February 4 , 2011

Page 1 of 17 SUPPORTING STATEMENT FOR AN INFORMATION COLLECTION REQUEST (ICR)
1. IDENTIFICATION OF THE INFORMATION COLLECTION 1(a). Title of the Information Collection Worker Protection Standard Training and Notification
OMB No.: 2070

- 0148; EPA No.: 1759.0 6 1(b). Short Characterization/Abstract This information collection request (ICR) estimates the third part y response burden of paperwork activities under the Worker Protection Standard (WPS) requirements, codified under 40 Code of Federal Regulations (CFR) Part 170. The Environmental Protection Agency (EPA, or the Agency) is responsible for the regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The WPS establishe s requirements to protect agricultural workers and pesti cide handlers from hazards of pesticides used on farms, on forests, in nurseries and in greenhouses. The regulations contain the standard and workplace practices, which are designed to reduce or eliminate worker exposure to pesticides and establish proced ures for responding to exposure - related emergencies. The practices include prohibitions against applying pesticides in a way that would cause exposure to workers and others; a waiting period before workers can return to areas treated with pesticides (restricted entry interval); basic safet y training (and voluntary training verification) and posting of information about pesticide hazards, as well as pesticide application information; arrangements for the supply of soap, water, and towels in case of pesticide exposure; and provisions for emergency assistance. The training verification program facilitates compliance with the training requirements by providing a voluntary

method for employers to verify

that the required safety

information has been provided to wo rkers and handlers.
In formation is exchanged between agricultural employers and employ ees at farm, forest, nursery and greenhouse establishments to ensure worker safet y. No information is collected by the Agency

under this I CR. It is estimated that the annual response burden is approximately 1.8 million hours valued at $82.5 million.

NEED FOR AND USE OF THE COLLECTION 2(a). Need/Authority for the Collection In accordance with FIFRA Section 25 (Attachment A), the Agency issued final regulations on August 21, 1992, revising the WPS at 40 CFR 170 (Attachment B). The WPS at 40 CFR Part 170 is designed to reduce the risks of illness or injury resulting from worker s’ andFebruary 4 , 2011

Page 2 of 17 handlers’ occupational exposure to pesticides used in the production of agricultural plants on farms or in nurseries, greenhouses, and forests and also from the accidental exposure of workers and other persons to such pesticides. It requires workpla ce practices designed to reduce or eliminate exposure to pesticides and establishes procedures for responding to exposure

- related emergencies. The notification and training requirements are necessary to provide agricultural workers and pesticide handlers w ith the information they need to protect themselves from pesticide poisoning and other injuries. 2(b). Practical Utility/Uses of the Data Basic pesticide safety

information/training, instructions on safe operations and repair of equipment, notification regarding use of specific pesticides, and the applicability of exceptions/exemptions to WPS reentry restrictions provide agricultural workers, pesticide handlers, agricultural employ ers, and medical personnel with basic information so they are more informe d and better prepared to take precautionary or responsive measures, as appropriate. This training and notification are targeted to agricultural workers who perform tasks related to the cultivation and harvesting of plants in areas treated with pesticides, and pesticide handlers who mix, load, and apply

pesticides for use in these areas. Training verification certificates have been produced by the Agency

for authorized trainers to issue to workers and handlers once they have completed the WPS training requ irements. The EPA training verification program is a voluntary program and the issuance of the training verification cards is not a WPS requirement. However, agricultural employers are relieved of the responsibility of safety training if their agricultural workers and pesticide handlers possess valid EPA training verification cards. Participating States issue the cards to qualified training providers within the State. The program is intended to assist in substantiating WPS pesticide safet y training, minim ize the need for retraining (given the migrant nature of much of the workforce), offer an uncomplicated sy stem for verifying training, provide a means for training qualit y control, and allow states flexibility in administering the program.

NON
- DUPLICATI ON, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3(a). Non
- duplication Not applicable. This is the only notification activity

of its kind and notifications required in this program are required only once per event. Consequently , the possibility for dupl ication does not exist. The WPS provides for an exemption from the requirements of training for certified applicators of restricted

- use pesticides trained under the Certification and Training Program found in 40 CFR Part 171. Therefore, no duplication of training is imposed. Additionally , the WPS training verification program was explicitly developed to eliminate duplication of training.February 4 , 2011

Page 3 of 17 3(b). Public Notice In preparing to renew this I CR, EPA will publish a Federal Register (FR) Notice announcing this proposed information collection activity and provide a 60

- day

public comment period. An y public comment received for this action will be posted at http://www.regulations.gov using the docket identifier EPA

- HQ

- OPP

- 20 10

- 0896

. 3(c). Consultations Required Prior to ICR Submission to OMB In addition to the public notice that EPA will publish in the Federal Register concerning the development of this ICR, the Agency will consult with stakeholders who activel y interact with the Agency

through the WPS program. EPA will solicit and publish stakeholder assessment of the regulatory

burden estimates expressed by the Agency

in this ICR (Attachment C)

. 3(d). Effects of Less Frequent Collection Not applicable. Training/no tifications in this program are required onl y once per event, as specified in 40 CFR 170. Consequently , the possibility for less frequent training/notification does not exist under current regulations, or without increased risk to agricultural workers and handlers. 3(e). General Guidelines Two of the general guidelines of the Paperwork Reduction Act (PRA) are not met by this ICR. First, the information (e.g., safet y information, training materials, and signs for posting) that employers are required to provide to workers and handlers is generall y information that is not maintained by

the employer and must be developed or purchased. Second, small entities are required to follow the same requirements as larger establishments under the WPS, unless exempted as a solely

family

- operated establishment. Availability and Maintenance of Notice Information The information that EPA requires agricultural employ ers provide to workers and handlers (e.g., safety

information, training materials, signs for posting, etc. ) is not ty pically maintained by

the employer. Employ ers will generall y need to develop or purchase these materials. However, some of the information may customarily be maintained, but in a different format than is required by the rule. Specifically , the pesticide application information that is required to be centrally

posted may

be maintained by

the employer in various other forms, such as bills, receipts for pesticides purchased, or service contracts for individual applications by commercial applicator s. Location information may be maintained in the form of field maps. The WPS requires that certain information about each application be centrall y posted; including the location of the application, information about the pesticide, date and time of applic ation and restricted entry interval, but the format of such information posting is left to the individual employ er. Materials containing guidance on this required information have been distributed widely

.February 4 , 2011

Page 4 of 17 Small Entity Flexibility Small entities are requ ired to follow the same requirements as larger establishments under the WPS, unless exempted as a solel y famil y - operated establishment. The protections of the WPS depend upon workers receiving the various training and notifications contained in the rule. T hese cannot be reduced for small establishments without seriously compromising the protections offered to workers and handlers. 3(f). Confidentiality Not applicable. The Agency is not collecting information in conjunction with this activity . Further, this 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 b y the collection activities under this I CR are agricultural employers, including employers in farms as well as nursery , forestry , and greenhouse establishments . There are approximately 309, 0 85 agricultural establishments in the U.S. that both hire labor and use pesticides, and 3 million to 4 million farm workers. The North American Industrial Classification Sy stem (NAI CS) codes assigned to the parties responding to this information are as follows:
NAICS Code Examples of Potentially Affected Entities 111 Crop production Agricultural emplo yers - farms 115 Support activities for agriculture and forestry Agricultural emplo yers - greenhouses and forestry

Workers’ burden hours and cost estimates are included in the total burden and cost for this information collection (and in Table 1 under section 6(b) of this document) because workers must spend the time necessary to receive training and notifications from their employers. However, the requirements for all training/notifications are on the employ er. It is assumed that workers are generally

paid durin g training/notifications. Therefore, the burden and cost are effectivel y borne b y the agricultural emplo yer, even though the workers’ time and wage rate are also used in the estimation. 4(b). Information Requested (i). Data items, including recordkeepin g requirements (1). Central Information :February 4 , 2011

Page 5 of 17 Safety Poster . The agricultural employer must display pesticide safety

information in a central location on the agricultural establishment, providing pesticide safety concepts and emergency

medical care informatio n. EPA supported the development of posters which are readily available at no cost from EPA or at a very low cost from commercial suppl y (at $2.50 each). Employers need only add the name of the nearest medical care facility and post the poster in a central location. Employers are not obligated to use the EPA

- developed poster and may create their own so long as the ten basic points described in 40 CFR 170.135(b) are included.
Treatment

- Specific Information . The agricultural employer must display at a centra l location the following: the location and description of a treated area; the product name, EPA registration number, and active ingredient(s) of the pesticide; the time and date of application; and the restricted

- entry interval for each pesticide applicati on, if workers will be on the establishment within a specified time period during or following application. (2). Training : Basic Pesticide Safety Information . The agricultural employer must assure that each agricultural worker who has not received the complete pesticide safety training is provided basic pesticide information specified in 40 CFR 170.130(a)(3) in a manner the worker can understand. Agricultural W

orker Training . The agricultural employer must assure that each agricultural worker is trained in pesticide safety in a manner that the worker can understand within 5 day s of employ ment on the establishment, or before workers enter treated ar eas to perform earl y - entry activities. The person who conducts the training must meet the criteria described in 40 CFR 170.130(c)(2) and the training must cover the eleven points described in 40 CFR 170.130(c)(3). Pesticide Handler Training . The handler employer must assure that each pesticide handler is trained in pesticide safety , covering the 13 points described in 40 CFR 170.230(c) before they

perform an y handling task. EPA supported the development of pesticide safety training materials for agricul tural workers, pesticide handlers, and trainers for both groups of employees. Through the cooperation of the pesticide chemical industry , state agencies, and others, the materials were produced in large volume and distributed for no cost. Additional materi als are commerciall y available for minimal cost (training handbooks available at $1.00 or less, trainer notebooks available at $3.50, and a reference guide is available at $3.50 each). Additionall y, the Agency has supported training efforts conducted b y national farm worker organizations across the country , focusing on entry points and key

paths for the migrant farm worker workforce.February 4 , 2011

Page 6 of 17 (3). Training Verification: The EPA training verification program is a voluntary program and is intended to relieve agricul tural employers of the burden of repeat training of individuals in a mobile work force. Employ ers are relieved of the responsibility of safet y training if their agricultural workers and pesticide handlers possess valid EPA training verification cards. Stat es that agree to participate in EPA's voluntary training verification program submit an agreement form to EPA indicating the name of a State WPS contact and the number of training verification cards that they wish to receiv e from EPA. This is a one

- time fi ling. Participating States will issue EPA training verification cards to qualified training providers within the State. As a condition for being allowed to provide cards to workers and handlers, trainers are asked to keep class rosters of the names of thos e they have trained. (4). Treatment
- Specific Worker/Handler Notification: Oral Notification and/or posting warning signs . Whenever specified on the pesticide label, the employer must notify workers who come within 1/4 mile of a treated area within a spe cified time period of an y pesticide application. Notification may

be either by

posting a warning sign or by providing information orally , unless the pesticide label requires both posting and oral notification. Required specifications for the warning signs are contained in the 40 CFR 170.120(c). Signs are commercially available for approximately $2.00 each. The oral notification must be in a manner that the worker can understand, and include the location and description of the treated area, the time during which entry is restricted, and instructions not to enter the treated area until the restricted

- entry interval has expired. (5). Handler and Emergency Information: Handler Notice to Employer . Before the application of an y pesticide on or in an agricultural establishment, the handler employ er shall provide or assure the agricultural emplo ye r for the establishment is aware of the specific location and description of the treated area; the time and date of application; the product name, EPA registration number, and active ingredient(s); the restricted

- entry interval; and whether posting and oral notification are required. Safe Operation and Repair . The handler emplo ye r must assure that before the handler uses an y equipment for mixing, loading, transferring, or appl yi ng pesticides, the handler is instructed in the safe operation of the equipment. Emergency Information . If the employ er has reason to believe that a person who is or has been employ ed by an agricultural establishment or a commercial pesticide hand ling establishment to perform pesticide handling tasks has been poisoned or injured b y exposure to pesticides as a result of that employment, theFebruary 4 , 2011

Page 7 of 17 employer must provide that person or treating medical personnel information about the pesticide, the antidote and first aid information from the product label, the circumstances of handling the pesticide, and the circumstances of exposure to the pesticide. (6). Use of Exceptions/Exemptions Notification: Use of Exceptions/Exemptions Notice . Employers must notify workers, either in writing or orally , in a language the worker understands, if the establishment is operating under conditions of an EPA

- approved exception/exemption to the earl y entry provisions of the WPS. The exceptions/exemption s are intended to provide flexibility , if needed, to growers to conduct certain otherwise prohibited activity during a time period when exposure to pesticide residues is of concern. There are currently

two nationwide exceptions and one exemption for whic h third party notification would be required. They include some circumstances for conducting irrigation activities, some circumstances for conducting activities which result in limited contact with pesticide treated surfaces, and some circumstances for con ducting crop advising activities, all during a restricted entry interval following pesticide application. (ii) Respondent Activities In assuring that training is provided to their workers and handlers and providing WPS notifications, agricultural employers generall y engage in the following activities:

Activity Description Learn rule requirements Read WPS, 40 CFR Part 170, and read specific pesticide labels. Acquire poster and warning signs Create own pesticide safety poster and warning sign, obtain poster and signs free if available from EPA and States, or purchase for low cost from commercial supply. Fill in medical information on safety poster and post specific application information Fill in the name of the nearest medical care facility on the centrally

displayed pesticide safety poster; record the location and description of the treated area, the product name, and active ingredient(s) of the pesticide, the time and date the pesticide is to be applied, and the restricted

- entry interval for the pesticide at a central location for each pesticide application. Post notices or provide oral notification Post the basic pesticide safety poster at a central location; post warning signs at us ual points of entry or in corners of the treated area for each application or provide oral notification to workers Arrange for training of workers and pesticide handlers Become an authorized WPS trainer or arrange for state personnel or other qualified trainer to train workforce. Arrange for training all new employees within 5 days of their employment.February 4 , 2011

Page 8 of 17 Issue and review training verification cards Obtain verification cards and issue to workers or handlers after training is completed or arrange for an authorized WPS trainer to provide verification cards. Provide treatment information to employers, handlers and medical personnel For pesticide treatments performed for hire, notify the agricultural employer of the specifics of the treatment (time, prod uct used, REI's, etc.) and ensure that handlers have label information available during application. If a medical emergency exists, provide medical personnel with specific information from the pesticide label and the circumstances of application. Notify workers and handlers of terms of exceptions/exemptions allowing for tasks to be performed in treated areas When using WPS exceptions or exemptions, the agricultural employer must explain the exception to the workers and handlers.

5. THE INFORMATION COLLECTED

– AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5(a). Agency Activities Not applicable. This ICR involves activities conducted b y third parties. EPA does not collect an y information under this I CR. Participating States are responsible for implementing voluntary training verification programs. 5(b). Collection Methodology and Management Not applicable. This ICR involves activities conducted b y third parties. EPA does not conduct an y activities under this I CR. Participat ing States are responsible for implementing voluntary training verification programs. 5(c). Small Entity Flexibility The protections of the WPS depend upon workers receiving the various training and notifications contained in the rule. These cannot be reduced for small establishments without seriously compromising the protections offered to workers and handlers. As such, small entities are required to follow the same requirements as larger establishments under the WPS, unless exempted as a solely

famil y - operated establishment under 40 CFR 170.204(a). Under this exemption, the owner of an agricultural establishment is not required to provide certain protections to himself or members of his immediate family who are performing handling tasks on their own a gricultural establishment. 5(d). Collection Schedule Not applicable. This ICR involves activities conducted b y third parties. EPA does not conduct an y activities or collect an y information under this I CR. Participating States are responsible for impleme nting voluntary training verification programs.February 4 , 2011

Page 9 of 17 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION
E stimated burden hours and cost associated with training and information exchanges required b y the Worker Protection Standard are detailed in this section . The se estimates are listed in Table 1 in section 6(b) and are based on the agricultural establishment and employ ment figures used in the WPS regulatory impact anal ys is, as well as information obtained by the Agency during the implementation of the WPS an d from contacts at the state level and within the US Department of Agriculture (USDA). 6(a). Estimating Respondent Burden New entrant rule familiarization There are an estimated 309,085 establishments that hire labor and use pesticides, and are therefore affected b y the WPS requirements. New agricultural emplo ye rs must learn the rule requirements when they

enter the industry . It is assumed that of the affected entities, as many as 50,000 may

be new entrants each y ear. It is further assumed that learning the requirements of the rule takes an average of 30 minutes. Central Information

. It is assumed that there is one centrally

- posted safety poster per establishment that hires labor and uses pesticides (309,085). However, as the poster could last indefinitely , not all establishments need a new poster every y ear. It is assumed that affected establishments put up a safet y poster once every 3

- 4 y ears, with an assumption of 100,000 safet y poster events annually. It is also assumed that an averag e of 10 minutes is needed to fill in medical information on the safet y poster, and to post it.
For treatment

- specific information, it is assumed that there will be one centrally posted notice per pesticide treatment per establishment that hires labor. It is also assumed that it will take an average of ten minutes for emplo yers to post the notice. Annual notifications equal the number of establishments that use pesticides and hire labor (309,085) multiplied by

the average number of pesticide treatments (a pproximately

3.5) per establishment. The average number of pesticide treatments (3.5) is a good proxy onl y if each time a grower applied a pesticide he treated his entire acreage that normall y is treated in a ye ar. This is not alway s the case since many gr ow multiple crops, and even within a single crop a farmer may

not treat all acres the same, or not all at once. A correction for this is to multiply the average number of pesticide treatments b y an assumed factor of 3 (EPA estimate based on general knowled ge) to equal an average of approximately 10.5 pesticide treatments per establishment, and accordingl y, an estimated 3,245,393 treatment

- specific central notification events. Training The estimated burden and cost to farmers for the time taken to train wo rkers and pesticideFebruary 4 , 2011

Page 1 0 of 17 handlers is based on the Agency ’s experience obtained during the implementation of the WPS, as well as from additional information provided b y personnel from the USDA and state agricultural agencies. The number of events is based on ei ther the number of agricultural establishments or individuals involved, or a multiple of this number based on the estimated number of occurrences per year. The time for each event is based on field experience in accomplishing such events and is for a ty pic al ye ar. Training verification

. Upon the completion of the training, the WPS provides for the issuance of "EPA

approved Worker Protection Standard training certificates" to workers and handlers to allow employers to verify

that workers and handlers have received WPS safety training. The EPA Training Verification Program is a voluntary program and the issuance of the training verification cards is not a WPS requirement. However, agricultural emplo yers are relieved of the responsibility

of safet y training i f their agricultural workers and pesticide handlers possess valid EPA training verification cards. Participating States will issue the cards to qualified training providers within the State. The program is intended to assist in substantiating WPS pesticide safet y training, minimize the need for retraining (given the migrant nature of much of the workforce), offer an uncomplicated sy stem for verifying training, provide a means for training quality control, and allow states flexibility in administering the pr ogram. The verification activity has a total annual burden of 4,765 burden hours (sum of burden to gather information and file or disclose information) and is covered in this I CR.
Treatment

- Specific Worker and Handler Notification

. It is assumed that: employers either orall y notify workers of pesticide treatments or post treated areas (except for pesticides which are Toxicology Category Ifor dermal or ey e, which require both); greenhouses will alway s post treated areas, and all others will alway s orall y notify workers; for non

- greenhouse establishments notification (one oral and/or one posted) is necessary for each pesticide treatment when workers will be within 1/4 mile of the treated area during the restricted entry interval (RE I); oral notification t akes 5 minutes; posted notification takes 8 minutes. Total oral notification events are calculated as the number of oral notifications on non

greenhouse establishments, which orally notify workers of all treatments when workers will be within 1⁄4 mile, plu s the number of oral notifications on greenhouse establishments, which orall y notify workers onl y for Toxicity Category Itreatments. Therefore, for all establishments other than greenhouses, multiply the number of establishments which hire labor and use pesticides (309,085) b y the average number of pesticide treatments per establishment per year (10.5), and multiply by the average percent probability that workers will be within 1/4 mile of the treated area during the REI (50%). For greenhouses, multiply the number of establishments (11,350) by the average number of treatments made per greenhouse establishment per y ear (50), and multiply by the percent of treatments which are Toxicology Category Ifor dermal or ey e (5%). Calculations for Annual Number of Oral NotificationsFebruary 4 , 2011

Page 11 of 17 Non

-greenhouse establishments 309,085 establishments * 10.5 treatments annuall y * 50% probability of workers present within 1⁄4 mile of the treated area during re

- entry interval = 1,622,696 oral notifications annually by non - greenhouse e stablishments Greenhouse establishments 11,350 establishments * 50 treatments annuall y * 5% of treatments involving pesticides that are classified as Toxicology Category Ifor dermal or ey e = 28,375 oral notifications annually

by greenhouse establishments Total Annual Number of Oral Notifications 1,651,071 (i.e., 1,622,696 + 28,375) Total posted notifications are calculated as the number of posted notifications on non

greenhouse establishments, which do posted notifications only for Toxicity

Category I treatments and when workers will be within 1⁄4 mile, plus the number of posted notifications on greenhouse establishments, which do posted notifications for all treatments. Therefore, for all establishments other than greenhouses, multiply the number of est ablishments (309,085) by the average number of pesticide treatments per establishment per year (10.5), multiply by the percent of treatments which are Toxicology Category Ifor dermal or ey e (5%), and multiply by the average percent probability that worker s will be within 1/4 mile of the treated area during the REI(50%). For greenhouses, multiply the number of establishments (11,350) by the average number of treatments made per greenhouse establishment per year (50). Calculations for Annual Number of Pos ted Notifications
Non

-greenhouse establishments 309,085 establishments * 10.5 treatments annuall y * 50% probability of workers present within 1⁄4 mile of the treated area during re

- entry interval * 5% of treatments involving pesticides that are classified as Toxicology Category Ifor dermal or ey e = 81,135 posted notifications annually by non - greenhouse establishments Greenhouse establishments 11,350 establishments * 50 treatments annuall y = 567,500 posted notifications annually by greenhouse establishment s Total Annual Number of Posted Notifications 648,635 (i.e., 81,135 + 567,500) Handler and Emergency Information

. Using the estimates for worker and handler notification and training, the number of events for handler

- initiated notifications and the numb er of handler sessions on safe equipment operations was estimated. It was assumed that each commercial application would trigger a handler notification to the agricultural employ er and that the same number of handlers would need instruction in safe equipme nt operation as would need the pesticide safety training.February 4 , 2011

Page 12 of 17 It w as also assumed that 1% of workers and handlers trained in an y given year would require medical attention and request that pesticide

- specific emergency information be provided to medical personnel. These workers and handlers are the most likel y to be entering treated areas durin g the course of their employ ment. Exceptions/Exemptions Notification

. There are 279,359 farms with irrigation in the United States (1992 Census). The average annual number of pesticide applications is estimated to be 3.5 for irrigated acres. Itis assum ed to take about 2.5 minutes to supply the information to the irrigation workers . It is further assumed that 20% of the pesticide treatments would invoke the irrigation exception. The same working assumptions have been applied to the limited contact except ion. Crop advisors often enter fields, orchards, or other crop production areas to scout for pests, monitor the effectiveness of recent pesticide treatments, and determine the need and timing for additional treatments. The crop advisor exemption allows for entry into treated areas during a restricted entry

interval in certain circumstances. It is estimated that there are 10,000 such instances annuall y for crop advisors when the crop advisor employer is required to notify their employees who will enter the treated area, of the restricted entry status and use of the exemption. The estimated average burden for notification of the crop advisor exemption is 15 minutes. This average burden is considerabl y longer than for notification of the two exceptions, discussed above. The longer time is primarily because the crop advisor work may involve more contact with treated plant surfaces than the exceptions do, and crop advisors must be advised of the necessary personal protective equipment to be used for the spe cific crop, pesticide, and situation. 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 employ ees based on publicly availabl e data from the US Bureau of Labor Statistics. The formulas used to estimate the labor rates and formulas used to derive the full y loaded rates and overhead costs for this I CR renewal are presented in Attachment D. Methodology: The methodology uses data on each sector and labor ty pe for an Unloaded wage rate (hourl y wage rate), and calculates the Loaded wage rate (unloaded wage rate + benefits), and the Full y loaded wage rate (loaded wage rate + overhead). Fully loaded wage rates are used to calculate r espondent costs. This renewal uses 2009 data. Unloaded Wage Rate: Wages are estimated for labor ty pes (management, technical, and clerical) within applicable sectors. The Agency uses average wage data for the relevant sectors available in the National Industry

- Specific Occupational Employ ment and Wage Estimates from the Bureau of Labor Statistics (BLS) at http://www.bls.gov/oes/current/oes_nat.htm

. Sectors: The specific North American Industry Classification Sy stem (NAICS) code and website for each sector is included in that sector’s wage rate table (see Attachment G). WithinFebruary 4 , 2011

Page 13 of 17 each sector, the wage data are provided b y Standard Occupational Classification (SOC). The SOC sy stem is used by

Feder al 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 W

age 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 W

age Rate: We multiply

the loaded wage rate by

50% (EPA guidelines 20

- 70%) to get overhead costs. The total respondent burden is estimated to be 1,776,131 hours annuall y. The total respondent cost for this ICR renewal is estimated to be $82,462,645 annually

. The labor rates for the farm workers and growers subject to the WPS requirements ($19.87/hr and $53.89/hr, respectivel y) were estimated using the meth odology cited above. Workers’ burden hours and cost estimates are included in Table 1 and in the total burden and cost for this information collection because workers must spend the time necessary to receive training and notifications from their emplo yers. However, the requirements for all training/notifications are on the employer. It is assumed that workers are generally paid during training/notifications. Therefore, the burden and cost are effectivel y borne b y the agricultural emplo yer, even though th e workers’ time and wage rate are also used in the estimation.February 4 , 2011

Page 14 of 17 Table 1
- Total Annual Burden and Cost Estimates Category Activity Total No. Per Event Average TOTALS 1
People/ Events Grower ($53.89r) 2 Work er ($19.87hr.) 2 Total per Event
Burden (hours) Cost

($) Burden (minutes) Cost

($) Burden

(minutes) Cost

($) Burden (minutes) Cost

($)
New Entrant Rule Familiarization Learn requirements (new

entrants) 50,000 30 26.95 0 0.00 30.00 26.95 25,000 1,347,500

Central I nformation Safety Poster 100,000 10 8.98 0 0.00 10.00 8.98 16,667 889,000

Treatment

- specific information 3,245,393 10 8.98 0 0.00 10.00 8.98 540,899 29,143,629

Training Basic Safety I nfo Conveyance 169,000 2 1.79 0 0.00 2.00 1.79 5,633 302,510 Ag. Worker Training 339,000 20 17.96 20 6.62 40.00 24.58 226,000 8,332,620 Pesticide Handler Training 185,000 25 22.45 20 6.62 45.00 29.07 138,750 5,377,950 Training Verification Gather I nformation 35,733 5 4.49 0 0.00 5.00 4.49 2,978 160,441 File or Disclose I

nfo 35,733 3 2.70 0 0.00 3.00 2.70 1,787 96,479 Treatment

- specific worker/handler Notification Oral Notifications 1,651,071 5 4.49 0 0.00 5.00 4.49 137,589 7,413,309

Posted Notifications 648,635 8 7.19 0 0.00 8.00 7.19 86,485 4,663,686

Handler and Emergency Information Handler Notice of Ag.

Employer & Labeling I

nfo. 1,875,705 10 8.98 5 1.66 15.00 10.64 468,926 19,957,501
Safe Operation and Repair 185,000 10 8.98 10 3.32 20.00 12.30 61,667 2,275,500 Provide Emergency I

nfo. on Pesticide Treatments 52,400 20 17.96 10 3.32 30.00 21.28 26,200 1,115,072
Exception s/ Exemptions Notification Irrigation Exception 195,300 2.5 2.25 2.5 0.83 5.00 3.08 16,275 601,524

Li mited Contact Exception 195,300 2.5 2.25 2.5 0.83 5.00 3.08 16,275 601,524 Crop Advisor Exemption 10,000 15 13.47 15 4.97 30.00 18.44 5,000 184,400 TO TALS 1,776,131 82,462,645

1 Totals were determined as follow s: Total Burden Hours: (total # events x burden minutes)÷60. Total Costs: (total # events x total per

- event costs). 2 Updated estimates of fully loaded w age rates based on NAICS Sector 11. Source: US Bureau of Labor Statistics http//www.bls.gov/oes/current/naics2_11.htm See part 6(b) and Attachment D for sources and methodology for deriving these estimates.February 4 , 2011

Page 15 of 17 6(c). Estimating Agency Burden and Cost Not applicable. This ICR involves activities conducted b y third parties. EPA does not conduct an y activities or collect an y information under this I CR. Participating States are responsible for implementing voluntary training verification programs. As such, EPA does not incur an y burden or cost under this I CR. 6(d). Bottom Line Burden Hours and Cost Tables

Bottom Line Estimated Burden Hours And Costs

Hours Costs Respondents 1,776,131 $ 82,462,645 Agency n/a n/a 6(e). Reasons for Changes in Burden The total estimated annual respondent burden for this I CR renewal is 1,776,131 hours, which has not changed from the currentl y - approved I CR. 6(f). Burden Statement The total annual respondent burden for providing the training and notifications associated with the Worker Protection Standard is estimated to be 1,776,131 hours, with the incremental burden of the various activities ranging from 2 minutes per respondent to provide initial basic safet y information to 45 minutes per respondent for handler training. This total estimate includes the third part y WPS training and notification requirements, e.g., provisions requiring emplo yers to: provide employees with pesticide

- specific treatment (application) information in the form of oral or written notification, assure that emplo ye es receive basic pesticide safety information or training, provide emergency information on pesticide treatments, and not ify emplo ye es when an exception/exemption to the WPS is being implemented, as well as a voluntary program to verify training and relieve duplication of training, and provisions requiring handler notification to employers regarding pesticide treatments (app lications). According to the Paperwork Reduction Act, “burden” means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a Federal agency . The agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it display s a currentl y valid OMB control number. The OMB control number for this information collection appears at the beginning and end of this document. In addi tion OMB control numbers for EPA’s regulations, after initial display

in the final rule, are listed in 40 CFR Part 9 (Attachment E). The Agency

has established a public docket for this I CR under Docket ID No. EPA

- HQ

OPP

- 2010

- 0896 , 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 (SouthFebruary 4 , 2011

Page 16 of 17 Building), 2777 S. Cry stal Drive, Arlington, VA. This docket facilit y is open f rom 8:30 a.m. to 4 p.m., Monday

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

- 5805. You may

submit comments regarding the Agency 's need for this information, the accuracy of the provided burden estimates and any sugge sted methods for minimizing respondent burden, including the use of automated collection techniques. Submit your comments, referencing Docket ID No. EPA

- HQ

- OPP

- 2010

- 0896 and OMB Control No. 2070

- 0148, to (1) EPA online using www.regulations.gov (our pre ferred 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 b y 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.February 4 , 2011

Page 17 of 17 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
- 2010
- 0896 . These attachments are available for online viewing at ww w.regulations.gov or otherwise accessed as described in section 6(f) of the supporting statement, and as noted below.
Attachment A: 7 U.S.C. 136w
- FI FRA Section 25
- Also available online at the US

House of Representatives’ US Code website Attachment B: 40 CFR 170
- Worker Protection Standard

- Also available online at the

National Archives and Records Administration’s Electronic CFR Website Attachment C: [Reserved for Record of Consultations ] Attachment D: Wage Rate Tables for Agricultural Employers and Agricultural

Workers Attachment E: Display Related to OMB Control #2070
- 0148

- Listings of Related

Regulations in 40 CFR 9.1