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March 22, 2004 Supporting Statement for a Request for OMB Review under The Paperwork Reduction Act 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection Title: Request for Contractor Access to TSCA Confidential Business Information EPA ICR No. 1250.07; OMB Control No. 2070 0075 1( b) Short Characterization Each Federal or contractor employee who will use Toxic Substances Control Act ( TSCA) Confidential Business Information ( CBI) in the performance of his or her duties must be authorized for access to TSCA CBI through a multi step process. The TSCA Confidential Business Information Security Manual ( EPA Publication 7700, as revised 10/ 2003 ( Attachment # 3)) provides Federal and contractor employees with guidelines and operating procedures for handling TSCA CBI while performing their official duties.

The EPA form ( Attachment # 2) entitled " TSCA CBI Access Request, Agreement, and Approval" ( EPA Form 7740 6) will be used by the Information Management Division ( IMD), Office of Pollution Prevention and Toxics ( OPPT), to collect information about contractor personnel so that the Agency can evaluate their suitability for access to TSCA CBI. The information is stored on the OPPT Confidential Business Information Tracking System ( CBITS).

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection This information collection request is necessary to protect information under provisions of TSCA section 14 ( Attachment # 1). It is necessary for EPA to provide guidance to its employees, other Federal agencies and contractors on the proper handling of CBI submitted to EPA under TSCA.

This information collection activity is necessary to protect confidential information submitted to the Agency as mandated by TSCA section 14 and is consistent with 5 CFR 1320.6. The consequences of not collecting these data could be monumental to private industry. Under TSCA, industry is required to submit data that may be deemed to be confidential, such as formulas and financial information related to chemicals companies plan to produce. EPA is obligated to protect these data as outlined by TSCA section 14. In addition, the Agency could possibly harm businesses if these data were released to competitors.

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The information collected by this request will be used to evaluate contractor personnel who will be authorized for access to TSCA CBI. Therefore the collection of information is necessary to provide the protection mandated by TSCA.

2( b) Use/ Users of the Data The information will be maintained within OPPT in paper copy files and in an automated security access tracking system ( CBITS, AXCON module) with access limited to the OPPT TSCA Security Officer and Document Control Officers ( DCOs) in OPPT, other parts of EPA, in Regional Offices and at contractor firms.

The information will also be used to generate a monthly TSCA Authorized Access List for distribution to DCOs for verification of Federal and contractor employees authorized access to TSCA CBI. The information provided by contractor employees will not be released to sources who do not have a valid " need to know." Information submitted by one contractor will not be shared with another EPA contractor. If this information is not collected by the Agency, EPA will not be able to evaluate the suitability of its contractor employees for TSCA CBI access.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non Duplication No other Federal agency or department could provide the information necessary for EPA to authorize contractor personnel for access to TSCA CBI. The data being collected are not available from any other sources and can only be collected from individuals themselves.

3( b) Public Notice Required Prior to ICR Submission to OMB In proposing to renew this ICR, EPA provided a 60 day public notice and comment period that ended on June 16, 2003 ( 68 FR 18202, April 15, 2003). EPA received no comments during the comment period.

3( c) Consultations In preparing this renewal, EPA initiated formal consultations with several respondents , two of which provided EPA with comments on the proposed renewal. The two respondents were Mr. Peter Wendolkowski, ASRC Aerospace Corporation, Washington, D. C., telephone: 202 564 8931, e mail wendolkowski. peter@ epa. gov and Ms. Beverly Jackson, Chemical Abstracts Service ( CAS), Columbus, OH, e mail bjackson@ cas. org. Both Mr. Wendolkowski's comments ( dated April 11, 2003) and Ms. Jackson's comments ( dated April 7, 2003) were generally supportive of the Request for Contractor Access to TSCA CBI information collection in its current format. EPA made no substantive changes to the ICR offered for public review based on their comments. To view those comments, see Attachment # 4.

3( d) Effects of Less Frequent Collection

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This is a one time information collection, if the clearance is renewed annually. When a clearance lapses, then a repeat of the initial collection is required.

3( e) General Guidelines This information collection complies with the general guidelines found at 5 CFR 1320.5. EPA intends to continue to omit the inclusion of a specific expiration date on the final form. The information collected on this form has only been modified once in over 10 years  and then only slightly ( i. e., expanded request for Social Security Number, to allow for other identification numbers to be used). That slight modification only occurred recently and no other modifications are planned. Under the PRA, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control number for EPA's regulations in 40 CFR, after initial display in the final rule, are listed in 40 CFR part 9. For forms, in addition to the required inclusion of the OMB control number for the ICR containing the form, EPA has traditionally included the expiration date of the ICR on the form. Since the ICR must be renewed every three years, inclusion of an expiration date on the form would require EPA to also amend the form every three years. Revising the form every three years creates unnecessary burdens for both EPA and those who must complete the form, particularly frequent users. Since inclusion of the expiration date on the form in these circumstances provides little to no value for the public, EPA intends to omit it on the form( s) under this ICR.

3( f) Confidentiality The information collected is stored at EPA Headquarters in paper files and in a secured local area network, the Confidential Business Information Tracking System ( CBITS) AXCON module. Any information that is discarded from the system is shredded. The EPA form used to collect these data contains a Privacy Act statement that complies with the Privacy Act and OMB Circular 108.

3( g) Sensitive Questions There are no sensitive questions contained in this information collection.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ North American Industry Classification System ( NAICS) Codes EPA procures contract support to facilitate the performance of certain duties. EPA may require contractors to handle TSCA CBI. Each contractor employee who will use TSCA CBI in the performance of his or her duties must be authorized for access to TSCA CBI. The TSCA Confidential Business Information Security Manual ( revised 10/ 2003) ( Attachment # 3) mandates contractor personnel to submit to EPA the " TSCA CBI Access Request, Agreement, and Approval" form ( EPA Form 7740 6).

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NAICS Codes: 514  Information Services 561  Administrative and Support Services 4( b) Information Requested ( i) Data Items To complete the form, the contractor employee must: describe why access to TSCA CBI is necessary for the successful performance of his or her duties under the contract; identify, by section of TSCA, the types of CBI to which access is needed; and provide personal identification information. Because the threat of identity theft is on the rise, the form has been modified to allow for a substituted identification number, to replace the Social Security Number. Justification statements are provided on the form and the employee only has to designate which statement ( A, B, C, D or Other) is applicable In addition, the contractor must appoint an employee to serve as a liaison ( DCO) between EPA and the contractor to handle issues relating to employee access to TSCA CBI. Contractor responsibilities for maintaining the access list are explained under Chapter 2. D. l. f of the TSCA Confidential Business Information Security Manual. Contractor DCOs must ensure that contractor employees read the security manual and attend a security briefing. The DCO is responsible for conducting a review, on a monthly basis, of the TSCA CBI Authorized Access List to determine whether any names should be added to or deleted from the list or whether any employee's access authority should be broadened or narrowed. Any changes to the list require approval by the EPA Project Officer and the OPPT DCO.

( ii) Respondent Activities The process that contractor employees must go through in order to be authorized access to TSCA CBI entails the following:

( 1) Read EPA Form 7740 6. ( 2) Gather required information and complete the form. ( 3) Submit the form to the contractor DCO for processing, compilation and review. ( 4) The contractor DCO files an in house reference copy of the form. ( 5) The contractor DCO forwards the form to the EPA Project Officer ( or Delivery Order Project Officer) for signature and to forward on to the OPPT DCO for further review and processing. ( 6) The contractor employee views the TSCA CBI security video.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities  Inventory The contractor DCO forwards the EPA Form 7740 6 submitted by a contractor employee

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to the EPA Project Officer. The Project Officer then signs the form ( Section V) and forwards the form to the OPPT DCO. OPPT DCO staff review the form for completeness. The form is processed by the DCO staff and appropriate authorizing signatures are obtained; the OPPT DCO is the final approval authority. The information on the form is then entered into the CBITS AXCON module.

The information is retained within OPPT in paper copy files. The information is entered into CBITS with access limited to the OPPT Security Staff and other Agency and Regional Office DCOs. Current plus one year of contractor information is maintained in the paper files. Paper files are destroyed by shredding after a contractor employee has relinquished his/ her access.

5( b) Collection Methodology and Management Once processed within OPPT, each EPA Form 7740 6 is reviewed by an EPA Project Officer and the OPPT DCO, and the data are entered into CBITS. The monthly TSCA CBI Access List, which acts as a quality check on data entry accuracy, is produced, published and distributed to TSCA DCOs. There is no public access to the TSCA CBI Authorized Access List, nor to any of the information stored in the CBITS AXCON module.

CBITS is housed on a secured Local Area Network with OPPT internal access only. The system is available to CBI cleared users exclusively.

5( c) Small Entity Flexibility All contractors regardless of company size are treated in the same manner. The collection process is simple and straightforward and can be completed quickly.

5( d) Collection Schedule The information is collected once per each individual contractor employee requesting access authorization to TSCA CBI, provided there is no lapse in clearance and the individual does not relinquish his or her TSCA CBI access authorization.

6. Estimating the Burden and Cost of the Collection 6( a) Estimating Respondent Burden Eligible contractors were directly contacted in the development of earlier versions of this ICR to determine the amount of time that would be required by them to complete the tasks outlined in section 3 of this ICR. Because the requirements for this ICR have not changed from the time the earlier estimates were made, the same estimates are used in this analysis. During the past three years, 19 companies under contract to EPA had a need to clear employees for access to TSCA CBI. Those firms had a total of 268 such employees cleared for access for an average of about 14 employees per firm.

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The per employee burdens are given in table 6.1. The burdens ranged from .0558 hours ( 3 minutes) for a technical worker to complete task 5 to 3.019 hours for a clerical worker to complete task 4. In previous ICRs, the breakdown of employees among managerial, technical, and clerical employees was approximately 33%, 58%, and 9% respectively. This same breakdown was used in this analysis resulting in an estimate of 89 managerial, 156 technical, and 22 clerical employees. The total annual burden hours for all firms is 415.4 hours.

Table 6.1: EMPLOYEE BURDEN ESTIMATES Collection Activities Per Employee Burden Hours Management Technical Clerical 1. Read EPA Form 7740 6 0.163 0.163 0.163 2. Gather required information and complete form. 0.224 0.1975 0.528 3. Contractor Document Control Officer process, compile, and review form. 0.0961 0.0367 1.548 4. Store, file, or maintain copy of form for in house reference. 0.1089 0.0086 3.019 5. Complete written form, obtain signatures, forward to EPA Information Management Division 0.2275 0.0558 0.971 6. View TSCA CBI Security Video 0.5 0.5 0.5 Table 6.2: TOTAL ANNUAL RESPONDENT ( CONTRACTOR) BURDEN ESTIMATES Collection Activities Burden Hours ( per year) Total Hours Management Technical Clerical 1. Read EPA Form 7740 6 14.5 25.4 3.6 43.5 2. Gather required information and complete form. 19.9 30.8 11.6 62.3 3. Contractor Document Control Officer process, compile and review form. 8.6 5.7 34.1 48.4 4. Store, file, or maintain copy of form for inhouse reference. 9.7 1.3 66.4 77.4 5. Complete written form, obtain signatures, forward to EPA Information Management Division. 20.2 8.7 21.4 50.3 6. View TSCA CBI Security Video. 44.5 78.0 11.0 133.5 Totals 117.4 149.9 148.1 415.4

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6( b) Estimating Respondent Costs Costs in this ICR have been updated using the most recent wage rates available from the Bureau of Labor Statistics' Occupational Compensation Survey 1998. These wages include fringe benefits and overhead. Wages have been updated to the fourth quarter 1999 from 1996 using the Bureau of Labor Statistics' Employment Cost Index. Current labor rates are the following:

Labor Category Hourly Rate Managerial $ 50.86 Technical $ 41.33 Clerical $ 22.42 Estimated total annual costs to the respondents are equal to $ 15,488 and are presented in table 6.3 below, by activity and labor category. There are no capital costs for the contractors associated with this collection.

Table 6.3: ANNUAL RESPONDENT ( CONTRACTOR) COST ESTIMATES Collection Activities Costs ( per year) Total Cost Management @ $ 50.86/ hr Technical @ $ 41.33/ hr Clerical @ $ 22.42/ hr 1. Read EPA Form 7740 6. $ 737 $ 1,050 $ 81 $ 1,868 2. Gather required information and complete form. $ 1,012 $ 1,273 $ 260 $ 2,545 3. Contractor Document Control Officer process, compile, and review form. $ 437 $ 236 $ 765 $ 1,438 4. Store, file, or maintain copy of form for in house reference. $ 493 $ 54 $ 1,489 $ 2,036 5. Complete written form, obtain signatures, forward to EPA Information Management Division. $ 1,027 $ 360 $ 480 $ 1,867 6. View TSCA CBI Security Video. $ 2,263 $ 3,224 $ 247 $ 5,734 Totals $ 5,969 $ 6,197 $ 3,322 $ 15,488 6( c) Estimating Agency Burden and Cost The costs and burdens to the Federal Government are presented in the table 6.4 below. The Office of Pollution Prevention and Toxics bases its burden hour estimates on prior experience in gathering and processing information associated with other information collections. Hourly wages for clerical support are based upon the salary for a GS 7, step1 ($ 15.51). Hourly costs for managerial and technical support are based upon the salary for GS 15, step 1 ($ 45.48) and GS 12, step 1 ($ 27.51), respectively. The hourly rates were taken from the U. S. Office of Personnel

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Management's 2000 General Schedule. These hourly estimates were then multiplied by 1.6 to account for benefits ( EPA Instructions for Preparing Information Collection Requests, 1992). The inflated hourly estimates yielded: $ 72.77 for managers, $ 44.02 for technical workers, and $ 27.51 for clerical workers. The total cost to the Agency to maintain the collection system is $ 40,141 per annum and the total burden was 1151.5 hours. Table 6.4: ANNUAL AGENCY BURDEN/ COST ESTIMATES Collection Activities Burden Hours ( per year) Total Hours Total Cost Management @ $ 72.77 Technical @ $ 44.02 Clerical @ $ 24.82 1. Read EPA Form 7740 6 35.5 40.0 18.5 94.0 $ 4,803 2. Gather required information and complete form. 16.5 44.5 122.0 162.5 $ 6,188 3. EPA Document Control Officer processes, compiles and reviews form. 19.0 44.5 175.0 238.5 $ 7,686 4. Complete written form and obtain appropriate signatures. 18.0 12.5 47.0 77.5 $ 3,027 5. Store, file or maintain copy of form for in house reference. 5.0 30.5 160.5 196.0 $ 5,691 6. DCO forwards form to Information Management Division 2.5 0.0 50.5 53.0 $ 1,435 7. Systems operations 5.0 150.0 175.0 330.0 $ 11,311 ( labor), $ 6,500 ( equipment)

Totals 101.5 301.5 748.5 1,151.5 $ 40,141 6( d) Total Burden Estimates Table 6.5 displays the annual burdens and costs borne by respondents and EPA, respectively, associated with preparing, filing and reviewing a notice resulting from this TSCA CBI Clearance ICR.

Table 6.5. Total Cost and Burden Summary for the Contractor Access to TSCA Confidential Business Information ICR Annual Burden Hours Annual Costs Industry 415.4 $ 15,488

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Agency 1,151 $ 40,141 6( e) Reasons for Change in Burden The estimated annual burden to contractors has decreased by 260 hours ( from 675 hours to 415 hours) from the previous ICR. This adjustment was based on the fewer numbers of contractors that need clearance ( 36 firms in the prior ICR to 19 in this ICR). Also, the costs to the industry respondents decreased by $ 23,823, because fewer employees needed clearance and because of adjustments to the methodology in the calculation of wage rates.

6( f) Burden Statement The annual public burden for this collection of information is estimated to average 1.6 hours per response. According to the Paperwork Reduction Act, " burden" means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For this collection it includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. 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 number for this information collection appears above. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

To comment on 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, EPA has established a public docket for this ICR under Docket ID No. OPPT 2003 0013, which is available for public viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Pollution Prevention and Toxics Docket is ( 202) 566 0280. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search", then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID No OPPT 2003 0013 in any correspondence. ATTACHMENTS:

[ NOTE: Unless otherwise noted, an electronic copy of the attachment is available in the electronic version of the public docket available through EDOCKET at http:// www. epa. gov/ edocket. Once in the system, select " quick search," then indicate that you'd like to search by Docket and key in the following docket ID number: OPPT 2003 0013. Search the docket index for this document by the title provided below. If you have any difficulties, please contact the technical person listed in the Federal Register notice announcing the submission of this ICR to OMB for review and approval.]

Attachment Document # 1 TSCA Section 14 ( 15 USC 2613) [ The electronic copy for this attachment is part of the electronic file for the Supporting Statement.]

# 2 Revised EPA Form 7740 6 [ The electronic copy for this attachment is available only in pdf.]

# 3 TSCA CBI Security Manual ( revised 10/ 2003) [ The electronic copy for this attachment is available only in pdf.]

# 4 Comments Received on the Proposed Renewal [ The electronic copy for this attachment is part of the electronic file for the Supporting Statement.]  1 Attachment # 1  TSCA Section 14 ( 15 USC 2613)

Sec. 2613. Disclosure of data ( a) In general  Except as provided by subsection ( b) of this section, any information reported to, or otherwise obtained by, the Administrator ( or any representative of the Administrator) under this chapter, which is exempt from disclosure pursuant to subsection ( a) of section 552 of title 5 by reason of subsection ( b)( 4) of such section, shall, notwithstanding the provisions of any other section of this chapter, not be disclosed by the Administrator or by any officer or employee of the United States, except that such information  ( 1) shall be disclosed to any officer or employee of the United States  ( A) in connection with the official duties of such officer or employee under any law for the protect ion of hea lth or the environ me n t , or ( B) for specific law enforcement purposes; ( 2) shall be disclosed to contractors with the United States and employees of such contractors if in the opinion of the Administrator such disclosure is necessary for the satisfactory performance by the contractor of a contract with the United States entered into on or after October 11, 1976, for the performance of work in connection with this chapter and under such conditions as the Administrator may specify; ( 3) shall be disclosed if the Administrator determines it necessary to protect health or the environment against an unreasonable risk of injury to health or the environment; or ( 4) may be disclosed when relevant in any proceeding under this chapter, except that disclosure in such a proceeding shall be made in such manner as to preserve confidentiality to the extent practicable without impairing the proceeding. In any proceeding under section 552( a) of title 5 to obtain information the disclosure of which has been denied because of the provisions of this subsection, the Administrator may not rely on section 552( b)( 3) of such title to sustain the Administrator's action. ( b) Data from health and safety studies ( 1) Subsection ( a) does not prohibit the disclosure of  ( A) any health and safety study which is submitted under this chapter with respect to ( i) any chemical substance or mixture which, on the date on which such study is to be disclosed has been offered for commercial distribution, or ( ii) any chemical substance or mixture for which testing is required under section 2603 of this title or for which notification is required under section 2604 of this title, and ( B) any data reported to, or otherwise obtained by, the Administrator from a health and safety study which relates to a chemical substance or mixture described in clause ( i) or ( ii) of subparagraph ( A). This paragraph does not authorize the release of any data which discloses processes used in the manufacturing or processing of a chemical substance or mixture or, in the case of a mixture, the release of data disclosing the portion of the mixture comprised by any of the chemical substances in the mixture. ( 2) If a request is made to the Administrator under subsection ( a) of section 552 of title 5 for  2 information which is described in the first sentence of paragraph ( 1) and which is not information described in the second sentence of such paragraph, the Administrator may not deny such request on the basis of subsection ( b)( 4) of such section. ( c) Designation and release of confidential data ( 1) In submitting data under this chapter, a manufacturer, processor, or distributor in commerce may ( A) designate the data which such person believes is entitled to confidential treatment under subsection ( a) of this section, and ( B) submit such designated data separately from other data submitted under this chapter. A designation under this paragraph shall be made in writing and in such manner as the Administrator may prescribe. ( 2) ( A) Except as provided by subparagraph ( B), if the Administrator proposes to release for inspection data which has been designated under paragraph ( 1)( A), the Administrator shall notify, in writing and by certified mail, the manufacturer, processor, or distributor in commerce who submitted such data of the intent to release such data. If the release of such data is to be made pursuant to a request made under section 552( a) of title 5, such notice shall be given immediately upon approval of such request by the Administrator. The Administrator may not release such data until the expiration of 30 days after the manufacturer, processor, or distributor in commerce submitting such data has received the notice required by this subparagraph. ( B) ( i) Subparagraph ( A) shall not apply to the release of information under paragraph ( 1), ( 2), ( 3), or ( 4) of subsection ( a) of this section, except that the Administrator may not release data under paragraph ( 3) of subsection ( a) of this section unless the Administrator has notified each manufacturer, processor, and distributor in commerce who submitted such data of such release. Such notice shall be made in writing by certified mail at least 15 days before the release of such data, except that if the Administrator determines that the release of such data is necessary to protect against an imminent, unreasonable risk of injury to health or the environment, such notice may be made by such means as the Administrator determines will provide notice at least 24 hours before such release is made. ( ii) Subparagraph ( A) shall not apply to the release of information described in subsection ( b)( 1) of this section other than information described in the second sentence of such subsection. ( d) Criminal penalty for wrongful disclosure ( 1) Any officer or employee of the United States or former officer or employee of the United States, who by virtue of such employment or official position has obtained possession of, or has access to, material the disclosure of which is prohibited by subsection ( a) of this section, and who knowing that disclosure of such material is prohibited by such subsection, willfully discloses the material in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $ 5,000 or imprisoned for not more than one year, or both. Section 1905 of title 18 does not apply with respect to the publishing, divulging, disclosure, or making known of, or making available, information reported or otherwise obtained under this chapter. ( 2) For the purposes of paragraph ( 1), any contractor with the United States who is furnished information as authorized by subsection ( a)( 2) of this section, and any employee of any such contractor, shall be considered to be an employee of the United States.  3 ( e) Access by Congress  Notwithstanding any limitation contained in this section or any other provision of law, all information reported to or otherwise obtained by the Administrator ( or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly authorized committee of the Congress, to such committee. Attachment # 2 TSCA CBI Access Request, Agreement, and Approval  EPA Form 7760 6 ( The electronic copy for this attachment is available only in pdf.) Attachment # 3 TSCA Confidential Business Information Security Manual ( The electronic copy for this attachment is available only in pdf.) Attachment # 4 Comments Received by EPA as a Result of Consultations with Respondents

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[ Note: Response from Peter Wendolkowski, ASRC Aerospace Corporation. Responses are in BOLD]

See below for response to the ICR survey. Please let me know if you have any questions or need additional information.

( 1) Is the data that the Agency seeks available from any public source, or already collected by another office at EPA or by another agency?

No If yes, where can you find the data? ( Does this answer indicate a true duplication, or does the input indicate that certain data elements are out there, but that they do not meet our data needs very well?)

( 2) If the agency collects this data on a cycle ( annually, every 2 years, every 3 years, etc.), think about how often it really needs to collect it. Can the agency collect the information less frequently and still produce the same outcome?

Current requirement frequency is not burdensome ( 3) Do you understood that you are required to submit this form in order to obtain access to TSCA CBI?

Yes ( 4) Would you have the capability to use an electronic version of the access form?

Yes ( 5) Would you prefer an electronic process for completing the form?

Yes ( 6) In the Agency's estimated burden and costs, are the labor rates accurate?

ASRC Aerospace rates not used for current ICR ( 7) Please provide us with an explanation of how you arrived at the estimate of burden and cost.

Peter Wendolkowski TSCA CBIC Program Manager ASRC Aerospace Corporation Phone: ( 202) 564 8931 Email: Wendolkowski. Peter@ epa. gov

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[ Note: Response from Beverly Jackson, CAS. Responses are in BOLD]

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON D. C., 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES March 4, 2003 Dear Sir/ Madam:

The U. S. Environmental Protection Agency is in the process of updating the Information Collection Request ( ICR) burden statement for the " Request for Contractor Access to TSCA Confidential Business Information". ( A copy of the current ICR is attached). We are contacting a few selected companies that must comply with these requirements in order to better understand the paperwork burdens and costs that they face. We would appreciate your participation in this survey.

The data you provide will not appear in any public documents, and will only be aggregated with information gathered from a number of other companies.

( 1) Is the data that the Agency seeks available from any public source, or already collected by another office at EPA or by another agency? NO   If yes, where can you find the data? ( Does this answer indicate a true duplication, or does the input indicate that certain data elements are out there, but that they do not meet our data needs very well?)

( 2) If the agency collects this data on a cycle ( annually, every 2 years, every 3 years, etc.), think about how often it really needs to collect it. Can the agency collect the information less frequently and still produce the same outcome? YES ( 3) Do you understood that you are required to submit this form in order to obtain access to TSCA CBI? YES ( 4) Would you have the capability to use an electronic version of the access form? YES, but, CAS does not have electronic signature capabilities.

( 5) Would you prefer an electronic process for completing the form? NO ( hardcopy file preferred, more accessible).

( 6) In the Agency's estimated burden and costs, are the labor rates accurate? Not applicable, due to fixed rates according to contract.

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( 7) Please provide us with an explanation of how you arrived at the estimate of burden and cost. Not applicable.

Please provide your response to the above questions no later than April 15, 2003. If you have any questions, please contact me at ( 202) 564 8962 or email " thornton. carolyn@ epa. gov".

Thank you for your time.

Sincerely,

Carolyn Thornton / s/ Document Control Officer Office of Pollution Prevention and Toxics


Methyl Bromide Critical Use Nomination for

Post Harvest Use on Dry Cured Pork Products

For Administrative Purposes Only:

Date received by Ozone Secretariat:

YEAR:                              CUN:

Nominating Party:	The United States of America

Brief Descriptive Title of Nomination:	Methyl Bromide Critical Use
Nomination for Post-Harvest Use on Dry Cured Pork Products (Submitted in
2006 for 2008 Use Season)

Nominating Party Contact Details``

Contact Person:	John E. Thompson, Ph. D.

Title:	International Affairs Officer

Address:	Office of Environmental Policy

	U.S. Department of State

	2201 C Street N.W. Room 4325

	Washington, DC 20520

	U.S.A.

Telephone:<PHONE_NUMBER>

Fax:<PHONE_NUMBER>

E-mail:	  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Following the requirements of Decision IX/6 paragraph (a)(1), the United
States of America has determined that the specific use detailed in this
Critical Use Nomination is critical because the lack of availability of
methyl bromide for this use would result in a significant market
disruption.

( Yes                                  ( No

Signature

Name

Date

Title:

Contact or Expert(s) for Further Technical Details

Contact/Expert Person:	Richard Keigwin

Title:	Acting Director

Address:	Biological and Economic Analysis Division

	Office of Pesticide Programs

	U.S. Environmental Protection Agency

	Mail Code 7503C

	Washington, DC 20460

	U.S.A.

Telephone:<PHONE_NUMBER>

Fax:<PHONE_NUMBER>

E-mail<EMAIL_ADDRESS>

List of Documents Sent to the Ozone Secretariat in Official Nomination
Package

List all paper and electronic documents submitted by the Nominating
Party to the Ozone Secretariat

Paper Documents:

Title of Paper Documents and Appendices	Number of Pages	Date Sent to
Ozone Secretariat

electronic copies of all paper documents:

Title of Electronic Files	Size of File (kb)	Date Sent to Ozone
Secretariat

Table of Contents

  TOC \f \h \z    HYPERLINK \l "_Toc125776021"  Part A: Summary
PAGEREF _Toc125776021 \h  5

  HYPERLINK \l "_Toc125776022"  1. Nominating Party	  PAGEREF
_Toc125776022 \h  5

  HYPERLINK \l "_Toc125776023"  2. Descriptive Title of Nomination
PAGEREF _Toc125776023 \h  5

  HYPERLINK \l "_Toc125776024"  3. Situation of Nominated Methyl Bromide
Use	  PAGEREF _Toc125776024 \h  5

  HYPERLINK \l "_Toc125776025"  4. Methyl Bromide Nominated	  PAGEREF
_Toc125776025 \h  5

  HYPERLINK \l "_Toc125776026"  5. Brief Summary of the Need for Methyl
Bromide as a Critical Use	  PAGEREF _Toc125776026 \h  5

  HYPERLINK \l "_Toc125776027"  6. Methyl Bromide Consumption for Past 5
Years and Amount Required in the Year(s) Nominated	  PAGEREF
_Toc125776027 \h  7

  HYPERLINK \l "_Toc125776028"  7. Location of the Facilities Where the
Proposed Critical Use of Methyl Bromide Will Take Place	  PAGEREF
_Toc125776028 \h  9

  HYPERLINK \l "_Toc125776029"  Part B: Situation Characteristics and
Methyl Bromide Use	  PAGEREF _Toc125776029 \h  10

  HYPERLINK \l "_Toc125776030"  9. Summary of the Circumstances in which
Methyl Bromide is Currently Being Used	  PAGEREF _Toc125776030 \h  11

  HYPERLINK \l "_Toc125776031"  10.  List Alternative Techniques that
are being Used to Control Key Target Pest Species in this Sector
PAGEREF _Toc125776031 \h  11

  HYPERLINK \l "_Toc125776032"  Part C: Technical Validation	  PAGEREF
_Toc125776032 \h  12

  HYPERLINK \l "_Toc125776033"  11.  Summarize the Alternative(s) Tested
Starting with the Most Promising Alternative(s)	  PAGEREF _Toc125776033
\h  12

  HYPERLINK \l "_Toc125776034"  12.Summarize Technical Reasons, if any,
for each Alternative not being Feasible or Available for your
Circumstances	  PAGEREF _Toc125776034 \h  12

  HYPERLINK \l "_Toc125776035"  Part D: Emission Control	  PAGEREF
_Toc125776035 \h  13

  HYPERLINK \l "_Toc125776036"  13. How has this Sector Reduced the Use
and Emissions of Methyl Bromide in the Situation of the Nomination?
PAGEREF _Toc125776036 \h  13

  HYPERLINK \l "_Toc125776037"  Part E: Economic Assessment	  PAGEREF
_Toc125776037 \h  13

  HYPERLINK \l "_Toc125776038"  Costs of Alternatives Compared to Methyl
Bromide Over 3-Year Period	  PAGEREF _Toc125776038 \h  13

  HYPERLINK \l "_Toc125776039"  15. Summarize Economic Reasons, if any,
for each Alternative not being Feasible or Available for your
Circumstances	  PAGEREF _Toc125776039 \h  13

  HYPERLINK \l "_Toc125776040"  Measures of Economic Impacts of Methyl
Bromide Alternatives	  PAGEREF _Toc125776040 \h  13

  HYPERLINK \l "_Toc125776041"  Part F: Future Plans	  PAGEREF
_Toc125776041 \h  13

  HYPERLINK \l "_Toc125776042"  16. Provide a Detailed Plan Describing
how the Use and Emissions of Methyl Bromide will be Minimized in the
Future for the Nominated Use	  PAGEREF _Toc125776042 \h  13

  HYPERLINK \l "_Toc125776043"  17. Provide a Detailed Plan Describing
what Actions will be Undertaken to Rapidly Develop and Deploy
Alternatives for this Use	  PAGEREF _Toc125776043 \h  14

  HYPERLINK \l "_Toc125776044"  18. Additional Comments	  PAGEREF
_Toc125776044 \h  14

  HYPERLINK \l "_Toc125776045"  19. Citations	  PAGEREF _Toc125776045 \h
 16

  HYPERLINK \l "_Toc125776046"  Appendix A.  Methyl Bromide Usage Newer
Numerical Index	  PAGEREF _Toc125776046 \h  17

List of Tables

  TOC \f F \h \z \c "Table"    HYPERLINK \l "_Toc125776124"  Part A:
Summary	  PAGEREF _Toc125776124 \h  5

  HYPERLINK \l "_Toc125776125"  Table 4.1: Methyl Bromide Nominated For
Dry Cured Pork Products	  PAGEREF _Toc125776125 \h  5

  HYPERLINK \l "_Toc125776126"  Table A.1: Executive Summary	  PAGEREF
_Toc125776126 \h  7

  HYPERLINK \l "_Toc125776127"  Table 6.1: Methyl Bromide Consumption
for the Past 5 Years and the Amount Required in the Year(s) Nominated
(American Association of Meat Processors)	  PAGEREF _Toc125776127 \h  7

  HYPERLINK \l "_Toc125776128"  Table 6.2: Methyl Bromide Consumption
for the Past 5 Years and the Amount Required in the Year(s) Nominated
(National Country Ham Association)	  PAGEREF _Toc125776128 \h  8

  HYPERLINK \l "_Toc125776129"  Table 6.3: Methyl Bromide Consumption
for the Past 5 Years and the Amount Required in the Year(s) Nominated
(Nahunta Pork Center)	  PAGEREF _Toc125776129 \h  8

  HYPERLINK \l "_Toc125776130"  Table 6.4: Methyl Bromide Consumption
for the Past 5 Years and the Amount Required in the Year(s) Nominated
(Gwaltney of Smithfield)	  PAGEREF _Toc125776130 \h  9

  HYPERLINK \l "_Toc125776131"  Table 8.1: Key Pests for Methyl Bromide
Request	  PAGEREF _Toc125776131 \h  10

  HYPERLINK \l "_Toc125776132"  Table B.1: Characteristic of Sector
PAGEREF _Toc125776132 \h  10

  HYPERLINK \l "_Toc125776133"  Table 9.1(a.): Dry Cured Pork Products
PAGEREF _Toc125776133 \h  11

  HYPERLINK \l "_Toc125776134"  Table 9.1(b.): Fixed Facilities
PAGEREF _Toc125776134 \h  11

  HYPERLINK \l "_Toc125776135"  Part C: Technical Validation	  PAGEREF
_Toc125776135 \h  12

  HYPERLINK \l "_Toc125776136"  Table 12.1.  Summary of Technical Reason
for each Alternative not being Feasible or Available	  PAGEREF
_Toc125776136 \h  12

  HYPERLINK \l "_Toc125776137"  Part D: Emission Control	  PAGEREF
_Toc125776137 \h  13

  HYPERLINK \l "_Toc125776138"  Part E: Economic Assessment	  PAGEREF
_Toc125776138 \h  13

  HYPERLINK \l "_Toc125776139"  Part F: Future Plans	  PAGEREF
_Toc125776139 \h  13

  HYPERLINK \l "_Toc125776140"  Appendix A.  Methyl Bromide Usage Newer
Numerical Index	  PAGEREF _Toc125776140 \h  17

Part A: Summary  TC "Part A: Summary" \f F \l "1"    TC "Part A:
Summary" \f C \l "1"

1. Nominating Party  TC "1. Nominating Party" \f C \l "2"

The United States of America (U.S.)

2. Descriptive Title of Nomination  TC "2. Descriptive Title of
Nomination" \f C \l "2"

Methyl Bromide Critical Use Nomination For Post Harvest Use on Dry Cured
Pork Products (Prepared in 2006 for use in 2008)

3. Situation of Nominated Methyl Bromide Use  TC "3. Situation of
Nominated Methyl Bromide Use" \f C \l "2"

This sector is for the production of cured meat products, such as
country hams.  These are produced primarily in the southern U.S.  This
sector has no viable alternatives available.  Heat would destroy the
product and phosphine does not control mites on the curing hams.
Sulfuryl fluoride was registered in mid-July 2005 for use on this
commodity and is currently being tested to determine its efficacy on the
primary pests, especially mites.

4. Methyl Bromide Nominated  TC "4. Methyl Bromide Nominated" \f C \l
"2"

Table 4.1: Methyl Bromide Nominated For Dry Cured Pork Products  TC
"Table 4.1: Methyl Bromide Nominated For Dry Cured Pork Products" \f F
\l "1"

Year

	Nomination amount (kg)	Nomination Volume (1000 m3)

2008	19,669	1,022

5. Brief Summary of the Need for Methyl Bromide as a Critical Use  TC
"5. Brief Summary of the Need for Methyl Bromide as a Critical Use" \f C
\l "2"

Currently there are no viable alternatives to methyl bromide for the
dried meat industry:  phosphine does not control mites (a major pest)
and heat would alter the product.  Sulfuryl fluoride received a recent
federal registration and is now being tested for efficacy against the
mites and other pests of cured meat products.

In U.S. pork processing plants that produce dry-cured pork products
there are several factors that make the potential alternatives to methyl
bromide unsuitable.  These include:

Pest control efficacy of alternatives: the efficacy of alternatives may
not be comparable to MB, making these alternatives technically and/or
economically infeasible.  Phosphine, alone or in combination with carbon
dioxide does not control mites, a major pest on cured hams.  Mites are
not listed on the sulfuryl fluoride label, and there are no efficacy
data available concerning mites.

Geographic distribution of the facilities:  Facilities included in this
nomination are located in the southern U.S. where mild temperatures and
high relative humidity result in key pest pressures that are moderate to
severe.  These ambient conditions require that pests be killed because
they will only reinfest the facility after fumigation.

Age and type of facility:  older food processing facilities, especially
those constructed of wood, experience more frequent and severe pest
infestations that must be controlled by fumigation.  In the U.S. it is
usual for dry-cured processed pork to be produced in traditional
facilities.  These facilities are usually constructed of wood and many
are decades old, if not older.  Many newer facilities are constructed
using the older facilities as models.

Constraints of the alternatives: some types of commodities (e.g., those
containing high levels of fats and oils) prevent the use of heat as an
alternative because of its effect on the final product (e.g.,
rancidity).  All of the pork products are relatively high fat products
so rancidity would be a problem.  In addition, using heat will alter the
character of the final product, producing, for example, a cooked pork
product rather than a dry-cured pork product with the attendant flavor
differences.

Transition to newly available alternatives:  Sulfuryl fluoride recently
received a Federal registration on July 15, 2005.  Studies are underway
to determine if this will be an effective alternative for all the pests
of these products in commercial settings.

Delay in plant operations: e.g., the use of some alternatives can add a
delay to production by requiring additional time to complete the
fumigation process. Production delays can result in significant economic
impacts to the processors.

It is common for producers of cured pork products to experience pest
pressure from insects such as the ham skipper, the red legged ham
beetle, dermestid beetles, and mites.  These insects infest and feed on
meat as it cures and ages.  Environmental conditions (temperature and
humidity) in and around the facility strongly influence the level of
pest pressure.  Under favorable ambient conditions, such as those seen
in silo curing, pest pressure increases and a regular fumigation
schedule is recommended.  In the U.S., the Food and Drug Administration
(FDA) regulates the maximum levels of live or dead insects or insect
parts that may be present in stored food products.  Food commodities
that exceed maximum limits allowed are considered adulterated by FDA and
thus unfit for human consumption.  There are currently no alternatives
registered for use on hams in the U.S. that would provide the same level
of pest control.

Table A.1: Executive Summary  TC "Table A.1: Executive Summary" \f F \l
"1"

	National Country Ham Association	American Association of Meat
Processors	Gwaltney of Smithfield	Nahunta Pork Center

Amount of Request

	2008	Kilograms

	1,242	168,283	1,905	91

Amount of Nomination*

	2008	Kilograms

	709	18,144	726	91

* See Appendix A for complete description of how the nominated amount
was calculated.

6. Methyl Bromide Consumption for Past 5 Years and Amount Required in
the Year(s) Nominated  TC "6. Methyl Bromide Consumption for Past 5
Years and Amount Required in the Year(s) Nominated" \f C \l "2"

Table 6.1: Methyl Bromide Consumption for the Past 5 Years and the
Amount Required in the Year(s) Nominated (American Association of Meat
Processors)  TC "Table 6.1: Methyl Bromide Consumption for the Past 5
Years and the Amount Required in the Year(s) Nominated (American
Association of Meat Processors)" \f F \l "1"

	Historical Use1	Requested Use

For each year specify: 	1999	2000	2001	2002	2003	2004	2007

Amount of MB (kg)	Information not provided	168,283

Volume Treated 1000 m³	Information not provided	7,004

Formulation of MB	Information not provided

	Dosage Rate (kg/1000 m³)	Information not provided	24.03

Actual (A) or Estimate (E)	Information not provided

	1 American Association of Meat Processors did not provide historical
data.

Table 6.2: Methyl Bromide Consumption for the Past 5 Years and the
Amount Required in the Year(s) Nominated (National Country Ham
Association)  TC "Table 6.2: Methyl Bromide Consumption for the Past 5
Years and the Amount Required in the Year(s) Nominated (National Country
Ham Association)" \f F \l "1"

	Historical Use1	Requested Use

For each year specify: 	1999	2000	2001	2002	2003	2004	2007

Amount of MB (kg)	749	694	802	791	791	791	1,242

Volume Treated 1000 m³	38	33	45	43	43	43	17

Formulation of MB	Information not provided

Dosage Rate (kg/1000 m³)	19.68	21.03	18.01	18.60	18.60	18.60	73.10

Actual (A) or Estimate (E)	Information not provided

Table 6.3: Methyl Bromide Consumption for the Past 5 Years and the
Amount Required in the Year(s) Nominated (Nahunta Pork Center)  TC
"Table 6.3: Methyl Bromide Consumption for the Past 5 Years and the
Amount Required in the Year(s) Nominated (Nahunta Pork Center)" \f F \l
"1"

	Historical Use1	Requested Use

For each year specify: 	1999	2000	2001	2002	2003	2004	2007

Amount of MB (kg)	363	109	218	109	109	109	91

Volume Treated 1000 m³	16	5	9	5	5	5	4

Formulation of MB	Information not provided

Dosage Rate (kg/1000 m³)	23.3	23.3	23.3	23.3	23.3	23.3	23.3

Actual (A) or Estimate (E)	Actual

Table 6.4: Methyl Bromide Consumption for the Past 5 Years and the
Amount Required in the Year(s) Nominated (Gwaltney of Smithfield)  TC
"Table 6.4: Methyl Bromide Consumption for the Past 5 Years and the
Amount Required in the Year(s) Nominated (Gwaltney of Smithfield)" \f F
\l "1"

	Historical Use1	Requested Use

For each year specify: 	1999	2000	2001	2002	2003	2004	2007

Amount of MB (kg)	363	1,361	907	2,177	1,361	3,266	1,905

Volume Treated 1000 m³	21	21	21	21	177	177	177

Formulation of MB

	Information not provided

Dosage Rate (kg/1000 m³)	17.09	64.07	42.72	102.52	7.70	18.48	10.78

Actual (A) or Estimate (E)

	Information not provided

7. Location of the Facilities Where the Proposed Critical Use of Methyl
Bromide Will Take Place  TC "7. Location of the Facilities Where the
Proposed Critical Use of Methyl Bromide Will Take Place" \f C \l "2"

There more than 1,650 pork production facilities in the United States.
Of these, approximately 850 facilities require the use of methyl bromide
to fumigate dry cured pork products.  The other facilities smoke their
products and smoking prevents insects from invading their facilities.

General location information for the following facilities is known:
Kentucky (Cadiz, Greenville counties), Missouri (California county),
North Carolina (Boone, Goldsboro, Smithfield, Wayne counties), Virginia
(Surry county), Tennessee (various locations), and South Carolina
(various locations).

Part B: Situation Characteristics and Methyl Bromide Use  TC "Part B:
Situation Characteristics and Methyl Bromide Use" \f C \l "1"

Table 8.1: Key Pests for Methyl Bromide Request  TC "Table 8.1: Key
Pests for Methyl Bromide Request" \f F \l "1"

Genus and species for which the use of Methyl Bromide is critical	Common
Name	Specific Reason why Methyl Bromide is Needed

Necrobia rufipes – common pest	Red Legged Ham Beetle (“Ham Borer”)
The adults feed on the cured meat.  The larvae burrow into the meat and/
or fat.  Insect infested meat is adulterated and cannot be sold.1

Piophila casei – common pest	Cheese/Ham Skipper	The Skippers are
larval stages of small flies that burrow into the cured meat.

Dermestes spp-common pests	Dermested beetles

	Mite species -- common pest	Ham Mites	These mites feed and breed on the
surface of cured meats.  Uncontrolled, mite populations can increase
rapidly, reaching enormous numbers.

1 FDA regulations can be found at:
http://www.fda.gov/opacom/laws/fdcact/fdcact4.htm and
http://www.cfsan.fda.gov/~dms/dalbook.html.

Table B.1: Characteristic of Sector  TC "Table B.1: Characteristic of
Sector" \f F \l "1"

	Jan	Feb	Mar	Apr	May	June	July	Aug	Sept	Oct	Nov	Dec

Raw Material In	X	X	X	X	X	X	X	X	X	X	X	X

Fumigation Schedule (MB)	X	X	X	X	X	X	X	X	X	X	X	X

Retail Target Market Window	X	X	X	X	X	X	X	X	X	X	X	X

Raw pork product material can come into a curing facility in any month
of the year.

The Methyl Bromide fumigation schedule will vary depending on several
factors such as:

1.  Type of pork product - Bone-in products have a higher probability of
pest infestation since the pests are attracted to the bone, and these
products typically age for longer periods of time.

2.  Type of structure/facility - Typically, older curing facilities have
a higher probability of pest infestations, which could be attributed to
the lack of air tightness of the facility.  A majority of the newer
facilities have lower pest pressure due to increased air tightness.
Additionally, silo facilities, those that are two to three stories in
height, have a higher probability of insect infestations when compared
to a single story facility.

A single curing and ham storage operation can typically process
10,307,878 kilograms (11,362.5 U.S. tons) of pork products each year.
The curing facilities are fumigated with methyl bromide when pests are
detected in the product or the smokehouses.  This fumigation typically
occurs about three to five times during a typical year.  During this
process the curing house, typically a small building (e.g. four
stories), is covered with tarp and fumigated while full of hams.

3. Type of curing - Curing can be achieved by either temperature
controlled room curing, or by ambient curing.  Ambient curing, which
involves uncontrolled environmental conditions, typically requires a
regular fumigation schedule due to consistently high levels of pest
infestations.

4.  Location/climate of structure/facility - These curing facilities are
located in southeastern states, where the temperature and humidity are
higher for longer periods of time throughout the year and, therefore,
there is a greater opportunity for pests to be active for longer periods
of time. As the pest pressure increases, so does the need to fumigate
with methyl bromide.  Curing facilities are located near slaughter
houses and feed lots, thereby having high insect populations nearby.

The retail target market window varies, but there are higher demands for
cured pork products around holidays such as Thanksgiving, Christmas, and
Easter.

9. Summary of the Circumstances in which Methyl Bromide is Currently
Being Used  TC "9. Summary of the Circumstances in which Methyl Bromide
is Currently Being Used" \f C \l "2"

Table 9.1(a.): Dry Cured Pork Products  TC "Table 9.1(a.): Dry Cured
Pork Products" \f F \l "1"

Methyl Bromide Dosage (g/m³)	Exposure Time (hours)	Temp. (ºC)	Number
of Fumigations per Year	Proportion of Product Treated at this Dose	Fixed
(F), mobile (M) or Stack (S)

24	Varies	Varies with facility, but typically in excess of 27°C (80°F)
Varies from 2-8 fumigations per year.  3-5 times per year common	Up to
100% in some facilities.	Fixed

Table 9.1(b.): Fixed Facilities  TC "Table 9.1(b.): Fixed Facilities" \f
F \l "1"

Type of Construction and Approximate age in Years	Vol (m³) or Range
Number of Facilities (e.g. 5 silos)	Gastightness Estimate*

More than 850 curing facilities use methyl bromide.  The age of the
facilities varies.	Varies	Ranges from 1 story to silo facilities.	Varies

10.  List Alternative Techniques that are being Used to Control Key
Target Pest Species in this Sector  TC "10.  List Alternative Techniques
that are being Used to Control Key Target Pest Species in this Sector"
\f C \l "2"

Currently, other than sanitation, no alternative techniques are being
used.  Sanitation is useful in increasing the time between methyl
bromide fumigations but cannot, when used alone, replace methyl bromide
fumigations.

Part C: Technical Validation  TC "Part C: Technical Validation" \f C \l
"1"    TC "Part C: Technical Validation" \f F \l "1"

11.  Summarize the Alternative(s) Tested Starting with the Most
Promising Alternative(s)  TC "11.  Summarize the Alternative(s) Tested
Starting with the Most Promising Alternative(s)" \f C \l "2"

Sulfuryl fluoride recently received a federal registration (July 15,
2005) for this use.  The industry, in cooperation with USDA, university
professors, and state researchers, is developing research to determine
the effectiveness of sulfuryl fluoride against pests, especially mites,
of cured meat products.  For further information regarding the
investigations see Section 16.

Phosphine, alone and in combination with carbon dioxide, does not
control mites, a major pest in dry cured pork products.  Additionally,
according to the phosphine label, the state of North Carolina has
further restricted the use of this alternative.  According to state
regulations, phosphine may only be used to control rats and mice, but
not insects.

12.Summarize Technical Reasons, if any, for each Alternative not being
Feasible or Available for your Circumstances  TC "12.Summarize Technical
Reasons, if any, for each Alternative not being Feasible or Available
for your Circumstances" \f C \l "2"   (For economic constraints, see
Question 15)

Table 12.1.  Summary of Technical Reason for each Alternative not being
Feasible or Available  TC "Table 12.1.  Summary of Technical Reason for
each Alternative not being Feasible or Available" \f F \l "1"

No.	Methyl Bromide Alternative	Technical reason (if any) for the
alternative not being Feasible	Estimated month/year when the technical
Constraint could be solved

1	Phosphine alone & in combination	Does not control mites.  North
Carolina has additional use restrictions.

	2	Propylene oxide	Not registered for this use in the U.S.

	3	Contact insecticides	None registered for this use in the U.S.

	4	Irradiation	See Note below

	5	Sulfuryl fluoride	Recently received federal registration (July 15,
2005).  Sulfuryl fluoride adsorbs to fats.  Efficacy studies in
commercial settings against the insect and mite pests are being planned.
Unknown

Note: Irradiation does not readily kill exposed insects, but rather
prevents further feeding and reproduction.  Although unable to feed or
reproduce, the surviving insects would still create phytosanitary
problems and the high doses required to kill exposed insects may affect
product quality.  Consumer acceptance of irradiated food would hinder
the adoption of this method.

Part D: Emission Control  TC "Part D: Emission Control" \f F \l "1"
TC "Part D: Emission Control" \f C \l "1"

13. How has this Sector Reduced the Use and Emissions of Methyl Bromide
in the Situation of the Nomination?  TC "13. How has this Sector Reduced
the Use and Emissions of Methyl Bromide in the Situation of the
Nomination?" \f C \l "2"

Nahunta and Gwaltney of Smithfield have built new facilities that are
very gas tight and consolidated buildings to reduce their request of
methyl bromide.  In addition, members of this sector are participating
in research to improve the gastightness and sanitation of their
facilities in order to reduce emissions and number of fumigations.

Part E: Economic Assessment  TC "Part E: Economic Assessment" \f F \l
"1"    TC "Part E: Economic Assessment" \f C \l "1"

14. Costs of Alternatives Compared to Methyl Bromide Over 3-Year Period
TC "Costs of Alternatives Compared to Methyl Bromide Over 3-Year Period"
\f C \l "2"

Sulfuryl fluoride received a federal registration for use on cured pork
products in the U.S on July 15, 2005.  This pesticide is being
registered by states and is being investigated for efficacy on mites and
other pests of dry cured meats.  Because of the recent registration,
economic information is not yet available; therefore, no economic
analysis was conducted.

15. Summarize Economic Reasons, if any, for each Alternative not being
Feasible or Available for your Circumstances  TC "15. Summarize Economic
Reasons, if any, for each Alternative not being Feasible or Available
for your Circumstances" \f C \l "2"

An economic analysis has not been conducted because prior to July 2005
this sector did not have an alternative registered.  This industry is
awaiting results of trial to control mites, a key pest for this sector.

Measures of Economic Impacts of Methyl Bromide Alternatives  TC
"Measures of Economic Impacts of Methyl Bromide Alternatives" \f C \l
"2"

Sulfuryl fluoride received a federal registration for use on cured pork
products in the U.S on July 15, 2005.  This pesticide is being
registered by states and is being investigated for efficacy on mites and
other pests of dry cured meats.  Because of the recent registration,
economic information is not yet available; therefore, no economic
analysis was conducted.

Part F: Future Plans  TC "Part F: Future Plans" \f C \l "1"    TC "Part
F: Future Plans" \f F \l "1"

16. Provide a Detailed Plan Describing how the Use and Emissions of
Methyl Bromide will be Minimized in the Future for the Nominated Use  TC
"16. Provide a Detailed Plan Describing how the Use and Emissions of
Methyl Bromide will be Minimized in the Future for the Nominated Use" \f
C \l "2"  .

Some of the applicants are constructing new facilities and consolidating
buildings to reduce their emissions and minimize the use of methyl
bromide in the future.

North Carolina State University and Mississippi State University
Extension and research personnel are in the process of planning an
industry-wide survey of country ham plants throughout North Carolina,
Virginia, Kentucky, Tennessee, and Missouri.  The survey will consist of
various questions related to methyl bromide use.  This will include:
method, reason, frequency of use, total amount used, seasonal usage and
application rate.  In addition, questions regarding facility
infrastructure as it affects methyl bromide utilization will be
solicited.  In January-February of 2006 audit teams will visit each
plant applying for an exemption to survey plant conditions to ascertain
possible deficits in facilities that might lead to poor methyl bromide
utilization.

Members of this industry are cooperating with the registrant of sulfuryl
fluoride to investigate the efficacy of this chemical under commercial
conditions.  Experiments are being planned to study the effects in
curing facilities of sulfuryl fluoride on ham skippers, red-legged ham
beetles, and mites.

For further details regarding the transition plans for this sector
please consult the national management strategy.

17. Provide a Detailed Plan Describing what Actions will be Undertaken
to Rapidly Develop and Deploy Alternatives for this Use  TC "17. Provide
a Detailed Plan Describing what Actions will be Undertaken to Rapidly
Develop and Deploy Alternatives for this Use" \f C \l "2"

Now that sulfuryl fluoride received a federal registration July 15, 2005
for this use, investigations are beginning to understand how to
incorporate this new alternative into the dry cured meat product pest
management plans.

18. Additional Comments  TC "18. Additional Comments" \f C \l "2"

Pheromone Traps

“One misconception about pheromone traps is that a pest population can
be controlled by deploying these traps—that is not true for most
situations.  Traps usually attract only a small percentage of the
population that is within the effective range of the trap.  Also,
female-produced sex pheromones attract only males; the females that lay
eggs and perpetuate the infestation are not affected.  Since males of
the many insect species will mate with multiple females, any males that
are not trapped can easily contribute to the production of a subsequent
generation of pests.  New methods are being researched for using
pheromones in pest suppression, but current uses of pheromone traps are
best used only for monitoring purposes.” (Arthur and Phillips 2003)

Sulfuryl Fluoride

There are some industry concerns regarding sulfuryl fluoride.  Primarily
that it is temperature dependent and that higher concentrations are
necessary to kill eggs of insect pests.  The post harvest industry is
very concerned about the price of sulfuryl fluoride at these
concentrations required to control all life stages of pests, especially
when temperatures are low.

19. Citations  TC "19. Citations" \f C \l "2"

Bell, C.H.  2000.  Fumigation in the 21st Century.  Crop Protection,
19:563-69.

Appendix A.  Methyl Bromide Usage Newer Numerical Index  TC "Appendix A.
 Methyl Bromide Usage Newer Numerical Index" \f F \l "1"

Footnotes for Appendix A:

		Values may not sum exactly due to rounding.

Dichotomous Variables – dichotomous variables are those which take one
of two values, for example, 0 or 1, yes or no.  These variables were
used to categorize the uses during the preparation of the nomination.

Currently Use Alternatives – Currently use alternatives is ‘yes’
if the applicant uses alternatives for some portion of pesticide use on
the crop for which an application to use methyl bromide is made.

Pest-free Requirements - This variable is a ‘yes’ when the product
must be pest-free in order to be sold either because of U.S. sanitary
requirements or because of consumer acceptance.

Other Issues.- Other issues is a short reminder of other elements of an
application that were checked

Frequency of Treatment of Product – This indicates how often methyl
bromide is applied in the sector.  Frequency varies from multiple times
per year to once in several decades.

Quarantine and Pre-Shipment Removed? – This indicates whether the
Quarantine and pre-shipment (QPS) hectares subject to QPS treatments
were removed from the nomination.

Most Likely Combined Impacts (%) – Adjustments to requested amounts
were factors that reduced to total amount of methyl bromide requested by
factoring in the specific situations were the applicant could use
alternatives to methyl bromide.  These are calculated as proportions of
the total request.  We have tried to make the adjustment to the
requested amounts in the most appropriate category when the adjustment
could fall into more than one category.

Regulatory Issues (%) - Regulatory issues (%) is the percent (%) of the
requested area where alternatives cannot be legally used (e.g., township
caps) pursuant to state and local limits on their use.

Key Pest Distribution (%) - Percent (%) of the requested area with
moderate to severe pest problems.  Key pests are those that are not
adequately controlled by MB alternatives.  For structures/ food
facilities and commodities, key pests are assumed to infest 100% of the
volume for the specific uses requested in that 100% of the problem must
be eradicated.

Total Combined Impacts (%) - Total combined impacts are the percent (%)
of the requested area where alternatives cannot be used due to key pest,
regulatory, and new fumigants.  In each case the total area impacted is
the conjoined area that is impacted by any individual impact.  The
effects were assumed to be independently distributed unless contrary
evidence was available (e.g., affects are known to be mutually
exclusive).

Most Likely Baseline Transition – Most Likely Baseline Transition
amount was determined by the DELPHI process and was calculated by
determining the maximum share of industry that can transition to
existing alternatives.

(%) Able to Transition – Maximum share of industry that can transition

Minimum # of Years Required – The minimum number of years required to
achieve maximum transition.

(%) Able to Transition per Year – The Percent Able to Transition per
Year is the percent able to transition divided by the number of years to
achieve maximum transition.

EPA Adjusted Use Rate - Use rate is the lower of requested use rate for
2008 or the historic average use rate or is determined by MBTOC
recommended use rate reductions.

2008 Amount of Request – The 2008 amount of request is the actual
amount requested by applicants given in total pounds active ingredient
of methyl bromide, total volume of methyl bromide use, and application
rate in pounds active ingredient of methyl bromide per 1,000 cubic feet.
 U.S. units of measure were used to describe the initial request and
then were converted to metric units to calculate the amount of the US
nomination.

EPA Preliminary Value – The EPA Preliminary Value is the lowest of the
requested amount from 2005 through 2008 with MBTOC accepted adjustments
(where necessary) included in the preliminary value.

EPA Baseline Adjusted Value – The EPA Baseline Adjusted Value has been
adjusted for MBTOC adjustments, QPS, Double Counting, Growth, Use Rate/
Strip Treatment, Miscellaneous adjustments, and Combined Impacts.

EPA Transition Amount – The EPA Transition Amount is calculated by
removing previous transition amounts since transition was introduced in
2007 and removing the amount of the percent (%) Able to Transition per
Year multiplied by the EPA Baseline Adjusted Value.

Most Likely Impact Value – The qualified amount of the initial request
after all adjustments have been made given in total kilograms of
nomination, total volume of nomination, and final use rate of
nomination.

Sector Research Amount – The total U.S. amount of methyl bromide
needed for research purposes in each sector.

Total US Sector Nomination - Total U.S. sector nomination is the most
likely estimate of the amount needed in that sector.

U. S. Dry Cured Pork Products	  PAGE  7