[
Federal
Register:
June
30,
2004
(
Volume
69,
Number
125)]
[
Notices]
[
Page
39464­
39466]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr30jn04­
66]

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
[
OPPT­
2004­
0098;
FRL­
7365­
8]

TSCA
Section
4
Test
Rules,
Consent
Orders,
Test
Rule
Exemptions,
and
Voluntary
Data
Submission;
Request
for
Comment
on
Renewal
of
Information
Collection
Activities
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Notice.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

SUMMARY:
In
compliance
with
the
Paperwork
Reduction
Act
(
PRA)
(
44
U.
S.
C.
3501
et
seq.),
EPA
is
seeking
public
comment
and
information
on
the
following
Information
Collection
Request
(
ICR):
TSCA
Section
4
Test
Rules,
Consent
Orders,
Test
Rule
Exemptions,
and
Voluntary
Data
Submission
(
EPA
ICR
No.
1139.07,
OMB
Control
No.
2070­
0033).
This
ICR
involves
a
collection
activity
that
is
currently
approved
and
scheduled
to
expire
on
October
31,
2004.
The
information
collected
under
this
ICR
relates
to
protecting
public
health
and
the
environment
by
assuring
that
chemicals
that
may
pose
serious
risks
undergo
testing
by
manufacturers
or
processors.
EPA
uses
the
information
collected
under
the
authority
of
the
Toxic
Substances
Control
Act
(
TSCA)
section
4
activity
to
assess
any
risks
associated
with
the
manufacture,
processing,
distribution,
use
or
disposal
of
a
chemical,
and
to
support
any
necessary
regulatory
action
with
respect
to
that
chemical.
The
ICR
describes
the
nature
of
the
information
collection
activity
and
its
expected
burden
and
costs.
Before
submitting
this
ICR
to
the
Office
of
Management
and
Budget
(
OMB)
for
review
and
approval
under
the
PRA,
EPA
is
soliciting
comments
on
specific
aspects
of
the
collection.

DATES:
Written
comments,
identified
by
the
docket
ID
number
OPPT­
2004­
0098,
must
be
received
on
or
before
August
30,
2004.

ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
For
general
information
contact:
Colby
Lintner,
Regulatory
Coordinator,
Environmental
Assistance
Division
(
7408M),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460­
0001;
telephone
number:
(
202)
554­
1404;
e­
mail
address:
TSCA­
Hotline@
epa.
gov.

For
technical
information
contact:
Keith
Cronin,
Chemical
Control
Division
(
7405M),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460­
0001;
telephone
number:
(
202)
564­
8102;
fax
number:
(
202)
564­
4775;
e­
mail
address:
cronin.
keith@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

You
may
be
potentially
affected
by
this
action
if
you
manufacture,
process
or
import,
use,
distribute
or
dispose
of
one
or
more
specified
chemical
substances.
Potentially
affected
entities
may
include,
but
are
not
limited
to:
Chemical
manufacturing
(
NAICS
325),
e.
g.,
basic
chemical
manufacturing,
resin,
synthetic
rubber,
and
artificial
and
synthetic
fibers
and
filaments
manufacturing,
paint,
coating,
and
adhesive
manufacturing,
and
other
chemical
product
and
preparation
manufacturing.
Petroleum
refineries
(
NAICS
32411),
e.
g.,
crude
petroleum
refineries,
diesel
fuels
manufacturing,
fuel
oils
manufacturing,
oil
refineries,
petroleum
distillation.
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
this
unit
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
this
action
might
apply
to
certain
entities.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
technical
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

B.
How
Can
I
Get
Copies
of
this
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPPT­
2004­
0098.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
EPA
Docket
Center,
Rm.
B102­
Reading
Room,
EPA
West,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
EPA
Docket
Center
Reading
Room
telephone
number
is
(
202)
566­
1744
and
the
telephone
number
for
the
OPPT
Docket,
which
is
located
in
EPA
Docket
Center,
is
(
202)
566­
0280.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.

An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
[[
Page
39465]]

available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

C.
How
and
to
Whom
Do
I
Submit
the
Comments?

You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
is
not
required
to
consider
these
late
comments.
If
you
wish
to
submit
CBI
or
information
that
is
otherwise
protected
by
statute,
please
follow
the
instructions
in
Unit
I.
D.
Do
not
use
EPA
Dockets
or
e­
mail
to
submit
CBI
or
information
protected
by
statute.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
in
this
unit,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
e­
mail
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
,
and
follow
the
online
instructions
for
submitting
comments.

Once
in
the
system,
select
``
search,''
and
then
key
in
docket
ID
number
OPPT­
2004­
0098.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
ii.
E­
mail.
Comments
may
be
sent
by
e­
mail
to
oppt.
ncic@
epa.
gov,
Attention:
Docket
ID
Number
OPPT­
2004­
0098.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
I.
C.
2.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
2.
By
mail.
Send
your
comments
to:
Document
Control
Office
(
7407M),
Office
of
Pollution
Prevention
and
Toxics
(
OPPT),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460­
0001.
3.
By
hand
delivery
or
courier.
Deliver
your
comments
to:
OPPT
Document
Control
Office
(
DCO)
in
EPA
East
Bldg.,
Rm.
6428,
1201
Constitution
Ave.,
NW.,
Washington,
DC.
Attention:
Docket
ID
Number
OPPT­
2004­
0098.
The
DCO
is
open
from
8
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
DCO
is
(
202)
564­
8930.

D.
How
Should
I
Submit
CBI
to
the
Agency?

Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
CBI).
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.
In
addition
to
one
complete
version
of
the
comment
that
includes
any
information
claimed
as
CBI,
a
copy
of
the
comment
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
docket
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
technical
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

E.
What
Should
I
Consider
when
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
copies
of
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
the
estimate
that
you
provide.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternative
ways
to
improve
the
collection
activity.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
notice.
8.
To
ensure
proper
receipt
by
EPA,
be
sure
to
identify
the
docket
ID
number
assigned
to
this
action
in
the
subject
line
on
the
first
page
of
your
response.
You
may
also
provide
the
name,
date,
and
Federal
Register
citation.

F.
What
Information
is
EPA
Particularly
Interested
in?
Pursuant
to
section
3506(
c)(
2)(
A)
of
PRA,
EPA
specifically
solicits
[[
Page
39466]]

comments
and
information
to
enable
it
to:
1.
Evaluate
whether
the
proposed
collections
of
information
are
necessary
for
the
proper
performance
of
the
functions
of
the
Agency,
including
whether
the
information
will
have
practical
utility.
2.
Evaluate
the
accuracy
of
the
Agency's
estimates
of
the
burdens
of
the
proposed
collections
of
information.
3.
Enhance
the
quality,
utility,
and
clarity
of
the
information
to
be
collected.
4.
Minimize
the
burden
of
the
collections
of
information
on
those
who
are
to
respond,
including
through
the
use
of
appropriate
automated
or
electronic
collection
technologies
or
other
forms
of
information
technology,
e.
g.,
permitting
electronic
submission
of
responses.

II.
What
Information
Collection
Activity
or
ICR
Does
this
Action
Apply
to?

EPA
is
seeking
comments
on
the
following
ICR:
Title:
TSCA
Section
4
Test
Rules,
Consent
Orders,
Test
Rule
Exemptions,
and
Voluntary
Data
Submission.
ICR
numbers:
EPA
ICR
No.
1139.07,
OMB
Control
No.
2070­
0033.
ICR
status:
This
ICR
is
currently
scheduled
to
expire
on
October
31,
2004.
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
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.
Abstract:
Section
4
of
TSCA
is
designed
to
assure
that
chemicals
that
may
pose
serious
risks
to
human
health
or
the
environment
undergo
testing
by
manufacturers
or
processors,
and
that
the
results
of
such
testing
are
made
available
to
EPA.
EPA
uses
the
information
collected
under
the
authority
of
TSCA
section
4
activity
to
assess
risks
associated
with
the
manufacture,
processing,
distribution,
use
or
disposal
of
a
chemical,
and
to
support
any
necessary
regulatory
action
with
respect
to
that
chemical.
EPA
must
assure
that
appropriate
tests
are
performed
on
a
chemical
if
it
decides:
(
1)
That
a
chemical
being
considered
under
TSCA
section
4(
a)
may
pose
an
``
unreasonable
risk''
or
is
produced
in
``
substantial''
quantities
that
may
result
in
substantial
or
significant
human
exposure
or
substantial
environmental
release
of
the
chemical;
(
2)
that
additional
data
are
needed
to
determine
or
predict
the
impacts
of
the
chemical's
manufacture,
processing,
distribution,
use
or
disposal;
and
(
3)
that
testing
is
needed
to
develop
such
data.
Rules
and
consent
orders
under
TSCA
section
4
require
that
one
manufacturer
or
processor
of
a
subject
chemical
perform
the
specified
testing
and
report
the
results
of
that
testing
to
EPA.
TSCA
section
4
also
allows
a
manufacturer
or
processor
of
a
subject
chemical
to
apply
for
an
exemption
from
the
testing
requirement
if
that
testing
will
be
or
has
been
performed
by
another
party.
Responses
to
the
collection
of
information
described
in
40
CFR
part
790
are
mandatory.
Responses
to
the
collection
of
information
established
by
the
High
Production
Volume
(
HPV)
Challenge
Program
are
voluntary.
Respondents
may
claim
all
or
part
of
a
notice
confidential.
EPA
will
disclose
information
that
is
covered
by
a
claim
of
confidentiality
only
to
the
extent
permitted
by,
and
in
accordance
with,
the
procedures
in
TSCA
section
14
and
40
CFR
part
2.

III.
What
are
EPA's
Burden
and
Cost
Estimates
for
this
ICR?

Under
PRA,
``
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.
The
ICR
provides
a
detailed
explanation
of
this
estimate,
which
is
only
briefly
summarized
in
this
notice.
The
annual
public
burden
for
this
collection
of
information
is
estimated
to
average
125
hours
per
response.
The
following
is
a
summary
of
the
estimates
taken
from
the
ICR:
Respondents/
affected
entities:
Entities
potentially
affected
by
this
action
are
companies
that
manufacture,
process,
import,
use,
distribute
or
dispose
of
chemicals.
Estimated
total
number
of
potential
respondents:
396.
Frequency
of
response:
On
occasion.
Estimated
total
annual
burden
hours:
177,707
hours.
Estimated
total
annual
burden
costs:
$
7,559,572.

IV.
Are
There
Changes
in
the
Estimates
from
the
Last
Approval?

This
request
reflects
a
decrease
in
the
total
estimated
burden
of
approximately
1
million
hours
(
from
1,182,574
hours
to
177,707
hours)
from
that
currently
in
the
OMB
inventory.
This
decrease
is
attributable
to
changes
in
the
Agency's
expectations
about
the
number
of
section
4
actions
it
will
issue
annually.
Additionally,
this
ICR
no
longer
describes
the
burden
related
to
the
Voluntary
Children's
Chemical
Evaluation
Program
(
VCCEP).
The
collection
activities
and
burden
related
to
the
VCCEP
are
now
described
in
a
seperate
ICR.
In
the
previous
ICR,
EPA's
estimated
burden
was
based
on
the
assumption
that
it
would
issue
3
test
rules
and
8
enforceable
consent
agreements
(
ECAs),
and
included
estimates
of
testing
needs
would
be
completed
under
the
voluntary
HPV
Challenge
Program
and
the
VCCEP.
For
this
ICR,
the
estimated
burden
is
based
on
the
Agency's
expectation
that
it
will
issue
1
test
rule
and
3
ECAs,
and
also
EPA's
estimate
of
the
expected
level
of
testing
remaining
to
be
done
under
the
HPV
Challenge
Program.

V.
What
is
the
Next
Step
in
the
Process
for
this
ICR?

EPA
will
consider
the
comments
received
and
amend
the
ICR
as
appropriate.
The
final
ICR
package
will
then
be
submitted
to
OMB
for
review
and
approval
pursuant
to
5
CFR
1320.12.
EPA
will
issue
another
Federal
Register
notice
pursuant
to
5
CFR
1320.5(
a)(
1)(
iv)
to
announce
the
submission
of
the
ICR
to
OMB
and
the
opportunity
to
submit
additional
comments
to
OMB.
If
you
have
any
questions
about
this
ICR
or
the
approval
process,
please
contact
the
technical
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

List
of
Subjects
Environmental
protection,
Reporting
and
recordkeeping
requirements.

Dated:
June
23,
2004.
Susan
B.
Hazen,
Acting
Assistant
Administrator,
Office
of
Prevention,
Pesticides
and
Toxic
Substances.

[
FR
Doc.
04­
14832
Filed
6­
29­
04;
8:
45
am]
BILLING
CODE
6560­
50­
S
