Applicator Recordkeeping Requirements under the EPA Plan

Commercial Applicators

Commercial applicators must maintain records of their restricted use pesticide (RUP) applications that occur in areas of Indian country covered by the EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country (EPA Plan). Applicators must make these records available for inspection and copying by representatives of EPA for a period of at least two years from the date of use of the pesticide.

Records must include the following information:

1. Name and address of the person for whom the RUP was applied;
2. Location of the RUP application;
3. Size of the area treated;
4. Specific crop, commodity, stored product, or site, to which the pesticide was applied;
5. Year, month, day, and time of application;
6. The brand or product of the RUP applied;
7. The EPA registration number of the RUP applied;
8. The total amount of the RUP applied per location per application; and
9. 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.

Commercial applicator supervising noncertified applicators under their direct supervision must create or verify the existence of records documenting that each noncertified applicator has the qualifications required to apply RUPs. Those records must contain the following, depending on the qualification the noncertified applicator has met:

1. Completed noncertified applicator training
   1. The noncertified applicator’s printed name and signature
   2. The date the training requirement was met
   3. The name of the person who provided the training
   4. The title or a description of the training provided.
2. Completed an EPA-approved WPS agricultural handler training
   1. The trained handler’s printed name and signature
   2. The date of the training
   3. Information identifying which EPA-approved training materials were used
   4. The trainer’s name and documentation showing that the trainer met the requirements of 170.501(c)(4) at the time of training
   5. The handler employer’s name
3. Met noncertified applicator requirements established by a certifying authority (e.g., state, tribe, or other federal agency) that meet or exceed the standards in 171.201(c)(1)
   1. Records must contain information required by certifying authority
4. The noncertified applicator is currently a certified applicator but is not certified to perform the type of application being conducted or is not certified in the jurisdiction where the use will take place.
   1. The noncertified applicator’s name
   2. The noncertified applicator’s certification number
   3. The expiration date of the noncertified applicator’s certification
   4. The certifying authority that issued the certification

Private Applicators

Private applicators are not required to maintain records under the EPA Plan. However, private applicators must follow USDA private applicator recordkeeping requirements for RUPs. For more details, see https://www.ams.usda.gov/rules-regulations/pesticide-records

Private applicators have supervisory responsibilities if they are supervising noncertified applicators, including ensuring those noncertified applicators have met certain noncertified applicator qualifications.