Notice2024-08555
Agency Information Collection Activities; Proposed Renewal of an Existing ICR Collection and Request for Comment; Standards for Pesticide Containers and Containment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 22, 2024
Issuing agencies
Environmental Protection Agency
Abstract
In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): "Standards for Pesticide Container and Containment," identified by EPA ICR No. 1632.07 and OMB Control No. 2070-0133. This ICR represents a renewal of an existing ICR that is currently approved through January 31, 2025. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.
Full Text
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<title>Federal Register, Volume 89 Issue 78 (Monday, April 22, 2024)</title>
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[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29323-29325]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08555]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0023; FRL-11670-01-OCSPP]
Agency Information Collection Activities; Proposed Renewal of an
Existing ICR Collection and Request for Comment; Standards for
Pesticide Containers and Containment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces the availability of and solicits public comment on
the following Information Collection Request (ICR) that EPA is planning
to submit to the Office of Management and Budget (OMB): ``Standards for
Pesticide Container and Containment,'' identified by EPA ICR No.
1632.07 and OMB Control No. 2070-0133. This ICR represents a renewal of
an existing ICR that is currently approved through January 31, 2025.
Before submitting the ICR to OMB for review and approval under the PRA,
EPA is soliciting
[[Page 29324]]
comments on specific aspects of the information collection that is
summarized in this document. The ICR and accompanying material are
available in the docket for public review and comment.
DATES: Comments must be received on or before June 21, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2024-0023, through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Additional instructions on commenting or visiting the
docket, along with more information about dockets generally, is
available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Carolyn Siu, Mission Support Division
(7602M), Office of Program Support, Office of Chemical Safety and
Pollution Prevention, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(703) 719-1649; email address: <a href="/cdn-cgi/l/email-protection#57243e2279343625383b2e391732273679303821"><span class="__cf_email__" data-cfemail="2f5c465a014c4e5d404356416f4a5f4e01484059">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. What information is EPA particularly interested in?
Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
3. Enhance the quality, utility, and clarity of the information to
be collected.
4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.
II. What information collection activity or ICR does this action apply
to?
Title: Standards for Pesticide Containers and Containment.
EPA ICR No.: 1632.07.
OMB Control No.: 2070-0133.
ICR status: This ICR is currently approved through January 31,
2025. Under the PRA, 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 Code of Federal Regulations
(CFR), after appearing in the Federal Register when approved, 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 for certain EPA
regulations is consolidated in 40 CFR part 9.
Abstract: This ICR covers the information collection activities
associated with the pesticide 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 and made available to
inspectors to ensure that businesses are in compliance with containment
requirements. These inspections are generally conducted by the states,
which 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 7.5
hours per response for container regulations and 4 hours per response
for containment regulations. Burden is defined in 5 CFR 1320.3(b).
The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
Respondents/affected entities: Entities potentially affected are
those that are part of the regulated community affected by the
container design and residue removal regulations which includes
businesses that formulate pesticide products or repackage pesticide
products into refillable containers. The ICR includes a list of
potentially affected entities with North American Industrial
Classification System (NAICS) codes provided to assist in determining
potential applicability.
Respondent's obligation to respond: Mandatory under sections 3, 8,
19 and 25 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA)(7 U.S.C. 136f, 136q, and 136w).
Forms: None.
Frequency of response: Occasional.
Total estimated number of potential respondents: 23,586.
Total estimated average number of responses for each respondent: 1.
Total estimated annual burden hours: 180,763 hours.
Total estimated annual costs: $10,864,043. This includes total
burden costs of $10,444,168 and $419,875 of capital investment or
maintenance and operational costs.
III. Are there changes in the estimates from the last approval?
There is no change in the number of burden hours as there are no
programmatic updates to changes identified in the ICR currently
approved by OMB. The change in costs for the regulated community are
$1,410,512. The change is costs are based on BLS wage rate adjustments.
There is also an increase in capital costs of $83,975 due to an
increase in costs for agricultural
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pesticide refiller. These changes qualify as adjustments.
In addition, OMB requested that EPA replace the format the Agency
has historically used for ICR Supporting Statements with the 18-
question format that is used by other federal agencies and departments.
The 18-question format is based on the submission instructions to
agencies that appear on the OMB submission form. Although this
supporting statement has been modified to reflect the 18-question
format, the change in format did not change the information collection
activities or related estimated burden and costs. EPA welcomes your
feedback on whether this improves the presentation of the information
collection activities and related burden and costs estimates.
IV. What is the next step in the process for this ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Authority: 44 U.S.C. 3501 et seq.
Dated: April 17, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2024-08555 Filed 4-19-24; 8:45 am]
BILLING CODE 6560-50-P
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