September 27, 2010

Page 1 of 21 SUPPORTING STATEMENT FOR AN INFORMATION COLLECTION REQUEST (ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection: Certification of Pesticide Applicators OMB No: 2070-0029; EPA No: 0155.09

1(b) Short Characterization/Abstract

In accordance with section 11 of the Federal Insecticide, Fu ngicide, and Rodenticide Act (FIFRA), the Environmental Protection Agency (EPA) administers certif ication programs for pesticide applicators. FIFRA allows EPA to classify a pesticide as “restricted use” if the pesticide meets certain toxicity or risk criteria. This information collection reque st (ICR) addresses the paperwork activities performed by various EPA-author ized agencies of States and Indian tribal governments as well as federal agencies (collectivel y referred to in this document as “authorized agencies”) and activities performe d by firms in the course of tr aining and certifying persons who apply restricted use pesticides. Because of their potential to harm human health or the environment, restricted use pestic ides may be purchased and applie d only by a certif ied applicator or by a person under the direct supervision of a ce rtified applicator. A pe rson must meet certain standards of competency to become a certifi ed applicator; these st andards are met through completion of a certification progra m or test. Authorized agencies administer certified applicator programs within their jurisdictions, but each agency ’s certification plan must be approved by EPA before it can be implemented. In areas where no authorized agency has jurisdiction, EPA may administer a certification program directly, called a Federal program.

This ICR also addresses how registrants of certain pesticide products are expected to perform specific, special paperwor k activities, such as training and record-keeping, in order to comply with the terms and conditions of the pe sticide registration (e.g., registrants of anthraxrelated pesticide products that assert claims to inactivate Bacillus anthracis (anthrax) spores). Paperwork activities associated w ith the use of such products ar e conveyed spec ifically as a condition of the registration.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

EPA needs the data from this information colle ction activity to ensure that restricted use pesticides (RUPs) are only purch ased and applied by “certified appl icators,” or individuals under their direct supervision. A certif ied applicator is a person who ha s demonstrated competency in the safe handling and application of RUPs, and who has received certif ication to that effect. This

collection also makes records of specific RUP applications available for investigations or enforcement actions concerning possible misuses or poisoning incidents.September 27, 2010

Page 2 of 21 The authority for this information collection activity is provided under sections 3(d) and 11 of FIFRA and 40 CFR part 171. Section 3(d) of FIFRA authorizes EPA to classify registered pesticides as either genera l use or restricted use ( see Attachment A). RUPs are those that, absent additional regulatory restrictions, may cause unreasonable adverse effects on people or the

environment. Pesticides classified as restricted use may only be used by a certified applicator, or by a person under the direct supervis ion of a certified applicator. Section 11(a) of FIFRA grants EPA the authority to prescribe stan dards for the certification of rest ricted-use pesticide applicators ( see Attachment B). Section 11(a)(2) of FIFRA es tablishes a certification program that allows authorized agencies to implement applicator certification after th e authorized agency program has been approved by EPA. While the bulk of th e certification program is implemented by State agencies (all 50 States are authorized), a few tr ibes and federal agencies are also authorized; additionally, EPA has authority to directly administer Federa l certification programs in areas where there is no authorized agency program. Th e regulations for the cer tification program in 40 CFR part 171 include procedures for certification programs for States, Federal agencies, Indian tribes, or U.S. territori es who wish to develop and implem ent their own certification plans and programs, after obtaining EPA approval ( see Attachment C).

In the case of certain restricted use produc ts, like anthrax-related products, the Agency

needs the data to ensure that th e sale and use of registered anth rax-related products is limited to persons who are trained in the safe and effec tive use of such products . For anthrax-related products, the Agency is concerned with the high risks involved in treating areas/objects contaminated with highly virulent and persistent anthrax spores. Reducing these risks, which include exposure to the anthrax spores, the pesticide product, and any areas ineffectively decontaminated, requires that treatments be performed correct ly and with the approval of responsible regulatory authorities. To minimize the risks of im proper and unsafe applications, the Agency is limiting availability of anthrax-related products to those persons or companies who have a legitimate need. With this approach, these pro ducts will not to be sold, offered for sale, or distributed to the general public. The Agency is also requiring purchasers of anthrax-related products to be specifically traine d in the product application (to assure it is done safely and effectively) and in the overall pr ocess of decontamination in respons e to an intentional attack with bacterial spores. Training must be repeated every two years. Registrants mu st maintain records of persons who have been trained and entities to wh ich the product has been sold or distributed. Normally, records will not be submitted to EPA unless EPA requests them, such as in the event of

a bioterrorism attack or in conjunction with enforcement investigations.

EPA issued a Pesticide Registration Notice (PRN), on August 26, 2008, (73 FR 51467) informing registrants that certain conditions of registration will ap ply to anthrax-related products. The PRN, titled “Guidance for Antimicrobial Pest icide Products With Anthrax-Related Claims,” (Attachment D) specifies that products claimi ng to inactivate anthrax spores should be: (a) supported by specific sporicidal efficacy studies th at are acceptable to EP A; and (b) subject to specific terms and conditions of re gistration that limit the use of th ese products to specifically trained persons

. The agency is also developing ne w guidelines “OPPTS 810.2100, Products for Use on Hard Surfaces—Basic Efficacy Data Recomm endations.” When final, the new data requirements will address efficacy testing for an thrax-related products. Th e training and reporting information activities for registrants of anth rax-related products wi ll not be imposed on respondents until a registration is granted.September 27, 2010

Page 3 of 21 The final PRN, and responses to the public comments received, are located in the public docket for the guidance document (docket no. EPA-HQ-OPP-2008-1004), which can be accessed

at http://www.regulations.gov

.

2(b) Practical Utility/Users of the Data

EPA uses annual reports from the authorized agencies as a monito ring tool to develop overall data on pesticide activitie s for OMB, Congress, and others; to distribute EPA grant funds to participating authorized agencies; to target enforc ement activities; and to revise certification and training program emphasis and requirements.

In a federal program, an application form is used to obtain vital information from persons applying for certification, such as name and address, and to schedule applicat ors for certification or re-certification. Authorized agenci es use their State or tribal aut hority to obtain this information.

Federal certification programs require dealers to maintain sales records for RUPs. Dealer records are necessary for EPA to ensure that acce ss to RUPs is limited to certified applicators. State-administered (or authorized agency) certif ication programs use State authority to require

dealers to maintain sales records for RUPs.

EPA requires a record of each application of a RUP by a certified commercial applicator under federally-run programs (such as the Indian Country programs). EPA monitors these records

to assure that: RUPs are used onl y by, or under the direct supervisi on of, certified applicators, and to ensure that pesticide labeli ng requirements are adhered to by applicators. This is done by requiring applicators to record details of the RU P application. Without thes e records it would be difficult to successfully enforce against misuse, or investigate accidents or poisoning incidents.

RUP application records are also required for certifie d commercial applicators under programs run by states or other au thorized agencies. These records are monitored to assure that RUPs are used only by, or under th e supervision of, properly traine d and certified applicators and to ensure that pesticide labeli ng requirements are adhered to by applicators. This is done by requiring applicators to record the application (e.g., amounts, locations, and dates) of RUPs.

Without these records it would be difficult to successfully enfo rce against misuse and ensure proper training and supervision of uncertified applicators.

For anthrax-related products, EPA and other authorized agencies (e.g., Department of Homeland Security, Department of Defense, and other federal and state agencies) will use the recorded information to carry out decontamin ation activities and to conduct enforcement investigations, if needed, in the event of a bioterrorism attack. The required registrant training will help assure that applications of anthrax-relate d products are performed safely, effectively and in accordance with the requirements of federal, state and local authoritie s. The utility of records kept by registrants on trained persons and persons to whom anthrax-related products are sold is twofold:September 27, 2010

Page 4 of 21  EPA and other responsible agencies will be ab le to know who is qualified to buy and use these products and thereby be able to carry out effectiv e and timely decontamination activities in the event of a bioterrorism attack; and

 human health and the environment will be prot ected because only persons who are properly trained will apply these products.

3. NON-DUPLICATION, CONSULTA TIONS, AND OTHER COLLECTION
CRITERIA

3(a) Non-duplication

EPA is the only Federal agency with the author ity to certify applicators of restricted use products. However, the United States Department of Agriculture (USDA) also has regulations which impact certified applicator s. In addition to providing most of the training for certified applicators under an Interagenc y Agreement (IAG) with EPA, USDA has regulations which require private applicators to maintain record s regarding the applica tion of restricted use pesticides. The records require d by USDA under 7 CFR 110 are more specific than those required by EPA under 40 CFR 171.

FIFRA prohibits EPA from requiring private ap plicators to keep records or make reports, so there is no duplication of record-keeping with regard to private applic ators. Only EPA requires record-keeping for commercial applicators. Cons equently, no duplication of requirements exists.

To prevent duplication and fac ilitate authorized agency repo rting, EPA permits authorized agencies to use grant reports in lieu of separate annua l reports to EPA, and authorized agencies may amend their plan with an addendum.

No other Federal, state, or tribal governm ent agency requires that registrants conduct training for anthrax-related products , or that registrants keep information on persons trained or to whom anthrax-related products have been sold or distributed.

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

Pursuant to 5 CFR 1320.8(d), EP A is publishing a Federal Register (FR) notice soliciting comment on this information collection activity and the Agency’s intent to renew the OMB approval of this ICR. The FR notice and the proposed renewal ICR as well as any public

comments are located in the docket for this action, which can be accessed at http://www.regulations.gov using the docket identifier EPA-HQ-OPP-2010-0723.

3(c) Consultations

Formal and information consultations have occurred regarding EPA’s regulation of activities performed by firms in th e course of training and certifyi ng persons who apply restricted use pesticides. Regulations under 40 Code of Federal Regulations , Part 171 (40 CFR 171) wereSeptember 27, 2010

Page 5 of 21 published in the Federal Register in 1974, 1975 and 1978 with minor modifications in 1983 and 1984. All sections of the regulations provided a comment period for interested parties prior to promulgation. The comments received were evaluate d by the Agency prior to issuance of the final

rule. Continuous consultation an d/or dialogue between industry and the Agency occurs on an informal, on-going, "as needed" basis, primarily during the submission and review of reports.

In addition, during preparation of this ICR renewal, EPA staff will contact representatives from a cross-section of respondents to s eek feedback on the burden estimates in the ICR, the clarity of instructions provided, and other questions pertaining to the requi rements of the program. Their responses to EPA’s consultation efforts will be summarized a nd made publicly available.

3(d) Effects of Less Frequent Collection

Authorized agencies’ reports on certificat ion program activities are submitted to EPA annually, which is a minimal reporting period. Most annual reporting information required under the regulation is contained in authorized ag encies’ annual grant report to EPA, and can be submitted as a joint package. Budget requests and the distribution of cooperative agreement funds are also done on an annual basis. The annual report data is used to support budget requests and to apportion cooperative agreement funds. Less freq uent collection of information would be less efficient for overall reporting by authorized agencies. In addi tion, less frequent collection of

information would not allow EPA to distribute thes e funds in the most equitable manner, as data demonstrating need would not be current.

For anthrax-related products, the information kept by registrants on certification, training and records regarding the persons to whom the pr oduct was sold will be requested only as needed (such as for an enforcement inve stigation), which should be very infrequently. Accordingly, less frequent collection of data w ould not meet the EPA’s needs.

3(e) General Guidelines

FIFRA section 11(a)(1) require s that EPA use a form for applicators to apply for certification, whenever the Agency administers the Certified Pesticide Applicator program in the place of a program administered by an authorized ag ency. In the last renewal of this ICR, only EPA Form 8500-17-N, Request for Pesticide Applicator Cer tification in Navajo Indian Country (Attachment F) was used for this collection activit y. In this renewal of the ICR, EPA will seek approval of another, similar form (EPA Form 2070-XX-X, Request for Pesticide Applicator Certification in Indian Country ) to be used for all of Indian Country nationally (Attachment G), except for Navajo Indian Country. In Navajo Indian Country, the previous form will continue to be used. The record-keeping activities briefly descri bed herein will not exceed OMB’s guideline that agencies not require that records be retained for more than 3 years (5 CFR 1320.5(d)(2)(iv)).

3(f) Confidentiality

The activities or reco rds proposed in this informati on collection do not include any confidential business information (CBI) and will not involve any confid entiality concerns or

information.September 27, 2010

Page 6 of 21 3(g) Sensitive Questions

No information of a sensitive or private natu re is requested in conjunction with this collection activity. Further, this information colle ction 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 Classificat ion System (NAICS) code for respondents participating in the data collection activity is noted here:

Applicators on Farms : 111 Crop Production

112 Animal Production

Commercial Services Applicators: 561710 Exterminating and Pest Control Services

Administration of Certification Progr ams by States/Tribal Lead Agencies: 924110 Environmental protec tion program administration 926140 Pest control programs, agricultural, governmental

Pesticide Dealers (only for EPA-administered programs): 444220 Retail Nursery, Lawn, and Garden Supply stores 424910 Agricultural chemicals merchant wholesalers

Pesticide And Other Agricultural Chemical Manufacturing : 32532 Individuals or entities engaged in activities relate d to the registration of a pesticide product

4(b) Information Requested

(i) Data items, including record-keeping requirements

Annual Reports

Annual reports are required from States, Indi an tribes, and Federal agencies with EPAapproved certification plans. These authorized agencies must develop reports based on the requirements in the regulations, including informa tion on their respective pr ogram activity, such as the number, type, and category of applicators certifi ed and re-certified, and any significant changes to their plans.September 27, 2010

Page 7 of 21 Application for certification in EPA-ad ministered programs (Indian Country)

In Federal programs, regulations require that an application form (EPA Form 8500-17-N, Request for Pesticide Applicator Ce rtification in Navajo Indian Country (Attachment F); and, new

EPA Form 2070-XX-X, Request for Pesticide Applicator Certification in Indian Country ; see Attachment G) be completed for persons seeking certification or re-certif ication. The forms are necessary for EPA to certify and re-certify applic ators, by obtaining vital information on certified applicators such as name, address, and type and category of certification.

EPA plans to administer a Federal program (f or both private and commercial applicators) throughout Indian Country nationall y during this ICR rene wal cycle; one of the application forms

listed above must be submitted to obtain certif ication. This program expands on an existing program to certify applicators in Navajo Indian Country. Applicators with current certification from an authorized agency will be eligible for certification in Indian Country nationwide with proof of certification and a completed form. Private applicators will also be given the option to complete training and submit a self-study evaluati on and a completed form in lieu of a current existing certification. EPA estimates that about 8,300 applicators will need certification in Indian Country, and we expect that all will apply for the program.

The regulations do not require authorized agencies to use EPA’s application form. They may use similar forms developed to meet their specific needs and require d under their authority.

Dealer record-keeping in Federal (EPA-a dministered) programs (Indian Country)

The regulations require dealers under Federal programs to keep reco rds of the sale of restricted-use products for 24 mont hs. Dealer records ar e maintained at the pesticide dealership, and are not routinely submitted to EPA; however, they may be collected as part of an investigation

or enforcement action. This is ne cessary for EPA to ensure that a ccess to restricted use pesticides is limited to certified applicators, or those under their direct supervision. Without the ability to limit access to RUPs, there would be little purpos e in certifying applic ators or classifying pesticides for restricted use. This provision is so lely intended to provide EPA with the authority to impose dealer record-keeping in entities with EPA-administered programs. Programs administered by authorized agencies must use their own laws and regulations to requir e dealers to maintain records of restricted-use pesticide sales.

Commercial Applicator Records – Federal programs

Commercial applicators under EP A-administered programs must generate records on the kinds, amounts, uses, dates and plac es of restricted-use pesticide a pplications immedi ately after the application is complete. Specifically, EPA requires commercial applicators to record the following information: the name and address of the person for whom the pesticide was applied; the location of the application; the target pest(s); the speci fic crop or commodity, as appropriate; the name and registration number of the pestic ide applied; the amount applied a nd percent active ingredient per unit of pesticide used; and the type and amount of leftover pesticide disposed of with the method and location of disposal. Records must be retained for two years. Records are not required to be submitted, but they must be made available to EPA or officials of authorized agencies uponSeptember 27, 2010

Page 8 of 21 request. Records collected may become part of an enforcement action or investigation.

There currently is one EPA-administered prog ram for commercial app licator certification, in Navajo Indian Country. However, during this ICR renewal cycle, EP A plans to expand this program (including both private a nd commercial applicators) to al l of Indian Country nationally.

Commercial Applicator Records - Program s administered by authorized agencies

Commercial applicators under programs administered by au thorized agencies must generate records on restricted-use pesticide applications immediately after the application is complete. In programs administered by authorized agencies, the information recorded includes what EPA requires (described above in Federa l programs) as well as any requirements by the authorized agency.

Records are not required to be submitted, but they must be made available to EPA or officials of authorized agencies upon request. Records collected may become part of an enforcement action or investigation.

Anthrax-Related Products: Training and Examination Materials

Registrants of anthrax-relate d products develop training a nd examination materials and submit them to EPA as part of the application fo r registration or amendment for EPA’s review and approval. At a minimum, these materials will include:

 Characteristics of and human health hazards posed by B. anthracis spores;

 Personal Protective Equipment (PPE) appr opriate for protection against both B. anthracis spores and the pesticide product itself;

 Detailed instructions for safe and effective use of the pesticide product and any associated equipment;

 Detailed review of all steps involved in the decontamination process as provided in guidance from federal agencies as well as re view of applicable federal statutory and regulatory requirement s and guidance; and

 A written examination.

Registrants will use the exam to assess whethe r the trained applicator's competency on the above issues is acceptable.

Anthrax-Related Products: Records of Persons Trained by the Registrant

Registrants of anthrax-relate d products will keep records of the persons who complete training on the use of their products. Such inform ation would include, at a minimum, the person’s name, address, telephone number, and date of completion of training.

Anthrax-Related Products: Records of Persons to Whom Registrant Sells/Distributes

Product

Registrants of anthrax-related products will keep records of the persons/entities to whomSeptember 27, 2010

Page 9 of 21 they sell or distribute th eir products. Such information would include, at minimum, the person’s or entity’s name, address, telephone numb er, date, and amount of product.

(ii) Respondent Activities

Typically, authorized agencies respondent s will perform the following activities:

Activity Detail

Read rules or other instructions Read applicable regulations, 40 CFR 171, grant requirements, and other applicable requirements

Receive Training Administered by EPA approved program or EPA

Create information Document activities/applications

Gather information Collect records needed to develop annual report

Review Review information for accuracy

Complete written forms or other

instruments Extract data from records and compile into reporting format

Record, disclose, display, or report the information Compile report and submit. Record maintenance for preparation of the next annual report, such as grant reports and hard copy and computer records of data required in the annual report.

Store, file, or maintain

information. Store and retain records.

A typical registrant of an anthrax-relate d product will perform th e following activities:

Activity Detail

Read rules or other instructions Read applicable regulations (40 CFR 152) and guidance (PR Notices, etc.)
Develop Training & Exam, and Record-Keeping Method Document development of materials and record-keeping methods

Review Review information for accuracy

Submit training and exam materials

to EPA Compile training and exam materials and submit to EPA

Gather and review information Collect and review record-keeping information

Submit record-keeping information, if requested. Compile report and submit, if requested.

Record, store, file, or maintain

information. Record, store and retain records.September 27, 2010

Page 10 of 21 5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

In continuing this collection for Federal ce rtification programs and authorized agencies,

EPA will:

- Prepare report (EPA Regions for Indian Country ). For this, EPA Regional offices will prepare

and submit report for the Federal plans in Indian Country

- Answer respondent questions

- Review data submissions

- Record data submissions

- Develop/maintain a master data base for data submissions

- Reformat and distribute data

- Store data

For anthrax-related products, EPA will:

- Answer respondent questions

- Review training and examination materials

- Record data

- Maintain data

- Store data

5(b) Collection Methodology and Management

Authorized agencies: Annual reports from authorized ag encies are required. EPA allows respondents to use their end-of-year grant repor ting to fulfill the annual report requirement under this collection program to the extent that inform ation contained in such grant reports satisfies 40 CFR Part 171 requirements. Certai n minor reporting elements which may be outside the scope of the grant reports may be provided in whatever fashion the responde nt finds most convenient and least burdensome. The information required under this program is generally included in the grant reports as a 2-3 page addendum to that report. A web-based template for electronic completion and submission of the annual reports ( Certification Plan and Annual Reporting Database,

available at http://cpard.wsu.edu/login.aspx?ReturnUrl=%2fDefault.aspx ) has been used by all states since 2006. EPA does not requ ire the submission of dealer reco rds or commercial applicator records, but rather requires that they furnish records for inspection and copying upon request.

Applicators: The applicator certification application form is used as an initial reference point for potential certified appl icators in Federal programs. The form requires only basic

information such as name and address. For Federal programs, certification applicants mail completed forms to the respective EPA Regional office, which compiles and maintains data onSeptember 27, 2010

Page 11 of 21 program operations. The public may access the data through the appropriate EPA Regional office.

Anthrax-related materials: Training materials submitted by registrants will be handled like any other registration data submissions. Th at is, each document will be assigned a Master Record Identification (MRID) number, converted to an electronic copy, and stored in EPA’s existing data library. Applicable records for sale , use and training shall be available on site for inspection as needed.

5(c) Small Entity Flexibility

This information collection applies speci fically to individual s who are certified applicators. EPA believes that the records requ ired of certified pesticid e applicators and their employees are minimal and would generally be ke pt for the applicators’ own use even in the absence of this regulation. In Federal program s for Indian Country, where EPA administers the certification program, dealers are also required to keep record s. EPA does not require the submission of records kept by dealers or commercial applicators, but rather requires that they furnish records for inspection and copying upon request.

Most affected entities (certified applicators, pesticide dealers) are small entities. The information collected and the record-keeping requ ired is the minimum required by regulation and that is necessary to implement a successful certification program.

For anthrax-related products, regulations apply specifically to registrants, most of whom are likely to be small entities. EPA believes that the records required of re gistrants are minimal. The information collected and the record-keeping is the minimum necessary to meet the conditions of registration described in the PR Notice: Guidance for Antimicrobial Pesticide Products with
Anthrax-Related Claims

.

5(d) Collection Schedule

There is no set collection schedule for commer cial applicators. Co mmercial applicators must generate records on the kinds, amounts, uses, dates, and locations of restricted use pesticide applications immediately after pe sticide application, and are require d to maintain these records for two years. Similarly, dealer reco rds of restricted use pesticide sa les are required to be maintained for two years. Although the comm ercial applicator records and th e dealer records are maintained locally and are not required to be submitted to EPA or the authorized agencies, they must be made

available for EPA or authorized agency officials upon request. Records collected may become part of an investigation or enforcement action. Comm ercial applicators in EP A-administered programs must also submit an application form for certi fication or recertifica tion, whenever needed.

Authorized agencies with an EPA-approved plan to admini ster their own applicator certification program must submit a report annual ly. The annual report ing period allows for efficiency in authorized agencies as most requi red information is contai ned in their end-of-year grant report, which can be submitted as a joint pack age. The annual reporting cycle also facilitates equitable apportionment of cooperative agreement funds to authorized agencies, based on data

submitted.September 27, 2010

Page 12 of 21 There is no collection schedule for any data for anthrax-re lated products. Training and examination materials are only submitted with th e application for registration or amendment. Information about training, sale, and distribution of anthrax-relate d products, including to whom product is sold, is not submitted unless EPA reque sts it, which would likely be infrequently.

6. ESTIMATING THE BURDEN AND COST OF COLLECTION

6(a) Estimating Respondent Burden

In estimating the average respondent burde n, EPA based the burden hour estimates on experience with and knowledge of the Certification and Training Program; Regional contacts and budget staffing records of the Regional offices; a nd information obtained from the consultation process, USDA, authorized agencies, and other re sources. The total annual burden for EPA’s State, Federal, and Tribal part ners (authorized agencies) to report is estimated to be 4,409 hours, with an average burden of 77.4 hours for each of the 57 part icipating entities (see Table 1). The average per-State burden was based on several estimates provided to EPA by participating States.

Within this ICR renewal cycle, EPA anticipates administering a Federal certification plan for Indian Country throughout the U.S. In Indian Country, an estimated 8, 300 applicators will need to complete an application form to apply for cer tification, once during the 3- year ICR cycle. EPA therefore estimates that an average of 2,767 applica tions for certification w ill be received annually in the Federal program (8,300 applicators over 3 years). The total annua l burden for certifying applicators where EPA implemen ts the certification program for commercial and private applicators in Indian Country is estimated to be 470 hours, with an average burden estimate of 0.17 hours, or 10 minutes, per respondent (see Tabl e 2). This burden is based on completing applications for certification. Si nce the Federal Program is mana ged by Agency personnel, this burden estimate is based on the experience of th e personnel in EPA’s Region 9, which runs the program in Navajo Indian Country.

The Federal plan for certification in Navajo I ndian Country has been the only Federal plan administered by EPA since the last ICR renewal. Prior to the ne xt ICR renewal, EPA intends to implement two new Federal certific ation plans: one for Indian Country in EPA’s Region 8 (in Colorado, Montana, North Dakota, South Dakota, Ut ah, and Wyoming), and the other for the rest of Indian Country, nationally. The national plan will cover all of Indian Country except for Navajo Indian Country and Indian Country in Region 8; there will be separate Federal plans for each of those two areas. However, the burden and cost estimates for Indian Country included below, and for which EPA seeks approval for coll ection, are a single estimate for Indian Country throughout the U.S., i.e., these estimates are for Na vajo Indian Country, Region 8, and the rest of the nation combined. Although the plan for Navajo Indian Country is alr eady in effect, and the Region 8 and national plans will be implemented sequentially, the combined burden estimates are based on the maximum burdens anticipated in any year during this ICR renewal cycle.

Federal (EPA-implemented) programs: The total annual burden of record-keeping for restricted use pesticide app lications by commercial applicat ors under Federal certificationSeptember 27, 2010

Page 13 of 21 programs (Indian Country throughout the U.S.) is estimated to be 10,044 hours, with an average burden estimate of 3.1 hours per respondent, for each of an estimated 3,240 respondents (see Table 3).

Programs administered by authorized agencies : Commercial applicators and firms under authorized programs are also required to generate and maintain records of restricted use pesticide applications immediately afte r the application. The Agency estimates that 421,000 commercial applicators will be subject to th e record-keeping requirements, for a total annual respondent burden of 1,305,100 hours. The average per-responde nt burden is 3.1 hour s (see Table 4).

RUP Product Sales Record-keeping: RUP dealers are required to record sales of RUPs and maintain these records; the Agency estima tes that there are approximately 250 RUP sales transactions per dealer per ye ar, which require approximately 2 minutes of dealer burden per

transaction. This results in a per-respondent burden of approxima tely 8.6 hours annually to collect

and record information. The total annual bur den for all respondents is approximately 559 hours for 65 respondents (Table 5).

Anthrax-related products: In estimating the average re spondent burden related to the information collection components on anthrax-re lated products, EPA based the burden hour and cost estimates on its experience and information obtained from the consultation process and other

resources. The total annual burden for affected re gistrants for training and examination activities is estimated to be 50 hours, with an average burde n of 25 hours each for approximately 2 registrants (see Table 6). The total annual burden for record -keeping of persons trained and persons/entities to whom anthrax-related products are sold or di stributed is estimated to be 37 hours, with an average burden of 18.5 hours for each of 2 registrants (see Table 7).

6(b) Estimating Respondent Costs

Agency economists revised the estimated wa ges, benefits and overhead for all labor categories for affected industries, state gove rnment, and EPA employees based on publicly

available data from the US Bureau of Labor Stat istics. The formulas used to estimate the labor rates and formulas used to derive the fully loaded rates and overhead costs for this ICR renewal are

listed in Attachment H.September 27, 2010

Page 14 of 21 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 wa ge rates are used to calc ulate respondent costs.
This renewal uses 2009 data.

Unloaded Wage Rate Wages are estimated for labor types (m anagement, technical, and clerical) within applicable sectors. The Agency us es average wage data for the relevant

sectors available in the National Indust ry-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 Industr y Classification System (NAICS) code and

website for each sector is included in that sector’s wage rate table (see Attachment G). Within each sect or, the wage data are provided by Standard Occupational Classification (SOC). The SOC system is used by Federal statistical agencies to cl assify workers into occupational categories for the purpose of collecting, calculati ng, 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 civi lian 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.

The following tables illustrate the estimat ed burden and costs associated with the

information collection ac tivities of this program. For annua l report activities, the estimated average annual cost per particip ating State or other authorized agency is about $3,555, with the

total annual cost for all au thorized agencies estimate d to be $202,618 (Table 1).

The estimated average annual cost for certifyi ng commercial and private applicators in Indian Country is $5.42 per respond ent, with the total annual cost for all certified applicators estimated to be about $14,982 (Table 2).

The total annual respondent cost for all commer cial applicator record -keeping of restricted use pesticide applications in Indian Country is estimated at $319,901, with an average annual perrespondent cost of about $99 (T able 3). Record-keeping of a pplications by all commercial applicators under State authority has an estimated total annual cost of $41,567,435, based on the commercial applicator count of 421,000. Again, the average annual per-respondent cost is estimated to be about $99 (Table 4).

The estimated average annual cost per responden t for all RUP dealers in Indian Country to record sales and maintain records is $374.19, with the total annual cost for all 65 RUP dealers estimated to be approximately $24,322. This assu mes 250 RUP sales transactions per dealer per year, with 2 minutes required during each transa ction, or approximately 8.6 hours per respondentSeptember 27, 2010

Page 15 of 21 over the course of a year (Table 5).

For registrants of anthrax-rela ted products, the estimated averag e annual cost per registrant for training and examination materials is about $1 ,487, with the total annual co st for all registrants estimated to be almost $2,974 (Table 6). The estim ated average annual cost to these respondents for record-keeping activities is approximately $1,126 per registrant , with the total annual cost for all registrants estimated to be about $2,253 (Table 7).

Table 1. Average Annual Respondent Burden and Cost Estimates to Authorized Agencies for Annual Reports on Certification and Training Programs

Annual Burden Hours Per Respondent TOTALS Collection Activities

Tech. $56.65/hr Clerical $38.51/hr Hours Cost $ Read/hear rule or any collective instrument instruction (incl. compliance determination) 0.25 0 0.25 14.16

Create information 5 0 5 283.25

Gather information 5 0 5 283.25 Process, compile, review info for accuracy 1 0 1 56.65 Complete written forms or other instruments 0.5 0.5 1 47.58 Record, disclose, disp lay, or report the

information 20 45 65 2,865.95

Store, file, or maintain the information 0 0.1 0.1 3.85 TOTAL 31.75 45.6 77.35 3,554.69

TOTAL ANNUAL BURDEN: 77.35 hrs/re spondent x 57 respondents = 4,409 hrs TOTAL ANNUAL COST: $3,554.69/ respondent x 57 respondents = $202,618

Table 2. Average Annual Respondent Burden a nd Cost Estimates for Certified Applicators in Federal Programs (Indian Country) for Completion of EPA Form to Apply for
Certification

Annual Burden and Cost Per Respondent Collection Activities

Tech. Hours $31.85/hr Total Hours Cost $ Read/hear rule or any collective instrument instruction (incl. compliance determination) 0.07 0.07 2.23

Complete written forms or other instruments 0.10 0.10 3.19

TOTAL 0.17 0.17 5.42

TOTAL ANNUAL BURDEN: 0.17 hrs/re spondent x 2,767 respondents = 470 hrs TOTAL ANNUAL COST: $5.42/respondent x 2,767 respondents = $14,982September 27, 2010

Page 16 of 21 Table 3. Average Annual Respondent Burd en and Cost Estima tes for Commercial Applicators in Federal Programs (Indian Coun try) for Record-Keeping for Restricted Use Pesticide Applications

Annual Burden and Cost Per Respondent Collection Activities

Tech. Hours $31.85/hr Total Hours Cost $ Read/hear rule or any collective instrument instruction (incl. compliance determination) 0.2 0.2 6.37

Create information 2 2 63.70 Store, file, or maintain the information 0.9 0.9 28.67

TOTAL 3.1 3.1 98.74

TOTAL ANNUAL BURDEN: 3.1 hrs/re spondent x 3,240 respondents = 10,044 hrs TOTAL ANNUAL COST: $98.74/respondent x 3,240 respondents = $319,901

Table 4. Average Annual Respondent Burd en and Cost Estima tes for Commercial Applicators and Firms under Authorized Ag ency Programs for Record-keeping for Restricted Use Pesticide Applications

Annual Burden and Cost Per Respondent Collection Activities

Tech. Hours $31.85/hr Total Hours Cost $ Read/hear rule or any collective instrument instruction (incl. compliance determination) 0.2 0.2 6.37

Create information 2 2 63.70 Store, file, or maintain the information 0.9 0.9 28.67

TOTAL 3.1 3.1 98.74

TOTAL ANNUAL BURDEN: 3.1 hrs/re spondent x 421,000 respondents = 1,305,100 hrs TOTAL ANNUAL COST: $98.74/res pondent x 421,000 respondents = $41,567,435

Table 5. Average Annual Respondent Burden and Cost Estimates for Restricted Use Pesticide (RUP) Dealers in Federal Program s (Indian Country) for Record-Keeping
for RUP Sales

Annual Burden and Cost Per Respondent Collection Activities

Tech. Hours $43.51/hr Total Hours Cost $ Read/hear rule or any collective instrument instruction (incl. compliance determination) 0.2 0.2 8.70

Create information 6.3 6.3 274.11 Store, file or maintain the information 2.1 2.1 91.37

TOTAL 8.6 8.6 374.19

TOTAL ANNUAL BURDEN: 8.6 hrs/res pondent x 65 respondents = 559 hrs TOTAL ANNUAL COST: $374.19/responde nt x 65 respondents = $24,322September 27, 2010

Page 17 of 21 Table 6. Anthrax-related products: Average Annual Respondent (Registrant) Burden and Cost Estimates for Training and Examination Materials

Annual Burden Hours Per Respondent TOTALS Collection Activities

Tech. $60.88/hr Clerical $37.40/hr Hours Cost $ Read/hear PR Notice (guidance) 0.5 0 0.5 30.44 Develop Training & Examination Materials 20 0 20 1,217.60 Review information for accuracy 2 0 2 121.76 Submit training and exam materials to EPA 1 1 2 98.28 Record, store, and file the information 0 0.5 0.5 18.70 TOTAL 23.5 1.5 25 1,486.78

TOTAL ANNUAL BURDEN: 25 hrs/res pondent x 2 respondents = 50 hrs TOTAL ANNUAL COST: $1, 486.78/res pondent x 2 respondents = $2,974

Table 7. Anthrax-related products: Average A nnual Respondent (Registrant) Burden and Cost Estimates for Record-Keeping

Annual Burden and Cost Per Respondent Collection Activities

Tech. Hours $60.88/hr Total Hours Cost $ Read/hear PR Notice (guidance) 0.5 0.5 30.44

Gather and review information 10 10 608.80 Record, store, and file the information 5 5 304.40 Submit information, only if requested 3 3 182.64 TOTAL 18.5 18.5 1,126.28

TOTAL ANNUAL BURDEN: 18.5 hrs/res pondent x 2 respondents = 37 hrs TOTAL ANNUAL COST: $1,126.28/responde nt x 2 respondents = $2,253

6(c) Estimating Agency Burden and Cost

Certification Programs: Based on experience, the Agency has estimated the annual burden to the federal government to review the submissions of a nnual reports and applications for certification. The Agency’s total annual burden a ssociated with the certification of pesticide applicators program is estimated at 2,144 hours. The total annual cost to the Agency is estimated at $160,498. The burden and cost to the Agency have in creased from the estimates in the last ICR

renewal due to an increase in the numbe r of respondents in Indian Country.

Anthrax-related products: The Agency estimates the annual burden to the federal government to review the registra nts’ training material submissi ons to be 75 hours. The total annual cost to the Agency is estimated at $5,588.September 27, 2010

Page 18 of 21 Total Agency burden: The Agency estimates the total annual burden to the federal government associated with the certification of pe sticide applicators program and anthrax-related products training materials to be 2,219 hours. The total annual cost to the Agency for these reviews is $166,087.

Table 8a. Annual Agency Burden and Cost Esti mates - Burden to EPA Regional Offices for Indian Country Program and for Processing Annual Reports from Authorized Agencies Prior to Submission to Headquarters

Collection Activities Mgmt. hours $112.42/hr Tech. hours $74.51/hr Cler. hours $42.43/hr Total

Hours Cost $ Prepare Regional Reports - for Federal Programs in Indian Country 1 0 936 0 936 69,741.36

Answer respondent questions 7.1 228 0 235.1 17,786.46 Audit/review submissions 15 638 0 653 49,223.68 Reformat and distribute data 0 50 0 50 3,725.50 Store, file, or maintain the

information 0 17 3 20 1,393.96

TOTAL 22.1 1,869 3 1894.1 141,870.96

Table 8b. Annual Agency Burden and Cost Esti mates - Burden to Head quarters for Review of Submitted Annual Reports

Collection Activities Tech. Hours $74.51/hr Cost $ Answer respondent questions 116 8,643.16

Audit/review submissions 93 6,929.43

Reformat and distribute data 29 2,160.79 Store, file, or maintain the information 12 894.12

TOTAL 250 18,627.50

Table 8c. Annual Agency Burden and Cost Es timates - Burden to Headquarters for Review of Submitted Training and Examination Ma terials for Anthrax-related products

Collection Activities Tech. Hours $74.51/hr Cost $ Answer respondent questions 3 223.53

Audit/review submissions 60 4,470.60

Reformat and distribute data 6 447.06 Store, file, or maintain the information 6 447.06

TOTAL 75 5,588.25

1 For nine Regional Reports on federal programs in Indian Country with a burden of 104 hours of technical time per report. Although there are ten EPA Regional Offices, one Region has no federally recognized tribes. The plan for Navajo country will be included in the Region 9 Report.September 27, 2010

Page 19 of 21 6(d) Bottom Line Burden Hours and Cost Table

Table 9. Bottom Line Annual Burden and Cost Table

Respondent Total Burden

Hours Total Cost ($) States (Table 1) 4,409 202,618 Federal program - certified applicators (Tables 2 and 3) Table 2 14,982 14,997 Table 3 319,901 319,901 State-administered programs - co mmercial applicators (Table 4) 1,305,100 41,567,435 RUP dealer burden for record-keepi ng of RUP sales (Table 5) 559 24,322 Anthrax-related products - registrants (Tables 6 and 7) Table 6 2,974 2,974 Table 7 2,253 2,253 Respondent Total 1,320,669 42,134,484

Agency Total Burden

Hours Total Cost ($) EPA Regional Offices (Table 8a) 1,894 141,871 EPA Headquarters (Table 8b) 250 18,628 EPA Headquarters – review of re gistrant training materials for anthrax-related products (Table 8c) 75 5,588

Agency Total 2,219 166,087

6(e) Reasons for Change in Burden

The total estimated respondent burden for this renewal ICR reflects a net increase of 10,918 hours related to a program change: the expansion of the Federal certified applicator program from Navajo Indian Country to all of Indian Country, nationally.

6(f) Burden Statement

The annual burden for this collection is esti mated to average 0.17 hours - approximately 10 minutes - for each respondent to apply for certif ication in Indian Country, and 77.4 hours for each authorized agency to submit annual reports. Ce rtified commercial applicators have an annual average burden of 3.1 hours each for preparing and maintaining required reco rds of restricted use pesticide applications. For anth rax-related products, the annual burden for this collection is estimated to average 25 hours for each registra nt’s training activities, and 18.5 hours for each registrant to keep records.

According to the Paperwork Reduction Act, “b urden” means the total time, effort, or financial resources expended by persons to gene rate, maintain, retain, disclose, or provide information to or for a Federal agency. For this collection, it is the time reading the regulations, planning the necessary data collection activities, analyzing data, generating reports and completingSeptember 27, 2010

Page 20 of 21 other required paperwork, and storing, filing, an d maintaining the data. The agency may not conduct or sponsor, and a person is not required to respond to, a co llection of information unless it displays a currently valid OMB control number. The OMB control number for this information collection appears at the beginning and end of th is document. In addition OMB control numbers for EPA’s regulations, after initial display in the final rule, are liste d in 40 CFR Part 9.

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQOPP-2010-0723, which is available for online viewi ng at www.regulations.gov, or in person at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. This docket faci lity 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 automa ted collection techniques.

Submit your comments, referencing Dock et ID No. EPA-HQ-OPP-2010-0723 and OMB Control No. 2070-0029, to (1) EPA online using www. regulations.gov (our preferred method), or by mail to: Public Information and Records Integr ity Branch (PIRIB), Ma il Code: 7502P, Office of Pesticide Programs (OPP), Environmental Pr otection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, and (2) OMB by mail to: Office of Informa tion and Regulatory Affairs, Office of Management and Budget (OMB), Attenti on: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.September 27, 2010

Page 21 of 21 ATTACHMENTS TO THE SUPPORTING STATEMENT

Attachments to the supporting statement are availa ble in the public docket established for this ICR under docket identification number EPA-HQ-OPP- 2010-0723. These attachments are available for online viewing at www.regulations.gov or otherwise accessed as desc ribed in section 6(f) of the supporting statement, and as noted below.

Attachment A: 7 U.S.C. 136a(d) - FIFRA Section 3(d) - Also available at online at the US House of Representatives’ US Code website

Attachment B: 7 U.S.C. 136i - FIFRA Section 11 - Also available at online at the US House of Representatives’ US Code website

Attachment C: 40 CFR 171 - Certification of Pesticide Applicators - Also available

online at the National Archives and Records Administration’s Electronic

CFR Website

Attachment D: Pesticide Registration (PR) Notice 2008-2

- “Guidance for Antimicrobial

Pesticide Products With Anthrax-Related Claims.” Public comments and/or other supporting materials for this dr aft document are located in the docket for the PR Notice, which can be accessed at http://www.regulations.gov using the docket identifier EPA-HQ-OPP-2008-1004, or at http://www.epa.gov/PR_Notices/index.htm

. Attachment E: [Placeholder for Record of Consultations Between the U.S. Environmental Protection Agency and Respondents to the Information Collection Request: “Certification of Pesticide Applicators” ]
Attachment F: EPA Form 8500-17-N

- Request for Pesticide Applicator Certification in Navajo Indian Country - Also available online at http://www.epa.gov/oppfead1/safe ty/applicators/2007/navajo.htm

Attachment G: EPA Form 2070-XX-X

- Request for Pesticide Applicator Certification in Indian Country.

Attachment H: Wage Rate Tables for Commercial Pe sticide Applicators, Pesticide Registrants, State Government, and EPA