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SUPPORTING STATEMENT FOR AN 

INFORMATION COLLECTION REQUEST (ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a). Title and Numbers of the Information Collection 

Title: Pesticide Program Public Sector Collections (FIFRA Sections 18 & 24(c))

OMB No.: 2070-0182 EPA No.: 2311.02

1(b). Short Characterization/Abstract 

This Information Collection Request (ICR) covers the paperwork burden under the 

Paperwork Reduction Act (PRA) associated with two types of pesticide registration requests 

made by states, U.S. Territories, or Federal agencies. Specifically, this ICR covers 

emergency exemption requests, which allow for an unregistered use of a pesticide, and 

requests by states to register a pesticide use to meet a special local need (SLN). Section 18 

of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizes the 

Environmental Protection Agency (EPA) to grant emergency exemptions to states, U.S. 

Territories, and Federal agencies to allow an unregistered use of a pesticide for a limited time 

if EPA determines that emergency conditions exist. Section 18 requests include unregistered 

pesticide use exemptions for specific agricultural, public health, and quarantine purposes. 

Section 24(c) of FIFRA authorizes the EPA to grant permission to a particular state to 

register additional uses of a federally registered pesticide for distribution and use within that 

state to meet a SLN. 

These information collection activities are ongoing and are included together in this 

ICR because the programs they represent share similar respondent populations, state 

governments and other federal agencies seeking exemptions or other modifications to the 

federal pesticide registration program defined in FIFRA. 

Applications and Summary Report for Emergency Exemption (FIFRA §18)

Section 18 of FIFRA authorizes EPA to grant emergency exemptions to states and 

Federal agencies to allow an unregistered use of a pesticide for a limited time if EPA 

determines that emergency conditions exist. Generally, a Section 18 emergency exemption is 

requested when growers encounter an agricultural pest problem on a site for which there is 

either no registered pesticide available or for which there is a registered pesticide that would 

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

EPA to grant unregistered pesticide use exemptions for other specific purposes such as 

protecting endangered species, the environment, public health, or for quarantine purposes. 

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

although federal agencies such as the United States Departments of Agriculture (USDA), 
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Defense (DOD) and Interior (USDI) also request exemptions. Most of the requests are 

related to an agricultural pest problem, so the process is often initiated when growers in a 

particular region identify an urgent, non-routine situation that registered pesticides will not 

alleviate. When this happens, the growers contact their state lead agency (usually a state’s 

department of agriculture) and request that the state agency make a request to EPA for a 

Section 18 emergency exemption. The state agency evaluates the growers’ request and 

submits their request to EPA for emergency exemptions they believe are warranted. The 

uses are requested for a limited period of time to address the emergency situation only.

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c)) 

Section 24(c) of FIFRA authorizes the States to register additional uses of federally 

registered pesticides for distribution and use within the State to meet a special local need 

(SLN). A State-issued registration under FIFRA Section 24(c) is deemed a federal 

registration for the purpose of the pesticide's use within the State's boundaries. A State must 

notify EPA, in writing, of any action it takes, i.e., when it issues, amends, or revokes a State 

registration. The Agency has 90 days to disapprove the registration. In such cases, the State 

is responsible for notifying the affected registrant. 

2. NEED FOR AND USE OF THE COLLECTION

2(a). Need/Authority for the Collection

Applications and Summary Report for Emergency Exemption (FIFRA §18)

This information collection allows the Agency to collect the necessary data to 

expeditiously make statutory determinations to grant or deny a Section 18 request. 

Unexpected changes in climatic conditions, development of pest resistance, and/or 

importation of pests are some of the unpredictable situations that could necessitate a Section 

18 emergency exemption request. In these situations, there is sometimes an urgent need for 

the use of a pesticide, a use that may be unregistered and for which there is insufficient time 

to obtain registration.

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

are made at the discretion of a state, U.S. territory, or Federal agency. Should one of these 

entities apply for an emergency exemption, EPA requests the information and data identified 

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

that conditions exist which warrant an exemption and that the risks are acceptable, EPA 

typically approves the emergency exemption request. EPA will deny an emergency

exemption request if the pesticide use may cause unreasonable adverse effects to human 

health or the environment, or if emergency criteria are not met. A state may withdraw an 

exemption request at any point in the process.
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In some emergency situations, there is insufficient time for a formal Section 18 

application to be made by the state and reviewed by the Agency. In such cases, a state 

agency may temporarily bypass the normal Section 18 application process and declare a 

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

longer than 15 days, unless a specific exemption request has been submitted to EPA. The 

state declaring the crisis exemption must coordinate the declaration with EPA prior to 

releasing it to the users of the pesticide. EPA performs a cursory review of the use to ensure 

there are no concerns. If any concerns are noted, EPA confers with the state and under 

extreme cases may not allow a crisis to be declared. If the state follows up the crisis with, or 

has already submitted, an emergency exemption request, the use may continue under the 

crisis until EPA has made a decision on the request. EPA must establish the appropriate 

time-limited tolerance(s) required by the Federal Food, Drug and Cosmetic Act (FFDCA) for 

any pesticide uses to commercial agricultural items under emergency exemptions, including 

crisis exemptions.

Producers of minor crops are especially reliant on the emergency exemption program. 

Agricultural pests of national importance that are controlled largely through Section 18s 

include brown marmorated stink bugs and varroa mites. Most recently, the Section 18 

emergency exemption program is also supporting the Asian citrus psyllid invasive species 

agricultural initiative. Less frequently, emergency exemption requests are submitted in order 

to combat pests which pose a threat to public health. 

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

regulations governing emergency exemptions, which became effective on March 28, 2006. 

The final rule, 40 CFR Part 166, contains two primary revisions to the application, review 

and approval process for specific exemptions. The first major revision was to create a 

streamlined recertification application for eligible repeat emergency exemption requests. 

The second major revision was to clarify the definition of significant economic loss and 

revision of data requirements for documenting loss. 

Section 18 of FIFRA (see Attachment A-1) states in part that, "The Administrator 

may, at [his/her] discretion, exempt any federal or state agency from any provision of this 

Act if [s]he determines that emergency conditions exist that require such exemption." Under 

this provision, EPA may temporarily authorize federal or state agencies to allow use of 

pesticide products under emergency conditions. Detailed regulations regarding the 

procedures for emergency exemptions are codified at 40 CFR Part 166 (see Attachment B1).

Section 408 of the Federal Food, Drug, and Cosmetic Act (see Attachment A-3) 

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

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

emergency exemptions are time-limited to correspond to the use season or multiple use 

seasons. Thus, data collected under this collection also allows the Agency establish 

tolerances or tolerance exemptions for Section 18 emergency uses. When the Agency

establishes a tolerance, there must be a finding that there is “reasonable certainty that no 

harm” will result to human health from aggregate and cumulative exposure to the pesticide, 
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as required by the health-based standard. For Section 18 actions, these Agency tolerance 

setting activities must be undertaken in a timely manner. Their expiration dates are 

established by a final rulemaking published in the Federal Register. The time-limited 

tolerances for pesticide emergency exemptions are codified at 40 CFR 176, see Attachment 

C. 

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

EPA requires this information to ensure that the States do not issue any registrations 

that might conflict with other requirements in FIFRA, or with Section 408 of FFDCA, which 

require that a tolerance exist for any pesticide used on a food or feed commodity

(Attachment A-3). FIFRA Section 24(c)(3) mandates that if the Administrator determines 

that a registration issued by a State is inconsistent with the FFDCA or if the use of a pesticide 

registered by the State constitutes an imminent hazard, the Administrator may disapprove the 

registration.

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

The data collected by the Agency under FIFRA Section 18 for the temporary use of a 

pesticide product for an unregistered use allows EPA to evaluate whether such use will 

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

evaluation of whether: 1) an emergency exists; 2) use of the pesticide under the exemption 

will be protective of human health and the environment; and 3) the requested product will be

effective in allaying the emergency. Information contained in the application and follow-up 

reporting is essential for gauging the emergency nature of the situation, the effectiveness of 

the product, the risks of the treatment program, and the economic loss based on the new 

tiered thresholds for significant economic loss determination. 

The potential respondents to the SLN information collection activity are the States, 

which FIFRA Section 2(aa) defines to include Washington, D.C., Puerto Rico, the U.S. 

Virgin Islands, Guam and the islands of the Pacific Territory, and American Samoa. The 

information "users" are the Agency decision makers at the U.S. EPA Office of Pesticide 

Programs (OPP). The information is used to ensure conformity with FIFRA and FFDCA. 

The States are required to collect, from the manufacturer or grower groups, adequate 

information to support the Section 24(c) application for registration or amendment. Both the 

State and the manufacturer or grower group are required to keep records.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a). Non duplication

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

FIFRA. There is no possibility of duplication by any other federal agency. 
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3(b). Public Notice Required Prior to ICR submission to OMB

Pursuant to 5 CFR 1320.8(d), in proposing to renew this ICR, EPA is publishing a 

notice in the Federal Register that provides a 60-day public notice and comment period. The 

materials related to the proposed renewal of this ICR, as well as any comments submitted 

during the public comment period may be accessed as described in section 6(f) of this 

supporting statement.

 

3(c). Consultations

Applications and Summary Report for Emergency Exemption (FIFRA §18) and Notice 

of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

Under 5 CFR 1320.8(d)(1), agencies are required to consult with potential ICR 

respondents and data users about specific aspects of ICR’s before submitting an original or 

renewal ICR to OMB for review and approval. During the development of this ICR, EPA 

staff will contact appropriate stakeholders and ask them for their assessment of the regulatory 

burden estimates expressed by the Agency in this ICR. A summary of these consultations, 

and the Agency’s responses to them, will be provided in the final supporting statement 

submitted to OMB for review and approval.

3(d). Effects of Less Frequent Collection

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

activities, per se. This activity is conducted only once per application for a FIFRA Section

18 or Section 24(c) registration. Therefore, it is not possible for EPA to reduce the frequency

of the collection. 

3(e). General Guidelines

Applications and Summary Report for Emergency Exemption (FIFRA §18)

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

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

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

the summary report has been received by the Agency. The OMB guidelines codified in 5 

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

for more than three years; therefore, this time limit will not be exceeded in this program.

OMB regulations require agencies to provide a statement indicating whether the 

proposed collection of information involves the use of automated, electronic, mechanical, or 

other technological collection techniques or other forms of information technology, e.g., 

permitting electronic submission of responses, and an explanation of the decision (5 CFR 

1320.5(a)(iii)(E)). OPP does offer the option of electronic submission of emergency

exemption requests, or Section 18 applications. States may e-mail applications to OPP in 
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Word or pdf format. 

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

The recordkeeping activities briefly described in this program exceed OMB’s 

guideline that agencies not require that records be retained for more than 3 years (5 CFR 

1320.5(d)(2)(iv)). As authorized under FIFRA Section 8, EPA regulations require that 

registrants retain records containing research data relating to registered pesticides (including 

all data submitted to EPA in support of a registration - see 40 CFR 169.2(k)) for as long as 

the registration is valid and the producer is in business. However, the burden related to the 

recordkeeping requirements is

covered under another ICR (see OMB Control No. 2070-0028, Recordkeeping Requirements 

for Producers of Pesticides under Section 8 of the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA)(EPA ICR No. 0143)).

In addition, this information collection does not include any estimated burden or costs 

related to the third party activities associated with pesticide product labeling. In 1995, OMB 

determined, in the context of OMB Control No. 2070-0060, Application for New and 

Amended Pesticide Registration (EPA ICR No. 0277), that the Agency does not need to 

estimate burden or costs for the third party disclosure requirement involving the registrant’s 

disclosure of product specific information to potential users and the general public through 

the pesticide labeling. This activity is not considered to be a collection of information 

subject to approval under the PRA because the information that must be included as the 

product labeling has been approved and provided by EPA. (5 CFR 1320.3(c)(2)).

Although a pilot project to develop a fully electronic SLN submission option is 

underway, OPP is not offering a fully electronic SLN submission option at this time. 

Extensive guidance regarding the SLN submission process is available to states via the OPP 

Internet site at: http://www.epa.gov/opprd001/24c/.

3(f). Confidentiality

Applications and Summary Report for Emergency Exemption (FIFRA §18)

Although EPA urges submitters to minimize the amount of Confidential Business 

Information (CBI) contained in Section 18 requests, some data and/or information submitted

to the Agency in conjunction with this rule may be claimed as trade secret or commercial or 

financial information and will be protected from disclosure by EPA under FIFRA Section 10 

and the associated regulations codified at 40 CFR Part 2, Subpart B. In general, EPA works 

to make information relative to Section 18 decisions and supporting data easily available to 

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

documents). Growers and industry stakeholders need to be made aware of Section 18 

exemptions. Thus, as a rule, claims of confidentiality are not made on emergency exemption 

applications. On certain rare occasions, the manufacturer of the requested producer may

have product formulation information that is necessary to protect CBI. 
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Trade secret information and CBI are handled strictly in accordance with the FIFRA 

CBI Security Manual. This manual contains instructions relative to all contact with 

confidential documents, including the responsibilities of EPA employees; physical security 

measures; CBI materials within EPA, such as CBI typing procedures (documents typed 

internally or on contract); and internal division procedures. The manual dictates that: (1) all 

CBI must be marked or flagged as such by the submitter of that information, (2) all CBI must 

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

document control officer and shredded.

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

The Agency estimates that less than 0.1% of the 24(c) registrations are for new 

products, thereby requiring the submission of a Confidential Statement of Formula. In 

addition, any data and/or information brought to the Agency in conjunction with the 

submission of 24(c) registrations may be claimed as trade secret, commercial or financial 

information and must be protected from disclosure by EPA under FIFRA Section 10 and the 

associated regulation as contained in 40 CFR Part 2, Subpart B. All CBI data submitted to 

EPA under FIFRA is handled strictly in accordance with the provisions of the FIFRA CBI 

Security Manual.

3(g). Sensitive Questions

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

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

Act of 1974 and OMB circular A-108.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a). Respondents/NAICS Codes

Respondents affected by the collection activities under this ICR include federal and 

state agencies which regulate pesticides or pesticide products, with the vast majority done by 

states, as well as pesticide registrants for the Section 24(c) applications. Section 2(aa) of 

FIFRA defines state to include any of the 50 states, the District of Columbia, the 

Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Trust Territory

of the Pacific Islands, and American Samoa. The North American Industrial Classification 

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

this information collection is 999200, State Government. The NAICS code used for 

registrants is 325300, Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing. 
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4(b)(i).Information Requested

Applications and Summary Report for Emergency Exemption (FIFRA §18)

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

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

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

delegation must accompany the request or be on file with EPA (See Attachment A-1).

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

following information:

Data Item Description

Identity of contact 

person(s)

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

contacted if questions arise concerning the application.

Description of the 

pesticide

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

For a federally registered pesticide:

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

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

desired), and

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

For an unregistered pesticide product, copy of:

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

to one already submitted to the Agency), and 

 Complete labeling to be used in connection with proposed use.

Description of the 

proposed use

Application must identify all of the following: 

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

 method of application,

 rate of application of active ingredient and product,

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

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

product), and

 all applicable restrictions and requirements concerning proposed use and 

qualifications of applicators using the pesticide.

Alternative 

methods of control

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

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

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

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

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

data are unavailable, statements by qualified agricultural experts, extension 

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

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

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

would not be economically or environmentally feasible.
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Data Item Description

Effectiveness of 

proposed use

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

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

effective in dealing with the emergency.

Discussion of 

residues for food 

uses

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

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

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

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

based.

Discussion of risk 

information

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

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

references to data and other supporting information.

Coordination with 

other affected state 

or federal agencies

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

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

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

agencies must be submitted to EPA.

Notification of 

registrant or basic 

manufacturer

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

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

quarantine, or public health exemption.

Description of 

proposed 

enforcement 

program

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

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

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

program and procedures for assuring such compliance.

Progress toward 

registration

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

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

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

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

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

completing requirements for registration.

In addition, the following information must be provided for exemption applications, 

depending on the type of exemption:
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Data Item Description

For a specific 

exemption

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

the emergency:

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

 events that brought about the emergency condition;

 anticipated risks to endangered or threatened species, beneficial 

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

use of the pesticide; and

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

the requested registered pesticide, together with data and other 

supporting information, that addresses the historical net and gross 

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

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

revenues for the site with use of the proposed pesticide.

For a quarantine 

exemption

A quarantine exemption may be authorized in an emergency condition to 

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

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

territories. The application for the quarantine exemption must include the 

following information:

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

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

into the area, if known.

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

proposed pesticide treatment.

For a public health 

exemption

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

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

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

pesticide use; and availability of medical treatment for the health 

problem.

For a crisis 

exemption, only the 

following 

information must be 

provided:

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

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

must include:

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

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

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

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

 dates that applications started or will begin and end;

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

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

 discussion of the emergency situation and any other pertinent 

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

request a specific or quarantine exemption, and intentions with respect 

to requesting a specific exemption for this use.
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To comply with the reporting and record keeping requirements for specific, 

quarantine, and public health exemptions, the exemption holder must provide the following 

data items to EPA:

 

Data Item Description

Unexpected 

adverse effects 

information

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

specific, quarantine, or public health exemption must be reported immediately to 

the Agency.

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

public health exemption must be submitted to EPA within six months of the 

expiration of the exemption unless otherwise specified by the Agency. The 

information in this report must include the following:

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

quantity of the pesticide used;

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

condition;

 description of any unexpected adverse effects that resulted from the use of 

the pesticide under the exemption;

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

 any enforcement actions taken in connection with the exemption;

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

any other information requested by the Administrator.

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

maintained by the state or federal agency for which an emergency exemption was 

granted for a minimum of two years following the date of expiration of the 

exemption. On request by EPA, these records must be made available to the 

Administrator. Records must include the following;

 locations where the pesticide was applied;

 dates of application (range); and

 total quantity of the pesticide used.

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

Application for a 24(c) registration: Applicants for State registrations under FIFRA Section

24(c) to meet a special local need (typically pesticides manufacturers and grower groups) 

must submit the following information directly to the state using EPA Form 8570-25, 

Application for/Notification of State Registration of a Pesticide to Meet a Special Local Need

(Attachment G), and EPA Form 8570-4, Confidential Statement of Formula (Attachment 

F), when applicable:

Data Item Description

Identity of contact 

person(s)

Name and address of the applicant and any other person whose name will 

appear on the labeling or in the directions for use.

Description of the The name of the pesticide product, and, if the application is for an 
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Data Item Description

pesticide amendment to a federally registered product the EPA registration number of 

that product.

Proposed product 

labeling

A copy of the proposed labeling, including all claims made for the product as 

well as directions for its use to meet the special local need, consisting of:

 For a new product, a copy of the complete proposed labeling; or,

 For an additional use of a federally registered product, a copy of 

proposed supplemental labeling and a copy of the labeling for the 

federally registered product.

 If a State classifies for restricted use a product or use, which is not 

required to be so classified under FIFRA, supplemental labeling for the 

product or use containing additional appropriate precautions, and a 

statement that the product or use is for restricted use within the State may 

be required.

Proposed product 

formulation

The complete formula of the product, if the application is for a new product 

registration.

Other relevant 

information about 

product

Any other information that is required to be reviewed prior to registration.

Information following the issuance of a 24(c) registration: As soon as practical after a 

registration is issued, the following information must be provided:

Data Item Description

Copy of the final 

printed labeling

New product labeling must contain:

 A statement identifying the State where registration is to be valid.

 The special local need registration number assigned by the State.

 For an additional use of a federally registered product, the State must 

require that at the time of sale, labeling from the federally registered 

product be accompanied by supplemental labeling. 

Information Requested by EPA to verify an SLN registration: Within ten working days from 

the date a State issues, amends or revokes a registration, the State is required to notify EPA, 

in writing, of the action. Using EPA Form 8570-25 where applicable, notification of State 

registration or amendments thereto, must include the following:

Data Item Description

Effective Date  Effective date of the registration or amendment. 

 Notification of revocation of a registration by a State shall indicate the 

effective date of revocation, and shall state the reasons for revocation.

Product 

Information

 Confidential statement of the formula of any new product, and 

 A copy of the draft labeling reviewed and approved by the State, provided 

that labeling previously approved by the Administrator as part of a federal 

registration need not be submitted.

Final Product 

Labeling

State must send EPA a copy of the final printed labeling approved by the 

State within 60 days after the effective date of the registration or amendment.
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Data Item Description

Other relevant 

information

The Agency may request, when appropriate, that a State submit any data used 

by the State to determine that unreasonable adverse effects will not be 

caused.

4(b)(ii). Respondent Activities

Applications and Summary Report for Emergency Exemption (FIFRA §18)

To obtain permission to use an unregistered pesticide product under emergency

conditions, an applicant must petition EPA in writing, provide information addressing the 

data items listed above, and commit to the submission of the summary report on the use. 

Section 18 emergency exemption applications are submitted to the Risk Integration, Minor 

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

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

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

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

single form associated with the emergency exemption program, and is used for the final 

report. This form is being used for this ICR but is covered by a different ICR - Application 

for New and Amended Pesticide Registration (OMB No. 2070-0060, EPA ICR No. 0277).

In order to participate in the program, the applicant must complete the following 

tasks:

 Read the applicable FIFRA requirements and CFR regulations.

 Process, compile, and review the requested data.

 Generate application correspondence and a follow-up summary report.

 Store, file, or maintain the information.

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

Applicant Activities:

Data Item Description

Gather data Proposed label, product formulation (if applicable), name of applicant, 

name of product, federal registration number (if applicable), and any 

other information required by the State.

Submit materials to the 

State

Compile necessary data and materials. Complete application for State 

registration (EPA Form 8570-25) and submit to State

Store, file, and maintain 

the information

Applicant must maintain records of information submitted to the State 

for as long as the State registration is active.

State Activities:
August 12, 2014

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Data Item Description

Compile information Organize data submitted by registrant (or grower group) to develop the 

SLN justification. Registrant must maintain records of information 

submitted to the State.

Review information Evaluate the data:

1. Determine whether there is a special local need for the registration;

2. Determine that use of the product for which registration is sought 

will not cause unreasonable adverse effects on humans or the 

environment;

3. For use of a product with public health claims, determine that the 

product warrants the claims made, i.e., efficacy determination;

4. Review the proposed labeling submitted with the application to 

determine State and federal compliance;

5. Issue or amend State registration.

Notify Federal 

Government

Complete and submit EPA Form 8570-25 and all accompanying data 

and materials. Respond to any Agency questions or concerns.

Store, file, and maintain 

the data

Maintain copies of the information and data submitted to EPA.

Respond to Registrant 

(if necessary)

Notify registrant if Federal Government disapproves the State's 

registration.

5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, 

COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a). Agency Activities

Applications and Summary Report for Emergency Exemption (FIFRA §18)

EPA regulations at 40 CFR part 176, entitled “Time-Limited Tolerances for Pesticide 

Emergency Exemptions,” provide a process to ensure timely decisions on any tolerancerelated issue in response to a request for an emergency exemption for a pesticide to be used 

on food or feed. Time-limited tolerance petitions related to FIFRA Section 18 are evaluated 

on a case-by-case basis to determine if adequate reliable data are available to make the 

required safety finding mandated under FFDCA Section 408 and FQPA.

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

and federal agencies at their discretion. These applications are received by OPP, Registration 

Division, Risk Integration, Minor Use, and Emergency Response Branch, where they are 

reviewed for completeness. The application package is routed to scientists and economists 

within OPP to determine whether the proposed emergency exemption is warranted, that there 

is “reasonable certainty of no harm” to human health resulting from aggregate and 

cumulative exposure, and that it presents no undue hazard to humans or the environment (See 

Attachment B-1). Once the determinations are made, the applicant is notified in writing. 
August 12, 2014

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The tolerance is published in the Federal Register. 

The Agency conducts the following activities when responding to an emergency

exemption application under FIFRA Section 18:

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

 Review information submitted for scientific accuracy.

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

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

proposed exemption along with a draft notification to EPA management. 

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

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

if required.

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

 OPP Director (or designee) makes final decision.

 Notify applicant of decision.

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

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

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

Activity Description

Read and record Statesubmitted information

EPA Form 8570-25 and the application is screened, jacket created, 

and information is recorded in electronically for tracking purposes.

Review data submissions Review materials for adherence to federal requirements of label 

integrity, lack of imminent risk, and the existence of appropriate 

tolerances.

Publish summary of 24(c)s Publish, on a regular basis, in the Federal Register, a summary of all 

State registrations received and those disapproved. 

Notify State (if necessary) Notify the State if the registration is disapproved.

Store/file/maintain the data Maintains an electronic reference file on all FIFRA Section 24(c) 

applications received and approved.

5(b). Collection Methodology and Management

Applications and Summary Report for Emergency Exemption (FIFRA §18)

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

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

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

active pending request through the determination process, and subsequent receipt of the 

summary report, after which the exemption becomes a historical file and the regulatory

action is closed.
August 12, 2014

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Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

The Section 24(c) application form and any supporting materials are received and 

date-marked to start the 90-day clock. They are screened for completeness, a master file 

jacket is created for the incoming application, and the case is assigned a unique identifier. 

Identifying information then is extracted for the required FR Notice of receipt, for the 

Pesticide Product Information System (PPIS) inventory of all 24(c) actions, and for tracking 

records.

The file then is reviewed for substantive acceptability, and any scientific data is 

routed for review by appropriate specialists. When all reviews are completed a decision is 

made to accept or disapprove the application.

If the decision is to disapprove the application, the State is notified, and a notice of 

disapproval is published in the FR. The disapproval is recorded in the PPIS data base. If the 

decision is to accept the application, this is recorded in the master file, and no further action 

is required.

5(c). Small Entity Flexibility

Small entities are not impacted by this ICR. Sections 18 and 24 of FIFRA apply

directly only to State, territorial, and federal government agencies; it does not apply to other 

entities. States are not “small entities” as defined by the Regulatory Flexibility Act.

While pesticide manufacturers and grower groups may be involved in EPA-State 

activities under this ICR, any activities they undertake are in response to FIFRA Section 24, 

which expressly delegates certain pesticide registration authority to States. These entities 

must comply with State procedures to obtain a special local need registration under FIFRA 

Section 24(c). Consequently, the Agency cannot offer them any flexibility without intruding 

on the processes established by each state.

5(d). Collection Schedule

There is no collection schedule associated with this ICR, per se. This information 

collection activity is initiated by the States or by certain federal agencies when they apply for 

a FIFRA Section 24(c) registration, or determine that they are confronted with an emergency

situation and subsequently submit an emergency exemption application to EPA under FIFRA 

Section 18.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

The respective burden and cost estimates for PRA activities for the Section 18 and 

Section 24(c) programs are presented in this section, along with the methodology for 

developing the estimates. 
August 12, 2014

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6(a). Estimating Respondent Burden Hours

The estimates of burden hours per request or application were developed with input 

from respondents for both programs and used in the currently-approved ICR. EPA believes 

that these previous burden estimates are still valid. Therefore, there is no change in the 

estimated respondent burden hours per application for either program in this ICR.

The estimated burden hours per response (request or application), for each respondent 

collection activity by labor category, is presented in separate tables for Sections 18 and 24(c) 

in section 6(b) (along with costs per response). The total average respondent burden hours 

per request is derived by adding the burden for all activities for each labor category and then 

summing across labor categories. The total annual respondent burden is calculated as the 

total burden hours per request times the number of requests (applications) received annually 

and is shown in tables for each collection in section 6(b) (along with total annual costs).

The estimated number of applications submitted annually has been updated for this 

ICR. The number of applications received annually for Section 18 has increased since the 

currently-approved ICR, while the number of applications received under Section 24(c) has 

decreased. The estimates used in this ICR of the number of applications submitted annually

under Section 18 and Section 24(c) are based on three-year averages of applications actually 

received for each program for the years 2011 through 2013. 

Applications and Summary Report for Emergency Exemption (FIFRA §18)

Applicant (State Agency) Burden Hours

The estimated average burden of 99 hours per emergency exemption request is 

presented in Table 1. The total annual response burden associated with submitting 

applications and summary reports for emergency exemptions is estimated to be 18,315

burden hours per year for the next three years. The number of emergency exemption 

applications received by EPA has increased from an average of 128 per year for the years 

2009-2011 to an average of 185 per year for the years 2011-2013. The total annual 

respondent burden is shown in Table 2 (along with total annual costs). The important trends 

seen in the applications received in the past three years are:

 successful transition of many widely used, minor crop, Section 18 emergency

pesticide uses to full registrations and tolerances under Section 3 labels, thereby

eliminating numerous, long-running (repeat) applications from many states;

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

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

amitraz in beehives to control varroa mite and reliance on Section 18 requests to 

respond to agricultural species threats such as invasive stink bugs and Asian citrus 

psyllid. 

The Agency expects that some of these factors will persist and expects to receive an 
August 12, 2014

Page 18 of 29

average of about 185 applications annually for the next three years. However, the Agency is 

unable to estimate precisely how many requests will be submitted in the future.

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

Registrant Burden Hours

The Agency estimates the average burden for applicants (registrants) for state 

registrations under FIFRA Section 24(c) to equal approximately 39 hours per application, as 

presented in Table 3. The Agency expects that approximately 305 applications will be 

submitted annually during the next 3 years, based on the annual average from 2011-2013. 

The estimated number of applications has decreased slightly from 325 applications annually

in the currently-approved ICR. The Agency estimates an annual applicant (registrant) burden 

of 11,895 hours, shown in Table 4.

State Agency Burden Hours

EPA estimates the state agency burden to average 13 hours per response, as shown in 

Table 5. The Agency estimates an annual State Agency burden of 3,965 hours (see Table 6).

Overall Burden Hours

The overall respondent burden associated with this collection, which is the sum of 

registrant and state agency burden, is estimated to be 15,860 hours per year, presented in 

Table 7. No changes have been made in the requirements for Section 24(c) applications, and 

no changes have been made to the overall provisions of this information collection activity.

6(b). Estimating Respondent Costs

The costs for respondents to respond to the information collection requirements are 

calculated by using the estimated burden per response, the number of responses annually, and 

the appropriate wage rates for each activity. The methodology and sources for wage rates 

used is presented in the subsection below. 

The cost per response (application or request) is calculated by multiplying the burden 

hours for each respondent collection activity by the wage rate for the affected labor category. 

The cost for each collection activity per application is summed across labor categories (e.g., 

managerial, technical, and clerical). Then the total cost for each collection activity is 

summed for the total cost per application. The applicable wage rates and these costs are 

presented in separate tables for Sections 18 and 24(c) (along with burden hours) below. 

The total annual costs for each labor category are calculated by multiplying the total 

annual burden hours for that category by the applicable wage rate. Total costs for each labor 

category are then summed to get the total annual costs for the collection. These costs are 

presented below in separate tables for each of the two collections.
August 12, 2014

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Methodology for Calculation of Fully Loaded Wage Rates

For this ICR, the Agency revised the estimated wages, benefits, and overhead for all 

labor categories for affected industry, state government, and EPA employees based on the 

most recent publicly available data from the US Bureau of Labor Statistics. The 

methodology for calculating the wage rates is the same for both the emergency exemption 

and SLN collections, and are based on 2013 wage data (see Attachment H). The calculation

of the wage rates uses base wage data for 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) based on that data. Fully 

loaded wage rates are used to calculate respondent costs. 

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

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

sectors available in the National Industry-Specific Occupational Employment and Wage 

Estimates from the Bureau of Labor Statistics (BLS) (see 

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 in 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 44% of unloaded 

wage rates, based on average rate of benefits for all civilian non-farm workers (see

http://www.bls.gov/news.release/ecec.t01.htm). If any sectors are listed for which 44% is not 

applicable; the applicable percentage will be stated.

Fully Loaded Wage Rate: The loaded wage rate is multiplied by 50% (EPA 

guidelines suggest 20-70%) to get overhead costs.

Applications and Summary Report for Emergency Exemption (FIFRA §18)

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

and the only respondent. Table 1 shows the costs per emergency exemption request (or 

application) of each collection activity, and the total cost per request. The total estimated 

respondent costs for completing a Section 18 application and summary report are $5,872 per 

response. 
August 12, 2014

Page 20 of 29

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

per Emergency Exemption Request

COLLECTION ACTIVITY

Burden per Application (hours) 1 Total 2

Managerial

$85.69/hr.

Technical

$58.59/hr.

Clerical

$40.41/hr.

Hours Costs

Read FIFRA and FQPA requirements and CFR 

regulations 4.0 4.0 0.0 8.0 $ 577

Process, compile, and review the requested 

data for accuracy and appropriateness 0.0 74.0 0.0 74.0 $ 4,336

Generate application correspondence and 

follow-up summary report 0.0 15.0 0.0 15.0 $ 879

Store/maintain/submit information 0.0 0.0 2.0 2.0 $ 81

Totals 4.0 93.0 2.0 99.0 $ 5,872

1 Hourly wage rates are fully loaded wage rates based on NAICS 999200 (State Government) from U.S. Dept. of 

Labor, Bureau of Labor Statistics, May 2013. See Attachment H for wage calculations.

2 Totals may not sum due to rounding

Table 2 shows the total annual costs for management, technical, and clerical time, as 

well as the estimated total annual respondent burden hours (18,315 hours) and costs ($1.09 

million) of filing Section 18 applications and summary reports.

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

Cost Estimates

Labor Category Burden Hours 

per Application

Number of 

Applications

Total Annual 

Hours

Labor Rate 

($/hr.)

Total Annual 

Costs

Managerial 4.0 185 740 $ 82.63 $ 63,411

Technical 93.0 185 17,205 $ 57.68 $ 1,008,041

Clerical 2.0 185 370 $ 39.20 $ 14,952

Totals 99.0 185 18,315 --- $ 1,086,403

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

For Section 24(c) applications for SLN registrations, respondents include both 

pesticide product registrants and state governments, as each bears a burden for an 

application. Costs for the two respondent groups are presented separately, and then summed 

together, in the tables below. Table 3 displays estimates of the cost per SLN registration 

application for registrants, both by collection activity and the total. Total costs per 

application to registrants are estimated to be $3,305. 
August 12, 2014

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Table 3. FIFRA §24(c) - Applicant (Registrant) Burden Hours and Cost Estimates per 

Application 

COLLECTION ACTIVITY

Burden per Application (hours) 1 Total 2

Managerial

$124.42/hr.

Technical

$69.92/hr.

Clerical

$39.16/hr.

Hours Costs

Gather data 5.0 12.5 0.0 17.5 $ 1,496

Submit materials to state 9.0 5.5 1.0 15.5 $ 1,544

Store/file/maintain the data 0.0 1.0 5.0 6.0 $ 266

Totals 14.0 19.0 6.0 39.0 $ 3,305

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 (Pesticide, Fertilizer, and Other 

Agricultural Chemical Manufacturing) from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2013. See 

Attachment H for wage calculations. 

2 Totals may not sum due to rounding.

Table 4 shows the total annual burden hours and costs for management, technical, and 

clerical time, as well as the estimated total annual respondent (registrant) burden hours 

(11,895 hours) and costs ($1.01 million) of filing Section 24(c) applications.

Table 4. FIFRA §24(c) - Total Annual Applicant (Registrant) Burden Hours and Cost 

Estimates

Labor Category Burden Hours 

per Application

Number of 

Applications

Total Annual 

Hours Labor Rate ($/hr.)

Total Annual 

Costs

Managerial 14.0 305 4,270 $ 124.42 $ 531,273

Technical 19.0 305 5,795 $ 69.92 $ 405,186

Clerical 6.0 305 1,830 $ 39.16 $ 71,663

Totals 39.0 305 11,895 $ 1,008,123

Table 5 presents estimates of costs per application for state governments, by 

collection activity and total for Section 24(c) applications. 
August 12, 2014

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Table 5. FIFRA §24(c) – Applicant (State Agency) Burden Hours and Cost Estimates 

per Application 

COLLECTION ACTIVITY

Burden per Application (hours) 1 Total 3

Managerial

$85.69/hr.

Technical

$58.59/hr.

Clerical

$40.41/hr.

Hours Costs

Compile information 0.0 1.0 0.0 1.0 $59

Review submission information 0.0 5.5 0.0 5.5 $322

Complete and transmit paperwork 

to EPA 2 0.0 5.4 0.4 5.8 $333

Store/file/maintain the data 0.0 0.0 0.1 0.1 $4

Respond to registrant (if 

necessary) 0.0 0.4 0.2 0.6 $32

Totals 0.0 12.3 0.7 13.0 $717

1 Hourly wages rates are fully loaded wage rates based on NAICS 999200 (State Government), U.S. Dept. of 

Labor, Bureau of Labor Statistics, May 2013. See Attachment H for wage calculations. 

2

Includes label revisions, SLN registration cancellations, and other follow-up actions data.

3 Totals may not sum due to rounding.

Table 6 shows the total annual burden hours and costs for management, technical, and 

clerical time, as well as the total annual respondent (state agency) burden hours (3,965 hours) 

and costs ($228,428) of filing Section 24(c) applications.

Table 6. FIFRA §24(c) - Total Annual Applicant (State Agency) Burden Hours and 

Cost Estimates

Labor Category Burden Hours 

per Application

Number of 

Applications

Total Annual 

Hours

Labor Rate 

($/hr.)

Total Annual 

Costs

Managerial 0.0 305 0 $ 85.69 $ 0

Technical 12.3 305 3,752 $ 58.59 $ 219,800

Clerical 0.7 305 214 $ 40.41 $ 8,628

Totals 13.0 305 3,965 $ 228,428

Table 7 shows the total annual combined burden hours and costs for registrants and 

states for Section 24(c) applications. The total annual burden hours of the Section 24(c) 

program for respondents is approximately 15,680 hours at a cost of $1.24 million.
August 12, 2014

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Table 7. FIFRA §24(c) - Total Annual Applicant (Registrant and State Agency) Burden 

Hours and Cost Estimates

Applicant Burden Hours 

per Application

Number of 

Applications

Total Annual 

Hours

Cost per 

Application 

Total Annual 

Costs

Registrant 39.0 305 11,895 $ 3,305 $ 1,008,123

State 13.0 305 3,965 $ 717 $ 228,428

Totals 52.0 305 15,860 $ 4,023 $ 1,236,551

6(c). Estimating Agency (EPA) Burden and Cost

Methodology for Estimating Agency Burden and Cost 

The EPA estimates Agency burden hours using employee time accounting data from

OPP Divisions that provide significant support and analysis for the FIFRA Section 18 

emergency exemption and Section 24(c) special local need programs. The data is taken from 

the Time and Attendance Information System (TAIS), which archives the Agency’s Full 

Time Equivalents (FTEs) for most OPP program activities. The TAIS system tracks time for 

seven of OPP’s nine divisions. The two divisions that are not tracked by TAIS, the Field and 

External Affairs Division (FEAD) and the Information Technology and Resource 

Management Division (ITRMD), contribute only minimally if at all to the Section 18 and 

24(c) programs. ITRMD provides the preliminary data processing and tracking for many 

OPP ICR activities including tolerance petitions. These systems are integrated for efficient 

processing, tracking, and maintaining data but they do not readily lend themselves to a clear 

burden breakdown by ICR activity. The Agency believes that using data from the TAIS 

accurately reflects the time spent on implementing and administering emergency exemption 

and SLN activities than former estimates. 

Total annual FTEs are presented below, in separate tables for sections 18 and 24(c), 

by labor category and OPP Division, and summed for division and OPP totals. Other tables 

show estimated annual burden hours for each program, by multiplying 2,080 hours in a work 

year by the FTEs.

The costs per burden hour are the fully loaded wage rates, which are estimated in the 

same manner as they are for respondents. The fully loaded wage rate for the Agency is based 

on NAICS 999100, Federal government. (See Attachment H) The total annual burden hours 

for each labor category are estimated by the applicable wage rate to get the total cost per 

category. Then labor category estimates are summed to get total estimated annual agency

costs for each program.

Six of the seven OPP divisions reporting in TAIS reported time for the Section 18 and 

24(c) programs. These are the Registration Division (RD), the Biopesticides and Pollution 

Prevention Division (BPPD), and the Antimicrobial Division (AD), the Health Effects 

Division (HED), the Biological and Economic Analysis Division (BEAD), and the 

Environmental Fate and Effects Division (EFED). The Pesticide Re-evaluation Division 
August 12, 2014

Page 24 of 29

(PRD) (formerly the Special Review and Registration Division (SRRD)) did not report labor 

hours for either program. Total annual FTEs are presented below, in separate tables for 

Sections 18 and 24(c), by labor category and OPP Division, and summed for Division and 

OPP totals. Other tables show estimated annual burden hours for each program by

multiplying 2,080 hours in a work year by the FTEs.

Applications and Summary Report for Emergency Exemption (FIFRA §18)

Table 8 displays annual average FTEs by labor category and OPP division from TAIS 

data from 2011-2013 for Section 18 activities. Six of the seven OPP divisions that report in 

TAIS participated in Section 18 activities. The number of FTEs in each category is summed 

and rounded up to the next full FTE to account for minor activities of the two OPP divisions 

that do not use the TAIS system and to account for other small fractions of FTEs that are less 

than 0.1. The data indicate that the estimated number of Agency FTE’s dedicated to Section 

18 emergency exemption activities is approximately 1 managerial FTE, 5 technical FTEs, 

and 1 clerical FTE, for total of 7 FTEs allocated to emergency exemption activities. 

Table 8. Average Annual Agency FTEs Supporting Section 18 Activities, 2011-2013

FTE Type RD BEAD EFED AD BPPD HED OPP 

Total

Managerial 0.3 0.1 0.0 0.0 0.0 0.0 1

Technical 2.9 0.8 0.2 0.0 0.0 0.2 5

Clerical 0.2 0.1 0.0 0.0 0.0 0.0 1

Totals23.5 1.0 0.2 0.0 0.0 0.2 7

1 OPP total for each labor category is rounded up to the next full FTE.

2 Division totals do not sum to OPP total due to rounding.

Table 9 displays the Agency burden hours, wage rates, and total costs of supporting 

the Section 18 program. The total annual Agency burden for Section 18 activities is

approximately 14,560 hours per year, based on 2011-2013 averages; the total annual Agency

cost of the Section 18 program are approximately $1.17 million.

Table 9. Total Annual Agency Hours, Hourly Wage Rates, and Total Costs by Labor 

Category Supporting Section 18 Activities

FTE Type FTEs 

(rounded)

Hours / 

FTE1

Total

burden

hours

Fully loaded 

wage rates 

($/hr.)

2

Annual per

FTE cost Total Cost

Managerial 1 2,080 2,080 $120.26 $250,141 $250,141

Technical 5 2,080 10,400 $79.40 $165,152 $825,760

Clerical 1 2,080 2,080 $44.74 $93,059 $93,059

OPP totals 7 2,080 14,560 $1,168,960

1 Hours per FTE = 40 hours/week × 52 weeks/year

2

See Attachment H for data sources and calculations of fully loaded wage rates.
August 12, 2014

Page 25 of 29

Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

Table 10 displays annual average FTEs by labor category and OPP division from 

TAIS data from 2011-2013 for Section 24(c) activities. Six of the seven OPP divisions that 

report in TAIS participated in Section 18 activities. The number of FTEs in each category is 

summed and rounded up to the next full FTE to account for minor activities of the two OPP 

divisions that do not use the TAIS system and to account for other small fractions of FTEs 

that are less than 0.1. The data indicate that the estimated number of Agency FTE’s 

dedicated to Section 24(c) activities is approximately 1 managerial FTE, 1 technical FTEs, 

and 1 clerical FTE, for a total of 3 FTEs allocated to SLN activities.

Table 10. Average Annual Agency FTEs Supporting Section 24(c) Activities, 2011-2013

FTE Type RD BEAD EFED AD BPPD HED OPP 

Total 1

Managerial 0.2 0.0 0.0 0.0 0.0 0.0 1

Technical 1.5 0.0 0.1 0.0 0.1 0.0 2

Clerical 0.1 0.0 0.0 0.0 0.0 0.0 1

Totals 21.8 0.0 0.1 0.0 0.0 0.0 4

1 OPP total for each labor category is rounded up to the next full FTE.

2 Division totals do not sum to OPP total due to rounding.

Table 11 displays the Agency burden hours, wage rates, and total costs of supporting 

the Section 24(c) program. The total annual Agency burden for Section 24(c) activities is 

approximately 8,320 hours per year, based on 2011-2013 averages; the total annual Agency

cost of the Section 24(c) program is approximately $670 thousand. 

Table 11. Total Annual Agency Hours, Hourly Wage Rate, and Total Costs by Labor 

Category Supporting Section 24(c) Activities

FTE Type FTEs Hours / 

FTE1

Total 

burden 

hours

Fully loaded 

wage rates 

($/hr.) 2

Annual per 

FTE cost Total Cost

Managerial 1 2,080 2,080 $120.26 $250,141 $250,141

Technical 2 2,080 4,160 $79.40 $165,152 $330,304

Clerical 1 2,080 2,080 $44.74 $93,059 $93,059

Totals 4 2,080 8,320 --- --- $673,504

1 Hours per FTE = 40 hours/week × 52 weeks/year

2

See Attachment H for data sources and calculations of fully loaded wage rates.
August 12, 2014

Page 26 of 29

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

Table 12. FIFRA §18 - Total Annual Burden and Cost Estimates for Applications and

Summary Reports for Emergency Exemptions

Previous Estimates Current Estimates

Hours Costs Hours Costs

Respondents (state agencies) 12,672 $739,013 18,315 $1,086,403

Agency 18,720 $1,381,327 14,560 $1,168,960

Table 13. FIFRA §24(c) - Total Annual Burden and Cost Summary for Notice 

of Pesticide Registration by States to Meet a Special Local Need

Previous Estimates Current Estimates

Hours Costs Hours Costs

Respondents (registrants & states) 16,900 $1,234,905 15,860 $1,236,551

Agency 2,895 $219,612 8,320 $673,504

Table 14. Combined Respondent Burden for this ICR

Programs 

Previous Estimates Current Estimates

Hours Costs Hours Costs

Section 18 12,672 $739,013 18,315 $1,086,403

Section 24(c) 16,900 $1,234,905 15,860 $1,236,551

Total 29,572 $1,973,918 34,175 $2,332,954

6(e). Reasons for Change in Burden

The reasons for changes to the estimated burden are described below for each 

program.

Applications and Summary Report for Emergency Exemption (FIFRA §18)

Although the estimated unit burden for a given Section 18 application is unchanged, 

EPA estimates an increase in the number of section 18 application submissions and estimated 

annual burden relative to the existing, approved collection. EPA estimates that the total 

annual respondent burden has increased from 12,672 hours to about 18,315 hours. The 

increase corresponds with an increase in the average number of Section 18s requested per 

year, from 128 to 185. Although EPA does not require Section 18s and cannot estimate 

precisely how many submissions will be received in the future, the Agency expects to receive 

approximately 185 Section 18 applications annually over the next three years. As a result of 

the increase in the number of applications and updating the wage rates, the estimated 

respondent cost increased from $739 thousand to $1.086 million. 
August 12, 2014

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Notice of Pesticide Registration by States to Meet a Special Local Need (FIFRA §24(c))

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

this ICR from the currently-approved ICR for Section 24(c) applications, for either 

registrants or states. The total annual respondent burden estimate (registrants + states) has 

decreased slightly from 16,900 to 15,860 hours due to a small decrease in the average 

number of petitions received annually, from about 325 to 305. Although EPA does not 

require Section 24(c)s and cannot estimate precisely how many submissions will be received 

in the future, the Agency expects to receive approximately 305 Section 24(c) applications 

annually over the next three years. As a result of the decrease in the number of applications 

and updating the wage rates, the estimated respondent cost increased slightly from $1.235

million to $1.237 million. 

6(f). Burden Statement

The respondent burden for collection of information associated with the Applications 

and Summary Report for Emergency Exemption rule is estimated to average 99 hours per 

application. The respondent burden for the Notice of Pesticide Registration by States to 

Meet a Special Local Need rule is estimated to average 52 hours per response (39 hours per 

registrant and 13 hours per State), including time for compiling the information/data 

submitted by the registrant, reviewing the information for special local needs determination, 

completing paperwork to notify the federal government, storing/filing/maintaining the data, 

and responding back to the registrant if the registration is disapproved by EPA. The burden 

estimate includes hours spent by the registrant in preparing the application for submission to 

EPA.

According to the Paperwork Reduction Act, “burden” is defined at 5 CFR 1320.3(b). 

The agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a currently valid OMB control number. The 

OMB control number for this information collection will appear on all forms associated with 

this ICR. In addition OMB control numbers for EPA’s regulations, after initial display in the 

final rule, are listed in 40 CFR Part 9.

The Agency has established a public docket for this ICR under Docket ID No. EPAHQ-OPP-2014-0567, which is available for online viewing at http://www.regulations.gov, or 

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

(South Building), 2777 S. Crystal Drive, Arlington, VA. This docket facility is open from 

8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone 

number is (703) 305-5805. You may submit comments regarding the Agency's need for this 

information, the accuracy of the provided burden estimates and any suggested methods for 

minimizing respondent burden, including the use of automated collection techniques. 

Comments may be submitted to EPA electronically through 

http://www.regulations.gov or by mail addressed to Director, Collection Strategies Division, 

U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, 

D.C. 20460. You can also send comments to the Office of Information and Regulatory
August 12, 2014

Page 28 of 29

Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, 

Attention: Desk Office for EPA. Include docket ID No. EPA-HQ-OPP-2014-0567 in any 

correspondence. 
August 12, 2014

Page 29 of 29

ATTACHMENTS TO THE SUPPORTING STATEMENT

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

ICR under docket identification number EPA-HQ-OPP-2014-0567. These attachments are 

available for online viewing at http://www.regulations.gov or otherwise accessed as 

described in Section 6(f) of the supporting statement.

Attachment A-1 7 U.S.C. 136p - Section 18 of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA). Also available at online at the US 

House of Representatives’ US Code website.

Attachment A-2 7 U.S.C. 136v - Section 24(c) of the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA). Also available online at:

http://www.epa.gov/opp00001/regulating/fifra.pdf.

Attachment A-3 21 U.S.C 346a - Tolerances and exemptions for pesticide chemical 

residues, Section 408 of the Federal Food, Drug and Cosmetic Act 

(FFDCA). Also available at online at the US House of 

Representatives’ US Code website.

Attachment B-1 40 CFR part 166 - Exemption of Federal and State Agencies for 

Use of Pesticides under Emergency Conditions. Also available 

online at the National Archives and Records Administration’s 

Electronic CFR Website.

Attachment B-2 40 CFR part 162 - State Registration of Pesticide Products. Also 

available online at the National Archives and Records 

Administration’s Electronic CFR Website. 

Attachment C 40 CFR Part 176 - Time-Limited Tolerances for Pesticide 

Emergency Exemptions. Also available online at the National 

Archives and Records Administration’s Electronic CFR Website.

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

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

Attachment G EPA Form 8570-25 - Application for/Notification of State 

Registration of a Pesticide to Meet a Special Local Need. This 

attachment can be also accessed via the internet at:

http://www.epa.gov/opprd001/forms/8570-25.pdf.

Attachment H Labor Wage Formulas.