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Environmental Protection Agency

Environmental Protection Agency

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Environmental Protection Agency

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  1. Environmental Protection Agency March 7, 2019 Ms. Christine TokarzLife ScientistLead & Pesticide Enforcement303.312.6147Tokarz.Christine@epa.gov

  2. EPA Region 8: FIFRA Overview Six States Twenty Seven Tribes Three EPA FIFRA Inspectors

  3. EPA Region 8: State Inspections Six States At least 1 Inspector with Fed. Cred. Inspections conducted by EPA Staff Imports Producer Establishments

  4. Direct Implementation in Wyoming Inspections conducted by EPA Staff Imports Producer Establishments Use (Ag and Non-Ag) WPS RUP Dealer Container / Containment Marketplace

  5. Direct Implementation in Wyoming Inspections Annually in Wyoming EPA- 25 WDA- 350

  6. Direct Implementation in Wyoming Strong Partnership 2 Ports of Entry 19 Producer Establishments 66 RUP Dealers Countless WPS Targets Countless Marketplace Inspection opportunities

  7. Direct Implementation in Wyoming Partnership based on Enforcement and Compliance Implementation Strategy

  8. Direct Implementation in Wyoming Goal 1: Grow the WYDA-EPA relationship and establish open lines of communication. 1.1 Inspection notification: EPA notifies WYDA five business days in advance of an inspection. 1.2 For cause inspections: Coordinated effort between WYDA and the EPA. 1.3 Referrals: WYDA refers cases that either would be better suited to be investigated by EPA, or cases that extend over state lines.

  9. Direct Implementation in Wyoming Goal 2: Implement the national Certification and Training Program EPA Region 8 will implement the C&T plan on the Wind River Reservation. WYDA will implement the C&T plan beyond the border of tribal lands. • Annual Pesticide Certification Training in January • Online training year round

  10. Direct Implementation in Wyoming Goal 3: EPA will base inspections targets on national program managers focus areas. 3.1 Product integrity: producer establishment inspections, marketplace inspections, and product sampling. 3.2 Border compliance: import inspections at the port of entry and the final destination of the import as needed. 3.3 Worker protection: WPS inspections

  11. Direct Implementation in Wyoming Goal 4: EPA will base inspections targets on regional focus areas. 4.1 Nonagricultural pesticide use: Right-of-way, aquatic environments, hospitals/clinics, schools, and golf courses. 4.2 Producer establishment and container/containment rule inspections

  12. Direct Implementation in Wyoming Goal 4: Assure implementation of regional focus areas. 4.4 RUP dealers: dealer/distributor/retailer inspections be targeted to ensure product compliance and compliance with the recordkeeping requirements for the sale of RUPs. 4.3 Marketplace: Marketplace inspections will occur at any location that sells or distributes pesticides or pesticidal devices. Wyoming has approximately 66 RUP dealers, which include the 23 county weed and pest control districts.

  13. How is this working? Attending trainings and meetings Sharing inspection data between State and EPA • Wyoming pesticide training • Biannual list of State Inspections • Annual State and Tribal Mtg at EPA • 5 Day Notice of EPA Inspections • SFIREG Inviting State on EPA inspections Sharing information regarding potential targets • Encourages consistency in enforcement • Tips and Complaints • Builds relationships across State and Federal • “Bad Actors”

  14. How is this working? To do this work Region 8 receives significant: • FTE • Money • Resources

  15. Region 8 Tribal Compliance Assistance and Enforcement 27 tribes on 26 reservations - several large reservations - significant agricultural production 7 grants covering 17 reservations - 2 circuit rider grants Cheyenne River – covers 8 reservations (Cheyenne River, Crow Creek, Flandreau, Lower Brule, Yankton, Sisseton-Wahpeton, Spirit Lake, and Turtle Mountain) Confederated Salish and Kootenai – covers 4 reservations (CSKT, Blackfeet, Crow, and Northern Cheyenne) - 5 stand-alone grants Fort Peck, Three Affiliated/MHA, Standing Rock, Oglala Sioux, Rosebud Sioux

  16. Region 8 Tribal Compliance Assistance and Enforcement 1.Arapaho Tribe of the Wind River Reservation, Wyoming 2.Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana 3.Blackfeet Tribe of the Blackfeet Indian Reservation of Montana 4.Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota 5.Chippewa-Cree Indians of the Rocky Boy’s Reservation, Montana 6.Confederated Salish and Kootenai Tribes of the Flathead Reservation 7.Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota 8.Crow Tribe of Montana 9.Eastern Shoshone Tribe of the Wind River Reservation, Wyoming 10.Flandreau Santee Sioux Tribe of South Dakota 11.Fort Belknap Indian Community of the Fort Belknap Reservation of Montana 12.Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota 13.Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana 14.Northwestern Band of Shoshone Nation of Utah 15.Oglala Sioux Tribe of Pine Ridge, South Dakota 16.Paiute Indian Tribe of Utah 17.Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota 18.Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota 19.Skull Valley Band of Goshute Indiana of Utah 20.Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado 21.Spirit Lake Tribe, North Dakota 22.Standing Rock Sioux Tribe of North Dakota and South Dakota 23.Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota 24.Turtle Mountain Band of Chippewa Indians of North Dakota 25.Ute Indian Tribe of the Uintah & Ouray Reservation, Utah 26.Ute Mountain Tribe 27.Yankton Sioux Tribe of South Dakota

  17. Region 8 Tribal Compliance Assistance and Enforcement 1.Arapaho Tribe of the Wind River Reservation, Wyoming 2.Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana 3.Blackfeet Tribe of the Blackfeet Indian Reservation of Montana 4.Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota 5.Chippewa-Cree Indians of the Rocky Boy’s Reservation, Montana 6.Confederated Salish and Kootenai Tribes of the Flathead Reservation 7.Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota 8.Crow Tribe of Montana 9.Eastern Shoshone Tribe of the Wind River Reservation, Wyoming 10.Flandreau Santee Sioux Tribe of South Dakota 11.Fort Belknap Indian Community of the Fort Belknap Reservation of Montana 12.Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota 13.Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana 14.Northwestern Band of Shoshone Nation of Utah 15.Oglala Sioux Tribe of Pine Ridge, South Dakota 16.Paiute Indian Tribe of Utah 17.Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota 18.Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota 19.Skull Valley Band of Goshute Indiana of Utah 20.Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado 21.Spirit Lake Tribe, North Dakota 22.Standing Rock Sioux Tribe of North Dakota and South Dakota 23.Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota 24.Turtle Mountain Band of Chippewa Indians of North Dakota 25.Ute Indian Tribe of the Uintah & Ouray Reservation, Utah 26.Ute Mountain Tribe 27.Yankton Sioux Tribe of South Dakota Have FIFRA Programs and Federally Credentialed Inspectors

  18. Region 8 Tribal Compliance Assistance and Enforcement 1.Arapaho Tribe of the Wind River Reservation, Wyoming 2.Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana 3.Blackfeet Tribe of the Blackfeet Indian Reservation of Montana 4.Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota 5.Chippewa-Cree Indians of the Rocky Boy’s Reservation, Montana 6.Confederated Salish and Kootenai Tribes of the Flathead Reservation 7.Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota 8.Crow Tribe of Montana 9.Eastern Shoshone Tribe of the Wind River Reservation, Wyoming 10.Flandreau Santee Sioux Tribe of South Dakota 11.Fort Belknap Indian Community of the Fort Belknap Reservation of Montana 12.Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota 13.Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana 14.Northwestern Band of Shoshone Nation of Utah 15.Oglala Sioux Tribe of Pine Ridge, South Dakota 16.Paiute Indian Tribe of Utah 17.Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota 18.Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota 19.Skull Valley Band of Goshute Indiana of Utah 20.Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado 21.Spirit Lake Tribe, North Dakota 22.Standing Rock Sioux Tribe of North Dakota and South Dakota 23.Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota 24.Turtle Mountain Band of Chippewa Indians of North Dakota 25.Ute Indian Tribe of the Uintah & Ouray Reservation, Utah 26.Ute Mountain Tribe 27.Yankton Sioux Tribe of South Dakota Circuit Ride to other reservations

  19. Region 8 Tribal Compliance Assistance and Enforcement 1.Arapaho Tribe of the Wind River Reservation, Wyoming 2.Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana 3.Blackfeet Tribe of the Blackfeet Indian Reservation of Montana 4.Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota 5.Chippewa-Cree Indians of the Rocky Boy’s Reservation, Montana 6.Confederated Salish and Kootenai Tribes of the Flathead Reservation 7.Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota 8.Crow Tribe of Montana 9.Eastern Shoshone Tribe of the Wind River Reservation, Wyoming 10.Flandreau Santee Sioux Tribe of South Dakota 11.Fort Belknap Indian Community of the Fort Belknap Reservation of Montana 12.Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota 13.Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana 14.Northwestern Band of Shoshone Nation of Utah 15.Oglala Sioux Tribe of Pine Ridge, South Dakota 16.Paiute Indian Tribe of Utah 17.Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota 18.Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota 19.Skull Valley Band of Goshute Indiana of Utah 20.Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado 21.Spirit Lake Tribe, North Dakota 22.Standing Rock Sioux Tribe of North Dakota and South Dakota 23.Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota 24.Turtle Mountain Band of Chippewa Indians of North Dakota 25.Ute Indian Tribe of the Uintah & Ouray Reservation, Utah 26.Ute Mountain Tribe 27.Yankton Sioux Tribe of South Dakota Covered by Program or Circuit Rider

  20. Region 8 Tribal Compliance Assistance and Enforcement 1.Arapaho Tribe of the Wind River Reservation, Wyoming 2.Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana 3.Blackfeet Tribe of the Blackfeet Indian Reservation of Montana 4.Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota 5.Chippewa-Cree Indians of the Rocky Boy’s Reservation, Montana 6.Confederated Salish and Kootenai Tribes of the Flathead Reservation 7.Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota 8.Crow Tribe of Montana 9.Eastern Shoshone Tribe of the Wind River Reservation, Wyoming 10.Flandreau Santee Sioux Tribe of South Dakota 11.Fort Belknap Indian Community of the Fort Belknap Reservation of Montana 12.Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota 13.Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana 14.Northwestern Band of Shoshone Nation of Utah 15.Oglala Sioux Tribe of Pine Ridge, South Dakota 16.Paiute Indian Tribe of Utah 17.Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota 18.Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota 19.Skull Valley Band of Goshute Indiana of Utah 20.Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado 21.Spirit Lake Tribe, North Dakota 22.Standing Rock Sioux Tribe of North Dakota and South Dakota 23.Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota 24.Turtle Mountain Band of Chippewa Indians of North Dakota 25.Ute Indian Tribe of the Uintah & Ouray Reservation, Utah 26.Ute Mountain Tribe 27.Yankton Sioux Tribe of South Dakota Some amount of FIFRA Coverage

  21. Montana Example Inspections in FY17 and FY18 6 50 32 5

  22. Region 8 Tribal Compliance Assistance and Enforcement Three Categories Tribes with a Circuit Rider Tribes with Direct Implementation by EPA Tribes with Federally Credentialed Inspectors Tribes - 10 Tribes -12 Tribes -7 Outreach and enforcement coverage Less outreach and enforcement coverage EPA strives to conduct outreach and enforcement

  23. Region 8 Tribal Compliance Assistance and Enforcement Three Categories Tribes with a Circuit Rider Tribes with Direct Implementation by EPA Tribes with Federally Credentialed Inspectors Tribes - 10 Tribes -12 Tribes -7 Outreach and enforcement coverage Less outreach and enforcement coverage EPA strives to conduct outreach and enforcement

  24. Direct Implementation Strategy – Tribes without Programs Build partnerships Collect feedback Build a level of trust and understanding Find potential contacts internally Determine resources Study cultural and historical aspects of tribes

  25. Direct Implementation Strategy – Tribes without Programs Routine Compliance Assistance and Inspections Compliance Assistance Training to Tribal Members (what to look for – who to contact) Share Knowledge and Resources Tour Reservation Informal Pesticide Use Assessment AHERA Insp Non Ag Use Schools/Clinics Insp Tribal Contacts Meet with TAP Connect with other programs (RCRA, CAA) University Extension Agents Internal and Other Regulatory Contacts

  26. Wind River Example • It’s hard to get started • Could be positive or negative to attend other EPA inspections • Tribal partnerships are key • Extension Agents have made a lot of contacts and are very knowledgeable • Local State Inspectors have good (and usually different) perspectives and information • Discussions with leadership at Schools and Clinics is an effective way to learn about the communities • More resources are necessary to take the next logical step, proper pesticides use assessments

  27. Environmental Protection Agency Ms. Christine TokarzLife ScientistLead & Pesticide Enforcement303.312.6147Tokarz.Christine@epa.gov