April 18, 2012

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SUPPORTING STATEMENT

FOR AN INFORMATION COLLECTION REQUEST (ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a). Title of the Information Collection 

Soil Fumigant Risk Mitigation

OMB Control No.: 2070-new EPA No.: 2451.01

1(b). Short Characterization/Abstract 

EPA completed Reregistration Eligibility Decisions (REDs) for a group of soil 

fumigant chemicals in May 2008 after an extensive review and public participation 

process. The Agency’s decision takes into account the best available information on the 

potential risks and benefits of soil fumigant use. EPA published the final decision 

documents for public comment, and issued final REDs in June 2009. The Agency has 

determined that certain uses of these soil fumigants are eligible for reregistration, 

provided that the risk mitigation measures outlined in the REDs are adopted. The 

required mitigation measures may result in a burden, applicable under the Paperwork 

Reduction Act (PRA), to those participating in soil fumigant applications, those enforcing

soil fumigant label requirements, and registrants of soil fumigant products. These 

measures are designed to decrease the likelihood of exposures to these chemicals while 

maintaining their important benefits to U.S. agriculture. 

Without the complete suite of measures, these chemicals do not meet the 

requirements to be eligible for reregistration under Federal Insecticide, Fungicide and 

Rodenticide Act (FIFRA). The programs and activities represented in this ICR are the 

result of the Agency exercising the authority of section 3(c)(2)(B) or section 3(c)(5) of 

FIFRA, which authorizes EPA to require pesticide registrants to generate and submit data 

to the Agency, when such data are needed to maintain an existing registration of a 

pesticide. Due to the high benefits to agriculture from these chemicals, there could be 

significant economic impact if soil fumigant products are no longer available to 

American farmers. 

2. NEED FOR AND USE OF THE COLLECTION

2(a). Need/Authority for the Collection

EPA's Office of Pesticide Programs (OPP), under the Office of Chemical Safety

and Pollution Prevention, uses the information collected under this ICR to ensure that risk 

mitigation for certain soil fumigant chemicals necessary for reregistration eligibility are 

adequately implemented. The programs and activities represented in this new ICR are 

the result of the Agency exercising the authority of section 3(c)(2)(B) (Attachment A) or 
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section 3(c)(5) (Attachment B) of FIFRA, which authorizes EPA to require pesticide 

registrants to generate and submit data to the Agency, when such data are needed to 

maintain an existing registration of a pesticide. 

Sections 3(a) and12(a)(1) of FIFRA require a person to register a pesticide 

product with the EPA before the pesticide product may be lawfully sold or distributed in 

the United States. A pesticide registration is a license that allows a pesticide product to 

be sold and distributed for specific uses under specified terms and conditions such as use 

instructions and precautions. The proponent of initial or continued registration always 

bears the burden of demonstrating that a pesticide product meets the statutory standard 

for registration. A pesticide product may be registered or remain registered only if it 

meets the statutory standard for registration given in section 3(c) (5) of FIFRA, which is 

as follows:

(A) Its composition is such as to warrant the proposed claims for it.

(B) Its labeling and other material required to be submitted comply with the 

requirements of this Act.

(C) It will perform its intended function without unreasonable adverse effects 

on the environment.

(D) When used in accordance with widespread and commonly recognized 

practice it will not generally cause unreasonable adverse effects on the 

environment.

FIFRA section 2(bb) defines “unreasonable adverse effects on the environment'' 

as (1) “any unreasonable risk to man or the environment, taking into account the 

economic, social, and environmental costs and benefits of the use of any pesticide, or (2) 

a human dietary risk from residues that result from a use of a pesticide in or on any food 

inconsistent with the standard under section 408 of the Federal Food Drug and Cosmetic 

Act.''

Section 4 of FIFRA requires EPA to re-assess the health and safety data for all 

pesticide active ingredients registered before November 1, 1984, to determine whether 

these “older” pesticides meet the criteria for registration that would be expected of a 

pesticide being registered today for the first time. Section 4 directs EPA to use section 

3(c)(2)(B) authority to obtain the required data. Section 4(g)(2)(A) of the FIFRAcalls for 

EPA to determine, after submission of relevant data concerning an active ingredient, 

whether pesticides containing the active ingredient are eligible for reregistration. EPA 

completed REDs for a group of soil fumigant chemicals in May 2008 after an extensive 

review and public participation process. The Agency’s decision takes into account the 

best available information on the potential risks and benefits of soil fumigant use. EPA 

published the final decision documents for public comment, and issued final REDs in 

June 2009. 

The chemicals included in this review are metam sodium/potassium, dazomet, 

chloropicrin, and methyl bromide. The Agency completed a RED for another soil 

fumigant, 1,3-dichloropropene (Telone ®), in 1998. Additional soil fumigants, 
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iodomethane and dimethyl disulfide (DMDS) were registered in October 2007 and July

2010 respectively. The EPA considered these soil fumigants as a group in order to ensure 

that similar risk assessment tools and methods were used for all, and risk management 

approaches were consistent. Documents to support the reregistration or registration 

actions for this group of chemicals can be found in the public docket at 

www.regulations.gov under the following docket numbers: EPA-HQ-OPP-2005-0123 

(methyl bromide), EPA-HQ-OPP-2005-0124 (1,3-dichloropropene), EPA-HQ-OPP2005-0125 (metam sodium/potassium), EPA-HQ-OPP-2005-0128 (dazomet), EPA-HQOPP-2007-0350 (chloropicrin), EPA-HQ-OPP-2005-0252 (iodomethane), EPA-HQOPP-2007-0092 (DMDS). Attachment C lists these chemicals and the docket numbers.

The Agency has determined that certain uses of these soil fumigants are eligible 

for reregistration, provided that the risk mitigation measures outlined in the REDs are 

adopted. EPA is requiring a suite of complementary mitigation measures to protect 

handlers, reentry workers, and bystanders from risks resulting from exposure to the soil 

fumigant pesticides. While these measures are designed to work together to address all 

risks, the new mitigation measures have a specific focus on the acute human inhalation 

risks that have been identified in the revised risk assessments for these fumigants. This 

ICR accounts for the additional risk mitigation activities outlined in the REDs that are 

applicable under the PRA, and documents the respondent burden and costs for these 

activities.

In addition, when new soil fumigants iodomethane and DMDS were registered,

the conditions of the registration required products containing these active ingredients to 

include similar risk mitigation measures to those that were required in the REDs for the 

other chemicals. Similarly, these measures are required to ensure handlers, reentry

workers, and bystanders that may be exposed to soil fumigants are protected. 

Without the complete suite of measures, these chemicals do not meet the 

requirements to be eligible for reregistration under FIFRA. EPA may determine products 

containing these chemicals do not meet the 3(c)(5) standard for registration under FIFRA. 

Due to the high benefits to agriculture from these chemicals, there could be significant 

economic impact if soil fumigant products are no longer available to American farmers. 

2(b). Practical Utility/Uses of the Data

Background on Soil Fumigants

Soil fumigants are pesticides that, when applied to soil, form a gas to control pests 

that live in the soil and can disrupt plant growth and crop production. The fumigants are 

either volatile chemicals that become gases at relatively low temperatures, around 40 

degrees Fahrenheit, or they are chemicals that react to produce such a gas (e.g., dazomet 

and metam sodium converting to methyl isothiocyanate or MITC). Soil fumigants are 

used on many highly value crops, including vegetables, fruits, nuts, forest seedlings, 

ornamentals, and nursery crops, to control a wide range of pests including nematodes, 

fungi, bacteria, insects, and weeds. Benefits analyses indicate that fumigant use is 
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important in a variety of crops, and that if these fumigants could not be used, there would 

likely be significant negative economic impacts.

Because of the broad range of pests controlled, soil fumigants are used as part of 

the production of a wide variety of crops and provide high benefits for many growers. As 

gases, however, fumigants move from the soil to the air at the application site and may

pose risks to handlers, re-entry workers, and bystanders. To reduce these exposures and 

address risks of concern, the Agency has required a number of mitigation measures

designed to work together to address all risks, but focus on the acute human inhalation 

risks that have been identified in the revised risk assessments for these fumigants.

Bystanders, who are not involved in the fumigant application but who live, work, 

go to school, or are otherwise located in nearby areas, may be exposed to airborne 

fumigants that move off the application site. Bystanders include agricultural workers in 

nearby fields who are not involved with the fumigant application. 

Incidents of bystander exposure demonstrate that fumigants have the potential to 

move off site at concentrations that produce adverse health effects in humans, over 

periods of several hours to days after application. These health effects may range from 

mild and reversible eye irritation to more severe and irreversible effects, depending on 

the fumigant and the level of exposure.

The Agency is requiring a number of mitigation measures (as described in Section 

4 of this document) that may result in a burden to those participating in soil fumigant 

applications, those enforcing soil fumigant label requirements, and registrants of soil 

fumigant products. These measures are designed to decrease the likelihood of exposures 

to these chemicals while maintaining their important benefits to U.S. agriculture. 

For example, measures such as Fumigant Management Plans (FMPs) are designed 

to reduce workplace injuries and accidents by prescribing a series of operational 

requirements and criteria. Training is required to ensure applicators across the country

receive the same basic level of information prior to making an application. Although 

there are some areas of the country where training is currently available from states or 

registrants, there is currently no consistent training standard across states and regions 

where soil fumigation is done. For the most part people living and working near areas 

where fumigation is taking place do not have much knowledge about these types of 

applications. In several incidents even emergency first responders who have responded 

to incidents involving soil fumigants do not understand the unique chemical properties of 

these chemicals and have in some cases increased the exposure of bystanders to these 

chemicals following an incident.1

More information on the soil fumigants in general can be found through this website, 

including links to all of the public comments received during the reregistration process 

 

1

Summary Fumigants Group Incident Report. R. Allen. 4/17/07. 

http://www.regulations.gov/search/Regs/home.html#documentDetail?D=EPA-HQ-OPP-2005-0125-0075
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for this group of chemicals 

(http://www.epa.gov/pesticides/reregistration/soil_fumigants/index.htm).

3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a). Non-duplication

Respondents will not be asked to provide information that has been or is currently 

being collected by EPA, other federal or state agencies or proprietary sources. The 

information collected is unique and is not duplicative of previous information collection 

requests. 

3(b). Public Notice

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

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

comment period. Any public comment received for this action will be posted at 

http://www.regulations.gov using the docket identifier EPA-HQ-OPP-2011-1036.

3(c). Consultation 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 has and will continue to consult 

with stakeholders and respondents who actively interact with the Agency. For example, 

in developing the REDs the Agency used a thorough, multi-step, comprehensive process 

to elicit public comment, provide responses, and revise the decisions as appropriate. 

Starting in 2004 EPA held a series of public meetings to discuss the proposed risk 

assessment methods which the Agency then used to develop draft risk assessments. In 

2005, EPA incorporated new modeling tools developed by industry and reviewed by the 

Scientific Advisory Panel into the risk assessments, presented the preliminary risk 

assessments at another public meeting, and opened the first public comment period 

soliciting comments on the Agency’s assessment. In 2007, EPA issued responses to 

public comments on the revised risk and benefits assessments, and issued risk mitigation 

proposals for public comment. EPA then held a series of public meetings around the 

country to get input on the risk mitigation proposals. Then in 2008 EPA published REDs 

for public comment. The REDs showed label statements that would be used to mitigate 

risks and how the new measures would be implemented. In 2009, EPA published 

amended REDs that were revised based on public comments on the 2008 REDs. EPA 

continues to work closely with stakeholders to help ensure new label changes are 

implemented in a timely manner, and that users and enforcement personnel are prepared 

when these changes take effect. EPA’s fumigant webpage contains a number of 

implementation resources as well as background information on these decisions and can 

be found at this location: 

http://www.epa.gov/pesticides/reregistration/soil_fumigants/index.htm.
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In addition, before sending this ICR to OMB for review and approval, EPA staff 

will contact representatives from a cross-section of respondents to seek feedback on the 

burden estimates in the ICR, the clarity of instructions provided, and other questions 

pertaining to the requirements of the program. Their responses to EPA’s consultation 

efforts will be summarized and made publicly available.

3(d). Effects of Less Frequent Collection

The Agency is not requiring regular reporting on the status of these tasks back to 

the Agency which will significantly reduce the burden on the respondents. Information is 

reported only when needed, and cannot be collected less frequently and still maintain 

necessary risk mitigation. 

3(e). General Guidelines

The information collection activities discussed in this ICR comply with all 

regulatory guidelines under 5 CFR 1320.5(d)(2). Respondents will not be required to 

retain records for this program for more than 2 years. 

3(f). Confidentiality

No information collected by EPA under this ICR comprises confidential business 

information.

3(g) Sensitive Questions

The information collection activities discussed in this document do not involve 

any sensitive questions. 

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a). Respondents/NAICS Codes

Respondents affected by the collection activities under this ICR are soil fumigant 

users, specifically certified applicators and agriculture pesticide handlers (NAICS 111000 

– Agriculture, Forestry, Fishing and Hunting); soil fumigant registrants (NAICS 325300 -

Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing); state and tribal 

lead agencies (NAICS 999200 – State Government); and the U.S. EPA (999100 – Federal

Executive Branch).

The users of soil fumigants containing the following active ingredients are subject 

to the collection activities specified in this ICR:
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Table 1: Active Ingredients Subject to this ICR

Active Ingredient PC Code

1, 3-dichloropropene 029001

Chloropicrin 081501

Dazomet 035602

DMDS 000011

Iodomethane 029088

Metam sodium 039003

Metam potassium 039002

Methyl bromide 053201

Methyl isothiocyanate 068103

4(b). Information CollectedThese users will need to engage in the following 

activities to assure compliance with new fumigant label requirements:

Table 2: User (applicators or handlers) Activities

Burden Description

Read the label 

(applicator’s responsibility)

Read and understand revised product label(s) bearing 

new label language.

Posting:

Fill-in application information 

on signs and post buffer zones 

(applicator or handler’s 

responsibility)

Obtain signs from product dealers (provided to dealers 

by registrants); fill in (1) product name, and (2) 

contact information for the fumigator; place signs at 

usual points of entry and along likely routes of 

approach unless a physical barrier (fence, wall) 

prevents access to the buffer.

State Lead Agencies (SLAs):

Check EPA website to 

determine if notice is required 

and provide notice of 

applications to applicable SLAs

(applicator’s responsibility)

Applicators must check the EPA fumigant website for 

a list of states that require notification.

Provide to the SLA that require notification, the 

following: contact information for the fumigator and 

owner/operator; location of the field to be treated; 

product name and registration number; and when the 

fumigation is expected to occur.

Fumigant Management Plan 

(FMP):

Prepare a FMP and a postapplication summary

(applicator’s responsibility)

Prepare a written FMP for each fumigation to include 

the following: information on the site, fumigator, and 

owner/operator; fumigation procedures; buffer 

determinations; information on worker protection; 

procedures for air monitoring, posting, communication 

among key parties; and record keeping; emergency

response plans and procedures for addressing 

accidental fumigant releases. 

Results of air monitoring for handlers, air monitoring 

results between buffers and bystanders, as well as any
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deviations from the FMP must be recorded in a postapplication summary. 

Both documents must be filed and retained by both the 

certified applicator and the property owner for at least 

2 years, and available to disclose to enforcement 

personnel or handlers participating in the application if 

requested. 

Applicator Training:

Applicators must take registrant 

developed and EPA approved 

fumigant training

(applicator’s responsibility)

Applicators must attend a soil fumigant training 

program designed specifically to cover the following 

topics:

how to correctly apply the fumigant, how to protect 

handlers and bystanders, how to determine buffer zone 

distances, how to develop an FMP and postfumigation summary report, how to determine when 

unfavorable conditions exist, and how to comply with 

the required GAPs. 

The applicators participation in the training must be 

documented in the FMP. 

Handler Information:

Handlers must receive fumigant 

specific information 

(applicator and handler’s 

responsibilities)

Applicators are responsible to disseminate fumigant 

specific information prior to each fumigation to every

handler participating in the application. 

EPA has included certain aspects of these requirements in the Data Call-In (DCI) 

notices that are being sent to the fumigant registrants. The DCI is requiring registrants to 

submit proposals on how they are planning to address each of the reregistration 

requirements listed below. The registrant’s burden covered in the DCI ICR has not been 

duplicated here. The burden and activities listed below fall outside of the scope of the 

DCI ICR.

Table 3: Registrant Activities

Burden Description

Training:

Develop and implement training 

for fumigators in charge of 

fumigations

Prepare training materials, develop channels for 

training fumigators, and design and implement 

mechanisms for tracking fumigators who successfully

complete training.

Update training materials periodically.

Disseminate training materials (either electronic, 

paper, or in person)

Handler Information:

Develop and disseminate safety 

Prepare safety training materials for handlers and 

make them available to fumigators to provide to 
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information for handlers fumigant handlers under their supervision.

Update safety information periodically.

Disseminate training materials (either electronic or 

paper)

Community Outreach:

Develop and implement 

community outreach and 

education programs

Design and implement outreach programs to provide 

communities with information about soil fumigants,

buffer zones, early signs of exposure, and what to do 

in case of an exposure, emergency, or incident.

Update community outreach program periodically.

First Responder Training:

Develop and implement first 

responder training

Identify communities in which fumigants are used 

which do not already have information or training on 

appropriate response to soil fumigant incidents, and 

develop and incorporate training for first responders 

into existing programs.

Update first responder training periodically. 

Table 4: State Activities

Burden Description

Notice to States State Lead Agencies (SLAs) have the option to either 

receive notice prior to fumigant applications or to 

update their state cooperative agreements in order to 

structure their compliance and enforcement activities 

around fumigation times. SLAs will not be 

responsible for both these measures, but will have the 

choice. Since those states that chose to incorporate 

fumigant compliance and enforcement activities with 

their typical work will not be faced with an additional 

burden, the additional burden in the following tables 

assumes all states chose to receive notice prior to a 

fumigant application. 

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, 

COLLECTION METHODOLOGY, AND INFORMATION 

MANAGEMENT

5(a). Agency Activities

This ICR involves activities conducted by third parties. EPA does not collect any 

information under this ICR. Participating States are responsible for conducting voluntary

training verification programs, such as state-specific fumigant applicator training, if 

desired. EPA implements the soil fumigant mitigation measures.
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Table 5: Agency Activities

Burden Description

EPA Review, Coordination, and 

Implementation Responsibilities

EPA has the responsibility to implement the soil 

fumigant mitigation measures, review and approve 

materials that are submitted, and coordinate reviews 

among experienced professionals. 

5(b). Collection Methodology and Management

Not applicable. This ICR involves activities conducted by third parties. EPA 

does not conduct any activities under this ICR. Participating States are responsible for 

implementing voluntary training verification programs, such as state-specific fumigant 

applicator training, if desired.

5(c). Small Entity Flexibility

The reregistration eligibility of the soil fumigants depend upon applicators 

receiving the various information and training required in the soil fumigant labels. These 

cannot be reduced for small establishments without seriously compromising the 

protections offered to applicators and bystanders. As such, small entities are required to 

follow the same requirements as larger establishments. To diminish the cost to individual 

registrants, there are six task forces that will be developing and disseminating the 

required materials.

5(d). Collection Schedule

This ICR involves activities conducted by third parties. EPA does not conduct any 

activities or collect any information under this ICR. Participating States are responsible 

for implementing voluntary training verification programs, such as state-specific 

fumigant applicator training, if desired. EPA periodically checks the fumigant mitigation 

measures as a part of the registration review program.
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6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a). Estimating Respondent Burden

The burden associated with this collection of information is described in detail in the 

following sections. The respondents include certified applicators, pesticide handlers, fumigant 

registrants and states. To estimate the respondent burden, the Agency used current information 

and statistics on the number of fumigant applications made annually, the number of certified 

applicators and pesticide handlers that apply or handle soil fumigants, and the number of fumigant 

registrants. 

Certified applicators and pesticide handlers have paperwork burden associated with 

fumigant application activities, such as reading the label, posting treatment areas and the 

development of a fumigant management plan. It is estimated that the burden associated with the 

first application will be highest, mostly due to the time necessary to develop the fumigant 

management plan (12 hours). Each of the other paperwork related activities is estimated to take no 

more than an hour. Total burden for the first application is estimated to be nearly 14 hours, while 

each subsequent application is estimated to take less than 3 hours. The Agency estimates that 

more than 12,000 fumigant applications are made in the U.S. each year. 

Requirements currently exist to ensure that certified applicators and agricultural handlers 

possess general pesticide use and safety information. Applicators must be determined to be 

competent to become certified, and to maintain their certification they must either receive training 

or be recertified by exam on a schedule determined by the state (Certification of Pesticide 

Applicators, 40 CFR 171). That schedule ranges, depending on the state, from 1 to 5 years. Under 

the agricultural Worker Protection Standard (40 CFR 170), agricultural handlers are required to 

receive general pesticide safety training at least once every 5 years. Burdens from those 

requirements are included in currently-approved ICRs for those two rules, and are not included 

here.

The soil fumigant label revisions establish training requirements specific to soil fumigation 

for certified applicators and handlers on the safe and appropriate use of these products. Soil 

fumigant applicators are required to receive this fumigant-specific training every 3 years; handlers 

involved in soil fumigant application must be provided with the specific safe handling information 

annually. Burdens from these fumigant-specific requirements are included in this ICR and are 

separate and distinct from the requirements cited above under the Certification of Pesticide 

Applicators rule and the agricultural Worker Protection Standard. There are an estimated 4,458 

certified applicators applying soil fumigants and 13,374 pesticide handlers of soil fumigants 

subject to these training requirements.

Registrant burden is associated with the development and dissemination of fumigant 

application, handler safety and first responder training materials. They must also develop and 

implement a community outreach program. The majority of the burden associated with these 

activities is in the one-time development of the materials. An estimated 320 hours will be spent by

each registrant developing the fumigant training materials; 120 hours will be spent developing the 

handler safety materials; and 240 hours will be spent developing the first responder training and 
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developing the community outreach program. The annual dissemination of fumigant training and 

handler safety materials is estimated to take 12 hours per registrant for each activity, while the 

implementation of the community outreach program is estimated to take 120 hours per registrant 

annually, and the dissemination of first responder training is estimated to take 120 hours per 

registrant annually. There are six task forces that will be developing and disseminating the 

required materials.

States are responsible for enforcement and compliance of the fumigant-related application 

requirements. It is estimated that states will spend an average of 15 minutes per application on 

enforcement and compliance activities. Given the more than 12,000 fumigant applications made 

per year, state activities amount to more than 3,000 hours per year.

The detailed burden estimates and calculations are presented below for each respondent 

group, along with costs. The burden for certified applicators and pesticide handlers is shown in 

Tables 6, 7, 8, and 9; burden for registrants of soil fumigant products in Tables 10 and 11; and 

burden for states in Tables 12 and 13.

6(b). Methodology for Estimating Respondent Cost

Respondent cost is based on the burden as described above and summarized below, and 

wages, benefits and overhead for all labor categories for affected industries, state government, and 

EPA employees. This approach uses a transparent and consistent methodology and current 

publicly-available data to provide more accurate estimates and allow easy replication of the 

estimates of wages, benefits and overhead.

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).

Wage Rates: Wages are estimated for occupations (management, technical, and clerical) 

within applicable sectors. The Agency uses average unloaded 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. For loaded 

wage rates, benefits represent 44% of unloaded wage rates, based on benefits for all civilian nonfarm workers, from http://www.bls.gov/news.release/ecec.t01.htm. Fully loaded wage rates 

include an additional 50% on top of the loaded wage rate to capture overhead costs (EPA 

guidelines 20-70%). The data and calculations for wage rates used in this document are presented 

in Attachment E.

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 ). 
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There are three categories of respondents: certified applicators and handlers, registrants and 

states. The cost associated with each is described in this section.

(1) Certified Applicators and Pesticide Handlers 

The estimated costs of paperwork activities for certified applicators and pesticide handlers 

is shown in Tables 6, 7, 8, and 9, along with burden. Tables 6 and 7 list the estimated costs 

associated with paperwork for user application activities, while Tables 8 and 9 list the costs 

associated with training activities. Wage rates are based on NAICS code 111000 - Agriculture, 

Fishing, Forestry and Hunting. They are loaded to account for some benefits paid by the 

employer. The wage rate for certified applicators is based on the scientist/technician labor 

category, while the pesticide handler wage is based on an average of the wage for the 

scientist/technician and agriculture worker labor categories, reflecting a higher skilled worker.

(1a) User Application Activities

Table 6 summarizes the burden and cost for paperwork activities per soil fumigant 

application for certified applicators and pesticide handlers. Table 7 summarizes the burden and 

cost per year. The annual burden and cost is based on the number of applications made per year. 

EPA estimates that more than 12,000 applications are made per year by certified applicators and 

pesticide handlers based on historical pesticide usage data for the soil fumigants. 
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Table 6. Certified Applicator and Pesticide Handler Burden and Cost for User Application 

Activities per Application, By Activity

Category Activity Frequency Certified 

Applicator

Hours

Cost

(@$33.24/hr)1

Pesticide 

Handler

Hours

Cost

(@$23.32/hr)1

Total

Hours

Cost2

Read the 

label

Learn 

Requirements

Annual 0.50

$16.62

0

$0

0.50

$16.62

Posting Fill in 

Information

Per 

Application

0.13

$4.32

0

$0

0.13

$4.32

Post Signs Per 

Application

0

$0

0.50

$11.66

0.50

$11.66

Notice to 

SLA

Prepare 

information 

in Notice

Per 

Application

0.17

$5.65

0

$0

0.17

$5.65

Send Notice Per 

Application

0.05

$1.66

0

$0

0.05

$1.66

Fumigant 

Management

Plan

Prepare 

Initial Plan

Per Initial 

Application

12.00

$398.88

0

$0

12.00

$398.88

Prepare 

Subsequent 

Plan

Per Subsequent

Application

1.00

$33.24

0

$0

1.00

$33.24

Create Post 

Fumigation 

Report

Per 

Application

1.00

$33.24

0

$0

1.00

$33.24

File and 

Disclose Plan

Per 

Application

0.05

$1.66

0

$0

0.05

$1.66

Total Burden and Cost Per Initial and Subsequent Application3

Initial 

Application

13.90

$462.04

0.50

$11.66

14.40

$473.70

Subsequent 

Application

2.90

$96.40

0.50

$11.66

3.40

$108.06

Numbers may not add due to rounding.

1 - Cost is equal to the hours times the wage rate ($/hr).

2 - Total hours and cost are the sum of certified applicator and pesticide handler hours and cost. 

3 – Initial Application is equal to the sum of each activity less prepare subsequent plan. Subsequent application hours 

and cost is equal to the sum of each activity less prepare initial application.
 April 18, 2012

15

Table 7. Total Annual Certified Applicator and Pesticide Handler Burden and Cost for User 

Application Activities

Year Certified Applicator

Hours

Cost1

Pesticide Handler

Hours

Cost1

Total

Hours

Cost2

Year 1 175,849

$5,845,217

6,326

$147,511

182,174

$5,992,728

Year 2 175,849

$5,845,217

6,326

$147,511

182,174

$5,992,728

Year 3 106,268

$3,532,362

6,326

$147,511

112,594

$3,679,872

3 Year Annual 

Average

152,655

$5,074,265

6,326

$147,511

158,981

$5,221,776

3 Year Total 457,966

$15,222,796

18,977

$442,532

476,943

$15,665,328

Numbers may not add due to rounding.

1 - Cost is equal to the total hours and cost for the initial and subsequent application as listed in rows 11 and 12 of 

Table 6 multiplied times the number of applications. EPA assumes that fumigations occur once every two years, and 

that 100% of fumigations in year 1 and 2 are first time fumigation, and 50% of fumigations are first time fumigations 

starting in year 3. The estimated number of applications per year is as follows: 

Initial Applications Subsequent Applications

Year 1 12,651 0

Year 2 12,651 0

Year 3 6,326 6,326

3 Year Average 10,543 2,109

3 Year Total 31,628 6,326

For Example: For certified applicators in Year 3 the hours are equal to following:

Certified applicator: (13.90 hours/application x 6,326 applications) + (2.90 hours/application x 6,326 applications)

2 - Total hours and cost are the sum of certified applicator and pesticide handler hours and cost. 

(1b) Training Activities

Table 8 summarizes the burden and cost for certified applicators and pesticide handlers for 

training activities per trainee, while Table 9 summarizes the burden and cost per year of training 

activities. The annual burden and cost is based on the number of certified applicators and pesticide 

handlers involved with soil fumigant applications. EPA estimates that there are 4,458 applicable 

certified applicators and 12,374 handlers. This is based on data submitted to EPA on the number of 

certified applicators and the assumption of three pesticide handlers per certified applicator. 

 
 April 18, 2012

16

Table 8. Certified Applicator and Pesticide Handler Burden and Cost for Training Activities 

per Applicator, By Activity

Category Activity Frequency Certified 

Applicator

Hours and

Cost

(@$33.24/hr)1

Pesticide 

Handler

Hours and

Cost

(@$23.32/hr)1

Total

Hours and

Cost2

Applicator 

Fumigant 

Training

Mandatory

Training

Once 

Every 3 

Years

8.00

$265.92

0

$0

8.00

$265.92

Retain 

Training 

Documentation

Once 

Every 3 

Years

0.05

$1.66

0

$0

0.05

$1.66

Handler 

Safety

Information

Annual 

Handler Safety 

Training

Annual 0.08

$2.66

1.00

$23.32

1.08

$25.98

Numbers may not add due to rounding.

1 - Cost is equal to the hours times the wage rate ($/hr).

2 - Total hours and cost are the sum of certified applicator and pesticide handler hours and cost. 

Table 9. Total Annual Certified Applicator and Pesticide Handler Burden and Cost for 

Training Activities

Year Certified Applicator

Hours and Cost1

Pesticide Handler

Hours and Cost1

Total

Hours and Cost2

Year 1 36,244

$1,204,735

13,374

$311,882

49,618

$1,516,617

Year 2 357

$11,855

13,374

$311,882

13,731

$323,736

Year 3 357

$11,855

13,374

$311,882

13,731

$323,736

3 Year Annual 

Average

12,319

$409,482

13,374

$311,882

25,693

$721,363

3 Year Total 36,957

$1,228,445

40,122

$935,645

77,079

$2,164,090

Numbers may not add due to rounding.

1 - Cost is equal to the total hours and costs as listed Table 8 times the number of certified applicators and pesticide 

handlers that apply or handle soil fumigants. EPA estimates an applicable 4,458 certified applicators and 13,374 

pesticide handlers. 

For Example: For certified applicators in Year 1 the hours are equal to following:

Certified applicator: (8.00 hours/applicator + 0.05 hours/applicators + 0.08 hours/applicator) x (4,458 applicators)

2 - Total hours and cost are the sum of certified applicator and pesticide handler hours and cost. 

(2) Registrants of Soil Fumigant Products

The estimated paperwork costs for soil fumigant registrants is shown in Tables 10 and 11. 

Wage rates are for NAICS 325300 - Pesticide, Fertilizer, and Other Agricultural Chemical 

Manufacturing and are fully loaded to account for benefits and overhead. EPA estimates that there 

are 6 registrant task forces that will develop and distribute the required materials based on 
 April 18, 2012

17

correspondence with these task forces. Table 10 shows the estimates of burden and cost per 

registrant task force to develop and distribute training materials; prepare and distribute safety 

information; design and implement community outreach; and develop and distribute first responder 

training materials. Table 11 shows the annual cost across all registrants of the activities taking into 

account the frequency of the activity.

Table 10. Soil Fumigant Registrant Burden and Cost, By Activity

Category Activities Frequency Management

Hours and

Cost

(@$120.28/

hr)1

Technical

Hours and

Cost

(@$60.85/

hr)1

Clerical

Hours and

Cost

(@$37.11/

hr)1

Total

Hours 

and

Cost2

Fumigant

Training

Develop

Training

Materials

One Time 80.00

$9,622.40

160.00

$9,736.00

80.00

$2,968.80

320.00

$22,327

Distribute

Training

Materials

Annually 0

$0

0

$0

12.00

$445.32

12.00

$445

Handler 

Safety

Information

Prepare

Information

One Time 40.00

$4,811.20

40.00

$2,434.00

40.00

$1,484.40

120.00

$8,730

Distribute 

Training

Materials

Annually 0

$0

0

$0

12.00

$445.32

12.00

$445

Community

Outreach

Program

Design 

Program

One Time 80.00

$9,622.40

80.00

$4,868.00

80.00

$2,968.80

240.00

$17,459

Implement

Program in

High Use 

Areas

Annually 40.00

$4,811.20

40.00

$2,434.00

40.00

$1,484.40

120.00

$8,730

First 

Responder

Training

Develop 

Training 

Materials

One Time 80.00

$9,622.40

80.00

$4,868.00

80.00

$2,968.80

240.00

$17,459

Distribute

Material in

High Use 

Areas

Annually 0

$0

0

$0

120.00

$4,453.20

120.00

$4,453

Numbers may not add due to rounding.

1 - Cost is equal to the hours times the wage rate ($/hr).

2 - Total hours and cost are the sum of managerial, technical and clerical hours and cost. 
 April 18, 2012

18

Table 11. Total Annual Registrant Burden and Cost 

Year Managerial

Hours and Cost1

Technical

Hours and Cost1

Clerical

Hours and Cost1

Total

Hours and Cost2

Year 1 1,920

$230.938

2,400

$146,640

2,784

$104,177

7,104

$480,292

Year 2 240

$28,867

240

$14,604

1,104

$40,969

1,584

$84,441

Year 3 240

$28,867

240

$14,604

1,104

$40,969

1,584

$84,441

3 Year Annual 

Average

800

$96,224

960

$58,416

1,664

$61,751

3,424

$216,391

3 Year Total 2,400

$288,672

2,880

$175,248

4,992

$185,253

10,272

$649,173

Numbers may not add due to rounding.

1 - Cost is equal to the total hours and cost in Table 10 multiplied times the estimated number of registrant task forces

(6). For Example: The Year 1 number of managerial hours is equal to the hours per registrant for each of the activities 

times 6: (80 hours/registrant+0 hours/registrant+40 hours/registrant+0 hours/registrant+80 hours/registrant+40 

hours/registrant+80 hours/registrant+0 hours/registrant) x (6 registrants)

2 - Total hours and cost are the sum of managerial, technical and clerical hours and cost. 

(3) States

The burden for states per application for compliance and enforcement activities is shown in 

Table 12. Wage rates are for NAICS 999200 – State Government and are fully loaded to account 

for benefits and overhead. EPA’s requirements are for only those states with high fumigant use, 

and currently, EPA estimates that there are 15 states that account for the majority of fumigant use 

and are considered high use: California, Washington, Idaho, Oregon, Wisconsin, Michigan, 

Florida, Minnesota, North Carolina, Virginia, Arizona, Nevada, Georgia, Colorado, and North 

Dakota. This is based on an EPA analysis of fumigant pesticide usage and U.S. crop acreage 

grown which showed that a majority of soil fumigant usage occurred in 15 states.2 Costs are 

measured on a per application basis. Annual burden, assuming more than 12,000 fumigant 

applications per year, is shown in Table 13. The Agency estimates that all of the paperwork

burden for responding to this ICR will be conducted by clerical (or administrative) staff.

 

2 The EPA document can be found at http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2005-0125-

0516.
 April 18, 2012

19

Table 12. State Burden and Cost per Application

Category Activities Frequency Clerical

Hours and 

Cost

(@$39.20/hr)1

Total

Hours and 

Cost2

State Compliance 

and Enforcement

Paperwork for 

Compliance and 

Enforcement in High 

Use Areas

Annually 0.25

$9.80

0.25

$9.80

Numbers may not add due to rounding. State management and technical staff are not estimated to be impacted by this 

ICR.

1 - Cost is equal to the hours times the wage rate ($/hr).

2 - Total hours and cost are the sum of managerial, technical and clerical hours and cost. Since only clerical staff is 

impacted, the total hours and cost are equal to the clerical hours and cost.

Table 13. Total Annual State Burden and Cost

Year Clerical

Hours and Cost1

Total

Hours and Cost2

Year 1 3,163

$123,980

3,163

$123,980

Year 2 3,163

$123,980

3,163

$123,980

Year 3 3,163

$123,980

3,163

$123,980

3 Year Annual Average 3,163

$123,980

3,163

$123,980

3 Year Total 9,488

$371,939

9,488

$371,939

Numbers may not add due to rounding. State management and technical staff are not estimated to be impacted by this 

ICR.

1 - Cost is equal to the total hours and cost per application as listed in Table 7 multiplied times the number of 

applications. EPA assumes that fumigations occur once every two years, and that 100% of fumigations in year 1 and 2 

are first time fumigation, and 50% of fumigations are first time fumigations starting in year 3. The estimated number 

of applications per year as follows: 

Initial Applications Subsequent Applications

Year 1 12,651 0

Year 2 12,651 0

Year 3 6,326 6,326

3 Year Average 10,543 2,109

3 Year Total 31,628 6,326

For Example: For states in Year 1, the hours are equal to the following: (0.25 hours/application x 12,651 applications)

2 - Total hours and cost are the sum of managerial, technical and clerical hours and cost. Since only clerical staff is 

impacted, the total hours and cost are equal to the clerical hours and cost.

6(c). Estimating Agency Burden and Cost

Agency burden is shown in Tables 14 and 15. To determine Agency costs, the Agency

used the Bureau of Labor Statistics estimates of labor rates for the North American Industry

Classification System code for the Federal Executive Branch (NAICS 999100). Wage rates are 

fully loaded to account for benefits and overhead. Table 14 shows the burden and cost per activity 
 April 18, 2012

20

for the Agency, while Table 15 is the annual burden and cost across all activities. Agency costs 

are based on managerial and technical hours spent on compliance and enforcement activities.

Table 14. Agency Burden and Cost

Category Activities Frequency Management

Hours and 

Cost

(@$119.85/hr)1

Technical

Hours and 

Cost

(@$71.58/hr)1

Total

Hours 

and 

Cost2

Federal 

Compliance 

and 

Enforcement

Review

Registrant 

Training 

Materials

One Time 80.00

$9,588.00

1,092.00

$78,165.36

1,172

$87,753

Develop User 

Tools and 

Templates

One Time 40.00

$4,794.00

1,092.00

$78,165.36

1,132

$82,959

Review Labels 

and Materials

One Time 40.00

$4,794.00

2,184.00

$156,330.72

2,224

$161,125

Compliance

Training and 

Stakeholder

Engagement

Annually 104.00

$12,464.40

1,092.00

$78,165.36

1,196

$90,630

Numbers may not add due to rounding. Agency clerical staff are not impacted by this ICR.

1 - Cost is equal to the hours times the wage rate ($/hr).

2 - Total hours and cost are the sum of managerial, technical hours and cost. 

Table 15. Total Annual Agency Burden and Cost 

Year Managerial

Hours/Cost1

Technical

Hours/Cost1

Total

Hours/Cost2

Year 1 264

$31,640

5,460

$390,827

5,724

$422,467

Year 2 104

$12,464

1,092

$78,165

1,196

$90,630

Year 3 104

$12,464

1,092

$78,165

1,196

$90,630

3 Year Annual 

Average

157

$18,856

2,548

$182,386

2,705

$201,242

3 Year Total 472

$56,569

7,644

$547,158

8,116

$603,727

Numbers may not add due to rounding.

1 - Cost is equal to the total hours and cost across activities based on frequency from Table 14. For example: The 

Year 1 number of managerial hours is equal to the sum of the hours for each activity: 80 hours + 40 hours + 40 hours

+ 104 hours. Years 2 and 3 only include the activities incurred annually (104 hours).

2 - Total hours and cost are the sum of managerial and technical hours and cost. 

6(d). Bottom Line Burden Hours and Cost Tables

Tables 16 and 17 summarize the total annual respondent and Agency burden, respectively. 
 April 18, 2012

21

Table 16. Annual Respondent Burden and Cost

Year Total Hours1 Total Cost1

Year 1 242,059 $8,113,617

Year 2 200,652 $6,524,885

Year 3 131,071 $4,212,029

3 Year Annual Average 191,261 $6,283,510

3 Year Total 573,782 $18,850,531

1 – Total hours and cost are a sum of total hours and cost for each respondent. See Tables 2, 4, 6, 

and 8.

Table 17. Annual Agency Burden and Cost

Year Total Hours1 Total Cost1

Year 1 5,724 $422,467

Year 2 1,196 $90,630

Year 3 1,196 $90,630

3 Year Annual Average 2,705 $201,242

3 Year Total 8,116 $603,727

1 – Total hours and cost are a sum of total hours and cost for the Agency. See Table 10.

6(e). Reasons for Change in Burden

This is a new ICR.

6(f). Burden Statement

The total estimated average annual respondent paperwork burden to comply with this 

information collection activity is 191,261 hours. This estimate includes the time needed for 

certified applicators, pesticide handlers, registrants and states to conduct fumigant application 

related paperwork activities (see section 6(a) and 6 (d)). An 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 numbers for EPA’s regulations in title 40 of the 

CFR, after appearing in the Federal Register, are listed in 40 CFR Part 9, and included on the 

related collection instrument or form, if applicable.

To comment on 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, EPA has established a public docket for this ICR under Docket

ID No. EPA-HQ-OPP-2011-1036, which is available for online viewing at

http://www.regulations.gov. Additional instructions on commenting or visiting the docket, along 

with more information about dockets generally, is available at http://www.epa.gov/dockets.

Comments may be submitted to EPA electronically (our preferred method) through 

http://www.regulations.gov, or by mail addressed to OPP Docket, Environmental Protection 

Agency Docket Center (EPA/DC), Mail Code: 28221T, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460-0001. To make special arrangements for hand delivery or delivery of 

boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.htm. You 
 April 18, 2012

22

can also send comments to the Office of Information and Regulatory Affairs, Office of 

Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office 

for EPA. Please include the Docket ID No. EPA-HQ-OPP-2011-1036 and OMB Control No.

2070-NEW in any correspondence.
 April 18, 2012

23

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-2011-1036. 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. 136a - FIFRA section 3(c)(2)(b). Available online at the House of 

Representatives’ US Code Website

Attachment B: 7 U.S.C. 136a - FIFRA Section 3(c)(5). Available online at the House of 

Representatives’ US Code Website

Attachment C: Fumigant Reregistration Eligibility Decisions and Supporting Documents, 

available at www.regulations.gov.

Attachment D: Placeholder for Record of Consultations Between the U.S. Environmental 

Protection Agency and Respondents to the Information Collection Request:

“Soil Fumigant Risk Mitigation”

Attachment E: Worksheet for Estimating OPP ICR Wage Rates for Industry, State and EPA 

Labor Costs