DRAFT
August
20,
2004
1
SUPPORTING
STATEMENT
FOR
AN
INFORMATION
COLLECTION
REQUEST
(
ICR)

1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection:

Worker
Protection
Standard
Training
and
Notification
OMB
No.:
2070­
0148;
EPA
No.:
1759.04
1(
b).
Short
Characterization/
Abstract:

The
Environmental
Protection
Agency
(
EPA,
or
the
Agency)
is
responsible
for
the
regulation
of
pesticides
under
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA).
The
Worker
Protection
Standard
(
WPS),
codified
at
40
CFR
Part
170,
established
requirements
to
protect
agricultural
workers
and
pesticide
handlers
from
hazards
of
pesticides
used
on
farms,
on
forests,
in
nurseries
and
in
greenhouses.
40
CFR
Part
170
contains
the
standard
and
workplace
practices,
which
are
designed
to
reduce
or
eliminate
exposure
to
pesticides
and
establish
procedures
for
responding
to
exposure­
related
emergencies.
The
practices
include
prohibitions
against
applying
pesticides
in
a
way
that
would
cause
exposure
to
workers
and
others;
a
waiting
period
before
workers
can
return
to
areas
treated
with
pesticides
(
restricted
entry
interval);
basic
safety
training
(
and
voluntary
training
verification)
and
posting
of
information
about
pesticide
hazards,
as
well
as
pesticide
application
information;
arrangements
for
the
supply
of
soap,
water,
and
towels
in
case
of
pesticide
exposure;
and
provisions
for
emergency
assistance.
The
training
verification
program
facilitates
compliance
with
the
training
requirements
by
providing
a
voluntary
method
for
employers
to
verify
that
the
required
safety
information
has
been
provided
to
workers
and
handlers.

This
renewal
ICR
estimates
the
third
party
response
burden
from
complying
with
the
Worker
Protection
Standard
requirements.
Information
is
exchanged
between
agricultural
employers
and
employees
at
farm,
forest,
nursery
and
greenhouse
establishments
to
ensure
worker
safety.
No
information
is
collected
by
the
Agency
under
this
ICR.
It
is
estimated
that
the
response
burden
is
approximately
2.3
million
hours
valued
at
$
117.4
million.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a).
Need/
Authority
for
the
Collection
In
accordance
with
FIFRA
Section
25,
the
Agency
issued
final
regulations
on
August
21,
1992,
revising
the
WPS
at
40
CFR
170.
The
WPS
at
40
CFR
Part
170
is
designed
to
reduce
the
risks
of
illness
or
injury
resulting
from
workers'
and
handlers'
occupational
exposure
to
pesticides
used
in
the
production
of
agricultural
plants
on
farms
or
in
nurseries,
greenhouses,
and
forests
and
also
from
the
accidental
exposure
of
workers
and
other
persons
to
such
pesticides.
It
Draft
August
20,
2004
2
requires
workplace
practices
designed
to
reduce
or
eliminate
exposure
to
pesticides
and
establishes
procedures
for
responding
to
exposure­
related
emergencies.
The
notification
and
training
requirements
are
necessary
to
provide
agricultural
workers
and
pesticide
handlers
with
the
information
they
need
to
protect
themselves
from
pesticide
poisoning
and
other
injuries.

2(
b).
Practical
Utility/
Users
of
the
Data
Basic
pesticide
safety
information/
training,
instructions
on
safe
operations
and
repair
of
equipment,
and
notification
regarding
use
of
specific
pesticides,
and
the
applicability
of
exceptions/
exemptions
to
WPS
reentry
restrictions
provide
agricultural
workers,
pesticide
handlers,
agricultural
employers,
and
medical
personnel
with
basic
information
so
they
are
able
to
take
precautionary
or
responsive
measures,
as
appropriate.
This
training
and
notification
are
targeted
to
agricultural
workers
who
perform
tasks
related
to
the
cultivation
and
harvesting
of
plants
in
areas
treated
with
pesticides,
and
pesticide
handlers
who
mix,
load,
and
apply
pesticides
for
use
in
these
areas.

Training
verification
certificates
have
been
produced
by
the
Agency
for
authorized
trainers
to
issue
to
workers
and
handlers
once
they
have
completed
the
WPS
training
requirements.
The
EPA
training
verification
program
is
a
voluntary
program
and
the
issuance
of
the
training
verification
cards
is
not
a
WPS
requirement.
However,
agricultural
employers
are
relieved
of
the
responsibility
of
safety
training
if
their
agricultural
workers
and
pesticide
handlers
possess
valid
EPA
training
verification
cards.
Participating
States
issue
the
cards
to
qualified
training
providers
within
the
State.
The
program
is
intended
to
assist
in
substantiating
WPS
pesticide
safety
training,
minimize
the
need
for
retraining
(
given
the
migrant
nature
of
much
of
the
workforce),
offer
an
uncomplicated
system
for
verifying
training,
provide
a
means
for
training
quality
control,
and
allow
states
flexibility
in
administering
the
program.

NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
duplication
Not
applicable.
This
is
the
only
notification
activity
of
its
kind
and
notifications
required
in
this
program
are
required
only
once
per
event.
Consequently,
the
possibility
for
duplication
does
not
exist.
The
training
provision
provides
for
an
exemption
for
certified
applicators
of
restricted­
use
pesticides
under
the
Certification
and
Training
Program
found
in
40
CFR
Part
171.
Therefore,
no
duplication
of
training
is
imposed.
Additionally,
the
WPS
training
verification
program
was
explicitly
developed
to
eliminate
duplication
of
training.

3(
b­
c)
Public
Notice
and
Consultations
Required
Prior
to
ICR
Submission
to
OMB
The
regulations
under
40
Code
of
Federal
Regulations,
Part
170
(
40
CFR
170)
were
published
in
the
Federal
Register
in
1992,
with
minor
modifications
since
that
time.
All
sections
of
the
regulations
provided
a
comment
period
for
interested
parties
prior
to
promulgation.
Continuous
consultation
and/
or
dialogue
between
respondents
and
the
Agency
occurs
on
an
informal,
on­
going
"
as
needed"
basis,
primarily
during
the
submission
and
review
of
reports.
DRAFT
August
20,
2004
3
In
proposing
to
renew
this
ICR,
EPA
is
providing
a
60­
day
notice
and
comment
period
that
will
end
on
***(
date)***.
This
will
allow
the
public
to
comment
on
the
types
and
amount
of
burden
estimated.

3(
d)
Effects
of
Less
Frequent
Collection
Not
applicable.
This
is
the
only
notification
activity
of
its
kind
and
training/
notifications
required
in
this
program
are
required
only
once
per
event.
Consequently,
the
possibility
for
less
frequent
training/
notification
does
not
exist
without
increased
risk.

3(
e)
General
Guidelines
Only
two
of
the
general
guidelines
of
the
Paperwork
Reduction
Act
(
PRA)
are
not
met
by
this
ICR.

The
information
that
is
required
to
be
provided
by
employers
to
workers
and
handlers
is
generally
information
that
is
not
maintained
at
all
by
the
employer
(
e.
g.,
safety
information,
training
materials,
and
signs
for
posting)
and
must
be
developed.
However,
some
of
the
information
may
customarily
be
maintained,
but
in
a
different
format
than
is
required
by
the
rule.
Specifically,
the
application
information
that
is
required
to
be
centrally
posted
may
be
maintained
by
the
employer
in
various
other
forms,
such
as
bills,
receipts
for
pesticides
purchased,
or
service
contracts
for
individual
applications
by
commercial
applicators.
Location
information
may
be
maintained
in
the
form
of
field
maps.
The
WPS
requires
that
certain
information
about
each
application
be
centrally
posted,
including
the
location
of
the
application,
information
about
the
pesticide,
date
and
time
of
application
and
restricted
entry
interval,
but
the
format
of
such
information
posting
is
left
to
the
individual
employer.

Small
entities
are
required
to
follow
the
same
requirements
as
larger
establishments
under
the
WPS,
unless
exempted
as
a
solely
family­
operated
establishment.
The
protections
of
the
WPS
depend
upon
workers
receiving
the
various
training
and
notifications
contained
in
the
rule.
These
cannot
be
reduced
for
small
establishments
without
seriously
compromising
the
protections
offered
to
workers
and
handlers.

3(
f)
Confidentiality
Not
applicable.
The
Agency
is
not
collecting
information
in
conjunction
with
this
activity.
Further,
this
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
DRAFT
August
20,
2004
4
Respondents
affected
by
the
collection
activities
under
this
ICR
are
agricultural
employers,
including
employers
in
farms
as
well
as
nursery,
forestry,
and
greenhouse
establishments.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
assigned
to
the
parties
responding
to
this
information
are
as
follows:

NAICS
Code
Examples
of
Potentially
Affected
Entities
111
Crop
production
Agricultural
employers
­
farms
115
Support
activities
for
agriculture
and
forestry
Agricultural
employers
­
greenhouses
and
forestry
4(
b).
Information
Requested
(
i)
Data
items,
including
recordkeeping
requirements
(
1).
Central
Information:

Safety
Poster.
The
agricultural
employer
must
display
pesticide
safety
information
in
a
central
location
on
the
agricultural
establishment,
providing
pesticide
safety
concepts
and
emergency
medical
care
information.
EPA
supported
the
development
of
posters
which
are
readily
available
at
no
cost
from
EPA
or
at
a
very
low
cost
from
commercial
supply
(
at
$
2.50
each).
Employers
need
only
add
the
name
of
the
nearest
medical
care
facility
and
post
the
poster
in
a
central
location.
Employers
are
not
obligated
to
use
the
EPA­
developed
poster
and
may
create
their
own
so
long
as
the
ten
basic
points
described
in
40
CFR
170.135(
b)
are
included.

Treatment­
Specific
Information.
The
agricultural
employer
must
display
at
a
central
location
the
following:
the
location
and
description
of
a
treated
area;
the
product
name,
EPA
registration
number,
and
active
ingredient(
s)
of
the
pesticide;
the
time
and
date
of
application;
and
the
restricted­
entry
interval
for
each
pesticide
application,
if
workers
will
be
on
the
establishment
within
a
specified
time
period
during
or
following
application.

(
2).
Training:

Basic
Pesticide
Safety
Information.
The
agricultural
employer
must
assure
that
each
agricultural
worker
who
has
not
received
the
complete
pesticide
safety
training
is
provided
basic
pesticide
information
specified
in
40
CFR
170.130(
a)(
3)
in
a
manner
the
worker
can
understand.

Agricultural
Worker
Training.
The
agricultural
employer
must
assure
that
each
DRAFT
August
20,
2004
5
agricultural
worker
is
trained
in
pesticide
safety
in
a
manner
that
the
worker
can
understand
within
5
days
of
employment
on
the
establishment,
or
before
workers
enter
treated
areas
to
perform
early­
entry
activities.
The
person
who
conducts
the
training
must
meet
the
criteria
described
in
40
CFR
170.130(
c)(
2)
and
the
training
must
cover
the
eleven
points
described
in
40
CFR
170.130(
c)(
3).

Pesticide
Handler
Training.
The
handler
employer
must
assure
that
each
pesticide
handler
is
trained
in
pesticide
safety,
covering
the
13
points
described
in
40
CFR
170.230(
c)
before
they
perform
any
handling
task.

EPA
supported
the
development
of
pesticide
safety
training
materials
for
agricultural
workers,
pesticide
handlers,
and
trainers
for
both
groups
of
employees.
Through
the
cooperation
of
the
pesticide
chemical
industry,
state
agencies,
and
others,
the
materials
were
produced
in
large
volume
and
distributed
for
no
cost.
Additional
materials
are
commercially
available
for
minimal
cost
(
training
handbooks
available
at
$
1.00
or
less,
trainer
notebooks
available
at
$
3.50,
and
a
reference
guide
is
available
at
$
3.50
each).
Additionally,
the
Agency
has
supported
training
efforts
conducted
by
national
farmworker
organizations
across
the
country,
focusing
on
entry
points
and
key
paths
for
the
migrant
farmworker
workforce.

(
3).
Training
Verification:

The
EPA
training
verification
program
is
a
voluntary
program
and
is
intended
to
relieve
agricultural
employers
of
the
burden
of
repeat
training
of
individuals
in
a
mobile
work
force.
Employers
are
relieved
of
the
responsibility
of
safety
training
if
their
agricultural
workers
and
pesticide
handlers
possess
valid
EPA
training
verification
cards.
States
that
agree
to
participate
in
EPA's
voluntary
training
verification
program
submit
an
agreement
form
to
EPA
indicating
the
name
of
a
State
WPS
contact
and
the
number
of
training
verification
cards
that
they
wish
to
receive
from
EPA.
This
is
a
one
time
filing.
Participating
States
will
issue
EPA
training
verification
cards
to
qualified
training
providers
within
the
State.
As
a
condition
for
being
allowed
to
provide
cards
to
workers
and
handlers,
trainers
are
asked
to
keep
class
rosters
of
the
names
of
those
they
have
trained.

(
4).
Treatment
Specific
Worker/
Handler
Notice:

Oral
Notification
and/
or
posting
warning
signs.
Whenever
specified
on
the
pesticide
label,
the
employer
must
notify
workers
who
come
within
1/
4
mile
of
a
treated
area
within
a
specified
time
period
of
any
pesticide
application.
Notification
may
be
either
by
posting
a
warning
sign
or
by
providing
information
orally,
unless
the
pesticide
label
requires
both
posting
and
oral
notification.
The
oral
notification
must
be
in
a
manner
that
the
worker
can
understand,
and
include
the
location
and
description
of
the
treated
area,
the
time
during
which
entry
is
restricted,
and
instructions
not
to
enter
the
treated
area
until
the
restricted­
entry
interval
has
expired.

Required
specifications
for
the
warning
signs
are
contained
in
the
40
CFR
170.120(
c).
Signs
are
commercially
available
for
just
under
$
2.00
each.
DRAFT
August
20,
2004
6
(
5).
Handler
and
Emergency
Information:

Handler
Notice
to
Employer.
Before
the
application
of
any
pesticide
on
or
in
an
agricultural
establishment,
the
handler
employer
shall
provide
or
assure
the
agricultural
employer
for
the
establishment
is
aware
of
the
specific
location
and
description
of
the
treated
area;
the
time
and
date
of
application;
the
product
name,
EPA
registration
number,
and
active
ingredient(
s);
the
restricted­
entry
interval;
and
whether
posting
and
oral
notification
are
required.

Safe
Operation
and
Repair.
The
handler
employer
must
assure
that
before
the
handler
uses
any
equipment
for
mixing,
loading,
transferring,
or
applying
pesticides,
the
handler
is
instructed
in
the
safe
operation
of
the
equipment.

Emergency
Information.
If
the
employer
has
reason
to
believe
that
a
person
who
is
or
has
been
employed
by
an
agricultural
establishment
or
a
commercial
pesticide
handling
establishment
to
perform
pesticide
handling
tasks
has
been
poisoned
or
injured
by
exposure
to
pesticides
as
a
result
of
that
employment,
the
employer
must
provide
that
person
or
treating
medical
personnel
information
about
the
pesticide,
the
antidote
and
first
aid
information
from
the
product
label,
the
circumstances
of
handling
the
pesticide,
and
the
circumstances
of
exposure
to
the
pesticide.

(
6).
Use
of
Exceptions/
Exemptions
Notice:

Use
of
Exceptions/
Exemptions
Notice.
Employers
must
notify
workers,
either
in
writing
or
orally,
in
a
language
the
worker
understands,
if
the
establishment
is
operating
under
conditions
of
an
EPA­
approved
exception/
exemption
to
the
early
entry
provisions
of
the
WPS.
The
exceptions/
exemptions
are
intended
to
provide
flexibility,
if
needed,
to
growers
to
conduct
certain
otherwise
prohibited
activity
during
a
time
period
when
exposure
to
pesticide
residues
is
of
concern.

There
are
currently
two
nationwide
exceptions
and
one
exemption
for
which
third
party
notification
would
be
required.
They
include
some
circumstances
for
conducting
irrigation
activities,
some
circumstances
for
conducting
activities
which
result
in
limited
contact
with
pesticide
treated
surfaces,
and
some
circumstances
for
conducting
crop
advising
activities,
all
during
a
restricted
entry
interval
following
pesticide
application.

(
ii)
Respondent
Activities
In
assuring
that
training
is
provided
to
their
workers
and
handlers
and
providing
WPS
notifications,
agricultural
employers
generally
engage
in
the
following
activities:
DRAFT
August
20,
2004
7
Learn
rule
requirements
Read
WPS,
40
CFR
Part
170,
and
read
specific
pesticide
labels.
Acquire
poster
and
warning
sign
Create
own
pesticide
safety
poster
and
warning
sign,
obtain
poster
and
signs
free
if
available
from
EPA
and
States,
or
purchase
for
low
cost
from
commercial
supply.
Fill
in
medical
information
on
safety
poster
and
post
specific
application
information
Fill
in
the
name
of
the
nearest
medical
care
facility
on
the
centrallydisplayed
pesticide
safety
poster;
record
the
location
and
description
of
the
treated
area,
the
product
name,
and
active
ingredient(
s)
of
the
pesticide,
the
time
and
date
the
pesticide
is
to
be
applied,
and
the
restricted­
entry
interval
for
the
pesticide
at
a
central
location
for
each
pesticide
application.
Post
notices
or
provide
oral
notification
Post
the
basic
pesticide
safety
poster
at
a
central
location;
post
warning
signs
at
usual
points
of
entry
or
in
corners
of
the
treated
area
for
each
application
or
provide
oral
notification
to
workers
Arrange
for
training
of
workers
and
pesticide
handlers
Become
an
authorized
WPS
trainer
or
arrange
for
State
personnel
or
other
qualified
trainer
to
train
workforce;
arrange
for
training
all
new
employees
within
5
days
of
their
employment.
Issue
and
review
training
verification
cards
Obtain
verification
cards
and
issue
to
workers
or
handlers
after
training
is
completed
or
arrange
for
an
authorized
WPS
trainer
to
provide
verification
cards.
Provide
treatment
information
to
employers,
handlers
and
medical
personnel
For
pesticide
treatments
performed
for
hire,
notify
the
ag
employer
of
the
specifics
of
the
treatment
(
time,
product
used,
REI's,
etc.)
and
ensure
that
handlers
have
label
information
available
during
application.
If
a
medical
emergency
exists,
provide
medical
personnel
with
specific
information
from
the
pesticide
label
and
the
circumstances
of
application.
Notify
workers
and
handlers
of
terms
of
exceptions/
exemptions
allowing
for
tasks
to
be
performed
in
treated
areas
When
using
WPS
exceptions
or
exemptions,
the
ag
employer
must
explain
the
exception
to
the
workers
and
handlers.

THE
INFORMATION
COLLECTED
 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
Not
applicable.
This
ICR
involves
activities
conducted
by
third
parties.
EPA
does
not
conduct
any
activities
under
this
ICR.
Participating
States
are
responsible
for
implementing
voluntary
training
verification
programs.

5(
b)
Collection
Methodology
and
Management
DRAFT
August
20,
2004
8
Not
applicable.
This
ICR
involves
activities
conducted
by
third
parties.
EPA
does
not
conduct
any
activities
under
this
ICR.
Participating
States
are
responsible
for
implementing
voluntary
training
verification
programs.

5(
c)
Small
Entity
Flexibility
The
protections
of
the
WPS
depend
upon
workers
receiving
the
various
training
and
notifications
contained
in
the
rule.
These
cannot
be
reduced
for
small
establishments
without
seriously
compromising
the
protections
offered
to
workers
and
handlers.
As
such,
small
entities
are
required
to
follow
the
same
requirements
as
larger
establishments
under
the
WPS,
unless
exempted
as
a
solely
family­
operated
establishment
under
40
CFR
170.204(
a).
Under
this
exemption,
the
owner
of
an
agricultural
establishment
is
not
required
to
provide
certain
protections
to
himself
or
members
of
his
immediate
family
who
are
performing
handling
tasks
on
their
own
agricultural
establishment.

5(
d)
Collection
Schedule
Not
applicable.
This
ICR
involves
activities
conducted
by
third
parties.
EPA
does
not
conduct
any
activities
under
this
ICR.
Participating
States
are
responsible
for
implementing
voluntary
training
verification
programs.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
The
attached
table
lists
the
estimated
burden
hours
and
cost
associated
with
training
and
information
exchanges
required
by
the
Worker
Protection
Standard.
The
estimates
are
based
on
the
agricultural
establishment
figures
and
the
agricultural
employment
figures
used
in
the
regulation's
regulatory
impact
analysis,
as
well
as
information
obtained
by
the
Agency
during
the
implementation
of
the
WPS
and
from
contacts
at
the
state
level
and
within
the
US
Department
of
Agriculture
(
USDA).

6(
a).
Estimating
Respondent
Burden
The
estimated
burden
and
cost
to
farmers
for
the
time
taken
to
train
workers
is
based
on
the
Agency's
experience
obtained
during
the
implementation
of
the
WPS,
as
well
as
from
additional
information
provided
by
personnel
from
the
USDA
and
state
agricultural
agencies.

The
number
of
events
is
based
on
either
the
number
of
agricultural
establishments
or
individuals
involved,
or
a
multiple
of
this
number
based
on
the
estimated
number
of
occurrences
per
year.
The
time
for
each
event
is
based
on
field
experience
in
accomplishing
such
events.
The
overall
estimate
is
for
a
typical
year
of
full
implementation.
The
burden
for
a
number
of
categories
have
significantly
decreased
after
the
first
year
of
implementation,
because
the
training
is
required
only
once
every
five
years.
As
such,
the
farmer
conducts
annual
training
only
for
those
employees
who
have
not
received
any
training,
or
who
received
the
training
five
or
more
years
ago.
Table
1­
Total
Annual
Burden
and
Cost
Estimates
9
Activity
Total
No.
Per
Event
Average
TOTALS1
People/
Events
Grower
($
58/
hr)
2
Worker
($
18/
hr.)
Total
per
Event
Burden
Cost
Burden
Cost
Burden
Cost
Burden
Cost
(
minutes)
($)
(
minutes)
($)
(
minutes)
($)
(
hours)
($)

New
Entrant
Rule
Familiarization
50,000
30
29.00
0
0.00
30.00
29.00
25,000
1,450,000
1)
Poster
100,000
10
9.67
0
0.00
10.00
9.67
16,667
966,667
Central
Notification
3,245,393
10
9.67
0
0.00
10.00
9.67
540,899
31,372,132
2)
Oral
Notifications
7,737,285
5
4.83
0
0.00
5.00
4.83
644,774
37,396,878
Posted
Notifications
724,009
8
7.73
0
0.00
8.00
7.73
96,535
5,599,003
3)
Basic
Safety
Info.
Conveyance
169,000
2
1.93
0
0.00
2.00
1.93
5,633
326,733
Worker
Training
339,000
20
19.33
20
6.00
40.00
25.33
226,000
8,588,000
Handler
Training
185,000
25
24.17
20
6.00
45.00
30.17
138,750
5,580,833
4)
Gather
Information
35,733
5
4.83
0
0.00
5.00
4.83
2,978
172,710
File
or
Disclose
Information
35,733
3
2.90
0
0.00
3.00
2.90
1,787
103,626
5)
Handler
Notice
of
Ag.
Employer
&
Labeling
Info.
1,875,705
10
9.67
5
1.50
15.00
11.17
468,926
20,945,373
Safe
Operation
and
Repair
185,000
10
9.67
10
3.00
20.00
12.67
61,667
2,343,333
Provide
Emergency
Info.
On
Pesticide
Treatments
52,400
20
19.33
10
3.00
30.00
22.33
26,200
1,170,267
Irrigation
Exception
195,300
2.5
2.42
2.5
0.75
5.00
3.17
16,275
618,450
Limited
Contact
Exception
195,300
2.5
2.42
2.5
0.75
5.00
3.17
16,275
618,450
Crop
Advisor
Exemption
10,000
15
14.50
15
4.50
30.00
19.00
5,000
190,000
TOTALS
2,293,364
117,442,454
1Totals
were
determined
as
follows:
Total
Burden
Hours:
(
total
#
events
x
burden
minutes)

60.
Total
Costs:
(
total
#
events
x
total
per
events
costs)

2
Based
on
the
Regulatory
Impact
Analysis
of
the
Worker
Protection
Standards
Final
Rule
(
1992),
the
loaded
rate
for
grower
costs
varies
from
$
10
to
$
85,
based
on
size,
farm
vs.
greenhouse/
nursery,

number
of
employees,
number
of
acres,
crop
grown,
etc 
Since
a
majority
of
these
growers
are
small,
we
used
the
lower
end
of
the
range.
EPA
use
$
58
as
the
average
annual
hourly
rate
for
grower
costs.
This
is
an
increase
of
about
20%
from
the
growers
burden
rate
of
$
48
from
the
previous
ICR
to
account
for
inflation.
DRAFT
August
20,
2004
10
Central
Information.
It
is
assumed
that
there
will
be
one
centrally
posted
notice
per
pesticide
treatment
per
establishment
that
hires
labor.
It
is
also
assumed
that
it
will
take
an
average
of
ten
minutes
for
employers
to
post
the
notice
and
employees
to
read
the
information.

Annual
notifications
equal
the
number
of
establishments
(
309,100)
multiplied
by
the
average
number
of
pesticide
treatments
(
approximately
3.5)
per
establishment.
The
average
number
of
3.5
pesticide
treatments
is
a
good
proxy
only
if
each
time
a
grower
applied
a
pesticide
he
treated
his
entire
acreage
that
normally
is
treated
in
a
year.
This
is
not
always
the
case
since
many
grow
multiple
crops,
and
even
within
a
single
crop
a
farmer
may
not
treat
all
acres
the
same,
or
not
all
at
once.
A
correction
for
this
is
to
multiply
the
average
number
of
pesticide
treatments
by
an
assumed
factor
of
3
(
EPA
estimate
based
on
general
knowledge)
to
equal
an
average
of
approximately
10.5
pesticide
treatments
per
establishment,
and
accordingly,
an
estimated
3,245,393
central
notification
events.

Worker
and
Handler
Notification.
It
is
assumed
that:
employers
may
orally
notify
workers
of
pesticide
treatments
or
post
treated
areas
(
except
for
pesticides
which
are
Toxicology
Category
I
for
dermal
or
eye,
which
require
both);
greenhouses
will
always
post
treated
areas,
and
all
others
will
always
orally
notify
workers;
one
oral
notification
is
necessary
for
each
pesticide
treatment
when
workers
will
be
within
1/
4
mile
of
the
treated
area
during
the
restricted
entry
interval
(
REI);
oral
notification
takes
five
minutes.

For
all
establishments
other
than
greenhouses,
each
pesticide
treatment
would
have
an
oral
notification,
whenever
workers
are
within
1/
4
mile
during
the
REI.
Therefore
multiply
the
average
number
of
pesticide
treatments
per
establishment
per
year
(
10.5)
by
the
average
percent
probability
that
workers
will
be
within
1/
4
mile
of
the
treated
area
during
the
REI
(
50%),
and
multiply
by
the
number
of
establishments
which
hire
labor
and
use
pesticides
(
309,085).

For
greenhouses
(
11,350),
only
pesticide
treatments
which
are
Toxicology
Category
I
for
dermal
or
eye
will
receive
oral
notification.
An
average
of
50
treatments
are
made
per
greenhouse
establishment
per
year.
The
percent
of
treatments
in
greenhouses
which
are
Toxicology
Category
I
for
dermal
or
eye
is
5%.

Training
Verification.
Upon
the
completion
of
the
training,
the
WPS
provides
for
the
issuance
of
"
EPA­
approved
Worker
Protection
Standard
training
certificates"
to
workers
and
handlers
to
allow
employers
to
verify
that
workers
and
handlers
have
received
WPS
safety
training.
The
EPA
Training
Verification
Program
is
a
voluntary
program
and
the
issuance
of
the
training
verification
cards
is
not
a
WPS
requirement.
However,
agricultural
employers
are
relieved
of
the
responsibility
of
safety
training
if
their
agricultural
workers
and
pesticide
handlers
possess
valid
EPA
training
verification
cards.
Participating
States
will
issue
the
cards
to
qualified
training
providers
within
the
State.
The
program
is
intended
to
assist
in
substantiating
WPS
pesticide
safety
training,
minimize
the
need
for
retraining
(
given
the
migrant
nature
of
much
of
the
workforce),
offer
an
uncomplicated
system
for
verifying
training,
provide
a
means
for
training
quality
control,
and
allow
states
flexibility
in
administering
the
program.
The
initial
burden
for
training
verification
(
24,990
burden
hours)
was
covered
under
OMB
No.
2070­
0060
ICR.
The
verification
activity
has
tapered
off
to
a
much
lower
total
annual
burden
of
4,765
DRAFT
August
20,
2004
11
burden
hours
and
is
covered
in
this
ICR.

Irrigation
and
Limited
Contact
Exception.
There
are
279,359
farms
with
irrigation
in
the
United
States
(
1992
Census).
The
average
annual
pesticide
application
is
estimated
to
be
3.5
for
irrigated
acres.
It
is
assumed
to
take
about
2.5
minutes
to
supply
the
information
to
the
irrigation
workers.
It
is
further
assumed
that
20
percent
of
the
pesticide
treatments
would
require
the
application
of
irrigation
exception.
The
same
working
assumptions
have
been
applied
to
the
limited
contact
exception.

Handler
and
Emergency
Information.
Using
the
estimates
for
worker
and
handler
notification
and
training,
the
number
of
events
for
handler
initiated
notifications
and
the
number
of
handler
sessions
on
safe
equipment
operations
was
estimated.
It
was
assumed
that
each
commercial
application
would
trigger
a
handler
notification
to
the
ag
employer
and
that
the
same
number
of
handlers
would
need
instruction
in
safe
equipment
operation
as
would
need
the
pesticide
safety
training.

It
was
also
assumed
that
one
percent
of
workers
and
handlers
trained
in
any
given
year
would
require
medical
attention
and
request
pesticide
specific
emergency
information
be
provided
to
medical
personnel.
These
workers
and
handlers
are
the
most
likely
to
be
entering
treated
areas
during
the
course
of
their
employment.

6(
b)
Estimating
Respondent
Costs
According
to
OMB
guidance,
the
costs
associated
with
this
type
of
burden
should
be
represented
by
a
labor
rate,
which
consists
of
an
estimated
hourly
wage
rate
and
any
estimated
overhead
expenses,
e.
g.,
facility
expenses,
capital
expenditures,
employee
benefits,
employment
taxes,
social
security
expenses,
insurance
expenses,
and
any
other
employment
related
expense.
The
Agency
has
assumed
a
loaded
labor
rate
of
$
18.00
per
hour
for
agricultural
workers.
The
Agency
has
updated
the
labor
cost
from
the
previous
ICR
using
the
Department
of
Labor
inflation
multiplier.
Because
the
training
only
uses
a
maximum
of
one
half
hour
for
each
agricultural
worker,
the
farmer's
cost
associated
with
the
worker's
time
used
for
training
is
estimated
to
be
$
9.00
per
worker
($
18.00
÷
½
hour).

Based
on
the
economic
analysis
that
was
prepared
for
the
WPS,
the
cost
for
growers
can
vary
significantly
from
approximately
$
10
to
$
85,
based
on
such
factors
as
their
size,
whether
they
are
a
farm
or
greenhouse/
nursery,
the
number
of
employees,
the
number
of
acres,
the
crop
grown,
etc.
The
majority
of
these
growers
are
relatively
small,
so
the
costs
fall
closer
to
the
lower
end
of
this
cost
range.
For
calculating
the
rate
to
use
for
grower
costs,
EPA
used
$
48
as
the
hourly
rate
for
grower
costs
in
the
last
ICR.
For
purposes
of
this
ICR
update,
EPA
has
increased
the
grower
rate
by
the
same
percentage
as
the
worker
wage
rate
increase
over
that
assumed
in
the
last
ICR,
or
about
20%.
Thus,
EPA
has
used
$
58
for
the
hourly
rate
for
grower
costs
in
2004.

6(
c).
Estimating
Agency
Burden
and
Cost
Not
applicable.
This
ICR
involves
activities
conducted
by
third
parties.
EPA
does
not
DRAFT
August
20,
2004
12
conduct
any
activities
under
this
ICR.
Participating
States
are
responsible
for
implementing
voluntary
training
verification
programs.
As
such,
EPA
incur
any
burden
or
cost
under
this
ICR.

6(
d)
Estimating
Respondent
Universe
and
Total
Burden
and
Cost
There
are
approximately
309,100
agricultural
establishments
in
the
U.
S.
and
3
million
to
4
million
farm
workers.
The
burden
estimates
were
developed
on
a
per
event
basis,
then
aggregated
using
estimates
of
the
number
of
events.
Those
estimates
and
assumptions
were
discussed
in
section
6(
a)
and
are
presented
in
Table
1
­
Total
Annual
Burden
and
Cost
Estimates.
It
is
estimated
that
the
total
annual
burden
is
2,293,364
hours
at
a
total
cost
of
$
117,442,454.

6(
e).
Bottom
Line
Burden
Hours
And
Cost
Tables
Master
Table
­­
Bottom
Line
Estimated
Burden
Hours
And
Costs
Hours
Costs
Respondents
2,293,364
$
117,442,454
Agency
n/
a
n/
a
6(
f).
Reasons
For
Changes
In
Burden
This
ICR
will
decrease
the
burden
in
the
previous
ICR
(
an
estimated
total
of
2,294,625
hours)
by
1261
hours
to
provide
the
new
total
estimated
burden
of
2,293,364
hours.
This
decrease
represents
an
adjustment
to
the
burden
estimate,
and
is
due
to
the
removal
of
the
cut
rose
exception
from
the
burden
estimate.

The
cost
estimates
provided
in
this
ICR
are
approximately
$
22.3
million
more
than
the
cost
provided
in
the
previous
ICR
due
to
increased
wage
rates
used
for
calculating
the
costs
associated
with
the
burden
hour
impacts.

6(
g).
Burden
Statement
The
total
annual
respondent
burden
for
providing
the
notifications
associated
with
the
Pesticides
Worker
Protection
Standards
as
a
whole
is
estimated
to
be
2,293,364
hours,
with
incremental
activity
burdens
ranging
from
2
minutes
per
respondent
to
provide
initial
basic
safety
information
and
45
minutes
per
respondent
for
handler
training.
This
total
estimate
includes
the
third
party
WPS
training
and
notification
requirements
such
as
the
provisions
requiring
employers
to
provide
employees
with
pesticide­
specific
treatment
(
application)
information
in
the
form
of
oral
or
written
notification,
provisions
requiring
that
employers
assure
that
employees
receive
basic
pesticide
safety
information
or
training,
a
voluntary
program
to
verify
training
and
relief
duplication
of
training,
provisions
requiring
handler
notification
to
employers
regarding
pesticide
treatments
(
applications)
and
provision
for
emergency
information
on
pesticide
treatments,
and
provisions
requiring
employers
to
notify
employees
when
an
exception/
exemption
to
the
WPS
is
being
implemented.
DRAFT
August
20,
2004
13
Send
comments
regarding
burden
estimate
or
any
other
aspect
of
this
collection
of
information,
including
suggestions
for
reducing
the
burden,
to:
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
1200
Pennsylvania
Avenue,
N.
W.,
Washington,
D.
C.
20460.
Include
the
OMB
control
number
in
any
correspondence,
but
do
not
submit
the
requested
information
or
forms
to
this
address.
The
requested
information
should
be
submitted
in
accordance
with
the
instructions
in
the
Federal
Register
Notice
seeking
comment
on
this
ICR.
Please
reference
this
document
by
the
OMB
Control
No.
2070­
0148
in
all
correspondence.
