[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR171.8]



[Page 244-245]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 171_CERTIFICATION OF PESTICIDE APPLICATORS--Table of Contents

 

Sec.  171.8  Maintenance of State plans.



    (a) Any State certification program approved under Sec.  171.7 shall 

be maintained in accordance with the State plan approved under that 

section. Accordingly, the State plan should include:

    (1) Provisions to assure that certified applicators comply with 

standards for the use of restricted use pesticides and carry out their 

responsibility to provide adequate supervision of noncertified 

applicators.

    (2) Provisions to ensure that certified applicators continue to meet 

the requirements of changing technology and to assure a continuing level 

of competency and ability to use pesticides safely and properly.

    (b) An approved State plan and the certification program carried out 

under



[[Page 245]]



such plan may not be substantially modified without the prior approval 

of the Administrator. A proposed change may be submitted for approval at 

any time but all applicable requirements prescribed by these Regulations 

must be satisfied for the modification to be eligible for approval by 

the Administrator.

    (c) Whenever the Administrator determines that a State is not 

administering the certification program in accordance with the State 

plan approved under Sec.  171.7, he shall so notify the State and 

provide for a hearing at the request of the State and, if appropriate 

corrective action is not taken within a reasonable time, not to exceed 

ninety days, the Administrator shall withdraw approval of the plan.



[40 FR 11704, Mar. 12, 1975]