November 8, 2011

SUPPORTING STATEMENT FOR

AN INFORMATION COLLECTION REQUEST (ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection 

Application and Summary Report for an Emergency Exemption for Pesticides

OMB No.: 2070-0032 EPA No.: 0596.08

1(b) Short Characterization/Abstract

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

currently approved by OMB and is due to expire July 31, 2012. Section 18 of the Federal 

Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizes the Environmental Protection 

Agency (EPA) to grant emergency exemptions to states and Federal agencies to allow an 

unregistered use of a pesticide for a limited time if EPA determines that emergency conditions 

exist. A Section 18 action arises when growers and others encounter a pest problem on a site for 

which there is either no registered pesticide available, or for which there is a registered pesticide 

that would be effective but is not yet approved for use on that particular site. Section 18 also 

allows EPA to grant unregistered pesticide use exemptions for public health and quarantine 

reasons. 

Most requests for emergency exemptions are made by state lead agricultural agencies, 

although agencies such as the United States Departments of Agriculture (USDA), Defense 

(DOD) and Interior (USDI) also request exemptions. This process is generally initiated when 

growers in particular regions identify an urgent, non-routine situation which registered pesticides 

will not alleviate. The growers contact their state lead agency (usually a state’s department of 

agriculture) and request that the state agency apply to EPA for a Section 18 emergency

exemption for a particular use. The state agency evaluates the requests and submits requests to 

EPA for emergency exemptions they believe are warranted. The uses are requested for a limited 

period of time to address the emergency situation only.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

This information collection allows the Agency to access needed data to expeditiously

make statutory determinations to grant or deny a section 18 request. Unexpected changes in 

climatic conditions, development of pest resistance and/or importation of pests are some of the 

unpredictable situations that could give rise to a section 18 emergency exemption request. In

these situations there is an immediate need for a pesticide for a use for which it is not registered 

and for which there is insufficient time to obtain registration.

Requests for Section 18 emergency exemptions, i.e., the submission of applications, are 

at the discretion of a state, U.S. territory, or federal agency. Should one of these entities apply 
November 8, 2011

for an emergency exemption, EPA requests the information and data identified under Section 

4(b) “Information Requested” of this supporting statement. If EPA determines that conditions 

exist which require an exemption and the risks are acceptable, EPA typically approves the 

emergency exemption request. EPA will deny an exemption request if the pesticide use may

cause unreasonable adverse effects to human health or the environment, or if emergency criteria 

are not met. A state may withdraw an exemption request at any point in the process.

In unpredictable emergency situations when insufficient time for a formal section 18 

application and review process is available to address the problem, a state agency may issue a 

crisis exemption which allows for the immediate use of an unregistered pesticide for no longer 

than 15 days, unless an application for the specific exemption request has been submitted to 

EPA.

The state issuing the crisis exemption must coordinate the declaration with EPA prior to 

releasing it to the users. EPA performs a cursory review of the use to ensure there are no 

concerns. If any concerns are noted, EPA confers with the state and under extreme cases may

not allow a crisis to be declared. If the state follows up the crisis with, or has already submitted, 

an emergency exemption request, the use may continue under the crisis until EPA has made a 

decision on the request. EPA must establish the appropriate time-limited tolerance(s) required 

by the Federal Food, Drug and Cosmetic Act (FFDCA) for any pesticide uses to commercial 

agricultural items under emergency exemptions, including crisis exemptions.

EPA receives an average of approximately 159 section 18 requests per year. Producers 

of minor crops are especially reliant on the emergency exemption program. Less frequently, 

emergency exemption applications are submitted in order to combat pests which pose a threat to 

public health. Other pests of national importance include zebra mussels and varroa mites. The

section 18 emergency exemption program is also supporting the stink bug invasive species 

agricultural initiatives.

On January 27, 2006, EPA published a final rule (71 FR 4495) revising the regulations 

governing emergency exemptions. EPA received considerable stakeholder involvement and 

identified several opportunities to streamline and improve the pesticide emergency exemption 

process without compromising protection for human health and the environment The new 

section 18 rule became effective on March 28, 2006. The final rule, 40 CFR part 166, contains 

two primary revisions to the application, review and approval process for specific exemptions. 

Section 18 of FIFRA (see Attachment A) states in part that, "The Administrator may, at 

[his/her] discretion, exempt any federal or state agency from any provision of this Act if [s]he 

determines that emergency conditions exist that require such exemption". Under this provision, 

EPA may temporarily authorize federal or state agencies to allow use of pesticide products under 

emergency conditions. Detailed regulations regarding the procedures for emergency exemptions 

are contained in 40 CFR Part 166 (see Attachment B).

Section 408 of the Federal Food, Drug, and Cosmetic Act (see Attachment C) requires 

that EPA establish tolerances, or maximum legal limits for all pesticide residues in food, 

including those resulting from Section 18 emergency uses. Tolerances established for 

emergency exemptions are time-limited to correspond to the use season or multiple use seasons. 
November 8, 2011

Thus, data collected under this collection also allows the Agency establish tolerances or 

tolerance exemptions for section 18 emergency actions. When the Agency establishes a 

tolerance, there must be a finding that there is “reasonable certainty that no harm” will result to 

human health from aggregate and cumulative exposure to the pesticide, as required by the healthbased standard. For section 18 actions, these Agency tolerance setting activities decisions must 

be conducted in a timely manner, and their expiration dates, are established by a final rulemaking 

published in the Federal Register. The time-limited tolerances for pesticide emergency

exemptions are codified at 40 CFR 176, see Attachment D. 

2(b) Practical Utility/Users of the Data

EPA uses the information collected to carry out its statutory responsibilities under FIFRA

section 18. This data collected allows EPA to evaluate an application for a permit for the 

temporary use of a pesticide product for an unregistered use and whether such use will mitigate 

an emergency situation. Generally, the data submitted must support the Agency’s evaluation of 

whether: 1) an emergency exists; 2) use of the pesticide under the exemption will be protective 

of human health and the environments; and 3) the requested product’s effectiveness in allaying

the emergency. The application and follow-up reporting is essential to weighing the emergency

nature of the situation as well as the effectiveness, risks of the treatment program, and comparing 

the cost impacts based on the new tiered thresholds for significant economic loss determination. 

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Non duplication

This information collection activity is unique and is administered by EPA pursuant to 

FIFRA. The possibility of duplication does not exist by any other federal agency. 

3(b) Public Notice and Opportunity to Comment

In preparing the renewal for this ICR, EPA published a notice in the Federal Register (72 

FR 30794) on June 4, 2007 which provided a 60-day public notice and comment period on the 

draft ICR. The Agency did not receive any public comments on the draft renewal ICR. 

3(c) Consultations

Consultation and/or dialogue between states and the Agency during the submission and 

review of an application are frequent and ongoing. Questions or consultations pertaining to a 

particular submission are addressed in meetings or telephone conversations with the applicant 

and do not necessarily occur at specified intervals. In addition to communications regarding 

specific exemption requests, Agency staff participates in stakeholder training workshops with 

state pesticide regulatory representatives. These communications permit an exchange of 

problems and questions on the program in general and other relevant issues. For example, OPP 

staff members conducted a series of training workshops at headquarters and several regional 

locations for stakeholders. Consultations responses will be posted during the second comment 

period. See Attachment E.
November 8, 2011

3(d) Effects of Less Frequent Collection

As discussed above, there is no collection schedule for this information collection 

activity, per se. State and federal agencies initiate the information collection activity when they

prepare an emergency exemption application for submission to EPA. State and federal agencies 

determine the frequency in which to pursue an emergency exemption request with EPA. EPA 

does not solicit or request the exemption application.

3(e) General Guidelines

EPA requires the states to maintain records of the first food use of a pesticide under an 

emergency exemption for two years following the date of expiration. Generally, an applicant for 

an emergency exemption is not required to maintain data beyond the date that the summary

report has been received by the Agency. Therefore, the OMB guidelines codified in 5 CFR 

1320.6 indicate that data, other than health, medical, or tax records, need not be retained for 

more than three years and will not be exceeded in this program.

3(f) Confidentiality

Although the EPA urges the submitter to minimize the amount of claimed Confidential 

Business Information (CBI), certain limited all data and/or information brought to the Agency in 

conjunction with this rule may be claimed as trade secret, or commercial or financial information 

and will be protected from disclosure by the EPA under FIFRA section 10 and the associated 

regulation as contained in 40 CFR Part 2, Subpart B. In general, EPA works to make 

information relative to section 18 decisions and supporting data easily available to the public 

(e.g. web site postings of program information, and public distribution of decision documents). 

Growers and industry stakeholders need to be made aware of section 18 exemptions. Thus, as a 

rule, claims of confidentiality are not made on emergency exemption applications. On certain 

rare occasions, the manufacturer of the requested producer may have product formulation 

information that is necessary to protect CBI. 

When trade secret information or Confidential Business Information is provided to the 

Agency, such information is protected from disclosure under FIFRA Section 10, as amended and 

EPA's confidentiality regulation, Title 40 CFR, Subpart B. Data submitted to the Agency are 

handled strictly in accordance with the FIFRA CBI Security Manual. This manual contains 

instructions relative to all contact with confidential documents, including responsibility of EPA 

employees; physical security measures; CBI materials within EPA, such as CBI typing 

procedures (documents typed internally or on contract); and division internal procedures. The 

manual dictates that: (1) all CBI must be marked or flagged as such , (2) all CBI must be kept in 

secure, double-locked areas, and (3) all CBI for destruction must be cleared by a document 

control officer and placed in the Office of Prevention, Pesticides and Toxic Substances paper 

shredder.

3(g) Sensitive Questions

No information of a sensitive or private nature is requested in conjunction with this 
November 8, 2011

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

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

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

Respondents affected by the collection activities under this ICR are federal and state 

agencies which regulate pesticides or pesticide products. The North American Industrial 

Classification System (NAICS) code assigned to the states and federal government agencies 

responding to this information is 9241, The Administration of Environmental Quality Programs 

subsector groups of government establishments primarily engaged in the administration of 

environmental quality. Section 2(aa) of FIFRA defines State to include any of the 50 States, the 

District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, 

Guam, the Trust Territory of the Pacific Islands, and American Samoa. 

4(b) Information Requested

To apply for an exemption, an application must be submitted in writing by the head of a 

federal or state agency, the Governor of the state involved, or their official designee. If a 

designee has been delegated authority to request exemptions, written authorization of such 

delegation must accompany the request or be on file with the EPA.

Applications for specific, quarantine, or public health exemptions must contain the 

following information:

Identity of contact 

person(s)

Name and telephone number of one or more qualified experts who may be 

contacted if questions arise concerning the application.

Description of the 

pesticide

Description of pesticide(s) proposed for the use under the exemption. 

For a federally registered pesticide:

 registration number and name of pesticide product (if a specific product 

is requested), or formulation(s) requested (if a specific product is not 

desired), and

 copy of any additional labeling proposed for the emergency exemption.

For an unregistered pesticide product, copy of:

 EPA Form No. 8570-4 Confidential Statement of Formula (or reference 

to one already submitted to the Agency), and 

 Complete labeling to be used in connection with proposed use.
November 8, 2011

Description of the 

proposed use

Application must identify all of the following: 

 sites to be treated, including locations within the state,

 method of application,

 rate of application of active ingredient and product,

 total acreage or other appropriate unit proposed to be treated,

 total amount of pesticide proposed to be used (active ingredient and 

product), and

 all applicable restrictions and requirements concerning proposed use and 

qualifications of applicators using the pesticide.

Alternative 

methods of control

Detailed explanation of why the pesticide(s), currently registered for the 

particular use proposed in the application, is not available in adequate supplies 

and/or effective to the degree needed to control the emergency. If the applicant 

states that an available registered pesticide is ineffective for the given situation, 

the statement must be supported by field data that demonstrate this, or if such 

data are unavailable, statements by qualified agricultural experts, extension 

personnel, university personnel or other persons similarly qualified in the field 

of pest control. In addition, a detailed explanation must be provided of why 

alternative practices, if available, either would not provide adequate control or 

would not be economically or environmentally feasible.

Effectiveness of 

proposed use

Application must contain data, discussion of field trials, and other evidence that 

provide the basis for the conclusion that the proposed pesticide treatment will be 

effective in dealing with the emergency.

Discussion of 

residues for food 

uses

If proposed use is expected to result in residues of the pesticide in or on food or 

feed, application must list the food likely to contain such residues and must 

contain an estimate of the maximum amount of the residue likely to result from 

the proposed use, together with the information on which such estimates are 

based.

Discussion of risk 

information

Potential risks to human health, endangered species, beneficial organisms, and 

the environment expected to result from the proposed use, together with 

references to data and other supporting information.

Coordination with 

other affected state 

or federal agencies.

If the proposed pesticide use is likely to be of concern to other federal or state 

agencies, application must indicate that such agencies have been contacted prior 

to submission of the application, and any comments received from such 

agencies must be submitted to EPA.

Notification of 

registrant or basic 

manufacturer.

Statement that the registrants of all pesticide products proposed for use or, if 

appropriate, the basic manufacturer, support the request for a specific, 

quarantine, or public health exemption.

Description of 

proposed 

enforcement 

program.

Explanation of the authority of the applicant or related state or federal agency 

for ensuring that use of the pesticide under the proposed exemption would 

comply with any special requirements imposed by EPA and a description of the 

program and procedures for assuring such compliance.
November 8, 2011

Progress toward 

registration. 

Prior to submitting an application for a repeat specific or public health 

exemption, the federal or state agency must contact the registrant regarding the 

progress being made toward registration of the proposed use and include this 

information in the section 18 application. This information must also include a 

summary of study deficiencies and data gaps, and registrant's timetable for 

completing requirements for registration.

In addition, the following information must be provided:

For a specific 

exemption

All of the following, as appropriate, must be provided concerning the nature of 

the emergency:

 scientific and common name of the pest or pest complex;

 events that brought about the emergency condition;

 anticipated risks to endangered or threatened species, beneficial 

organisms, or the environment that would be remediated by the proposed 

use of the pesticide; and

 anticipated significant economic loss that would occur without the use of 

the requested registered pesticide, together with data and other 

supporting information, that addresses the historical net and gross 

revenues for the site, the estimated net and gross revenues for the site 

without use of the proposed pesticide, and the estimated net and gross 

revenues for the site with use of the proposed pesticide.

For a quarantine 

exemption

A quarantine exemption may be authorized in an emergency condition to 

control the introduction or spread of any pest new to and therefore known to be 

widely prevalent or distributed within and throughout the United States and its 

territories. The application for the quarantine exemption must include the 

following information:

 scientific and common name of the pest or pest complex;

 origin of the introduced pest and the means of its introduction and spread 

into the area, if known.

 economic impact of controlling versus not controlling the pest via the 

proposed pesticide treatment.

For a public health 

exemption

 Scientific and common name of pest or pest complex; if the pest is a 

vector, a description of the disease it is expected to transmit; and 

 magnitude of the health problems that are expected to occur without the 

pesticide use; and availability of medical treatment for the health 

problem.
November 8, 2011

For a crisis 

exemption, only the 

following 

information must be 

provided:

The state or federal agency issuing the crisis exemption must coordinate any 

crisis declaration in advance with EPA prior to initiating the use. The notice 

must include:

 name of active ingredient authorized for the crisis use, including the 

common name and the Chemical Abstracts Service (CAS) number;

 crop or site on which the pesticide is to be used;

 use pattern (method, number, and rate of applications);

 dates that applications started or will begin and end;

 an estimate of the level or residues of the pesticide expected to result 

from use under the crisis exemption (for food crops); and

 discussion of the emergency situation and any other pertinent 

information available at the time, including why time was insufficient to 

request a specific or quarantine exemption, and intentions with respect to 

requesting a specific exemption for this use.

4(c) Data Items, Including Record keeping requirements

EPA Form No. 8570-4, Confidential Statement of Formula, (Attachment F) is the single 

form associated with either application for, or summary reports on, an emergency exemption. To 

comply with the reporting and record keeping requirements for specific, quarantine, and public 

health exemptions, the exemption holder must provide the following data items to EPA:
November 8, 2011

Unexpected 

adverse effects 

information

Any unexpected adverse effects resulting from the use of a pesticide under a 

crisis, specific, quarantine, or public health exemption must be reported 

immediately to the Agency.

Final reports A report summarizing the results of pesticide use under a specific, 

quarantine, and public health exemption must be submitted to EPA within 

six months of the expiration of the exemption unless otherwise specified by 

the Agency. The information in this report must include the following:

 total acreage, amount of commodity or other unit treated and the total 

quantity of the pesticide used;

 discussion of the effectiveness of the pesticide in dealing with the

emergency condition;

 description of any unexpected adverse effects that resulted from the 

use of the pesticide under the exemption;

 results of any monitoring required and/or carried out under the 

exemption;

 any enforcement actions taken in connection with the exemption;

 method(s) of disposition of food crops, if required to be destroyed; and

 any other information requested by the Administrator.

Records Records for all treatments involving the first food use of a pesticide will be 

maintained by the state or federal agency for which an emergency

exemption was granted for a minimum of two years following the date of 

expiration of the exemption. On request by EPA, these records must be 

made available to the Administrator. Records must include the following;

 locations where the pesticide was applied;

 dates of application (range); and

 total quantity of the pesticide used.

4(d) Applicant Activities

To obtain a permit to use an unregistered pesticide product under emergency conditions, 

an applicant must petition EPA in writing and provide information addressing the data items 

listed above and commit to the submission of the summary report on the action taken to meet the 

emergency Section 18 Emergency Exemption applications are submitted to the Risk Integration 

Minor Use, and Emergency Response Branch (Mail Code 7505P), Registration Division, Office 

of Pesticide Programs, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue., 

N.W., Washington, D.C., 20460.

In order to participate in the program, the applicant must:

 Read germane FIFRA requirements and CFR regulations.

 Process, compile, and review the requested data for accuracy and appropriateness.

 Generate application correspondence and follow-up summary report.

 Store, file or maintain the information.
November 8, 2011

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

On October 25, 2000, EPA published a Final Rule in the Federal Register (65 FR 64125) 

entitled “Time-Limited Tolerances for Pesticide Emergency Exemptions.” This rule, which 

became effective on November 24, 2000, set into place a process to ensure timely decisions on 

any tolerance-related issue in response to a request for an emergency exemption for a pesticide to 

be used on food or feed. Under this rule, time-limited tolerance petitions related to FIFRA 

Section 18 are evaluated on a case-by-case basis to determine if adequate reliable data are 

available to make the required safety finding mandated under FFDCA Section 408 and FQPA.

Applications for emergency exemptions are submitted by U.S. states and territories, and 

federal agencies at their discretion. These applications are received by the Office of Pesticide 

Programs (OPP), Registration Division, Risk Integration, Minor Use, and Emergency Response 

Branch, where they are reviewed for completeness. The application package is routed to 

scientists and economists within OPP to determine whether the proposed emergency exemption 

is warranted, that there is “reasonable certainty of no harm” to human health resulting from 

aggregate and cumulative exposure, and that it presents no undue hazard to humans or the 

environment. Once the determinations are made, the applicant is notified in writing. The 

tolerance is published in the Federal Register. 

The Agency conducts the following activities when responding to an emergency

exemption application under FIFRA section 18:

 Route the application/report to appropriate scientists and economists for review.

 Review information submitted for scientific accuracy.

 Perform a biological, ecological, and economic analysis and a multi-disciplinary risk 

assessment of the requested use and then forward a regulatory recommendation on the 

proposed exemption along with a draft notification to EPA management. 

 Make the FQPA finding of “reasonable certainty of no harm” to human health resulting 

from aggregate and cumulative exposure. Establish a time-limited tolerance if required.

 Conduct an assessment of the progress toward registration for the requested use.

 OPP Director (or designee) makes final decision.

 Notify applicant of decision.

 Prepare and publish Federal Register Notice (for applicable food use requests).

 Record electronic data in Agency's data system and internet cite.

5(b) Collection Methodology and Management

When applications for emergency exemptions are received by EPA, they are jacketed and 

filed by the name of the state, territory or federal agency, by the date, and by the number of the 

submission for that entity. The application is tracked in EPA’s data system as an active pending 

request through the determination process, and subsequent receipt of the summary report, after 

which the exemption becomes a historical file and the regulatory action is closed.
November 8, 2011

5(c) Small Entity Flexibility

No flexibility for small entities exists under this information collection activity. Section 

18 of FIFRA applies directly only to State, territorial, and federal government agencies; it does 

not apply to other entities. States are not “small entities” as defined by the Regulatory Flexibility

Act.

5(d) Collection Schedule

There is no collection schedule associated with this information collection activity, per 

se. This information collection activity is initiated by the States or by certain federal agencies 

when they determine that they are confronted with an emergency situation and subsequently

submit an emergency exemption application to EPA under FIFRA Section 18. 

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

The total annual response burden associated with submitting an application for 

Emergency Exemption (Section 18) is estimated to be 49,500 burden hours per year at a cost of 

$2,472,770 indexed to 2006 dollars for the next three years. The number of applications 

received by EPA has decreased from an average of 494 per year for the years 2004 - 2006 to an 

average of about 159 per year for the years ranging from 2008 - 2010. The important trends seen 

in the applications received in the past three years are:

 the successful transition of a high number of minor crop section 18 programs to full 

registrations and tolerances under section 3 labels;

 there are continuing pest management challenges that are national in scope that trigger 

emergency exemption requests (e.g. the use of potassium salt of hop beta acids and 

fenpyroximate in beehives to control varroa mite; expanding reliance on section 18 

programs to plan for and respond to agricultural species threats - such as invasive stink 

bugs and quarantine exemptions to control invasive mussel species.

The Agency expects that some of these factors will persist and projects that it will process an 

average of 159 applications annually for the next three years. 

6(b) Estimating Respondent Costs 

Agency economists revised the estimated wages, benefits and overhead for all labor categories 

for affected industries, state government, and EPA employees based on publicly available data 

from the US Bureau of Labor Statistics. The formulas used to estimate the labor rates and 

formulas used to derive the fully loaded rates and overhead costs for this ICR are listed in 

Attachment G. 

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

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

benefits), and the Fully loaded wage rate (loaded wage rate + overhead). Fully loaded wage 
November 8, 2011

Page 12 of 16

rates are used to calculate respondent costs. 

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

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

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

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

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

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

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

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

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

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

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

http://www.bls.gov/news.release/ecec.t01.htm. However, if other sectors are listed for which 43% 

is not applicable; the applicable percentage will be stated.

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

70%) to get overhead costs.

For Section 18 emergency exemption requests, the state government is the applicant and 

the only respondent. Labor rates for the applicant are based on NAICS 999200, State 

Government. To derive the labor rates for Section 18 applicants, EPA estimated the wages for 

the management, technical, and clerical activities using the methodology described above. The 

fully loaded wage rates used to calculate the state respondent costs for this ICR are estimated at 

$82.63, $57.68, and $39.20 per hour, which are the state government wage rates for managerial, 

technical, and clerical labor hours, respectively. Table 1 shows the total burden hours for each 

respondent collection activity by labor category and the total costs of each activity based on the 

wage rates. For example, the total cost for the state applicant to “Read FIFRA and FQPA 

requirements and CFR regulations” is $561, calculated as 4 hours of managerial labor at $82.63 

per hour plus 4 hours of technical labor at $57.68 per hour. In total, the burden hours for 

completing a Section 18 application are estimated at 99 hours, 4 managerial hours, 93 technical 

hours, and 2 clerical hours. Using this burden estimate and the fully loaded wage rates for state 

governments, the Agency estimated the applicant labor costs to be approximately $5,774 per 

response. 
November 8, 2011

Page 13 of 16

Table 1. FIFRA §18 – Applicant (State Government) Burden Hours and Cost Estimates per 

Emergency Exemption Request

COLLECTION ACTIVITY

Burden per application (hours) 1 Total

Managerial

$82.63/hr

Technical

$57.68/hr

Clerical

$39.20/hr Hours Costs ($)

Read FIFRA and FQPA requirements 

and CFR regulations 4 4 0 8 $ 561

Process, compile, and review the 

requested data for accuracy and 

appropriateness

0 74 0 74 $ 4,269

Generate application correspondence 

and follow-up summary report 0 15 0 15 $ 865

Store/maintain/submit information 0 0 2 2 $ 78

Totals 4 93 2 99 $ 5,774

1 Hourly wages rates are fully loaded wage rates based on NAICS 999200 – State Government, 

from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See Attachment H for wage 

calculations. 

2

Totals may not sum due to rounding.

Each year, there are approximately 159 Section 18 requests from states. At 99 hours per request, 

the total annual burden to state government applicants of filing Section 18 applications is 

approximately 15,740 hours. Table 2 shows the calculations for total annual costs. The total 

management, technical, and clerical hours are multiplied times the annual number of requests 

and by the fully loaded wage rates to get total annual respondent costs of $917,993 for filing 

Section 18 applications (See Table 2).

Table 2. FIFRA §18 – Total Annual Applicant (State Government) Burden Hours and Cost 

Estimates

Labor 

Category

Total Burden 

Hours per 

Request

Number of 

applications

Total Annual 

Hours

Labor Rate 

($/hr) Costs ($)

Managerial 4 159 636 $82.63 $ 52,551

Technical 93 159 14,787 $57.68 $ 852,975

Clerical 2 159 318 $39.20 $ 12,466

Totals 99 159 15,741 --- $ 917,993

6(c) Estimating Agency Burden and Cost

The estimated cost to the federal government of the Section 18 Emergency Exemption 

was calculated by using the method described above for this revision. The TAIS data displayed 

in Table 6 indicate that the estimated number of Agency FTE’s dedicated to Section 18 

emergency exemption activities is approximately 0.7 managerial FTEs, 6.3 technical FTEs, and 

0.5 clerical FTEs, for total of 7.6 FTEs allocated to emergency exemption activities.

 
November 8, 2011

Page 14 of 16

Table 6. Distribution of Agency FTEs Supporting Section 18 Activities 1

FTE Type AD BEAD BPPD EFED HED RD PRD OPP 

Total1

Managerial 0.0 0.2 0.0 0.0 0.0 0.5 0.0 0.7

Technical 0.1 1.4 0.1 0.3 0.1 4.3 0.0 6.3

Clerical 0.0 0.1 0.0 0.0 0.0 0.3 0.0 0.5

Totals 0.1 1.7 0.1 0.4 0.1 5.1 0.0 7.6

1 OPP Total is rounded up to the next FTE.

Using total burden hours of 2,080 per FTE, the total annual Agency burden hours for 

Section 18 activities are approximately15,751 per year, averaged over the years 2008-2010. 

Table 7 shows the breakdown of these burden hours into managerial, technical, and clerical and 

the calculations for deriving total Agency cost. Multiplying the 2010 fully loaded hourly wage 

rates for managerial, technical, and clerical hours by the respective burden hours in each 

category, the annual cost total annual Agency cost of the Section 18 program is approximately

$1.17 million. 

Table 7. OPP Hours by employment class, hourly wage rate, and total costs

FTE Type FTEs 

(rounded)

Hours / 

FTE

Total 

burden 

hours

Fully loaded 

wage rates 

($/hr) 1

Annual 

per FTE 

cost

Total Cost

Managerial 0.7 2,080 1,522 $ 120 $ 249,285 $ 182,415

Technical 6.3 2,080 13,158 $ 72 $ 148,881 $ 941,849

Clerical 0.5 2,080 1,071 $ 43 $ 89,875 $ 46,274

OPP totals 7.6 15,751 $ 1,170,538

1

See Attachment H for data sources and calculations of fully loaded wage rates.

 

6(d) Bottom Line Burden Hours and Cost Tables

Table 10. FIFRA §18 - Total Burden and Cost Estimates for Applications and Summary 

Report for Emergency Exemption

Previous Estimates Current Estimates

Hours Costs Hours Costs

Respondents (state governments) 49,500 $ 2,472,770 15,741 $ 917,993

Agency 54,000 $ 3,637,575 15,751 $ 1,170,538

Total 103,500 $6,110,345 31,492 $ 2,088,530

6(e) Reasons for Change in Burden

There is no change in the estimated respondent burden hours per application for this 

information collection activity from the former ICR. The fully loaded hourly wage rates were 

updated which caused a slight increase in the respondent burden cost per application. However, 

the total annual respondent burden cost has decreased due to a change in the average number of 
Page 15 of 16

Section 18s requested per year from 494 to 159. For the next renewal cycle the Agency projects 

it will receive approximately 159 Section 18 applications each year over the next three years. 

The Agency believes that respondents will experience some burden reduction over the next three 

years due to the streamlined recertification process for Section 18 applications discussed in 

Section 2 of this document. For example, during the 2010 use season, EPA identified 97 

exemptions that were eligible for the less data-intensive application process through the 

recertification program. Further, in 2010, the Agency made registration decisions for 36 use 

determinations which negated the need for additional applications to be submitted for those same 

uses. Although EPA expects the streamlined recertification process will result in some burden 

reduction, there is insufficient information available to the Agency at this time to fully assess the 

impact of these changes. 

6(f) Burden Statement

The annual respondent burden for collection of information associated with the rule is 

estimated to average 99 hours per application. According to the Paperwork Reduction Act, 

“burden” means the total time, effort, or financial resources expended by persons to generate, 

maintain, retain, or disclose or provide information to or for a Federal agency. For this 

collection, it is the time reading the regulations, planning the necessary data collection activities, 

conducting tests, analyzing data, generating reports and completing other required paperwork, 

and storing, filing, and maintaining the data. The agency may not conduct or sponsor, and a 

person is not required to respond to, a collection of information unless it displays a currently

valid OMB control number. The OMB control number for this information collection appears at 

the beginning and the end of this document. In addition OMB control numbers for EPA’s 

regulations, after initial display in the final rule, are listed in 40 CFR part 9.

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQOPP-2007-0320, which is available for online viewing at www.regulations.gov, or in person 

viewing at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South 

Building), 2777 S. Crystal Drive, Arlington, VA. This docket facility is open from 8:30 a.m. to 4 

p.m., Monday through Friday, excluding legal holidays. The docket telephone number is (703) 

305-5805. You may submit comments regarding the Agency's need for this information, the 

accuracy of the provided burden estimates and any suggested methods for minimizing 

respondent burden, including the use of automated collection techniques.

Submit your comments, referencing Docket ID No. EPA-HQ-OPP-2007-0320 and OMB 

Control No. 2070-0032, to (1) EPA online using www.regulations.gov (our preferred method), or 

by mail to: Public Information and Records Integrity Branch (PIRIB), Mail Code: 7502P, Office 

of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, 

Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, 

Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, 

NW, Washington, DC 20503.
Page 16 of 16

ATTACHMENTS TO THE SUPPORTING STATEMENT

Attachments to the supporting statement are available in the public docket established for this 

ICR under docket identification number EPA-HQ-OPP-2007-0737. These attachments are 

available for online viewing at www.regulations.gov or otherwise accessed as described in 

section 6(f) of the supporting statement.

Attachment A: 7 U.S.C. 136p - Section 18 of the Federal Insecticide, Fungicide, and 

Rodenticide Act. Also available at online at the US House of 

Representatives’ US Code website

Attachment B: 40 CFR Part 166 - Exemption of Federal and State Agencies for Use of 

Pesticides under Emergency Conditions. Also available online at the 

National Archives and Records Administration’s Electronic CFR Website

Attachment C: 21 U.S.C 346a - Tolerances and exemptions for pesticide chemical 

residues, FFDCA section 408. Also available at online at the US House of 

Representatives’ US Code website

Attachment D: 40 CFR Part 176 - Time-Limited Tolerances for Pesticide Emergency 

Exemptions. Also available online at the National Archives and Records 

Administration’s Electronic CFR Website

Attachment E: Reserved

Attachment F: EPA Form No. 8570-4 - Confidential Statement of Formula. Also 

available online at http://www.epa.gov/opprd001/forms/8570-4.pdf

Attachment G: State Government and EPA Labor Wage Formulas

Attachment H: Display Related to OMB Control #2070-0032 -Listings of Related 

Regulations in 40 CFR 9.1