[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52457-52459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20355]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2013-0721; FRL-8768-01-OCSPP]


Agency Information Collection Activities; Proposed Renewal of an 
Existing Collection and Request for Comment; Chemical Data Reporting 
Under the Toxic Substances Control Act (TSCA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces the availability of and solicits public comment on 
an Information Collection Request (ICR) that EPA is planning to submit 
to the Office of Management and Budget (OMB). The ICR, entitled: 
``Chemical Data Reporting under the Toxic Substances Control Act 
(TSCA)'' and identified by EPA ICR No. 1884.13 and OMB Control No. 
2070-0162, represents the renewal of an existing ICR that is scheduled 
to expire on April 30, 2022. Before submitting the ICR to OMB for 
review and approval under the PRA, EPA is soliciting comments on 
specific aspects of the proposed information collection that is 
summarized in this document. The ICR and accompanying material are 
available in the docket for public review and comment.

DATES: Comments must be received on or before November 22, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2013-0721, through http://www.regulations.gov. 
Follow the online instructions for

[[Page 52458]]

submitting comments. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Sharkey, Data Gathering and 
Analysis Division (7410M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 564-8789; email address: 
susan.sharkey@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is 
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 burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply 
to?

    Title: Chemical Data Reporting under the Toxic Substances Control 
Act (TSCA).
    ICR number: EPA ICR No. 1884.13.
    OMB control number: OMB Control No. 2070-0162.
    ICR status: This ICR is currently scheduled to expire on April 30, 
2022. 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 Code of Federal Regulations (CFR), after 
appearing in the Federal Register when approved, are listed in 40 CFR 
part 9, are displayed either by publication in the Federal Register or 
by other appropriate means, such as on the related collection 
instrument or form, if applicable. The display of OMB control numbers 
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: This information collection request addresses the 
paperwork requirements contained in the most recent Chemical Data 
Reporting (CDR) rule under the TSCA. Under TSCA section 8(a), EPA is 
authorized to collect certain information on chemical substances 
manufactured (including imported) or processed in the United States. 
The CDR was formerly known as the Inventory Update Rule (IUR).
    The CDR collection provides chemical manufacture, processing, and 
use information that helps EPA identify what chemicals the public may 
be exposed to as consumers or in commercial and industrial settings. 
The data also help EPA assess routes of potential exposure to those 
chemicals. Beginning in 1986, EPA has used the CDR rule eight times to 
collect basic manufacturing information for selected chemical 
substances on the TSCA Inventory. More recent collections, beginning in 
2006, included additional information relating to the manufacture, 
processing, and use of those chemical substances. The reporting 
requirements have been modified through rulemaking, with the most 
recent major changes occurring in 2020 when EPA promulgated the TSCA 
Chemical Data Reporting Revisions Under TSCA Section 8(a) rule (85 FR 
20122, April 9, 2020) (FRL-10005-56) and the Small Manufacturer 
Definition Update for Reporting and Recordkeeping Requirements under 
the TSCA Section 8(a) (85 FR 31986, May 28, 2020) (FRL-10008-14). The 
2020 revisions included a phase-in approach for some of its provisions. 
All provisions will be fully implemented for the 2024 CDR reporting 
cycle. The changes are described on EPA's CDR web page, at: https://www.epa.gov/chemical-data-reporting/summary-reporting-requirement-changes-due-cdr-revisions-and-small, The CDR collection is on a four-
year reporting cycle and contains detailed manufacturing, processing, 
and use information drawn from the principal reporting year; the rule 
also contains basic information on production volume, by year, for the 
three years prior to the principal reporting year (e.g., for the 2024 
reporting cycle, the principal reporting year will be 2023; the three 
years prior will be 2020, 2021, and 2022).
    EPA uses the CDR data in its chemical substance risk-management 
efforts and for other uses. Individual sites manufacturing (including 
importing) chemical substances will submit the required information. 
The information will be stored electronically for reference by EPA 
staff and others. Within the constraints of confidentiality claims, the 
information will be made public through the Agency's website: https://www.epa.gov/chemical-data-reporting. Further discussion on how the 
information is used, stored, and collected is included in this 
document.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to annual 
average 135 hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: You may be potentially affected by 
this action if you manufacture, process, import, or distribute in 
commerce chemical substances and mixtures. The following 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. Potentially affected entities may include, but are 
not limited to the following: 325 Chemical Manufacturing and 324 
Petroleum and Coal Product Manufacturing
    Respondent's obligation to respond: Mandatory; TSCA section 8 and 
40 CFR 711.
    Estimated total number of potential respondents: 5,460.

[[Page 52459]]

    Frequency of response: Every four years.
    Estimated total average number of responses for each respondent: 
7.38.
    Estimated total annual burden hours: 735,456 hours.
    Estimated total annual costs: $79,267,359. This includes an 
estimated burden cost of $79,267,359 and an estimated cost of $0 for 
capital investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is an increase in total annual costs compared with that 
identified in the ICR currently approved by OMB. The primary reason for 
changes in respondent burden and cost are a result of changes from 
finalized regulatory actions in 2020. In addition, the increase in the 
respondent burden and agency costs were caused by an increase in the 
hourly wages and a change in the methodology to calculate loaded wages 
(wages plus fringe benefits and overhead). Please refer to Handbook on 
Valuing Changes in Time Use Induced by Regulatory Requirements and 
Other U.S. EPA Actions. This change is an adjustment.
    In addition, OMB has requested that EPA move towards using the 18-
question format for ICR Supporting Statements used by other federal 
agencies and departments and is based on the submission instructions 
established by OMB in 1995, replacing the alternate format developed by 
EPA and OMB prior to 1995. The Agency does not expect this change in 
format to result in substantive changes to the information collection 
activities or related estimated burden and costs.

IV. 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 document 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. If you have any questions about this ICR or the 
approval process, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.
    Authority: 15 U.S.C. 2601 et seq.

    Dated: September 15, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2021-20355 Filed 9-20-21; 8:45 am]
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