SUPPORTING STATEMENT

FOR AN INFORMATION COLLECTION REQUEST (ICR)

IDENTIFICATION OF THE INFORMATION COLLECTION 

1(a). 	Title of the Information Collection

Worker Protection Standard Training and Notification 

OMB No.: 2070-0148; EPA No.: 1759.05 

1(b).	Short Characterization/Abstract

This information collection request (ICR) estimates the third party
response burden of paperwork activities under the Worker Protection
Standard (WPS) requirements, codified at 40 Code of Federal Regulations
(CFR) Part 170. The Environmental Protection Agency (EPA, or the Agency)
is responsible for the regulation of pesticides under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA).  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.

The regulations contain the standard and workplace practices, which are
designed to reduce or eliminate worker 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. 

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 annual response burden is approximately 2.3 million
hours valued at $102.6 million.

NEED FOR AND USE OF THE COLLECTION 

2(a).	Need/Authority for the Collection 

In accordance with FIFRA Section 25 (Attachment A), the Agency issued
final regulations on August 21, 1992, revising the WPS at 40 CFR 170
(Attachment B). 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 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/Uses of the Data

Basic pesticide safety information/training, instructions on safe
operations and repair of equipment, 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 more informed and better prepared 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 WPS
provides for an exemption from the requirements of training for
certified applicators of restricted-use pesticides trained 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).	Public Notice

 

In preparing to renew this ICR, EPA published a notice in the Federal
Register which provided a 60-day public notice and comment period on the
draft ICR (see 72 FR 64611; November 16, 2007).  EPA did not receive any
comments in response to this notice.

3(c).	Consultations Required Prior to ICR Submission to OMB

During the preparation of this ICR renewal, EPA staff contacted the
following respondent representatives 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. 

Michael J. Weaver

Professor & Director

Virginia Tech Pesticide Programs

305 Sandy Hall - 0409

Blacksburg, VA  24061

E-mail: mweaver@vt.edu

Tel. No.:  (540) 231-6543	Marjorie Lewis 

Worker Safety Program Manager

New Mexico Dept. of Agriculture

PO Box 30005

Las Cruces, NM 88003

E-mail:  mlewis@nmda.nmsu.edu 

Tel. No.:  (575) 646-2134



Luis A. Urias

Ag. Program Specialist

Idaho State Department of Agriculture

3904 E Flamingo - Suite B

Nampa, ID  83687 

E-mail:  LURIAS@agri.idaho.gov>

Tel. No.:  (208) 465-8478	





All three of the parties consulted agreed that the respondent burden and
cost estimates included in this ICR renewal request are accurate for
most respondent activities. However, two of those consulted stated that
the estimate of 30 minutes for new entrant rule familiarization is low,
and two thought that the labor rates used for workers are too high. 
These estimates have not been adjusted in this final document, relative
to the draft supporting statement.  The burden estimate for rule
familiarization has been corroborated in numerous similar consultations
for multiple renewals of this ICR in the past.  Additionally, the three
parties consulted generally stated that the data collected is not
available from another source (with a few possible similarities), the
frequency of collection could not be reduced and still produce the same
outcome, and the instructions to respondents are clear.  The specific
responses to EPA’s consultation efforts are included as Attachment C.

 

3(d).	Effects of Less Frequent Collection

 

Not applicable. Training/notifications in this program are required only
once per event, as specified in 40 CFR 170. Consequently, the
possibility for less frequent training/notification does not exist under
current regulations, or without increased risk to agricultural workers
and handlers. 

3(e).	General Guidelines 

Two of the general guidelines of the Paperwork Reduction Act (PRA) are
not met by this ICR.  First, the information (e.g., safety information,
training materials, and signs for posting) that employers are required
to provide to workers and handlers is generally information that is not
maintained by the employer and must be developed or purchased. Second,
small entities are required to follow the same requirements as larger
establishments under the WPS, unless exempted as a solely
family-operated establishment. 

Availability and Maintenance of Notice Information

The information that EPA requires agricultural employers provide to
workers and handlers (e.g., safety information, training materials,
signs for posting, etc.) is not typically maintained by the employer. 
Employers will generally need to develop or purchase these materials. 
However, some of the information may customarily be maintained, but in a
different format than is required by the rule. Specifically, the
pesticide 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. Materials containing guidance on this required information
have been distributed widely. 

Small Entity Flexibility

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

Respondents affected by the collection activities under this ICR are
agricultural employers, including employers in farms as well as nursery,
forestry, and greenhouse establishments. There are approximately 309,100
agricultural establishments in the U.S. that both hire labor and use
pesticides, and 3 million to 4 million farm workers. 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 



	Workers’ burden hours and cost estimates are included in Table 1 and
in the total burden and cost for this information collection because
workers must spend the time necessary to receive training and
notifications from their employers.  However, the requirements for all
training/notifications are on the employer.  It is assumed that workers
are generally paid during training/notifications.  Therefore, the burden
and cost are effectively borne by the agricultural employer, even though
the workers’ time and wage rate are also used in the estimation.

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 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 farm worker
organizations across the country, focusing on entry points and key paths
for the migrant farm worker 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 Notification:

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. Required specifications for
the warning signs are contained in the 40 CFR 170.120(c). Signs are
commercially available for approximately $2.00 each. 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.

(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 Notification:

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:

Activity	

Description



Learn rule requirements	

Read WPS, 40 CFR Part 170, and read specific pesticide labels.



Acquire poster and warning signs	

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
centrally-displayed 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 agricultural
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 agricultural employer must
explain the exception to the workers and handlers.

5.	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 collect any information under this ICR. Participating
States are responsible for implementing voluntary training verification
programs.

5(b).	Collection Methodology and Management

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 or collect any information under
this ICR. Participating States are responsible for implementing
voluntary training verification programs.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION 

Table 1 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 and
employment figures used in the WPS 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

New entrant rule familiarization

	There are an estimated 309,085 establishments that hire labor and use
pesticides, and are therefore affected by the WPS requirements.  New
agricultural employers must learn the rule requirements when they enter
the industry.  It is assumed that of the affected entities, as many as
50,000 may be new entrants each year.  It is further assumed that
learning the requirements of the rule takes an average of 30 minutes.

Central Information. 

	It is assumed that there is one centrally-posted safety poster per
establishment that hires labor and uses pesticides (309,085).  However,
as the poster could last indefinitely, not all establishments need a new
poster every year.  It is assumed that affected establishments put up a
safety poster once every 3-4 years, with an assumption of 100,000 safety
poster events annually.  It is also assumed that an average of 10
minutes is needed to fill in medical information on the safety poster,
and to post it.

For treatment-specific 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. 

Annual notifications equal the number of establishments that use
pesticides and hire labor (309,085) 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 treatment-specific central
notification events.

Training

The estimated burden and cost to farmers for the time taken to train
workers and pesticide handlers 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 and is for a typical year.

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 verification activity has
a total annual burden of 4,765 burden hours (sum of burden to gather
information and file or disclose information) and is covered in this
ICR. 

Treatment-Specific Worker and Handler Notification.

It is assumed that: employers either 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; for non-greenhouse establishments notification
(one oral and/or one posted) 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;
posted notification takes 8 minutes.

 

Total oral notification events are calculated as the number of oral
notifications on non-greenhouse establishments, which orally notify
workers of all treatments when workers will be within ¼ mile, plus the
number of oral notifications on greenhouse establishments, which orally
notify workers only for Toxicity Category I treatments.  Therefore, for
all establishments other than greenhouses, multiply the number of
establishments which hire labor and use pesticides (309,085) by the
average number of pesticide treatments per establishment per year
(10.5), and multiply by the average percent probability that workers
will be within 1/4 mile of the treated area during the REI (50%).  For
greenhouses, multiply the number of establishments (11,350) by the
average number of treatments made per greenhouse establishment per year
(50), and multiply by the percent of treatments which are Toxicology
Category I for dermal or eye (5%).

Calculations for Annual Number of Oral Notifications

Non-greenhouse establishments 

309,085 establishments * 10.5 treatments annually * 50% probability of
workers present within ¼ mile of the treated area during re-entry
interval = 1,622,696 oral notifications annually by non-greenhouse
establishments

Greenhouse establishments

11,350 establishments * 50 treatments annually * 5% of treatments
involving pesticides that are classified as Toxicology Category I for
dermal or eye = 28,375 oral notifications annually by greenhouse
establishments

Total Annual Number of Oral Notifications

1,651,071 (i.e., 1,622,696 + 28,375)

Total posted notifications are calculated as the number of posted
notifications on non-greenhouse establishments, which do posted
notifications only for Toxicity Category I treatments and when workers
will be within ¼ mile, plus the number of posted notifications on
greenhouse establishments, which do posted notifications for all
treatments.  Therefore, for all establishments other than greenhouses,
multiply the number of establishments (309,085) by the average number of
pesticide treatments per establishment per year (10.5), multiply by the
percent of treatments which are Toxicology Category I for dermal or eye
(5%), and multiply by the average percent probability that workers will
be within 1/4 mile of the treated area during the REI (50%).  For
greenhouses, multiply the number of establishments (11,350) by the
average number of treatments made per greenhouse establishment per year
(50).

Calculations for Annual Number of Posted Notifications

Non-greenhouse establishments 

309,085 establishments * 10.5 treatments annually * 50% probability of
workers present within ¼ mile of the treated area during re-entry
interval * 5% of treatments involving pesticides that are classified as
Toxicology Category I for dermal or eye = 81,135 posted notifications
annually by non-greenhouse establishments

Greenhouse establishments

11,350 establishments * 50 treatments annually = 567,500 posted
notifications annually by greenhouse establishments

Total Annual Number of Posted Notifications

648,635 (i.e., 81,135 + 567,500)

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 agricultural 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 that
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. 

Exceptions/Exemptions Notification.

There are 279,359 farms with irrigation in the United States (1992
Census). The average annual number of pesticide applications 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 invoke
the irrigation exception. The same working assumptions have been applied
to the limited contact exception.

	Crop advisors often enter fields, orchards, or other crop production
areas to scout for pests, monitor the effectiveness of recent pesticide
treatments, and determine the need and timing for additional treatments.
 The crop advisor exemption allows for entry into treated areas during a
restricted entry interval in certain circumstances.  It is estimated
that there are 10,000 such instances annually for crop advisors when the
crop advisor employer is required to notify their employees who will
enter the treated area, of the restricted entry status and use of the
exemption.  The estimated average burden for notification of the crop
advisor exemption is 15 minutes.  This average burden is considerably
longer than for notification of the two exceptions, discussed above. 
The longer time is primarily because the crop advisor work may involve
more contact with treated plant surfaces than the exceptions do, and
crop advisors must be advised of the necessary personal protective
equipment to be used for the specific crop, pesticide, and situation.



Table 1 - Total Annual Burden and Cost Estimates

Category	Activity	   Total No.	                   Per Event Average	   
       TOTALS 

	 

 	People/ Events

 

 	  Grower  ($50.34/hr)	 Worker  ($17.37/hr.)2	Total per Event	 

        Burden

          (hours)	 

             Cost

               ($)



	  

Burden

(minutes)	   Cost

     ($)	 Burden

(minutes)	   Cost

     ($)	  Burden

(minutes)	   Cost

     ($)



New Entrant Rule Familiarization 	Learn requirements (new entrants)
50,000	30	25.17	0	0.00	30.00	25.17	25,000	1,258,500

Central Information	Safety Poster	100,000	10	8.39	0	0.00	10.00	8.39
16,667	839,000

	Treatment-specific information	3,245,393	10	8.39	0	0.00	10.00	8.39
540,899	27,228,847

Training	Basic Safety Info Conveyance	169,000	2	1.68	0	0.00	2.00	1.68
5,633	283,582

	Ag. Worker Training	339,000	20	16.78	20	5.79	40.00	22.57	226,000
7,651,230

	Pesticide Handler Training	185,000	25	20.98	20	5.79	45.00	26.77	138,750
4,951,525

Training Verification	Gather Information	35,733	5	4.20	0	0.00	5.00	4.20
2,978	149,900

	File or Disclose Info	35,733	3	2.52	0	0.00	3.00	2.52	1,787	89,940

Treatment-specific worker/handler Notification	Oral Notifications
1,651,071	5	4.20	0	0.00	5.00	4.20	137,589	6,926,230

	Posted Notifications	648,635	8	6.71	0	0.00	8.00	6.71	86,485	4,353,655

Handler and Emergency Information	Handler Notice of Ag. Employer &
Labeling Info.	1,875,705

 	10

 	8.39

 	5

 	1.45

 	15.00

 	9.84

 	468,926

 	18,452,248

 

	Safe Operation and Repair	185,000	10	8.39	10	2.90	20.00	11.29	61,667
2,087,725

	Provide Emergency Info. on Pesticide Treatments	52,400

 	20

 	16.78

 	10

 	2.90

 	30.00

 	19.68

 	26,200

 	1,030,970

 

Exceptions/ Exemptions Notification	Irrigation Exception	195,300	2.5
2.10	2.5	0.72	5.00	2.82	16,275	550,990

	Limited Contact Exception	195,300	2.5	2.10	2.5	0.72	5.00	2.82	16,275
550,990

	Crop Advisor Exemption	10,000	15	12.59	15	4.34	30.00	16.93	5,000
169,275

TOTALS 

	 	 	 	 	 	 	1,776,131	76,574,607

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 presented in Attachment D. 

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 2006 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 total respondent burden in terms of hours is estimated to be
2,293,364 hours annually.    The total respondent cost for is this ICR
renewal estimated to be $102,612,181 annually.  The labor rates for the
farm workers and growers ($17.37/hr and $50.34/hr) subject to the WPS
requirements were estimated using the methodology cited above. 
Workers’ burden hours and cost estimates are included in Table 1 and
in the total burden and cost for this information collection because
workers must spend the time necessary to receive training and
notifications from their employers.  However, the requirements for all
training/notifications are on the employer.  It is assumed that workers
are generally paid during training/notifications.  Therefore, the burden
and cost are effectively borne by the agricultural employer, even though
the workers’ time and wage rate are also used in the estimation.

6(c).	Estimating Agency Burden and Cost

Not applicable. This ICR involves activities conducted by third parties.
EPA does not conduct any activities or collect any information under
this ICR. Participating States are responsible for implementing
voluntary training verification programs. As such, EPA does not incur
any burden or cost under this ICR.

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

Bottom Line Estimated Burden Hours And Costs



	

Hours	

Costs



Respondents	

1,776,131	

$76,574,607



Agency	

n/a	

n/a



6(e).	Reasons for Changes in Burden

The total estimated annual respondent burden for this ICR renewal is
1,776,131 hours, a reduction of 517,233 from the 2,293,364 total
estimated burden hours in the currently-approved ICR.  This change is an
adjustment and is the result of a correction to the estimated annual
number of treatment-specific worker and handler notification events,
both oral and posted.  Although EPA had correctly explained the method
of calculating the number of notifications in previous versions of this
ICR, the figures presented in the corresponding tables that were used to
tally the overall burden in previous years were inconsistent with
EPA’s explanation. The calculation of these numbers is explained in
section 6(a) of this document, under Treatment-Specific Worker and
Handler Notification.

6(f).	Burden Statement

The total annual respondent burden for providing the training and
notifications associated with the Worker Protection Standard is
estimated to be 2,293,364 hours, with the incremental burden of the
various activities ranging from 2 minutes per respondent to provide
initial basic safety information to 45 minutes per respondent for
handler training. This total estimate includes the third party WPS
training and notification requirements, e.g., provisions requiring
employers to:  provide employees with pesticide-specific treatment
(application) information in the form of oral or written notification,
assure that employees receive basic pesticide safety information or
training, provide emergency information on pesticide treatments, and
notify employees when an exception/exemption to the WPS is being
implemented, as well as a voluntary program to verify training and
relieve duplication of training, and provisions requiring handler
notification to employers regarding pesticide treatments (applications).

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.  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
(Attachment E). 

The Agency has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2007-0299, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. 
This docket facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays.  The docket telephone number is (703)
305-5805.  You may submit comments regarding the Agency's need for this
information, the accuracy of the provided burden estimates and any
suggested methods for minimizing respondent burden, including the use of
automated collection techniques.  

Submit your comments, referencing Docket ID No. EPA-HQ-OPP-2007-0299 and
OMB Control No. 2070-0148, 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.

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-2007-0299.  These attachments are available for online
viewing at   HYPERLINK "http://www.regulations.gov_" 
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. 136w - FIFRA Section 25 - Also available online
at the US House of Representatives’  HYPERLINK
"http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+19
08+9++%28%29%20%20AND%20%28%287%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%
20w%2F10%20%28136w%29%29%3ACITE%20%20%20%20%20%20%20%20%20" US Code
website 



Attachment B:	40 CFR 170 - Worker Protection Standard - Also available
online at the National Archives and Records Administration’s 
HYPERLINK
"http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d90893070643ef
f62793a029408a2bae&rgn=div5&view=text&node=40:23.0.1.1.20&idno=40"
Electronic CFR Website 



Attachment C:	Record of Consultations Between the U.S. Environmental
Protection Agency and Respondents to the Information Collection Request:
“Worker Protection Standard Training and Notification”



Attachment D:	Wage Rate Tables for Agricultural Employers and
Agricultural Workers



Attachment E:	Display Related to OMB Control #2070-0148 -Listings of
Related Regulations in 40 CFR 9.1



 Totals were determined as follows:  Total Burden Hours: (total # events
x burden minutes)÷60.  Total Costs:  (total # events x total per-event
costs).

 Updated estimates of fully loaded wage rates.  See part 6(b) and
Attachment D for sources and methodology for deriving these estimates.

April 10, 2008

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