[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15661-15663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06009]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2020-0617; FRL-10018-36]


Agency Information Collection Activities; Proposed Renewal of an 
Existing Collection and Request for Comment; Collection of Information 
for TSCA Mercury Inventory Reporting

AGENCY: Environmental Protection Agency (EPA).

[[Page 15662]]


ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit an Information 
Collection Request (ICR) to the Office of Management and Budget (OMB). 
The ICR, entitled: ``Collection of Information for TSCA Mercury 
Inventory Reporting'' and identified by EPA ICR No. 2567.03 and OMB 
Control No. 2070-0207, represents the renewal of an existing ICR that 
is scheduled to expire on October 31, 2021. Before submitting the ICR 
to OMB for review and approval, 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 May 24, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2020-0617, using 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.
    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 services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Thomas Groeneveld (7407M), 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone 
number: (202) 566-1188; email address: groenveld.thomas@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: Collection of Information for TSCA Mercury Inventory 
Reporting.
    ICR number: EPA ICR No. 2567.03.
    OMB control number: OMB Control No. 2070-0207.
    ICR status: This ICR is currently scheduled to expire on October 
31, 2021. 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: As directed in the June 2016 Frank R. Lautenberg Chemical 
Safety for the 21st Century Act amendments to the Toxic Substances 
Control Act (TSCA), EPA is required to assist in the preparation and 
publication in the Federal Register of an ``inventory of mercury 
supply, use, and trade in the United States.'' 15 U.S.C. 2607(b)(10)(B) 
and (D). Based on the inventory of information collected through this 
ICR, the Agency is directed to ``identify any manufacturing processes 
or products that intentionally add mercury'' and ``recommend actions, 
including proposed revisions of Federal law or regulations, to achieve 
further reductions in mercury use.'' 15 U.S.C. 2607(b)(10)(C).
    The primary purpose of this ICR is to support the development of 
that inventory. In turn, the inventory will help the Agency identify 
uses of mercury and recommend means to achieve further reductions of 
such uses in commerce. In addition, the Agency seeks to obtain the 
information necessary to achieve its goal to further reduce the use of 
mercury in products and certain manufacturing processes in order to 
prevent future releases to the environment, as well as assist the 
United States in reporting implementation under the Minamata 
Convention. EPA seeks to enhance its current information on how much 
mercury is used, in which products and manufacturing processes, and 
whether certain products are manufactured domestically, imported, or 
exported.
    Reporting is required from any person who manufactures (including 
imports) mercury or mercury-added products, as well as any person who 
otherwise intentionally uses mercury in a manufacturing process under 
TSCA section 8(b). 15 U.S.C. 2607(b)(10)(D)(i). The Agency promulgated 
reporting requirements at 40 CFR part 713. In order to avoid 
duplication, EPA coordinated the reporting with the Interstate Mercury 
Education and Reduction Clearinghouse (IMERC). 15 U.S.C. 
2607(b)(10)(D)(ii).
    Regulated entities may claim some of the information given to EPA 
as CBI. Reporting requirements will contain information for respondents 
on how to make a claim to EPA that all or part of their submitted 
information is CBI. EPA handles claims of confidentiality pursuant to 
established CBI procedures, as found at section 14 of TSCA, 40 CFR part 
2, and the Agency's TSCA CBI Manual. CBI is also protected under the 
Freedom of Information Act (5 U.S.C 525).
    Burden statement: annual public reporting and recordkeeping burden 
for this collection of information is estimated to average 23 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 by 
this ICR are persons who manufacture (including

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import) mercury, mercury-added products, and persons who otherwise 
intentionally use mercury in a manufacturing process.
    Estimated average number of potential respondents per year: 756.
    Frequency of response: Every three years.
    Estimated yearly average number of responses for each respondent: 
0.33.
    Estimated total annual burden hours: 52,000 hours.
    Estimated total annual costs: EPA estimates the annual average 
industry burden and cost over three years at approximately 17,000 hours 
and $1.4 million dollars, respectively, with a total industry burden of 
approximately 52,000 hours and $4.2 million over the three-year period. 
Annual average agency burden and costs annualized over 3 years are 
1,600 hours and $0.15 million, with a total agency burden of 
approximately 4,800 hours and $0.4 million over 3 years. Total annual 
burden and cost for both industry and agency annualized over 3 years is 
19,000 hours and $1.8 million dollars. Total overall burden and costs 
are 57,000 hours and $4.6 million.

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

    In June 2018, EPA finalized a rule to require reporting from 
persons who manufacture (including import) mercury or mercury-added 
products, or otherwise intentionally use mercury in a manufacturing 
process. That rule was challenged in the Second Circuit Court of 
Appeals by the Natural Resources Defense Council and several state 
attorneys general in July 2018. The petitioners argued that three 
exemptions to the reporting requirements violated the statutory mandate 
within TSCA section 8(b)(10). Oral arguments were held on November 20, 
2019 and the court issued its decision in June 5, 2020. The Agency 
prevailed on two issues, but the Second Circuit vacated an exemption 
(40 CFR 713.7(b)(2)) for persons who import pre-assembled products that 
contain a mercury-added component. As a result, such persons are now 
required to report pursuant to 40 CFR 713.7(b). Additionally, an 
interim final rule will be used to effectuate the decision of the 
court, including necessary regulatory amendments.
    Based on the numbers of reporters of mercury data to the IMERC 
Database, as well as EPA's TRI program and CDR rule, there will be a 
change in manufacturers (including importers) or processors that could 
respond to this information collection. The annual public burden for 
this collection of information is estimated about 23 hours per 
respondent. This request represents a decrease of 9 hours per 
respondent from that currently in the OMB inventory, or a total 
decrease of 20,522 hours (from 72,567 to 52,045 hours). This increase 
is due to, a decrease in rule familiarization burden, a decrease in 
form completion burden due to mercury export prohibitions, and changes 
in the number of estimated respondents.
    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. EPA intends to update this Supporting 
Statement during the comment period to reflect the 18-question format, 
and has included the questions in an attachment to this Supporting 
Statement. In doing so, the Agency does not expect the 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 technical person listed under 
FOR FURTHER INFORMATION CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: March 17, 2021.
Michal Freedhoff,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2021-06009 Filed 3-23-21; 8:45 am]
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