Agency information collection activities: Proposed collection; comment request,

[Federal Register: September 13, 1999 (Volume 64, Number 176)]

[Notices]

[Page 49484-49486]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13se99-79]

ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-00277; FRL-6096-4]

Pre-Manufacture Reporting and Exemption Requirements; Request for Comments on Proposed Renewal Information Collection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), EPA is seeking public comment and information on the following Information Collection Request (ICR): Pre-Manufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances (EPA ICR No. 0574.11, OMB No. 2070-0012). This ICR involves a collection activity that is currently approved and scheduled to expire on December 31, 1999. The ICR describes the nature of the information collection activity and its expected burden and costs. Before submitting this ICR to the Office of Management and Budget (OMB) for review and approval under the PRA, EPA is soliciting comments on specific aspects of the collection. DATES: Written comments, identified by the docket control number ``OPPTS-00277'' and administrative record number 215, must be received on or before November 12, 1999.

ADDRESSES: Comments may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit III. of the ``SUPPLEMENTARY INFORMATION'' section of this notice. FOR FURTHER INFORMATION CONTACT: For general information contact: Christine M. Augustyniak, Associate Director, Environmental Assistance Division (7408), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; Telephone: 202-554-1404; TDD: 202-554-0551; e-mail: TSCA- Hotline@epa.gov. For technical information contact: Jim Alwood, Chemical Control Division (7405), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, Telephone: 202-260-1857; Fax: 202-260-8168; e-mail: alwood.jim@epa.gov. SUPPLEMENTARY INFORMATION:

1. Does This Notice Apply to Me?

   You may be potentially affected by this notice if you manufacture or import new chemical substances, as defined by the Toxic Substances Control Act (TSCA), or manufacture, process, or import a chemical substance for a use that has been determined a significant new use, as defined by TSCA. Potentially affected categories and entities may include, but are not limited to the following:

   Standard Industrial Type of Business

   Classification (SIC) Code

   Chemical manufacturing

   28 Petroleum refining

   29 Photographic equipment

   386

   This table is not intended to be exhaustive but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this table could also be affected. To determine whether you or your business is affected by this action, you should carefully examine the applicability provisions at 40 CFR part 720, Subpart B, 40 CFR part 721, Subparts A and C, 40 CFR part 723, Subpart B, and 40 CFR part 725, Subparts A, B, D, E, F, G, and L. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed in the ``FOR FURTHER INFORMATION CONTACT'' section.

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2. How Can I Get Additional Information or Copies of This Document or Other Support Documents?

   1. Electronic Availability

      Electronic copies of this ICR are available from the EPA website at the ``Federal Register-Environmental Documents'' entry for this document under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/). You can follow the menu to find this Federal Register notice using the publication date or the Federal Register citation for this notice.

   2. Fax-on-Demand

      You may request to receive a faxed copy of the ICR by using a faxphone to call 202-401-0527 and selecting item 4071. You may also follow the automated menu.

   3. In Person or By Phone

      If you have any questions or need additional information about this notice or the ICR referenced, please contact the person identified in the ``FOR FURTHER INFORMATION CONTACT'' section.

      In addition, the official record for this notice, including the public version, has been established under docket control number ``OPPTS-00277'' (including comments and data submitted electronically as described below). A public version of this record, including printed, paper versions of any electronic comments, which does not include any information claimed as Confidential Business Information (CBI), is available for inspection in the TSCA Nonconfidential Information Center, Rm. NE B-607, 401 M St., SW., Washington, DC. The Center is open from 12 noon to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number of the Center is 202-260-7099.

3. How Can I Respond to This Notice?

   1. How and to Whom Do I Submit the Comments?

      You may submit comments through the mail, in person, or electronically. Be sure to identify the appropriate docket control number ``OPPTS-00277'' and administrative record number 215 in your correspondence.

      1. By mail. Submit written comments to: Document Control Office (7407), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.

      2. In person or by courier. Deliver written comments to: Document Control Office in Rm. G-099, Waterside Mall, 401 M St., SW., Washington, DC, Telephone: 202-260-7093.

      3. Electronically. Submit your comments and/or data electronically by e-mail to: oppt.ncic@epa.gov. Please note that you should not submit any information electronically that you consider to be CBI. Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comment and data will also be accepted on standard computer disks in WordPerfect 5.1/6.1 or ASCII file format. All comments and data in electronic form must be identified by the docket control number ``OPPTS-00277'' and administrative record number 215. Electronic comments on this notice may also be filedonline at many Federal Depository Libraries.

   2. How Should I Handle CBI Information That I Want To Submit To the Agency?

      You may claim information that you submit in response to this notice as CBI by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the comment that does not contain CBI must also be submitted for inclusion in the public record. Information not marked confidential will be included in the public docket by EPA without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult with the technical person, listed in the ``FOR FURTHER INFORMATION CONTACT'' section.

   3. What Information is EPA Particularly Interested in?

      Pursuant to section 3506(c)(2)(a) of the PRA, EPA specifically solicits comments and information to enable it to:

      1. Evaluate whether the proposed collections of information are 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 burdens of the proposed collections of information.

      3. Enhance the quality, utility, and clarity of the information to be collected.

      4. Minimize the burden of the collections of information on those who are to respond, including through the use of appropriate automated or electronic collection technologies or other forms of information technology, e.g., permitting electronic submission of responses.

   4. What Should I Consider When I Prepare My Comments for EPA?

      We invite you to provide your views on the various options we propose, new approaches we haven't considered, the potential impacts of the various options (including possible unintended consequences), and any data or information that you would like the Agency to consider during the development of the final action. You may find the following suggestions helpful for preparing your comments:

      ‹bullet› Explain your views as clearly as possible.

      ‹bullet› Describe any assumptions that you used.

      ‹bullet› Provide solid technical information and/or data to support your views.

      ‹bullet› If you estimate potential burden or costs, explain how you arrived at the estimate.

      ‹bullet› Provide specific examples to illustrate your concerns.

      ‹bullet› Offer alternative ways to improve the collection activity.

      ‹bullet› Make sure to submit your comments by the deadline in this notice.

      ‹bullet› At the beginning of your comments (e.g., as part of the ``Subject'' heading), be sure to properly identify the document on which you are commenting. You can do this by providing the docket control number assigned to the notice, along with the name, date, and Federal Register citation, or by using the appropriate EPA or OMB ICR number.

4. To What Information Collection Activity or ICR Does This Notice Apply?

   EPA is seeking comments on the following ICR:

   Title: Pre-Manufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances.

   ICR numbers: EPA ICR No. 0574.11, OMB No. 2070-0012.

   ICR status: This ICR is currently scheduled to expire on December 31, 1999. 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 information collections appear on the collection instruments or instructions, in the Federal Register notices for related rulemakings and ICR notices, and, if the collection is contained in a regulation, in a table of OMB approval numbers in 40 CFR part 9.

   Abstract: TSCA section 5 requires manufacturers and importers of new

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   chemical substances to submit to EPA notice of intent to manufacture or import a new chemical substance 90 days before manufacture or import begins. EPA reviews the information contained in the notice to evaluate the health and environmental effects of the new chemical substance. On the basis of the review, EPA may take further regulatory action under TSCA, if warranted. If EPA takes no action within 90 days, the submitter is free to manufacture or import the new chemical substance without restriction.

   TSCA section 5 also authorizes EPA to issue Significant New Use Rules (SNURs). EPA uses this authority to take follow-up action on new or existing chemicals that may present an unreasonable risk to human health or the environment if used in a manner that may result in different and/or higher exposures of a chemical to humans or the environment. Once a use is determined to be a significant new use, persons must submit a notice to EPA 90 days before beginning manufacture, processing, or importation of a chemical substance for that use. Such a notice allows EPA to receive and review information on such a use and, if necessary, regulate the use before it occurs.

   Finally, TSCA section 5 also permits applications for exemption from section 5 review under certain circumstances. An applicant must provide information sufficient for EPA to make a determination that the circumstances in question qualify for an exemption. In granting an exemption, EPA may impose appropriate restrictions.

   Responses to the collection of information are mandatory (see 40 CFR parts 720, 721, and 723). 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.

5. What Are EPA's Burden and Cost Estimates for This ICR?

   Under the PRA, ``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. For this collection it 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; 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 in this notice. The annual public burden for this collection of information is estimated to average 101.5 hours per response. The following is a summary of the estimates taken from the ICR:

   Respondents/affected entities: Entities potentially affected by this action are manufacturers or importers of new chemical substances, as defined by the TSCA, or manufacturers, processors, or importers of a chemical substance for a use that has been determined a significant new use, as defined by TSCA.

   Estimated total number of potential respondents: 432.

   Frequency of response: On occasion.

   Estimated total/average number of responses for each respondent: 5- 6 (average).

   Estimated total annual burden hours: 241,611 hours.

   Estimated total annual burden costs: $31.665 million.

6. Are There Changes in the Estimates From the Last Approval?

   There is no change in burden from that indicated in the information collection most recently approved by OMB.

7. 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 person listed in the ``FOR FURTHER INFORMATION CONTACT'' section.

   List of Subjects

   Environmental protection, Information collection requests, Reporting and recordkeeping requirements.

   Dated: September 2, 1999.

   Susan H. Wayland,

   Deputy Assistant Administrator for Prevention, Pesticides and Toxic Substances.

   [FR Doc. 99-23711Filed9-10-99; 8:45 am]

   BILLING CODE 6560-50-F