Agency Information Collection Activities; Proposals, Submissions, and Approvals


Federal Register: December 24, 2008 (Volume 73, Number 248)


Page 79081-79083

From the Federal Register Online via GPO Access []



EPA-HQ-OPPT-2008-0868; FRL-8395-4

Agency Information Collection Activities; Proposed Collection;

Comment Request; Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies; EPA ICR No. 0575.12, OMB

Control No. 2070-0004

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44

U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection

Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ``Health and Safety Data Reporting, Submission of Lists and

Copies of Health and Safety Studies'' and identified by EPA ICR No. 0575.12 and OMB Control No. 2070-0004, is scheduled to expire on July 31, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

DATES: Comments must be received on or before February 23, 2009.

ADDRESSES: Submit your comments, identified by docket identification

(ID) number EPA-HQ-OPPT-2008-0868, by one of the following methods:

Federal eRulemaking Portal:

Follow the on-line instructions for submitting comments.

Mail: Document Control Office (7407M), Office of Pollution

Prevention and Toxics (OPPT), Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington, DC 20460-0001.

Hand Delivery: OPPT Document Control Office (DCO), EPA

East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:

Docket ID Number EPA-HQ-OPPT-2008-0868. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564-8930. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to docket ID number EPA-HQ-OPPT- 2008-0868. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at http://

Page 79082, including any personal information provided, unless the comment includes information claimed to be Confidential

Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through or e-mail. The website is an ``anonymous access'' system, which means

EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the

Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at

Docket: All documents in the docket are listed in the docket index available at Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA

Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution

Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding

Federal holidays. The telephone number of the EPA/DC Public Reading

Room is (202) 566-1744, and the telephone number for the OPPT Docket is

(202) 566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby

Lintner, Regulatory Coordinator, Environmental Assistance Division

(7408M), Office of Pollution Prevention and Toxics, Environmental

Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460- 0001; telephone number: (202) 554-1404; e-mail address: TSCA-

For technical information contact: Gerry Brown, Chemical Control

Division (7405M), Office of Pollution Prevention and Toxics,

Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460-0001; telephone number: (202) 564-8086; fax number: (202) 564-4765; e-mail address:


  1. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, 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.

  2. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the collection activity. 7. Make sure to submit your comments by the deadline identified under DATES. 8. To ensure proper receipt by EPA, be sure to identify the docket

    ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal

    Register citation.

  3. What Information Collection Activity or ICR Does this Action Apply to?

    Affected entities: Entities potentially affected by this ICR are companies that manufacture, process, import, or distribute in commerce chemical substances or mixtures.

    Title: Health and Safety Data Reporting, Submission of Lists and

    Copies of Health and Safety Studies.

    ICR numbers: EPA ICR No. 0575.12, OMB Control No. 2070-0004.

    ICR status: This ICR is currently scheduled to expire on July 31, 2009. 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: Section 8(d) of the Toxic Substances Control Act (TSCA) and 40 CFR part 716 require manufacturers and processors of chemicals to submit lists and copies of health and safety studies relating to the health and/or environmental effects of certain chemical substances and mixtures. In order to comply with the reporting requirements of section 8(d), respondents must search their records to identify any health and safety studies in their possession, copy and process relevant studies, list studies that are currently in progress, and submit this information to EPA.

    EPA uses this information to construct a complete picture of the

    Page 79083

    known effects of the chemicals in question, leading to determinations by EPA of whether additional testing of the chemicals is required. The information enables EPA to base its testing decisions on the most complete information available and to avoid demands for testing that may be duplicative. EPA will use information obtained via this collection to support its investigation of the risks posed by chemicals and, in particular, to support its decisions on whether to require industry to test chemicals under section 4 of TSCA.

    Responses to the collection of information are mandatory (see 40

    CFR part 716). Respondents 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 section 14 and 40 CFR part 2.

    Burden statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to range between 1.1 and 22 hours per response, depending upon the nature of each respondent's reporting responsibility. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a

    Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

    The ICR provides a detailed explanation of this estimate, which is only briefly summarized here:

    Estimated total number of potential respondents: 6.

    Frequency of response: On occasion.

    Estimated total average number of responses for each respondent: 6.8

    Estimated total annual burden hours: 456 hours.

    Estimated total annual costs: $28,030. This includes an estimated burden cost of $28,030 and an estimated cost of $0 for capital investment or maintenance and operational costs.

  4. Are There Changes in the Estimates from the Last Approval?

    There is a decrease of 822 hours (from 1,278 hours to 456 hours) in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects reductions in

    EPA's estimates as to the number of chemicals likely to be added to the

    TSCA section 8(b) list of chemicals in the next three years. The change is an adjustment.

  5. 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 notice 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


    List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: December 15, 2008.

    James B. Gulliford,

    Assistant Administrator, Office of Prevention, Pesticides and Toxic


    FR Doc. E8-30498 Filed 12-23-08; 8:45 am

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