
[Federal Register: November 25, 2009 (Volume 74, Number 226)]
[Notices]               
[Page 61677-61678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no09-65]                         

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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: smoot.cameo@epa.gov.

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]

BILLING CODE 6560-50-P
