Standards for Pesticide Containers and Containment (Renewal)

Forms and Documents

Document Name	Status
1632ss06.docx Supporting Statement A	2020-08-26
1632-06_SS_Attachment H.docx Supplementary Document	2020-06-30
1632-06_SS_Attachment G.xlsx Supplementary Document	2020-06-30
1632-06_SS_Attachment F.pdf Supplementary Document	2020-06-30
1632-06_SS_Attachment E.pdf Supplementary Document	2020-06-30
1632-06_SS_Attachment D.docx Supplementary Document	2020-06-30
1632-06_SS_Attachment C.pdf Supplementary Document	2020-06-30
1632-06_SS_Attachment B.pdf Supplementary Document	2020-06-30
1632-06_SS_Attachment A.docx Supplementary Document	2020-06-30

IC Document Collections

IC ID	Document Title	Status
44063	Recordkeeping Requirements of the Standards for Pesticide Containers and Containment Rule	Modified

ICR Details

OMB Control No: 2070-0133	ICR Reference No: 202006-2070-002
Status: Received in OIRA	Previous ICR Reference No: 201708-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 1632.06
Title: Standards for Pesticide Containers and Containment (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/28/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	23,586	23,586
Time Burden (Hours)	180,763	169,660
Cost Burden (Dollars)	335,900	0

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Abstract: This ICR covers the information collection activities associated with the pesticide 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, and made available to inspectors to ensure that businesses are in compliance with containment requirements. These inspections are generally conducted by the states, which enforce FIFRA regulations through cooperative agreements with EPA.

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 66184	12/03/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 53368	08/28/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Recordkeeping Requirements of the Standards for Pesticide Containers and Containment Rule

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ICR Summary of Burden

	Total Request	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	23,586	23,586	0	0	0	0
Annual Time Burden (Hours)	180,763	169,660	0	0	11,103	0
Annual Cost Burden (Dollars)	335,900	0	0	0	335,900	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: EPA made several changes to the burden in this ICR based on comments from the respondents, including a comment that the development and storage of documentation associated with the DOT authorized packaging are not included. EPA agrees and adjusted the burden requirements for registrants that distribute pesticide to refillers for repackaging (Table 6.2); registrants that repackage directly into refillable containers (Table 6.3) and agricultural pesticide refillers (Table 6.4) to account for several recordkeeping requirements associated with pesticides that are not DOT hazardous materials being distributed and sold in refillable containers that meet at least DOT Packing Group III standards. These revisions increased the estimated burden of the container regulations for pesticide registrants and agricultural pesticide refillers by 11,103 hours.

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Annual Cost to Federal Government: $18,409

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 08/28/2020

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