National C&T Plan and Sample Letter

[NaepcA1]

I have attached a sample comment letter to share with tribes. I admit it leans towards notification. Below are some of the comments expressed at the Pesticide Workgroup Call we had on June 14, 2011.

National C&T Plan
- Comments due July 6, 2011.
– Major items from the WRPM discussion:
o Tribes requested OPP to develop a factsheet that will assist tribes in their explanation to applicators on the changes.
o Tribes asked OPP to provide a draft communication strategy for tribes to provide input on before it goes to the applicators. This isn’t just for Agriculture and related sectors.
– Summit Lake provided some comments to Dan Helfgott regarding the Pesticide Applicator Core Exam.
o It should be in the exam to contact tribes and how to contact them.
o 5000 applicators were the base – where any of them certified in Indian Country?
o This is a missing link for the C&T Plan on EPA’s part.
o It was noted that this was done a long time ago and finished in 2002. There was probably little discussion on how tribes played into this.
o In the manual, under laws & regulations, it has one line that mentions tribes and applicators needing to know about tribal laws.
o It was noted that there is a need for training and education specifically linked to the C&T Plan.
– Comments noted:
o Should tribes push for the manual to be updated? Bigger concern is that EPA is not assuring tribes that applicators are competent and does not applicators to demonstrate their competency in the exams used to obtain certification.
o Encouraging a notification process could eliminate the Opt-in/Opt-out provision request.
o Labels should have a provision that requires tribes to be contacted.
o Definition of Indian Country seems to exclude Alaskan Native Villages. According to Nicole Zinn, the EPA Attorney feels EPA is able to implement under the current definition.
o Notification Database: State v EPA regional
o Enforcement concerns: EPA is unable to enforce a tribal resolution, law or code but the C&T Plan will give a stronger base for EPA to take an enforcement action against an applicator that is not certified to apply restricted use pesticides in Indian country.
o Issuance of certification cards under The Navajo Plan requires that the applicator contact the Navajo Pesticide Program.
o The Revocation, Suspension and Modification section does not specifically list tribes but if ask for the label to include a note that contacting tribes is a requirement, this will give stronger enforcement on tribal lands.
- Two types of notifications being heard:
o Notifying tribes of the applicators certified to apply on tribal lands (someone indicated there was a database, but not sure there is one).
o Pre-notification of applications. Arizona requirement has this and many tribes have adopted this. Also, the current soil fumigation letter that is out sets precedence for having prior notification. It should be referenced in comments.


Nina Hapner
Director of Environmental Planning
Kashia Band of Pomo Indians of the Stewarts Point Rancheria
3535 Industrial Drive, Suite B-2
Santa Rosa CA 95403
707.591.0580 x 107 office
707.591.0583 fax
nina@stewartspointrancheria.com