, currently certified; number of applicators, private and commercial, by category, certified during the last reporting period; and the number of applicators, private and commercial. by category, recerti. fied during the last reporting period.

Subpart C-Grants for Construction of Wastewater Treatment Works

AUTHORITY: Sec. 8, Federal Water Pollution Control Act, as amended (33 U.S.C. 1158).

SOURCE: Sections 35.800 to 35.845, 37 FR 11660, June 9, 1972, unless otherwise noted.

§ 35.782 Program evaluation.

(a) Mid-year evaluation. Each Regional Administrator and the recipient shall jointly conduct a mid-year onsite evaluation meeting to review and evaluate the program accomplishments of the current budget period under $ 35.410.

(b) End-of-year evaluation. Generally within 30 days after the end of the budget period, each Regional Administrator and recipient shall jointly conduct an evaluation meeting to review and evaluate the accomplishments for the year.

(c) Evaluation report. The Regional Administrator shall prepare a written report of each evaluation generally within 15 working days of the meeting. The recipient shall be allowed 15 working days from the date of receipt to concur with or comment on the findings.

§ 35.800 Purpose.

This subpart supplements the EPA general grant regulations and procedures (40 CFR Part 30) and establishes and codifies policies and procedures for grants for the construction of treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters.

8 35.801 Authority.

This subpart is issued under section 8 of the Federal Water Pollution Con8 of tr trol Act, as amended, 33 U.S.C. 1158.

8 35.786 Reporting.

The recipient shall submit reports to the Regional Administrator showing work performed under an assistance agreement.

(a) The following information shall be submitted quarterly:

(1) Establishment inspections;
(2) Marketplace inspections;
(3) Use observations;

8 35.805 Definitions.

As used in this subpart, the words and terms defined in this section shall have the meaning set forth below: 8 35.805-1 Construction.

The preliminary planning to determine the economic and engineering feasibility of treatment works, the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary to the con

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