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February 8, 2018

EPA Announces ICR Submission of Unreasonable Adverse Effects Information under FIFRA Section 6(a)(2)

Lisa M. Campbell Lisa R. Burchi

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) announced that it is planning to submit an information collection request (ICR), “Submission of Unreasonable Adverse Effects Information under FIFRA Section 6(a)(2)” (EPA ICR No. 1204.13, OMB Control No. 2070-0039), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act.  

EPA states that information submitted under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 6(a)(2) “provides an important means of focusing EPA attention on key problem areas regarding the use of a particular pesticide.”  EPA states that since the last ICR was approved, it is increasing by 71,778 hours the total estimated respondent burden compared with the ICR currently approved by OMB.  This increased estimate is based in part on the number of Section 6(a)(2) submissions, which EPA expects to increase by 16 percent from 93,000 in the last ICR approval to approximately 108,000 for this ICR renewal.  According to EPA, the increase is “due to EPA’s revised expectations regarding the number of incident reports that will be submitted to the Agency, which reflects historical information on the number of responses received.”  EPA states this increase also is due to additional data requests under 40 C.F.R. Part 159, including:

  • Additional standardized post-market surveillance reporting on adverse effects and submission of sales information required by EPA following  a significant increase in the number of adverse incidents for spot-on domestic animal pet products from several registrants;
  • Additional information required by EPA from the registrant of an herbicide to help explain circumstances for incidents of alleged tree and plant damage; and 
  • Additional documentation required by EPA from neonicotinoid registrants following concerns about neonicotinoid pesticides and the loss of bee colonies. 

Through EPA’s notice, it is soliciting public comments on the proposed ICR.  EPA states that this is a proposed extension of the ICR, which is currently approved through September 30, 2018.  Comments are due by April 9, 2018.  EPA has posted supporting documents in the docket for this notice, EPA-HQ-OPP-2017-0687, on www.regulations.gov: