U.
S.
ENVIRONMENTAL
PROTECTION
AGENCY
OFFICE
OF
PREVENTION,
PESTICIDES,
AND
TOXIC
SUBSTANCES
(
OPPTS)
1200
Pennsylvania
Avenue,
N.
W.
,
Washington,
D.
C.
20460
OMB
REVIEW
UNDER
EXECUTIVE
ORDER
12866
DOCUMENTATION
OF
CHANGES
MADE
DURING
OMB
REVIEW
Title
of
Action:
Inventory
Update
Rule
Amendments;
Final
Rule
Docket
#:
OPPT­
2002­
0054
FRL#:
6767­
4
RIN
#:
2070­
AC61
This
action
was
submitted
to
the
Office
of
Management
and
Budget
(
OMB)
for
review
under
Executive
Order
12866,
which
is
entitled
Regulatory
Planning
and
Review
(
58
FR
51735,
October
4,
1993).
According
to
section
6(
a)(
3)(
E)
of
the
Executive
Order,
whenever
the
Agency
makes
publicly
available
a
regulatory
action
that
was
reviewed
under
Executive
Order
12866,
the
Agency
is
also
required
to
make
certain
information
available
to
the
public.
[
Please
check
the
appropriate
box
below:]

G
For
this
regulatory
action,
no
substantive
changes
were
made
to
the
document.
Accordingly,
this
rulemaking
docket
contians
a
copy
of
the
information
that
was
provided
to
OMB's
Office
of
Information
and
Regulatory
Affairs
(
OIRA)
for
review
under
to
the
Executive
Order,
i.
e.,
the
text
of
the
draft
regulatory
action
and
an
assessment
of
the
potential
costs
and
benefits;
as
well
as
additional
information
required
for
those
actions
that
are
determined
to
be
significant
under
section
3(
f)
of
the
Executive
Order.


For
this
regulatory
action,
substantive
changes
were
made
to
the
document.
Accordingly,
this
rulemaking
docket:

1)
contains
a
copy
of
the
information
that
was
provided
to
OMB's
Office
of
Information
and
Regulatory
Affairs
(
OIRA)
for
review
under
to
the
Executive
Order,
i.
e.,
the
text
of
the
draft
regulatory
action
and
an
assessment
of
the
potential
costs
and
benefits;
as
well
as
additional
information
required
for
those
actions
that
are
determined
to
be
significant
under
section
3(
f)
of
the
Executive
Order;
and
2)
the
attached
information
identifies
any
substantive
changes
that
were
made
to
the
draft
regulatory
text
that
was
submitted
to
OIRA,
and
which
subsequently
published.

Additional
Comments:

If
you
have
any
questions
about
this
action,
please
call
the
contact:
Name:
Susan
Sharkey
E­
Mail:
sharkey.
susan@
epa.
gov
Phone:
202­
564­
8987
RCS
­
OMB­
7f
(
04/
15/
97)
Substantive
Changes
Made
to
the
IURA
Final
Rule
Submission
Draft
Provided
to
OMB
for
E.
O
12866
Review
On
April
17,2002,
EPA
submitted
the
draft
final
rule
to
the
Office
of
Management
and
Budget
(
OMB)
for
review
under
E.
O.
12866.
The
Inter­
agency
review
included
representation
from
the
Small
Business
Administration
(
SBA).
OMB
concluded
its
review
on
July
12,
2002.

Significant
comments,
raised
by
OMB
during
its
review
in
2002,
focused
on
three
areas:
EPA's
ability
to
use
the
IURA
information,
potential
duplication
with
other
data
sources,
and
the
burden
associated
with
the
collection.
The
Agency
addressed
these
comments
by:

1.
Developing
a
data
use
plan
which
contained
examples
illustrating
specific,
detailed
uses
of
the
IURA
data.

2.
Conferring
with
the
U.
S.
Geological
Survey
(
USGS)
to
determine
if
their
collection
instrument
could
be
altered
to
fulfill
the
needs
of
the
IURA
for
certain
chemicals.
The
resulting
decision
made
between
USGS
and
EPA
staff
was
that
the
USGS
surveys
could
not
be
modified
to
fulfill
EPA
needs.
EPA
also
investigated
a
large
number
of
other
publicly
available
sources
of
information
on
chemicals,
and
determined
that
none
of
those
sources,
or
a
combination
of
sources,
satisfied
the
needs
IURA
was
designed
to
meet.

3.
Adding
a
partial
exemption
for
specifically
listed
chemical
substances
that
are
of
low
current
interest,
and
developing
a
petition
process
to
allow
changes
to
this
list.

4.
Agreeing
to
reduce
the
reporting
burden
of
the
IURA
by
a.
not
finalizing
the
reassertion
requirement
for
CBI
claims
and
b.
changing
the
reporting
cycle
from
every
4
years
to
every
5
years,
after
the
first
reporting
period
under
the
IURA.
This
change
will
be
made
in
a
future
Federal
Register
notice
and
is
not
included
in
the
enclosed
document.

In
addition
to
OMB's
comments,
the
Agency
also
received
comments
from
SBA,
which
were
submitted
as
a
part
of
the
Interagency
review
process
under
E.
O.
12866.
SBA
agreed
with
the
OMB
issues
and
also
raised
a
concern
about
the
clarity
of
the
"
for
use
by
children"
definition.
The
Agency
revised
the
definition
to
provide
further
explanation
and
clarity.

EPA
made
a
substantive
change
to
the
codification
approach
of
the
final
rule.
EPA's
submission
to
the
interagency
review
created
a
new
part
711
for
the
IURA,
leaving
part
710
intact.
This
approach
was
different
from
the
proposal,
which
revised
part
710.
Creating
a
new
part
711
would
preserve
part
710
for
the
2002
reporting
cycle,
which
needed
to
proceed
on
schedule
and
with
minimal
confusion.
However,
the
Agency
realized
that
the
part
711
approach
would
likely
result
in
several
significant
complications
for
both
EPA
and
the
regulated
community.
EPA
therefore
returned
to
amending
part
710,
which
required
a
modification
to
the
interagency
review
submissions
of
the
amendatory
language
in
the
regulatory
text
and
the
related
discussions
throughout
the
preamble.
The
end
result
is
an
amended
part
710
that
contains
the
existing
provisions
of
IUR
and
the
new
provisions
of
IURA
in
newly
created
subparts.
