Agricultural Worker Protection Standard Training, Notification and Recordkeeping (Final Rule)

Forms and Documents

Document Name	Status
2491ss02.docx Supporting Statement A	2015-10-29

IC Document Collections

IC ID	Document Title	Status
210801	Restricted Entry Interval - Early Entry Exception: Agricultural Workers Read Label or Receive Info Orally from Agricultural Employer	Removed
210800	Restricted Entry Interval - Early Entry Exception: Agricultural Employers Keep Records of Agricultural Worker Early Entry Activities	Removed
210799	Restricted Entry Interval - Early Entry Exception: Agricultural Workers Acknowledge Receipt of Early Entry Notification from Agricultural Employers	Removed
210798	Restricted Entry Interval - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Workers	Removed
210797	Waiting Period Prior to Worker Training Exception: Agricultural Workers Acknowledge Receipt of Pesticide Information Sheet From Employers	Removed
210796	REI - Early Entry Exception: Agricultural Workers Receive Info Orally from Agricultural Employer	Modified
210795	REI - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Worker	Modified
210794	Agricultural and Commercial Handlers Receive Training and Operating Instructions for Closed System	Modified
210793	Agricultural and Commercial Employers Provide Training and Operating Instructions for Closed System	Modified
210792	Agricultural and Commercial Handler Employers Notify Cleaners/Launderers of Personal Protective Equipment of Potential Contamination, Adverse Effects, Cleaning Methods, and Precautions	Modified
210791	Agricultural and Commercial Handler Employers Create and Maintain Medical Evaluation, Respirator Fit Testing, and Respirator Training Records	Modified
210790	Agricultural and Commercial Handlers Receive Respirator Training and Fit Test, and Complete Medical Evaluation	Modified
210789	Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training and Provide Upon Request	Modified
210788	Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers	Modified
210787	Commercial Handler Employers Provide Handler Pesticide Safety Training	Modified
210786	Agricultural Employers Maintain Records of Handler Pesticide Safety Training and Provide upon Request	Modified
210785	Agricultural Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers	Modified
210784	Agricultural Employers Provide Handler Pesticide Safety Training	Modified
210783	Agricultural Employers Maintain Records of Agricultural Worker Pesticide Safety Training and Provide upon Request	Modified
210782	Agricultural Workers Attend and Acknowledge Pesticide Safety Training Provided by Agricultural Employers	Modified
210781	Agricultural Employers Provide Agricultural Worker Pesticide Safety Training	Modified
210780	Agricultural and Commercial Handler Employers Provide Information Required for Emergency Assistance	Modified
210779	Handlers Receive Information About Safe Operation, Cleaning and Repair of Equipment from Agricultural and Commercial Handler Employers	Modified
210778	Agricultural and Commercial Handler Employers Inform Handlers about Safe Operation, Cleaning and Repair of Equipment	Modified
210777	Commercial Handler Receives Agricultural Establishment REI Information from Employer	Modified
210776	Agricultural and Commercial Handler Employers Inform Handlers about Application/Label Information	Modified
210775	Commercial Handler Employer Notifies Handler Employee of Treated Areas under an REI on Agricultural Establishment	Modified
210774	Notifications Between Agricultural Employers and Commercial Handler Employers Regarding Restricted Entry Interval and Pre-application Information	Modified
210773	Agricultural Workers and Agricultural/Commercial Handlers Receive Establishment-Specific Information from Agricultural Employer	Modified
210772	Agricultural Employers Provide Establishment-Specific Information to Handlers and Agricultural Workers	Modified
210771	Agricultural Workers Receive Restricted Entry Area Notifications from Agricultural Employer	Modified
210770	Agricultural Employer Notifies Agricultural Workers of Restricted Entry Areas	Modified
210769	Agricultural Employers Record/Maintain Pesticide Application Records and Copy of Safety Data Sheet	Modified
210768	Agricultural Employers Display Basic Safety Information	Modified
210767	Rule Familiarization	Modified

ICR Details

OMB Control No: 2070-0190	ICR Reference No: 201510-2070-001
Status: Historical Active	Previous ICR Reference No: 201403-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2491.02
Title: Agricultural Worker Protection Standard Training, Notification and Recordkeeping (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/21/2016
	Date Received in OIRA: 11/02/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2019	36 Months From Approved
Responses	111,516,053	0	0
Time Burden (Hours)	10,448,161	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This Information Collection Request (ICR) estimates the recordkeeping and third-party response burden of paperwork activities associated with a final rule that amends 40 CFR Part 170, entitled “Pesticides; Agricultural Worker Protection Standard Revisions” [RIN 2070-AJ22]. This rule-related ICR is intended to replace an existing ICR, currently approved under OMB Control Number 2070-0148, that covers the information collection requirements contained in the existing Worker Protection Standard (WPS) regulations, also at 40 CFR Part 170. The existing regulation already has provisions for training and notification of pesticide-related information for workers who enter pesticide-treated areas after pesticide application to perform crop-related tasks, as well as for handlers who mix, load, and apply pesticides. Agricultural employers and commercial pesticide handling establishments (CPHEs) are responsible for providing required training, notifications and information to their employees to ensure worker and handler safety. The changes to the regulation are intended to improve protections and include revisions to many current provisions as well as the addition of new requirements. The revised rule includes expanded and more frequent training for workers and handlers, improved posting of pesticide-treated areas, additional information for workers before they enter a pesticide-treated area while a restricted entry interval (REI) is in effect, access to more general and application-specific information about pesticides used on the establishment, and recordkeeping of training to improve enforceability and compliance.

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Authorizing Statute(s): US Code: 7 USC 136w Name of Law: Federal Insecticide, Fungicide, and Rodenticide Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AJ22	Final or interim final rulemaking	80 FR 67496	11/02/2015

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 15444	03/19/2014
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 30

IC Title	Form No.	Form Name
Agricultural Employers Record/Maintain Pesticide Application Records and Copy of Safety Data Sheet
Agricultural Employer Notifies Agricultural Workers of Restricted Entry Areas
Agricultural Workers Receive Restricted Entry Area Notifications from Agricultural Employer
Agricultural Employers Provide Establishment-Specific Information to Handlers and Agricultural Workers
Agricultural Employers Provide Agricultural Worker Pesticide Safety Training
Agricultural Workers Attend and Acknowledge Pesticide Safety Training Provided by Agricultural Employers
Agricultural Employers Maintain Records of Agricultural Worker Pesticide Safety Training and Provide upon Request
Agricultural Employers Provide Handler Pesticide Safety Training
Agricultural Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers
Agricultural Employers Maintain Records of Handler Pesticide Safety Training and Provide upon Request
REI - Early Entry Exception: Agricultural Workers Receive Info Orally from Agricultural Employer
Commercial Handler Employers Provide Handler Pesticide Safety Training
Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers
Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training and Provide Upon Request
Agricultural and Commercial Handlers Receive Respirator Training and Fit Test, and Complete Medical Evaluation
Agricultural and Commercial Handler Employers Create and Maintain Medical Evaluation, Respirator Fit Testing, and Respirator Training Records
Agricultural and Commercial Handler Employers Notify Cleaners/Launderers of Personal Protective Equipment of Potential Contamination, Adverse Effects, Cleaning Methods, and Precautions
Agricultural and Commercial Employers Provide Training and Operating Instructions for Closed System
Agricultural and Commercial Handlers Receive Training and Operating Instructions for Closed System
REI - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Worker
Restricted Entry Interval - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Workers
Waiting Period Prior to Worker Training Exception: Agricultural Workers Acknowledge Receipt of Pesticide Information Sheet From Employers
Restricted Entry Interval - Early Entry Exception: Agricultural Workers Acknowledge Receipt of Early Entry Notification from Agricultural Employers
Restricted Entry Interval - Early Entry Exception: Agricultural Employers Keep Records of Agricultural Worker Early Entry Activities
Restricted Entry Interval - Early Entry Exception: Agricultural Workers Read Label or Receive Info Orally from Agricultural Employer
Rule Familiarization
Agricultural Employers Display Basic Safety Information
Agricultural Workers and Agricultural/Commercial Handlers Receive Establishment-Specific Information from Agricultural Employer
Notifications Between Agricultural Employers and Commercial Handler Employers Regarding Restricted Entry Interval and Pre-application Information
Commercial Handler Employer Notifies Handler Employee of Treated Areas under an REI on Agricultural Establishment
Agricultural and Commercial Handler Employers Inform Handlers about Application/Label Information
Commercial Handler Receives Agricultural Establishment REI Information from Employer
Agricultural and Commercial Handler Employers Inform Handlers about Safe Operation, Cleaning and Repair of Equipment
Handlers Receive Information About Safe Operation, Cleaning and Repair of Equipment from Agricultural and Commercial Handler Employers
Agricultural and Commercial Handler Employers Provide Information Required for Emergency Assistance

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	111,516,053	0	0	111,516,053	0	0
Annual Time Burden (Hours)	10,448,161	0	0	10,448,161	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: As a new, replacement ICR for this rulemaking, much of the burden is attributed to program changes. Relative to the 1,827,493 total burden hours estimated for the existing WPS regulation in the ICR currently-approved under OMB Control No. 2070-0148, this ICR reflects an increase of 8,620,667 hours. The increase in burden reflects the many revised regulatory requirements, a re-estimation of the burden associated with existing requirements, as well as revised estimates of the number of respondents/responses based on newer information that is available to EPA. The regulatory changes include modifications to restrictions in field entry activities during restricted entry intervals; increased hazard communications; increased training (for both workers and handlers); increased posting of pesticide application information; provisions for information during emergency assistance; and recordkeeping for training, application-specific information, and respirator requirements. In addition, for the tables in the supporting statement, the number of respondents will often times be smaller than the responses because there are some activities within one Information Collection that will be done once and other activities within the same Information Collection that will be done multiple times.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 11/02/2015

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