December 22, 2009

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SUPPORTING STATEMENT FOR AN

INFORMATION COLLECTION REQUEST (ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection: 

Pesticide Registration Fee Waivers

OMB Control No.: 2070-0167 EPA ICR No.: 2147.04

1(b) Short Characterization/Abstract

This Information Collection Request (ICR) is a proposed renewal of an existing ICR that 

is currently approved by OMB and is due to expire October 31, 2010. This information 

collection allows the Environmental Protection Agency (EPA) to process requests for waivers 

and exemptions of fees under the Pesticide Registration Improvement Renewal Act of 2007

(PRIA 2) which established Section 33 of the Federal Insecticide, Fungicide and Rodenticide Act 

(FIFRA). The ICR covers the collection activities associated with requesting a fee waiver or 

exemption and involves requesters submitting a waiver or exemption request, information to 

demonstrate eligibility for the waiver or exemption, and certification of eligibility. Waivers are 

available for small businesses and minor uses and exemptions are available for minor uses and 

actions solely associated with the Inter-Regional Research Project Number 4 (IR-4). State and 

federal agencies are exempt from the payment of fees. This ICR provides burden hour and labor 

cost estimates for both applicants for fee waivers and EPA employees who process and approve 

or deny waiver requests.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

Under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), EPA must 

evaluate pesticides thoroughly, before they can be marketed and used in the United States, to 

ensure that they will not pose unreasonable adverse effects to human health and the environment. 

Pesticides that meet this test are granted a license or "registration" which permits their 

distribution, sale and use according to requirements set by EPA to protect human health and the 

environment. 

The PRIA amended FIFRA to provide for the collection of fees in order to enhance the 

review of covered pesticide products (see Attachment A and Attachment F for information on the 

PRIA fee schedule). Fees collected under this program will help to reduce time frames for 

registration decisions; provide greater predictability and more accountability for those decisions; 

ensure that Food Quality Protection Act (FQPA) deadlines are met; and result in more 

predictable and augmented funding for the pesticide program. The program provides stability in 

funding for EPA’s Office of Pesticide Programs (OPP) over five years, October 1, 2007 to 

September 30, 2012. The program’s fee schedule under PRIA 2 will be phased out beginning on 

October 1, 2012, and ending on September 30, 2014. As indicated above, the PRIA also 
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established provisions that allow these fees to be exempted entirely.
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A registration applicant may seek a waiver as a small business, defined by the PRIA as a 

business with fewer than 500 employees and on average, annual global gross revenue from 

pesticides of no more than $60 million over the most recent three-year maintenance fee billing 

cycle. For a business entity with one or more affiliates, the gross revenue limit includes total 

global revenues from pesticides for the entity and all of its affiliates, including parent and

subsidiary entities. 

A registration applicant qualifying as a small business under the PRIA will be entitled to 

a waiver of fifty percent (50%) of its fees. In addition, 75% of a fee will be waived for small 

businesses with, on average, annual gross global revenues from pesticides over the most recent 

three-year maintenance fee billing cycle, including affiliates, of no more than $10 million. Small 

business applicants requesting waivers must provide EPA with appropriate documentation 

demonstrating that they meet these criteria.

A registration applicant may also request a minor use waiver or fee reduction if the 

applicant can demonstrate that anticipated revenues from the uses described in the registration 

application would be insufficient to justify the imposition of the full application fee. The 

Agency may grant a full exemption or a partial reduction in the fee based upon its consideration 

of the supporting documentation provided. 

In addition, the statute states that the Agency shall exemption the registration service fee 

for an application if the Administrator determines that two criteria are met: that the application 

is solely associated with IR-4 tolerance petition and that the exemption is in the public interest. 

The Agency anticipates that most applications submitted by the IR-4 program would qualify for 

the exemption. Finally, the statute exempts agencies of the Federal Government or a State from 

fees.

The program is expected to generate in excess of $10 million in new registration service 

fees annually over five years and allows applicants for pesticide registrations submitted prior to 

March 23, 2004 to pay a portion of the fee voluntarily. 

2(b) Practical Utility/Users of the Data

EPA is the sole intended user of the information collected. This collection of information 

is critical for the proper performance of Agency functions because the information collected will 

allow EPA to properly review a request for a waiver or exemption of fees under the PRIA 

without delay. The actual usefulness of the information to the Agency is that the information 

collected will be used to determine if the applicant qualifies for a fee waiver or fee reduction or 

exemption. Statutorily, in instances where the applicant requests a fee waiver or fee reduction or 

exemption, the decision review time period does not begin until either the Agency grants the 

waiver or exemption or until the registrant has paid the appropriate registration service fee (or, in 

the case of a partial waiver or fee reduction, the balance of the appropriate registration service 

fee). Processing of the application, therefore, will be delayed until the Agency can render a 

decision on the fee waiver or fee reduction or exemption request. With the submission of this 

data by the registrant, the Agency will be able to meet its statutory obligation to grant or deny a

waiver request within 60 days and, potentially, earlier than the maximum 60 day period.
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3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Non duplication

No other federal agency or EPA program is collecting fees for the processing of 

applications for pesticide registration or, therefore, information for the waiver or exemption of 

such fees. As such, this information collection activity does not duplicate any other collection of 

information by the federal government.

3(b) Public Notice Required Prior to ICR Submission to OMB

Pursuant to 5 CFR 1320.8(d), EPA will publish a Federal Register (FR) Notice 

announcing this proposed information collection activity and provide a 60-day public comment 

period. 

3(c) Consultations

Prior to passage, the PRIA had been developed over a multi-year period based upon input 

from the pesticide industry, industry trade associations, public interest groups, and the Agency. 

The legislation to reauthorize the Pesticide Registration Improvement Act (PRIA) that was 

introduced into Congress known as PRIA 2 was based upon the past experience in implementing 

PRIA and a consensus reached by stakeholders, informed by technical information provided by

the Agency. These stakeholders included CropLife America, the Consumer Specialty Products 

Association, the Chemical Producers and Distributors Association, the American Chemistry 

Council, the Natural Resources Defense Council, and Consumers Union, among other parties.

Consultation and/or dialogue between respondents and the Agency on the PRIA waivers 

and exemptions process, content, definitions, format, and timing is frequent and on-going. In 

addition to phone conversations, e-mails, and letters, Agency personnel participate in meetings 

with individual registrants as well as gatherings of large groups of registrants from time to time. 

These communications permit an exchange of issues, problems, and solutions on many issues. 

On March 1, 2009, the Agency published the fifth annual report providing an update on 

“Implementing the Pesticide Registration Improvement Act -- Fiscal Year 2008.” The report, 

available at

http://www.epa.gov/pesticides/fees/2008annual_report/pria_annual_report_2008.html

 (see also Attachment B), discusses in detail the processes that have been streamlined and the 

stakeholder involvement during FY 2008, the first year of PRIA 2. 

During the preparation of this ICR renewal, EPA staff contacted the following 

representatives of pesticide registrants by phone or e-mail and asked them for their assessment of 

the burden estimates in the ICR:

Liz Bauer, Walter G. Legge Company, Inc., 800-345-3443, liz@leggesystems.com

Terry Pizzarello, Falcon Lab LLC, 917-886-4687, tjpizza@optonline.net
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Elizabeth Tannehill, Mason Chemical Company, 800-362-1855, liz@maquat.com

Sherry Hutcheson, Phoenix Environmental Care LLC, 229-245-8856, 

sherry.hutcheson@phoenixenvcare.com

William Stoneman, W.F. Stoneman Company, LLC on behalf of Canada Inc., 608-268-

7040, billstoneman@charter.net

All five of the above respondent representatives provided feedback to a questionnaire 

about the collection process and the burden and labor rate estimates used by EPA (see 

Attachments C – C.4). As is the case with pesticide registrant companies, the above respondents 

vary widely in company size and structure. This variability among companies included in this 

consultation resulted in variable responses. Four out of the five agreed with the labor rates for 

management with one respondent a family member of a family owned company. Four out of the 

five respondents reported that the fee waiver requests were prepared by management and only 

one responded that technical and clerical staff was involved in preparing a request. This later 

respondent did agree with the Agency labor rate estimates for all labor categories. Overall, it 

appears that the labor rate estimates used by EPA are reasonable, and these consultations did not 

provide sufficient basis to amend them.

With respect to respondent burden, if management developed the requests, the Agency

estimate was higher than that reported. Managers reported spending an average of three hours 

preparing a request. Whether managers commonly prepare fee waiver requests can not be 

estimated from this small sample. The one company that reported having managers, technical 

staff and clerical staff involved in the preparation of a request reported that the burden was close

to the Agency’s estimate. Consequently, the Agency did not revise its estimates.

3(d) Effects of Less Frequent Collection

 

There is no set collection schedule, per se. Rather, the registration service fee is collected 

each time a registrant submits a registration application. The applicant must either pay a fee or 

request and be granted a waiver or exemption for each registration application submitted. 

Therefore, the frequency of collection depends entirely on the frequency with which an applicant 

submits registration applications for which they are eligible for a fee waiver or exemption. EPA 

cannot grant a waiver or exemption when one has not been requested and documented. 

Therefore, less frequent collection is not an option.

3(e) General Guidelines

This collection activity complies with the guidelines for information collections under the 

Paperwork Reduction Act (PRA). There is no record keeping requirement for information 

submitted under this information collection.

A registration applicant eligible for a fee waiver or exemption must submit their signed 

request for the waiver, certification of eligibility, and required documentation demonstrating 

eligibility. The industry has developed a form for the small business fee waiver request. Many 

requesters use this form, although the Agency does not require it. Most waivers are granted 

based on the small business status of the applicant, and Confidential Business Information is 

included in their submission (e.g., gross global revenues, business structures and employment 
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levels). Although EPA would accept waiver requests sent in Adobe PDF format on CD-ROM, 

the Agency’s expectation based on experience is that the majority of registrants want to send 

their requests in writing with ink signatures. In the future, if it appears that electronic submission 

of waiver requests by e-mail is beneficial and feasible for respondents and EPA, we will seek to 

facilitate such submissions.

3(f) Confidentiality

The information requested to document fee waiver or exemption requests may contain 

confidential business information (CBI). However, data and/or information submitted to the 

Agency in conjunction with service fee waiver or exemption requests may be claimed as trade 

secret or commercial or financial information and will be protected from disclosure under FIFRA 

section 10 and the associated regulation as contained in 40 CFR Part 2, Subpart B. Information 

claimed as CBI is protected from public disclosure unless the Administrator determines that 

disclosure is in the public interest. OPP routinely handles CBI data, and personnel are familiar 

with security procedures in accordance with provisions of the FIFRA Confidential Business 

Security Manual to ensure confidentiality. If any information is submitted that applicants claim 

as confidential, the Agency will employ the established procedures for handling such material.

3(g) Sensitive Questions

No information of a sensitive or private nature is requested in conjunction with this 

collection activity. Further, this information collection activity complies with the provisions of 

the Privacy Act of 1974 and OMB circular A-108.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

The North American Industrial Classification System (NAICS) codes assigned to the 

parties responding to this information collection are as follows:

NAICS Code Category Description

32532 Pesticide and other agricultural 

chemical manufacturing

individuals or entities engaged in activities 

related to the registration of a pesticide 

product

32518 Other Basic Inorganic 

Chemical Manufacturing

manufacturers of inorganic chemicals used 

as inert ingredients in pesticide products

32519 Other Basic Organic Chemical 

Manufacturing

manufacturers of organic chemicals used as 

inert ingredients in pesticide products.
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4(b) Information Requested

4(b)(i) Data items, including record keeping requirements

A registration applicant who seeks a small business waiver must submit a waiver request 

with appropriate documentation demonstrating that he meets the criteria established in the PRIA, 

i.e., that he has fewer than 500 employees and has no more than $60 million in annual global 

gross revenue from pesticides, averaged over the most recent three maintenance fee billing 

cycles, including any such revenue from affiliates. For this purpose, the applicant may be 

required to submit documentation regarding numbers of employees and, on behalf of itself and 

its affiliates, gross revenue figures, and information on revenue from pesticides over a three-year 

period.

A registration applicant who seeks a minor use waiver or exemption must provide 

supporting documentation that anticipated revenues from the uses that are the subject of the 

application would be insufficient to justify imposition of the full registration fee. 

A registration applicant seeking an IR-4 exemption must merely request the waiver on 

Form 8570-1 (Application for Pesticide Registration, approved under OMB Control #2070-

0060) and submit the application at the same time that the IR-4 tolerance petition is submitted. 

The Agency will, in turn, determine whether the application is solely associated with a tolerance 

petition submitted by IR-4 and that the waiver is in the public interest (see Attachment E).

Although there is no record keeping requirement, PRIA provides that an application shall 

be subject to a registration service fee if, at any time, EPA determines that (i) the documentation 

supporting the waiver request is not accurate or (ii) based on the documentation or any other 

information, the waiver or reduction should not have been granted. Therefore, it is anticipated 

that applicants will retain copies of their submissions as well as documents demonstrating that 

the applicant is eligible for the waiver or reduction. 

There are currently no EPA forms associated with this information collection activity. 

However, an industry workgroup comprised of representatives of registrant companies and trade 

associations designed a form for assisting pesticide registrants when they submit small business 

waiver requests under PRIA. The form is available electronically through the Consumer 

Specialty Products Association’s web site

(http://www.cspa.org/public/news/fees_document.pdf). EPA does not sponsor this form and its 

use is strictly voluntary. The Agency will accept information that is submitted via the industry

form as well as any other format that meets the requirements of the statute.

4(b)(ii) Respondent Activities

Guidance on the content and submission of fee waiver requests is available on EPA’s 

website at http://www.epa.gov/pesticides/fees/questions/waivers.htm (also, see Attachment D). 

If a registration applicant wishes to request a fee waiver or exemption, at a minimum, it must 

undertake the following activities:

 · Generate and submit the necessary materials to support the request.
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 · Indicate that a waiver or exemption is requested and that the appropriate documentation 

supporting the request is enclosed or has been otherwise submitted to the Agency.

5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

The Agency is expected to engage in the following activities:

 Review and evaluate fee waiver requests. Notify applicant of decision.

 Verify payments. Cross check payment information from Financial 

Management Division.

 Store the data. Image all forms, listings, telephone conversations, etc., 

for archiving.

5(b) Collection Methodology and Management

Fee payments are sent to the Financial Management Division in St. Louis, MO and

entered in to the Agency's Integrated Financial Management System (IFMS). Payment 

information is extracted from IFMS and loaded into OPP's tracking system (OPPIN). Payment is 

due at time of application. If additional payment is required, invoices are generated and sent 

both electronically and in paper. All payments and invoices are generated electronically and 

tracked in OPPIN. Incoming letters, fee waiver and exemption applications, mail receipts, 

petitions, and other types of correspondence from registrants will be retained in hard copy for a 

period of time and then imaged for long term electronic storage. 

Procedures for evaluating fee waiver and exemption requests will not change. 

Information and materials submitted to justify a fee waiver are screened for completeness by the 

receiving division. Economic data are sent to OPP’s Biological and Economic Analysis Division 

for analysis. The Agency will keep applicants informed of the status of the waiver application 

throughout the process by telephone and by mail.

5(c) Small Entity Flexibility

Small businesses may request a waiver of the registration service fee. A waiver applicant 

must demonstrate that it meets the criteria as outlined in the PRIA. The information that needs to 

be compiled in order to make this determination is information that companies routinely collect 

and maintain in the normal course of business.

5(d) Collection Schedule

There is no set collection schedule, per se. Rather, the registration service fee is collected each 

time a registrant submits a registration application. The applicant must either pay a fee or 

request and be granted a waiver or exemption for each registration application submitted if the 

application is within the scope of one of the 140 fee categories.
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6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden

In calculating the potential respondent burden, the Agency estimated 310 responses per

year for requesting fee waivers or reductions or exemptions, based on the numbers of fee waiver

or exemption applications during the maintenance fee cycle for the year of 2008. 

IR-4 waiver requests are not accounted for in this burden estimation. To be eligible for 

the IR-4 exemption under PRIA 2, the application must be solely associated with a tolerance 

petition submitted by the IR-4 program and the exemption must be in the public interest. To 

facilitate this request, the applicant may simply include the statement "This application is being 

submitted with a tolerance petition submitted in connection with IR-4. I request EPA to 

exemption the registration service fee for this application under the IR-4 waiver provisions of 

FIFRA Section 33(b)(7)(E)." on Form 8570-1 (Application for Pesticide Registration). Burden 

hours associated with completing this form are already covered by the ICR entitled “Application 

for New or Amended Registration” approved under OMB Control Number 2070-0060. EPA is 

not requiring that registrants submit additional information. The Agency will determine whether 

the application is solely associated with a tolerance petition submitted by IR-4 and whether the 

exemption is in the public interest.

Minor use waiver or exemption requests are not considered in estimating respondent 

burden because since March 23, 2004, only thirteen requests have been received out of several 

thousand applications.

There are three types of small business waiver applications. The first type, Type A, is a 

first-time applicant requesting fee waiver or reduction. The second type, Type B, is an 

application requesting another fee waiver or reduction within the same maintenance fee billing 

cycle. The third type, Type C, is from an applicant who has applied for a fee waiver in a prior 

maintenance fee billing cycle but not in the current cycle. EPA assumes that the respondent 

burden and cost for the Type B application is the lowest because Type B applicants will only

need to certify that there have been no changes to the information previously submitted or, in the 

alternative, only provide documentation with respect to those elements that have changed. Type 

C applications, on the other hand, will need to submit all the documentation supporting the 

waiver request, providing updated financial and employee information. EPA assumes, however, 

that the cost and burden on most Type C applicants will be less than first time applicants because 

applicants will already be familiar with the waiver requirements and, in many cases, should have 

a portion of the supporting financial and business affiliation documentation is readily available. 

The cost and burden on the Type A applicants will be the same as those for the first-year 

applicants. EPA assumes that every new applicant seeking a waiver of the registration service 

fee will want to familiarize him/herself with the criteria from the outset, thus this burden is 

considered a one-time burden that will occur the first time the applicant submits a registration 

application under the PRIA. 

Based on the number of waiver requests EPA actually received during the first full year 

of PRIA 2, the maintenance billing cycle for 2008, EPA estimates that 1800 requests for 

registration actions will be received per year, of which 293 will request fee waivers or 
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reductions. Of the 293 responses EPA estimates that 11% (31 out of 293) will be the first-time 

applicants (Type A), 59% (174 out of 293) will be the Type B applications, and 30% (88 out of 

293) will be Type C applications each year, EPA estimates of respondent burden hours per 

response, for each of the three response types, were corroborated by representative respondents 

in consultations (see section 3(c) of this supporting statement) and have not been revised for this 

ICR renewal. The burden per response, number of responses, and total burden for each of the 

three response types are presented in Tables 1, 2, 3, and 5, below.

6(b) Estimating Respondent Costs

Consistent with recent ICR renewals, OPP is using labor cost estimates from Agency

economists with respect to wages, benefits and overhead for all labor categories for affected 

industries, state government, and EPA employees. This approach uses a transparent and

consistent methodology and current publicly-available data to provide more accurate estimates 

and allow easy replication of the estimates.

Methodology: The methodology uses data on each sector and labor type for an Unloaded 

wage rate (hourly wage rate), and calculates the Loaded wage rate (unloaded wage rate + 

benefits), and the Fully loaded wage rate (loaded wage rate + overhead). Fully loaded wage 

rates are used to calculate the Agency’s staffing costs. 

Unloaded Wage Rate: Wages are estimated for labor types (management, technical, and 

clerical) within applicable sectors. The Agency uses average wage data for the relevant sectors 

available in the National Industry-Specific Occupational Employment and Wage Estimates from 

the Bureau of Labor Statistics (BLS) at http://www.bls.gov/oes/current/oes_nat.htm. 

Sectors: The specific North American Industry Classification System (NAICS) code and 

website for each sector is included in that sector’s wage rate table. Within each sector, the wage 

data are provided by Standard Occupational Classification (SOC). The SOC system is used by

Federal statistical agencies to classify workers into occupational categories for the purpose of 

collecting, calculating, or disseminating data (see http://www.bls.gov/oes/current/oes_stru.htm ).

Loaded Wage Rate: Unless stated otherwise, all benefits represent 43% of unloaded wage 

rates, based on benefits for all civilian non-farm workers, from 

http://www.bls.gov/news.release/ecec.t01.htm. However, if other sectors are listed for which 

43% is not applicable; the applicable percentage will be stated.

Fully Loaded Wage Rate: We multiply the loaded wage rate by 50% (EPA guidelines 20-

70%) to get overhead costs.

Attachments G – G.1 contain worksheets providing the breakout of these costs. Costs are 

indexed to 2008 data. 

To derive the labor rates for this ICR, Agency economists estimated the wages for the 

management, technical, and clerical labor categories using the methodology cited above. The 

respondent costs for this renewal for managerial, technical and clerical rates are estimated at 
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$109.82, $60.39, and $35.89 per hour, respectively. These labor rates are fully loaded and 

include benefits and overhead costs.

EPA expects that applicants will incur minor expenses that are not directly related to 

paperwork activities, such as the costs of producing photocopies and postage costs. EPA 

estimates that these costs will average about $10 per applicant and has factored these costs into 

the estimated total cost figures. Annual respondent burden and costs could vary with such factors 

as business structure of waiver applicants and types of information submitted. Therefore, the 

actual respondent burden and costs to a respondent could be higher or lower than the estimated 

respondent burden and costs reflected in tables 1, 2, and 3.

1

Table 1: Annual Respondent Burden and Cost Estimates (Type A)

COLLECTION ACTIVITY Burden Hours (per year) Total

Management 

$109.82/hr

Technical 

$60.39/hr

Clerical 

$35.89/hr Hours Costs ($)

Read regulation and plan 

activities

7 0 0 7

769

Generate materials for waiver 

request for submission to EPA

0 24 0 24 1,449

Store/maintain/submit and 

produce information

0 0 6 6

215

Totals 7 24 6 37 2,433

PAPERWORK BURDEN AND COST: 

37 hours/response x 31 responses = 1,147 total hours

$2,43/response x 31 responses = $75,435

NON-PAPERWORK COSTS:

$10 (postage and paper copies) x 31 responses = $310

TOTAL ANNUAL RESPONDENT COST (TYPE A): 

$75,435 (paperwork) + $310 (non-paperwork) = $75,745

 

1 All table totals have been rounded to the nearest dollar or hour after all computations were made; in 2006 dollars.
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Table 2: Annual Respondent Burden and Cost Estimates (Type B)

COLLECTION ACTIVITY Burden Hours (per year) Total

Management 

$109.82/hr

Technical 

$60.39/hr

Clerical 

$35.89/hr Hours Costs ($)

Read regulation and plan 

activities

2 0 0 2

220

Generate materials for waiver 

request for submission to EPA

0 4 0 4

242

Store/maintain/submit and 

produce information

0 0 6 6

215

Totals 2 4 6 12 677

PAPERWORK BURDEN AND COST: 

12 hours/response x 174 responses = 2,088 total hours

$659/response x 174 responses = $117,716

NON-PAPERWORK COSTS:

$10 (postage and paper copies) x 174 responses = $1,740

TOTAL ANNUAL RESPONDENT COST (TYPE B): 

$117,716 (paperwork) + $1,740 (non-paperwork) = $119,456

Table 3: Annual Respondent Burden and Cost Estimates (Type C)

COLLECTION ACTIVITY Burden Hours (per year) Total

Management 

$109.82/hr

Technical 

$60.39/hr

Clerical 

$35.89/hr Hours Costs ($)

Read regulation and plan 

activities

2 0 0 2

220

Generate materials for waiver 

request for submission to EPA

0 19 0 19 1,147

Store/maintain/submit and 

produce information

0 0 6 6

215

Totals 2 19 6 27 1,582

PAPERWORK BURDEN AND COST: 

27 hours/response x 88 responses = 2,376 total hours

$1631/response x 88 responses = $139,247

NON-PAPERWORK COSTS:

$10 (postage and paper copies) x 88 responses = $880
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TOTAL ANNUAL RESPONDENT COST (TYPE C): 

$139,247 (paperwork) + $80 (non-paperwork) = $140,127

6(c) Estimating Agency Burden and Cost

The Agency’s burden consists of reviewing, evaluating, and notifying applicants of the 

Agency’s decision to grant or deny fee waiver requests; entering data into tracking systems; 

verifying fee payment; and storing/maintaining this information. Table 4 estimates EPA’s 

burden for performing these activities.2 Agency labor costs for this renewal for managerial, 

technical and clerical rates are estimated at $107.56, $71.58, and $41.21 per hour, respectively. 

These labor rates are fully loaded and include benefits and overhead costs.

Table 4: Annual Agency Burden and Cost Estimates 

COLLECTION ACTIVITY Burden Hours (per year) Total

Management

.$107.56/hr

Technical

$71.58/hr

Clerical

$41.21/hr

Hours Costs ($)

Review submitted waiver 

request and notify requestor 

of decision

1 20 2 23 1,622

Enter data into tracking 

systems

0 0 0.5 0.5 21

Verify payment 0 0 0.5 0.5 21

Store/maintain/submit 

information

0 0 1 1

41

Totals 1 20 4 25 1,704

ANNUAL BURDEN: 25 hours/response x 293 responses = 7,032 Hours

ANNUAL COSTS: $1610/response x 293 responses = $499,290

 

2 All table totals have been rounded to the nearest dollar or hour after all computations were made; in 2008 dollars.
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6(d) Bottom Line Burden Hour and Cost Tables

Table 5: Total Annual Burden and Cost Estimates

TOTAL ESTIMATES

Hours Costs

Applicant -Annual

(Type A + Type B + Type C)

5,611 335,328

 Type A 1,147 75,745

 Type B

2,088 119,456

 Type C 2,376 140,127

Agency - Annual 7,032 $499,290

6(e) Reasons For Changes In Burden

The total estimated annual respondent burden for this ICR has decreased by 2,757 hours, 

from 8,368 hours in the existing ICR, to 5,611 hours for this renewal. The average estimated 

burden per response for each of the three types of applications has not changed: 37 hours for 

Type A, 12 hours for Type B, and 27 hours for Type C. These estimates of burden per response 

were corroborated by consultations with respondents (see section 3(c) of this supporting 

statement). However, the total number of responses per year decreased from 389 to 293, and the 

percentage of the total received for each type changed significantly. Both the total number of 

waiver requests received, and the number (or percentage) of each of the three types of responses, 

were based on EPA estimates in the current ICR, as the program was still very new and a year’s 

worth of observations were not available. However in this renewal request, the annual number 

and distribution of responses among the three types are based on actual responses received. The 

major shift in the distribution of responses to the least-burdensome type (Type B), resulted in the 

lower total estimated burden. 

6(f) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to average 37, 12, and 27 hours per response, for the three different types of 

applications. According to the PRIA, “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. For this collection it includes the time needed to read the new 

regulation, review instructions, plan activities, assemble pertinent materials, and transmit or 

otherwise disclose the information. An agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information that is subject to the PRIA unless the Agency

displays a currently valid OMB control number. The OMB control numbers for EPA's 

regulations in title 40 of the CFR, after initial display in the final rule, are listed in 40 CFR part 

9. Since the collection activities in this ICR are contained in the PRIA and not a current 
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regulation, the OMB control number for this collection activity appears in this ICR.

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQOPP-2009-0885, which is available for online viewing at www.regulations.gov, or in person 

viewing at the OPP Regulatory Public Docket in Rm. 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. 

Submit your comments, referencing Docket ID No. EPA-HQ-OPP-2009-0885 to (1) EPA 

online using www.regulations.gov (our preferred method), or by mail to: Public Information and 

Records Integrity Branch (PIRIB), Mail Code: 7502P, Office of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, and 

(2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and 

Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.

Include docket ID No. EPA-HQ-OPP-2009-0885 and OMB control number 2070-0167 in any 

correspondence but do not submit fee waiver requests to these addresses.
Page 16 of 26

ATTACHMENTS TO THE SUPPORTING STATEMENT

All of the attachments listed below can be either found in the docket for this ICR, or a 

link to the source is provided (unless otherwise noted); accessible electronically through 

www.Regulations.gov . On the main page, select Advanced Search from the menu bar at the 

top and select Docket Search. Enter the Docket ID Number, EPA-HQ-OPP-2009-0885 in the 

Docket ID field. Click on the Submit button. From the results page, you will be able to link to 

the docket view or directly open select documents found in the docket.

Attachment A Pesticide Registration Improvement Renewal Act of 2007 – Available 

electronically at http://www.epa.gov/pesticides/regulating/fees/index.htm

Attachment B Implementing the Pesticide Registration Improvement Act – Fiscal 

Year 2008. Available electronically at 

http://www.epa.gov/pesticides/fees/2008annual_report/pria_annual_report_

2008.html

Attachment C Record of Consultations Between the U.S. Environmental Protection 

Agency and Respondents to the Information Collection Request: 

“Pesticide Registration Fee Waivers” is attached below.

Attachment D Guidance on How to Request Small Business Fee Waivers. Available 

electronically at http://www.epa.gov/pesticides/fees/questions/waivers.htm

Attachment E Guidance on IR-4 Exemptions. Available electronically at 

http://www.epa.gov/pesticides/fees/questions/guidance_ir-4.htm

Attachment F PRIA 2 fees. Available electronically at 

http://www.epa.gov/pesticides/regulating/fees/tool/category-table.html

and the Federal Register announcement of the current fee schedule is 

available on http://www.epa.gov/fedrgstr/EPA-PEST/2008/August/Day05/p17936.htm

Attachment G Worksheet for Estimating OPP ICR Wage Rates for Industry, State 

and EPA Labor is attached below.

.

 
Page 17 of 26

Attachment C 

Consultations conducted for the renewal of the Pesticide Registration Fee Waivers; OMB 

Control No.: 2070-0167 EPA ICR No.: 2147.04

Company Name: Walter G. Legge Company, Inc.

Name of person consulted: Liz Bauer

Date: 12/10/09

Q: When preparing your waiver request did you consult the Questions and Answers on the 

EPA website (http://www.epa.gov/pesticides/fees/questions/waivers.htm)?

A: Yes

Q: If yes, did you find it helpful and informative?

A: Not necessary. Hard to find it on the web and, once found it was hard to understand and was 

redundant.

Q: What improvements or clarifications would you like to see?

A: Link directly to small businesses on the pesticides web site. Reduce the number of steps to 

complete a small business waiver request and provide a direct link to pay.gov. EPA not always 

prompt in returning phone calls when there are questions.

Q: Are you aware of the industry generated form?

A: could not find it. 

Q: Would you use the industry generated form (http://www.cspa.org/pdf/waiver.pdf)? If 

no, why not?

After receiving a copy of the form from EPA, used it.

Labor Rates:

Q: Would you say the following labor rates are accurate?

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

Management prepares small business waiver request. Approx. $100/hr

•The agency methodology for estimating the cost and burden associated with the paperwork 

involved with preparing your waiver request is the following 

Management: reading and comprehending the regulations, planning activities to submit 

the waiver request: 10 hrs; Subsequent submissions: 2 hrs

Prepares application – 3 hours provided EPA does not need to be contacted for questions.

Technical: locating and preparing copies of taxes, audits, payroll account statements, any 
Page 18 of 26

market analysis, etc.? 40 hrs; Subsequent submissions 40 hrs

No technical support in preparing application.

Clerical: preparing the submission 10 hrs; Subsequent submissions 10 hrs

No clerical support used.

Q: Did we miss anything?

Comments:
Page 19 of 26

Attachment C.1

Consultations conducted for the renewal of the Pesticide Registration Fee Waivers; OMB 

Control No.: 2070-0167 EPA ICR No.: 2147.04

Company Name: Falcon Lab LLC

Name of person consulted: Terry Pizzarello, COO

Date: December 14, 2009 

Q: When preparing your waiver request did you consult the Questions and Answers on the 

EPA website?

A: Yes

Q: If yes, did you find it helpful and informative?

A: Yes

Q: What improvements or clarifications would you like to see?

A: No suggestions at this time.

Q: Are you aware of the industry generated form?

A: yes

Q: Would you use the industry generated form? If no, why not?

Yes

Labor Rates:

Q: Would you say the following labor rates are accurate?

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

Do not know – family owned company.

•The agency methodology for estimating the cost and burden associated with the paperwork 

involved with preparing your waiver request is the following 

Management: reading and comprehending the regulations, planning activities to submit 

the waiver request: 10 hrs; Subsequent submissions: 2 hrs

Management prepares the small business fee waiver request. 2.0 hours for an initial submission 

during a maintenance fee cycle. Subsequent application in the same year - 0.75 hours

Technical: locating and preparing copies of taxes, audits, payroll account statements, any 

market analysis, etc.? 40 hrs; Subsequent submissions 40 hrs

Clerical: preparing the submission 10 hrs; Subsequent submissions 10 hrs
Page 20 of 26

Q: Did we miss anything?

No

Comments: 
Page 21 of 26

Attachment C.2 

Consultations conducted for the renewal of the Pesticide Registration Fee Waivers; OMB 

Control No.: 2070-0167 EPA ICR No.: 2147.04

Company Name: Mason Chemical Company

Name of person consulted: Elizabeth Tannehill

Date: December 14, 2009

Q: When preparing your waiver request did you consult the Questions and Answers on the 

EPA website?

A: Not any more, very familiar with them.

Q: If yes, did you find it helpful and informative?

A: 

Q: What improvements or clarifications would you like to see?

A: None

Q: Are you aware of the industry generated form?

A: use the voluntary industry generated form

Q: Would you use the industry generated form? If no, why not?

Use the form

Labor Rates:

Q: Would you say the following labor rates are accurate?

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

•The agency methodology for estimating the cost and burden associated with the paperwork 

involved with preparing your waiver request is the following 

Management: reading and comprehending the regulations, planning activities to submit 

the waiver request: 10 hrs; Subsequent submissions: 2 hrs

Management prepares the application – 4 hours for initial application per maintenance fee cycle, 

subsequent application within a maintenance fee cycle – less than 1 hour. Agency estimated 

labor rate for management is reasonable.

Technical: locating and preparing copies of taxes, audits, payroll account statements, any 

market analysis, etc.? 40 hrs; Subsequent submissions 40 hrs

Clerical: preparing the submission 10 hrs; Subsequent submissions 10 hrs

Q: Did we miss anything?
Page 22 of 26

Attachment C.3 

Consultations conducted for the renewal of the Pesticide Registration Fee Waivers; OMB 

Control No.: 2070-0167 EPA ICR No.: 2147.04

Company Name: Phoenix Environmental Care LLC

Name of person consulted: Sherry Hutcheson

Date: 12/15/09

Q: When preparing your waiver request did you consult the Questions and Answers on the 

EPA website (http://www.epa.gov/pesticides/fees/questions/waivers.htm)?

A: No

Q: If yes, did you find it helpful and informative?

A: 

Q: What improvements or clarifications would you like to see?

A: 

Q: Are you aware of the industry generated form (http://www.cspa.org/pdf/waiver.pdf)?

A:

Q: Would you use the industry generated form? yes

 If no, why not?

Labor Rates:

Q: Would you say the following labor rates are accurate? Yes

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

•The agency methodology for estimating the cost and burden associated with the paperwork 

involved with preparing your waiver request is the following 

Management: reading and comprehending the regulations, planning activities to submit 

the waiver request: 7 hrs; Subsequent submissions: 2 hrs

Technical: locating and preparing copies of taxes, audits, payroll account statements, any 

market analysis, etc.? 24 hrs; Subsequent submissions 4 hrs

Clerical: preparing the submission 6 hrs; Subsequent submissions 6 hrs

Q: Did we miss anything? No

Comments:
Page 23 of 26

Attachment C.4 

Consultations conducted for the renewal of the Pesticide Registration Fee Waivers; OMB 

Control No.: 2070-0167 EPA ICR No.: 2147.04

Company Name: Canada Inc.

Name of person consulted: William Stoneman, consultant

Date: December 14, 2009

Q: When preparing your waiver request did you consult the Questions and Answers on the 

EPA website?

A: Yes

Q: If yes, did you find it helpful and informative?

A: Yes

Q: What improvements or clarifications would you like to see?

A: post the name of the contact on the guidance web page

Q: Are you aware of the industry generated form?

A: yes

Q: Would you use the industry generated form? If no, why not?

Used it once, prefer to send a letter answering questions.

Labor Rates:

Q: Would you say the following labor rates are accurate?

$109.82 /hr management; $60.39 /hr technical staff; $35.89 /hr clerical 

Management rate is reasonable. Neither technical nor clerical staff involved in waiver request 

preparation. 

•The agency methodology for estimating the cost and burden associated with the paperwork 

involved with preparing your waiver request is the following 

Management: reading and comprehending the regulations, planning activities to submit 

the waiver request: 10 hrs; Subsequent submissions: 2 hrs

Management (both consultant and Canada, Inc.) did all of the work on the small business fee 

waiver request. 3 hours spent to prepare an initial application. 

Technical: locating and preparing copies of taxes, audits, payroll account statements, any 

market analysis, etc.? 40 hrs; Subsequent submissions 40 hrs
Page 24 of 26

Clerical: preparing the submission 10 hrs; Subsequent submissions 10 hrs

Q: Did we miss anything?

No

Comments:
Page 25 of 26

Attachment G

Work Sheets used to Calculate Registrant Labor Costs 

This attachment is available as part of the electronic docket EPA-HQ-OPP- 2009-0885 is part 

of the ICR’s Supporting Statement.

NAICS: 325300

Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing

Labor Category: Formula Managerial Technical Clerical

Unloaded Hourly Rate1= W $51.01 $28.05 $16.67 

Benefits Percentage2Lb = B/W 44% 44% 44%

Benefits per hour B = W*Lb $22.20 $12.21 $7.26 

Loaded Hourly Rate Wb = W + B = 

W(1+Lb)

$73.21 $40.26 $23.93 

Overhead Percentage3Lo = OH/Wb 50% 50% 50%

Overhead per hour OH = Wb*Lo $36.61 $20.13 $11.96 

Fully Loaded Hourly

Rate

Wf = Wb + OH

= W + B + OH 

$109.82 $60.39 $35.89 

1. Data Source: BLS http://www.bls.gov/oes/current/naics4_325300.htm May 2008 data

 NAICS 325300 - Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing

 Standard Occupational Codes: 

 Management: 11-0000, Management Occupations 

 Technical: 19-0000, Life, Physical, and Social Science Occupations 

 Clerical: 43-0000, Office and Administrative Support Occupations 

2. Fringe benefits/wage per hour. 

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth 

Edition, EPA-452-02-001, January 2002, pg. 2-34. The loading for indirect costs is within the 

range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.
Page 26 of 26

Attachment G.1

Work Sheets used to Calculate EPA and Federal Government Labor Costs

This attachment is available as part of the electronic docket EPA-HQ-OPP-2009-0885 and is 

part of the ICR’s Supporting Statement

NAICS: 999100 

Federal Executive Branch

Labor Category: Formula Managerial Technical Clerical

Unloaded Hourly Rate1= W $49.96 $33.25 $19.14 

Benefits Percentage2Lb = B/W 44% 44% 44%

Benefits per hour B = W*Lb $21.75 $14.47 $8.33 

Loaded Hourly Rate Wb = W + B = 

W(1+Lb)

$71.71 $47.72 $27.47 

Overhead Percentage3Lo = OH/Wb 50% 50% 50%

Overhead per hour OH = Wb*Lo $35.85 $23.86 $13.74 

Fully Loaded Hourly

Rate

Wf = Wb + OH

= W + B + OH 

$107.56 $71.58 $41.21 

1. Data Source: BLS http://www.bls.gov/oes/current/naics4_999100.htm May 2008 data

 NAICS 999100 - Federal Executive Branch

 Standard Occupational Codes: 

 Management: 11-0000, Management Occupations 

 Technical: 19-0000, Life, Physical, and Social Science Occupations 

 Clerical: 43-0000, Office and Administrative Support Occupations 

2. Fringe benefits/wage per hour. 

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth 

Edition, EPA-452-02-001, January 2002, pg. 2-34. The loading for indirect costs is within the 

range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.