December 22, 2009

Page 1 of 26 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 I CR No.: 2147.0 4 1(b) Short C haracterization/Abstract This Information Collection Request (ICR) is a proposed renewal of an existing ICR that is currentl y approved b y OMB and is due to expire October 31, 2010

. This information collection allow s the Environmental Protection Agency (E PA) to process requests for waivers and exemptions of fees under the Pesticide Registration Improvement Renewal Act of 200 7 (PRIA 2 ) which established Section 33 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) . The ICR covers the collect ion 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 availab le 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 pay ment of fees. This ICR provides b urden hour and labor cost estimates for both applicants for fee waivers and EPA employ ees who process and approve or den y waiver requests.
2. NEED FOR AND USE OF THE COLLECTION 2(a) Need/Authority for the Collection Under the Federal Insecticide, Fung icide and Rodenticide Act (FIFRA), EPA must evaluate pesticides thoroughl y , 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 e nhance 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 Qualit y 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 Pestic ide Programs (OPP) over five ye ars , October 1, 2007 to September 30, 2012 . The program’s fee schedule under PRIA 2 will be phased out beginning on October 1, 20 12 , and ending on September 30, 201 4 . As indicated above, the PRIA alsoDecember 22, 2009

Page 2 of 26 established provisions that allow these fees to be exempted entirely

.December 22, 2009

Page 3 of 26 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

- ye ar 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 fift y percent (50%) of its fees. In addition, 75% of a fee will be waived for small businesses with, on average, annual gross g lobal revenues from pesticides over the most recent three

- ye ar 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 th e 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 $1 0 million in new registration servic e 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 col lected. This collection of information is critical for the proper performance of Agency functions because the information collected will allow EPA to properl y review a request for a waiver or exemption of fees under the PRIA without delay . The actual use fulness 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 redu ction 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 b alance 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 b y the registr ant, the Agency will be able to meet its statutory obligation to grant or den y a waiver request within 60 day s and, potentially , earlier than the maximum 60 day period.December 22, 2009

Page 4 of 26 3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3(a) Non duplicatio n 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 acti vity 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 Agenc y. 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 b y stakeholders, informed by technical in formation 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 Co nsumers Union, among other parties. C onsultation 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, 200 9 , 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 ye ar of PRIA 2

. During the preparation of this I CR renewal, EPA staff contacted the following representatives of pesticide registrants b y phone or e - mail and asked them for their assessment of the burden estimates in the I CR: Liz Bauer, Walter G. Legg e Compan y, Inc., 800
- 345
- 3443, liz@legges ys tems.com Terry Pizzarello, Falcon Lab LLC, 917
- 886
- 4687, tjpizza@optonline.netDecember 22, 2009

Page 5 of 26 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 Attachment s C

– C.4 ). As is the case with p esticide registrant companies, the above respondents vary widel y in compan y 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 famil y member of a family owned company. Four out of the five respondents reported that the fee waiver requests were prepared b y management and onl y 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 b y EPA are reasonable, and these consultations did not provide sufficient basis to amend them. With r espect 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. Man y requesters use this form, although the Agency does not requi re 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 employ mentDecember 22, 2009

Page 6 of 26 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 wa iver requests b y 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 inform ation (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 sect ion 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 an y information is submitted that applicants claim as confidential, the Agency will employ

th e 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 pro visions 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 infor mation collection are as follows: NAI CS 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 Ino rganic

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.December 22, 2009

Page 7 of 26 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 est ablished 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 cycle s , including an y such revenue from affiliates . For this purpose, the applicant may be required to submit documentation regarding numbers of emplo ye es and, on behalf of itself and its affiliates, gross revenue figures, and information on revenue from pesticides over a three

- ye ar period. A registrati on 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 regi stration 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 submi tted. The Agency

will, in turn, determine whether the application is solely associated with a tolerance petition submitted by

I R
- 4 and that the waiver is in the public interest (see Attachment E). Although there is no record keeping requirement, PRIA pro vides 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 red uction 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 as sociated 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 reque sts 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 spons or this form and its use is strictly

voluntary . The Agency

will accept information that is submitted via the industry form as well as an y other format that meets the requirements of the statute.

4(b)(i i) Respondent Activities Guidance on the conte nt 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 applic ant 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.December 22, 2009

Page 8 of 26 · Indicate that a waiver or exemption is requested and that th e appropriate documentation supporting the request is enclosed or ha s 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 pay ment information from Financial Management Division.  Store the data. Image all forms, listings, telepho ne conversations, etc., for archiving. 5(b) Collection Methodology and Management Fee pay ments are sent to the Financial Management Division in St. L ouis, MO and entered in to the Agency's Integrated Financial Management S ys tem (IFMS). Pay ment informat ion is extracted from IFMS and loaded into OPP's tracking s ys tem (OPPI N). Pay ment is due at time of application. If additional pay ment is required, invoices are generated and sent both electronicall y and in paper. All payments and invoices are generat ed electronically and tracked in OPPIN. Incoming letters, fee waiver and exemption applications, mail receipts, petitions, and other ty

pes 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. In formation and materials submitted to justify a fee waiver are screened for completeness by the receiving division. Economic data are sent to OPP’s Biolo gical and Economic Analy sis Division for anal ys is. The Agency will keep applicants informed of the status of the waiver application throughout the process by telephone and b y 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 mainta in 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.December 22, 2009

Page 9 of 26 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 ye ar 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 ye ar 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 f ee 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 b y the IC R 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 I R
- 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, onl y thirteen requests have been received out of several thousand applications. There are three t ypes of small business waiver applications. The first ty pe, Ty pe A, is a first

- time applicant requesting fee waiver or reduction. The second type, T ype B, is an application requesting another fee waiver or reduction within the same maint enance fee billing cycle. The third t yp e, T ype 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 th e lowest because Ty pe B applicants will only need to certify

that there have been no changes to the information previously submitted or, in the alternative, onl y 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 Ty pe 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 estimate s that 1800 requests for registration actions will be received per ye ar, of which 293 will request fee waivers orDecember 22, 2009

Page 10 of 26 reductions. Of the 293 responses EPA estimates that 11% (31 out of 293) will be the first

- time applicants (Ty

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

pe C applications each year, EPA estimates of respondent burden hours per response, for each of the three response types, were corroborated b y representative respondents in consultations (see s ection 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 t ypes are presented in Tables 1, 2, 3, and 5, below. 6(b) Estimating Respondent Costs Consistent with recent I CR 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 approa ch uses a transparent and cons istent methodology

and current publicl y - available data to provide more accurate estimates and allow eas y replication of the estimates. Methodology : The methodology uses data on each sector and labor ty pe for an Unloaded wage rate (hourl y 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 l abor t ypes ( management, technical, and clerical ) within applicable sectors. The Agency uses average wage data for the relevant sectors available in the National Industry

- Specific Occupational Employ ment 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 Sy stem (NA ICS) code and website for each sector is i ncluded in that sector’s wage rate table. Within each sector, the wage data are provided by

Standard Occupational Classification (SOC). The SOC sy stem is used by Federal statistical agencies to classify workers into occupational categories for the purpos e of collecting, calcu lating, 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 r ates, 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 L oaded Wage Rate: We multiply the loaded wage rate by

50% (EPA guidelines 20
- 70%) to get overhead costs. Attachment s G

– G.1 contain worksheet s providing the breakout of these costs. Costs are indexed to 200 8 data. T o derive the labor rates for this I CR, 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 atDecember 22, 2009

Page 11 of 26 $ 10 9 .8 2 , $6 0
. 39 , and $ 35
. 89 per hour, respectivel y. These labor rates are fully loaded and include benefits and overhead costs. EPA expects that applicants will incur minor expenses that are not directl y 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 hour s $ 2, 43 /response x 31 responses = $ 7 5 , 435 NON
- PAPERWORK COSTS: $10 (postage and paper copies) x 31 responses = $ 310 TOTAL ANNUAL RESPONDENT COST (TYPE A): $ 7 5 , 435 (paperwork) + $ 3 10 (non

- paperwork) = $ 75 , 745

1 All t able t otals have been roun ded to the nearest dollar or hour after all computations were made ; in 2006 dollars.December 22, 2009

Page 12 of 26 Table 2: Annual Respondent Burden and Cost Es timates (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 submiss ion 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 = $ 1 1 7, 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) = $ 1 1 9, 456 Table 3: Annual Respondent Burden and Cost Estimates (Type C) COLLECTION ACTIVITY Burden Hou rs (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/s ubmit 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 = $ 1 3 9 , 247 NON
- PAPERWORK COSTS: $10 (postage and paper copies) x 88 responses = $ 88 0December 22, 2009

Page 13 of 26 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 decis ion to grant or deny fee waiver requests; entering data into tracking s ys tems; verifying fee pay

ment; and storing/maintaining this information. Table 4 estimates EPA’s burden for performing these activities. 2 Agency labor costs for this renewal for manag erial, technical and clerical rates are estimated at $ 10 7.56 , $ 71
. 58 , and $ 41
. 21 per hour, respectivel y. These labor rates are fully loaded and include benefits and overhead costs. Table 4: Annual Agency Burden and Cost Estimates COLLECTION ACTIVITY B urden Hours (per year) Total M anagement .$ 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 sy stems 0 0 0.5 0.5 21 Verify pay ment 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 t able t otals have been rounded to the nearest dollar or hour after all computations were made ; in 2008 dollars.December 22, 2009

Page 14 of 26 6(d) Bottom Line Burden Hour and Cost Tables Table 5: Total Annual Burden and Cost Estimates TOTAL ESTIMATES Hours Costs Applicant

- Annual (Ty pe A + Ty

pe B + Type C) 5,611 335,328 Ty pe A 1,147 75,745 Ty pe B 2,088 119,456 Ty pe 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 I CR has decreased by 2 , 757 hours, from 8,368 hours in the existing I CR, 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 Ty pe A, 12 hours for Type B, and 27 hours for Ty pe C. These estimates of burden per response were corroborated b y 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 wai ver requests received, and the number (or percentage) of each of the three t ypes of responses, were based on EPA estimates in the current ICR, as the program was still very new and a ye ar’s worth of observations were not available . However in this renewal request , the annual number and distribution of responses among the three ty pes are based on actual responses received. The major shift in the distribution of responses to the least

- burdensome ty pe (Ty pe 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 t ypes of applications

. According to the PRIA, “burden” me ans the total time, effort, or financial resources expended b y 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 instruc tions, 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 display s 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 I CR are contained in the PRIA and not a currentDecember 22, 2009

Page 15 of 26 regulation, the OMB control number for this collection activity appear s in this I CR
. The Agency has established a public docket for this I CR under Docket ID No. EPA

- HQ
OPP
- 200 9
- 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. Cry stal Drive, Arlington, VA. This docket facilit y is open from 8:30 a.m. to 4 p.m., Monday

through Friday , excluding legal holiday s. The docket telephone number is (703) 305
- 5805. You may

submit comments regarding the Agency 's need for this information, the accuracy o f the provided burden estimates and any suggested methods for m inimizing respondent burden, including the use of automated collection techniques

. Submit your comments, referencing Docket ID No. EPA

- HQ
- OPP
- 200 9
- 0885 to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: Public Information and Records Integrity

Branch (PIRI B), Mail Code: 7502 P , Office of Pesticide Programs (OPP), Environmental Protection Agency , 1200 Penns yl vania Ave., NW, Washington, DC 20460, and (2) OMB b y m ail 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. In clude docket ID No. EPA
- HQ
- OPP
- 200 9
- 0885 and OMB control number 2 070
- 0167 in an y correspondence but d o not submit fee waiver requests to these addres ses.Page 16 of 26 ATTACHMENTS TO THE SUPPORTING STATEMENT All of the attachments listed below can be either f ound in the docket for this I CR , 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 200 7

– Available

electronically

at http://www.epa.gov/pesticides/regulating/fees/index.htm A ttachment B Implementing the Pesticide Registration Improvement Act

– Fiscal

Year 200 8 . Available electronicall y at http://www.epa.gov/pesticides/fees/2008annual_report/pria_annual_report_ 2008.html A ttachment 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 I CR No.: 2147.04 Company Name: Walter G. Legge Compan y, Inc. Name of person consulted: Li z 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: L ink 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 alway s prompt in returning phone calls when there are questions. Q: Are you aware of the industry generated form? A: could not f

ind it. Q: Would you use the industry generated form ( http://www.cspa.org/pdf/waiver.pdf )? If no, why not? After receiving a cop y of the form from EPA, used it. Labor Rates: Q: Would you say the following labor rates are accurate? $109.82 /hr man agement; $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, anyPage 18 of 26

ma rket analysis, etc.? 40 hrs; Subsequent submissions 40 hrs No technical support in preparing application. Clerical: preparing the submission 10 hrs; Subseque nt 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 I CR No.: 2147.04 Company Name: Falco n L ab 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 compan y. •The agency

methodology

for estimating the cost and burden associated with the paperwork involved with pr eparing 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 ma rket analysis, etc.? 40 hrs; Subsequent submissions 40 hrs Clerical: preparing the submission 10 hrs; Subsequent submissions 10 hrsPage 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.: 20 70
- 0167 EPA I CR 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

mor e, 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 estimat ing 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: locatin g and preparing copies of taxes, audits, payroll account statements, any ma rket 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 Con sultations conducted for the renewal of the Pesticide Registration Fee Waivers; OMB Control No.: 2070

- 0167 EPA I CR 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 ma rket analysis, etc.? 24 hrs; Subsequent submissions 4 h rs 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 I CR 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 h elpful 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 reasonabl e. 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 an d 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 ma rket analysis, etc.? 40 hrs; Subsequent submissions 40 hrsPage 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 I CR’s Supporting Statement

. NAICS: 325300 Pe sticide, Fertilizer, and Other Agricultural Chemical Manufacturing Labor Category : Formula Managerial Technical Clerical Unloaded Hourl y Rate 1 = W $51.01 $28.05 $16.67 Benefits Percentage 2 Lb = B/W 44% 44% 44% Benefits per hour B = W*Lb $22.20 $12. 21 $7.26 Loaded Hourl y Rate Wb = W + B = W(1+Lb) $73.21 $40.26 $23.93 Overhead Percentage 3 Lo = OH/Wb 50% 50% 50% Overhead per hour OH = Wb*L o $36.61 $20.13 $11.96 Fully L oaded 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 NAI CS 325300
- Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing Standard Occupational Codes: Management: 11
- 0000, Management Occupations Technical: 19

- 0000, L ife, Phy sical, and Social Science Occupations Clerical: 43

- 0000, Office and Administrative Support Occupations 2. Fringe b enefits/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 + b enefits) 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
N AICS: 999100 Federal Executive Branch Labor Category : Formula Managerial Technical Clerical Unloaded Hourl y Rate 1 = W $49.96 $33.25 $19.14 Benefits Percentage 2 Lb = B/W 44% 44% 44% Benefits per hour B = W*Lb $21.75 $14.47 $8.33 Loaded Hourl y Rate Wb = W + B = W(1+Lb) $71.71 $47.72 $27.47 Overhead Percentage 3 Lo = OH/Wb 50% 50% 50% Overhead per hour OH = Wb*L o $35.85 $23.86 $13.74 Fully L oaded 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 NAI CS 999100
- Federal Executive Branch Standard Occupational Codes: Management: 11
- 0000, Management Occupations Technical: 19

- 0000, L ife, Phy sical, 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.