*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 1 of 24 SUPPORTING STATEMENT FOR AN INFORMATION COLLECTION REQUEST (ICR) EO12866_Rin2070-AJ20_PesticideCertApp_NPRM_DraftICR_2015-03-31.docx

1. IDENTIFICATION OF THE INFORMATION COLLECTION 1
2 1(a) Title of the Information Collection: 3

4 This proposed ICR amendment for rulemaking is titled "Pesticides; Certification of 5 Pesticide Applicators; Pr oposed Rule [RIN 2070-AJ20]." 6
7 OMB No.: 2070-[new ]; EPA No.: 2499.01 8
9 1(b) Short Characterization/Abstract 10
11 This Information Collection Request (ICR) am endment covers the proposed revisions to 12
the “Certification of Pesticide Applicators” at 40 Code of Fe deral Regulations (CFR) Part 171, 13 which regulates the certification of applicators of restricted use pesticides (RUPs), assuming that 14 the proposed amendments become final. This ICR estimates the increm ental burden of the 15 proposed changes not already included in the curr ently approved ICR “Cer tification of Pesticide 16 Applicators” (OMB No: 2070-0029; EPA No.: 0155.10) covering the curr ent 40 CFR Part 171. 17
18 The existing regulation has provisions for states , tribes, territories, and federal agencies 19 that wish to certify applicator s to use RUPs to submit certifica tion plans to EPA for review and 20 approval, and requirements to re port on specific information relate d to applicator certification 21 activities annually. The re gulation has standards of competency for persons who are certified to 22 apply RUPs, as well as requirements related to noncertified applicators who apply RUPs under 23 the direct supervision of certified applicators. In addition, it alr eady requires pesticide dealers to 24
maintain records of RUP sales in areas where EPA administers an appl icator certification 25

program. 26
27 EPA is proposing changes to the rule to impr ove the competency of certified applicators 28 of RUPs and noncertified applic ators who apply RUPs under the di rect supervision of certified 29 applicators. Proposed changes to the rule include new and revise d standards for certification for 30 commercial and private applicators, provisions for recertification of applicators, and training for 31 noncertified applicators applying RUPs under th e supervision of certified applicators. The 32 proposal also includes changes to improve the clarity and organi zation of the rule and overall 33 program operation. The proposed changes to the re gulation are intended to ensure that all 34 persons who use RUPs – i.e., private applicat ors, commercial applicators, and noncertified 35 applicators using RUPs under the direct supervision of certified applicators – are competent to 36
use RUPs in a manner that will not result in un reasonable adverse effects to themselves, others, 37
or the environment. 38
39 This amendment ICR estimates the burden and costs of the proposed changes related to 40
information collection and incl udes: training for noncertified applicators applying RUPs under 41*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 2 of 24 the direct supervision of certi fied applicators, recordkeepi ng of the noncertified applicator 42 training, recordkeeping of RUP sa les by pesticide dealerships unde r certification programs not 43 administered by EPA, and costs to states, territo ries, tribes, and federal agencies to revise 44 certification plans as needed to comply with the proposed requirements. 45
46 The following sections provide a general overvi ew of the proposed requirements; burden and 47
cost estimates are f ound in section 6. 48

2. NEED FOR AND USE OF THE COLLECTION 49
50 2(a) Need/Authority for the Collection 51
52 The U.S. Environmental Protection Agency (E PA, or the Agency) is responsible for the 53 regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 54 This responsibility includes protecting applic ators, the public, and the environment from 55 exposure to pesticides. The cu rrent regulation 40 CFR Part 171, “Certification of Pesticide 56 Applicators,” establishes the requirements for applicators of RUPs. RUPs are pesticides that EPA 57 classifies as restricted use because they may pose unreasonable adverse effects to human health 58 or the environment. To mitigate the risks of unr easonable adverse effects, RUPs must only be 59 applied by applicators who have demonstrated a sufficient level of competency, as outlined in 60 the regulations at 40 CFR part 171. 61
62 In accordance with FIFRA Section 25, on [Inser t date of NPRM publication], EPA issued 63 proposed revisions to 40 CFR 171, to improve these protections. 64
65 RUP applicators, including noncertified applicators using RUPs under the direct 66 supervision of certified applicators, are exposed to pesticides and pesticide residues as part of 67 their occupation. Such exposure can pose signifi cant long- and short- term health risks. 68 Noncertified applicators may be e xposed to a wide range of pestic ides with different toxicities 69 and risks. In addition, RUPs pose risks of unreas onable adverse effects to the health of the 70 applicators, bystanders, and the public, as well as to the environment, if not applied properly by 71 competent persons. There is strong general eviden ce that such risks can o ccur and that they can 72 be reduced; the activities subject to this ICR ar e designed to help reduce these risks by reducing 73 exposure. Overall, the weight of evidence sugge sts that these paperwor k activities, including the 74 revisions in the proposed rule, would result in reduced incidents of negative effects from RUP 75 exposure on the applicators, the public, and the environment. 76
77 The proposed rule requires specific training for noncertified applicators on proper 78 application of RUPs and how to protect themselves, their families, and the environment from 79 RUP exposure. Without the required training, a ffected noncertified applic ators may be unaware 80 of the risks of pesticide exposur e or how to protect themselves and others from RUP exposure. 81 The proposal would also require th e certified applicator supervisi ng a noncertified applicator to 82 maintain records of the training provided, incl uding 1) the trained noncer tified applicator’s 83 printed name, and signature; 2) the date of the training; 3) the name of the person who provided 84 the training; and 4) the superv ising commercial applicator’s name. The proposed training is 85 intended to improve protections for noncertified applicators, the public, and the environment. 86*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 3 of 24 The regulations are enforced by state agen cies, tribes, and territories. The EPA has 87 received feedback from our regulatory part ners indicating difficulty enforcing some 88 requirements, due primarily to a lack of record s. Proposed recordkeep ing of training and RUP 89 sales is designed to improve enforcement capability as a means of fostering compliance, thereby 90 improving protections. 91
92 2(b) Practical Utilit y/Users of the Data 93
94 Training of noncertified applicat ors is necessary to ensure th at persons using RUPs under 95 the direct supervision of certi fied applicators have received the proper instruction and are 96 prepared adequately to use RUPs in a manner that should not cau se unreasonable risk to human 97
health or the environment. Without these reco rds, it would be difficult to successfully enforce 98 against misuse and ensure proper training a nd supervision of noncertified applicators. 99
100 Dealer records of sales of RUPs are necessary for EPA to ensure that access to RUPs is 101 limited to certified applicators. Recordkeeping of both training a nd sale of RUPs enhances the 102 enforceability of these requirements. 103
104 State, tribal, territor y, and federal agency certification plans and annually reported data 105 related to applicator certification under these programs are used for several purposes. When a 106 state receives a request to issue a reciprocal certification based on a certification issued by 107 another state, it may review the certification plan of the issuing state to ensure the standards for 108 certification are sufficiently simila r to its own to warrant granti ng the reciprocal certification. 109 The annually reported data from state certification programs is used in a formula to distribute 110 federal funding to states under the State and Tribal Assistance Grants program. 111

3. NON DUPLICATION, CONSULTA TIONS, AND OTHER COLLECTION 112
CRITERIA 113
114 3(a) Non duplication 115
116 EPA is the only Federal agency with the au thority to certify applicators of RUPs. 117 However, the United States Department of Agricu lture (USDA) also has regulations that impact 118 certified applicators. The records re quired by USDA under 7 CFR 110, “Recordkeeping on 119 Restricted Use Pesticides by Certified Applicator s; Surveys and Reports,” are more specific than 120 those required by EPA under 40 CFR 171. 121
122 USDA’s regulations require private applic ators to maintain records regarding the 123 application of RUPs. FIFRA prohi bits EPA from requiring private a pplicators to keep records or 124 make reports, so there is no duplication of record keeping with regard to private applicators. 125 Only EPA requires recordkeeping for commercial applicators. The proposed recordkeeping for 126 training of noncertified applicators only applie s to commercial applicators. Consequently, no 127 duplication of requirements exists. 128
129 The regulation provides for an exemption from the requirements of training for 130 noncertified applicators using RU Ps under the direct supervision of a certified applicator who 131*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 4 of 24 have a currently valid training qualification as a handler under the Worker Protection Standard 132 found in 40 CFR Part 170. Therefore, no duplication of training is imposed. 133
134 3(b) Public Notice Required Prior to ICR Submission to OMB 135
136 The proposed rulemaking serves as the public notice for this ICR amendment. Interested 137 parties should submit comments referencing Docket ID No. EPA-HQ-OPP-2011-0183 to the 138 address listed at the end of this document. Resp onses will be taken into account in developing 139 the final rulemaking. 140
141 3(c) Consultations 142
143
Formal and informal consultations have occu rred regarding EPA’s re gulation of activities 144 performed by firms in the course of trai ning and certifying pers ons who apply RUPs. 145 Regulations under 40 CFR 171 were published in the Federal Register in 1974, 1975, and 1978 146
with minor modifications in 1983 and 1984. EPA ha s engaged in continuous consultation and/or 147 dialogue with industry and states on an informal and ongoing basis since beginning consideration 148 of changing the regulation. 149
150 The Agency has been developing this proposal for a number of years and was required to 151 convene a Panel under the Small Business Regulatory Enforcement Fairness Act of 1996 152 (SBREFA). The Panel Report, all assembled mate rials, and the comments from small entities 153 potentially affected by the proposed rule are in the docket for this ac tion (EPA-HQ-2011-0183 at 154 www.regulations.gov ) 155
156 Consistent with EPA’s Indian policy, EPA’ s Office of Pesticide Programs conducted a 157 consultation with tribes in April 2010 during th e rule development process to inform tribal 158 governments of EPA’s rule proposals. The consulta tion was carried out via a series of scheduled 159 conference calls with tribal representatives. The purpose of the consultation was to make tribes 160 aware of and solicit input on the propos als that could affect tribes. 161
162 The changes to the information to be submitted to EPA by states, tribes, territories, and 163 federal agencies that administer RUP applicat or certification programs approved by EPA will be 164
included in EPA’s outreach materi als directed to these agencies

. Also, EPA intends to encourage 165 industry and states applicants to consult with the Agency during the public comment period. 166
167 3(d) Effects of Less Frequent Collection 168
169 Training proposed for noncertified applicators wo uld be required annually, as specified in 170 40 CFR 171. Recordkeeping of the training is only required once per even t. Consequently, the 171 possibility for less frequent recordkeeping doe s not exist under the proposed amendments. Less 172 frequent training would increase risk of unr easonable adverse effects from RUP use. 173
174 States, tribes, territories, and federal agenci es that currently have certification plans 175 approved by EPA will be required to revise thes e certification plans to incorporate the rule 176 revisions, once final. This submission is anticipa ted as a one-time event. As required under the 177*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 5 of 24 current regulation, an authorized agency that makes significant changes to its plan beyond the 178 changes to comply with the proposed rule would be required to submit the revised plan to EPA 179 for approval. 180
181 3(e) General Guidelines 182
183
This information collection adheres to OMB’s guidelines at 5 CFR 1320.5(d). 184
185 3(f) Confidentiality 186
187
The activities or reco rds proposed in this informati on collection do not include any 188 confidential business information (CBI) and will not involve any confid entiality concerns or 189
information. 190
191 The Agency does not collect recordkeeping on the third-party training and RUP sales 192 requirements. Further, this ac tivity complies with the provisions of the Privacy Act of 1974 and 193
OMB circular A-108. 194
195 3(g) Sensitive Questions 196
197 No information of a sensitive or private natu re is requested in conjunction with this 198 collection activity. Further, this information collection activity complies with the provisions of 199 the Privacy Act of 1974 and OMB circular A-10 8 (as amended), “Respo nsibilities for the 200 Maintenance of Records about Individuals by Federal Agencies.” 201

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 202
203 4(a) Respondents/NAICS codes 204
205
The North American Industrial Classification System (NAICS) codes have been provided 206 below to help identify potentially affected categories and entities. This listing is not, 207 however, intended to be exhaustive. 208
209 Pesticide Applicators: 210 111 Agricultural Establishments (Crop Production) 211 115112 Agricultural Pest Control 212 111421 Nursery and Tree Production 213
115210 Animal Production 214 115310 Forestry and Logging 215 561730 Ornamental & Turf, Right s-of-Way Pest Control 216
321114 Wood Preservation Pest Control 217
541712 Research & Demonstration Pest Control 218
219 Support activities for agri culture and forestry 220 115310 Support Activities for Forestry - Pesticide Handling in Forestry 221 115112 Soil Preparation, Planting, and Cultiv ating - Pesticide Handling on Farms 222*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 6 of 24 223 Commercial Services - Pesticide Applicators: 224 561710 Exterminating and Pest Control Services 225 541690 Agricultural Consulting Services 226
227 Administration of Certification Progr ams by States/Tribal Lead Agencies: 228
924110 Environmental Protec tion Program Administration 229
926140 Governmental Pest Control Programs, Agricultural Extension 230
231
Pesticide Dealers: 232 444220 Retail Nursery, Lawn, and Garden Supply stores 233 424910 Agricultural Chemicals Merchant Wholesalers 234
424690 Other Chemical and Allied Products Merchant Wholesalers 235
236 Pesticide and Other Agricultural Chemical Manufacturing: 237 325320 Individuals or entities engaged in ac tivities related to the registration of a 238 pesticide product 239
240 4(b) Responde nt Activities 241
242 (i) Information Collections (ICs) 243
244 The overall estimated potential economic imp act of the proposed changes to the regulation 245 is presented in the document entitled “Economic Analysis of Proposed Amendments to 40 CFR 246
Part 171: Certification of Pes ticide Applicators” (Economic Anal ysis), which is available as a 247 part of the official public record for the proposed regulation change. This ICR amendment 248
describes the information collec tion activities containe d in the proposed regul ation not currently 249 included in the existing ICR, along with the estimated burden and co sts related to those 250 information collection requirements. 251
252 In order to comply with the revised rule, all certification plans will need to be revised and 253 submitted to EPA for review and approval. The proposed rule requires training for noncertified 254 applicators applying RUPs under the direct superv ision of a certified applicator, recordkeeping 255 of this training, and recordkeeping of RUP sales by pesticide dealerships. 256
257 (ii) Data items, including reporting and recordkeeping requirements 258
259
This section describes the additional and revised categories of requirements under 40 260 CFR Part 171, assuming that proposed amendments will become final, that would impact the 261
burden and costs. 262
263 (1) Revision and submission of certification pl ans for Agency review and approval. 264 § 171.303, § 171.305, § 171.307, and § 171.311 265
266 Authorized agencies with existing certificati on plans that plan to continue administering 267 an applicator certification program would be requ ired to revise and submit their certification 268*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 7 of 24 plans to be in compliance with the revised rule, once final. Authorized agencies include states, 269 tribes, territories, and federal agencies authorized by EPA to ad minister a plan to certify. 270
271 Certification plans currently approved by EPA would be valid until 4 years after the 272 effective date of the final rule. Authorized ag encies that wish to c ontinue administering a 273 certification program that complies with the re vised regulation must s ubmit revised pesticide 274 applicator certification plans fo r review and approval to EPA within 2 years after the effective 275 date of the final rule. States, tribes, and territories may also need to make legislative changes in 276 order to implement these changes. 277
278 EPA-administered certification plans must be revised by the Agency. These plans are for 279 any state or area of Indian country where the Agency administers a plan for the certification of 280 applicators of RUPs because there is no approve d certification plan in effect. Currently, EPA 281 administers two certification plans: one for Nava jo Indian Country, and one for Indian Country 282 across the United States. Only approved plans will be effective 2 years after the effective date of 283
the final rule. 284
285 Authorized agencies may make modificat ions to their EPA-a pproved certification 286 program plans. However, substa ntial modifications to plans n eed to be approved by EPA prior 287 to making the change. The proposed rule outlines what types of plan changes constitute a 288 substantially modified plan at proposed § 171.309. The authorized agency must notify the 289 Agency within 90 days after the modifications become effective or s ubmit the notification along 290 with the annual report, whic hever date occurs first. 291
292 (2) Noncertified Applicator Training ( § 171.201(c) ) 293
294 Certified applicators under programs administered by authorized agencies and EPA295 administered programs must provi de training to noncertified app licators using RUPs under their 296 direct supervision. At a minimum, the traini ng program must include: 297

 Format and meaning of information contai ned on pesticide labe ls and in labeling, 298 including safety information, such as precautionary statements about human 299
health hazards. 300

 Hazards of pesticides resulting from t oxicity and exposure, including acute and 301 chronic effects, delayed eff ects, and sensitization. 302

 Routes by which pesticid es can enter the body. 303

 Signs and symptoms of common t ypes of pesticide poisoning. 304

 Emergency first aid for pestic ide injuries or poisonings. 305

 How to obtain emergency medical care. 306

 Routine and emergency decontamination procedures. 307

 Need for, and proper use of, personal protective equipment. 308

 Prevention, recognition, and first aid treatm ent of heat-related illness associated 309 with the use of personal protective equipment. 310

 Safety requirements for handling, tran sporting, storing, and disposing of 311 pesticides, including general pr ocedures for spill cleanup. 312

 Environmental concerns such as drif t, runoff, and wildlife hazards. 313

 Warnings against taking pesticides or pesticide containers home. 314*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 8 of 24  Washing and changing work clothes be fore physical contact with family. 315

 Washing work clothes separately from th e family’s clothes before wearing them 316 again. 317

 Precautions required to protect children and pregnant women. 318

 How to report suspected pesticide illness to the appropriate state agency. 319

 Instructions that the certifie d applicator must provide us e-specific instructions for 320 each application to the noncertified app licator(s), including labeling directions, 321 precautions, and restrictions mandated by th e specific site; th e interrelationship 322
between the characteristics of the use s ite and conditions of the application, and 323 how to use the application equipment. 324
325 In programs administered by authorized ag encies, the training includes what EPA 326 requires as well as any additiona l requirements by the authorized agency. Some states may 327 prohibit the use of RUPs by anyone other than a certified applicator . In these states, no training 328
would be conducted. EPA is aware of 4 states th at prohibit the use of RUPs by any person other 329 than a certified applicator (bot h commercial and private certified applicators); in those states, no 330 training for noncertified applicat ors would be conducted because th ey are not qualified to use 331
RUPs. 332
333 This training must take place before any non certified applicator applies an RUP under the 334 direct supervision of the certifi ed applicator. The training qua lification must be met annually. 335 Noncertified applicators may be qualified to use RUPs under the di rect supervision of certified 336 applicators through the training described abov e, or through either of 2 alternate ways: 337 - Currently satisfying training requirements fo r an agricultural handler under the Worker 338 Protection Standard as proposed at § 170.201(c) 339 -Passing the core exam for commercial appl icators as proposed at §171.103(c) within the 340 last 3 years. 341
342 (3) Commercial Applicator Records of Noncertified Applicator Training ( § 171.201(e) ) 343
344 Commercial applicators who supervise noncertif ied applicators using RUPs must collect 345 and maintain at the principal place of business, for two years, records of training for any 346 noncertified applicators being s upervised. The records must in clude the following: the trained 347 noncertified applicator’s printed name, the date of the training, the name of the person who 348 provided the training, and the supervisi ng certified applicator’s name. 349
350 In programs administered by authorized agenci es, the information recorded includes what 351 EPA requires as well as any requirements by the au thorized agency. As discussed above, EPA is 352 aware of four states that prohibi t the use of RUPs by anyone other th an a certified applicator. In 353 these states, no information would be reco rded because no training would be conducted. 354
355 Records are not required to be submitted, but they must be made available to EPA or 356 officials of authorized agencies upon request. Records collected may become part of an 357 enforcement action or investigation. 358
359*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 9 of 24 (4) Dealer recordkeeping in programs admi nistered by authorized agencies ( § 171.311(f)(1)) 360
361
In EPA-administered certificati on programs, dealers are requir ed to keep records of RUP 362 sales; this requirement exists under the current 40 CFR 171 (See § 171.11(g)(2)) and is included 363
in the current ICR. State-administered certifi cation programs use state authority to require 364 dealers to maintain sales records for RUPs, a nd therefore, are not included in the current 365 certification ICR’s paperw ork burden estimates. 366
367 The proposed rule would require dealers in all certifica tion programs, including state368 administered programs, to keep records of the sale of RUPs for 2 years. Dealer records would be 369 maintained at the pesticide dealership. Recor dkeeping requirements are proposed to include: 370

 Name and address of the residence or prin cipal place of business of each certified 371 applicator to whom the restricted use pe sticide was distributed or sold, or if 372 applicable, the name and address of the re sidence or principal place of business of 373 each noncertified person to whom the restri cted use pesticide was distributed or 374 sold for application by a certified applicator. 375

 The certification number on the certificati on document presented to the seller 376 evidencing the valid certification of the cer tified applicator authorized to purchase 377 the restricted use pesticide, the State, Tribe or Federal agency that issued the 378 certification document, the expiration da te of the certified applicator's 379 certification, and the categories in which the applicator is certified. 380

 The product name and EPA registration number of the RUP(s) distributed or sold 381 in the transaction, includi ng any applicable emergency exemption or State special 382 local need registration number. 383

 The quantity of the RUP(s) distribu ted or sold in the transaction. 384

 The date of the transaction. 385
386 Records of RUP sales are necessary for EPA to ensure that access to RUPs is limited to 387 certified applicators, or those unde r their direct supervision. Without the ability to limit access to 388 RUPs, there would be little purpose in certifyi ng applicators or classi fying pesticides for 389
restricted use. 390
391 Records are not required to be submitted, but they must be made available to EPA or 392 officials of authorized agencies upon request. Records collected may become part of an 393 enforcement action or investigation. 394
395 (iii) Respondent Activities 396
397

 Rule Familiarization – authorized agencies, certified a pplicators and RUP dealers read 398
and understand 40 CFR 171. 399
400

 Revise Certification Plans– make necessary changes to the authorized agency 401 certification program to comply with th e proposed rule, including regulatory and 402 legislative changes if necessary. 403
404

 Submit Certification Plans– submit revised certification plan to EPA for review and 405*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 10 of 24 approval using electronic submission and reporting portal (Certification Plan and 406 Reporting Database). 407
408

 Dealer Recordkeeping in Programs Admi nistered by Authorized Agencies – record, 409 collect, maintain records of sales of RUPs for a period of two years at the pesticide 410 dealership. 411
412

 Commercial Applicator Records of Noncertified Applicator Training – commercial 413 applicators who supervise noncer tified applicators using RUPs must record, collect and 414 maintain at the principal place of business, for two years, records of training for any 415 noncertified applicators being supervised. 416
417

 Noncertified Applicator Training – certified applicators must ensure that noncertified 418 applicators using RUPs under their direct s upervision. Noncertified applicators must 419 attend training. 420
421

5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 422 METHODOLOGY, AND INFORMATION MANAGEMENT 423
424 5(a) Agency Activities 425
426 Agency activities relate to certification plans as follows: 427
428

 Answer Respondent Questions – provide information to those requesting it. 429
430

 Review and Approve Certification Plans from Authorized Agencies – collect information 431 from authorized agencies, review plan s, document any formal decisions made. 432
- FR notices 433 - Review legislative changes 434
435

 Revise EPA-Administered Certification Plans 436
437

 Store, File, Maintain, a nd Distribute Information – compile information into appropriate 438
databases and archive. 439
440
441 5(b) Collection Methodology and Management 442
443 This information collection amendment applie s to authorized agen cies and individuals 444 who are certified applicators or dealers of RUPs. EPA does not requ ire the submission of 445 records kept by dealers or commercial applicators, but rather requires that they furnish records 446 for inspection and copying upon request. Authori zed agencies have an obligation for one time 447 reporting to EPA with update d certification plans. 448
449*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 11 of 24 5(c) Small Entity Flexibility 450
451 Most affected entities (certified applicators, pesticide dealers) are small entities. The 452 information collected and the recordkeeping requ ired is the minimum required by regulation and 453 that is necessary to implement a successful certification program. EPA believes that the records 454 required of certified pesticide applicators and de alers are minimal and would generally be kept 455 by the affected entities for their own use ev en in the absence of this regulation. 456
457 5(d) Collection Schedule 458
459
There is no set collection sc hedule for commercial applicat ors or dealers of RUPs. 460 Commercial applicators must ge nerate records of the training of noncertified applicators under 461 their direct supervision immediatel y after training and are required to maintain these records for 462 2 years. Similarly, dealer records of RUP sales are required to be maintained for two years. 463 Although the commercial applicator records and th e dealer records are maintained locally and 464 are not required to be submitted to EPA or the aut horized agencies, they must be made available 465 for EPA or authorized agency officials upon request . Records collected may become part of an 466 investigation or enforcement action. 467
468 Certification plans are required to be subm itted for review and approval by the Agency. 469 States, tribes, territories, and federal agencies must submit plans for review and approval to EPA 470 within 2 years after the effectiv e date of the final rule. All certification plans approved under the 471
current rule would be valid until 4 years after the effective date of the final rule or until 472 superseded by a revised plan approved by EPA. This submission is anticipated as a one-time 473 event, unless an authorized agency makes signif icant changes to their plan. Significant changes 474 to the plans must be approved by the Agency prior to making the changes. 475

6. ESTIMATING THE BURDEN AND COST OF COLLECTION 476
477 6(a) Estimating Respondent Burden 478
479 In this section, the Agency describes the assumptions and methods used to estimate the 480 total cost and hourly burden estimates for all of the rule requirements, assuming that the 481 proposed amendments become final. Tables 2-7 list the estimated burden hours and costs 482
associated with this ICR. The estimates are base d on the information and figures contained in the 483 “Economic Analysis of Proposed Amendments to 40 CFR Part 171 Certification of Pesticide 484 Applicators,” as well as information obtained by the Agency from the U.S. Department of 485 Labor’s Bureau of Labor Statistics (BLS) for wage rates, and U.S. Department of Agriculture’s 486 special tabulation for the number of farms that hire workers and use pesticides based on the 487 number of farms in the 2007 Agricultural Census. 488
489 EPA is estimating only the incremental burden imposed upon respondents for compliance 490 with the paperwork requirements established in the final rule. EPA is not estimating, de novo

, 491 the estimated paperwork burden for compliance with the existing regulation at 40 CFR 171 in 492 this ICR. EPA does assume that authorized ag encies and applicators are already in compliance 493 with the regulation at 40 CFR 171, and therefore, believes that there is no additional burden 494*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 12 of 24 imposed upon these respondents for complying with the requirements from the existing 495 regulation that are also included in the proposed rule. The current ICR includes certified 496 applicator recordkeeping of RUP applications, recordkeepi ng and reporting of RUP sales by 497 pesticide dealerships within EPA-administered programs, and annual reporting of certification 498 programs to the Agency. The proposed rule retain s these requirements a nd any changes to these 499 requirements are negligible in burden and costs. 500
501 Respondents affected by the collectio n activities under this ICR are: 502
503

 Certified applicators; private and commercial. The number of applicators is based on the 504 Certification Plan and Reporting Databa se for the years 2008 to 2013 (CPARD, 2014), 505 there are 364,579 commercial applicators and 455,278 private applicators. 506
507

 Noncertified applicators under th e direct supervision of certif ied applicators. It is 508 estimated that there are 947,275 noncertified applicators who apply RUPs under the 509 direct supervision of commercial certified applicators, and ther e are 81,678 noncertified 510 applicators under the direct supervision of private certified applicators. 511
512

 RUP dealers. EPA estimates that ther e are approximately 10,000 retail dealers. 513 According to the Agricultural Retailers Association, there are approximately 9,000 514 agricultural retailers in the United States. Not all are licensed to sell RUPs. EPA 515 estimates that there are far fewer nonagricultura l pesticide retailers li censed to sell RUPs, 516 given that RUPs are generally not labeled for use in reside ntial and other public areas, 517 even by a certified applicator. 518
519

 Authorized agencies. Authorized agencies ar e the entities that are authorized by EPA to 520 administer applicator certification pl ans under 40 CFR 171. Authorized agencies 521 includes states, territories, federally recognized tribes and federal agencies. In addition to 522 the 50 states, there are 4 plans for the US terri tories (Puerto Rico, DC, US Virgin Islands, 523 and Pacific Islands), 4 tribal plans, an d 5 approved Federal agency certification 524 plans. Federal agencies include DOD, DOE, USDA APHISPPQ, USDA Forest Service 525 (the 2 USDA plans are separate plans), and DOI (the DOI plan covers 3 agencies within 526 DOI BLM, BIA and NPS, but no others). Wa ge rates vary according to the entity. 527
528 Respondent activities that are within the scope of th is amendment ICR include: 529

 Rule familiarization 530

 Revision and submission of RUP certification plans 531

 Training of noncertified commerc ial and private applicators 532

 Record keeping of noncertified commercial applicators 533

 Record keeping of RUP sale s by for pesticide dealers 534
535 The respondent activities are covered in more de tail in section 4(b)(iii ). The following section, 536 6(b), includes burden and cost estimates for theses respondent activities. 537
538*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 13 of 24 6(b) Estimating Respondent Costs 539
540 The wages and the estimated benefits and ove rhead for all labor categories for affected 541 industries, state government, and EPA employees are based on publicly available data from the 542 US Bureau of Labor Statistics (BLS). The formul as used to estimate the labor rates and formulas 543 used to derive the fully loaded rates and overh ead costs for this ICR amendment are listed in 544
Attachment D. 545
546 Methodology The methodology uses data on each sector and labor type for an Unloaded
wage rate (hourly wage rate), and calculates the Loaded wage rate (unloaded wage rate + benefits), and the Fully loaded wage rate (loaded wage rate + overhead). Fully loaded wa ge rates are used to calc ulate respondent costs.
This amendment uses 2013 BLS data.

Unloaded Wage Rate Wages are estimated for labor types (m anagement, technical, and clerical) within applicable sectors. The Agency uses average wage data for the
relevant sectors available in the Na tional Industry-Specific Occupational Employment and Wage Estimates from th e Bureau of Labor Statistics (BLS)

at http://www.bls.gov/oes/current/oes_nat.htm

.

Sectors The specific North American Indus try Classification System (NAICS) code and website for each sector is included in that sector’s wage rate table (see Attachment H). Within each sect or, the wage data are provided by Standard Occupational Classification (SOC). The SOC system is used by Federal statistical agencies to cl assify workers into occupational categories for the purpose of collecting, calculati ng, or disseminating data (see http://www.bls.gov/oes/current/oes_stru.htm ).

Loaded Wage

Rate Unless stated otherwise, all benefits represent 45% of unloaded wage rates, based on benefits for all civilian nonfarm workers, from http://www.bls.gov/news.release/ecec.t01.htm . However, if other sectors are listed for which 45% is not applicable, the applicable percentage will be
stated.

Fully Loaded Wage Rate We multiply the loaded wage rate by 50% (EPA guidelines 20-70%) to get
overhead costs.

547
548
Current ICR for 40 CFR 171 549
550
The estimated burden and costs associated w ith the information collection activities of 551
the current CFR 171 rule is estimated in the ICR “Certification of Pestic ide Applicators” (OMB 552 No.: 2070-0029; EPA No.: 0155.12). This ICR is being renewed with updated costs and burden. 553 A draft renewal ICR was published in the Federa l Register on July 24, 2014. The 60-day public 554 comment period (Docket ID No. EPA-HQ-O PP-2014-0446) ended September 22, 2014, with no 555 comments received. The total burden, as estimated in the draft ICR renewal, for annual report 556*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 14 of 24 activities in terms of hours and cost for res pondents is 1,320,254 hours and th e total cost for all 557 authorized agencies is $42,637,865 (Table 1). On ce final, changes to these estimates made 558 during the ICR renewal process wi ll be reflected in Table 1. 559
560 Table 1. Current Respondent Annual Burden and Cost Table from the Current ICR* 561 Respondent Total Burden Hours Total Cost ($) States (Table 1)** 4,409 213,156.26 Federal program - certified applicators (Tables 2 and 3)** Table 2a 470 15,163.16 Table 2b 121 3,901.04 Table 3 10,044 323,805.60 State-administered programs - commercial applicators (Table 4)** 1,305,100 42,074,740.00 RUP dealer burden for recordkeeping of RUP sales (Table 5a)** 19.50 896.22 RUP dealer burden for reporting informational changes (Table 5b)** 3.3 153.05 Anthrax-related products - registrants (Tables 6 and 7)** Table 6 50 3,437.32 Table 7 37 2,612.58 TOTAL 1,320,254 42,637,865.23 * Estimates may not add due to rounding. Valu es may be rounded to the nearest two decimal 562 places, and actual column totals ma y be slightly higher or lower. 563
**The tables referred to in Table 1 above in th is document are the tables in the current ICR 564 (OMB No.: 2070-0029; EPA No.: 0 155.12 – Certification of Pestic ide Applicators). Please 565
refer to that ICR for more information. 566
567 The following tables illustrate the estimat ed burden and costs associated with the 568
additional information collection ac tivities of this program that would result from the proposed 569
rule. 570
571
Rule Familiarization 572
573 The estimated average annual burden in terms of hours and cost for respondents to 574 familiarize themselves with the new rule changes va ries by respondent. The estimate is a 3 year 575 average, assuming that more time is spent in the first year to fully familiarize themselves with 576 the respondent with the revised requirements fo r the certification programs. The total burden 577 hours for all respondents estimated to familiarize themselves with the new rule is estimated to be 578 415,055 and the total cost is $13,455,998 (Table 2). 579
580 There are three groups of respondents: 581

 Authorized Agencies with EPA-approved a pplicator certificati on plans (includes 50 582 state, 4 US territory, 4 tribe, and 5 federal agency plans). The Agency estimates that the 583 authorized agencies will spend 4 hours in the first year to familiarize the revised 584*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 15 of 24 regulation, and 1 hour each for the second a nd third year covered by this ICR. The 585 average time spent annually is 2 hours. 586

 Certified applicators: both private and commercial. Certified applicators are assumed to 587 review the requirements for certified applicators. It is estimated that they will spend 1 588 hour the first year, and 15 minutes each for the second and third years. The average time 589 spent annually is 30 minutes. 590

 RUP dealers. RUP dealers are assumed to revi ew the requirements for dealers. It is 591 estimated that they will spend 1 hour the fi rst year, and 15 minutes each for the second 592 and third years. The average time spent annually is 30 minutes. 593
594
Table 2. Rule Familiarization* 595

*Estimates may not add due to rounding. Responde nts (authorized agencies , certified applicators 596 and RUP dealers) are counted only once. 597
598 Annual Respondent Burden and Cost Estimate s to Revise and Submit Certification Plans 599 to EPA for Review and Approval 600
601 Authorized agencies with existing certifica tion plans would be required to revise and 602 submit their certification plans to be in comp liance with the revised rule, once final. 603
604 In order to implement the revised regulati ons, laws and regulations relevant to the 605 certification plans may also need to be revise d. The Agency assumes that all states and 606 territories with currently EPA-approved certifica tion plans will update their laws and regulations, 607 in addition to revising the certific ation plan. For each plan revise d, 500 hours is estimated to be 608 make the necessary legislative revisions and deve lopment of the revised certification plan. EPA 609 estimates that submitting each plan to EPA for review and approval through the CPARD 610 database would take 8 hours per plan. 611
612 For states, the total burden is estimated to be 25,400 hours and the total cost is 613 $1,547,918 (Table 3a). 614
615 Activity Respondent Group Number of Respondents Total Responses Annually (3

year avg) Wage
Rate ($/hour) Per
Event Average Totals

Burden (hours) Cost ($) Burden (hours) Cost ($)

Rule
Familiarization Authorized Agencies 63 63 80.18 2.00 160.36 126.00 10,102.68

Rule
Familiarization CertifiedApplicatorsPrivate 455,278 455,278 32.24 0.50 16.12 227,639.00 7,339,081.36

Rule
Familiarization CertifiedApplicatorsCommercial 364,579 364,579 32.24 0.50 16.12 82,289.50 5,877,013.48

Rule
Familiarization RUP Dealers 10,000 10,000 45.96 0.50 22.98 5,000.00 229,800.00

TOTAL 829,920 829,920 415,054.50 13,455,997.52*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 16 of 24 Federal agencies and tribes do not have to make legislative changes, and thus, less time is 616 assumed to revise the certification plans. Trib es and Federal agencies, however, must revise 617 their existing certification plans to comply with the revised regulations, resulting in 618
administrative burden. Tribes base their certif ication plans on recognizing an existing state 619 certification program. Therefore, the tribes wi ll rely on the state regulatory and legislative 620 changes made in order to comply with the rule changes. Federal agencies and tribes also must 621 submit the updated certification plans to EPA for review and approval. 622
623 For federal agencies, tribes, and territories au thorized to certify applicators, the total 624 burden is estimated to be 1,144 hours and the total cost is $79,398 (Table 3b). 625
626 In addition to the authorized agency certi fication plans, EPA directly administers 2 627 certification programs, a national certification plan for Indian Country (79 FR 7185; February 6, 628 2014) and a certification plan fo r the Navajo Nation (72 FR 32648; June 13, 2007). The burden 629 and costs to revise these plans is to the Agency and is illust rated in Table 7b. The burden and 630 costs to Indian Country and the Navajo Nation are negligible. 631
632
Table 3a. Burden to States to Revise Regulations and Certification Plans* 633

Collection
Activities Annual Burden Hours Per Respondent TOTALS

Senior
Technical Jr.
Technical Administrative Hours Cost

$86.53/hr. $59.17/hr. $40.81/hr. $

Revise State Regulations and
Plans 100 300 100 500 30,485.00

Submit Plans 0 8 0 8 473.36

TOTAL 100 308 100 508 30,958.36
*Estimates may not add due to rounding. Respondents (States) are counted only once. 634
State TOTAL ANNUAL BURDEN: 508 hrs./r espondent x 50 respondents = 25,400 hrs. 635 State TOTAL ANNUAL COST: $30,958.36/ respondent x 50 respondents = $1,547,918 636
637
638 Table 3b. Burden to Federal Agencies, Terr itories and Tribes Authorized to Certify 639 Applicators to Revise and Submit Certification Plans* 640

Collection
Activities Annual Burden Hours Per Respondent TOTALS

Senior
Technical Jr.
Technical Administrative Hours Cost

$95.91/hr. $70.15/hr. $40.29/hr. $

Revise Plans 16 48 16 80 34,665.00

Submit Plans 0 8 0 8 561.20

TOTAL 16 56 16 88 6,107.60*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 17 of 24 *Estimates may not add due to rounding. Responde nts (federal agencies, territories and tribes) 641 are counted only once. 642 Respondent TOTAL ANNUAL BURDEN: 88 hrs/respondent x 13 respondents = 1,144 hrs

. 643 Respondent TOTAL ANNUAL COST: $6,107.60/respondent x 13 respondents = $79,398.80 644
645 Training of Noncertified Applicators –Commercial and Private Applicators 646 Training of Noncertified Applicators a nd Commercial Applicator Recordkeeping 647
648 Under the proposed rule revisions, noncertified applicators under the di rect supervision of 649 certified applicators could be re quired to receive pesticide safe ty training. This requirement 650 would be fulfilled in 3 ways – by attending noncertif ied applicator training, or taking the core 651 exam under proposed 40 CFR 171, or attending pest icide safety training for handlers under the 652 Worker Protection Standard (WPS) (40 CFR 170). It is assumed that all noncertified applicators 653 who work as agricultural handler s will have taken the WPS handl er training, and therefore, 654
would not take the noncertified a pplicator training. Although the option to take an exam is 655 available, it is assumed that al l other noncertified applicators w ould opt to take the training. 656
657 To calculate burden and costs, the respondent s are separated into private and commercial 658 applicator categories. 659
660 EPA estimates that there are 947,275 noncer tified applicator s (trainees) on the 661 commercial side receiving one hour of training per year, and EPA estimates that there are about 662 364,579 commercial applicators (train ers) providing the training. The total annual respondent 663 burden for commercial applicator s to train noncertified commercial applicators and to record and 664 maintain records of the training recor dkeeping is 1,336,159.27 hours a nd total cost of 665 $38,606,636.76 (Table 4a). Commercial applicators ar e also required to k eep records of RUP 666 applications; this requirement exists under the cu rrent 40 CFR 171 and, therefore, is not costed in 667
this ICR amendment but is included in the baselin e total for the existing ICR (Table 1). Changes 668 to application recordkeeping requirements in the proposed rule are negligible. 669
670 For private establishments, EPA estimate s there are approximately 27,930 noncertified 671 applicators (trainees) receiving 1 hou r of training per year, and that the ratio of trainer to trainee 672
is 1:1. EPA estimates that there are a total of 81,678 noncertified applicat ors, but the majority 673 (53,748) are employed on farms that produce crop s and will receive pesticide handler training 674
under the Worker Protection Standard. The total annual respondent burden for private 675 applicators to train noncertified private applicators is 55,860 hours and total cost of 676 $2,777,079.90. For private applicators training noncertifi ed private applicator s there is no record 677 keeping requirement (Table 4b). 678
679 Table 4a. Training of Noncertified Applic ators under the Supervision of Commercial 680 Applicators 681
Activity Respondent Group Number of Respondents Total Responses Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr.) Burden Cost Burden Cost ($)*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 18 of 24 (hours) ($) (hours)

Train
noncertified
commercial applicators (1) N oncertified Applicators
under Supervision 947,275 947,275 27.52 1 27.52 947,275 26,069,008

Commercial Applicators 364,579 364,579 32.24 1 32.24 364,579 11,754,027

Record and
maintain
records of
noncertified applicator training Commercial Applicators 364,579 364,579 32.24 0.067 2.15 24,305.27 783,602

TOTAL 1,311,854 1,311,854 2.067 61.91 1,336,159.27 38,606,636.76

*Estimates may not add due to rounding. Re spondents (noncertified applicators under the 682 supervision of commercial applic ators) are counted only once. 683
684
685 Table 4b: Training of Noncertified Applicator s under the Supervision of Private Applicators

Activity Respondent Group Number of Respondents Total Responses Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr.) Burden Cost Burden Cost

($) (hours) ($) (hours)

Train
noncertified applicators Private Applicators 27,930 27,930 77.94 1 77.94 27,930 2,176,864.20

Attend
noncertified

training Noncertified Applicators 27,930 27,930 21.49 1 21 .49 27,930 600,215.70

TOTAL 55,860 55,860 55,860 2,777,079.90

*Estimates may not add due to rounding. Re spondents (noncertified applicators under the 686 supervision of private applicat ors) are counted only once. 687
688
689 Record Keeping For RUP Dealers 690
691 EPA estimates that there are approximately 9,000 1 agricultural retail establishments that 692 sell RUPs and an additional 1,000 retail establis hments that sell RUPs to non-agricultural 693
establishments. EPA assumes for this estimate th at all 10,000 establishments are licensed to sell 694
RUPs. Each RUP dealer is estimated to have approximately 1 RUP sale per week for 9 months 695 of the year, for a total of 39 RUP sales transactio ns per year. Each transaction is estimated to 696 require approximately 3 minutes. The estimated average annual burden in terms of hours and 697

1 Personal communication: 9,000 agricultural retailers per Richard Gupton Agricultural Retailers Association (personal communication with N. Fitz EPA sent via email to TJ Wyatt 7/31/14).*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 19 of 24 cost per dealer for RUP dealers to comply with new record keeping requirements is 698 approximately 2 hours and $900. The total burden for all RUP respondents is estimated to be 699 19,500 hours and the total cost is $896,220 (Table 5). 700
701 In Federal programs for Indian Country, wher e EPA administers the certification program, 702 dealers are also required to k eep records; this requirement al ready exists under the current 40 703
CFR 171 and therefore is not costed in this ICR amendment but is included in th e baseline total 704 for the existing ICR (Table 1). 705
706 Table 5. Recordkeeping for States with RUP Dealers* 707

Collection Activities Annual Burd en and Cost Per Respondent

Sales Mgr. Hours Total

Hours Cost

$45.96/hr. $

Create information 0.02 0.02 0.919
Store, file or maintain the information 0.03 0.03 1.38

TOTAL 0.05 0.05 2.30
*Estimates may not add due to rounding. Res pondents (RUP dealers) are counted only once. 708 TOTAL ANNUAL BURDEN: (0.05 hrs./respondent x 10,000 respondents) x 39 responses per 709 respondent = 19,500 hrs. 710 TOTAL ANNUAL COST: ($2.30/respondent x 1 0,000 respondents) x 39 responses per 711 respondent = $896,220. 712
713 NAICS code: 444200 Sales Managers Retail Nu rsery, Lawn and Garden Supply Stores. 714
715
716 6(c) Estimating Agency Burden and Cost 717
718
The Current ICR. The Agency has estimated the annual burden to the federal 719 government to review the submissions of annual reports and applications for certification in 720 EPA-administered programs. The Agency estimate s the annual burden to the Federal government 721 to review the registrants’ training material submissions for anthrax-related products. 722
723 The Agency estimates the total a nnual burden to the Agency associat ed with the certification of 724 pesticide applicators program and anthrax-relate d products training materi als to be 2,335 hours. 725 The total annual cost to the Agency for these reviews is $188,035. (Table 6). 726
727 Table 6. Current ICR Estimation of Agency Annual Burden and Cost* 728 Agency Total Burden Hours Total Cost ($) EPA Regional Offices (Table 8a)** 1,998.10 161,014.50 EPA Headquarters (Table 8b)** 262 21,007.16 EPA Headquarters – review of registrant training materials for anthrax-related products (Table 8c)** 75 6,013.50*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 20 of 24 TOTAL 2,335.10 188,035.16 * Estimates may not add due to rounding. 729

** The burden hours and costs in Table 6 above are from the current ICR (OMB No.: 2070- 730 0029; EPA No.: 0155.12 – Certification of Pesticid e Applicators). Please refer to that ICR, 731 Tables 8a, 8b, and 8c, for more information regarding the current total burden and costs 732
estimates. 733
734
735 Agency Burden and Cost Estimate for Rule Amendment - Burden to Headquarters for 736 Review and Approval of Re vised Certification Plans 737
738 The EPA’s burden to review and approve the re vised certification plans is shown below. 739 There are 63 authorized agencies (50 states plus 4 territories, 4 tribes and 5 federal agencies) that 740 are estimated to be required to submit plans to EPA for the Agency to review. The burden for 741 EPA to review certification plans submitted by stat es, territories and tribes is estimated at 80 742 hours per plan, and includes review ing the certification plan and legislative changes. EPA’s 743 time burden to revise federal certification plans is estimated at 40 hours because federal plans 744 have fewer requirements than state plans and the review does not in clude any legislative 745 changes. This review and approval of certific ation plans would be a one-time activity, not an 746 annual one. The total Agency burden to review al l authorized agency certification plans is 4,840 747 hours and the total cost is $388,071.20 (Table 7a). 748
749 Table 7a. Agency Burden and Cost Estimates - Burden to Headquarters for Review and 750 Approval of Revised Cert ification Plans Submitted by Authorized Agencies 751

Collection Activities Number of Respondents Tech. Hours $80.18/hr Total
Burden

Hours Total Cost $

Review State, Territory and Tribal
Plans 58 80 4,640 372,035.20

Review Federal Agency Plans 5 40 200 16,036

TOTAL 63 4,840 388,071.20 *Estimates may not add due to rounding. 752 TOTAL ANNUAL BURDEN: (80 hrs./s tate, territory or tribal pl an x 58 state, territory and 753 tribes = 4,640 hours) + (40 hours / federal agency plan x 5 fede ral agencies = 200 hours) Total 754 hourly burden =4,840 hours. 755 TOTAL ANNUAL COST: ($6,414.40/state, territory or tribal plan x 58 state, territory and 756 tribes= $372,035.20) + ($3,207.20/federa l agency plans x 5 federa l agencies = $16,036) Total 757 cost = $388,071.20 758
NAICS 999100 - Federal Executive Branch Standard Occupational Codes: 759 Technical: 19-0000, Life, Physic al, and Social Science Occupations 760
761 Agency Burden and Cost Estimate for Rule Amendment - Burden to Headquarters for 762
Revision of EPA-Administ ered Certification Plans 763
764 Currently there are 2 EPA-administered cer tification plans (Indian Country and Navajo 765 Nation) that the Agency would n eed to revise. The total burden to perform this activity are 80 766*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 21 of 24 hours and the cost is appr oximately $6,539 (Table 7b). 767
768
769 Table 7b. Agency Burden and Cost Estimate s – Headquarters to Re vise EPA-Administered 770
Certification Plans 771

Collection
Activities Annual Burden Hours Per Respondent TOTALS

Senior
Technical Jr.
Technical Administrative Hours Cost

$121.41/hr. $80.18/hr. $45.18/hr. $

Revise EPAAdministered
Certification
Plans 10 12 10 32 2,628.06

Submit Plans 0 8 0 8 641.44

TOTAL 10 20 10 40 3,269.50 *Estimates may not add due to roundi ng. Respondents are counted only once. 772 Agency TOTAL ANNUAL BURDEN: 40 hr s./response x 2 responses = 80 hrs. 773 Agency TOTAL ANNUAL COST: $3,269.50/respondent x 2 responses = $6,539 774
775 6(d) Change in Burden Hours and Cost Table 776
777 The estimated average annual burden and cost to respondents due to the amendments to 778 the Certification rule is approximately 1,853,117.77 hours and the total estimated cost is 779 $57,363,250.98 (Table 8a). 780
781
Table 8a. Incremental Increase in Annual Burden and Cost to Respondents* 782 Respondent Total Burden
Hours Total Cost ($)*

Rule Familiarization (Table 2) 415,054.50 13,455,997.52

Revision of State Certifica tion Plans (Table 3a) 25,400 1,547,918.00

Revision of Other Authorized Agency Certification Plans – Federal Agencies, Territories and Tribes (Table 3b) 1,144 79,398.80

Noncertified Applicator Tr aining and Recordkeeping – Commercial Applicators (Table 4a) 1,336,159.27 38,606,636.76

Noncertified Applicator Trai ning - Private Applicator (Table 4b) 55,860 2,777,079.90

RUP Sales Recordkeeping (Table 5) 19,500 896,220.00
TOTAL 1,853,117.77 57,363,250.98
*Estimates may not add due to rounding. 783
784
785*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 22 of 24 The Agency’s change in burden from the curren t Certification ICR to include the proposed 786
certification rule amendments is an incr ease of 4,920 hours and the cost is $394.610.20 (Table 787 8b). 788
789
Table 8b. Incremental Increase in A nnual Burden and Cost to Agency* 790 Agency Total Burden
Hours Total Cost ($)

Agency Review and Approval of Certification Plans (Table 7a) 4,840 388,071.20

EPA-Administered Plans Ag ency Plans (Table 7b) 80 6,539.00 TOTAL 4,920 394,610.20
*Estimates may not add due to rounding. 791
792
793 The total respondent burden and respondent costs from the current Certification ICR and the 794 proposed certificati on rule amendments is 3,173,371.60 hours and the cost is $100,001,116.20. 795 Total burden and costs to the Agen cy are 7,255 hours and $582,645.36 (Table 9) 796
797 Table 9. Summary of Total Annual Burden and Cost due to Proposed Rule Change* 798 Respondent Total Burden Hours Total Cost ($)

Current ICR Respondent Burden (Table 1) 1,320,253.83 42,637,865.23
Rule Respondent Burden (Table 8a) 1,853,117.77 57,363,250.98

TOTAL Respondent Burden and Cost 3,173,371.60 100,001,116.20

Agency Total Burden Hours Total Cost ($)

Current Agency (Table 6) 2,335 188,035.16
Agency Burden Rule (Table 8b) 4,920 394,610.20
TOTAL Agency Burden and Cost 7,255 582,645.36
*Estimates may not add due to rounding. 799
800
801 6(e) Reasons for Change in Burden 802
803 The change in burden for the total estimat ed respondent burden is a net increase of 804 1,853,117.77 hours. This increase in hours reflect s the addition of proposed programmatic 805 changes. The baseline burden estimate is from the draft renewal of current ICR, and includes 806 updates of burden estimates, including changes in the number of responden ts and the number of 807 responses provided by those respondents whose ce rtification programs are directly overseen by 808
EPA. 809
810*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 23 of 24 6(f) Burden Statement 811
812 The total annual respondent bur den associated with this ICR amendment is estimated to 813 be 1,853,117.77 hours, and the total annual re spondent cost associated is $57,363,250.98. 814
815 According to the Paperwork Reduction Act, “b urden” means the total time, effort, or 816 financial resources expended by persons to gene rate, maintain, retain, disclose, or provide 817 information to or for a Federal agency. For this collection, it is the time reading the regulations, 818 revising and submitting certification plans, c onducting or attending noncertified applicator 819 training, generating recordkeeping, and storing, f iling, and maintaining the data. The agency may 820 not conduct or sponsor, and a pers on is not required to respond to, a collection of information 821 unless it displays a currently valid OMB cont rol number. The OMB control number for this 822 information collection appears at the beginning and end of this document. In addition OMB 823 control numbers for EPA’s regulati ons, after initial display in the final rule, are listed in 40 CFR 824
Part 9. 825
826 The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ827 OPP-2011-0183, which is available for online view ing at www.regulations.gov, or in person at 828 the Office of Pesticide Programs Regulatory P ublic Docket Center (E PA/DC), EPA West Bldg., 829 Rm. 3334, 1301 Constitution Ave. NW., Wash ington, DC 20460-0001. The Public Reading 830 Room is open from 8:30 a.m. to 4:30 p.m., M onday through Friday, excluding legal holidays. 831 The telephone number for the Public Readi ng Room is (202) 566-1744, and the telephone 832 number for the OPP Docket is (703) 305- 5805. You may submit comments regarding the 833 Agency's need for this information, the accur acy of the provided burden estimates and any 834 suggested methods for minimizing respondent burd en, including the use of automated collection 835 techniques. 836
837 Submit your comments, referencing Dock et ID No. EPA-HQ-OPP-2011-0183 and OMB 838 Control No. 2070-[NEW], to (1) EPA online usi ng www.regulations.gov (our preferred method), 839 or by mail to: OPP Docket, Environmental Pr otection Agency Docket Center (EPA/DC), 840 (28221T), 1200 Pennsylvania Ave., NW., Wa shington, DC 20460-0001, and (2) OMB by mail 841 to: Office of Information and Regulatory Affair s, Office of Management and Budget (OMB), 842 Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503. 843
844*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 24 of 24 ATTACHMENTS TO THE SUPPORTING STATEMENT 845
846 Attachments to the supporting statement are ava ilable in the public docket established for this 847
ICR under docket identification number EP A-HQ-OPP-2011-0183. These attachments are 848 available for online viewing at www.regulations.gov or otherwise accessed as described in 849 section 6(f) of the supporting st atement, and as noted below. 850
851
Attachment A: 7 U.S.C. 136a(d) - FIFRA Section 3(d) - Also available at online at the US House of Representatives’ US Code website

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

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

online at the National Archives and Records Administration’s Electronic

CFR Website

Attachment D: Wage Rate Tables (Commercial Pesticide Applicators, Pesticide Registrants, Dealers, State Govern ment, and EPA) from the Economic Analysis for the Proposed Rulemaking

Attachment E: Information Collection Request: “Certification of Pesticide Applicators” OMB No: 2070-0029; EPA No: 0155.12

Attachment F: Display Related to OMB Control #2070-0029

– Listings of Related Regulations in 40 CFR 9.1

852