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SUPPORTING STATEMENT FOR 

AN INFORMATION COLLECTION REQUEST (ICR) 

EO12866_Rin2070-AJ20_PesticideCertApp_NPRM_DraftICR_2015-03-31.docx 

1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 

2 

3 1(a) Title of the Information Collection:

4 

5 This proposed ICR amendment for rulemaking is titled "Pesticides; Certification of 

6 Pesticide Applicators; Proposed Rule [RIN 2070-AJ20]."

7 

8 OMB No.: 2070-[new]; EPA No.: 2499.01 

9 

10 1(b) Short Characterization/Abstract 

11 

12 This Information Collection Request (ICR) amendment covers the proposed revisions to 

13 the “Certification of Pesticide Applicators” at 40 Code of Federal Regulations (CFR) Part 171, 

14 which regulates the certification of applicators of restricted use pesticides (RUPs), assuming that 

15 the proposed amendments become final. This ICR estimates the incremental burden of the 

16 proposed changes not already included in the currently approved ICR “Certification of Pesticide 

17 Applicators” (OMB No: 2070-0029; EPA No.: 0155.10) covering the current 40 CFR Part 171. 

18 

19 The existing regulation has provisions for states, tribes, territories, and federal agencies 

20 that wish to certify applicators to use RUPs to submit certification plans to EPA for review and 

21 approval, and requirements to report on specific information related to applicator certification 

22 activities annually. The regulation has standards of competency for persons who are certified to 

23 apply RUPs, as well as requirements related to noncertified applicators who apply RUPs under 

24 the direct supervision of certified applicators. In addition, it already requires pesticide dealers to 

25 maintain records of RUP sales in areas where EPA administers an applicator certification 

26 program. 

27 

28 EPA is proposing changes to the rule to improve the competency of certified applicators 

29 of RUPs and noncertified applicators who apply RUPs under the direct supervision of certified 

30 applicators. Proposed changes to the rule include new and revised standards for certification for 

31 commercial and private applicators, provisions for recertification of applicators, and training for 

32 noncertified applicators applying RUPs under the supervision of certified applicators. The 

33 proposal also includes changes to improve the clarity and organization of the rule and overall 

34 program operation. The proposed changes to the regulation are intended to ensure that all 

35 persons who use RUPs – i.e., private applicators, commercial applicators, and noncertified 

36 applicators using RUPs under the direct supervision of certified applicators – are competent to 

37 use RUPs in a manner that will not result in unreasonable adverse effects to themselves, others, 

38 or the environment. 

39 

40 This amendment ICR estimates the burden and costs of the proposed changes related to 

41 information collection and includes: training for noncertified applicators applying RUPs under 
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42 the direct supervision of certified applicators, recordkeeping of the noncertified applicator 

43 training, recordkeeping of RUP sales by pesticide dealerships under certification programs not 

44 administered by EPA, and costs to states, territories, tribes, and federal agencies to revise 

45 certification plans as needed to comply with the proposed requirements. 

46 

47 The following sections provide a general overview of the proposed requirements; burden and 

48 cost estimates are found in section 6. 

49 2. NEED FOR AND USE OF THE COLLECTION 

50 

51 2(a) Need/Authority for the Collection 

52 

53 The U.S. Environmental Protection Agency (EPA, or the Agency) is responsible for the 

54 regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 

55 This responsibility includes protecting applicators, the public, and the environment from 

56 exposure to pesticides. The current regulation 40 CFR Part 171, “Certification of Pesticide 

57 Applicators,” establishes the requirements for applicators of RUPs. RUPs are pesticides that EPA 

58 classifies as restricted use because they may pose unreasonable adverse effects to human health 

59 or the environment. To mitigate the risks of unreasonable adverse effects, RUPs must only be 

60 applied by applicators who have demonstrated a sufficient level of competency, as outlined in 

61 the regulations at 40 CFR part 171. 

62 

63 In accordance with FIFRA Section 25, on [Insert date of NPRM publication], EPA issued 

64 proposed revisions to 40 CFR 171, to improve these protections. 

65 

66 RUP applicators, including noncertified applicators using RUPs under the direct 

67 supervision of certified applicators, are exposed to pesticides and pesticide residues as part of 

68 their occupation. Such exposure can pose significant long- and short-term health risks. 

69 Noncertified applicators may be exposed to a wide range of pesticides with different toxicities 

70 and risks. In addition, RUPs pose risks of unreasonable adverse effects to the health of the 

71 applicators, bystanders, and the public, as well as to the environment, if not applied properly by 

72 competent persons. There is strong general evidence that such risks can occur and that they can 

73 be reduced; the activities subject to this ICR are designed to help reduce these risks by reducing 

74 exposure. Overall, the weight of evidence suggests that these paperwork activities, including the 

75 revisions in the proposed rule, would result in reduced incidents of negative effects from RUP 

76 exposure on the applicators, the public, and the environment. 

77 

78 The proposed rule requires specific training for noncertified applicators on proper 

79 application of RUPs and how to protect themselves, their families, and the environment from 

80 RUP exposure. Without the required training, affected noncertified applicators may be unaware 

81 of the risks of pesticide exposure or how to protect themselves and others from RUP exposure. 

82 The proposal would also require the certified applicator supervising a noncertified applicator to 

83 maintain records of the training provided, including 1) the trained noncertified applicator’s 

84 printed name, and signature; 2) the date of the training; 3) the name of the person who provided 

85 the training; and 4) the supervising commercial applicator’s name. The proposed training is 

86 intended to improve protections for noncertified applicators, the public, and the environment. 
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87 The regulations are enforced by state agencies, tribes, and territories. The EPA has 

88 received feedback from our regulatory partners indicating difficulty enforcing some 

89 requirements, due primarily to a lack of records. Proposed recordkeeping of training and RUP 

90 sales is designed to improve enforcement capability as a means of fostering compliance, thereby 

91 improving protections. 

92 

93 2(b) Practical Utility/Users of the Data 

94 

95 Training of noncertified applicators is necessary to ensure that persons using RUPs under 

96 the direct supervision of certified applicators have received the proper instruction and are 

97 prepared adequately to use RUPs in a manner that should not cause unreasonable risk to human 

98 health or the environment. Without these records, it would be difficult to successfully enforce 

99 against misuse and ensure proper training and supervision of noncertified applicators. 

100 

101 Dealer records of sales of RUPs are necessary for EPA to ensure that access to RUPs is 

102 limited to certified applicators. Recordkeeping of both training and sale of RUPs enhances the 

103 enforceability of these requirements. 

104 

105 State, tribal, territory, and federal agency certification plans and annually reported data 

106 related to applicator certification under these programs are used for several purposes. When a 

107 state receives a request to issue a reciprocal certification based on a certification issued by 

108 another state, it may review the certification plan of the issuing state to ensure the standards for 

109 certification are sufficiently similar to its own to warrant granting the reciprocal certification. 

110 The annually reported data from state certification programs is used in a formula to distribute 

111 federal funding to states under the State and Tribal Assistance Grants program. 

112 3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

113 CRITERIA 

114 

115 3(a) Non duplication 

116 

117 EPA is the only Federal agency with the authority to certify applicators of RUPs. 

118 However, the United States Department of Agriculture (USDA) also has regulations that impact 

119 certified applicators. The records required by USDA under 7 CFR 110, “Recordkeeping on 

120 Restricted Use Pesticides by Certified Applicators; Surveys and Reports,” are more specific than 

121 those required by EPA under 40 CFR 171. 

122 

123 USDA’s regulations require private applicators to maintain records regarding the 

124 application of RUPs. FIFRA prohibits EPA from requiring private applicators to keep records or 

125 make reports, so there is no duplication of recordkeeping with regard to private applicators. 

126 Only EPA requires recordkeeping for commercial applicators. The proposed recordkeeping for 

127 training of noncertified applicators only applies to commercial applicators. Consequently, no 

128 duplication of requirements exists. 

129 

130 The regulation provides for an exemption from the requirements of training for 

131 noncertified applicators using RUPs under the direct supervision of a certified applicator who 
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132 have a currently valid training qualification as a handler under the Worker Protection Standard 

133 found in 40 CFR Part 170. Therefore, no duplication of training is imposed. 

134 

135 3(b) Public Notice Required Prior to ICR Submission to OMB 

136 

137 The proposed rulemaking serves as the public notice for this ICR amendment. Interested 

138 parties should submit comments referencing Docket ID No. EPA-HQ-OPP-2011-0183 to the 

139 address listed at the end of this document. Responses will be taken into account in developing 

140 the final rulemaking. 

141 

142 3(c) Consultations 

143 

144 Formal and informal consultations have occurred regarding EPA’s regulation of activities 

145 performed by firms in the course of training and certifying persons who apply RUPs. 

146 Regulations under 40 CFR 171 were published in the Federal Register in 1974, 1975, and 1978 

147 with minor modifications in 1983 and 1984. EPA has engaged in continuous consultation and/or 

148 dialogue with industry and states on an informal and ongoing basis since beginning consideration 

149 of changing the regulation. 

150 

151 The Agency has been developing this proposal for a number of years and was required to 

152 convene a Panel under the Small Business Regulatory Enforcement Fairness Act of 1996 

153 (SBREFA). The Panel Report, all assembled materials, and the comments from small entities 

154 potentially affected by the proposed rule are in the docket for this action (EPA-HQ-2011-0183 at 

155 www.regulations.gov) 

156 

157 Consistent with EPA’s Indian policy, EPA’s Office of Pesticide Programs conducted a 

158 consultation with tribes in April 2010 during the rule development process to inform tribal 

159 governments of EPA’s rule proposals. The consultation was carried out via a series of scheduled 

160 conference calls with tribal representatives. The purpose of the consultation was to make tribes 

161 aware of and solicit input on the proposals that could affect tribes. 

162 

163 The changes to the information to be submitted to EPA by states, tribes, territories, and 

164 federal agencies that administer RUP applicator certification programs approved by EPA will be 

165 included in EPA’s outreach materials directed to these agencies. Also, EPA intends to encourage 

166 industry and states applicants to consult with the Agency during the public comment period. 

167 

168 3(d) Effects of Less Frequent Collection

169 

170 Training proposed for noncertified applicators would be required annually, as specified in 

171 40 CFR 171. Recordkeeping of the training is only required once per event. Consequently, the 

172 possibility for less frequent recordkeeping does not exist under the proposed amendments. Less 

173 frequent training would increase risk of unreasonable adverse effects from RUP use. 

174 

175 States, tribes, territories, and federal agencies that currently have certification plans 

176 approved by EPA will be required to revise these certification plans to incorporate the rule 

177 revisions, once final. This submission is anticipated as a one-time event. As required under the 
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178 current regulation, an authorized agency that makes significant changes to its plan beyond the 

179 changes to comply with the proposed rule would be required to submit the revised plan to EPA 

180 for approval. 

181 

182 3(e) General Guidelines 

183 

184 This information collection adheres to OMB’s guidelines at 5 CFR 1320.5(d). 

185 

186 3(f) Confidentiality

187 

188 The activities or records proposed in this information collection do not include any 

189 confidential business information (CBI) and will not involve any confidentiality concerns or 

190 information. 

191 

192 The Agency does not collect recordkeeping on the third-party training and RUP sales 

193 requirements. Further, this activity complies with the provisions of the Privacy Act of 1974 and 

194 OMB circular A-108. 

195 

196 3(g) Sensitive Questions

197 

198 No information of a sensitive or private nature is requested in conjunction with this 

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

200 the Privacy Act of 1974 and OMB circular A-108 (as amended), “Responsibilities for the 

201 Maintenance of Records about Individuals by Federal Agencies.” 

202 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 

203 

204 4(a) Respondents/NAICS codes 

205 

206 The North American Industrial Classification System (NAICS) codes have been provided 

207 below to help identify potentially affected categories and entities. This listing is not, 

208 however, intended to be exhaustive. 

209 

210 Pesticide Applicators: 

211 111 Agricultural Establishments (Crop Production) 

212 115112 Agricultural Pest Control 

213 111421 Nursery and Tree Production 

214 115210 Animal Production 

215 115310 Forestry and Logging 

216 561730 Ornamental & Turf, Rights-of-Way Pest Control 

217 321114 Wood Preservation Pest Control 

218 541712 Research & Demonstration Pest Control 

219 

220 Support activities for agriculture and forestry 

221 115310 Support Activities for Forestry - Pesticide Handling in Forestry 

222 115112 Soil Preparation, Planting, and Cultivating - Pesticide Handling on Farms 
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223 

224 Commercial Services - Pesticide Applicators: 

225 561710 Exterminating and Pest Control Services 

226 541690 Agricultural Consulting Services 

227 

228 Administration of Certification Programs by States/Tribal Lead Agencies: 

229 924110 Environmental Protection Program Administration 

230 926140 Governmental Pest Control Programs, Agricultural Extension 

231 

232 Pesticide Dealers: 

233 444220 Retail Nursery, Lawn, and Garden Supply stores 

234 424910 Agricultural Chemicals Merchant Wholesalers 

235 424690 Other Chemical and Allied Products Merchant Wholesalers 

236 

237 Pesticide and Other Agricultural Chemical Manufacturing: 

238 325320 Individuals or entities engaged in activities related to the registration of a 

239 pesticide product 

240 

241 4(b) Respondent Activities 

242 

243 (i) Information Collections (ICs) 

244 

245 The overall estimated potential economic impact of the proposed changes to the regulation 

246 is presented in the document entitled “Economic Analysis of Proposed Amendments to 40 CFR 

247 Part 171: Certification of Pesticide Applicators” (Economic Analysis), which is available as a 

248 part of the official public record for the proposed regulation change. This ICR amendment 

249 describes the information collection activities contained in the proposed regulation not currently 

250 included in the existing ICR, along with the estimated burden and costs related to those 

251 information collection requirements. 

252 

253 In order to comply with the revised rule, all certification plans will need to be revised and 

254 submitted to EPA for review and approval. The proposed rule requires training for noncertified 

255 applicators applying RUPs under the direct supervision of a certified applicator, recordkeeping 

256 of this training, and recordkeeping of RUP sales by pesticide dealerships. 

257 

258 (ii) Data items, including reporting and recordkeeping requirements

259 

260 This section describes the additional and revised categories of requirements under 40 

261 CFR Part 171, assuming that proposed amendments will become final, that would impact the 

262 burden and costs. 

263 

264 (1) Revision and submission of certification plans for Agency review and approval. 

265 §171.303, §171.305, §171.307, and §171.311 

266 

267 Authorized agencies with existing certification plans that plan to continue administering 

268 an applicator certification program would be required to revise and submit their certification 
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269 plans to be in compliance with the revised rule, once final. Authorized agencies include states, 

270 tribes, territories, and federal agencies authorized by EPA to administer a plan to certify. 

271 

272 Certification plans currently approved by EPA would be valid until 4 years after the 

273 effective date of the final rule. Authorized agencies that wish to continue administering a 

274 certification program that complies with the revised regulation must submit revised pesticide 

275 applicator certification plans for review and approval to EPA within 2 years after the effective 

276 date of the final rule. States, tribes, and territories may also need to make legislative changes in 

277 order to implement these changes. 

278 

279 EPA-administered certification plans must be revised by the Agency. These plans are for 

280 any state or area of Indian country where the Agency administers a plan for the certification of 

281 applicators of RUPs because there is no approved certification plan in effect. Currently, EPA 

282 administers two certification plans: one for Navajo Indian Country, and one for Indian Country 

283 across the United States. Only approved plans will be effective 2 years after the effective date of 

284 the final rule. 

285 

286 Authorized agencies may make modifications to their EPA-approved certification 

287 program plans. However, substantial modifications to plans need to be approved by EPA prior 

288 to making the change. The proposed rule outlines what types of plan changes constitute a 

289 substantially modified plan at proposed §171.309. The authorized agency must notify the 

290 Agency within 90 days after the modifications become effective or submit the notification along 

291 with the annual report, whichever date occurs first. 

292 

293 (2) Noncertified Applicator Training (§171.201(c))

294 

295 Certified applicators under programs administered by authorized agencies and EPA296 administered programs must provide training to noncertified applicators using RUPs under their 

297 direct supervision. At a minimum, the training program must include: 

298  Format and meaning of information contained on pesticide labels and in labeling, 

299 including safety information, such as precautionary statements about human 

300 health hazards. 

301  Hazards of pesticides resulting from toxicity and exposure, including acute and 

302 chronic effects, delayed effects, and sensitization. 

303  Routes by which pesticides can enter the body. 

304  Signs and symptoms of common types of pesticide poisoning. 

305  Emergency first aid for pesticide injuries or poisonings. 

306  How to obtain emergency medical care. 

307  Routine and emergency decontamination procedures. 

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

309  Prevention, recognition, and first aid treatment of heat-related illness associated 

310 with the use of personal protective equipment. 

311  Safety requirements for handling, transporting, storing, and disposing of 

312 pesticides, including general procedures for spill cleanup. 

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

314  Warnings against taking pesticides or pesticide containers home. 
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315  Washing and changing work clothes before physical contact with family. 

316  Washing work clothes separately from the family’s clothes before wearing them 

317 again. 

318  Precautions required to protect children and pregnant women. 

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

320  Instructions that the certified applicator must provide use-specific instructions for 

321 each application to the noncertified applicator(s), including labeling directions, 

322 precautions, and restrictions mandated by the specific site; the interrelationship 

323 between the characteristics of the use site and conditions of the application, and 

324 how to use the application equipment. 

325 

326 In programs administered by authorized agencies, the training includes what EPA 

327 requires as well as any additional requirements by the authorized agency. Some states may 

328 prohibit the use of RUPs by anyone other than a certified applicator. In these states, no training 

329 would be conducted. EPA is aware of 4 states that prohibit the use of RUPs by any person other 

330 than a certified applicator (both commercial and private certified applicators); in those states, no 

331 training for noncertified applicators would be conducted because they are not qualified to use 

332 RUPs. 

333 

334 This training must take place before any noncertified applicator applies an RUP under the 

335 direct supervision of the certified applicator. The training qualification must be met annually. 

336 Noncertified applicators may be qualified to use RUPs under the direct supervision of certified 

337 applicators through the training described above, or through either of 2 alternate ways: 

338 - Currently satisfying training requirements for an agricultural handler under the Worker 

339 Protection Standard as proposed at §170.201(c)

340 -Passing the core exam for commercial applicators as proposed at §171.103(c) within the 

341 last 3 years. 

342 

343 (3) Commercial Applicator Records of Noncertified Applicator Training (§171.201(e))

344 

345 Commercial applicators who supervise noncertified applicators using RUPs must collect 

346 and maintain at the principal place of business, for two years, records of training for any 

347 noncertified applicators being supervised. The records must include the following: the trained 

348 noncertified applicator’s printed name, the date of the training, the name of the person who 

349 provided the training, and the supervising certified applicator’s name. 

350 

351 In programs administered by authorized agencies, the information recorded includes what 

352 EPA requires as well as any requirements by the authorized agency. As discussed above, EPA is 

353 aware of four states that prohibit the use of RUPs by anyone other than a certified applicator. In 

354 these states, no information would be recorded because no training would be conducted. 

355 

356 Records are not required to be submitted, but they must be made available to EPA or 

357 officials of authorized agencies upon request. Records collected may become part of an 

358 enforcement action or investigation. 

359 
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360 (4) Dealer recordkeeping in programs administered by authorized agencies (§171.311(f)(1)) 

361 

362 In EPA-administered certification programs, dealers are required to keep records of RUP 

363 sales; this requirement exists under the current 40 CFR 171 (See §171.11(g)(2)) and is included 

364 in the current ICR. State-administered certification programs use state authority to require 

365 dealers to maintain sales records for RUPs, and therefore, are not included in the current 

366 certification ICR’s paperwork burden estimates. 

367 

368 The proposed rule would require dealers in all certification programs, including state369 administered programs, to keep records of the sale of RUPs for 2 years. Dealer records would be 

370 maintained at the pesticide dealership. Recordkeeping requirements are proposed to include: 

371  Name and address of the residence or principal place of business of each certified 

372 applicator to whom the restricted use pesticide was distributed or sold, or if 

373 applicable, the name and address of the residence or principal place of business of 

374 each noncertified person to whom the restricted use pesticide was distributed or 

375 sold for application by a certified applicator. 

376  The certification number on the certification document presented to the seller 

377 evidencing the valid certification of the certified applicator authorized to purchase 

378 the restricted use pesticide, the State, Tribe or Federal agency that issued the 

379 certification document, the expiration date of the certified applicator's 

380 certification, and the categories in which the applicator is certified. 

381  The product name and EPA registration number of the RUP(s) distributed or sold 

382 in the transaction, including any applicable emergency exemption or State special 

383 local need registration number. 

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

385  The date of the transaction. 

386 

387 Records of RUP sales are necessary for EPA to ensure that access to RUPs is limited to 

388 certified applicators, or those under their direct supervision. Without the ability to limit access to 

389 RUPs, there would be little purpose in certifying applicators or classifying pesticides for 

390 restricted use. 

391 

392 Records are not required to be submitted, but they must be made available to EPA or 

393 officials of authorized agencies upon request. Records collected may become part of an 

394 enforcement action or investigation. 

395 

396 (iii) Respondent Activities 

397 

398  Rule Familiarization – authorized agencies, certified applicators and RUP dealers read 

399 and understand 40 CFR 171. 

400 

401  Revise Certification Plans– make necessary changes to the authorized agency 

402 certification program to comply with the proposed rule, including regulatory and 

403 legislative changes if necessary. 

404 

405  Submit Certification Plans– submit revised certification plan to EPA for review and 
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406 approval using electronic submission and reporting portal (Certification Plan and 

407 Reporting Database). 

408 

409  Dealer Recordkeeping in Programs Administered by Authorized Agencies – record, 

410 collect, maintain records of sales of RUPs for a period of two years at the pesticide 

411 dealership. 

412 

413  Commercial Applicator Records of Noncertified Applicator Training – commercial 

414 applicators who supervise noncertified applicators using RUPs must record, collect and 

415 maintain at the principal place of business, for two years, records of training for any 

416 noncertified applicators being supervised. 

417 

418  Noncertified Applicator Training – certified applicators must ensure that noncertified 

419 applicators using RUPs under their direct supervision. Noncertified applicators must 

420 attend training. 

421 

422 5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 

423 METHODOLOGY, AND INFORMATION MANAGEMENT

424 

425 5(a) Agency Activities 

426 

427 Agency activities relate to certification plans as follows: 

428 

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

430 

431  Review and Approve Certification Plans from Authorized Agencies – collect information 

432 from authorized agencies, review plans, document any formal decisions made. 

433 - FR notices 

434 - Review legislative changes 

435 

436  Revise EPA-Administered Certification Plans 

437 

438  Store, File, Maintain, and Distribute Information – compile information into appropriate 

439 databases and archive. 

440 

441 

442 5(b) Collection Methodology and Management 

443 

444 This information collection amendment applies to authorized agencies and individuals 

445 who are certified applicators or dealers of RUPs. EPA does not require the submission of 

446 records kept by dealers or commercial applicators, but rather requires that they furnish records 

447 for inspection and copying upon request. Authorized agencies have an obligation for one time 

448 reporting to EPA with updated certification plans. 

449 
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450 5(c) Small Entity Flexibility 

451 

452 Most affected entities (certified applicators, pesticide dealers) are small entities. The 

453 information collected and the recordkeeping required is the minimum required by regulation and 

454 that is necessary to implement a successful certification program. EPA believes that the records 

455 required of certified pesticide applicators and dealers are minimal and would generally be kept 

456 by the affected entities for their own use even in the absence of this regulation. 

457 

458 5(d) Collection Schedule 

459 

460 There is no set collection schedule for commercial applicators or dealers of RUPs. 

461 Commercial applicators must generate records of the training of noncertified applicators under 

462 their direct supervision immediately after training and are required to maintain these records for 

463 2 years. Similarly, dealer records of RUP sales are required to be maintained for two years. 

464 Although the commercial applicator records and the dealer records are maintained locally and 

465 are not required to be submitted to EPA or the authorized agencies, they must be made available 

466 for EPA or authorized agency officials upon request. Records collected may become part of an 

467 investigation or enforcement action. 

468 

469 Certification plans are required to be submitted for review and approval by the Agency. 

470 States, tribes, territories, and federal agencies must submit plans for review and approval to EPA 

471 within 2 years after the effective date of the final rule. All certification plans approved under the 

472 current rule would be valid until 4 years after the effective date of the final rule or until 

473 superseded by a revised plan approved by EPA. This submission is anticipated as a one-time 

474 event, unless an authorized agency makes significant changes to their plan. Significant changes 

475 to the plans must be approved by the Agency prior to making the changes. 

476 6. ESTIMATING THE BURDEN AND COST OF COLLECTION

477 

478 6(a) Estimating Respondent Burden 

479 

480 In this section, the Agency describes the assumptions and methods used to estimate the 

481 total cost and hourly burden estimates for all of the rule requirements, assuming that the 

482 proposed amendments become final. Tables 2-7 list the estimated burden hours and costs 

483 associated with this ICR. The estimates are based on the information and figures contained in the 

484 “Economic Analysis of Proposed Amendments to 40 CFR Part 171 Certification of Pesticide 

485 Applicators,” as well as information obtained by the Agency from the U.S. Department of 

486 Labor’s Bureau of Labor Statistics (BLS) for wage rates, and U.S. Department of Agriculture’s 

487 special tabulation for the number of farms that hire workers and use pesticides based on the 

488 number of farms in the 2007 Agricultural Census. 

489 

490 EPA is estimating only the incremental burden imposed upon respondents for compliance 

491 with the paperwork requirements established in the final rule. EPA is not estimating, de novo, 

492 the estimated paperwork burden for compliance with the existing regulation at 40 CFR 171 in 

493 this ICR. EPA does assume that authorized agencies and applicators are already in compliance 

494 with the regulation at 40 CFR 171, and therefore, believes that there is no additional burden 
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495 imposed upon these respondents for complying with the requirements from the existing 

496 regulation that are also included in the proposed rule. The current ICR includes certified 

497 applicator recordkeeping of RUP applications, recordkeeping and reporting of RUP sales by 

498 pesticide dealerships within EPA-administered programs, and annual reporting of certification 

499 programs to the Agency. The proposed rule retains these requirements and any changes to these 

500 requirements are negligible in burden and costs. 

501 

502 Respondents affected by the collection activities under this ICR are: 

503 

504  Certified applicators; private and commercial. The number of applicators is based on the 

505 Certification Plan and Reporting Database for the years 2008 to 2013 (CPARD, 2014), 

506 there are 364,579 commercial applicators and 455,278 private applicators. 

507 

508  Noncertified applicators under the direct supervision of certified applicators. It is 

509 estimated that there are 947,275 noncertified applicators who apply RUPs under the 

510 direct supervision of commercial certified applicators, and there are 81,678 noncertified 

511 applicators under the direct supervision of private certified applicators. 

512 

513  RUP dealers. EPA estimates that there are approximately 10,000 retail dealers. 

514 According to the Agricultural Retailers Association, there are approximately 9,000 

515 agricultural retailers in the United States. Not all are licensed to sell RUPs. EPA 

516 estimates that there are far fewer nonagricultural pesticide retailers licensed to sell RUPs, 

517 given that RUPs are generally not labeled for use in residential and other public areas, 

518 even by a certified applicator. 

519 

520  Authorized agencies. Authorized agencies are the entities that are authorized by EPA to 

521 administer applicator certification plans under 40 CFR 171. Authorized agencies 

522 includes states, territories, federally recognized tribes and federal agencies. In addition to 

523 the 50 states, there are 4 plans for the US territories (Puerto Rico, DC, US Virgin Islands, 

524 and Pacific Islands), 4 tribal plans, and 5 approved Federal agency certification 

525 plans. Federal agencies include DOD, DOE, USDA APHISPPQ, USDA Forest Service 

526 (the 2 USDA plans are separate plans), and DOI (the DOI plan covers 3 agencies within 

527 DOI BLM, BIA and NPS, but no others). Wage rates vary according to the entity. 

528 

529 Respondent activities that are within the scope of this amendment ICR include: 

530  Rule familiarization 

531  Revision and submission of RUP certification plans 

532  Training of noncertified commercial and private applicators 

533  Record keeping of noncertified commercial applicators 

534  Record keeping of RUP sales by for pesticide dealers 

535 

536 The respondent activities are covered in more detail in section 4(b)(iii). The following section, 

537 6(b), includes burden and cost estimates for theses respondent activities. 

538 
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539 6(b) Estimating Respondent Costs

540 

541 The wages and the estimated benefits and overhead for all labor categories for affected 

542 industries, state government, and EPA employees are based on publicly available data from the 

543 US Bureau of Labor Statistics (BLS). The formulas used to estimate the labor rates and formulas 

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

545 Attachment D. 

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 wage rates are used to calculate respondent costs. 

This amendment uses 2013 BLS data. 

Unloaded 

Wage Rate 

Wages are estimated for labor types (management, technical, and clerical) 

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

relevant sectors available in the National Industry-Specific Occupational 

Employment and Wage Estimates from the Bureau of Labor Statistics (BLS) 

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

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

and website for each sector is included in that sector’s wage rate table (see 

Attachment H). Within each sector, the wage data are provided by Standard 

Occupational Classification (SOC). The SOC system is used by Federal 

statistical agencies to classify workers into occupational categories for the 

purpose of collecting, calculating, or disseminating data (see 

http://www.bls.gov/oes/current/oes_stru.htm). 

Loaded Wage 

Rate 

Unless stated otherwise, all benefits represent 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 

549 Current ICR for 40 CFR 171 

550 

551 The estimated burden and costs associated with the information collection activities of 

552 the current CFR 171 rule is estimated in the ICR “Certification of Pesticide Applicators” (OMB 

553 No.: 2070-0029; EPA No.: 0155.12). This ICR is being renewed with updated costs and burden. 

554 A draft renewal ICR was published in the Federal Register on July 24, 2014. The 60-day public 

555 comment period (Docket ID No. EPA-HQ-OPP-2014-0446) ended September 22, 2014, with no 

556 comments received. The total burden, as estimated in the draft ICR renewal, for annual report 
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557 activities in terms of hours and cost for respondents is 1,320,254 hours and the total cost for all 

558 authorized agencies is $42,637,865 (Table 1). Once final, changes to these estimates made 

559 during the ICR renewal process will be reflected in Table 1. 

560 

561 Table 1. Current Respondent Annual Burden and Cost Table from the Current ICR* 

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

562 * Estimates may not add due to rounding. Values may be rounded to the nearest two decimal 

563 places, and actual column totals may be slightly higher or lower. 

564 **The tables referred to in Table 1 above in this document are the tables in the current ICR 

565 (OMB No.: 2070-0029; EPA No.: 0155.12 – Certification of Pesticide Applicators). Please 

566 refer to that ICR for more information. 

567 

568 The following tables illustrate the estimated burden and costs associated with the 

569 additional information collection activities of this program that would result from the proposed 

570 rule. 

571 

572 Rule Familiarization 

573 

574 The estimated average annual burden in terms of hours and cost for respondents to 

575 familiarize themselves with the new rule changes varies by respondent. The estimate is a 3 year 

576 average, assuming that more time is spent in the first year to fully familiarize themselves with 

577 the respondent with the revised requirements for the certification programs. The total burden 

578 hours for all respondents estimated to familiarize themselves with the new rule is estimated to be 

579 415,055 and the total cost is $13,455,998 (Table 2). 

580 

581 There are three groups of respondents: 

582  Authorized Agencies with EPA-approved applicator certification plans (includes 50 

583 state, 4 US territory, 4 tribe, and 5 federal agency plans). The Agency estimates that the 

584 authorized agencies will spend 4 hours in the first year to familiarize the revised 
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585 regulation, and 1 hour each for the second and third year covered by this ICR. The 

586 average time spent annually is 2 hours. 

587  Certified applicators: both private and commercial. Certified applicators are assumed to 

588 review the requirements for certified applicators. It is estimated that they will spend 1 

589 hour the first year, and 15 minutes each for the second and third years. The average time 

590 spent annually is 30 minutes. 

591  RUP dealers. RUP dealers are assumed to review the requirements for dealers. It is 

592 estimated that they will spend 1 hour the first year, and 15 minutes each for the second 

593 and third years. The average time spent annually is 30 minutes. 

594 

595 Table 2. Rule Familiarization* 

596 *Estimates may not add due to rounding. Respondents (authorized agencies, certified applicators 

597 and RUP dealers) are counted only once. 

598 

599 Annual Respondent Burden and Cost Estimates to Revise and Submit Certification Plans 

600 to EPA for Review and Approval 

601 

602 Authorized agencies with existing certification plans would be required to revise and 

603 submit their certification plans to be in compliance with the revised rule, once final. 

604 

605 In order to implement the revised regulations, laws and regulations relevant to the 

606 certification plans may also need to be revised. The Agency assumes that all states and 

607 territories with currently EPA-approved certification plans will update their laws and regulations, 

608 in addition to revising the certification plan. For each plan revised, 500 hours is estimated to be 

609 make the necessary legislative revisions and development of the revised certification plan. EPA 

610 estimates that submitting each plan to EPA for review and approval through the CPARD 

611 database would take 8 hours per plan. 

612 

613 For states, the total burden is estimated to be 25,400 hours and the total cost is 

614 $1,547,918 (Table 3a). 

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 

Certified 

ApplicatorsPrivate 

 455,278 455,278 32.24 0.50 16.12 227,639.00 7,339,081.36 

Rule 

Familiarization 

Certified 

ApplicatorsCommercial 

 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 
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616 Federal agencies and tribes do not have to make legislative changes, and thus, less time is 

617 assumed to revise the certification plans. Tribes and Federal agencies, however, must revise 

618 their existing certification plans to comply with the revised regulations, resulting in 

619 administrative burden. Tribes base their certification plans on recognizing an existing state 

620 certification program. Therefore, the tribes will rely on the state regulatory and legislative 

621 changes made in order to comply with the rule changes. Federal agencies and tribes also must 

622 submit the updated certification plans to EPA for review and approval. 

623 

624 For federal agencies, tribes, and territories authorized to certify applicators, the total 

625 burden is estimated to be 1,144 hours and the total cost is $79,398 (Table 3b). 

626 

627 In addition to the authorized agency certification plans, EPA directly administers 2 

628 certification programs, a national certification plan for Indian Country (79 FR 7185; February 6, 

629 2014) and a certification plan for the Navajo Nation (72 FR 32648; June 13, 2007). The burden 

630 and costs to revise these plans is to the Agency and is illustrated in Table 7b. The burden and 

631 costs to Indian Country and the Navajo Nation are negligible. 

632 

633 Table 3a. Burden to States to Revise Regulations and Certification Plans* 

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 

634 *Estimates may not add due to rounding. Respondents (States) are counted only once. 

635 State TOTAL ANNUAL BURDEN: 508 hrs./respondent x 50 respondents = 25,400 hrs. 

636 State TOTAL ANNUAL COST: $30,958.36/respondent x 50 respondents = $1,547,918 

637 

638 

639 Table 3b. Burden to Federal Agencies, Territories and Tribes Authorized to Certify 

640 Applicators to Revise and Submit Certification Plans*

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 
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641 *Estimates may not add due to rounding. Respondents (federal agencies, territories and tribes) 

642 are counted only once. 

643 Respondent TOTAL ANNUAL BURDEN: 88 hrs/respondent x 13 respondents = 1,144 hrs. 

644 Respondent TOTAL ANNUAL COST: $6,107.60/respondent x 13 respondents = $79,398.80

645 

646 Training of Noncertified Applicators –Commercial and Private Applicators 

647 Training of Noncertified Applicators and Commercial Applicator Recordkeeping 

648 

649 Under the proposed rule revisions, noncertified applicators under the direct supervision of 

650 certified applicators could be required to receive pesticide safety training. This requirement 

651 would be fulfilled in 3 ways – by attending noncertified applicator training, or taking the core 

652 exam under proposed 40 CFR 171, or attending pesticide safety training for handlers under the 

653 Worker Protection Standard (WPS) (40 CFR 170). It is assumed that all noncertified applicators 

654 who work as agricultural handlers will have taken the WPS handler training, and therefore, 

655 would not take the noncertified applicator training. Although the option to take an exam is 

656 available, it is assumed that all other noncertified applicators would opt to take the training. 

657 

658 To calculate burden and costs, the respondents are separated into private and commercial 

659 applicator categories. 

660 

661 EPA estimates that there are 947,275 noncertified applicators (trainees) on the 

662 commercial side receiving one hour of training per year, and EPA estimates that there are about 

663 364,579 commercial applicators (trainers) providing the training. The total annual respondent 

664 burden for commercial applicators to train noncertified commercial applicators and to record and 

665 maintain records of the training recordkeeping is 1,336,159.27 hours and total cost of 

666 $38,606,636.76 (Table 4a). Commercial applicators are also required to keep records of RUP 

667 applications; this requirement exists under the current 40 CFR 171 and, therefore, is not costed in 

668 this ICR amendment but is included in the baseline total for the existing ICR (Table 1). Changes 

669 to application recordkeeping requirements in the proposed rule are negligible. 

670 

671 For private establishments, EPA estimates there are approximately 27,930 noncertified 

672 applicators (trainees) receiving 1 hour of training per year, and that the ratio of trainer to trainee 

673 is 1:1. EPA estimates that there are a total of 81,678 noncertified applicators, but the majority 

674 (53,748) are employed on farms that produce crops and will receive pesticide handler training 

675 under the Worker Protection Standard. The total annual respondent burden for private 

676 applicators to train noncertified private applicators is 55,860 hours and total cost of 

677 $2,777,079.90. For private applicators training noncertified private applicators there is no record 

678 keeping requirement (Table 4b). 

679 

680 Table 4a. Training of Noncertified Applicators under the Supervision of Commercial 

681 Applicators 

Activity Respondent 

Group 

Number of 

Respondents

Total 

Responses 

Annually 

Wage 

Rate 

Per Event 

Average 

TOTALS 

(3-yr. 

average) ($/hr.) Burden Cost Burden Cost 

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

Train 

noncertified 

commercial 

applicators (1) 

Noncertified 

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 

682 *Estimates may not add due to rounding. Respondents (noncertified applicators under the 

683 supervision of commercial applicators) are counted only once. 

684 

685 

Table 4b: Training of Noncertified Applicators 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 

 

686 *Estimates may not add due to rounding. Respondents (noncertified applicators under the 

687 supervision of private applicators) are counted only once. 

688 

689 

690 Record Keeping For RUP Dealers 

691 

EPA estimates that there are approximately 9,0001 692 agricultural retail establishments that 

693 sell RUPs and an additional 1,000 retail establishments that sell RUPs to non-agricultural 

694 establishments. EPA assumes for this estimate that all 10,000 establishments are licensed to sell 

695 RUPs. Each RUP dealer is estimated to have approximately 1 RUP sale per week for 9 months 

696 of the year, for a total of 39 RUP sales transactions per year. Each transaction is estimated to 

697 require approximately 3 minutes. The estimated average annual burden in terms of hours and 

 

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). 
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698 cost per dealer for RUP dealers to comply with new record keeping requirements is 

699 approximately 2 hours and $900. The total burden for all RUP respondents is estimated to be 

700 19,500 hours and the total cost is $896,220 (Table 5). 

701 

702 In Federal programs for Indian Country, where EPA administers the certification program, 

703 dealers are also required to keep records; this requirement already exists under the current 40 

704 CFR 171 and therefore is not costed in this ICR amendment but is included in the baseline total 

705 for the existing ICR (Table 1). 

706 

707 Table 5. Recordkeeping for States with RUP Dealers* 

Collection Activities Annual Burden 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

708 *Estimates may not add due to rounding. Respondents (RUP dealers) are counted only once. 

709 TOTAL ANNUAL BURDEN: (0.05 hrs./respondent x 10,000 respondents) x 39 responses per 

710 respondent = 19,500 hrs.

711 TOTAL ANNUAL COST: ($2.30/respondent x 10,000 respondents) x 39 responses per 

712 respondent = $896,220. 

713 

714 NAICS code: 444200 Sales Managers Retail Nursery, Lawn and Garden Supply Stores. 

715 

716 

717 6(c) Estimating Agency Burden and Cost 

718 

719 The Current ICR. The Agency has estimated the annual burden to the federal 

720 government to review the submissions of annual reports and applications for certification in 

721 EPA-administered programs. The Agency estimates the annual burden to the Federal government 

722 to review the registrants’ training material submissions for anthrax-related products. 

723 

724 The Agency estimates the total annual burden to the Agency associated with the certification of 

725 pesticide applicators program and anthrax-related products training materials to be 2,335 hours. 

726 The total annual cost to the Agency for these reviews is $188,035. (Table 6).

727 

728 Table 6. Current ICR Estimation of Agency Annual Burden and Cost* 

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
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TOTAL 2,335.10 188,035.16

729 * Estimates may not add due to rounding. 

730 ** The burden hours and costs in Table 6 above are from the current ICR (OMB No.: 2070-

731 0029; EPA No.: 0155.12 – Certification of Pesticide Applicators). Please refer to that ICR, 

732 Tables 8a, 8b, and 8c, for more information regarding the current total burden and costs 

733 estimates.

734 

735 

736 Agency Burden and Cost Estimate for Rule Amendment - Burden to Headquarters for 

737 Review and Approval of Revised Certification Plans 

738 

739 The EPA’s burden to review and approve the revised certification plans is shown below. 

740 There are 63 authorized agencies (50 states plus 4 territories, 4 tribes and 5 federal agencies) that 

741 are estimated to be required to submit plans to EPA for the Agency to review. The burden for 

742 EPA to review certification plans submitted by states, territories and tribes is estimated at 80 

743 hours per plan, and includes reviewing the certification plan and legislative changes. EPA’s 

744 time burden to revise federal certification plans is estimated at 40 hours because federal plans 

745 have fewer requirements than state plans and the review does not include any legislative 

746 changes. This review and approval of certification plans would be a one-time activity, not an 

747 annual one. The total Agency burden to review all authorized agency certification plans is 4,840 

748 hours and the total cost is $388,071.20 (Table 7a). 

749 

750 Table 7a. Agency Burden and Cost Estimates - Burden to Headquarters for Review and 

751 Approval of Revised Certification Plans Submitted by Authorized Agencies

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

752 *Estimates may not add due to rounding. 

753 TOTAL ANNUAL BURDEN: (80 hrs./state, territory or tribal plan x 58 state, territory and 

754 tribes = 4,640 hours) + (40 hours / federal agency plan x 5 federal agencies = 200 hours) Total 

755 hourly burden =4,840 hours. 

756 TOTAL ANNUAL COST: ($6,414.40/state, territory or tribal plan x 58 state, territory and 

757 tribes= $372,035.20) + ($3,207.20/federal agency plans x 5 federal agencies = $16,036) Total 

758 cost = $388,071.20

759 NAICS 999100 - Federal Executive Branch Standard Occupational Codes: 

760 Technical: 19-0000, Life, Physical, and Social Science Occupations 

761 

762 Agency Burden and Cost Estimate for Rule Amendment - Burden to Headquarters for 

763 Revision of EPA-Administered Certification Plans 

764 

765 Currently there are 2 EPA-administered certification plans (Indian Country and Navajo 

766 Nation) that the Agency would need to revise. The total burden to perform this activity are 80 
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767 hours and the cost is approximately $6,539 (Table 7b). 

768 

769 

770 Table 7b. Agency Burden and Cost Estimates – Headquarters to Revise EPA-Administered 

771 Certification Plans 

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 

772 *Estimates may not add due to rounding. Respondents are counted only once. 

773 Agency TOTAL ANNUAL BURDEN: 40 hrs./response x 2 responses = 80 hrs. 

774 Agency TOTAL ANNUAL COST: $3,269.50/respondent x 2 responses = $6,539 

775 

776 6(d) Change in Burden Hours and Cost Table 

777 

778 The estimated average annual burden and cost to respondents due to the amendments to 

779 the Certification rule is approximately 1,853,117.77 hours and the total estimated cost is 

780 $57,363,250.98 (Table 8a). 

781 

782 Table 8a. Incremental Increase in Annual Burden and Cost to Respondents* 

Respondent Total Burden 

Hours 

Total Cost ($)* 

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

Revision of State Certification 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 Training and Recordkeeping –

Commercial Applicators (Table 4a) 

1,336,159.27 38,606,636.76

Noncertified Applicator Training - 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

783 *Estimates may not add due to rounding. 

784 

785 
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786 The Agency’s change in burden from the current Certification ICR to include the proposed 

787 certification rule amendments is an increase of 4,920 hours and the cost is $394.610.20 (Table 

788 8b). 

789 

790 Table 8b. Incremental Increase in Annual Burden and Cost to Agency* 

Agency Total Burden 

Hours 

Total Cost ($) 

Agency Review and Approval of Certification Plans 

(Table 7a) 

4,840 388,071.20

 EPA-Administered Plans Agency Plans (Table 7b) 80 6,539.00

TOTAL 4,920 394,610.20

791 *Estimates may not add due to rounding. 

792 

793 

794 The total respondent burden and respondent costs from the current Certification ICR and the 

795 proposed certification rule amendments is 3,173,371.60 hours and the cost is $100,001,116.20. 

796 Total burden and costs to the Agency are 7,255 hours and $582,645.36 (Table 9) 

797 

798 Table 9. Summary of Total Annual Burden and Cost due to Proposed Rule Change* 

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

799 *Estimates may not add due to rounding. 

800 

801 

802 6(e) Reasons for Change in Burden 

803 

804 The change in burden for the total estimated respondent burden is a net increase of 

805 1,853,117.77 hours. This increase in hours reflects the addition of proposed programmatic 

806 changes. The baseline burden estimate is from the draft renewal of current ICR, and includes 

807 updates of burden estimates, including changes in the number of respondents and the number of 

808 responses provided by those respondents whose certification programs are directly overseen by 

809 EPA. 

810 
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811 6(f) Burden Statement

812 

813 The total annual respondent burden associated with this ICR amendment is estimated to 

814 be 1,853,117.77 hours, and the total annual respondent cost associated is $57,363,250.98. 

815 

816 According to the Paperwork Reduction Act, “burden” means the total time, effort, or 

817 financial resources expended by persons to generate, maintain, retain, disclose, or provide 

818 information to or for a Federal agency. For this collection, it is the time reading the regulations, 

819 revising and submitting certification plans, conducting or attending noncertified applicator 

820 training, generating recordkeeping, and storing, filing, and maintaining the data. The agency may 

821 not conduct or sponsor, and a person is not required to respond to, a collection of information 

822 unless it displays a currently valid OMB control number. The OMB control number for this 

823 information collection appears at the beginning and end of this document. In addition OMB 

824 control numbers for EPA’s regulations, after initial display in the final rule, are listed in 40 CFR 

825 Part 9. 

826 

827 The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ828 OPP-2011-0183, which is available for online viewing at www.regulations.gov, or in person at 

829 the Office of Pesticide Programs Regulatory Public Docket Center (EPA/DC), EPA West Bldg., 

830 Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading 

831 Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 

832 The telephone number for the Public Reading Room is (202) 566-1744, and the telephone 

833 number for the OPP Docket is (703) 305-5805. You may submit comments regarding the 

834 Agency's need for this information, the accuracy of the provided burden estimates and any 

835 suggested methods for minimizing respondent burden, including the use of automated collection 

836 techniques. 

837 

838 Submit your comments, referencing Docket ID No. EPA-HQ-OPP-2011-0183 and OMB 

839 Control No. 2070-[NEW], to (1) EPA online using www.regulations.gov (our preferred method), 

840 or by mail to: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), 

841 (28221T), 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, and (2) OMB by mail 

842 to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), 

843 Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503. 

844 
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845 ATTACHMENTS TO THE SUPPORTING STATEMENT

846 

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

848 ICR under docket identification number EPA-HQ-OPP-2011-0183. These attachments are 

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

850 section 6(f) of the supporting statement, and as noted below. 

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 Government, 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 

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