
1

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.

2

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

3

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).

4

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

5

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.

6

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

7

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

8

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

9

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

1

[
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

2

[
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.

3

(
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
