SUPPORTING STATEMENT FOR AN

INFORMATION COLLECTION REQUEST (ICR)

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)  	Title of the Information Collection

TITLE:  Foreign Purchaser Acknowledgment Statement of Unregistered
Pesticides

OMB No. 2070-0027			EPA No. 0161.12

1(b) 	Short Characterization/Abstract

This information collection enables the Environmental Protection Agency
(EPA) to provide notice to foreign purchasers of unregistered pesticides
exported from the United States that the pesticide product cannot be
sold in the United States.  Section 17(a)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (Attachment A) requires an
exporter of any pesticide not registered under FIFRA section 3 or sold
under FIFRA section 6(a)(1) to obtain a signed statement from the
foreign purchaser acknowledging that the purchaser is aware that the
pesticide is not registered for use in, and cannot be sold in, the
United States.  A copy of this statement, which is known as the Foreign
Purchaser Acknowledgement Statement, or FPAS, must be transmitted to an
appropriate official of the government in the importing country.  This
information is submitted in the form of annual or per-shipment
statements to the EPA, which maintains original records and transmits
copies, along with an explanatory letter, to appropriate government
officials of the countries which are importing the pesticide.

	In addition to the export notification for unregistered pesticides,
FIFRA requires that all exported pesticides include appropriate
labeling. There are different requirements for registered and
unregistered products.  Export labeling requirements meet the definition
of third-party notification.  In the interests of consolidating various
related information collection requests, this ICR includes burden
estimates for the FPAS requirement for unregistered pesticides, as well
as the labeling requirement for all exported pesticides, both registered
and unregistered. These burdens have been consolidated in this
information collection since the implementation of the 1993 pesticide
export policy governing the export of pesticides, devices, and active
ingredients used in producing pesticides.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

This information is required to be submitted to EPA pursuant to section
17(a)(2) of FIFRA.  Regulations pertaining to exporting pesticides are
contained in Title 40 of the Code of Federal Regulations, Part 168,
Subpart D (Attachment B).

2(b)	Practical Utility/Users of the Data

Section 17(a)(2) of FIFRA requires all exporters of unregistered
pesticides to obtain signed statements from their customers
acknowledging that they are aware that their purchased products are not
registered in the United States.  Hence, one use of this collection
activity is in assuring that foreign purchasers of pesticides produced
in the U.S. are aware of the products’ U.S. registration status.  When
such statements are submitted to EPA, the Agency is provided with a
record of foreign destinations of domestically produced unregistered
products.  This enables the Agency to assure that such products, which
are produced in the U.S. but cannot be legally sold for use in the U.S.,
have been legally distributed.

In addition, such statements are required by statute to be directed
onward to the appropriate government officials in importing countries.
Officials of foreign governments can use this information to verify that
a specific pesticide product, that may or may not have an active
ingredient that has been evaluated by EPA and approved for registration,
has been exported to their country.  The name and address of the
purchaser in the importing country is included, enabling the government
official to contact the purchaser directly, as appropriate.  This
information can be useful in countries which do not have the resources
to maintain extensive import records or control systems.

3.	NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Non duplication

For every export of an unregistered pesticide, the U.S. exporter is
required to obtain the FPAS prior to export and certify to EPA that
export did not occur prior to the exporter’s receipt of the FPAS.  The
FPAS and the certification statement must then be transmitted to the
governments of importing countries.  EPA is not aware of any other
collection requirements for this information.

EPA recognizes that repeated submissions of purchaser acknowledgment
statements involving the same country, purchaser, and pesticide product
would be duplicative and potentially burdensome.  Individual submissions
do, however, provide information on the total number of shipments to a
specific purchaser.  For this reason, EPA offeres an option to exporters
to either make individual submissions for every export, or notify EPA
upon the first export to the foreign purchaser and then provide an
annual summary of all shipments no later than March 1 of the following
calendar year.  This  reduces the redundancy that would be associated
with the submission of identical acknowledgment statements by the same
purchaser for the same product, while still providing EPA and foreign
governments with information regarding the number of shipments in the
previous calendar year.

3(b)	Public Notice Required Prior to ICR Submission to OMB

In proposing to renew this ICR, EPA will publish a Federal Register
Notice and provide a 60-day public notice and comment period.

3(c)	Consultations

In addition to the public notice that EPA will publish in the Federal
Register concerning the renewal of this ICR, the Agency will consult, as
required under 5 CFR 1320.8(d)(1), with stakeholders who actively
interact with the Agency through the use of this collection instrument.

3(d)	Effects of Less Frequent Collection

By offering the compliance option of annual reporting, EPA is offering a
less frequent information submission to reduce the burden of
per-shipment reporting.  Further reduction, i.e., to a one-time
submission for the life of the product or otherwise to a frequency of
less than once a year could compromise the accuracy of the data on the
number of shipments exported to a particular purchaser in another
country.  Less frequent submission could also make it difficult for
foreign governments to determine the regulatory status of imported
pesticides.

The annual summaries provide EPA with the ability to monitor compliance
with the requirements of section 17(a).  Currently, such records must be
retained by exporters for only two years.  Since the summaries are
submitted after the applicable year, less frequent submissions could
result in the unavailability of records necessary to validate
submissions.

3(e)	General Guidelines

In accordance with 5 CFR 1320.5(a)(iii)(E), federal agencies are
required to indicate whether the proposed collection of information
involves the use of automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and an
explanation of the decision.

Information collected under this ICR is currently submitted to EPA by
mail. At this time, there are no practicable automated information
submission techniques available under this information collection
activity readily available to all pesticide purchasers and companies
selling products world-wide that could enable the collection and
submission of electronic signatures.  Additionally, there is no
mechanism currently in place to ensure that foreign governments will
accept electronic notifications from the United States demonstrating
compliance with 40 CFR 168, Subpart D.

3(f)	Confidentiality

EPA urges submitters to minimize the amount of claimed Confidential
Business Information (CBI). All data and/or information submitted to the
Agency under this information collection that may be claimed as trade
secret, commercial or financial information will be protected from
disclosure by EPA under FIFRA section 10.

Based on “Nonconfidentiality of Certain Information Submitted under
Sections 7 and 17(a)(2) of FIFRA”, 55 FR 1261 (January 12, 1990) and
“Class Determination 1-91, Identity of Importing Country Under FIFRA
Section 17(A)(2),”, 58 FR 9062 (February 18, 1993),the following
information will generally not be considered confidential:  (a) The fact
that a producer makes a registered or unregistered pesticide product;
(b) the fact that an acknowledgement statement or other notice of export
has been filed by an exporter; (c) the identity of the unregistered
exported product; and, if applicable, the identity of the active
ingredients of the pesticide; and (d) the identity of the importing
country and the country or countries of final destination.” According
to statute, this same information must be reported to the government of
the importing country.

Exported research and development substances that fit the criteria set
out in 40 CFR 168.75(5) are not subject to the FPAS requirement, but are
subject to the labeling requirement.   Confidential business information
may be required to be submitted in the case where a business wishes to
export an unregistered research pesticide product that does not fit the
criteria of 168.75(5).  EPA recognizes that the chemical identity of the
research product may require protection as confidential business
information, but believes that it is essential that the Agency
nevertheless be able to accurately identify the nature of the product.
The identity of a product under research and development may be
identified by use of identification codes which protect proprietary
information.

3(g)	Sensitive Questions

No information of a sensitive nature is required to be submitted.

4. 	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents - NAICS Codes

Respondents affected by the collection activities under this ICR are
individuals or entities that either manufacture and export unregistered
pesticides or that reformulate or repackage and export unregistered
pesticides.  The North American Industrial Classification System (NAICS)
code assigned to the parties responding to this information is as
follows:

Category	NAICS code	Examples of potentially

affected entities

Pesticide and other agricultural chemical manufacturing	325300
Individuals or entities engaged in activities related to the
registration of a pesticide product.

4(b)	Information Requested

There are no forms for this activity.  In preparing the statement, the
exporter is free to format the document in any manner as long as it
includes all of the required information.  The exporter must obtain the
signed statement from the foreign purchaser before the pesticide can be
shipped.

(i)	Data items, including record keeping requirements

Foreign Purchaser Acknowledgment Statement (FPAS)

After determining that the product is subject to this requirement, the
exporter must obtain a statement of the type described in item 3(b)(i)
from the foreign purchaser of the pesticide product.  This will normally
require that the exporter provide the purchaser with a prepared
statement for signature or with instructions that are adequate to ensure
that the purchaser can prepare the statement.

If the exporter anticipates making more than one shipment of the product
to the purchaser in a given year, the exporter may elect to notify EPA
only at the time of the first shipment and to choose to comply with the
annual reporting option, which requires the submission of an annual
summary of shipments of pesticides shipped to each purchaser.

The FPAS must contain the following information:

Name and address of exporter.

Name and address of foreign purchaser.

Name of product and active ingredient.

Statement that foreign purchaser is aware that the product is not
registered for use in the United States and cannot be sold for use in
the United States.

If known, country of final destination of the exported shipment if
different from country of import.

Signature of foreign purchaser.

Date that purchaser acknowledgment statement is signed by foreign
purchaser.

Certification that shipment did not occur prior to receipt of Purchaser
Acknowledgment Statement.

Exporter’s signature.

Information required to be collected by this rule must be maintained
pursuant to 40 CFR 168.85.

Third Party Notification Requirements; Export Labeling

All exported registered pesticides must bear the EPA approved label and
supplemental labeling options have been made to accommodate the
importing country’s requirements.  For unregistered pesticides, the
following information must be included on the labels or labeling:

EPA pesticide producing establishment number.

Warning or caution statements.

The statement “Not Registered for Use in the United States of
America.”  The labels of all pesticides, devices, and active
ingredients which are not registered for use in the United States under
FIFRA section 3 must include this statement.

The ingredient statement.

Identity of parties.

Weight or measure.

Additional warning for highly toxic pesticides.

Use classification statement.

Multilingual labeling requirement

For both registered and unregistered products, the following labeling
information must be multilingual:

Warning and caution statements.

Where applicable, the statement “Not registered for use in the United
States of America.”

Ingredient statement.

If the pesticide, device or active ingredient is highly toxic to humans,
the skull and crossbones, the word “Poison,” and a statement of
practical treatment must appear on the label.  The word “Poison” and
the statement of practical treatment shall be in English and in an
acceptable language of the country of import, and in an acceptable
language in the country of final destination, if known or reasonably
ascertainable.

(ii)	Respondent Activities

A. 	Submission of Foreign Purchaser Acknowledgment Statement

The exporter is required to send a copy of the purchaser acknowledgment
statement to EPA within 7 days of having shipped the pesticide, along
with a signed statement that the shipment did not occur prior to receipt
of the purchaser acknowledgment statement.  In addition, if the exporter
chooses the annual reporting option, he or she must include a statement
that the FPAS is for the first shipment of a pesticide to a particular
purchaser in a specific country, and that the exporter will report this
information annually.  Where an exporter chooses to comply with the
annual summary reporting option, a summary must be sent after the end or
the calendar year which lists all shipments of a particular pesticide
shipped to a particular foreign purchaser.  It is not required for the
statement to be submitted to EPA  in time to enable  EPA to notify the
importing country prior to arrival of the pesticide.

Submission of a purchaser acknowledgment statement does not require the
maintenance of any records unique to this section.  All records needed
to ensure and verify compliance with this requirement are required under
section 8 of FIFRA.  The recordkeeping burden related to this
requirement is covered under another ICR.

B.	Exemption of research and development pesticides

Records supporting research and development status must include
information regarding research intent of the shipment as well as
information indicating knowledge that the quantity being shipped is
consistent with research intent, as specified in 40 CFR 168.75 (b)(5).
Persons claiming an exemption from the FPAS requirement for the export
of research and development products must maintain records which support
the R&D claim for each shipment so claimed.  In its policy, EPA has
limited research claims only to shipments where the quantity shipped
would be unlikely to support a commercial use.  Thus, the company’s
records must be sufficient to support the claim that the quantity
shipped is only sufficient for use within the limits of the policy.
This can be done either in the form of communications received from the
purchaser before or on the date of export or in the form of instructions
sent to the purchaser before or on the date of export.

Alternatively, the exporter may retain records which indicate that the
quantity shipped is compatible with the claim that the amount can only
be used as provided in the policy.  Such information could include test
results, literature citations, or other information which supports the
claim.

At the time of shipment, the exporter must maintain a record of the
identity, amount, and date that the pesticide was shipped, the
destination and purchaser, and the intended research use.  Most of this
information is typically reflected on invoice/shipping records normally
maintained for such products; records of pesticide shipments are already
required to be maintained under FIFRA section 8.  Other documentation
supporting research use is generally available as typical business
practice and should not impose additional burdens. Records of shipment
and confirmation of research intent must be maintained and made
available for inspection and copying by EPA for two years following the
exportation of the pesticide.

Export labeling

Every exported pesticide, device, and active ingredient used in
producing a pesticide must bear a label or labeling which meets the
requirements of FIFRA section 17(a)(1).  This requirement applies to all
such pesticides, devices, or active ingredients, regardless of whether
the export is for commercial or research and development use.  The
specific requirements for the labeling of exported pesticides are
described above.  The required label statements may be met through
either immediate container labels, or accompanying supplemental
labeling, or through a combination of the two.

EPA included supplemental labeling as an option to ease the compliance
burden of this requirement.  Supplemental labeling used to meet
pesticide export label requirements must be attached to each smallest
divisible shipping container of a given pesticide product.  In the case
that cartons or drums are secured to a pallet such that they will not be
separated from the pallet during shipment, it is permissible to attach
supplemental labeling to the pallet load.  An example would be where a
pallet of cartons has a wrapper (e.g., shrink-wrap) which contains all
of the cartons on the pallet.  However, if cartons or drums are loosely
stacked on a pallet so that they could be separated during shipment,
each drum or carton must be labeled.

Exporters are also required to keep records of the product labeling ,
including the EPA registered labeling, any foreign labeling on or
attached to the product when shipped, and as applicable, any
supplemental labeling.  The records are to be maintained in a manner
that shows exactly which labels and labeling accompanied each shipment
of a pesticide product to a foreign country.

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

EPA is required to perform the following activities:

Respond to questions submitted by respondents.

Receive submissions of acknowledgment statements, certification
statements, and summaries of shipments.

Review submissions for completeness.

Transmit submissions of acknowledgment statements and summaries of
shipments to appropriate government officials of importing countries;

Maintain a file of all submissions.

Respond to queries.

5(b)	Collection Methodology and Management

EPA maintains a file of all submitted acknowledgment statements.  This
file includes the following for each submitted statement:

Copy of the purchaser acknowledgment statement and certification that
shipment did not occur before receipt of statement by exporter.

Date that the statement was forwarded to the appropriate government
official or  agency of the importing country.

Copy of the estimate summary of the number of shipments to be made in
association with that statement.

EPA reviews its files annually for completeness, following the
submission of annual summaries of shipments, by referencing
establishment reporting records for apparent discrepancies.  EPA targets
inspections based on such apparent discrepancies to determine whether a
violation under FIFRA has occurred.

5(c)	Small Entity Flexibility

	Under this reporting requirement, small entities must follow the same
collection procedures as large companies. Both large and small entities
may avail themselves of options which support alternative, flexible
means of meeting specific requirements: 1. reporting options; 2. timing
of submissions and 3. format of required information.  The Agency allows
respondents the choice of reporting options to determine the method of
obtaining the foreign purchaser acknowledgment statement. Respondents
are also allowed flexibility in timing of submissions; respondents can
choose between annual estimates and summaries or per-shipment
statements. Finally, EPA provides flexibility in the formatting of
submissions; small entities and occasional submitters may find it easier
to comply with the requirements since they do not have to adhere to a
specific format.

5(d)	Collection Schedule

Not applicable.  The activity is conducted only as purchaser
acknowledgment statements are received.  There is no set schedule for
the collection of this information.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	Methodology for Estimating Respondent Cost

	The methodology for calculating the wage rates in this 2010 revision of
the ICR has been updated to be consistent with the method for wage
calculation for all ICRs managed by the Office of Pesticide Programs
(OPP).  This approach uses a transparent and consistent methodology
employing publicly-available data to provide more accurate estimates and
allow easy replication of the calculations. Wage estimates are based on
2010 wage data.

	Methodology:	The methodology uses data on each sector and labor type
for an Unloaded wage rate (hourly wage rate), and calculates the Loaded
wage rate (unloaded wage rate + benefits), and the Fully loaded wage
rate (loaded wage rate + overhead).  Fully loaded wage rates are used to
calculate the Agency’s staffing costs.

	Unloaded Wage Rate:  Wages are estimated for labor types (management,
technical, and clerical) within applicable sectors. The Agency uses
average wage data for the relevant sectors available in the National
Industry-Specific Occupational Employment and Wage Estimates from the
Bureau of Labor Statistics (BLS) at   HYPERLINK
"http://www.bls.gov/oes/current/oes_nat.htm"
http://www.bls.gov/oes/current/oes_nat.htm .

	Sectors: The specific North American Industry Classification System
(NAICS) code and website for each sector is included in that sector’s
wage rate table.  Within each sector, the wage data are provided by
Standard Occupational Classification (SOC).  The SOC system is used by
Federal statistical agencies to classify workers into occupational
categories for the purpose of collecting, calculating, or disseminating
data (see   HYPERLINK "http://www.bls.gov/oes/current/oes_stru.htm"
http://www.bls.gov/oes/current/oes_stru.htm  ).

	Loaded Wage Rate: Unless stated otherwise, all benefits represent 43%
of unloaded wage rates, based on benefits for all civilian non-farm
workers, from   HYPERLINK "http://www.bls.gov/news.release/ecec.t01.htm"
 http://www.bls.gov/news.release/ecec.t01.htm . However, if other
sectors are listed for which 43% is not applicable; the applicable
percentage will be stated.

	Fully Loaded Wage Rate: We multiply the loaded wage rate by 50% (EPA
guidelines 20-70%) to get overhead costs.  Attachments F and F.1 contain
worksheets providing the breakout of these costs.

	To derive the labor rates for this ICR, Agency economists estimated the
wages for the management, technical, and clerical labor categories using
the methodology cited above.  The respondent costs for this renewal for
managerial, technical and clerical rates are estimated at $120.28,
$60.85 and $37.11 per hour, respectively.  These labor rates are fully
loaded and include benefits and overhead costs.

6(b)	Estimating Respondent Burden and Cost

The overall respondent burden hours associated with this collection
total 24,470 hours per year.  This figure shows a decrease of 22 burden
hours from the previous ICR. The difference is due to a decrease in
average number of respondents per calendar year from 2008-2010.

The requirements to be fulfilled under this ICR consist of two parts:
submission of the Foreign Purchaser Acknowledgment Statements (FPAS);
and the third party notification export labeling requirement.  The third
party labeling requirement is further subdivided into labeling
requirements for unregistered exported pesticide products and
multilingual labeling requirements for registered exported pesticide
products.

(i)	Estimating the Respondent Burden and Cost of the FPAS Requirement

	This ICR renewal includes a respondent burden estimate of 2,420 hours
for the FPAS requirement.  This figure is based on the average of 2,283
notices received annually from 2008-2010.  Table 1 presents the
calculations for total annual costs, a breakdown of the FPAS collection
activities per respondent, and the expected labor mix required for each
activity.  Hourly wage rates for firms in NAICS 325000 were used to
calculate respondent burden.  The fully loaded hourly wage rates for
management, technical, and clerical occupations for NAICS 325300 are
$120.28, $60.85, and $37.11, respectively.  See Attachment D for labor
wage calculations.  The total management, technical, and clerical hours
are multiplied times the annual number of requests and by the fully
loaded wage rates to get a total annual respondent cost of $135,904 for
submitting FPAS forms.

All records submitted under this rule are either required to be kept
under FIFRA Section 8 or are maintained in the normal course of
business.  Exporters who feel that per-shipment submissions represent
undue burden may choose to report annually.  The per-shipment
notification and annual summary requirements of this option are based on
records of production and shipment records already required by
regulations under FIFRA Section 8, so such information will be readily
available to exporters, who may submit it without reformatting or
special preparation.  These annual submissions may be included as part
of the annual submission of acknowledgment statements and thus would
result in minimal burden.

Table 1.	Respondent Burden/Cost: Submission of FPAS

Collection Activity	Burden Hours (per year)	Total

	Mgmt

$120.28/hr	Technical

$60.85hr	Clerical

$37.11/hr	Hours	Cost ($)

Read Regulations	0.08	0.00	0.00	0.08	9.62

Plan Activities	0.00	0.08	0.00	0.08	4.87

Gather Information	0.00	0.08	0.00	0.08	4.87

Process, compile and reveal information	0.00	0.16	0.00	0.16	9.74

Complete paperwork	0.00	0.25	0.25	0.50	24.49

Record, disclose & display information	0.00	0.00	0.08	0.08	2.97

Store, maintain and file information	0.00	0.00	0.08	0.08	2.97

TOTAL	0.08	0.57	0.41	1.06	59.52

ANNUAL BURDEN:	1.06 hrs (64 minutes) X 2,283 statements = 2,420 hours
per year

ANNUAL COSTS: 	$59.52 X 2,283 respondents = $135,904 per year

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 -
Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See
Attachment A for wage calculations.

2 Totals may not sum due to rounding.

(ii)	Estimating the Respondent Burden of the Third Party Notification
Export Labeling Requirement

As discussed above, certain information must be included on the labels
or labeling of exported pesticides. The labeling requirements may be met
by supplemental labeling attached to either the product container or the
shipping container

Table 2 presents the estimated respondent burden for product labeling of
unregistered exported pesticide products. Historically, in order to
estimate the number of unregistered exported pesticide products, the
Agency has assumed that one-quarter of the pesticides exported from the
U.S. are not registered for use in the United States. The Agency has
estimated that the total number of pesticide products that are exported
annually to be 3,600. Therefore, based on these assumptions,
approximately 900 unregistered pesticide products are exported annually.
EPA is seeking comment on whether more precise sources for information
on the number of products exported annually, and the percentage that are
unregistered are available, or if there is a more accurate way of
characterizing the units for measuring burden.

	Product labeling for unregistered exported products accounts for eight
burden hours, at a cost of $504.65, for each respondent. This equates to
a total annual burden of 7,200 hours and a total annual burden of
$454,180 across all respondents.

Table 2.	Respondent Burden/Cost: Unregistered Exported Pesticide Product
Labeling

Collection Activity	Burden Hours (per year)	Total

	Mgmt

$120.28/hr	Technical

$60.85/hr	Clerical

$37.11/hr	Hours	Cost ($)

Read Regulations	0.50	0.00	0.00	0.50	60.41

Design Labels	0.00	2.00	0.00	2.00	121.70

Translate Labels	0.00	5.00	0.00	5.00	304.25

Complete Paperwork and Store Information	0.00	0.00	0.50	0.50	18.56

TOTAL	0.50	7.00	0.50	8.00	504.65

ANNUAL BURDEN:	8 hours x 900 unregistered products = 7,200 hours

ANNUAL COSTS: 	$504.65 x 900 unregistered products = $454,180

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 -
Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See
Attachment A for wage calculations.

2 Totals may not sum due to rounding.

	Certain information must be provided in the languages of the country or
countries of final destination.  Table 3 presents the estimated
respondent burden for multilingual product labeling of registered
exported pesticide products.  The labeling requirements may be met by
supplemental labeling attached to either the product container or the
shipping container.  EPA estimates that it will take respondents
approximately 5.5 hours at a cost of $322.81 to meet the multilingual
labeling requirement for each product.  EPA estimates that to prepare
one label in one language would take approximately one hour.  In
reviewing the major destinations of export shipments, EPA estimates that
most labels would be in one or more of the following languages: French,
Spanish, German, Taiwanese, and Portuguese.  This equates to a total
annual burden of 14,850 hours and a total annual burden of $871,574
across all respondents.

Table 3.  Respondent Burden/Cost: Multilingual Product Labeling,
Registered Pesticide Product Exports

Collection Activity	Burden Hours (per year)	Total

	Mgmt

$120.28/hr	Technical

$60.85/hr	Clerical

$37.11/hr	Hours	Cost ($)

Translate Labels	0.00	5.00	0.00	5.00	304.25

Complete Paperwork and Store Information	0.00	0.00	0.50	0.50	18.56

TOTAL	0.00	5.00	0.50	5.50	322.81

ANNUAL BURDEN:	5.5 hours x 2700 exported registered products = 14,850
hours

ANNUAL COSTS:  	$322.81 x 2700 exported registered products = $871,574

1 Hourly wages rates are fully loaded wage rates based on NAICS 325300 -
Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
from U.S. Dept. of Labor, Bureau of Labor Statistics, May 2010. See
Attachment A for wage calculations.

2 Totals may not sum due to rounding.

6(c)	Estimating Agency Burden and Cost

Agency costs for this information collection activity are minimal, and
include only the record keeping associated with the receipt of the
acknowledgment statements and costs associated with the transmittal of
acknowledgment statements to the appropriate government official in the
importing country.  EPA estimated hourly burden at 0.57 hours (around 35
minutes) per statement.  Based on this estimate, annual cost are
determined by multiplying hourly burden by the wage rate for technical
labor.

Table 4.	Agency Processing Burden for FPAS Requirement

	Collection Activity		Hours	Annual Cost ($)

	Technical

$71.58/hr

	Receive, review acknowledgment statements for completeness, and enter
in log book	0.08	5.73

Data entry of information in acknowledgment statements	0.25	17.90

Make necessary copies and transmit submission to appropriate government
officials of importing countries	0.16	11.45

Maintain a file of all submissions	0.08	5.73

TOTAL	0.57	40.80

ANNUAL BURDEN:	2,283 statements x 0.57 hours = 1,301 hours

ANNUAL COSTS: 	2,283 statements x $40.80 = $93,146

1 Hourly wages rates are fully loaded wage rates based on NAICS code
999100 - Federal Executive Branch from U.S. Dept. of Labor, Bureau of
Labor Statistics, May 2010. See Attachment A for wage calculations.

2 Totals may not sum due to rounding.

6(d) 	Bottom Line Burden Hours and Cost

Respondent Burden by Information Collection (IC)

The total annual respondent burden hours for this ICR are estimated at
24,470 hours.  This accounts for 2,420 hours for the FPAS requirement,
7,200 hours for the labeling of unregistered pesticides, and 14,850
hours for the labeling of registered pesticides.

The total annual respondent cost for this ICR is estimated to be
$1,461,658.  This estimate is composed of the following costs:  $135,904
for the FPAS requirement, $454,180 for the labeling of unregistered
pesticides, and $871,574 for the labeling of registered pesticides.

Table 5. 		Total Annual Respondent Burden Hours and Cost

Information Collection	Responses Per Year	Burden Per Response (hours)
Annual Burden (hours)	Annual Cost     ($)

Foreign Purchaser Acknowledgment Statements	2,283	1.06	2,420	$135,904

Labeling for Unregistered Exported Pesticide Products	900	8	7,200
454,181

Multilingual Product Labeling for Registered Exported Pesticide Products
2,700	5.5	14,850	$871,574

Total Annual Respondent Burden	24,470	1,461,658

1 Totals may not sum due to rounding.

	(ii)	Agency Burden

The total annual agency burden for this ICR is estimated to be 1,313
hours.  This would result in a total annual agency cost of $171,047.

Table 6.	Bottom Line Burden Hours and Cost

	TOTAL

	Hours	Costs

Respondent Burden Estimate	24,470	$1,461,658

Agency Burden Estimate	 1,301	     $93,146

6(e)	Reason for Changes in Burden

There were no program changes affecting this ICR, and there was no
change in the estimated average response time for respondents.  There is
a decrease of 22 hours in the total estimated respondent burden compared
with that identified in the ICR currently approved by OMB.  This
decrease is a result of a decrease in the annual number of foreign
purchaser acknowledgement statements submitted (from 2,304 to 2,283)
which resulted in a change to the annual burden hours for respondents
from 2,442 in the previous renewal to 2,420 in the current renewal.
There is no change in burden associated with labeling requirements for
unregistered and registered exported pesticides.  Labor costs for
respondents and the Agency increased as a result of changes in the wage
rates made to: a) reflect current wage rates and b) to make the
methodology for calculating wage rates consistent with other OPP ICRs.
The new wage estimates incorporated higher estimates for benefits and
overhead than were used in the past. These changes are an adjustment.

6(f)	Burden Statement

Annual respondent burden for this collection of FPAS information
requirements is estimated to average 1.06 hours (around 65 minutes) per
response.  The annual respondent burden for meeting labeling
requirements for unregistered and registered exported pesticide products
is estimated to average 8.0 hours and 5.5 hours, respectively.  This
estimate includes the time for reviewing instructions, gathering and
maintaining the data needed, and completing and reviewing the collection
of information.  The 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 Agency has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2011-0766, which is available for online viewing at
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA.
This docket facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays.  The docket telephone number is (703)
305-5805.  You may submit comments regarding the Agency's need for this
information, the accuracy of the provided burden estimates and any
suggested methods for minimizing respondent burden, including the use of
automated collection techniques.

Submit your comments, referencing Docket ID No. EPA-HQ-OPP-2011-0766 and
OMB Control No. 2070-0027, to (1) EPA online using www.regulations.gov
(our preferred method), or by mail to: Public Information and Records
Integrity Branch (PIRIB), Mail Code: 7502P, Office of Pesticide Programs
(OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW,
Washington, DC 20460, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.

ATTACHMENTS TO THE SUPPORTING STATEMENT

Attachments to the supporting statement are available in the public
docket established for this ICR under docket identification number
EPA-HQ-OPP-2011-0766.  These attachments are available for online
viewing at  HYPERLINK "http://www.regulations.gov/" www.regulations.gov
or otherwise accessed as described in section 6(f) of the supporting
statement.

Attachment A:	7 U.S.C. 136o - Section 17 of the Federal Insecticide,
Fungicide, and Rodenticide Act. Available online at the US House of
Representatives’  HYPERLINK
"http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+18
99+1++()%20%20AND%20((7)%20ADJ%20USC)%3ACITE%20AND%20(USC%20w%2F10%20(13
6o))%3ACITE" US Code website

Attachment B:	40 CFR 168.75 - Procedures for exporting unregistered
pesticides – purchaser acknowledgement statements. Available online at
the National Archives and Records Administration’s  HYPERLINK
"http://edocket.access.gpo.gov/cfr_2007/julqtr/pdf/40cfr168.75.pdf"
Electronic CFR Website

Attachment C:	Reserved for Display Related to OMB Control #2070-0027

Attachment D:	Work Sheets to Calculate Industry and EPA Labor Costs

Attachment D

Work Sheets used to Calculate Registrant Labor Costs

This attachment is available as part of the electronic docket
EPA-HQ-OPP-2011-0766 and is part of the ICR’s Supporting Statement.

NAICS:  325300

Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing

Labor Cost Category	Formula	Managerial	Technical	Clerical

Unloaded Hourly Rate 1	 = W	$55.84 	$28.25 	$17.23

Benefits Percentage 2	Lb = B/W	44%	44%	44%

Benefits per hour	B = W*Lb	$24.35 	$12.32 	$7.51

Loaded Hourly Rate	Wb = W+B = W(1+Lb)	$80.19 	$40.57 	$24.74

Overhead Percentage 3	Lo = OH/Wb	50%	50%	50%

Overhead per hour	OH = Wb*Lo	$40.09 	$20.28 	$12.37

Fully Loaded Wage Rate	Wf = Wb + OH	$120.28 	$60.85 	$37.11

	 = W + B + OH

1.  Data Source:  BLS   HYPERLINK
"http://www.bls.gov/oes/current/naics4_325300.htm"
http://www.bls.gov/oes/current/naics4_325300.htm      May 2010 data

     NAICS 325300 - Pesticide, Fertilizer, and Other Agricultural
Chemical Manufacturing

     Standard Occupational Codes:

       Management:   11-0000, Management Occupations

       Technical:        19-0000, Life, Physical, and Social Science
Occupations

       Clerical:           43-0000, Office and Administrative Support
Occupations

2. Fringe benefits/wage per hour.

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost
Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The
loading for indirect costs is within the range of 20-70% of the load
labor rate (wage + benefits) suggested in EPA guidance.

Attachment D.1

Work Sheets used to Calculate EPA and Federal Government Labor Costs

This attachment is available as part of the electronic docket
EPA-HQ-OPP-2011-0766 and is part of the ICR’s Supporting Statement

NAICS: 999100

Federal Executive Branch

Labor Category:	Formula	Managerial	Technical	Clerical

Unloaded Hourly Rate1	 = W	$55.64 	$33.23 	$20.06

Benefits Percentage2	Lb = B/W	44%	44%	44%

Benefits per hour	B = W*Lb	$24.26 	$14.49 	$8.75

Loaded Hourly Rate	Wb = W + B = W(1+Lb)	$79.90 	$47.72 	$28.81

Overhead Percentage3	Lo = OH/Wb	50%	50%	50%

Overhead per hour	OH = Wb*Lo	$39.95 	$23.86 	$14.40

Fully Loaded Hourly Rate	Wf = Wb + OH	$119.85 	$71.58 	$43.21

	 = W + B + OH

1.  Data Source:  BLS   HYPERLINK
"http://www.bls.gov/oes/current/naics4_999100.htm"
http://www.bls.gov/oes/current/naics4_999100.htm      May 2010 data

     NAICS  999100 -  Federal Executive Branch

     Standard Occupational Codes:

       Management:   11-0000, Management Occupations

       Technical:        19-0000, Life, Physical, and Social Science
Occupations

       Clerical:           43-0000, Office and Administrative Support
Occupations

2. Fringe benefits/wage per hour.

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost
Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The
loading for indirect costs is within the range of 20-70% of the load
labor rate (wage + benefits) suggested in EPA guidance.

 OMB Control No. 2070-0028; EPA ICR 0143 Recordkeeping Requirements for
Producers of Pesticides under section 8 of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)

Draft September 2011

  PAGE   \* MERGEFORMAT  15


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12860-12862]
[FR Doc No: 2011-5214]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0210; FRL-9277-2]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Kentucky; Louisville Nonattainment Area; Determination of
Attainment of the 1997 Annual Fine Particle Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is determining that the bi-state Louisville (Indiana and
Kentucky) fine particle (PM2.5) nonattainment area has
attained the 1997 annual average PM2.5 National Ambient Air
Quality Standard (NAAQS). This determination is based upon complete,
quality-assured, and certified ambient air monitoring data for the
2007-2009 period showing that the area has monitored attainment of the
annual PM2.5 NAAQS. Preliminary data for 2010 available to
date are consistent with continued attainment. As a result of this
determination, the requirements for the area to submit an attainment
demonstration and associated reasonably available control measures
(RACM), a reasonable further progress (RFP) plan, contingency measures,
and other planning State Implementation Plan (SIP) revisions related to
attainment of the standards shall be suspended for so long as the area
continues to attain the annual PM2.5 NAAQS.

DATES: This final rule is effective on March 9, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2010-0210. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Environmental Protection Agency, Region 5 office, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604, or in
Region 4 at the Environmental Protection Agency, Air, Pesticides and
Toxics Management Division, 61 Forsyth Street, SW., Atlanta, Georgia.
These facilities are open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We recommend that you telephone
John Summerhays, Environmental Scientist, at<PHONE_NUMBER> before
visiting the Region 5 office or Joel Huey, Environmental Scientist, at
(404) 562-9104 before visiting the Region 4 office.

FOR FURTHER INFORMATION CONTACT: John Summerhays, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>In Region 4, contact Joel Huey, Environmental
Scientist, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    This SUPPLEMENTARY INFORMATION section is arranged as follows:

I. What action is EPA taking?
II. What is the background for this action?
III. What did EPA propose?
IV. What does the most recent monitoring data show?
V. What is the effect of this action?
VI. When is this action effective?
VII. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is determining that the Louisville PM2.5 annual
NAAQS nonattainment area (which includes Jefferson and Bullitt Counties
in Kentucky and Clark and Floyd Counties and the Madison Township of
Jefferson County in Indiana) has attained the 1997 annual
PM2.5 NAAQS. This determination is based upon complete,
quality-assured, and certified ambient air monitoring data for the
2007-2009 monitoring period that show that the area has monitored
attainment of the 1997 annual PM2.5 NAAQS. Preliminary data
available for 2010 are consistent with continued attainment.

II. What is the background for this action?

    On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/

m\3\) based on a three-year average of annual mean PM2.5
concentrations. At that time, EPA also established a 24-hour standard
of 65 [mu]g/m\3\ (today's action does not address the 24-hour
standard). See 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA
published its air quality designations and classifications for the 1997
PM2.5 NAAQS based upon air quality monitoring data from
those monitors for calendar years 2001-2003. These designations became
effective on April 5, 2005. The Louisville area was designated
nonattainment for the 1997 PM2.5 NAAQS. See 40 CFR 81.315
(Indiana) and 40 CFR 81.318 (Kentucky).
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a three-year average
of annual mean PM2.5 concentrations, and promulgated a 24-
hour standard of 35 [mu]g/m\3\ based on a three-year average of the
98th percentile of 24-hour concentrations. On November 13, 2009, EPA
designated the Louisville area as attainment for the 2006 24-hour
standard (74 FR 58688). In that action, EPA also clarified the
designations for the NAAQS promulgated in 1997, stating that the
Louisville area was designated as nonattainment for the annual
standards but attainment for the 24-hour standards. Thus, today's
action does not address attainment of either the 1997 or the 2006 24-
hour standards.
    In response to legal challenges of the annual standards promulgated
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit
(DC Circuit) remanded these standards to EPA for further consideration.
See American Farm Bureau Federation and National Pork Producers
Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009). However, given
that the 1997 and 2006 annual standards are essentially identical,
attainment of the 1997 annual standards would also indicate attainment
of the remanded 2006 annual standards.
    On April 25, 2007 (72 FR 20664), EPA promulgated its
PM2.5 implementation rule, codified at 40 CFR part 51,
subpart Z, in which the Agency provided guidance for state and tribal
plans to implement the 1997 PM2.5 standards. This rule, at
40 CFR 51.1004(c), specifies some of the regulatory consequences of
attaining the standards, as discussed below.

III. What did EPA propose?

    EPA proposed that the Louisville area (including portions in
Indiana and Kentucky) has attained the 1997 PM2.5 NAAQS. EPA
published this proposed determination on September 14, 2010, at 75 FR
55725. Further details regarding the proposal are available in the
proposed rule. EPA's proposed action provided a 30-day public comment
period. We did not receive any comments.

IV. What does the most recent monitoring data show?

    EPA examined monitoring data for 2010 that are available to date in
the EPA Air Quality System (AQS) database, but not yet certified. While
these data are insufficient to represent full year average
concentrations, all sites within the area average below 15.0 [mu]g/m\3\
and thus the available data suggest that this area continues to attain
the 1997 annual PM2.5 NAAQS.

V. What is the effect of this action?

    On the basis of this review, EPA has determined that the Louisville
area has attained the 1997 annual PM2.5 NAAQS based on
complete, quality-assured and certified 2007-2009 data. Data available
for 2010 that are in the EPA AQS database but not yet certified suggest
that the area continues to attain the 1997 annual PM2.5
NAAQS. As a result of this determination, under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR 51.1004(c)), the
requirements for Indiana and Kentucky to submit attainment
demonstrations and associated RACM, RFP plans, contingency measures,
and any other planning SIPs related to attainment of the 1997 annual
PM2.5 NAAQS for the Louisville PM2.5
nonattainment area are suspended for so long as the area continues to
attain the 1997 annual PM2.5 NAAQS. This suspension will
continue until such time, if any, that EPA subsequently determines that
the area has violated the 1997 annual PM2.5 NAAQS.
    If EPA subsequently determines, after notice-and-comment rulemaking
in the Federal Register, that the area has violated the 1997 annual
PM2.5 NAAQS, the basis for the suspension of the specific
requirements, set forth at 40 CFR 51.1004(c), would no longer exist for
the pertinent area, and EPA would take action to withdraw the
determination and direct the pertinent area to address the suspended
requirements.
    The determination that the air quality data show attainment of the
1997 annual PM2.5 NAAQS is not equivalent to the
redesignation of the area to attainment for the 1997 annual
PM2.5 NAAQS under section 107(d)(3) of the Clean Air Act
(CAA). Further, finalizing this action does not involve approving
maintenance plans for the area as required under section 175A of the
CAA, nor does it involve a determination that the area has met all
requirements for a redesignation. The designation status of the area
will remain nonattainment for the 1997 annual PM2.5 NAAQS
until such time as EPA determines that the area meets the CAA
requirements for redesignation to attainment for that standard.

VI. When is this action effective?

    EPA finds that there is good cause for this determination to become
effective on the date of publication of this action in the Federal
Register, because a delayed effective date is unnecessary due to the
nature of the action. The expedited effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that rule
actions may become effective less than 30 days after publication if the
rule ``grants or recognizes an exemption or relieves a restriction,''
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30
days after publication ``as otherwise provided by the agency for good
cause found and published with the rule.'' As noted above, this
determination of attainment will result in a suspension of the
requirements for the Louisville area to submit an attainment
demonstration, a RFP plan, section 172(c)(9) contingency measures, and
any other planning SIPs related to attainment of the 1997 annual
PM2.5 NAAQS for so long as the area continues to attain the
PM2.5 NAAQS. The suspension of these requirements is
sufficient reason to allow an expedited effective date of this rule
under 5 U.S.C. 553(d)(1). In addition, the suspension of the
obligations of Indiana and Kentucky to make submissions for these
requirements provides good cause to make this rule effective on the
date of publication of this action in the Federal Register, pursuant to
5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed
in 5 U.S.C. 553(d) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
Where, as here, the final rule suspends requirements rather than
imposing obligations, affected parties, such as the Louisville area, do
not need time to adjust and prepare before the rule takes effect.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is not subject to

Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action makes a determination based on air
quality data and results in the suspension of certain Federal
requirements. Accordingly, the Administrator certifies that this rule
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule makes a determination based on air quality
data, and results in the suspension of certain Federal requirements, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal applications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely makes a determination
based on air quality data and results in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks'' (62 FR 19885, April 23,
1997) because it determines that air quality in the affected area is
meeting Federal standards.
    The requirements of 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply because it
would be inconsistent with applicable law for EPA, when determining the
attainment status of an area, to use voluntary consensus standards in
place of promulgated air quality standards and monitoring procedures to
otherwise satisfy the provisions of the CAA. This rule does not impose
an information collection burden under the provisions of the Paper
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Under Executive Order 12898, EPA finds that this rule, pertaining
to the determination of attainment of the fine particle standards for
the Louisville (Indiana and Kentucky) area, involves determination of
attainment based on air quality data and will not have
disproportionately high and adverse human health or environmental
effects on any communities in the area, including minority and low-
income communities.
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because there is no federally recognized Indian country located in the
states, and EPA notes that it will not impose substantial direct costs
on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rules in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. These actions are not ``major rules'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by May 9, 2011. Filing a petition for
reconsideration by the Administrator of these final rules does not
affect the finality of this action for the purposes of judicial review
nor does it extend the time within which a petition for judicial review
may be filed, and shall not postpone the effectiveness of such rule or
action. These actions may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Intergovernmental relations, Reporting
and recordkeeping requirements.

    Dated: January 12, 2011.
Susan Hedman,
Regional Administrator, Region 5.
    Dated: February 25, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart P--Indiana

0
2. Section 52.776 is amended by adding paragraph (t) to read as
follows:

Sec.  52.776  Control strategy: Particulate matter.

* * * * *
    (t) Determination of Attainment. EPA has determined, as of March 9,
2011, that the Louisville, IN-KY PM2.5 nonattainment area
has attained the 1997 PM2.5 NAAQS. These determinations, in
accordance with 40 CFR 51.1004(c), suspend the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, reasonable further progress, contingency
measures, and other plan elements related to attainment of the
standards for as long as the area continues to meet the 1997
PM2.5 NAAQS.

Subpart S--Kentucky

0
3. Section 52.933 is amended by designating the existing text as
paragraph (a) and by adding paragraph (b) to read as follows:

Sec.  52.933  Control strategy: Sulfur oxides and particulate matter.

* * * * *
    (b) Determination of Attainment. EPA has determined, as of March 9,
2011, that the Louisville, IN-KY PM2.5 nonattainment area
has attained the 1997 PM2.5 NAAQS. These determinations, in
accordance with 40 CFR 51.1004(c), suspend the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, reasonable further progress, contingency
measures, and other plan elements related to attainment of the
standards for as long as the area continues to meet the 1997
PM2.5 NAAQS.

[FR Doc. 2011-5214 Filed 3-8-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69848-69849]
[FR Doc No: 2013-27957]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13102-003--Alabama Demopolis Lock and Dam Hydroelectric
Project]

Birch Power Company; Notice of Proposed Revised Restricted
Service List for a Programmatic Agreement

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR 385.2010, provides
that, to eliminate unnecessary expense or improve administrative
efficiency, the Secretary may establish a restricted service list for a
particular phase or issue in a proceeding. The restricted service list
should contain the names of persons on the service list who, in the
judgment of the decisional authority establishing the list, are active
participants with respect to the phase or issue in the proceeding for
which the list is established.
    The Commission staff is consulting with the Alabama Historical

Commission (Alabama SHPO) and the Advisory Council on Historic
Preservation (Advisory Council) pursuant to the Advisory Council's
regulations, 36 CFR Part 800, implementing section 106 of the National
Historic Preservation Act, as amended, (16 U.S.C. 470f), to prepare a
Programmatic Agreement for managing properties included in, or eligible
for inclusion in, the National Register of Historic Places that could
be affected by issuance of a license for the Demopolis Lock and Dam
Hydroelectric Project.
    The Programmatic Agreement, when executed by the Commission and the
Alabama SHPO, would satisfy the Commission's section 106
responsibilities for all individual undertakings carried out in
accordance with the license until the license expires or is terminated
(36 CFR 800.13[e]). The Commission's responsibilities pursuant to
section 106 for the project would be fulfilled through the Programmatic
Agreement, which Commission staff proposes to draft in consultation
with Birch Power Company, the Alabama SHPO, the U.S. Army Corps of
Engineers, the Poarch Band of Creek Indians, Alabama-Coushatta Tribe of
Texas, Alabama-Quassarte Tribal Town, United Keetoowah Band of Cherokee
Indians, Choctaw Nation of Oklahoma, Jena Band of Choctaw Indians,
Muscogee (Creek) Nation, and Kialegee Tribal Town of the Muscogee
(Creek) Nation.
    For purposes of commenting on the Programmatic Agreement, we
propose to make changes to the existing restricted service list, issued
on August 12, 2013, for Project No. 13102-003 as follows:
    Replace ``Joseph Giliberti'' with ``Matthew Grunewald.''
    Change the address for Lisa C. Baker, Acting THPO, United Keetoowah
Band of Cherokee Indians, from ``20525 S. Jules Valdez Road, Tahlequah,
OK 74464'' to ``P.O. Box 746, Tahlequah, OK 74465.''
    Change the address for Chief George Tiger or Representative,
Kialegee Tribal Town of the Muscogee (Creek) Nation, from ``P.O. Box
146, Wetumpka, OK 74883'' to ``P.O. Box 188, Okemah, OK 74859.''

    Dated: November 14, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-27957 Filed 11-20-13; 8:45 am]
BILLING CODE 6717-01-P


Sulfuryl Fluoride Meeting Notes: April 30, 2019
Registrant attendees:  Tim McPherson, Douglas Products; Stephanie Stephens, Exponent
EPA attendees: Kevin Costello; Dana Friedman, Matt Manupella, Emily Rogers, Gerad Thorton, Christina Swartz, Mike Doherty, Meredith Laws
EPA and SF registrant Douglas/Exponent discussed the user survey submission recently made by the registrant, as well as previous comments made by the registrant on the evaluation of a neurotoxicity study. The EPA has not yet evaluated the submitted data or comments. The agency plans to follow up with the registrant to plan future focus meeting on the submitted data when needed. The team also discussed the progress being made on the OIG report recommendations for structural fumigants. EPA intends to provide the registrant with a draft of the clearance device testing protocol for industry comment.


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40810-40812]
[DOCID:fr14jy10-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

July 7, 2010.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER04-1181-006; ER04-1182-006; ER04-1184-006; ER04-
1186-007.
    Applicants: KGen Hot Spring LLC, KGEN Sandersville LLC, KGen Hinds
LLC, KGen Murray I and II LLC.
    Description: Notice of Change in Status of KGen Hinds LLC, et al.
    Filed Date: 07/06/2010.
    Accession Number: 20100706-5208.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Docket Numbers: ER10-1231-001.
    Applicants: Detroit Edison Company.
    Description: Detroit Edison Company submits revised unexecuted
service agreement.
    Filed Date: 07/06/2010.
    Accession Number: 20100706-0216.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 13, 2010.

    Docket Numbers: ER10-1559-000.
    Applicants: California Independent System Operator Corporation.
    Description: The California Independent System Operator Corporation
submits revisions to its tariff necessary to implement convergence
bidding in the ISO's markets.
    Filed Date: 06/25/2010.
    Accession Number: 20100628-0212.
    Comment Date: 5 p.m. Eastern Time on Friday, July 16, 2010.

    Docket Numbers: ER10-1674-000.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: Deseret Generation & Transmission Co-operative, Inc.
submits tariff filing per 35.37: Triennial Market Power Update to be
effective 7/1/2010.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-5072.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: ER10-1692-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35.13(a)(2)(iii): 2010-07-02 CAISO CRR Credit
Enhancement Amendment to be effective 9/1/2010.
    Filed Date: 07/02/2010.
    Accession Number: 20100702-5010.
    Comment Date: 5 p.m. Eastern Time on Friday, July 23, 2010.

    Docket Numbers: ER10-1709-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sierra Pacific Power Company submits an executed
Borderline Customer Agreement with California Pacific Electric Company,
LLC dated 10/8/09.
    Filed Date: 07/02/2010.
    Accession Number: 20100706-0212.
    Comment Date: 5 p.m. Eastern Time on Friday, July 23, 2010.

    Docket Numbers: ER10-1710-000.
    Applicants: Vista Energy Marketing, LP.
    Description: Vista Energy Marketing submits Notice of Cancellation
of its Rate Schedule FERC No. 1.
    Filed Date: 07/02/2010.
    Accession Number: 20100706-0210.
    Comment Date: 5 p.m. Eastern Time on Friday, July 23, 2010.

    Docket Numbers: ER10-1711-000.
    Applicants: Duke Energy Carolinas, LLC.

    Description: Duke Energy Carolinas, LLC submits Eleventh Amendment
to the Revised and Restated Interconnection Agreement with North
Carolina Electric Membership Corporation et al.
    Filed Date: 07/02/2010.
    Accession Number: 20100706-0209.
    Comment Date: 5 p.m. Eastern Time on Friday, July 23, 2010.

    Docket Numbers: ER10-1712-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sierra Pacific Power Company submits an executed
Interconnection Agreement with California Pacific Electric Company, LLC
dated 10/8/09.
    Filed Date: 07/02/2010.
    Accession Number: 20100706-0211.
    Comment Date: 5 p.m. Eastern Time on Friday, July 23, 2010.

    Docket Numbers: ER10-1715-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corporation submits revised
page to Exhibit 2-H to its Agreement dated July 18, 2007 with the City
of Marshfield.
    Filed Date: 07/06/2010.
    Accession Number: 20100706-0208.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Docket Numbers: ER10-1716-000.
    Applicants: East Coast Power & Gas, LLC.
    Description: East Coast Power and Gas, LLC submits Petition for
Acceptance of Initial Tariff, Waivers and Blanket Authorization.
    Filed Date: 07/06/2010.
    Accession Number: 20100706-0207.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Docket Numbers: ER10-1717-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits revisions to the
Amended and Restated Operating Agreement of PJM's Schedule 1 and the
Open Access Transmission Tariff Attachment K Appendix.
    Filed Date: 07/06/2010.
    Accession Number: 20100706-0213.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Docket Numbers: ER10-1718-000.
    Applicants: Northern States Power Company.
    Description: Northern States Power Company submits an unexecuted
version of a Transmission Capacity Exchange Agreement, FERC Electric
Rate Schedule Original Volume 1.
    Filed Date: 07/06/2010.
    Accession Number: 20100706-0214.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Docket Numbers: ER10-1719-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sierra Pacific Power Company submits a Rate Schedule
FERC 55, which is a consolidated version of an executed power service
agreement.
    Filed Date: 07/02/2010.
    Accession Number: 20100706-0218.
    Comment Date: 5 p.m. Eastern Time on Friday, July 23, 2010.

    Docket Numbers: ER10-1720-000.
    Applicants: Dry Lake Wind Power II LLC.
    Description: Dry Lake Wind Power II LLC submits tariff filing per
35.12: 20100706--initial tariff to be effective 9/4/2010.
    Filed Date: 07/06/2010.
    Accession Number: 20100706-5093.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Docket Numbers: ER10-1721-000.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Wabash Valley Power Association, Inc. submits tariff
filing per 35.12: WVPA Baseline Formulary Rate Tariff to be effective
7/6/2010.
    Filed Date: 07/06/2010.
    Accession Number: 20100706-5105.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Docket Numbers: ER10-1722-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per to Order 719 Compliance Filing--Schnell (Hunton), to
be effective 7/6/2010.
    Filed Date: 07/07/2010.
    Accession Number: 20100707-5000.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 28, 2010.

    Docket Numbers: ER10-1723-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Company submits tariff
revisions to its Formula Rate Wholesale Sales Tariff, effective 9/1/10.
    Filed Date: 07/06/2010.
    Accession Number: 20100707-0201.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Docket Numbers: ER10-1724-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Company submits tariff
revisions to the Restated Power Service Agreement between WE and WPPI
Energy, effective 9/1/10.
    Filed Date: 07/06/2010.
    Accession Number: 20100707-0202.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Docket Numbers: ER10-1725-000.
    Applicants: Hardscrabble Wind Power LLC.
    Description: Hardscrabble Wind Power LLC submits tariff filing per
35.12: 20100707--initial tariff to be effective 9/5/2010.
    Filed Date: 07/07/2010.
    Accession Number: 20100707-5055.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 28, 2010.

    Docket Numbers: ER10-1726-000.
    Applicants: RRI Energy Wholesale Generation, LLC.
    Description: RRI Energy Wholesale Generation, LLC submits tariff
filing per 35.12: Baseline Filing to be effective 8/1/2010.
    Filed Date: 07/07/2010.
    Accession Number: 20100707-5072.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 28, 2010.

    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA10-11-000.
    Applicants: Avista Corporation.
    Description: Avista Corporation submits revisions to its Open
Access Transmission Tariff.
    Filed Date: 07/06/2010.
    Accession Number: 20100706-0217.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 27, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do

not lie in dockets that are qualifying facility self-certifications or
self-recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-17149 Filed 7-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 26, 2007 (Volume 72, Number 80)]
[Notices]
[Page 20846]
[DOCID:fr26ap07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act; Notice of Meeting, Notice of Vote, Explanation of
Action Closing Meeting and List of Persons To Attend

April 19, 2007.
    The following notice of meeting is published pursuant to Section
3(a) of the Government in the Sunshine Act (Pub. L. No. 94-409), 5
U.S.C. 552b:

Agency Holding Meeting: Federal Energy Regulatory Commission.

Date and Time: April 26, 2007, 9:30 a.m.

Place: Room 2C, Commission Meeting Room, 888 First Street, NE.,
Washington, DC 20426.

Status: Closed.

Matters to be Considered: Non-Public, Investigations and Inquiries,
Enforcement Related Matters.

For Further Information Contact: Kimberly D. Bose, Secretary, Telephone
(202) 502-8400.
    Chairman Kelliher and Commissioners Kelly, Spitzer, Moeller, and
Wellinghoff voted to hold a closed meeting on April 26, 2007. The
certification of the General Counsel explaining the action closing the
meeting is available for public inspection in the Commission's Public
Reference Room at 888 First Street, NE., Washington, DC 20426.
    The Chairman and the Commissioners, their assistants, the
Commission's Secretary, the General Counsel and members of his staff,
and a stenographer are expected to attend the meeting. Other staff
members from the Commission's program offices who will advise the
Commissioners in the matters discussed will also be present.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-7958 Filed 4-25-07; 8:45 am]

BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request USEPA/ Office of Enforcement and Compliance Assurance 2. OMB control number b. G None a. 2060  0416 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c.

Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one)

a.

Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes

No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a.

Three years from approval date b. G Other Specify: / /___

7. Title NESHAP for Portland Cement ( 40 CFR part 63, subpart LLL) ( Renewal)

8. Agency form number( s) ( If applicable) EPA ICR Number: 1801.04 9. Keywords Environmental protection, air pollution control, Clean Air Act, Portland cement, cement 10. Abstract Owners or operators of portland cement manufacturing facilities must submit notifications and reports and maintain records of specific information needed to determine if compliance has been achieved.

11. Affected public ( Mark primary with " P" and all others that apply with " X")

a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f.

State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c.

Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 107 b. Total annual responses 418 1. Percentage of these responses collected electronically 10 % c. Total hours requested 17,526 d. Current OMB inventory 53,181 e. Difference ( 35,655) f. Explanation of difference 1. Program Change 0 2. Adjustment ( 35,655) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 792 c. Total annualized cost requested $ 792 d. Current OMB inventory $ 685 e. Difference $ 107 f. Explanation of difference 1. Program change 0 2. Adjustment $ 107 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g.

Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply)

a.

Recordkeeping b. Q Third party disclosure c.

Reporting 1.

On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5.

Semi annually 6. Q Annually 7. Q Biannually 8.

Other ( describe) Initially 17. Statistical methods Does this information collection employ statistical methods?

Q Yes

No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Leonard Lazarus Phone: ( 202) 564 6369 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

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 terminology 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):

( 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 ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Michael S. Alushin, Director Compliance Assessment and Media Programs Division Office of Compliance Office of Enforcement and Compliance Assurance Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C. § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of:

"( i) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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."

OMB 83 I ( Instructions) 10/ 95