[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29323-29325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08555]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0023; FRL-11670-01-OCSPP]


Agency Information Collection Activities; Proposed Renewal of an 
Existing ICR Collection and Request for Comment; Standards for 
Pesticide Containers and Containment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces the availability of and solicits public comment on 
the following Information Collection Request (ICR) that EPA is planning 
to submit to the Office of Management and Budget (OMB): ``Standards for 
Pesticide Container and Containment,'' identified by EPA ICR No. 
1632.07 and OMB Control No. 2070-0133. This ICR represents a renewal of 
an existing ICR that is currently approved through January 31, 2025. 
Before submitting the ICR to OMB for review and approval under the PRA, 
EPA is soliciting

[[Page 29324]]

comments on specific aspects of the information collection that is 
summarized in this document. The ICR and accompanying material are 
available in the docket for public review and comment.

DATES: Comments must be received on or before June 21, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0023, through https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Additional instructions on commenting or visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Carolyn Siu, Mission Support Division 
(7602M), Office of Program Support, Office of Chemical Safety and 
Pollution Prevention, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(703) 719-1649; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply 
to?

    Title: Standards for Pesticide Containers and Containment.
    EPA ICR No.: 1632.07.
    OMB Control No.: 2070-0133.
    ICR status: This ICR is currently approved through January 31, 
2025. Under the PRA, 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 Code of Federal Regulations 
(CFR), after appearing in the Federal Register when approved, 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 for certain EPA 
regulations is consolidated in 40 CFR part 9.
    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.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 7.5 
hours per response for container regulations and 4 hours per response 
for containment regulations. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/affected entities: Entities potentially affected are 
those that are part of the regulated community affected by the 
container design and residue removal regulations which includes 
businesses that formulate pesticide products or repackage pesticide 
products into refillable containers. The ICR includes a list of 
potentially affected entities with North American Industrial 
Classification System (NAICS) codes provided to assist in determining 
potential applicability.
    Respondent's obligation to respond: Mandatory under sections 3, 8, 
19 and 25 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA)(7 U.S.C. 136f, 136q, and 136w).
    Forms: None.
    Frequency of response: Occasional.
    Total estimated number of potential respondents: 23,586.
    Total estimated average number of responses for each respondent: 1.
    Total estimated annual burden hours: 180,763 hours.
    Total estimated annual costs: $10,864,043. This includes total 
burden costs of $10,444,168 and $419,875 of capital investment or 
maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is no change in the number of burden hours as there are no 
programmatic updates to changes identified in the ICR currently 
approved by OMB. The change in costs for the regulated community are 
$1,410,512. The change is costs are based on BLS wage rate adjustments. 
There is also an increase in capital costs of $83,975 due to an 
increase in costs for agricultural

[[Page 29325]]

pesticide refiller. These changes qualify as adjustments.
    In addition, OMB requested that EPA replace the format the Agency 
has historically used for ICR Supporting Statements with the 18-
question format that is used by other federal agencies and departments. 
The 18-question format is based on the submission instructions to 
agencies that appear on the OMB submission form. Although this 
supporting statement has been modified to reflect the 18-question 
format, the change in format did not change the information collection 
activities or related estimated burden and costs. EPA welcomes your 
feedback on whether this improves the presentation of the information 
collection activities and related burden and costs estimates.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to 
announce the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.

    Dated: April 17, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-08555 Filed 4-19-24; 8:45 am]
BILLING CODE 6560-50-P