            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:	Notification of Chemical Exports - TSCA Section 12(b)

		EPA ICR No.:  0795.14	OMB Control No.:  2070-0030

	1(b)	Short Characterization

	Section 12(b) of the Toxic Substances Control Act (TSCA) states, in part, that any person who exports or intends to export to a foreign country a chemical substance or mixture for which submission of data is required under TSCA section 4 or 5(b), or for which a rule, action or order has been proposed or promulgated under TSCA section 5, 6, or 7, shall notify the EPA Administrator of such export or intent to export.  The Administrator in turn will notify the government of the importing country the notice and of EPA's regulatory action with respect to the substance.

	On December 16, 1980, EPA promulgated a rule implementing TSCA section 12(b) (45 FR 82844).  This final rule requires exporters to submit an annual notice for each country to which a chemical subject to TSCA section 12(b) requirements is exported.  EPA amended the regulations in July 1993 and November 2006 to reduce the overall burden of the statutory mandate on exporters (58 FR 40242, July 27, 1993; 71 FR 66324, Nov. 14, 2006). Among other things, the amendments reduced the notification requirements for exporters of chemicals subject to certain actions under TSCA sections 4 and 5 from an annual notification to a one-time notification for the first export to a particular country. Exports of chemicals subject to TSCA sections 5(f), 6, and 7 actions still require submission of annual export notifications to EPA, however. The 2006 amendments also set de minimus concentration levels below which notification would not be required and clarified that a single export notification may refer to more than one section of TSCA where the exported chemical is the subject of multiple TSCA actions. These rules are codified at 40 CFR Part 707, Subpart D.

	The export notice must include five easily ascertainable items: the name and address of the exporter, the name of the chemical, the country of import, the date of export or intended export, and the section of TSCA under which EPA has taken action (section 4, 5, 6 or 7).  There are currently over 1,000 substances or categories of substances that have been regulated or proposed to be regulated under the applicable sections of TSCA.

	In an effort to further reduce the information collection burden for TSCA section 12(b) export notification, EPA's Office of Pollution Prevention and Toxics (OPPT) developed and made available to the public on its website in 2001 a list of chemical substances subject to TSCA section 12(b) export notification requirements (see "Current List of Chemical Substances Subject to TSCA Section12(b) Export Notification Requirements" at: http://www.epa.gov/oppt/import-export/pubs/12_b_listFinal_08-21-2012.pdf).  In addition, OPPT made available in 2001 a comprehensive listing of the "sunset" dates for chemical substances subject to TSCA section 4 actions (i.e., the dates on which the TSCA section 4 testing, reimbursement, and reporting requirements and/or TSCA section 4-triggered TSCA section 12(b) export notification requirements have terminated ("sunset") or have been calculated to sunset) (see "Sunset Date/Status of TSCA Section 4 Testing, Reimbursement, and Reporting Requirements and TSCA Section 4-Triggered TSCA Section 12(b) Export Notification Requirements" at: http://www.epa.gov/opptintr/chemtest/pubs/sunsettable.html).  EPA believes that these lists, long recommended by industry, serve as useful tools to assist industry in complying with TSCA and have resulted in an overall reduction of the information collection burden.

	Finally, this paragraph identifies EPA actions that are anticipated to occur during the collection period that could affect the information requirements and burden.  During the collection period covered by this ICR renewal, a number of actions under TSCA sections 4, 5, and 6 are anticipated that will trigger export notification under TSCA section 12(b).  Of course, should any of these anticipated actions impact this ICR, EPA will follow appropriate procedures to amend this ICR, as appropriate.


2	NEED FOR AND USE OF THE COLLECTION

	2(a)	Need/Authority for the Collection

	TSCA section 12(b) requires exporters to submit a notice for each country to which a chemical subject to TSCA section 12(b) requirements is exported.  Specifically, TSCA section 12(b) states, in part, that any person who exports or intends to export to a foreign country a chemical substance or mixture for which submission of data is required under TSCA section 4 or 5(b), or for which a rule, action or order has been proposed or promulgated under TSCA section 5, 6, or 7, shall notify the EPA Administrator of such export or intent to export.  The Administrator in turn will notify the government of the importing country of the notice and of EPA's regulatory action with respect to the substance.  See Attachment 1 for exact language of TSCA section 12(b), 15 U.S.C. 2611(b).

	Regulations implementing the statutory mandate in TSCA section 12(b) appear in 40 CFR Part 707, Subpart D, and include the following additional provisions: 

(a) No notice of export will be required for articles, except PCB articles, unless the Agency so requires in the context of individual TSCA section 5, 6, or 7 actions.
 
(a) Any person who exports or intends to export polychlorinated biphenyls (PCBs) or PCB articles, for any purpose other than disposal, shall notify EPA of such intent or exportation under TSCA section 12(b).  PCBs and PCB articles have the definitions published in 40 CFR 761.3.
 
(a) Any person who would be prohibited by a TSCA section 5 or 6 regulation from exporting a chemical substance or mixture, but who is granted an exemption by EPA to export that chemical substance or mixture, shall notify EPA under TSCA section 12(b) of such intent to export or exportation.
(b) An exporter will be subject to possible enforcement action (including penalties) for not complying with the applicable provisions of TSCA section 12(b).
 
 	The full text of 40 CFR part 707 is provided in Attachment 2.
 
 	2(b)	Use/Users of the Data
 
 	As required by TSCA section 12(b), the Administrator will use the information collected under this ICR to furnish the required notice to the government of the importing country.  The importing country typically uses the information provided to ensure that chemicals imported into their country comply with their laws and regulations.
 
 
 3	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
 
       3(a)	Non-Duplication
 
 	The exporter submits one notice to EPA.  There is no duplication of this mandate or collection activity, and there are no viable alternate sources for the Agency to obtain the information necessary to satisfy the statutory mandate.
 
 	The Agency carefully considered alternatives to imposing a notification requirement on the chemical exporters, but no viable alternate sources were identified that would accomplish what the statue requires or provide the required information as specified in the statute.  Prior to promulgating the TSCA section 12(b) rule, EPA considered the possibility of using export data gathered by the Bureau of the Census in lieu of imposing notification requirements in a TSCA section 12(b) rule.  However, several problems with the Census data continue to make such an approach impractical.  These problems include, among others, the fact that Census data are often not chemical-specific; Census exempts certain shipments and exporters that are not exempt from TSCA section 12(b) notifications; and Census data would not be available for up to eight weeks following export, a delay that would prevent EPA from providing an importing government the timely notice required by TSCA section 12(b).
 
 	In addition, the Agency's activities are not duplicative of any other agency's actions.  Importing countries do not receive such notifications from any other sources.
 
 	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 July 6, 2012 (77 FR 26750, May 7, 2012).  EPA received one comment, from the American Petroleum Institute (API). EPA has addressed API's comment in a memorandum that is attached to this ICR as Attachment 3.
 
       3(c)	Consultations
 
 	Prior to proposing the original 1980 guidance for the submission of TSCA section 12(b) notices, EPA held informal meetings with the Manufacturing Chemists Association (now the American Chemistry Council), and with representatives of the Swedish, Canadian and British governments.  Comments were also received from exporters, environmental groups and foreign governments during the public comment period for the proposal.  Prior to issuance of the final amendments to the export notification requirements in 1993, EPA also met with stakeholders to discuss TSCA section 12(b) requirements and the possible need for some changes to the 1980 rule.  EPA also received and considered comments from exporters, environmental groups and foreign governments during the public comment period for the proposed amendments.  Finally, EPA considered comments received on an amendment to the TSCA section 12(b) export notification requirements proposed in 2006.
 
 	 Additionally, under 5 CFR 1320.8(d)(1), OMB requires agencies to consult with potential ICR respondents and data users about specific aspects of ICRs before submitting an ICR to OMB for review and approval.  In accordance with this regulation, EPA submitted questions to nine parties via e-mail.  The individuals and/or organizations contacted were:
 
Dan Newton, Manager
Government Relations
Society of Chemical Manufacturers & Affiliates (SOCMA)
1850 M Street NW, Suite 700
Washington, DC 20036
Tel.: 202-721-4158
Fax: 202-296-8548
Email: newtond@socma.com
 
 Terry L. Medley, J.D., Global Director
 Corporate Regulatory Affairs
 DuPont Environment and Sustainable Growth Center
 Wilmington, DE 19898
 Tel.: 302-773-3191
 Fax: 302-774-1361
 Email: Terry.L.Medley@USA.dupont.com

Sylvia Palmer, Director, Regulatory and Technical Affairs
American Chemistry Council
700 2nd Street, NE
Washington, D.C. 20002
Tel.: 202-249-7000 (main)
 Fax: 202-249-6100 (main)
 Email: Sylvia_palmer@americanchemistry.com
 
Ernie Rosenberg, President and CEO
American Cleaning Institute
1331 L Street, N.W., Suite 650
Washington, D.C. 20005
Tel.: 202-662-2505
Fax: 202-347-4110
E-mail: erosenberg@cleaninginstitute.org

Douglas Fratz, Vice President
Scientific and Technical Affairs
Consumer Specialty Products Association
900 17th Street, NW, Suite 300
Washington, D.C. 20006
Tel.: 202-833-7304
E-mail: dfratz@cspa.org
 
 Howard Feldman, Director
 Regulatory and Scientific Affairs
 American Petroleum Institute
 1220 L Street, NW
 Washington, DC 20005-4070
 Tel.: 202-682-8000 (main)
 Email: feldman@api.org
 
William McLin, President and CEO
Asthma & Allergy Foundation of America
8201 Corporate Drive, Suite 1000
Landover, MD  20785
Tel.: 202-466-7643, ext. 273
Email: bill@aafa.org
 
Nsedu Witherspoon, Executive Director
Children's Environmental Health Network
110 Maryland Avenue, NE, Suite 505
Washington, DC  20002
Tel.: 202-543-4033 (main)
Email: nobot@cehn.org
 
Ken Cook, President
Environmental Working Group
1436 U St., N.W., Suite 100
Washington, D.C. 20009
Phone: 202-667-6982
E-mail: ken@ewg.org
 
      EPA did not receive any direct responses to its solicitation for consultations. The American Petroleum Institute, however, did submit a comment to the docket during the public comment period described in the preceding section. A copy of EPA's consultation e-mail to the above nine potential respondents is included in Attachment 4.
 
	3(d)	Effects of Less Frequent Collection
 	In 1993 and 2006, EPA amended the regulations to reduce the notification requirement for exporters of chemicals subject to actions under TSCA sections 4 and 5 from an annual notification to a one-time notification for the first export to a particular country. (58 FR 40242, July 27, 1993; 71 FR 66324, Nov. 14, 2006.) If the collection of information was conducted less frequently, the regulatory requirements would not be met.
 
       3(e)	General Guidelines
 
 	This information collection is necessary to implement statutory requirements of section 12(b) of TSCA and is consistent with the requirements of 5 CFR 1320.6.
 
 	3(f)	Confidentiality
 
 	The respondent 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 and 40 CFR part 2. In 2010, EPA initiated a broad effort to increase transparency and provide more valuable information to the public by identifying data collections under TSCA where information may have been claimed and treated as confidential in the past but is not in fact entitled to confidentiality under TSCA. (75 FR 3462, Jan. 21, 2010; 75 FR 29754, May 27, 2010.) Information submitted under specific reporting requirements of TSCA, or in support of TSCA, is subject to the provisions of section 14 of TSCA and to EPA's Regulations on the Confidentiality of Business Information (see 40 CFR part 2). Failure to follow these procedures fully at the time of document submission to EPA is interpreted by the Agency as a waiver of confidentiality claims. Submitters may claim confidentiality for proprietary information, but should submit a detailed written explanation to substantiate all confidential business information (CBI) claims. Detailed written responses to 14 specific substantiation questions should be provided to substantiate confidentiality claim(s). Responses should be as specific as possible, with examples as appropriate, and should provide substantiation arguments for all types of information (e.g., sales, production/ importation volumes, chemical identity, company identity) claimed as confidential. However, notwithstanding any claim of confidentiality, the foreign government of the importing country will be notified of the export of the substance(s) in question.
 
 	3(g)	Sensitive Questions
 
 	This section is not applicable.  The information requested is not sensitive in nature.
 
 

 4	THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
 
 	4(a)	Agency Activities
 
 	The activities routinely conducted by EPA related to the receipt and processing of TSCA section 12(b) export notices include the following:
 
 	o	review export notices for compliance;
 	o	respond to follow-up inquiries from foreign governments;
 	o	consult with companies on complying with the TSCA section 12(b) rule;
 	o	act as liaison between foreign governments and companies to seek additional information on exports;
 	o	log in notices for tracking/reporting;
 	o	prepare letters with supporting documents to foreign governments.
 
       4(b)	Collection Methodology and Management
 
 	The collection methodology is event-based, i.e., the respondent's decision to export a chemical subject to TSCA section 12(b).  With the exception of TSCA section 4 chemicals, an exporter must submit, on an annual basis, one TSCA section 12(b) notice for each country to which a chemical subject to TSCA section 12(b) is exported.  For TSCA section 4 chemicals, an exporter must only submit a TSCA section 12(b) notice for the first export or intended export to a particular country. The TSCA section 12(b) notice must be postmarked within seven days after the respondent accepts a definite contractual obligation or no later than the date of export.  
 
 	TSCA section 12(b) export notifications are received by EPA's Information Management Division (IMD) in OPPT.  IMD notifies appropriate foreign governments of the export of the specific TSCA-regulated chemicals to their country in accordance with the mandate in TSCA section 12(b) and the regulations at 40 CFR part 707, Subpart D.
 
 	The following is a brief overview of the Agency's handling and tracking process for these notices:
 

1) All incoming notices are received in OPPT's Confidential Business Information Center (CBIC), which is managed by OPPT's Information Management Division (IMD).
 
1) The CBIC sends the information to appropriate IMD staff to determine if the information is Confidential Business Information (CBI) or not.  IMD then sends the information with the CBI determination back to the CBIC.
 
1) The CBIC sends all notifications (CBI or non-CBI) to TAIS for processing.
 
1) The contractor-run TSCA Assistance and Information Service (TAIS) records the company and chemical information, enters it into the database, and prepares the notification letter and explanatory materials (e.g., Federal Register notice, TSCA section 5(e) consent order).  For CBI packages, TAIS sends the CBI packages back to the CBIC and the CBIC then sends the notification and explanatory information to the embassy/foreign authority of the country to which the subject chemical is being exported.  For non-CBI packages, TAIS sends the notification and explanatory information to the embassy/foreign authority.
 
1) If the receiving country requests further information, the request comes directly to IMD.  IMD sends the request to TAIS.  TAIS obtains and/or generates the needed information, and sends the package back to IMD for formal signature and transmittal to the requesting country's embassy or authority.
 
 	The Export Notification Tracking System (ENTS), which is maintained by TAIS, currently houses approximately 162,000 records, dating back to 1989.  The ENTS database is modified daily with new, incoming records of chemical exports to foreign countries.  Updates also incorporate regulatory changes affecting the chemicals that are subject to EPA's TSCA section 12(b) export notification rule at 40 CFR 707.
 
 	EPA is continuing to explore the feasibility of developing and implementing an optional electronic data reporting system for the ease of respondents, which could result in a significant burden reduction.  The projected reporting system is designed to be a user-friendly interface for parties engaged in reporting under TSCA sections 4, 5, 8, and 12(b).  Thus, the submission of information to EPA will be less expensive, faster, and more efficient once this technology is fully applied.
 
       4(c)	Small Entity Flexibility
 
 	TSCA section 12(b) does not exempt small businesses.  However, most reporting has been by large companies, because they do most of the exporting.  In any case, the burden on any exporter is minimal, because it should take no more than one-half hour to prepare a TSCA section 12(b) notice and mailing costs are minimal.
 
 	4(d)	Collection Schedule
 
 	In general, there are basically two collection schedules related to the TSCA section 12(b) export notification requirements, i.e., a one-time collection and an annual collection.  On an annual basis, excluding TSCA section 4 chemicals, an exporter must submit only one TSCA section 12(b) notice for each country to which a chemical subject to TSCA section 12(b) is exported.  For TSCA section 4 chemicals, an exporter must only submit one TSCA section 12(b) notice for the first export or intended export to a particular country.
 
 	If the collection of information was conducted less frequently, the statutory requirements would not be met.
 
 

 5	THE RESPONDENTS AND THE INFORMATION REQUESTED
 
 	5(a)	Respondents/NAICS Codes
 
 	Respondents to this collection are exporters of chemical substances, which are mostly chemicals companies classified under NAICS Codes 325 and 32411.
 
 	5(b)	Information Requested
 
       	(i) Data Items
 	
 	Respondents are required to include the following information in their export notification: 
 	
   * the name and address of the exporter; 
   * the name of the chemical; 
   * the country of import; 
   * the date of export or intended export; and
   * the TSCA section 4, 5, 6 or 7 action that triggers the notice.
 
 		(ii) Respondent Activities
 
 	In providing the required TSCA section 12(b) export notification, the respondent (exporter) is likely to engage in the following activities:
 

   * Compile and maintain a list of chemical products manufactured by the company that are also subject to a TSCA section 4, 5, 6 or 7 action (e.g., compare list of their chemicals with EPA's list of TSCA section 12(b) chemicals);
   * Check this list against outgoing orders to determine if a product/chemical on the list is expected to be exported to a customer outside of the U.S.;
   * If it is, identify whether a TSCA section 12(b) notice is required (e.g., is it the first shipment to that country this year?); and
   * If product/chemical is on the list and a TSCA section 12(b) notice is required, complete the required export notice and forward it to EPA within the required time period.


6          ESTIMATING THE BURDEN AND COST OF THE COLLECTION
       
       The purpose of this analysis is to determine the incremental cost to industry and to the EPA associated with export reports that are submitted to the Agency under the TSCA section 12(b) reporting requirements.
 
       6(a)	Estimating the Respondent Burden
 
 	The burden to respondents of this information collection activity comprises the time required to perform the steps outlined in section 3 of this document.
 
      For the purpose of this section, a notification is a package received by the EPA by one company. One company may submit more than one notification per year. Each notification may contain several chemicals and/or countries. 
	
      Ever since a change in reporting requirements published on November 14, 2006, there is a one-time notification requirement for exporters of chemical substances or mixtures. In addition, the change required the Agency to notify foreign governments once after it receives the first export notification from an exporter. The shift to one-time-only export notification in the amendments will affect almost all notifications received under TSCA section 5 (EPAB 2006). EPA also promulgated de minimis concentration levels below which notification will not be required for the export of any chemical for which export notification under TSCA section 12(b) is otherwise required.

      For the purposes of this ICR, the EPA used the average number of submitters and notifications from FY 2009, 2010, and 2011 as estimates for the number of submitters and notifications for FY 2012-2014. 
 
 	Compile List.  Since this information collection activity has been in place for twenty years, most respondents will have already developed a list of their products subject to TSCA section 12(b) reporting.  Respondents need only check for new regulations promulgated and any new products exported by the company.  Updating the list is estimated to take an average of one hour of technical time (which may also include some proportion of legal time).  This could vary depending on the number of products from two hours per year up to two hours per month of technical time (which may also include some proportion of legal time).  This will vary depending on the number of products exported by the company and the number of their products subject to TSCA section 12(b).
 
 	The number of submitters per year who report under TSCA section 12(b) has varied over time, rising from around 160 in 1991 to over 460 in 2000, and declining since.  EPA estimates that there will be a decrease in the number of submitters to around 240 in the near-future years (average of FY 2009, 2010, and 2011).  This is a decrease from the previous ICR estimate of 300 submitters.  Of these 240 submitters, EPA estimates that 160 companies are near the lower estimate of 2 hours per year, and 80 companies are near the upper estimate of 24 hours per year. EPA conservatively retains the estimate that 80 exporters are near the upper estimate of 24 hours per year, as it is likely that lower-volume submitters will be the ones exempted by these amendments because they will be filing notices under TSCA section 12(b) for the first time. The previous ICR estimated 200 firms near the two-hour estimate.  Compiling the list for all respondents is estimated to take 2,240 hours (2 hours x 160 firms plus 24 hours x 80 firms), or an average of 9.3 hours per firm per year.  
 
 	Write or Revise Letter.  Companies that export chemicals subject to TSCA section 12(b) reporting must prepare an export notification to send to EPA.  Time for initial preparation of the export notice probably varies depending on whether the company has prior experience with this program, but this step is estimated to take an average of one hour of technical time (which may also include some proportion of legal time) per year for each company subject to TSCA section 12(b) reporting.  EPA estimates a total of 240 hours (1 hour x 240 firms) per year in letter writing or revising.
 
 	Check Orders and Send Notices.  The 240 companies that export chemicals subject to TSCA section 12(b) reporting must check outgoing shipments against the list of their products described above.  A form letter notifying EPA is printed out detailing where the shipment is going for a TSCA section 12(b) chemical if it is the first shipment to the importing country.  This whole process is estimated to take an average one half hour of clerical time per notice.
 
 	The annual number of submitted notices has varied substantially over time, but without any obvious trend.  The number has been consistently in the range of 3,000 to 12,000 submissions, with a peak of over 11,600 in 2000, and with more recent years being slightly lower.  EPA therefore estimates that the number of notices in near-future years will average about 3,090 (average of FY 2009, 2010 and 2011).  This is a decrease from the previous ICR estimate of 3,500 notices.  For 240 firms, that indicates an average of roughly 13 notices per year per firm.  Total time for this task will be 1,545 hours (3,090 x 0.5 hours each).

 TABLE 1: ANNUAL AVERAGE BURDEN PER RESPONDENT FACILITY
                                        
                                  BURDEN HOURS
                                    ACTIVITY
                                   TECHNICAL
                                    CLERICAL
                                     TOTAL
 Compile list
                                      9.3
                                       -
                                      9.3
 Write letter
                                       1
                                       -
                                        1
 Check order and send notice
                                       -
                                      6.5
                                      6.5
 Total
                                      10.3
                                      6.5
                                      16.8
 
 
 TABLE 2: ANNUAL AGGREGATE BURDEN
                                        
                                  BURDEN HOURS
                                    ACTIVITY
                                   TECHNICAL
                                    CLERICAL
                                     TOTAL
 Compile list
                                     2,240
                                       -
                                     2,240
 Write letter
                                        240
                                       -
                                       240
 Check order and send notice
                                       -
                                     1,545
                                     1,545
 Total
                                     2,480
                                     1,545
                                     4,025
 Average burden hours per notice
                                      0.80
                                      0.5
                                      1.30
 
 	It is estimated that the annual number of notices to be submitted for FY 2012-2014 will be 3,090.  Estimating that the number of respondents will be 240, the average number of notices submitted per respondent will be roughly 13.  The previous ICR estimated 12 notices per respondent (3,500/300).
 
       6(b)	Estimating the Respondent Cost
 
 	The costs to respondents is based on the time needed to complete the tasks listed in section 3, the hourly cost of labor at appropriate levels (labor rates), the number of facilities affected, and the number of reports generated.  There are also costs for mailing. There are no specific capital or overhead costs associated directly with this information collection activity.
 
 	Loaded labor rates, including fringe costs, are $69.14 for management time, $61.71 for technical time, and $28.98 for clerical time.  These labor rates are higher than previous estimates used and result from increased wages indicated in the BLS data.1
 	Companies will also incur a cost of $15.35 per export notice to send the letter to EPA via registered mail ($10.95 for registered mail, $3.95 for a return receipt, and $0.45 postage).  Aggregate annual costs for mailing will be $47,432 ($15.35 x 3,090).

 TABLE 3: ANNUAL COST PER RESPONDENT FACILITY (WITH 13 NOTICES)
                                        
                                  ANNUAL COST
 ACTIVITY
                                   TECHNICAL
                                    CLERICAL
                                     TOTAL
 Compile list
                                    $573.90
                                       -
                                    $573.90
 Write letter
                                     $61.71
                                       -
                                     $61.71
 Check order and send notice
                                       -
                                    $188.37
                                    $188.37
 Mailing cost
                                       -
                                       -
                                    $199.55
 Total
                                    $635.61
                                    $188.37
                                   $1,023.53
 
 

 TABLE 4: ANNUAL AGGREGATE RESPONDENT COST
                                        
                                  ANNUAL COST
 ACTIVITY
                                   TECHNICAL
                                   $61.71/hr
                                    CLERICAL
                                   $28.98/hr
                                     TOTAL
 Compile list
                                    $138,230
                                       -
                                    $138,230
 Write letter
                                    $14,810
                                       -
                                    $14,810
 Check order and send notice
                                       -
                                    $44,774
                                    $44,774
 Mailing cost
                                       -
                                       -
                                    $47,432
 Total
                                    $153,040
                                    $44,774
                                    $245,246
 
 	6(c)	Estimating Agency Burden and Cost
 
 	Agency unit costs are based on past TSCA section 12(b) analyses, including the previous ICR, and on contacts with the Environmental Assistance Division (EAD), which administered the 12b notification process before IMD.  EPA's cost estimates are based on past experience with these activities.  The Agency cost can be divided into three parts: receiving and processing incoming notices, preparing and mailing notifications to importing countries, and responding to requests for information and clarification from companies and importing countries.  The allocation of burden hours and costs among these three parts is not exact, but the analysis below is reasonably accurate in terms of the overall burden estimate and the approximate allocation of that burden among these tasks.
 
 	In the first task, notices are received from firms that intend to export a product covered by this rule, the forms are checked for completeness, and the submissions are logged into a document control system.  Based on conversations with the workers responsible for this task, about ten notifications can be processed per hour.  EPA projects that an average of 3,090 notifications will be received per year over the period covered by this ICR, requiring approximately 309 hours of support.  This work is currently done by technical EPA staff with a fully-loaded labor rate of $77.62 per hour (December 2010) and thus is projected to cost $23,985 per year over the period of this ICR.
 
      In the second task, workers prepare letters of notice which are subsequently reviewed and sent out to importing countries.  Not all notifications submitted require that a notice be sent out.  This work averages approximately 30 minutes per notice.  EPA estimates that the reduction in notices sent to foreign governments will be proportional to the reduction in notifications received under that section.  EPA projects an average of 22 notification letters mailed each year (average of FY 2009, 2010, and 2011 notification letters mailed).  This yields a burden of approximately 11 hours annually.  This work is currently done by technical EPA staff with a fully-loaded labor rate of $77.62 per hour and thus is projected to cost $854 yearly.
      
 	The cost of mailing a notification can vary from $15.35 to $31.85, depending on whether it is sent to an embassy in the US or to an overseas destination and assuming the notice is registered with a return receipt ($10.95 for registered mail, $3.95 for a return receipt, and $0.45 - $16.95 (international) postage). The average mailing cost of $23.60 and a total annual mailing cost of $519 ($23.60*22).
 
 	The burden described above covers the routine tasks of handing both incoming notices and outgoing notifications.  The totals above also include a certain amount of time spent responding to routine requests for information, since data are not available to separate this out from the other tasks.  Based on conversations with EAD staff, the work of responding to non-routine requests for information and clarification from industry and importing countries, assisting the contractor staff in handling non-routine issues, and handling other tasks associated with the TSCA section 12(b) program can be expected to require about 20% of the time of a GS-13 Step 5 EPA employee, or roughly 400 hours per year.  Following the 2010 federal employee wage scale and assuming an additional 60% to cover fringe benefits, that represents an annual cost of approximately $31,048 ($77.62*400) (OPM, 2010).
 
 TABLE 5: ESTIMATED BURDEN AND COSTS FOR THE FEDERAL GOVERNMENT
 
                                     BURDEN
                                      COST
 Processing of notices from companies
                                   309 hours
                                    $23,985
 Processing of notifications to importing countries
                                    11 hours
                                      $854
 EPA staff time, responding to information requests, etc.
                                   400 hours
                                    $31,048
 Mailing cost of notifications
                                        
                                      $519
 Total
                                   720 hours 
                                  (0.35 FTEs)
                                    $56,406
 
 	6(d)	Bottom Line Burden Hours and Cost Tables
 
       Respondent Burden and Costs
 
       Total respondent annual burden hours = 4,025 hours
       Total respondent annual costs = $245,246
 
 		Agency Burden and Costs
 
 		Agency burden hours: 0.35 FTEs = 720 hours
 		Agency annual costs = $56,406
 
 	6(e)	Reasons for Change in Burden 
 
	There is a decrease of 825 hours (from 4,850 hours to 4,025 hours) in the total estimated respondent burden compared with that identified in the information collection most recently approved by OMB.  This decrease represents the net effect of a decrease in the estimated number of notices sent to EPA and a decrease in the number of firms sending notices, based on EPA's recent experience with TSCA section 12(b) notices.  

      On November 14, 2006, EPA made amendments to the Toxic Substances Control Act section 12(b) export notification rule at Subpart D of 40 CFR Part 707.  There was a change to the reporting requirements. The first amendment changed the annual notification requirement for exporters of chemicals for which certain actions have been taken under TSCA.  Previously, the TSCA section 12(b) rule required exporters to notify EPA of the first export or intended export to a particular country in a calendar year for chemical substances subject certain actions under TSCA sections 5, 6, or 7.  For chemicals subject to a final TSCA section 4 action, exporters were required to submit an export notification only for the first export or intended export to a particular country.  The amendments changed the annual notification requirement to a one-time export notification requirement per each destination country for each exporter of a chemical substance subject to TSCA sections 5(a)(2), 5(b), 5(e)(1), and 5(e)(2).  For exports of chemical substances subject to TSCA sections 5(f), 6 or 7 actions, however, the exporter will continue to submit an annual notification for each chemical exported to each country of destination. EPA is also establishing de minimis concentration levels below which notification will not be required for the export of any chemical that is the subject of an action under TSCA sections 4, 5, 6, or 7 of TSCA.  For these reasons, the number of submitters, number of notifications and notification letters decreased since the last ICR.
 
      With these changes in reporting requirements, the costs are predicted to change as a result of the number of notifications and submitters declining. According to a prior analysis on the 2006 amendments to TSCA section 12(b), it was estimated that the reduction in the number of notifications and submitters due to TSCA section 5 reporting would be 50% in each year after the amendments go into effect (EPAB 2006). Based on average numbers of TSCA section 12(b) notifications from 1996-2004, TSCA section 5 notifications comprised approximately 25% of the total notifications (EPAB 2006). Therefore, the reduction in TSCA section 5 notifications should be about 13% of the total TSCA section 12(b) notifications. In addition, due to the de minimis exemption EPA conservatively estimates a 20% reduction for all TSCA sections (EPAB 2006). 
      
      Prior to the TSCA section 12(b) amendments, the 2006 data showed about 5,100 notifications and 330 submitters. After applying the reductions outlined in the TSCA section 12(b) economic analysis (EPAB 2006), a 50% reduction in section 5 notifications and a 20% total reduction in notifications due to the de minimis exemption, the estimated number of notifications were 3,550 and 230 submitters. The predictions from this ICR, which were generated from the averages of FY 2009, 2010 and 2011 data, were 3,090 notifications and 240 submitters. 
 
 	6(f)	Burden Statement
 
 	The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0030, is estimated to be 1.3 hours per response.  Burden is defined in 5 CFR 1320.3(b).  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.  In addition, the OMB control numbers for EPA's regulation, after initial display in the final rule, are listed in 40 CFR part 9.
 
 	The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT-2012-0258, which is available for online viewing at www.regulations.gov, or in person viewing at the EPA Docket Center (EPA/DC), EPA West, Room 3334, 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.  You may submit comments regarding 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. 
 
       Submit your comments referencing Docket ID No. EPA-HQ-OPPT-2012-0258 and OMB Control No. 2070-0030, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: Document Control Office (DCO), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200 Pennsylvania Ave., NW,  Washington, D.C. 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.

 Sources
 
 40 CFR Parts 707 and 799. Federal Register: November 14, 2006. Volume 71, Number 219 Rules and Regulations 66234-66245. January 2009 <wais.access.gpo.gov>.
 
"Employer Costs for Employee Compensation Supplementary Tables: December 2007." US Bureau of Labor Statistics. January 2009.

"Final Economic Analysis of the Amendments to TSCA Section 12(b) Export Notification Requirements." Economic and Policy Analysis Branch. August 2006. 

"Office of Personnel Management, Salary Table 2007-DCB, Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV." January 2009 <http://www.opm.gov/oca/07tables/html/dcb.asp>.

