Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments (Renewal)

Forms and Documents

Document Name	Status
Form 3540-16 Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) Form	Modified
Form 3540-8 Application for Registration of Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-8) Form	Modified
7USC136g.pdf Supplementary Document	2023-09-26
0160ss13.docx Supporting Statement A	2023-09-26
40CFR167.pdf Supplementary Document	2023-09-26

IC Document Collections

IC ID	Document Title	Status
24932	Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) Form	Modified
186641	Application for Registration of Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-8) Form	Modified

ICR Details

OMB Control No: 2070-0078	ICR Reference No: 202309-2070-002
Status: Received in OIRA	Previous ICR Reference No: 201911-2070-004
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 0160.13
Title: Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/27/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2023
Responses	22,310	15,878
Time Burden (Hours)	33,220	27,136
Cost Burden (Dollars)	0	0

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Abstract: FIFRA Section 7(a) requires that any person who produces pesticides or pesticide devices subject to the Act must register with the Administrator of EPA the establishment in which the pesticide or the device is produced. EPA Form 3540-8, Application for Registration of Pesticide-Producing and Device-Producing Establishments, is used to collect the establishment registration information required by this Section. FIFRA Section 7(c) requires that any producer operating an establishment registered under Section 7 report to the Administrator within 30 days after it is registered, and annually thereafter by March 1st for certain pesticide/device production and sales/distribution information. The producers must report which types and amounts of pesticides, active ingredients, or devices are currently being produced, were produced during the past year, and sold or distributed in the past year. EPA Form 3540-16, Pesticide Report for Pesticide-Producing and Device-Producing Establishments, is used to collect the pesticide production information required by Section 7(c) of FIFRA. Establishment registration information, collected on EPA Form 3540-8, is a one-time requirement for all pesticide-producing and device-producing establishments. Pesticide and device production information, reported on EPA Form 3540-16, is required to be submitted within 30 days after the company is notified of their pesticide-producing or device-producing establishment number, and annually thereafter on or before March 1st. Pesticide-producing and device-producing establishments optionally can electronically enter and submit their establishment registration information and pesticide production information through EPAs Central Data Exchange (CDX).

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Authorizing Statute(s): US Code: 7 USC 136 Name of Law: Federal Insecticide, Fungicide and Rodenticide Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 9516	02/14/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 66445	09/27/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Application for Registration of Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-8)	3540-8	Application for Registration of Pesticide-Producing and Device-Producing Establishment
Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16)	3540-16	Pesticide Reports for Pesticide-Producing and Device-Producing Establishments

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	22,310	15,878	0	0	6,432	0
Annual Time Burden (Hours)	33,220	27,136	0	0	6,084	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an increase of 6,084.43 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase is a result of the covid-19 pandemic causing a 109.1 percent increase in the average number of new establishments (815 in 2019 to 1703 in 2023) and a 32.67% increase in the total number of establishments (14,248 in 2019 to 18,904 in 2023). Additional increases are due to changes in the salary tables used in the calculations. There have only been minor changes in the time used to calculate each individual activity.

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Annual Cost to Federal Government: $1,217,679

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/27/2023

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