[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15019-15020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04872]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2023-0105; FRL-10559-01-OCSPP]


Agency Information Collection Activities; Proposed Renewal 
Collection and Request for Comment; Regulation of Persistent, 
Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h)

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): ``Regulation of 
Persistent, Bioaccumulative, and Toxic Chemicals under TSCA Section 
6(h),'' identified by EPA ICR No. 2599.03 and OMB Control No. 2070-
0213. This ICR represents a renewal of an existing ICR that is 
currently approved through January 31, 2024. Before submitting the ICR 
to OMB for review and approval under the PRA, EPA is soliciting 
comments on specific aspects of the 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 9, 2023.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2023-0105 through the Federal eRulemaking 
Portal at https://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 https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Katherine Sleasman (7602M), Office of 
Program Support, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460-0001; telephone number: (202) 566-1204; 
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 people) 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: Regulation of Persistent, Bioaccumulative, and Toxic 
Chemicals under TSCA Section 6(h).
    EPA ICR No.: 2599.03.
    OMB Control No.: 2070-0213.
    ICR status: This ICR is currently approved through January 31, 
2024. 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 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: This ICR covers the information collection activities 
associated with the prohibitions and restrictions on the following five 
persistent, bioaccumulative, and toxic (PBT) chemical substances: 
decabromodiphenyl ether (decaBDE) (Chemical Abstract Services Number 
(CASRN) 1163-19-5), phenol, isopropylated phosphate (3:1) (PIP (3:1)) 
(CASRN 68937-41-7), 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 
732-26-3), pentachlorothiophenol (PCTP) (CASRN 133-49-3), and 
hexachlorobutadiene (HCBD) (CASRN 87-68-3). Specifically, the 
information collection activities associated with the downstream 
notification of the prohibitions in the rule for PIP (3:1) and the rule 
familiarization activities and recordkeeping requirement for all five 
PBT chemicals.
    Burden statement: The average annual public reporting and 
recordkeeping burden for this collection of information is estimated to 
0.74 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, distribute in commerce or use 
decabromodiphenyl ether (decaBDE), phenol, isopropylated phosphate 
(3:1) (PIP (3:1)), 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP), 
pentachlorothiophenol (PCTP), hexachlorobutadiene (HCBD), or

[[Page 15020]]

products or articles containing these chemicals.
    Respondent's obligation to respond: Mandatory per TSCA section 6(h) 
and 40 CFR part 751.
    Frequency of response: Occasional.
    Total estimated number of potential respondents: 73.
    Total estimated average number of responses for each respondent: 1.
    Total estimated annual burden hours: 53 hours.
    Total estimated annual costs: $4,299 (includes an estimated burden 
cost of $4,299 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 decrease of 33 hours in the total estimated annual 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This decrease reflects EPA's updating of burden 
estimates and represents an adjustment. It results from the fact that 
some firms are no longer expected to incur recordkeeping and downstream 
notification costs since they are prohibited from using the chemical 
during the period this ICR covers.
    In addition, EPA has updated this Supporting Statement to reflect 
the OMB request that EPA move towards using the 18-question format for 
ICR Supporting Statements that is used by other federal agencies and 
departments based on the submission instructions established by OMB in 
1995. The 18-question format will replace the alternate format 
developed by EPA and OMB prior to 1995. The Agency does not expect the 
change in format to result in substantive changes to the presentation 
of the information collection activities or related estimated burden 
and costs. EPA welcomes comment on this new format in the context of 
this ICR.

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.

    Dated: March 6, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2023-04872 Filed 3-9-23; 8:45 am]
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