[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Notices]
[Pages 61677-61678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28259]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0917; FRL-8984-9]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Standards for Pesticide
Containers and Containment; EPA ICR No. 1632.03, OMB Control No. 2070-
0133
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.
DATES: Additional comments may be submitted on or before December 28,
2009.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2008-0917, to (1) EPA online using http://www.regulations.gov (our
preferred method), by mail--Office of Pesticide Programs (OPP),
Regulatory Public Docket (7502P), 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.
FOR FURTHER INFORMATION CONTACT: Cameo Smoot, Field and External
Affairs Division, Office of Pesticide Programs, 7506P, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: 703-305-5454; fax number: 703-305-5884; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On February 25, 2009 (74 FR 8537), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2008-0917, 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. The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is (703) 305-5805. Use
EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
Title: Standards for Pesticide Containers and Containment.
ICR numbers: EPA ICR No. 1632.03, OMB Control No. 2070-0133.
ICR Status: This ICR is scheduled to expire on November 30, 2009.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: This information collection request covers the
information collection activities associated with the container design
and residue removal requirements and containment structure
requirements. With respect to the container design and residue removal
requirements, the information collection activities are associated with
the requirement that businesses subject to the container regulations
(pesticide registrants) and repackaging regulations (pesticide
registrants and refillers) maintain records of test data, cleaning
procedures, certain data when a container is refilled, and other
supporting information. These records are subject to both call-in by
EPA and on-site inspection by EPA and its representatives. EPA has not
established a regular schedule for the collection of these records, and
there is no reporting. With respect to the containment structure
requirements, the information collection activities are associated with
the requirement that businesses subject to the containment structure
regulations maintain records of the: (1) Monthly inspection and
maintenance of each containment structure and all stationary bulk
containers; (2) duration over which non-stationary bulk containers
holding pesticide and not protected by a secondary containment unit
remain at the same location; and (3) construction date of the
containment structure. The businesses subject to the containment
structure regulations include agrichemical retailers and refilling
establishments, custom blenders and commercial applicators of
agricultural pesticides. The records have to be maintained by the
owners and operators of such businesses. There is no regular schedule
for the collection of either of these records, nor does EPA anticipate
a call-in of records at some future date. Instead, the records would be
available to inspectors to ensure that businesses are in compliance
with containment requirements. These inspections are
[[Page 61678]]
generally conducted by the states, who enforce FIFRA regulations
through cooperative agreements with EPA.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 7.4
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
Respondents/Affected Entities: Entities potentially affected by
this ICR include pesticide registrants and businesses who formulate
pesticide products or pesticide formulation intermediates (NAICS code
325320), farm supply wholesalers (NAICS code 422910), swimming pool
applicators (classified under NAICS codes 561790, 453998, and 235990),
and agricultural (aerial and ground) commercial applicators (classified
under NAICS code 115112).
Estimated Number of Respondents: 23,586. This includes 1,804
registrant facilities, 16,795 agricultural pesticide refillers, 322
swimming pool supply companies, and 4,665 facilities requiring
secondary containment.
Frequency of Response: On occasion. There is no regular reporting
involved. This ICR only involves recordkeeping requirements.
Estimated Total Annual Hour Burden: 174,550.5 hours. This includes
139,563 hours for container design and residue removal requirements and
34,987.5 hours for containment structure requirements.
Estimated Total Annual Cost: $6,124,953. This includes $4,902,723
for container design and residue removal requirements and $1,222,230
for containment structure requirements.
Changes in the Estimates: The renewal of this ICR will result in an
overall increase of 122,493.5 hours in the total estimated respondent
burden identified in the currently approved ICR. When the information
collection associated with this ICR was approved in 2006, the burden
hours were adjusted to reflect only the burden associated with initial
rule familiarization and state requests to use their containment
regulations in lieu of Federal regulations--a total of 52,057 hours.
These were the only burdens that were imposed by the pesticide
container and containment regulations during the course of that
approval. EPA was instructed to revise the estimates, upon
resubmission, to reflect the burden imposed in 2009 and beyond because
of compliance with the requirements.
Dated: November 18, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-28259 Filed 11-24-09; 8:45 am]
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