Revocation of 1980 Guidelines and Final Opportunity To Submit a Request To Correct the Initial Report Filed for the Original Toxic Substances Control Act (TSCA) Inventory of Chemical Substances
| Published date | 25 February 2022 |
| Citation | 87 FR 10781 |
| Record Number | 2022-04044 |
| Section | Notices |
| Court | Environmental Protection Agency |
10781
Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2021–0849; FRL–9311–01–
OCSPP]
Revocation of 1980 Guidelines and
Final Opportunity To Submit a Request
To Correct the Initial Report Filed for
the Original Toxic Substances Control
Act (TSCA) Inventory of Chemical
Substances
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice.
SUMMARY
: The Environmental Protection
Agency (EPA) is revoking the 1980
guidelines and associated procedures
for correcting the specific chemical
identities of incorrectly described
chemical substances submitted to EPA
in 1978 using the original reporting
form for inclusion on the Toxic
Substances Control Act (TSCA)
Chemical Substance Inventory
(Inventory). In so doing, the Agency is
providing a final opportunity to use the
1980 guidelines and form to request
corrections of Inventory listings to
address errors with the chemical
identities submitted in the original
reporting forms. The regulated
community will have 60 days from the
date of this notice to submit any final
Inventory corrections. EPA is also
announcing the discontinuation of the
related form and associated approval of
the collection activities under the
Paperwork Reduction Act (PRA).
DATES
: The revocation is effective May
31, 2022. All final Inventory corrections
must be received on or before April 26,
2022.
ADDRESSES
: Final corrections must be
submitted by mail to the Office of
Pollution Prevention and Toxics
Confidential Business Information
Center (7407M), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001
or by courier to the Office of Pollution
Prevention and Toxics Confidential
Business Information Center,
Environmental Protection Agency, 1201
Constitution Avenue NW, WJC East;
Room 6428, Washington, DC 20004–
3302; (202) 564–8930. The docket for
this action, identified by docket
identification (ID) number EPA–HQ–
OPPT–2021–0894, is available online at
http://www.regulations.gov. Please note
that due to the public health concerns
related to COVID–19, the EPA/Docket
Center and Reading Room is open to
visitors by appointment only. For the
latest status information on the EPA/DC
and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT
:
Alexandria Stanton, New Chemicals
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460;
telephone number: 202–564–5574;
email address: stanton.alexandria@
epa.gov.
SUPPLEMENTARY INFORMATION
:
I. Executive Summary
A. Does this action apply to me?
You may be affected by this action if
you are a manufacturer or importer of a
chemical substance who incorrectly
reported to the original TSCA Inventory
published in 1979, or its revision
published in 1980, via an original
Inventory reporting form, and added to
the Inventory with an incorrect specific
chemical identity. The following North
American Industrial Classification
System (NAICS) codes are not intended
to be exhaustive, but rather provide a
guide to help readers determine whether
this action may apply to them:
•Chemical manufacturing or
processing (NAICS code 325).
•Petroleum and Coal Products
Manufacturing (NAICS code 324).
If you have questions regarding the
applicability of this action to a
particular entity, consult the technical
person listed under
FOR FURTHER
INFORMATION CONTACT
.
B. What action is the Agency taking?
EPA will be discontinuing processing
Inventory Corrections, withdrawing its
Inventory Correction guidelines
published in the Federal Register of
July 29, 1980 (45 FR 50544), and
phasing out the accompanying
procedures by which a person who
submitted an incorrectly identified
chemical substance on an original
Inventory reporting form, or a legal
successor, may request a correction of
that Inventory listing. The phase-out
period for correction requests ends on
April 26, 2022.
During the phase-out period persons
may wish to review their original
Inventory submissions for any
remaining incorrectly described
chemical substances and submit
correction requests. Correction requests
must be complete and meet the
correction guidelines published in 1980.
Correction requests that are incomplete
or that are ineligible according to the
1980 guidelines will be rejected by EPA.
Correction requests that are complete
and eligible will be accepted by the
Agency, and the corrected specific
chemical identities will be added to the
Inventory. Any outstanding correction
requests already received by EPA at the
time of publication of this notice for
which the Agency has requested but not
yet received additional information in
order to be able to process the request
will have until April 26, 2022 to provide
the information and complete the
request.
After April 26, 2022, EPA does not
intend to accept requests to correct
original Inventory reporting forms. If,
after April 26, 2022, a person discovers
for any reason an error in the specific
chemical identity of a chemical
substance submitted on an original
Inventory reporting form, a
Premanufacture Notice (PMN) or
exemption notice may need to be filed
if the chemical substance is not already
listed on the TSCA Inventory.
This action does not impact EPA’s
authority for initiating, at its discretion,
corrections to the Inventory should the
Agency determine on its own that, for
example, a chemical substance listed on
the Inventory has been unintentionally
misidentified. Only in this situation will
EPA, at its discretion, request and
accept documentation from a company
to support an Inventory correction in
lieu of requiring a PMN or exemption
notice. This action also does not impact
EPA’s regular maintenance of the
Inventory that can include
nomenclature updates and correcting
minor errors to listings. EPA notes that
the Inventory corrections 1980
guidelines and associated phase-out
period do not apply to requests for
corrections to PMN submissions. If a
PMN submitter becomes aware of a
material error in a PMN submission
currently under review by EPA, the
submitter must timely inform EPA
pursuant to 40 CFR 720.40(f). EPA will
not grant requests to correct a specific
chemical identity reported in a PMN
submission after the applicable review
period has ended.
C. What is the Agency’s authority for
taking this action?
TSCA section 5 requires any person
who intends to manufacture (including
import) a new chemical substance for a
non-exempt commercial purpose to
notify EPA at least 90 days in advance.
TSCA section 8(b) requires EPA to
compile, keep current, and publish a list
(i.e., the TSCA Inventory) of each
chemical substance that is
manufactured or processed in the
United States.
D. Why is EPA taking this action?
It has become increasingly evident
that the 1980 guidelines have outlived
the purpose for which they were
intended. Furthermore, the Agency
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Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices
understands that the passage of time is
also making it more difficult for the
original submitters or their legal
successors to provide the necessary
documentation supporting a request for
a correction. Persons have had more
than 40 years since the 1980 publication
of the revised Inventory and the
correction guidelines to discover
inadvertent, good faith errors on original
Inventory reporting forms.
E. What is the incremental economic
impact of this action?
The EPA considered the incremental
costs and benefits associated with this
action, and the EPA estimates there will
be a burden reduction for both
respondents and the Agency with the
elimination of reporting and
recordkeeping requirements associated
with submission, form completion,
recordkeeping, and CBI substantiation.
The EPA estimates a burden reduction
for respondents of $3,030 (2016 wage
rates) based on the currently approved
Information Collection Request (ICR)
OMB Control No. 2070–0145 (EPA ICR
No. 1741.08). This action will also
reduce Agency costs of $3,574 (2016
wage rates) associated with this
collection, which include the printing
and distributing of reporting forms,
providing reporting assistance,
reviewing, and processing of the report
forms and entry of data into the
Inventory databases.
II. Background
A. What is the original Inventory
reporting requirement?
In accordance with the TSCA section
8(b) requirement, EPA promulgated the
Inventory Reporting Regulations at 40
CFR part 710 on December 23, 1977 (42
FR 64572; FRL 817–1), which governed
the reporting requirements for, and the
scope of, the chemical substances to be
included on the original TSCA
Inventory. The reporting requirements
included a 1975 to 1978 reporting
period for chemical substances in U.S.
commerce at that time and a 1978
submission period to report such
chemicals on one of five original
Inventory reporting forms.
B. What are the 1980 guidelines for
correcting errors in original reports?
Following the 1978 TSCA Inventory
submission period, EPA recognized that
a considerable number of chemical
substances submitted for inclusion on
the original Inventory, published in
1979, and its revision published in
1980, could unintentionally have been
described incorrectly by persons
reporting them. These errors could have
happened as a result of typographical or
transcriptional errors, the inadvertent
(good faith) technical misidentification
of chemical substances, or the lack of
sufficient technical or analytical
capabilities to fully characterize the
exact chemical identities of some
chemical substances.
Although not required to do so under
TSCA, EPA decided to provide a
mechanism for submitters to request
corrections of specific chemical identity
errors found on their original Inventory
reporting forms. In the Federal Register
of July 29, 1980 (45 FR 50544; FRL–
1554–3), the Agency announced the
availability of the revised TSCA
Inventory and 1980 guidelines on how
to request corrections of incorrectly
described chemical substances. The
1980 guidelines identify the types of
correction requests that were eligible to
be submitted and the documentation
that should accompany each type of
request. The 1980 guidelines apply to
incorrectly described chemical
substances submitted on original
Inventory reporting forms and included
on the original 1979 Inventory and its
1980 revision.
The 1980 guidelines provided
industry with a relatively easy
mechanism to correct unintentional
chemical identity errors made on
original Inventory reporting forms
without having to interrupt manufacture
and submit a PMN or exemption notice
under TSCA section 5. As a result, the
1980 guidelines were widely used to
request corrections to original Inventory
listings, with requests decreasing over
time. EPA accepted a large number of
correction requests, particularly at first,
and added the correct specific chemical
identities to the Inventory, which to a
certain extent has helped the Agency to
maintain an accurate Inventory of
existing chemicals. However, the 1980
guidelines failed to include a time
period during which requests for
corrections to the Inventory could be
submitted. It was never EPA’s intent to
establish a correction mechanism that
would be open-ended in time, lasting
for decades.
III. Rationale
It has become increasingly evident
that the 1980 guidelines have outlived
the purpose for which they were
intended. Furthermore, the Agency
understands that the passage of time is
also making it more difficult for the
original submitters or their legal
successors to provide the necessary
documentation supporting a request for
a correction. Original submitters of
original Inventory reporting forms or
their legal successors often are unable to
provide the supporting documentation
to substantiate their assertion that the
chemical identity was incorrect on the
original reporting form, which is
necessary for EPA to accept that a
correction is appropriate. The lack of
adequate original submitter
documentation has been a major
concern and obstacle for EPA in
reviewing and accepting correction
requests. In order for EPA to accept a
correction request, the requester must
provide certain original company
records documenting what was known
about the specific chemical identity of
the chemical substance during the 1975
to 1978 original Inventory reporting
period, as well as the specific nature of
the errors contained in the original
Inventory reporting form.
The Agency also understands that the
Inventory correction request process
may be used improperly by entities
attempting to avoid submission of a
PMN or exemption notice for a new
chemical substance. An example of such
an improper use would be a request to
change the specific chemical identity of
a chemical substance correctly
submitted on an original Inventory
reporting form, and correctly listed on
the original Inventory or its revision, in
order to include on the current
Inventory a different specific chemical
identity that was the result of a change
in the manufacture of the original
chemical substance. The manufacturing
change may be due to a change in the
supply of a feedstock, a change in a
performance requirement of the end
product, or a change in the commercial
intentions of the end product. In these
situations where the original chemical
substance was correctly submitted on an
original Inventory reporting form, but at
a later point in time a new and different
chemical substance was being
manufactured or imported in its place,
some persons have requested Inventory
corrections that are ineligible under the
1980 guidelines. These situations
require the submission of a PMN or
exemption notice for the new chemical
substances not previously reported.
Persons have had more than 40 years
since the 1980 publication of the revised
Inventory and the correction guidelines
to discover inadvertent, good faith
errors on original Inventory reporting
forms. In addition, persons have had
nine specific opportunities over more
than thirty years to review their
Inventory listings during the six
Inventory Update Rule submission
periods in 1986, 1990, 1994, 1998, 2002,
and 2006, followed by the three
Chemical Data Reporting rule
submission periods in 2012, 2016, and
2020. Additionally, the Notice of
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Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices
Activity reporting in 2017 through 2018
provided an opportunity for
comprehensive Inventory listing review.
Persons have had more than sufficient
time and opportunity to review their
Inventory listings and request Inventory
corrections for eligible situations.
Moreover, the Agency currently receives
few requests, many of which are
rejected or otherwise cannot be
processed for the reasons described
above. The Agency therefore believes
that continuing to allow Inventory
corrections will not improve the
accuracy of the Inventory. As a result,
EPA is taking this action to end
company-requested Inventory
corrections.
IV. Paperwork Reduction Act
According to the PRA, 44 U.S.C. 3501
et seq., an agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
that requires OMB approval under the
PRA, unless it has been approved by
OMB and displays a currently valid
OMB control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument or form, if
applicable.
This document does not contain any
new information collection
requirements that would require
additional OMB review and approval.
The information collection activities
related to the potential submission of
information pursuant to TSCA section 5
already has been approved by OMB
under OMB Control No. 2070–0145
(EPA ICR No. 1741.08). The annual
respondent burden for this information
collection activity is estimated to
average 39 hours per respondent,
including time for reading the
regulations, processing, compiling and
reviewing data, storing, filing, and
maintaining the data. For additional
details, please see the Information
Collection Request document that is
available in the docket.
Send any comments about the
accuracy of the burden estimate, and
any suggested methods for further
minimizing respondent burden,
including through the use of automated
collection techniques, to the Director,
Regulatory Support Division, Office of
Mission Support (2822T),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001. Please remember to
include the OMB control number in any
correspondence, but do not submit any
inventory corrections or related
questions to this address.
Authority: 15 U.S.C. 2604.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2022–04044 Filed 2–24–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2021–0287; FRL–9612–01–
OMS]
Information Collection Request
Submitted to OMB for Review and
Approval; Comment Request;
Certification of Pesticide Applicators
(Renewal)
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice.
SUMMARY
: The Environmental Protection
Agency (EPA) has submitted an
information collection request (ICR),
Certification of Pesticide Applicators
(EPA ICR No. 2499.03, OMB Control No.
2070–0196) to the Office of Management
and Budget (OMB) for review and
approval in accordance with the
Paperwork Reduction Act. The is a
proposed extension of the ICR, which is
currently approved through February
28, 2022. Public comments were
previously requested via the Federal
Register on June 30, 2021 during a 60-
day comment period. This notice allows
for an additional 30 days for public
comments. A fuller description of the
ICR is given below, including its
estimated burden and cost to the public.
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.
DATES
: Additional comments must be
received on or before March 28, 2022.
ADDRESSES
: Submit your comments to
EPA, referencing Docket ID No. EPA–
HQ–OPP–2021–0287, online using
www.regulations.gov (our preferred
method), by email to siu.carolyn@
epa.gov, or by mail to: EPA Docket
Center, Environmental Protection
Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC
20460.
EPA’s policy is that all comments
received will be included in the docket
without change, including any personal
information provided, unless the
comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI), or other
information whose disclosure is
restricted by statute.
Submit written comments and
recommendations to OMB for the
proposed information collection within
30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
FOR FURTHER INFORMATION CONTACT
:
Carolyn Siu, Regulatory Support
Branch, Office of Chemical Safety and
Pollution Prevention, Environmental
Protection Agency (Mailcode: 7101M),
1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: (202) 566–1205; email address:
siu.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION
:
Supporting documents, which explain
in detail the information that the EPA
will be collecting, are available in the
public docket for this ICR. The docket
can be viewed online at
www.regulations.gov or in person at the
EPA Docket Center, WJC West, Room
3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number
for the Docket Center is 202–566–1744.
For additional information about EPA’s
public docket, visit http://www.epa.gov/
dockets.
Abstract: EPA administers
certification programs for pesticide
applicators under section 11 of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), 7 U.S.C. 136
et seq. FIFRA allows EPA to classify a
pesticide as ‘‘restricted use’’ if the
pesticide meets certain toxicity or risk
criteria. The regulations in 40 CFR part
171 include procedures for certification
programs for States, Federal agencies,
Indian tribes, or U.S. territories who
wish to develop and implement their
own certification plans and programs,
after obtaining EPA approval. This ICR
addresses the information collection
activities contained in the final rule
revisions to 40 CFR part 171, issued in
the Federal Register on January 4, 2017
(82 FR 952) (FRL–9956–70). The ICR
estimates the incremental burden of the
changes that were not already included
in the ICR entitled ‘‘Certification of
Pesticide Applicators’’ as approved
under OMB No: 2070–0029.
The final rule revised 40 CFR part 171
to include new and revised standards
for certification for commercial and
private applicators, provisions for
recertification of applicators, and
training for noncertified applicators
applying restricted use pesticides
(RUPs) under the supervision of
certified applicators. The rule also
includes changes to improve the clarity
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