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SUPPORTING STATEMENT FOR 

AN INFORMATION COLLECTION REQUEST (ICR) 

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection:

 Certification of Pesticide Applicators 

 OMB No: 2070-0029; EPA No: 0155.10 

1(b) Short Characterization/Abstract

In accordance with section 11 of the Federal Insecticide, Fungicide, and Rodenticide Act 

(FIFRA), the Environmental Protection Agency (EPA) administers certification programs for 

pesticide applicators. FIFRA allows EPA to classify a pesticide as “restricted use” if the pesticide 

meets certain toxicity or risk criteria. This information collection request (ICR) addresses the 

paperwork activities performed by various EPA-authorized agencies of States and Indian tribal 

governments as well as federal agencies (collectively referred to in this document as “authorized 

agencies”) and activities performed by firms and individual applicators in the course of training 

and certifying persons who apply restricted use pesticides. Because of their potential to harm 

human health or the environment, restricted use pesticides may be purchased and applied only by a 

certified applicator or by a person under the direct supervision of a certified applicator. A person 

must meet certain standards of competency to become a certified applicator; these standards are 

met through completion of a certification program or test. Authorized agencies administer certified 

applicator programs within their jurisdictions, but each agency’s certification plan must be 

approved by EPA before it can be implemented. In areas where no authorized agency has 

jurisdiction, EPA may administer a certification program directly, called a Federal program. 

This ICR also addresses how registrants of certain pesticide products are expected to 

perform specific, special paperwork activities, such as training and record-keeping, in order to 

comply with the terms and conditions of the pesticide registration (e.g., registrants of anthraxrelated pesticide products that assert claims to inactivate Bacillus anthracis (anthrax) spores). 

Paperwork activities associated with the use of such products are conveyed specifically as a 

condition of the registration. 

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

EPA needs the data from this information collection activity to ensure that restricted use 

pesticides (RUPs) are only purchased and applied by “certified applicators,” or individuals under 

their direct supervision. A certified applicator is a person who has demonstrated competency in 

the safe handling and application of RUPs, and who has received certification to that effect. This 

collection also makes records of specific RUP applications available for investigations or 

enforcement actions concerning possible misuses or poisoning incidents. 
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 The authority for this information collection activity is provided under sections 3(d) and 

11 of FIFRA and 40 CFR part 171. Section 3(d) of FIFRA authorizes EPA to classify registered 

pesticides as either general use or restricted use (see Attachment A). RUPs are those that, absent 

additional regulatory restrictions, may cause unreasonable adverse effects on people or the 

environment. Pesticides classified as restricted use may only be used by a certified applicator, or 

by a person under the direct supervision of a certified applicator. Section 11(a) of FIFRA grants 

EPA the authority to prescribe standards for the certification of restricted-use pesticide applicators 

(see Attachment B). Section 11(a)(2) of FIFRA establishes a certification program that allows 

authorized agencies to implement applicator certification after the authorized agency program has 

been approved by EPA. While the bulk of the certification program is implemented by State 

agencies (all 50 States are authorized), a few tribes and federal agencies are also authorized; 

additionally, EPA has authority to directly administer Federal certification programs in areas 

where there is no authorized agency program. The regulations for the certification program in 40 

CFR part 171 include procedures for certification programs for States, Federal agencies, Indian 

tribes, or U.S. territories who wish to develop and implement their own certification plans and 

programs, after obtaining EPA approval (see Attachment C). 

 In the case of certain restricted use products, like anthrax-related products, the Agency 

needs the data to ensure that the sale and use of registered anthrax-related products is limited to 

persons who are trained in the safe and effective use of such products. For anthrax-related 

products, the Agency is concerned with the high risks involved in treating areas/objects 

contaminated with highly virulent and persistent anthrax spores. Reducing these risks, which 

include exposure to the anthrax spores, the pesticide product, and any areas ineffectively 

decontaminated, requires that treatments be performed correctly and with the approval of 

responsible regulatory authorities. To minimize the risks of improper and unsafe applications, the 

Agency is limiting availability of anthrax-related products to those persons or companies who have 

a legitimate need. With this approach, these products will not to be sold, offered for sale, or 

distributed to the general public. The Agency is also requiring purchasers of anthrax-related 

products to be specifically trained in the product application (to assure it is done safely and 

effectively) and in the overall process of decontamination in response to an intentional attack with 

bacterial spores. Training must be repeated every two years. Registrants must maintain records of 

persons who have been trained and entities to which the product has been sold or distributed. 

Normally, records will not be submitted to EPA unless EPA requests them, such as in the event of 

a bioterrorism attack or in conjunction with enforcement investigations. 

 EPA issued a Pesticide Registration Notice (PRN), on August 26, 2008, (73 FR 51467) 

informing registrants that certain conditions of registration will apply to anthrax-related products. 

The PRN, titled “Guidance for Antimicrobial Pesticide Products With Anthrax-Related Claims,” 

(Attachment D) specifies that products claiming to inactivate anthrax spores should be: (a) 

supported by specific sporicidal efficacy studies that are acceptable to EPA; and (b) subject to 

specific terms and conditions of registration that limit the use of these products to specifically 

trained persons. The agency is also developing new guidelines “OPPTS 810.2100, Products for 

Use on Hard Surfaces—Basic Efficacy Data Recommendations.” When final, the new data 

requirements will address efficacy testing for anthrax-related products. The training and reporting 

information activities for registrants of anthrax-related products will not be imposed on 

respondents until a registration is granted. 
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The final PRN, and responses to the public comments received, are located in the public 

docket for the guidance document (docket no. EPA-HQ-OPP-2008-1004), which can be accessed 

at http://www.regulations.gov. 

2(b) Practical Utility/Users of the Data

EPA uses annual reports from the authorized agencies as a monitoring tool to develop 

overall data on pesticide activities for OMB, Congress, and others; to distribute EPA grant funds to 

participating authorized agencies; to target enforcement activities; and to revise certification and 

training program emphasis and requirements. 

In a federal program, an application form is used to obtain vital information from persons 

applying for certification, such as name and address, and to schedule applicators for certification or 

re-certification. Authorized agencies use their State or tribal authority to obtain this information. 

Federal certification programs require dealers to maintain sales records for RUPs. Dealer 

records are necessary for EPA to ensure that access to RUPs is limited to certified applicators. 

State-administered (or authorized agency) certification programs use State authority to require 

dealers to maintain sales records for RUPs. 

EPA requires a record of each application of a RUP by a certified commercial applicator 

under federally-run programs (such as the Indian Country programs). EPA monitors these records 

to assure that RUPs are used only by, or under the direct supervision of, certified applicators, and 

to ensure that pesticide labeling requirements are adhered to by applicators. This is done by 

requiring applicators to record details of the RUP application. Without these records it would be 

difficult to successfully enforce against misuse, or investigate accidents or poisoning incidents. 

 

RUP application records are also required for certified commercial applicators under 

programs run by states or other authorized agencies. These records are monitored to assure that 

RUPs are used only by, or under the supervision of, properly trained and certified applicators and 

to ensure that pesticide labeling requirements are adhered to by applicators. This is done by 

requiring applicators to record the application (e.g., amounts, locations, and dates) of RUPs. 

Without these records it would be difficult to successfully enforce against misuse and ensure 

proper training and supervision of uncertified applicators. 

For anthrax-related products, EPA and other authorized agencies (e.g., Department of 

Homeland Security, Department of Defense, and other federal and state agencies) will use the 

recorded information to carry out decontamination activities and to conduct enforcement 

investigations, if needed, in the event of a bioterrorism attack. The required registrant training will 

help assure that applications of anthrax-related products are performed safely, effectively and in 

accordance with the requirements of federal, state and local authorities. The utility of records kept 

by registrants on trained persons and persons to whom anthrax-related products are sold is twofold: 
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 EPA and other responsible agencies will be able to know who is qualified to buy and use 

these products and thereby be able to carry out effective and timely decontamination 

activities in the event of a bioterrorism attack; and 

 human health and the environment will be protected because only persons who are properly 

trained will apply these products. 

3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Non-duplication

EPA is the only Federal agency with the authority to certify applicators of restricted use 

products. However, the United States Department of Agriculture (USDA) also has regulations 

which impact certified applicators. In addition to providing most of the training for certified 

applicators under an Interagency Agreement (IAG) with EPA, USDA has regulations which 

require private applicators to maintain records regarding the application of restricted use 

pesticides. The records required by USDA under 7 CFR 110 are more specific than those required 

by EPA under 40 CFR 171. 

FIFRA prohibits EPA from requiring private applicators to keep records or make reports, 

so there is no duplication of record-keeping with regard to private applicators. Only EPA requires 

record-keeping for commercial applicators. Consequently, no duplication of requirements exists. 

 

To prevent duplication and facilitate authorized agency reporting, EPA permits authorized 

agencies to use grant reports in lieu of separate annual reports to EPA, and authorized agencies 

may amend their plan with an addendum. 

No other Federal, state, or tribal government agency requires that registrants conduct 

training for anthrax-related products, or that registrants keep information on persons trained or to 

whom anthrax-related products have been sold or distributed. 

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

 Pursuant to 5 CFR 1320.8(d), EPA published a Federal Register (FR) notice on October 27, 

2010, soliciting comment on this information collection activity and the Agency’s intent to renew 

the OMB approval of this ICR. EPA received no comments on this notice. The FR notice and the 

proposed renewal ICR are located in the docket for this action, which can be accessed at 

http://www.regulations.gov using the docket identifier EPA-HQ-OPP-2010-0723. 

3(c) Consultations

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

performed by firms in the course of training and certifying persons who apply restricted use 

pesticides. Regulations under 40 Code of Federal Regulations, Part 171 (40 CFR 171) were 
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published in the Federal Register in 1974, 1975 and 1978 with minor modifications in 1983 and 

1984. All sections of the regulations provided a comment period for interested parties prior to 

promulgation. The comments received were evaluated by the Agency prior to issuance of the final 

rule. Continuous consultation and/or dialogue between industry and the Agency occurs on an 

informal, on-going, "as needed" basis, primarily during the submission and review of reports. 

In addition, during preparation of this ICR renewal, EPA staff contacted representatives 

from a cross-section of respondents to seek feedback on the burden estimates in the ICR, the 

clarity of instructions provided, and other questions pertaining to the requirements of the program. 

A list of respondents consulted and their complete responses can be found in Final Attachment E. 

Consultations with States: 

All 50 states currently administer the certification program based on individual state plans 

that are approved by EPA. Under a cooperative agreement with EPA, States are required to submit 

annual reports that describe program activity and planned changes to State plans. These reports 

also detail the number of applicators certified, an important piece of information as the state 

allocation for training is based on the numbers of applicators certified. These reports are the basis 

for the information collection that this request addresses. Three consultations were made with 

states: State of Maine, Department of Agriculture, Board of Pesticides Control; California 

Department of Pesticide Regulation (DPR), Licensing and Certification Program; and an 

agricultural extension program expert at the University of Arkansas, Division of Agriculture. 

These respondents said that the data required by the Agency are clear and are not available 

from other sources. One state noted that while the requirements are generally clear, any changes 

from the previous year should be identified and summarized in a written document sent to each 

state and posted on the website where the data are electronically reported. EPA will consider 

implementing this suggestion for future reporting. One state indicated that some of the data 

reported is available from multiple agencies within their state. However, EPA feels it is reasonable 

to receive a single report from each state lead agency for pesticide regulation and that each state is 

free to collect the information through whatever process they choose. 

The respondents understand which records need to be kept, that web-based reporting tools 

are working well, and that a less-frequent collection would not produce the desired outcomes. 

Although one state did suggest reporting once every two years, this would not allow for efficient, 

equitable distribution of funding among states (see explanation in section 3(d), below). 

Respondents also said that no costs were omitted, and that the Agency’s burden and cost estimates 

are generally realistic, though two of the respondents said the wage rates the Agency described 

were somewhat high, and that the Agency may have overestimated the clerical burden. EPA feels 

that a slight overestimate of the costs and burdens associated with this ICR is preferable to an 

underestimate, and that the wage rates and burden estimates described in this ICR renewal are 

appropriate as average estimates for a program with national scope. Actual burdens and wage rates 

are expected to differ among states. Based on the information provided by respondents, no 

changes were made to the burden and cost estimates in the ICR. 

Consultations with Registrants of Anthrax-Related Products

The only two companies that currently register anthrax-related products were contacted. A 
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response was received from the Director of Manufacturing Operations for one company (sBioMed 

LLC). No response was received from the other company contacted, Clean Earth Technology. 

The response said that the data required by the Agency are clear and not available from other 

sources. It is also clear which records need to be kept, and that they must be current at any given 

time. The response said that the Agency’s estimate of costs and burden hours are accurate, and that 

no costs have been omitted. Based on the information provided by respondents, no changes were 

made to the ICR for anthrax-related products record-keeping burden. 

3(d) Effects of Less Frequent Collection

Authorized agencies’ reports on certification program activities are submitted to EPA 

annually, which is a minimal reporting period. Most annual reporting information required under 

the regulation is contained in authorized agencies’ annual grant report to EPA, and can be 

submitted as a joint package. Budget requests and the distribution of cooperative agreement funds 

are also done on an annual basis. The annual report data is used to support budget requests and to 

apportion cooperative agreement funds. Less frequent collection of information would be less 

efficient for overall reporting by authorized agencies. In addition, less frequent collection of 

information would not allow EPA to distribute these funds in the most equitable manner, as data 

demonstrating need would not be current. 

For anthrax-related products, the information kept by registrants on certification, training 

and records regarding the persons to whom the product was sold will be requested only as needed 

(such as for an enforcement investigation), which should be very infrequently. Accordingly, less 

frequent collection of data would not meet the EPA’s needs. 

3(e) General Guidelines

FIFRA section 11(a)(1) requires that EPA use a form for applicators to apply for 

certification, whenever the Agency administers the Certified Pesticide Applicator program in the 

place of a program administered by an authorized agency. In the last renewal of this ICR, only 

EPA Form 8500-17-N, Request for Pesticide Applicator Certification in Navajo Indian Country

(Attachment F) was used for this collection activity. In this renewal of the ICR, EPA will seek 

approval of another, similar form (EPA Form 2070-XX-X, Request for Pesticide Applicator 

Certification in Indian Country) to be used for all of Indian Country nationally (Attachment G), 

except for Navajo Indian Country. In Navajo Indian Country, the previous form will continue to be 

used. The record-keeping activities briefly described herein will not exceed OMB’s guideline that 

agencies not require that records be retained for more than 3 years (5 CFR 1320.5(d)(2)(iv)). 

3(f) Confidentiality

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

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

information. 

3(g) Sensitive Questions
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No information of a sensitive or private nature is requested in conjunction with this 

collection activity. 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

The North American Industrial Classification System (NAICS) code for respondents 

participating in the data collection activity is noted here: 

Applicators on Farms: 

111 Crop Production 

112 Animal Production 

Commercial Services Applicators:

561710 Exterminating and Pest Control Services 

Administration of Certification Programs by States/Tribal Lead Agencies:

924110 Environmental protection program administration 

926140 Pest control programs, agricultural, governmental 

Pesticide Dealers (only for EPA-administered programs):

444220 Retail Nursery, Lawn, and Garden Supply stores 

424910 Agricultural chemicals merchant wholesalers 

Pesticide And Other Agricultural Chemical Manufacturing: 

32532 Individuals or entities engaged in activities related to the registration of a 

pesticide product 

4(b) Information Requested 

(i) Data items, including record-keeping requirements

Annual Reports

Annual reports are required from States, Indian tribes, and Federal agencies with EPAapproved certification plans. These authorized agencies must develop reports based on the 

requirements in the regulations, including information on their respective program activity, such as 

the number, type, and category of applicators certified and re-certified, and any significant changes 

to their plans. 

Application for certification in EPA-administered programs (Indian Country)
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In Federal programs, regulations require that an application form (EPA Form 8500-17-N, 

Request for Pesticide Applicator Certification in Navajo Indian Country (Attachment F); and, new 

EPA Form 2070-XX-X, Request for Pesticide Applicator Certification in Indian Country; (see 

Attachment G) be completed for persons seeking certification or re-certification. The forms are 

necessary for EPA to certify and re-certify applicators, by obtaining vital information on certified 

applicators such as name, address, and type and category of certification. 

EPA plans to administer a Federal program (for both private and commercial applicators) 

throughout Indian Country nationally during this ICR renewal cycle; one of the application forms 

listed above must be submitted to obtain certification. This program expands on an existing 

program to certify applicators in Navajo Indian Country. Applicators with current certification 

from an authorized agency will be eligible for certification in Indian Country with proof of 

certification and a completed form. Private applicators will also be given the option to complete 

training and submit a self-study evaluation and a completed form in lieu of a current existing 

certification. EPA estimates that about 8,300 applicators will need certification in Indian Country, 

and we expect that all will apply for the program. 

Dealer record-keeping in Federal (EPA-administered) programs (Indian Country)

The regulations require dealers under Federal programs to keep records of the sale of 

restricted-use products for 24 months. Dealer records are maintained at the pesticide dealership, 

and are not routinely submitted to EPA; however, they may be collected as part of an investigation 

or enforcement action. This is necessary for EPA to ensure that access to restricted use pesticides 

is limited to certified applicators, or those under their direct supervision. Without the ability to 

limit access to RUPs, there would be little purpose in certifying applicators or classifying 

pesticides for restricted use. This provision is solely intended to provide EPA with the authority to 

impose dealer record-keeping in entities with EPA-administered programs. Programs administered 

by authorized agencies must use their own laws and regulations to require dealers to maintain 

records of restricted-use pesticide sales. 

Commercial Applicator Records – Federal programs

Commercial applicators under EPA-administered programs must generate records on the 

kinds, amounts, uses, dates and places of restricted-use pesticide applications immediately after the 

application is complete. Specifically, EPA requires commercial applicators to record the following 

information: the name and address of the person for whom the pesticide was applied; the location 

of the application; the target pest(s); the specific crop or commodity, as appropriate; the name and 

registration number of the pesticide applied; the amount applied and percent active ingredient per 

unit of pesticide used; and the type and amount of leftover pesticide disposed of with the method 

and location of disposal. Records must be retained for two years. Records are not required to be 

submitted, but they must be made available to EPA or officials of authorized agencies upon 

request. Records collected may become part of an enforcement action or investigation. 

 There currently is one EPA-administered program for commercial applicator certification, 

in Navajo Indian Country. However, during this ICR renewal cycle, EPA plans to expand this 

program (including both private and commercial applicators) to all of Indian Country nationally. 
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Commercial Applicator Records - Programs administered by authorized agencies

Commercial applicators under programs administered by authorized agencies must 

generate records on restricted-use pesticide applications immediately after the application is 

complete. In programs administered by authorized agencies, the information recorded includes 

what EPA requires (described above in Federal programs) as well as any requirements by the 

authorized agency. 

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

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

enforcement action or investigation. 

Anthrax-Related Products: Training and Examination Materials

Registrants of anthrax-related products develop training and examination materials and 

submit them to EPA as part of the application for registration or amendment for EPA’s review and 

approval. At a minimum, these materials will include: 

 Characteristics of and human health hazards posed by B. anthracis spores; 

 Personal Protective Equipment (PPE) appropriate for protection against both B. anthracis

spores and the pesticide product itself; 

 Detailed instructions for safe and effective use of the pesticide product and any associated 

equipment; 

 Detailed review of all steps involved in the decontamination process as provided in 

guidance from federal agencies as well as review of applicable federal statutory and 

regulatory requirements and guidance; and 

 A written examination. 

Registrants will use the exam to assess whether the trained applicator's competency on the 

above issues is acceptable. 

Anthrax-Related Products: Records of Persons Trained by the Registrant

Registrants of anthrax-related products will keep records of the persons who complete 

training on the use of their products. Such information would include, at a minimum, the person’s 

name, address, telephone number, and date of completion of training. 

Anthrax-Related Products: Records of Persons to Whom Registrant Sells/Distributes 

Product

Registrants of anthrax-related products will keep records of the persons/entities to whom 

they sell or distribute their products. Such information would include, at minimum, the person’s or 

entity’s name, address, telephone number, date, and amount of product. 

 (ii) Respondent Activities
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Typically, authorized agencies respondents will perform the following activities: 

Activity Detail 

Read rules or other instructions Read applicable regulations, 40 CFR 171, grant requirements, and 

other applicable requirements 

Receive Training Administered by EPA approved program or EPA 

Create information Document activities/applications 

Gather information Collect records needed to develop annual report 

Review Review information for accuracy 

Complete written forms or other 

instruments 

Extract data from records and compile into reporting format 

Record, disclose, display, or 

report the information 

Compile report and submit. Record maintenance for preparation of 

the next annual report, such as grant reports and hard copy and 

computer records of data required in the annual report. 

Store, file, or maintain 

information. 

Store and retain records. 

A typical registrant of an anthrax-related product will perform the following activities: 

Activity Detail

Read rules or other instructions Read applicable regulations (40 CFR 152) and guidance (PR Notices, 

etc.) 

Develop Training & Exam, and 

Record-Keeping Method 

Document development of materials and record-keeping methods 

Review Review information for accuracy 

Submit training and exam materials 

to EPA 

Compile training and exam materials and submit to EPA 

Gather and review information Collect and review record-keeping information 

Submit record-keeping 

information, if requested. 

Compile report and submit, if requested. 

Record, store, file, or maintain 

information. 

Record, store and retain records. 
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5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 

 METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

In continuing this collection for Federal certification programs and authorized agencies, 

EPA will: 

- Prepare reports (EPA Regions for Indian Country). For this, EPA Regional offices will prepare 

and submit reports for the Federal plans in Indian Country 

- Answer respondent questions 

- Review data submissions 

- Record data submissions 

- Develop/maintain a master data base for data submissions 

- Reformat and distribute data 

- Store data 

For anthrax-related products, EPA will: 

- Answer respondent questions 

- Review training and examination materials 

- Record data 

- Maintain data 

- Store data 

 

5(b) Collection Methodology and Management

Authorized agencies: Annual reports from authorized agencies are required. EPA allows 

respondents to use their end-of-year grant reporting to fulfill the annual report requirement under 

this collection program to the extent that information contained in such grant reports satisfies 40 

CFR Part 171 requirements. Certain minor reporting elements which may be outside the scope of 

the grant reports may be provided in whatever fashion the respondent finds most convenient and 

least burdensome. The information required under this program is generally included in the grant 

reports as a 2-3 page addendum to that report. A web-based template for electronic completion 

and submission of the annual reports (Certification Plan and Annual Reporting Database,

available at http://cpard.wsu.edu/login.aspx?ReturnUrl=%2fDefault.aspx) has been used by all 

states since 2006. EPA does not require the submission of dealer records or commercial applicator 

records, but rather requires that they furnish records for inspection and copying upon request. 

Applicators: The applicator certification application form is used as an initial reference 

point for potential certified applicators in Federal programs. The form requires only basic 

information such as name and address. For Federal programs, certification applicants mail 

completed forms to the respective EPA Regional office, which compiles and maintains data on 
February 14, 2011 

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program operations. The public may access the data through the appropriate EPA Regional office. 

Anthrax-related materials: Training materials submitted by registrants will be handled 

like any other registration data submissions. That is, each document will be assigned a Master 

Record Identification (MRID) number, converted to an electronic copy, and stored in EPA’s 

existing data library. Applicable records for sale, use and training shall be available on site for 

inspection as needed. 

5(c) Small Entity Flexibility

 This information collection applies specifically to individuals who are certified 

applicators. EPA believes that the records required of certified pesticide applicators and their 

employees are minimal and would generally be kept for the applicators’ own use even in the 

absence of this regulation. In Federal programs for Indian Country, where EPA administers the 

certification program, dealers are also required to keep records. EPA does not require the 

submission of records kept by dealers or commercial applicators, but rather requires that they 

furnish records for inspection and copying upon request. 

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

information collected and the record-keeping required is the minimum required by regulation and 

that is necessary to implement a successful certification program. 

 For anthrax-related products, regulations apply specifically to registrants, most of whom 

are likely to be small entities. EPA believes that the records required of registrants are minimal. 

The information collected and the record-keeping is the minimum necessary to meet the conditions 

of registration described in the PR Notice: Guidance for Antimicrobial Pesticide Products with 

Anthrax-Related Claims.

5(d) Collection Schedule

There is no set collection schedule for commercial applicators. Commercial applicators 

must generate records on the kinds, amounts, uses, dates, and locations of restricted use pesticide 

applications immediately after pesticide application, and are required to maintain these records for 

two years. Similarly, dealer records of restricted use pesticide sales are required to be maintained 

for two years. Although the commercial applicator records and the dealer records are maintained 

locally and are not required to be submitted to EPA or the authorized agencies, they must be made 

available for EPA or authorized agency officials upon request. Records collected may become part 

of an investigation or enforcement action. Commercial applicators in EPA-administered programs 

must also submit an application form for certification or recertification, whenever needed. 

Authorized agencies with an EPA-approved plan to administer their own applicator 

certification program must submit a report annually. The annual reporting period allows for 

efficiency in authorized agencies as most required information is contained in their end-of-year 

grant report, which can be submitted as a joint package. The annual reporting cycle also facilitates 

equitable apportionment of cooperative agreement funds to authorized agencies, based on data 

submitted. 
February 14, 2011 

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There is no collection schedule for any data for anthrax-related products. Training and 

examination materials are only submitted with the application for registration or amendment. 

Information about training, sale, and distribution of anthrax-related products, including to whom 

product is sold, is not submitted unless EPA requests it, which would likely be infrequently. 

6. ESTIMATING THE BURDEN AND COST OF COLLECTION

6(a) Estimating Respondent Burden

In estimating the average respondent burden, EPA based the burden hour estimates on 

experience with and knowledge of the Certification and Training Program; Regional contacts and 

budget staffing records of the Regional offices; and information obtained from the consultation 

process, USDA, authorized agencies, and other resources. The total annual burden for EPA’s State, 

Federal, and Tribal partners (authorized agencies) to report is estimated to be 4,409 hours, with an 

average burden of 77.4 hours for each of the 57 participating entities (see Table 1). The average 

per-State burden was based on several estimates provided to EPA by participating States. 

Within this ICR renewal cycle, EPA anticipates administering a Federal certification plan 

for Indian Country throughout the U.S. In Indian Country, an estimated 8,300 applicators will need 

to complete an application form to apply for certification, once during the 3-year ICR cycle. EPA 

therefore estimates that an average of 2,767 applications for certification will be received annually 

in the Federal program (8,300 applicators over 3 years). The total annual burden for certifying 

applicators where EPA implements the certification program for commercial and private 

applicators in Indian Country is estimated to be 470 hours, with an average burden estimate of 0.17 

hours, or 10 minutes, per respondent (see Table 2). This burden is based on completing 

applications for certification. Since the Federal Program is managed by Agency personnel, this 

burden estimate is based on the experience of the personnel in EPA’s Region 9, which runs the 

program in Navajo Indian Country. 

The Federal plan for certification in Navajo Indian Country has been the only Federal plan 

administered by EPA since the last ICR renewal. Prior to the next ICR renewal, EPA intends to 

implement two new Federal certification plans: one for Indian Country in EPA’s Region 8 (in 

Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming), and the other for the rest 

of Indian Country, nationally. The national plan will cover all of Indian Country except for 

Navajo Indian Country and Indian Country in Region 8; there will be separate Federal plans for 

each of those two areas. However, the burden and cost estimates for Indian Country included 

below, and for which EPA seeks approval for collection, are a single estimate for Indian Country 

throughout the U.S., i.e., these estimates are for Navajo Indian Country, Region 8, and the rest of 

the nation combined. Although the plan for Navajo Indian Country is already in effect, and the 

Region 8 and national plans will be implemented sequentially, the combined burden estimates are 

based on the maximum burdens anticipated in any year during this ICR renewal cycle. 

Federal (EPA-implemented) programs: The total annual burden of record-keeping for 

restricted use pesticide applications by commercial applicators under Federal certification 
February 14, 2011 

Page 14 of 22 

programs (Indian Country throughout the U.S.) is estimated to be 10,044 hours, with an average 

burden estimate of 3.1 hours per respondent, for each of an estimated 3,240 respondents (see Table 

3). 

Programs administered by authorized agencies: Commercial applicators and firms under 

authorized programs are also required to generate and maintain records of restricted use pesticide 

applications immediately after the application. The Agency estimates that 421,000 commercial 

applicators will be subject to the record-keeping requirements, for a total annual respondent burden 

of 1,305,100 hours. The average per-respondent burden is 3.1 hours (see Table 4). 

RUP Product Sales Record-keeping: RUP dealers are required to record sales of RUPs 

and maintain these records; the Agency estimates that there are approximately 250 RUP sales 

transactions per dealer per year, which require approximately 2 minutes of dealer burden per 

transaction. This results in a per-respondent burden of approximately 8.6 hours annually to collect 

and record information. The total annual burden for all respondents is approximately 559 hours 

for 65 respondents (Table 5).

Anthrax-related products: In estimating the average respondent burden related to the 

information collection components on anthrax-related products, EPA based the burden hour and 

cost estimates on its experience and information obtained from the consultation process and other 

resources. The total annual burden for affected registrants for training and examination activities is 

estimated to be 50 hours, with an average burden of 25 hours each for approximately 2 registrants 

(see Table 6). The total annual burden for record-keeping of persons trained and persons/entities 

to whom anthrax-related products are sold or distributed is estimated to be 37 hours, with an 

average burden of 18.5 hours for each of 2 registrants (see Table 7). 

6(b) Estimating Respondent Costs

 Agency economists revised the estimated wages, benefits and overhead for all labor 

categories for affected industries, state government, and EPA employees based on publicly 

available data from the US Bureau of Labor Statistics. The formulas used to estimate the labor 

rates and formulas used to derive the fully loaded rates and overhead costs for this ICR renewal are 

listed in Attachment H.
February 14, 2011 

Page 15 of 22 

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 renewal uses 2009 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 G). 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 43% of unloaded wage rates, 

based on benefits for all civilian non-farm workers, from 

http://www.bls.gov/news.release/ecec.t01.htm. However, if other sectors are 

listed for which 43% is not applicable, the applicable percentage will be stated. 

Fully Loaded 

Wage Rate 

We multiply the loaded wage rate by 50% (EPA guidelines 20-70%) to get 

overhead costs. 

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

information collection activities of this program. For annual report activities, the estimated 

average annual cost per participating State or other authorized agency is about $3,555, with the 

total annual cost for all authorized agencies estimated to be $202,618 (Table 1). 

The estimated average annual cost for certifying commercial and private applicators in 

Indian Country is $5.42 per respondent, with the total annual cost for all certified applicators 

estimated to be about $14,982 (Table 2). 

The total annual respondent cost for all commercial applicator record-keeping of restricted 

use pesticide applications in Indian Country is estimated at $319,901, with an average annual perrespondent cost of about $99 (Table 3). Record-keeping of applications by all commercial 

applicators under State authority has an estimated total annual cost of $41,567,435, based on the 

commercial applicator count of 421,000. Again, the average annual per-respondent cost is 

estimated to be about $99 (Table 4). 

The estimated average annual cost per respondent for all RUP dealers in Indian Country to 

record sales and maintain records is $374.19, with the total annual cost for all 65 RUP dealers 

estimated to be approximately $24,322. This assumes 250 RUP sales transactions per dealer per 

year, with 2 minutes required during each transaction, or approximately 8.6 hours per respondent 
February 14, 2011 

Page 16 of 22 

over the course of a year (Table 5). 

For registrants of anthrax-related products, the estimated average annual cost per registrant 

for training and examination materials is about $1,487, with the total annual cost for all registrants 

estimated to be almost $2,974 (Table 6). The estimated average annual cost to these respondents 

for record-keeping activities is approximately $1,126 per registrant, with the total annual cost for 

all registrants estimated to be about $2,253 (Table 7). 

Table 1. Average Annual Respondent Burden and Cost Estimates to Authorized Agencies for 

Annual Reports on Certification and Training Programs

Collection Activities Annual Burden Hours 

Per Respondent 

TOTALS 

Tech. 

$56.65/hr 

Clerical 

$38.51/hr 

Hours Cost 

$ 

Read/hear rule or any collective instrument 

instruction (incl. compliance determination) 

0.25 0 0.25 14.16 

Create information 5 0 5 283.25 

Gather information 5 0 5 283.25 

Process, compile, review info for accuracy 1 0 1 56.65 

Complete written forms or other instruments 0.5 0.5 1 47.58 

Record, disclose, display, or report the 

information 

20 45 65 2,865.95 

Store, file, or maintain the information 0 0.1 0.1 3.85 

TOTAL 31.75 45.6 77.35 3,554.69 

TOTAL ANNUAL BURDEN: 77.35 hrs/respondent x 57 respondents = 4,409 hrs 

TOTAL ANNUAL COST: $3,554.69/ respondent x 57 respondents = $202,618 

Table 2. Average Annual Respondent Burden and Cost Estimates for Certified Applicators 

in Federal Programs (Indian Country) for Completion of EPA Form to Apply for 

Certification 

Collection Activities Annual Burden and Cost Per Respondent 

Tech. Hours 

$31.85/hr 

Total Hours Cost 

$ 

Read/hear rule or any collective instrument 

instruction (incl. compliance determination) 

0.07 0.07 2.23

Complete written forms or other instruments 0.10 0.10 3.19

TOTAL 0.17 0.17 5.42

TOTAL ANNUAL BURDEN: 0.17 hrs/respondent x 2,767 respondents = 470 hrs 

TOTAL ANNUAL COST: $5.42/respondent x 2,767 respondents = $14,982 
February 14, 2011 

Page 17 of 22 

Table 3. Average Annual Respondent Burden and Cost Estimates for Commercial 

Applicators in Federal Programs (Indian Country) for Record-Keeping for Restricted 

Use Pesticide Applications 

Collection Activities Annual Burden and Cost Per Respondent 

Tech. Hours 

$31.85/hr 

Total Hours Cost 

$ 

Read/hear rule or any collective instrument 

instruction (incl. compliance determination) 

0.2 0.2 6.37

Create information 2 2 63.70

Store, file, or maintain the information 0.9 0.9 28.67

TOTAL 3.1 3.1 98.74

TOTAL ANNUAL BURDEN: 3.1 hrs/respondent x 3,240 respondents = 10,044 hrs 

TOTAL ANNUAL COST: $98.74/respondent x 3,240 respondents = $319,901 

Table 4. Average Annual Respondent Burden and Cost Estimates for Commercial 

Applicators and Firms under Authorized Agency Programs for Record-keeping for 

Restricted Use Pesticide Applications 

Collection Activities Annual Burden and Cost Per Respondent 

Tech. Hours 

$31.85/hr 

Total Hours Cost 

$ 

Read/hear rule or any collective instrument 

instruction (incl. compliance determination) 

0.2 0.2 6.37

Create information 2 2 63.70

Store, file, or maintain the information 0.9 0.9 28.67

TOTAL 3.1 3.1 98.74

TOTAL ANNUAL BURDEN: 3.1 hrs/respondent x 421,000 respondents = 1,305,100 hrs 

TOTAL ANNUAL COST: $98.74/respondent x 421,000 respondents = $41,567,435 

Table 5. Average Annual Respondent Burden and Cost Estimates for Restricted Use 

Pesticide (RUP) Dealers in Federal Programs (Indian Country) for Record-Keeping 

for RUP Sales 

Collection Activities Annual Burden and Cost Per Respondent 

Tech. Hours 

$43.51/hr 

Total Hours Cost 

$ 

Read/hear rule or any collective instrument 

instruction (incl. compliance determination) 

0.2 0.2 8.70 

Create information 6.3 6.3 274.11 

Store, file or maintain the information 2.1 2.1 91.37 

TOTAL 8.6 8.6 374.19 

TOTAL ANNUAL BURDEN: 8.6 hrs/respondent x 65 respondents = 559 hrs 

TOTAL ANNUAL COST: $374.19/respondent x 65 respondents = $24,322 
February 14, 2011 

Page 18 of 22 

Table 6. Anthrax-related products: Average Annual Respondent (Registrant) Burden and 

Cost Estimates for Training and Examination Materials 

Collection Activities Annual Burden Hours 

Per Respondent 

TOTALS 

Tech. 

$60.88/hr 

Clerical 

$37.40/hr 

Hours Cost 

$ 

Read/hear PR Notice (guidance) 0.5 0 0.5 30.44

Develop Training & Examination Materials 20 0 20 1,217.60

Review information for accuracy 2 0 2 121.76

Submit training and exam materials to EPA 1 1 2 98.28

Record, store, and file the information 0 0.5 0.5 18.70

TOTAL 23.5 1.5 25 1,486.78

TOTAL ANNUAL BURDEN: 25 hrs/respondent x 2 respondents = 50 hrs 

TOTAL ANNUAL COST: $1, 486.78/respondent x 2 respondents = $2,974 

Table 7. Anthrax-related products: Average Annual Respondent (Registrant) Burden and 

Cost Estimates for Record-Keeping 

Collection Activities Annual Burden and Cost Per Respondent 

Tech. Hours 

$60.88/hr 

Total Hours Cost 

$ 

Read/hear PR Notice (guidance) 0.5 0.5 30.44

Gather and review information 10 10 608.80

Record, store, and file the information 5 5 304.40

Submit information, only if requested 3 3 182.64

TOTAL 18.5 18.5 1,126.28

TOTAL ANNUAL BURDEN: 18.5 hrs/respondent x 2 respondents = 37 hrs 

TOTAL ANNUAL COST: $1,126.28/respondent x 2 respondents = $2,253 

 6(c) Estimating Agency Burden and Cost 

Certification Programs: Based on experience, the Agency has estimated the annual 

burden to the federal government to review the submissions of annual reports and applications for 

certification. The Agency’s total annual burden associated with the certification of pesticide 

applicators program is estimated at 2,144 hours. The total annual cost to the Agency is estimated at 

$160,498. The burden and cost to the Agency have increased from the estimates in the last ICR 

renewal due to an increase in the number of respondents in Indian Country. 

Anthrax-related products: The Agency estimates the annual burden to the federal 

government to review the registrants’ training material submissions to be 75 hours. The total 

annual cost to the Agency is estimated at $5,588. 
February 14, 2011 

Page 19 of 22 

Total Agency burden: The Agency estimates the total annual burden to the federal 

government associated with the certification of pesticide applicators program and anthrax-related 

products training materials to be 2,219 hours. The total annual cost to the Agency for these reviews 

is $166,087. 

Table 8a. Annual Agency Burden and Cost Estimates - Burden to EPA Regional Offices for 

Indian Country Program and for Processing Annual Reports from Authorized Agencies 

Prior to Submission to Headquarters 

Collection Activities Mgmt. hours 

$112.42/hr 

Tech. hours 

$74.51/hr 

Cler. hours 

$42.43/hr 

Total 

Hours 

Cost 

$ 

Prepare Regional Reports - 

for Federal Programs in 

Indian Country1

0 936 0 936 69,741.36 

Answer respondent questions 7.1 228 0 235.1 17,786.46 

Audit/review submissions 15 638 0 653 49,223.68 

Reformat and distribute data 0 50 0 50 3,725.50 

Store, file, or maintain the 

information 

0 17 3 20 1,393.96 

TOTAL 22.1 1,869 3 1894.1 141,870.96 

Table 8b. Annual Agency Burden and Cost Estimates - Burden to Headquarters for Review 

of Submitted Annual Reports 

Collection Activities Tech. Hours 

 $74.51/hr

Cost 

$

Answer respondent questions 116 8,643.16

Audit/review submissions 93 6,929.43

Reformat and distribute data 29 2,160.79

Store, file, or maintain the information 12 894.12

TOTAL 250 18,627.50

Table 8c. Annual Agency Burden and Cost Estimates - Burden to Headquarters for Review 

of Submitted Training and Examination Materials for Anthrax-related products 

Collection Activities Tech. Hours 

 $74.51/hr

Cost 

$

Answer respondent questions 3 223.53 

Audit/review submissions 60 4,470.60 

Reformat and distribute data 6 447.06 

Store, file, or maintain the information 6 447.06 

TOTAL 75 5,588.25 

 

1 For nine Regional Reports on federal programs in Indian Country with a burden of 104 hours of technical time per 

report. Although there are ten EPA Regional Offices, one Region has no federally recognized tribes. The plan for 

Navajo country will be included in the Region 9 Report. 
February 14, 2011 

Page 20 of 22 

6(d) Bottom Line Burden Hours and Cost Table 

Table 9. Bottom Line Annual Burden and Cost Table 

Respondent Total Burden 

Hours 

Total Cost 

($) 

States (Table 1) 4,409 202,618

Federal program - certified applicators (Tables 2 and 3) 

 Table 2 14,982 14,997

 Table 3 319,901 319,901

State-administered programs - commercial applicators (Table 4) 1,305,100 41,567,435

RUP dealer burden for record-keeping of RUP sales (Table 5) 559 24,322

Anthrax-related products - registrants (Tables 6 and 7) 

 Table 6 2,974 2,974

 Table 7 2,253 2,253

Respondent Total 1,320,669 42,134,484

Agency Total Burden 

Hours 

Total Cost 

($) 

EPA Regional Offices (Table 8a) 1,894 141,871

EPA Headquarters (Table 8b) 250 18,628

EPA Headquarters – review of registrant training materials for 

anthrax-related products (Table 8c)

75 5,588

Agency Total 2,219 166,087

6(e) Reasons for Change in Burden

 The total estimated respondent burden for this renewal ICR reflects a net increase of 10,918 

hours related to a program change: the expansion of the Federal certified applicator program from 

Navajo Indian Country to all of Indian Country. 

6(f) Burden Statement

The annual burden for this collection is estimated to average 0.17 hours - approximately 10 

minutes - for each respondent to apply for certification in Indian Country, and 77.4 hours for each 

authorized agency to submit annual reports. Certified commercial applicators have an annual 

average burden of 3.1 hours each for preparing and maintaining required records of restricted use 

pesticide applications. For anthrax-related products, the annual burden for this collection is 

estimated to average 25 hours for each registrant’s training activities, and 18.5 hours for each 

registrant to keep records. 

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

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

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

planning the necessary data collection activities, analyzing data, generating reports and completing 
February 14, 2011 

Page 21 of 22 

other required paperwork, and storing, filing, and maintaining the data. 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 appears at the beginning and end of this document. 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. EPA-HQOPP-2010-0723, which is available for online viewing at www.regulations.gov, or in person 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. 

Submit your comments, referencing Docket ID No. EPA-HQ-OPP-2010-0723 and OMB 

Control No. 2070-0029, to (1) EPA online using www.regulations.gov (our preferred method), or 

by mail to: Public Information and Records Integrity Branch (PIRIB), Mail Code: 7502P, Office of 

Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, 

Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, 

Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, 

Washington, DC 20503. 
February 14, 2011 

Page 22 of 22 

ATTACHMENTS TO THE SUPPORTING STATEMENT

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

under docket identification number EPA-HQ-OPP-2010-0723. These attachments are available for 

online viewing at www.regulations.gov or otherwise accessed as described in section 6(f) of the 

supporting statement, and as noted below. 

Attachment A: 7 U.S.C. 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: Pesticide Registration (PR) Notice 2008-2 - “Guidance for Antimicrobial 

Pesticide Products With Anthrax-Related Claims.” Public comments and/or 

other supporting materials for this draft document are located in the docket 

for the PR Notice, which can be accessed at http://www.regulations.gov

using the docket identifier EPA-HQ-OPP-2008-1004, or at 

http://www.epa.gov/PR_Notices/index.htm. 

Attachment E: Record of Consultations Between the U.S. Environmental Protection 

Agency and Respondents to the Information Collection Request: 

“Certification of Pesticide Applicators”

Attachment F: EPA Form 8500-17-N - Request for Pesticide Applicator Certification 

in Navajo Indian Country - Also available online at 

http://www.epa.gov/oppfead1/safety/applicators/2007/navajo.htm 

Attachment G: EPA Form 2070-XX-X - Request for Pesticide Applicator Certification 

in Indian Country. 

Attachment H: Wage Rate Tables for Commercial Pesticide Applicators, Pesticide 

Registrants, State Government, and EPA