[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7173-7174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02561]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0744; FRL-9097-01-OCSPP]


Agency Information Collection Activities; Proposed Renewal of 
Currently Approved Collection and Request for Comment; Notification of 
Substantial Risk of Injury to Health and the Environment 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 
the following Information Collection Request (ICR) that EPA is planning 
to submit to the Office of Management and Budget (OMB): ``Notification 
of Substantial Risk of Injury to Health and the Environment under the 
Toxic Substances Control Act (TSCA)'' and identified by EPA ICR No. 
0794.17 and OMB Control No. 2070-0046. This ICR represents the renewal 
of an existing ICR that is currently approved through October 31, 2022. 
Before submitting the ICR to OMB for review and approval under the PRA, 
EPA is soliciting comments on specific aspects of the information 
collection activities and burden estimates that are 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 April 11, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2015-0744, though the Federal eRulemaking 
Portal at http://www.regulations.gov. Follow the online instructions 
for 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 opened to visitors by 
appointment only. For the latest status information on EPA/DC and 
docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Katherine Sleasman, Regulatory Support 
Branch (7101M), Office of Chemical Safety and Pollution Prevention, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-1204; email address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

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: TCSA Notification of Substantial Risk of Injury to Health 
and the Environment (TSCA Section 8(e)).
    EPA ICR No.: 0794.17.
    OMB Control No.: 2070-0046.
    ICR status: This ICR is currently approved through October 31, 
2022. Under the PRA, 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

[[Page 7174]]

appearing in the Federal Register when approved, 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: Under TSCA section 8(e), any person who manufactures 
(defined by statute to include imports), processes, or distributes in 
commerce a chemical substance or mixture and who obtains information 
which reasonably supports the conclusion that such substance or mixture 
presents a substantial risk of injury to health or the environment is 
required to immediately inform EPA of such information unless they have 
actual knowledge that EPA has been adequately informed of such 
information (15 U.S.C. 2607(e)).
    EPA receives and screens TSCA section 8(e) submissions covering a 
large number of chemical substances and mixtures on a wide range of 
chemical toxicity/exposure information. Although EPA's receipt of TSCA 
section 8(e) information does not necessarily trigger immediate 
regulatory action under TSCA or other authorities administered by EPA, 
all TSCA section 8(e) submissions receive screening level evaluations 
by EPA's Office of Pollution Prevention and Toxics (OPPT) to identify 
priorities for further Agency action and appropriate referrals to other 
programs.
    In addition, EPA is offering an electronic reporting option for use 
both by those who are required to submit a notification of substantial 
risk under TSCA section 8(e) and by those who wish voluntarily to 
submit ``For Your Information'' (FYI) notices by registering and 
submitting information electronically using the Agency's Central Data 
Exchange (CDX).
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 50 
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: Entities potentially affected are 
those that 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 in determining whether this action might apply to certain 
entities: Chemical manufacturing (NAICS code 325) and petroleum and 
coal product manufacturing (NAICS code 324).
    Respondent's obligation to respond: Mandatory; 15 U.S.C. 2607(e).
    Frequency of response: On occasion.
    Total estimated number of potential respondents: 51.
    Total estimated average number of responses for each respondent: 
343.
    Total estimated annual burden hours: 17,565 hours.
    Total estimated annual costs: $1,635,246. This includes an 
estimated burden cost of $1,635,246 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 a decrease of 3,847 hours from that currently in the OMB 
inventory (from 21,412 to 17,565 hours). This reflects an overall 
decrease in the number of section 8(e) and FYI submissions, which 
decreased from 408 to 343 8(e) submissions and 13 to 6 FYI submissions 
respectively total annual costs compared with that identified in the 
ICR currently approved by OMB. This increase is due to an increase in 
the hourly wages and a change in the methodology to calculate loaded 
wages (wages plus fringe benefits and overhead). Additional details are 
in the ICR. 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 to OMB. If you have any questions about this ICR or 
the approval process, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.

Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2022-02561 Filed 2-7-22; 8:45 am]
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