[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR171.8]

[Page 279]
 
                   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 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]