OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates. This action has no effect on any current approvals.
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This Information Collection Request (ICR) amendment covers the proposed revisions to the "Certification of Pesticide Applicators" at 40 CFR Part 171, which regulates the certification of applicators of restricted use pesticides (RUPs), assuming that the proposed amendments become final. This ICR estimates the incremental burden of the proposed changes not already included in the currently approved ICR "Certification of Pesticide Applicators" (OMB No: 2070-0029) covering the current 40 CFR Part 171.
The existing regulation has provisions for states, tribes, territories, and federal agencies that wish to certify applicators to use RUPs to submit certification plans to EPA for review and approval, and requirements to report on specific information related to applicator certification activities annually. The regulation has standards of competency for persons who are certified to apply RUPs, as well as requirements related to noncertified applicators who apply RUPs under the direct supervision of certified applicators. In addition, it already requires pesticide dealers to maintain records of RUP sales in areas where EPA administers an applicator certification program.
EPA is proposing changes to the rule to improve the competency of certified applicators of RUPs and noncertified applicators who apply RUPs under the direct supervision of certified applicators. Proposed changes to the rule include new and revised standards for certification for commercial and private applicators, provisions for recertification of applicators, and training for noncertified applicators applying RUPs under the supervision of certified applicators. The proposal also includes changes to improve the clarity and organization of the rule and overall program operation. The proposed changes to the regulation are intended to ensure that all persons who use RUPs â i.e., private applicators, commercial applicators, and noncertified applicators using RUPs under the direct supervision of certified applicators â are competent to use RUPs in a manner that will not result in unreasonable adverse effects to themselves, others, or the environment.
This amendment ICR estimates the burden and costs of the proposed changes related to information collection and includes: training for noncertified applicators applying RUPs under the direct supervision of certified applicators, recordkeeping of the noncertified applicator training, recordkeeping of RUP sales by pesticide dealerships under certification programs not administered by EPA, and costs to states, territories, tribes, and federal agencies to revise certification plans as needed to comply with the proposed requirements.
The change in burden for the total estimated respondent burden is a net increase of 1,853,118 hours. This increase in hours reflects the addition of proposed programmatic changes. The baseline burden estimate is from the draft renewal of current ICR, and includes updates of burden estimates, including changes in the number of respondents and the number of responses provided by those respondents whose certification programs are directly overseen by EPA.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
2499ss01_AttachD_Wages.pdf
2499ss01.docx
RUP Sales Recordkeeping (under State plans)