NAAA eNewsletter - 12/08/2022

Late last month, the EPA approved pesticide applicator certification plans for six states, two U.S. territories and five federal agencies. The approved plans comply with the 2017 Certification of Pesticide Applicators (CPA) final rule, which established stronger standards for people who apply restricted-use pesticides (RUPs), including aerial applicators. The rule required that agencies with existing certification plans submit proposed modifications to comply with these new standards. The new standards included the establishment of an aerial application category that would require unique continuing education for that specific form of application.

Existing certification plans for state, territory and tribal authorities will remain in effect until Nov. 4, 2023, unless the EPA approved their proposed plan modifications.

The six states and two territories, as well as their respective lead agencies responsible for enforcing pesticide regulations that had their plans approved, are:

Alaska (Alaska Department of Environmental Conservation)
California (California Department of Pesticide Regulation)
Nebraska (Nebraska Department of Agriculture)
New York (New York State Department of Environmental Conservation)
Oregon (Oregon Department of Agriculture)
Vermont (Vermont Agency of Agriculture, Food and Markets)
Puerto Rico (Puerto Rico Department of Agriculture)
U.S. Virgin Islands (U.S. Virgin Islands Department of Planning and Natural Resources)

The five federal agencies that had their plans approved are:

U.S. Department of Agriculture, Animal and Plant Health Inspection Services, Plant Protection and Quarantine
U.S. Department of Agriculture, Forest Service
U.S. Department of Defense
U.S. Department of Energy; Bonneville Power Administration
U.S. Department of the Interior, Bureau of Land Management

The EPA has specialized certification requirements for aerial application that include the following:

A person must be at least 18 years old to qualify as a noncertified applicator using RUPs. (Exception: A person under the supervision of an immediate family member and applying non-commercially must be at least 16 years old.)
Required pesticide certification at least once every five years through either written exams for each certification or by completing specific training in a continuing education authority for commercial applicators.
Requires states to adopt Continuing Education Unit (CEU) criteria for the quantity, content and quality assurance of CEUs and verification of completed CEU coursework.
Allow states to require recertification by exam or completion of CEUs.
States must require commercial applicators to maintain the following records for a minimum of two years: Current law mandates that state plans include requirements for certified commercial applicators to maintain operational records with the following information for at least two years: the name and address of the person for whom the pesticide was applied; the location of the pesticide application; the size of the area treated; site to which RUP was applied; time and date of application; product name and EPA registration number of RUP applied; the total amount of the pesticide applied; the name and certification number of the certified applicator that made or supervised the application, and if applicable, the name of any noncertified applicator(s) that made the application under the direct supervision of the certified applicator.
Requires state certification plans to specify whether and under which circumstances the state would certify applicators based on the applicator having been certified by another state.
Defines “use” as in “to use a pesticide” to include any pre-application activities (including arranging for application, and mixing and loading), applying the pesticide or supervising use by a noncertified applicator, transporting or storing pesticide containers that have been opened, cleaning equipment, disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.
Certification exams for aerial applicators must test knowledge of the following areas:

Labeling – Label requirements specific to aerial application, including:

Spray volumes.
Buffers and no-spray zones.
Weather conditions specific to wind and inversions.

Application equipment – Understanding of how to choose and maintain aerial application equipment, including:

The importance of inspecting equipment prior to use.
Selecting the proper nozzles.
Knowledge of the components of an aerial application system, including hoppers, tanks, pumps and nozzles.
Interpreting a nozzle flow rate chart.
Determining the number of nozzles for intended pesticide output using nozzle flow rate chart, aircraft speed and swath width.
How to ensure nozzles are placed to compensate for uneven dispersal due to uneven airflow from wingtip vortices, helicopter rotor turbulence and aircraft propeller turbulence.
Where to place nozzles to produce the appropriate droplet size.
How to maintain the application system.
How to calculate the required and actual flow rates.
How to verify flow rate using fixed timing, open timing, known distance or a flow meter.
When to adjust and calibrate equipment.

Application considerations – The applicator must demonstrate knowledge of factors to consider before and during application, including all the following:

Weather conditions that could impact application by affecting aircraft engine power, takeoff distance and climb rate or by promoting spray droplet evaporation.
How to determine wind velocity, direction and air density at the application site.
The potential impact of thermals and temperature inversions on aerial pesticide application.

Minimizing drift – The applicator must demonstrate knowledge of factors to consider before and during application, including all of the following:

How to determine drift potential using a smoke generator.
How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed and concentration.
Selecting techniques that minimize pesticide movement out of the area to be treated.
Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift.

Performing aerial application – The applicator must demonstrate competency in performing an aerial pesticide application, including all the following:

Selecting a flight altitude that minimizes streaking and off-target drift.
Choosing a flight pattern that ensures applicator and bystander safety and proper application.
The importance of engaging and disengaging spray precisely when entering and exiting a predetermined swath pattern.
Tools available to mark swaths such as GPS and flags.
Recordkeeping requirements for aerial pesticide applicators, including application conditions if applicable.