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pdfNovember 17, 2009
SUPPORTING STATEMENT FOR
AN INFORMATION COLLECTION REQUEST (ICR)
1.
Identification of the Information Collection
1(a). Title of the Information Collection
Title: Standards for Pesticide Containers and Containment
EPA ICR No. 1632.03
OMB Control No. 2070-0133
1(b). Short Characterization/Abstract
This Information Collection Request covers the information collection activities
contained in the final Pesticide Container and Containment Regulations. The final rule
was published on August 16, 2006, with final amendments to the rule published on
October 29, 2008. EPA sought comment on this ICR document before the final
Pesticide Container and Containment Regulations were published, and submitted the
ICR to OMB in conjunction with issuing the final rule. Because the entities affected by
the container regulations are different than the entities affected by the containment
regulations, this ICR document provides separate discussions of the two primary
activities and the Agency’s related burden estimates. This ICR then totals the Agency’s
burden estimates for the two primary activities for purposes of providing a single burden
estimate for this ICR.
Where necessary to distinguish the discussion of these two primary activities
within each section of this ICR, the Agency has identified the discussion of the
information collection activities associated with the container design and residue
removal requirements with this header: “Container,” and the information collection
activities related to the containment structure requirements with this header:
“Containment.” Where the discussion applies equally to both sets of activities, there is
no distinction.
1(b)(i). Container. These portions of the ICR cover the information collection
activities associated with the container design and residue removal requirements.
Specifically, the requirement that businesses subject to the container regulations
(pesticide registrants) and repackaging regulations (pesticide registrants and refillers)
maintain records of test data, cleaning procedures, certain data when a container is
refilled and other supporting information. These records are subject to both call-in by
EPA and on-site inspection by EPA and its representatives. EPA has not established a
regular schedule for the collection of these records, and there is no reporting.
1(b)(ii). Containment. These portions of the ICR cover the information
collection activities associated with the containment structure requirements.
Specifically, the requirement that businesses subject to the containment structure
regulations maintain records of the: 1) monthly inspection and maintenance of each
containment structure and all stationary bulk containers; 2) duration over which nonstationary bulk containers holding pesticides and not protected by a secondary
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containment unit remain at the same location; and 3) construction date of the
containment structure. The businesses subject to the containment structure regulations
include agrichemical retailers and refilling establishments, custom blenders and
commercial applicators of agricultural pesticides. The records have to be maintained by
the owners and operators of such businesses. There is no regular schedule for the
collection of either of these records, nor does EPA anticipate a call-in of records at
some future date. Instead, the records would be available to inspectors to ensure that
businesses are in compliance with containment requirements. These inspections are
generally conducted by the states, who enforce FIFRA regulations through cooperative
agreements with EPA.
2.
Need For and Use of the Collection
2(a). Need/Authority for the Collection
The statutory authority for these collection activities are found in sections 3, 8, 19
and 25 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C.
136f, 136q and 136w.
The 1988 amendments to FIFRA section 19 significantly expanded and
strengthened EPA’s authority in the areas of pesticide storage, disposal and
transportation and authorized the administrator, in conjunction with the registration and
reregistration of a pesticide, to establish:
•
data requirements to determine methods of safe storage and disposal of
pesticides [FIFRA section 19(a)(1)(A)]; and
•
labeling requirements for the storage, transportation and disposal of pesticides,
excess pesticides, rinsates, and containers [FIFRA section 19(a)(1)(B)].
Furthermore, section 19 mandates the issuance of regulations for:
•
pesticide container design standards [FIFRA section 19(e)]; and
•
pesticide residue removal standards and procedures [FIFRA section 19(f)].
The collection (record keeping) of information covered by this ICR is needed to
ensure that EPA’s statutory requirement to develop regulations for the safe storage and
disposal of pesticides are implemented. Together with the requirements for
containment of large pesticide tanks, the container requirements for design and residue
removal are essential to ensure the safe use, reuse and refill of containers as required
by FIFRA section 19.
2(a)(i). Container. The container design and residue removal regulations are
contained in Title 40 of the Code of Federal Regulations (CFR) Parts 156 and 165.
The container design and residue removal standards are intended to protect
human health during container handling, refilling, storage, use, reuse, disposal or
recycling. The standards include design and construction requirements to ensure that
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containers are durable and that breakage and leakage will not occur during these
operations. The standards adopt and refer to certain Department of Transportation
(DOT) standards regarding container integrity and marking. There are also
requirements to include specific instructions on labels regarding residue removal
procedures, and specific procedures for refilling refillable containers for sale or
distribution. The standards are also intended to promote recycling and the use of
refillable containers so that the number of pesticide containers in the waste stream will
be reduced.
2(a)(ii). Containment. The containment structure regulations are contained in
40 CFR Part 165.
The containment standards are intended to prevent pesticide contamination of
soil, ground water and surface water at specified sites where pesticides are stored in
refillable bulk containers and where container refilling operations occur. There are a
number of potential sources of pesticide spills at refilling operations and bulk pesticide
handling facilities ranging from small leaks to container failures. In many cases,
environmental contamination may be caused by chronic small leaks of concentrated
pesticides from containers and appurtenances (e.g., hoses, pipes, valves, pumps) and
from improper management of container rinsates or equipment wash water. Larger
releases occur less frequently but can result in significant environmental contamination.
Major spills can result from bulk container failure, operator error and vandalism.
Facilities are required to maintain specific records so that the Agency can verify
compliance.
2(b). Practical Utility/Users of the Data
EPA or its representative (i.e., the states) will use records that are required to be
maintained to verify compliance with the regulations. Although records maintained
under the regulations are subject to call-in by EPA, the Agency does not expect to
conduct routine call-ins. Instead, the records will be reviewed during routine
establishment inspections. These inspections are generally conducted by the states,
who enforce FIFRA regulations through cooperative agreements with EPA.
2(b)(i). Container. EPA will use the records of test data and other information
collected or submitted under the pesticide container design and residue removal
regulations to assess compliance with the regulations and to evaluate their
effectiveness.
The data will be used by the Registration Division, the Antimicrobial Division, the
Biopesticides and Pollution Prevention Division and the Field and External Affairs
Division of OPP, as well as the Office of Compliance and the Office of Civil Enforcement
in EPA’s Office of Enforcement and Compliance Assurance. The specific users within
the divisions include chemists, economists, and product and project managers. The
data may also be used by EPA Regions and state enforcement officials.
2(b)(ii). Containment. Records of the inspection and maintenance of
containment structures and stationary bulk agricultural pesticide containers will assist
EPA, states or political subdivisions duly designated by EPA to assess the integrity of
bulk containers and containment structures.
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Records documenting the duration over which a pesticide remains in a bulk
container not protected by secondary containment at the same location will allow EPA
or its representatives to determine whether the bulk container has exceeded the 30-day
residence criterion which triggers requirements for secondary containment of stationary
bulk containers.
Records of the construction date of the secondary containment structure will
allow EPA or its representatives to determine whether the structure must comply with
the standards for existing structures or for new structures (according to the definitions of
existing and new in the final rule).
3.
Non Duplication, Consultations, and Other Collection Criteria
3(a). Non duplication
Duplication is not an issue because these records are generally unique to the
requirements of the federal pesticide law (FIFRA) and to specific pesticide products.
EPA is the primary Federal agency that regulates pesticide chemicals, pesticide
containers and disposal. To the extent that companies may already retain these
records as part of its management practices, any potential duplication will facilitate their
compliance with the regulation. Therefore, there is no duplication of effort.
In addition, EPA maintains files on all pesticide chemicals, as well as
correspondence and information/data submitted. These files are referenced to
determine whether the necessary data are already on hand, thereby eliminating
duplicative data requests. The list of data submitters that EPA publishes enables the
industry to act cooperatively in the development and/or use of data. Further, EPA
allows cost-sharing agreements among manufacturers of specific pesticide chemicals in
order to minimize the duplication of laboratory tests conducted for this program.
3(b). Public Notice Required Prior to ICR Submission to OMB
In proposing to renew this ICR, EPA published a Federal Register Notice on
February 25, 2009 (74 FR 8537) and provided a 60-day public notice and comment
period. The Agency did not receive any public comments during this period.
3(c). Consultations
In addition to the public notice that EPA published in the Federal Register
concerning the renewal of this ICR, the Agency consulted with stakeholders who
actively interact with the Agency through the use of this collection instrument. EPA staff
contacted five relevant stakeholders and received four responses. EPA asked for their
assessment of the regulatory burden estimates expressed by the Agency in this ICR.
EPA consulted with the following individuals:
Marty Fitzpatrick
BASF
martin.fitzpatrick@basf.com
919-883-4966
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Susan Ferenc
Chemical Producers and Distributors Association
sferenc@cpda.com
703-548-7700
Kip Landwehr
Winfield Solutions, A Land O'Lakes Company
CELandwehr@landolakes.com
972-462-8656
Carmen Hayworth
Agricultural Retailers Association
carmen@aradc.org
202-457-0825 x36
Allan Hovis
Bayer CropScience
allan.hovis@bayercropscience.com 919-549-2696
Publicly Available Data
Respondents indicated that this data was newly created, stored internally, and
not available from a public source.
Frequency of Collection
Respondents indicated that the frequency of collection was reasonable.
Clarity of Instructions
Respondents indicated that the available instructions (e.g., regulations, PR
notices, etc) provide a sufficient summary of the recordkeeping requirements. A specific
request regarding the submission of information includes a single registrant submission
for multiple facilities. A registrant noted that not requiring a specific format for records
would allow the registrant to consolidate records from all of its repackaging facility to
create a single submission. Some respondents found the questions in the information
collection request consultation process to be unclear.
Electronic Reporting and Recordkeeping
Respondents are in favor of electronic submission provided that there is a high
level of security and confidentiality, availability of required software and acceptance of
paper submission in case of electronic submission failure and varying levels of
technology across the industry. Respondents are in favor of electronic submissions for
ease of submission, more efficient records management, and lower storage
requirements.
Respondents maintain records both electronically and in non-electronic form.
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Burden and Costs
Respondents indicated the labor rates estimates are fair and accurate, although
the respondents encourage the Agency to update the labor rates to the most current
year. One respondent noted that the labor costs may be in the higher range.
Regarding burden and cost estimates, respondents indicated the costs ranged
from accurate to underestimated. One respondent noted that the activities for
nonrefillable containers included the potential development of residue removal data.
The respondent was unclear about whether these costs were included in the burden
estimate. One respondent noted that the estimated time for professional labor to read
instructions was lower than the respondent’s experience.
Additional costs may include development of internal recordkeeping processes
pertaining to regulatory compliance and costs associated with customer training and
education regarding the regulatory changes.
A record of consultations is found in Attachment H.
3(d). Effects of Less Frequent Collection
Not applicable. There is no collection activity. Records are generated according
to the schedule in the regulations, and, if necessary, information will be collected
periodically without a set schedule for compliance assurance.
3(e). General Guidelines
The only guideline established under the Paperwork Reduction Act (PRA) that
may be exceeded in this collection is the time period for retaining records. The PRA
guidelines specify that an agency must provide justification when requiring data other
than health, medical or tax records be retained for more than three years. This is
discussed separately for container and containment below.
In addition, OMB’s regulations require agencies to provide a statement indicating
whether the collection of information involves the use of automated, electronic,
mechanical, or other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and an explanation of
the decision (5 CFR 1320.5(a)(iii)(E)). EPA is leaving the selection of an information
storage method for the records to the regulated community. The records must be made
available on request by EPA or its representatives, and may be stored by means of
automated, electronic, mechanical or other forms of information technology.
3(e)(i). Container. The following time periods for retaining records under the
container design and residue removal regulations exceed the three year only guideline
for record retention established under the PRA:
1) for nonrefillable containers, the registrant must maintain the required records
for as long as the nonrefillable container is used with the pesticide product and
for three years thereafter;
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2) for refillable containers, each registrant who distributes or sells a pesticide
product to a refiller for repackaging into refillable containers and each registrant
who distributes or sells a pesticide product in refillable containers must maintain
the required records for the current operating year and for three years thereafter;
3) for refillable containers, each refiller must maintain the required informational
records for the current operating year and for three years thereafter. Information
about actual repackaging must be recorded and kept for three years.
EPA is requiring that the information described above be retained by registrants
or refillers for more than three years so that risks presented by pesticide containers can
be thoroughly evaluated. Most container designs and many refillable containers are in
use for more than three years. Further, even when a design is discontinued, containers
of that design type may remain on the market for a number of years. Therefore, if EPA
is to be able to thoroughly evaluate risks presented by pesticide containers it requires
access to information on these containers designs and containers for as long as they
remain in commerce.
3(e)(ii). Containment. The only guideline established under the PRA that is
exceeded is the time period for retaining records relating to the construction date of the
secondary containment structure. The regulations require that records documenting the
construction date of the containment structure be retained as long as the containment
structure is in use, and for three years thereafter. EPA requires retention of records
documenting the age of the containment facility because the standards for structures
built before promulgation of the containment rule differ slightly from the standards for
structures built after promulgation of the rule. The two sets of standards apply to
“existing” and “new” containment structures, terms which are defined in the rule. EPA is
requiring that the records be retained for a period in excess of that proposed by PRA
guidelines because containment structures are typically in use for much longer than
three years.
3(f). Confidentiality
Trade secret or confidential business information (CBI) is frequently submitted to
the EPA under the pesticide program because submissions usually include the
manufacturing process, product formulation, and supporting data. Health and safety
data submitted by registrants under FIFRA are considered by EPA to contain no CBI. If,
however, registrants submit CBI), such information is protected from disclosure under
FIFRA Section 10. CBI data submitted to the EPA is handled strictly in accordance with
the provisions of the FIFRA Confidential Business Information Security Manual.
Since EPA does not anticipate a collection or call-in of the retained records
covered by this ICR, the information in those records would not leave the possession of
the affected businesses.
3(g). Sensitive Questions
Not applicable. No information of a sensitive or private nature is requested in this
information collection activity.
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4.
The Respondents and the Information Requested
4(a). Respondents/NAICS Codes
4(a)(i). Container. The regulated community affected by the container design
and residue removal regulations includes businesses who formulate pesticide products
or repackage pesticide products into refillable pesticide containers. The affected
businesses are pesticide registrants, classified as North American Industry
Classification System (NAICS) code 325320 - Pesticide and Other Agricultural Chemical
Manufacturing, NAICS code 422910 - Farm Supplies Wholesalers, and Swimming Pool
Applicators, classified under 3 different NAICS codes shown in the table below.
Category
NAICS
codes
Examples of potentially affected entities
Pesticide and other agricultural
chemical manufacturing
325320
Pesticide registrants and businesses who formulate
pesticide products or pesticide formulation
intermediates.
Farm Supply Wholesalers
422910
All agricultural pesticide refillers whose principal
business is retail sale of agricultural pesticides.
Other services to buildings &
dwellings
561790
Swimming pool applicators.
All other miscellaneous store
retailers (except tobacco stores)
453998
All other special trade contractors
235990
4(a)(ii). Containment. The regulated community affected by the containment
regulations includes facilities that utilize one or more stationary bulk agricultural
pesticide containers, mobile bulk agricultural pesticide containers that remain in one
location for at least 30 consecutive days, and containment pads for agrichemical
pesticide dispensing areas. The majority of such facilities are classified in the farm
supplies industry under one NAICS code, 422910 - Farm Supplies Wholesalers (SIC
code 5190). NAICS 422910 includes both farm supply dealers and fertilizer dealers,
(frequently referred to as agrichemical facilities or businesses), as well as other
establishments engaged in the distribution of animal feeds, fertilizers, agricultural
chemicals, pesticides, seeds and other farm supplies, except grains. Agricultural (aerial
and ground) commercial applicators are also affected by the rule. Most of these
industries are classified under NAICS 115112 - Soil Preparation, Planting and
Cultivating. A number of agricultural services such as cultivation, pollination,
detasseling of corn, hoeing, and pruning are included under this NAICS code.
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Category
NAICS
codes
Examples of potentially affected entities
Farm Supplies
Wholesalers
422910
All agricultural pesticide refillers whose principal business is retail
sale of agricultural pesticides.
Retail dealers that have bulk indoor or outdoor agricultural
pesticide storage.
Independent commercial
applicators
115112
Businesses that apply pesticides for compensation (by aerial
and/or ground application) and that are not affiliated with
agrichemical dealers.
4(b). Information Requested
4(b)(i).
Data Items, Including Record Keeping Requirements
4(b)(i)(1). Container. In order to comply with the container design and residue
removal requirements, respondents must undertake a number of recordkeeping
activities (see tables below) for as long as the product is used and for three years after
that. There are no reporting requirements for these regulations. However, the required
records must be furnished and made available for inspection and copying upon request
of EPA or its designee. In addition, registrants must inform EPA by notification of the
label changes made to comply with the requirements of §156.
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Recordkeeping Requirements for Nonrefillable and Refillable Containers
Recordkeeping
Nonrefillable
Containers
For as long as a nonrefillable container is used for the product and for 3 years
thereafter:
• The name and EPA registration number of the product.
• A description of the container(s) used to distribute or sell the product.
• Documentation of compliance with the closure requirement, if applicable.
• Documentation of compliance with the dispensing requirement, if applicable.
• Documentation of compliance with the residue removal requirement, if
applicable.
Repackaging
(a) These “informational” records must be kept for the current operating year and for
three years after that (see the table below which identifies which businesses
(registrants of refillers) must comply:
• The written contract between the pesticide product’s registrant and the refiller for
the pesticide product.
• The written refilling residue removal procedure for the pesticide product.
• The written description of acceptable containers for the pesticide product.
(b) Each time a refiller repackages pesticide product into a refillable container for
distribution or sale, the following records must be generated and maintained for at
least three years after the date of repackaging:
• The EPA registration number of the pesticide product distributed or sold in the
refillable container.
• The date of the repackaging.
• The serial number of the refillable container.
As shown in the following table, antimicrobial products used in swimming pools and
closely-related sites do not have to comply with these section (b) repackaging
requirements.
Recordkeeping Requirements in the Repackaging Regulations
Product-Specific
Record
Registrants who d/s
directly in refillables 1
Swim pool
products 2
Contract to
repackage
Refilling residue
removal procedure
Description of
acceptable
containers
No
Registrants who d/s
to refillers for
repackaging into
refillables 1
All products
All other
products
Informational Records
No
Yes
Refillers who aren’t
registrants
Swim pool
products 2
All other
products
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Repackaging Records
EPA registration #
No
Yes
No
No
Yes
d/s in the container
Date of the
No
Yes
No
No
Yes
repackaging
Serial # of the
No
Yes
No
No
Yes
container
(1) “d/s” = distributed or sell. (2) Swim pool products = antimicrobial products used in swimming pools
and closely related sites, that are subject to the pesticide container-related regulations.
Page 10 of 28
Registrants may request waivers from or modifications to the nonrefillable container
standards and to some of the refillable container standards.
There are no forms associated with this record keeping.
4(b)(i)(2). Containment. The following records that must be maintained under
the requirements of the containment regulations:
(a) Records of inspection and maintenance for each containment structure and for each stationary bulk
container and its appurtenances must be kept for 3 years and must include the following information:
(1) name of the person conducting the inspection or maintenance;
(2) date the inspection or maintenance was conducted;
(3) conditions noted;
(4) specific maintenance performed.
(b) Records for any non-stationary dry or liquid bulk container that holds pesticides but is not protected
by a secondary containment unit meeting current regulations must be kept for 3 years. Records on nonstationary bulk containers must include the time period that the container remains at the same location.
(c) Records of the construction date of the containment structure must be kept for as long as the
pesticide containment structure is in use, and for 3 years afterwards.
There are no forms associated with this record keeping.
4(b)(ii). Container Requirements - Respondent Activities for Regulated
Entities.
4(b)(ii)(1). Registrant Activities for Nonrefillable Containers
Respondent
Paperwork Activity
Description
1. Read instructions
Read container regulations in the FR and the associated compliance
manual.
2. Plan activities
- Determine whether your products are subject to the container
requirements, and if so which ones.
- Determine what subset of the DOT regulations your products are subject to.
- Develop plan to comply.
3. Gather information
- Determine if the containers holding your products dispense properly and
have standard closures.
- Develop residue removal data for dilutable pesticides in rigid containers.
- Prepare waiver request (if desired).
4. Create information
- Develop and maintain a recordkeeping system of test data and
documentation for container/formulation combinations.
- Submit waiver request.
5. Store/maintain data
File and maintain copies of all container records for as long as the container
is used and for 3 years afterwards.
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4(b)(ii)(2). Registrant Activities for Refillable Containers
Respondent
Paperwork Activity
Description
1. Read instructions
Read container regulations in the FR and the associated compliance
manual.
2. Plan activities
- Determine what standards your bulk containers must meet.
- Develop plan to comply.
3. Gather information
- Determine if your refillable containers meet the specified DOT regulations.
- Determine if your refillable containers are marked with a serial number and
have a one-way valve or tamper-evident device on each opening.
4. Store/maintain data
No refillable container records are required.
4(b)(ii)(3). Registrant Activities for Repackaging Directly into Refillable
Containers
Respondent
Paperwork Activity
Description
1. Read instructions
Read container regulations in the FR and the associated compliance
manual.
2. Plan activities
- Develop plan to comply.
3. Create information
- Record specified information each time product is repackaged.
- Inspect, clean and relabel containers.
4. Store/maintain data
File and maintain copies of all repackaging records for 3 years (all products
other than swimming pool chemicals).
4(b)(ii)(4). Registrant Activities for Distributing to Refillers
Respondent
Paperwork Activity
Description
1. Read instructions
Read container regulations in the FR and the associated compliance
manual.
2. Plan activities
- Develop plan to comply.
3. Create information
- Develop a recordkeeping system for contracts with refillers.
- Develop residue removal procedures.
- Develop a written list of acceptable containers.
4. Store/maintain data
- Maintain records of contracts with refillers.
- Maintain copies of all contracts and “informational” container records for
current operating year and for 3 years afterwards.
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4(b)(ii)(5). Refiller (non-registrant) Activities for Repackaging
Respondent
Paperwork Activity
Description
1. Read instructions
Read container regulations in the FR and the associated compliance
manual.
2. Plan activities
Determine what repackaging requirements you must comply with and plan
compliance.
3. Gather information
Gather labeling, written residue removal procedures and description of
acceptable containers.
4. Create information
- Develop and maintain a recordkeeping system for contracts with registrants
which allow you to repackage their pesticide for distribution and sale and all
required container information.
- Record specified information each time product is repackaged.
5. Enforce & monitor
Inspect, clean and relabel containers.
6. Store/maintain data
- File and maintain copies of all “informational” container records for the
current operating year and for 3 years afterwards.
- Record and maintain repackaging records for 3 years.
4(b)(ii)(6). Swimming Pool Applicator Activities for Refillable Containers
Respondent
Paperwork Activity
Description
1. Read instructions
Read container regulations in the FR and the associated compliance
manual.
2. Plan activities
Determine what repackaging requirements you must comply with and plan
compliance.
3. Gather information
Gather labeling, written residue removal procedures and description of
acceptable containers.
4. Create information
Develop and maintain a recordkeeping system for contracts with registrants
which allow you to repackage their pesticide for distribution and sale and all
required container information. (No repackaging recordkeeping is required.)
5. Enforce & monitor
Inspect, clean and relabel containers.
6. Store/maintain data
File and maintain copies of “informational” container records for the current
operating year and for 3 years afterwards. (No repackaging recordkeeping is
required.)
4(b)(ii)(7). Respondent Activities for Labeling Requirements
All respondents are required to comply with the labeling requirements, and the
Agency will allow label changes to be submitted by notification.
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4(b)(iii). Containment - Respondent Activities for Regulated Entities
Respondent Paperwork
Activity
Description
1. Read instructions
Read container-containment regulations in the FR and the associated
compliance manual.
2. Plan activities
- Determine whether the facility has stationary bulk containers or
conducts refilling operations.
- Determine whether the facility has non-stationary bulk containers which
are not protected by secondary containment.
- Determine whether the facility is in compliance with the regulations.
3. Gather information
Determine if the state has pesticide containment regulations in force. If
yes, determine whether the state has requested and received
authorization from EPA to implement state regulations in lieu of the EPA
regulations, and whether the facility conforms to state regulations. If there
are no state containment regulations, determine whether the facility
conforms to federal EPA regulations.
4. Create information
- Inspect and maintain each containment structure and each stationary
bulk container and its appurtenances monthly. Record the following
information:
(1) name of the person conducting the inspection or maintenance; (2)
date the inspection or maintenance was conducted; (3) conditions
noted;(4) specific maintenance performed.
- Inspect and maintain each non-stationary bulk container and record the
time period that it remains at the same location in the facility.
5. Store/maintain data
- File and maintain copies of all inspection and maintenance for 3 years.
- File and maintain data on time-in-location for all non-stationary bulk
containers which are not protected by secondary containment for 3 years.
- File and maintain documents proving the construction date of the facility
(to demonstrate whether it is subject to the full standards or qualitative
standards) for as long as the structure is in use and for 3 years
afterwards.
5.
The Information Collected - Agency Activities, Collection Methodology, and
Information Management
5(a)
EPA Activities – Containers.
EPA does not anticipate collecting or calling-in the records retained to comply
with the container regulations. The data maintained by registrants, refillers and
swimming pool applicators will be available for review by EPA or its designee to ensure
compliance with the regulations and in the event that a problem arises with a particular
type of container. However, EPA anticipates that there may be waiver requests from
some or all of the container design and residue removal requirements. In addition,
every product will likely require label amendments, which will be submitted by
notification, to comply with the labeling requirements of the rule.
Page 14 of 28
Agency Activity
Description
1. Receive Notifications,
Waiver Requests and
Inquiries
There are approximately 15,000 pesticide products registered by EPA,
and large numbers of notifications and waiver requests may potentially
be submitted simultaneously. Submissions will have to be screened for
confidentiality and protected accordingly.
2. Plan activities
FEAD will coordinate with the 3 divisions who make registration
decisions: RD, AD and BPPD to respond to waiver requests, as well as
with IRSD data processors. Records of notifications will be maintained
as usual by the registering divisions, and possibly in an additional
database unique to container issues.
3. Create information
EPA will use existing databases to store and track incoming
information. Ultimately, a database accessible to state enforcement
staff will be developed.
4. Complete paperwork
FEAD and registering divisions will coordinate to prepare responses to
waiver requests stating approval/disapproval with comments.
5. Monitor DOT regulatory
actions and publish FRNs
The FEAD disposal team will have to monitor FR Notices issued by
DOT to determine if the DOT regulations referred to in the container
rule have been changed, and if so, must publish an EPA FR notice
informing the regulated community of any changes.
6. Store/maintain data
Store, file, and maintain copies of waiver requests and responses/
authorizations.
5(b). Collection Methodology and Management
EPA expects to receive and review notifications and waiver requests during the
3-year compliance period, and for new products as they are introduced. Since 19 states
already have containment regulations in force, EPA also expects to receive a maximum
of 19 letters with accompanying justification to request authorization to continue
implementing state regulations in lieu of EPA federal regulations. The correspondence
may be submitted in printed or electronic format, including e-mail, according to the
respondent’s preference. As itemized in 5(a), EPA will receive and manage these
notifications, waiver requests and state authorization letters in accordance with its
existing and standard procedures for the receipt and management of information
submitted to it under the pesticide laws.
5(c). Small Entity Flexibility
Small entities are generally subject to the same requirements as large entities.
The information to be recorded is straightforward and can be maintained by facilities in
the manner they see fit, as long as the records are available for review during routine
establishment inspections by the states. The notifications and waiver requests involve
the use of existing forms and processes, which reflect the consideration of small entity
flexibility in their establishment. No new forms are being established for these
regulations.
5(d). Collection Schedule
Not applicable. The activity is conducted only as needed by state inspections, or
upon the determination of the respondent. There is no set schedule for the collection of
this information.
Page 15 of 28
6.
Estimating the Burden and Cost of the Collection – Container Design and
Residue Removal Regulations
6(a). Estimating Regulated Community Burden and Costs
The respondent burden reflected in this ICR is based on the two Economic
Analyses (EAs) that were prepared for the final regulations. For ease in presentation,
the burden and costs for the container design and residue removal requirements are
discussed separately from those related to the containment requirements. After
discussing the burden and costs separately, the burden and cost estimates are totaled
in section 6(d) of this ICR.
6(a)(i). Regulated Community Burden
The burden on the regulated community considered in this analysis is the
administrative burdens associated with the time spent to record and maintain the
necessary records. There is no requirement to submit the records to the Agency. The
burden also includes a review of the regulations and a determination of how the
regulations affect the respondent, which are expected to occur in the first year of
compliance with the regulations, but not expected to occur at this same level every year
after that.
6(a)(i)(1). Container. The ICR estimates all recordkeeping and reporting
burden and costs associated with the regulations. However, the EA determined that
industry is essentially in compliance with at least two of the recordkeeping requirements
under the proposed rule. Therefore, the actual additional cost and burden incurred by
industry as a result of the regulations will probably be less that estimated in the ICR.
The specific requirements with which industry is believed to be in compliance involve
registrant and refiller recordkeeping related to refilling agreements.
The labor rates used in the analysis were developed for the EA and include both
fringe benefits and overhead. Based on the information in the EA, this ICR will use
wage rates for an administrative labor category and a professional labor category. The
current wage rates are $34.95 for the administrative labor category and $104.41 for
professional (technical) labor.
A separate analysis is provided below for each of the three regulated industries
for the pesticide container regulations.
6(a)(i)(1)(a). Container Requirements - Pesticide Registrants. There are four
separate sets of paperwork burden activities for pesticide registrants. Tables 6.1, 6.2,
and 6.3 describe the estimated burden and costs associated with these activities. The
burden is associated with ensuring that new formulations and containers meet the
requirements. As with any change in labeling or registration requirements, a certain
number of waiver requests is to be expected, and processing of waivers is an ongoing
activity. The Agency estimates that if a registrant wishes to submit an application for a
waiver from some of the requirements of the rule, professional labor will be used. The
burden for the application of a waiver is estimated to be the same in each year, which is
likely an overestimate. It is estimated that five percent of pesticide registrants may
Page 16 of 28
apply for a waiver. To simplify the analysis, the burden and costs estimated for the
application of a waiver are applied to the nonrefillable container burden and cost
estimates (registrants can apply for a waiver for a subset of both nonrefillable and
refillable requirements).
It is estimated that each respondent will spend seven hours on the paperwork
activities associated with nonrefillable containers (Table 6.1).1 At a cost of $34.95 per
hour for the administrative labor and $104.41 per hour for the professional labor, the
estimated cost assuming seven hours of time spent on the information collection, per
respondent, is estimated to be $522. The total annual paperwork burden across all
respondents, assuming that 1,8042 registrant facilities will be affected by the
requirement is 5,773 hours (Table 6.1).
Table 6.1 Annual Registrant Burden/Cost Estimates for Nonrefillable Containers
Activity
Burden Hours (per Year)
Administrative
Professional
1. Read instructions
0
0.5
2. Plan activities
0
0.5
3. Gather information
1
2
4. Create information
1
0.5
5. Store/maintain data
1
0.5
Total Hours
Costs ($)
(per Year)
0.5
52
0.5
52
3
244
1.5
87
1.5
87
4
7
Total Burden
3
Values may not add due to rounding
Administrative labor costs $34.95/hour, professional labor costs $104.41/hour.
522
TOTAL ANNUAL BURDEN:
In all years after the first year of compliance: (3 hours per facility X 1,804 facilities) + (4 hours per facility X
(1,804 facilities X 5% of facilities)) = 5,412 hours + 361 hours = 5,773 hours per year
TOTAL ANNUAL COST:
In all years after the first year of compliance: (3 hours per facility X $35.95/hour X 1,804 facilities) + (4
hours per facility X $104.41/hour X (1,804 facilities X 5% of facilities)) = $189,149 + $37,671 = $226,821
1
The amount of time estimated for these activities depends on the size of the facility. For this analysis,
since there are relatively more small pesticide registrants and agricultural pesticide refillers potentially
impacted by the regulations than large registrant and agricultural pesticide refillers, estimates of burden
are based on small facilities - medium-small facility burden estimates are used.
2
Estimate of the number of pesticide registrants estimated to be impacted by the rulemaking. See the
Economic Analysis of the Pesticide Container Design and Residue Removal Standards.
Page 17 of 28
For the paperwork burden activities associated with refillable containers, it is
estimated that 2 hours will be spent per registrant respondent (Table 2). These burden
estimates include both the activities associated with refillable containers and for
registrants distributing to refillers. At a cost of $34.95 per hour for the administrative
labor, the estimated cost after the first year, assuming two hours of time spent on
information collection, per respondent, is estimated to be $70. The total annual
paperwork burden across all respondents, assuming that 1,804 facilities will be affected
by the requirement, is 3,608 hours after the first year (Table 6.2).
Table 6.2 Annual Registrant Burden/Cost Estimates for Refillable Containers and
Distributing to Refillers
Activity
Burden Hours (per Year)
Administrative
Total Hours
Costs (per Year) ($)
($34.95 per hour)
1. Read instructions
0
0
0
2. Plan activities
0
0
0
3. Create information
1
1
35
4. Store/maintain data
1
1
35
Total Burden
May not add due to rounding.
2
2
70
TOTAL ANNUAL BURDEN:
In all years after the first year of compliance: 2 hours per facility X 1,804 facilities =
3,608 hours per year
TOTAL ANNUAL COST:
In all years after the first year of compliance: 2 hours per facility X $34.95/hour X 1,804
facilities = $126,100
It is estimated that one administrative hour, at a cost of $34.95 per hour will be
spent for each registrant for the paperwork activities associated repackaging directly
into refillable containers (Table 6.3). The total annual paperwork burden across all
respondents, assuming that 1,804 facilities will be affected by the requirement, is 1,804
hours after the first year (Table 6.3).
Table 6.3 Annual Registrant Burden/Cost Estimates for Repackaging Directly into
Refillable Containers
Activity
Burden Hours (per Year)
Administrative
Total Hours
Costs (per Year) ($)
($34.95 per hour)
1. Read instructions
0
0
0
2. Plan activities
0
0
0
3. Create information
0.5
0.5
17
4. Store/maintain data
0.5
0.5
17
1
1
35
Total Burden
May not add due to rounding.
Page 18 of 28
ANNUAL BURDEN:
In all years after the first year of compliance: 1 hours per facility X 1,804 facilities =
1,804 hours per year
ANNUAL COST:
In all years after the first year of compliance: 1 hours per facility X $34.95/hour X 1,804
facilities = $63,050
The estimated annual burden per pesticide registrant cost per pesticide registrant
respondent associated with nonrefillable pesticide containers record keeping activities is
7 hours per year. The estimated annual burden per registrant associated with refillable
containers and repackaging is 2 hours per year, and one hour per year, respectively.
Based on an estimated 1,804 pesticide registrant facilities affected by the requirement
per year, the total annual burden is estimated to be 11,185 hours per year. (See Tables
6.1, 6.2 and 6.3)
ANNUAL BURDEN:
In all years after the first year of compliance: 5,773 + 3,608 + 1,804 = 11,185 hours per
year.
The estimated annual cost per pesticide registrant respondent associated with
nonrefillable pesticide containers record keeping activities is $522 per year. The
estimated annual cost per registrant associated with refillable containers and
repackaging is $70 and $35, respectively. Based on an estimated 1,804 pesticide
registrant facilities affected by the requirement per year, the total annual cost is
estimated to be $415,970. (See Tables 6.1, 6.2 and 6.3)
ANNUAL COSTS:
In all years after the first year of compliance: $226,821 + $126,100 + $63,050 =
$415,970.
6(a)(i)(1)(b). Container Requirements - Agricultural Pesticide Refillers. The
paperwork burden activities that affect agricultural pesticide refillers are associated with
the repackaging of agricultural pesticides directly into refillable containers. It is
estimated that seven and one-half hours will be spent per year for the paperwork
activities associated with repackaging agricultural pesticides directly into refillable
containers (Table 6.4). At a cost of $34.95 per hour for the administrative labor, the
estimated cost per respondent is $262 per year. The total annual paperwork burden
across all respondents, assuming that 16,7953 facilities will be affected by the
requirement, is 125,963 hours per year (Table 6.4).
3
Estimate of the number of pesticide refillers estimated to be impacted by the rulemaking. See the
Economic Analysis of the Pesticide Container Design and Residue Removal Standards.
Page 19 of 28
Table 6.4 Annual Agricultural Pesticide Refiller Burden/Cost Estimates for
Repackaging Directly into Refillable Containers
Activity
Burden Hours (per Year)
Administrative
Total Hours
Costs (per Year) ($)
($34.95 per hour)
1. Read instructions
0.5
0.5
17
2. Plan activities
0.5
0.5
17
3. Gather Information
1.0
1.0
35
4. Create information
1.0
1.0
35
5. Enforce and Monitor
4.0
4.0
140
6. Store/maintain data
0.5
0.5
17
Total Burden
May not add due to rounding.
7.5
7.5
262
The estimated annual burden per agricultural pesticide refiller associated with
record keeping activities is seven and one-half hours per year. Based on an estimated
16,795 agricultural pesticide refiller facilities affected by the requirements per year, the
total annual burden is estimated to be 125,963 hours per year. The estimated annual
cost per agricultural pesticide refiller associated with record keeping is $262. Assuming
16,795 agricultural pesticide refillers, the estimated total annual cost is $4,402,389 per
year. (See Table 6.4)
ANNUAL BURDEN:
7.5 hours per facility X 16,795 facilities = 125,963 hours per year
ANNUAL COST:
7.5 hours per facility X $34.95/hour X 16,795 facilities = $4,402,389 per year
6(a)(i)(1)(c). Container Requirements - Swimming Pool Supply Companies.
The paperwork activities that affect swimming pool supply companies are associated
with refillable containers. It is estimated that seven and one half hours will be spent per
year for the paperwork activities associated with refillable containers (Table 6.5). At a
cost of $34.95 per hour for the administrative labor, the estimated cost per respondent
is $262 per year. (Table 6.5) The total annual paperwork burden across all
respondents, assuming that 3224 facilities will be affected by the requirement, is 2,415
hours per year.
4
Estimate of the number of swimming pool supply companies estimated to be impacted by the
rulemaking. See the Economic Analysis of the Pesticide Container Design and Residue Removal
Standards.
Page 20 of 28
Table 6.5 Annual Swimming Pool Supply Company Burden/Cost Estimates for
Repackaging Directly into Refillable Containers
Activity
Burden Hours (per Year)
Administrative
Total Hours
Costs (per Year) ($)
($34.95 per hour)
1. Read instructions
0.5
0.5
17
2. Plan activities
0.5
0.5
17
3. Gather Information
1.0
1.0
35
4. Create information
1.0
1.0
35
5. Enforce and Monitor
4.0
4.0
140
6. Store/maintain data
0.5
0.5
17
Total Burden
May not add due to rounding.
7.5
7.5
262
The estimated annual burden per swimming pool supply facility associated with
record keeping activities is seven and one half hours per year. Based on an estimated
322 swimming pool supply companies affected by the requirements per year, the total
annual burden is estimated to be 2,415 hours per year. The estimated annual cost per
swimming pool supply facility associated with record keeping is $262. Assuming 322
swimming pool supply facilities, the estimated total annual cost per year is $84,364.
ANNUAL BURDEN:
7.5 hours per facility x 322 facilities = 2,415 hours per year
ANNUAL COST:
7.5 hours per facility X $34.95/hour X 322 facilities = $84,364
6(a)(i)(1)(d). Total Respondent Burden and Costs for the Container Design
and Residue Removal Regulations. The bottom line estimates for the container
design and residue removal regulations are intended to represent the total annual
burden and costs estimates over the next three years. Table 6.6 provides the total
estimated annualized burden and costs for respondents, as well as the total estimated
annualized burden and costs for the Agency:
Table 6.6 Annual Bottom Line Hours and Costs for the Container Regulations
Collection Activity
Annual Burden
Hours
Cost
Respondent Burden and Costs – After the First Year of Compliance
Registrants (see 6(ii)(a))
Ag Refillers (see 6(ii)(b))
Swimming Pool Suppliers (see 6(ii)(c))
Total for each year after compliance
11, 185
125,963
2,415
139,563
$415,970
$4,402,389
$84,364
$ 4,902,723
232
$15,062
Annual Agency Burden and Costs
Agency Total (See Table 6.9)
Page 21 of 28
6(a)(i)(2). Containment. An administrative labor category was assigned with an
average rate of $34.95 per hour5 to inspect containment structures and to maintain
records of inspection and maintenance. It is estimated that seven and a half hours will
be spent per year on the activities associated with this requirement.6 The first three
activities are estimated to take an average of three and one half hours per year to
conduct. The last two activities are estimated to account for four hours per year. These
activities will occur monthly. The activity associated with creating the information is
estimated to take an average of 15 minutes per month, or three hours a year; and the
activity associated with storing and maintaining the data is estimated to take an average
of five minutes per month, or one hour per year. At a cost of $34.95 per hour for
administrative labor, the estimated cost per year for seven and one half hours of time
spent on the information collection, per respondent, is $262. The total annual
paperwork burden across all respondents, assuming that 4,6657 facilities will be
affected by the requirement, is 34,987.5 hours per year. (Tables 6.7 and 6.8)
Table 6.7 Annual Regulated Community Burden/Cost Estimates
Activity
1. Read instructions
Burden Hours (per Year)
Administrative
2.0
Total Hours
2.0
Costs (per Year) ($)
($34.95 per hour)
70
0.5
0.5
17
3. Gather information
1
1
35
4. Create information
3
3
105
5. Monitor & enforce
1
1
35
7.5
7.5
262
2. Plan activities
Total Burden
May not add due to rounding
The estimated annual cost per respondent associated with bulk pesticide containment
structures inspection and record keeping is $262 per year (Table 6.7). Based on an
estimated 4,665 facilities affected by the requirement per year, the total annual cost is
estimated to be $1,222,230 per year.
ANNUAL BURDEN
7.5 hours per facility x 4,665 facilities = 34,987.5 hours per year
ANNUAL COSTS
7.5 hours X $34.95/hour X 4,665 facilities = $1,222,230
5
The estimate of the cost of administrative labor presented in the ICR for containment structures is higher
than the cost presented in the Economic Analysis of the Bulk Pesticide Containment Structures, to reflect
the current cost of labor.
6
Seven and a half hours is the longest it will take across all affected facilities. The amount of time for
inspection varies depending on the size of the facility, ranging from an average annual burden of three
hours for a small facility to seven and a half hours for a large facility.
7
Estimate of the number of bulk pesticide containment facilities estimated to be impacted by the
rulemaking. See the Economic Analysis of the Bulk Pesticide Containment Structures.
Page 22 of 28
The bottom line estimates for the containment regulations are intended to
represent the total annual burden and costs estimates over the next three years. Table
6.8 provides the total estimated annualized burden and costs for respondents, as well
as the total estimated annualized burden and costs for States and the Agency:
Table 6.8 Annual Bottom Line Hours and Costs for Containment Structures
Regulations
Collection Activity
Annual Burden
Hours
Cost
Regulated Community Burden and Costs (see 6(a)(i)(2)):
Total for Year 1 (used for ICR totals):
34,987.5
$1,222,230
6(b). Estimating State Agency Cost and Burden
There is no significant burden estimated for state agencies associated with either
the container regulations or containment regulations.
6(c). Estimating EPA Burden and Cost - Containers
EPA does not anticipate collecting or calling-in the records retained to comply
with the container regulations. The data maintained by registrants, refillers and
swimming pool applicators will be available for review by EPA or its designee to ensure
compliance with the regulations and in the event that a problem arises with a particular
type of container. However, EPA anticipates that, as with most registration
requirements and label amendments, there may be waiver requests from some of the
container design and residue removal requirements. Agency labor rates are based on
Office of Personnel Management salary tables for federal employees and include
benefits and overhead costs, as well as locality pay for the Washington, DC-Baltimore
area. For management, the wage rate is $103.46 per hour; for technical workers, the
wage rate is $71.14; for clerical workers, the wage rate is $40.81. Estimates for the
Agency's burden are provided below.
Page 23 of 28
Table 6.9 Annual EPA Burden/Cost Estimates for Container Design and Residue
Removal Regulations
BURDEN HOURS (per year)
COLLECTION ACTIVITIES
COSTS (per
year) ($)
Mgmt.
$104/hr
Tech.
$72/hr
Cler.
$41/hr
Total
Hours
Total Costs
1) Receive notifications, waiver requests
and inquiries
2
90
10
112
7,017
2) Plan activities
5
20
5
30
2,144
3) Create information
0
20
10
30
1,831
4) Complete paperwork
0
30
15
45
2,746
5) Monitor DOT regulatory actions and
publish FRNs
0
10
5
15
915
6) Store/maintain data
0
0
10
10
408
TOTAL BURDEN
7
170
55
232
Mgmt. refers to management; Tech. refers to technical; and Cler. refers to clerical.
15,062
(a) Management - 7 hours X $104 =
$724
(b) Technical - 170 hours x $72
= $12,093
(c) Clerical - 55 hours x $41
= $2,244
TOTAL
$15,062
6(d). Bottom Line Burden Hours and Costs for this ICR – Combined
Container and Containment Regulations
The total combined bottom line burden for both the container design and residue
removal regulations and the containment structure regulations are discussed in this
section. The Agency’s estimates are detailed earlier in section 6, and are briefly
summarized as follows:
• Estimated total number of potential respondents: 23,586. This includes 1,804
registrant facilities + 16,795 agricultural pesticide refillers + 322 swimming pool
supply companies + 4,665 facilities requiring secondary containment.
• Frequency of response: On occasion. There is no regular reporting involved. This
ICR only involves recordkeeping requirements.
• Estimated total average number of responses for each respondent: 1.
• Estimated total respondent annual burden hours: 174,550.5 hours (139,563 +
34,987.5).
• Estimated total respondent annual costs: $ 6,124,953. This includes an estimated
burden cost of $4,902,723 for container regulations and an estimated cost of
$1,222,230 for containment regulations for capital investment or maintenance and
operational costs.
Page 24 of 28
Table 6.10 Annual Bottom Line Hours and Costs / Master Table
Collection Activity
Annual Burden
Hours
Cost
Respondent (Regulated Community) Burden and Costs
Container Design and Residue Removal (After Year 1) (Table
6.6)
Containment Structures (Table 6.8):
Total Respondent Burden and Cost for Container and
Containment Regulations Combined
139,563
$4,409,723
34,987.5
$1,222,230
174,550.5
$6,124,953
Annual Agency Burden and Costs – Container Design and Residue Removal
Container Design and Residue Removal (See Table 6.9)
232
$15,062
Containment Structures (See Subsection 6(e))
Total Agency Burden and Cost for Container and
Containment Regulations Combined
0
$5,030
232
$15,602
6(e). Reasons for Change in Burden for this ICR
The main change in the overall estimated burden for this ICR was to eliminate
the burden on state agencies and EPA associated with determining whether a state’s
regulations for bulk pesticide containment structures offer equivalent environmental
protection to the federal regulations. This is a one-time process and EPA will make the
equivalency determinations in 2009.
When the information collection associated with this ICR was approved in 2006,
the burden hours were adjusted to reflect only the burden associated with initial rule
familiarization and state requests to use their containment regulations in lieu of Federal
regulations – a total of 52,057 hours. These were the only burdens that were imposed
by the pesticide container and containment regulations during the course of that
approval. EPA was instructed to revise the estimates, upon resubmission, to reflect the
burden imposed in 2009 and beyond because of compliance with the requirements. The
burden statement described below reflects the burden associated with complying with
the pesticide container and containment regulations.
6(f).
Burden Statement for this ICR
The total estimated annual respondent paperwork burden to comply with the
information collection activity is 174,550.5 hours. The respondent burden includes
139,563 hours associated with the container design and residue removal regulations
and 34,987.5 hours associated with the containment structure regulations. The
respondent burden hours for container regulations represents an estimated per
respondent burden of 10 hours per Pesticide Registrant, 7.5 hours per Agricultural
Refiller and 7.5 hours per Swimming Pool Supplier. The respondent burden hours for
containment regulations represents an estimated burden of 7.5 hours per respondent.
As defined by the PRA and 5 CFR 1320.3(b), “burden” means the total time,
effort, or financial resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize technology and
Page 25 of 28
systems for the purpose of collecting, validating, and verifying information, processing
and maintaining information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or otherwise disclose the
information.
The OMB control numbers for certain EPA regulations codified in Chapter 40 of
the CFR, after appearing in the preamble of the final rule, are listed in 40 CFR part 9,
displayed either by publication in the Federal Register or by other appropriate means,
such as on the related collection instrument or form, if applicable. For this ICR activity,
in addition to displaying the applicable OMB control number in the final rule, the Agency
has amended the table in 40 CFR § 9.1 to list the OMB control number assigned to this
ICR activity.
The Agency has established a public docket for this ICR under Docket ID No.
EPA-HQ-OPP-2008-0917, which is available for on-line viewing at www.regulations.gov,
or in person viewing at the OPP Regulatory Public Docket in Room S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805. You may submit comments
regarding the Agency's need for this information, the accuracy of the provided burden
estimates and any suggested methods for minimizing respondent burden, including the
use of automated collection techniques.
Comments may be submitted to EPA electronically through
http://www.regulations.gov or by mail addressed to Director, Collection Strategies
Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW,
Washington, D.C. 20460. You can also send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Office for EPA. Include docket ID No. EPAHQ-OPP-2008-0917 and OMB control number 2070-0133 in any correspondence.
Page 26 of 28
List of Attachments for this Supporting Statement
Attachment A
FIFRA Sections 3, 8, 19 and 25
This attachment is available as part of the electronic docket EPA
HQ-OPP-2008-0917 and electronically at
http://www.epa.gov/opp00001/regulating/fifra.pdf.
Attachment B
Pesticide Management and Disposal; Standards for Pesticide
Containers and Containment; Final Rule (August 16, 2006)
This attachment is available as part of the electronic docket EPAHQ-OPP-2008-0917.
Attachment C
Pesticide Management and Disposal; Standards for Pesticide
Containers and Containment [Amendments]; Final Rule
(October 29, 2008)
This attachment is available as part of the electronic docket EPAHQ-OPP-2008-0917.
Attachment D
Display Related to OMB Control #2070-0133 - Listings of
Related Regulations in 40 CFR 9.1.
This attachment is available as part of the electronic docket EPAHQ-OPP-2008-0917.
Attachment E
Economic Analysis of the Bulk Pesticide Container Design and
Residue Removal Standards
This attachment is available as part of the electronic docket EPAHQ-OPP-2008-0917.
Attachment F
Economic Analysis of the Bulk Pesticides Containment
Structures Final Regulation
This attachment is available as part of the electronic docket EPAHQ-OPP-2008-0917.
Attachment G
Work Sheets to Calculate Industry and EPA Labor Costs
This attachment is available as part of the electronic docket EPAHQ-OPP-2008-0917.
Attachment H
Record of Consultations
This attachment is available as part of the electronic docket EPAHQ-OPP-2008-09 7
Page 27 of 28
Attachment D
Display Related to OMB Control #2070-0133 - Listings of
Related Regulations in 40 CFR 9.1
As of May 10, 1993, the OMB approval numbers for EPA regulations in Chapter I
of Title 40 of the Code of Federal Regulations (CFR) appear in a listing in 40 CFR 9.1
(58 FR 27472). This listing fulfills the display requirements in section 3507(f) of the
Paperwork Reduction Act (PRA) for EPA regulations. The listing at 40 CFR 9.1 displays
this OMB Control number for the following regulation:
§ 9.1 OMB approvals under the Paperwork Reduction Act.
40 CFR citation
OMB Control No.
Pesticide Management and Disposal
Part 165
2070-0133
This captures all of the information collection requirements in Part 165 which includes
the following provisions: 165.27, 165.65, 165.67, 165.70, 165.95, and 165.97.
Page 28 of 28
| File Type | application/pdf |
| File Title | Microsoft Word - 1632ss03 revised-2009-11-17.doc |
| Author | Mchun |
| File Modified | 2009-11-17 |
| File Created | 2009-11-17 |