Attachment H: Consultation List of Standard Questions

EPA ICR No. 0277.17
Docket ID: EPA-HQ-OPP-2015-0332

OMB Control No. 2070-0060

ATTACHMENT H

Record of Consultations between the U.S. Environmental Protection Agency and
Respondents to the Information Collection Request:
“Application for New and Amended Pesticide Registration”

I.

List of Stakeholders Who Agreed to Participate in the Consultations:

1. John J. Arthur
Company and contact: BASF Corporation; [email protected]
2. George Katsigas
Company and contact: Baker Petrolite, LLC; [email protected]
3. Michael Sarli
Company and contact: United Industries Corporation – A Spectrum Brands Company; One Rider Trail
Plaza Drive, Suite 300, Earth City, MO 63045;
[email protected]: 314-683-2754

II.

Consultation Questions
1. Publicly Available Data
•

Is the information that the Agency seeks available from any public source or already collected by
another office at EPA or by another agency?

•

If yes, where can you find the data?

2. Frequency of Collection
Can the Agency collect the information less frequently and still produce the same outcome?
3. Clarity of Instructions
•

The ICR is intended to require that respondents provide certain data so that the Agency can utilize
them.
(a) Based on the instructions (regulations, PR Notices, etc.), is it clear what you are required to do
and how to submit the data?
(b) If not, what suggestions do you have to clarify the instructions?

•

Do you understand that you are required to maintain records?

•

Considering that there is no required submission format, is it difficult to submit information in ways
that are clear, logical and easy to complete?

EPA ICR No. 0277.17
Docket ID: EPA-HQ-OPP-2015-0332

•

OMB Control No. 2070-0060

Regarding the any pesticide registration forms, do you use them? Are they clear, logical, and easy to
complete?

4. Electronic Reporting and Record keeping
The Government Paperwork Elimination Act requires agencies make available to the public electronic
reporting alternatives to paper-based submissions by 2003, unless there is a strong reason for not doing
so. One such reason was that, before September, 2015, the Agency was unable to ensure the security of
CBI that might be transmitted over the Internet.
•

What do you think about electronic alternatives to paper-based records and data submissions?
Current electronic reporting alternatives include the use of “web forms”/XML based submissions via
the Agency’s Internet site, magnetic media-based submissions (e.g., diskette, CD-ROM, etc.), and
through EPA’s new Pesticide Submissions Portal (PSP).

•

Are you keeping your records electronically? If yes, in what format?

•

Have you used the new Pesticide Submissions Portal?
If yes, how long did it take you to create a login and a password through the Central Data
Exchange (CDX) reporting site? How long did it take you to submit each form on PSP?

•

Since the Agency started offering an electronic reporting option for CBI-related data through EPA’s
CDX reporting site, would you be more inclined to submit CBI via PSP or on diskette than on paper?

•

What benefits would electronic submission bring you in terms of burden reduction or greater
efficiency in compiling the information?

5. Burden and Costs
•

Are the labor rates accurate?

•

The Agency assumes there is no capital cost associated with this activity. Is that correct?

•

Bearing in mind that the burden and cost estimates include only burden hours and costs associated
with the paperwork involved with this ICR, e.g., the ICR does not include estimated burden hours
and costs for conducting studies, are the estimated burden hours and labor rates accurate?

•

Have you incurred additional paperwork burden as a result of third party disclosure requirements
involving disclosing product specific information to potential users and the general public through
the pesticide label?

• Are there other costs that should be accounted for that may have been missed?
If you provide burden and cost estimates that are substantially different from EPA’s, please provide an
explanation of how you arrived at your estimates.

III.

United Industries added responses to the questionnaire as markups (pages 3-5
below):

ICR ATTACHMENT H
Docket ID: EPA-HQ-OPP-2015-0332
OMB Control Number 2070-0060; EPA ICR Number 0277.17

Consultation Questions
1. Publicly Available Data


Is the information that the Agency seeks available from any public source or already
collected by another office at EPA or by another agency? No, not that I am aware.



If yes, where can you find the data? N/A

2. Frequency of Collection
Can the Agency collect the information less frequently and still produce the same outcome?
No, based on the unpredictable number of actions that are submitted to the Agency
3. Clarity of Instructions


The ICR is intended to require that respondents provide certain data so that the Agency
can utilize them.
(a) Based on the instructions (regulations, PR Notices, etc.), is it clear what you are
required to do and how to submit the data? Yes
(b) If not, what suggestions do you have to clarify the instructions? None



Do you understand that you are required to maintain records? Yes



Considering that there is no required submission format, is it difficult to submit
information in ways that are clear, logical and easy to complete? No



Regarding the any pesticide registration forms, do you use them? Are they clear, logical,
and easy to complete? Yes we do. We have created our own Word or Excel versions to
increase efficiency

4. Electronic Reporting and Record keeping
The Government Paperwork Elimination Act requires agencies make available to the public
electronic reporting alternatives to paper-based submissions by 2003, unless there is a strong
reason for not doing so. One such reason was that, before September, 2015, the Agency was
unable to ensure the security of CBI that might be transmitted over the Internet.


What do you think about electronic alternatives to paper-based records and data
submissions? Current electronic reporting alternatives include the use of “web
forms”/XML based submissions via the Agency’s Internet site, magnetic media-based

ICR ATTACHMENT H
Docket ID: EPA-HQ-OPP-2015-0332
OMB Control Number 2070-0060; EPA ICR Number 0277.17

submissions (e.g., diskette, CD-ROM, etc.), and through EPA’s new Pesticide
Submissions Portal (PSP). We are in favor of this approach. We are participating in the
pilot Smart Label initiative and although there is more work on the front-end when
creating the label initially the extra effort pays off in the long run. If industry can make
the reviewer’s job easier, we all benefit.


Are you keeping your records electronically? If yes, in what format? Yes, scan to .pdf



Have you used the new Pesticide Submissions Portal? No
If yes, how long did it take you to create a login and a password through the Central
Data Exchange (CDX) reporting site? How long did it take you to submit each form
on PSP?



Since the Agency started offering an electronic reporting option for CBI-related data
through EPA’s CDX reporting site, would you be more inclined to submit CBI via PSP or
on diskette than on paper?PSP is preferred once satisfied there are no confidentiality
risks.



What benefits would electronic submission bring you in terms of burden reduction or
greater efficiency in compiling the information? We already maintain electronic versions
but we print them out and sumbit to the agency as hard copy. We would eliminate that
printing/miling step but for the grand majority of our submissions (i.e. type B as defined
in this ICR) that is not a significant burden.

5. Burden and Costs


Are the labor rates accurate? To the best of our knowledge. Certainly follow the logic of
your rationale.



The Agency assumes there is no capital cost associated with this activity. Is that correct?
For us specifically, yes.



Bearing in mind that the burden and cost estimates include only burden hours and costs
associated with the paperwork involved with this ICR, e.g., the ICR does not include
estimated burden hours and costs for conducting studies, are the estimated burden hours
and labor rates accurate? Yes, seem to be.



Have you incurred additional paperwork burden as a result of third party disclosure
requirements involving disclosing product specific information to potential users and the
general public through the pesticide label? No

ICR ATTACHMENT H
Docket ID: EPA-HQ-OPP-2015-0332
OMB Control Number 2070-0060; EPA ICR Number 0277.17



Are there other costs that should be accounted for that may have been missed? No

If you provide burden and cost estimates that are substantially different from EPA’s, please
provide an explanation of how you arrived at your estimates.