[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Notices]
[Pages 40865-40867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19274]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-00272; FRL-6084-1]


TSCA Existing Chemical Test Rules, Consent Orders, Exemptions and 
Voluntary Test Data Submissions; Request for Comment on Renewal 
Information Collection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 et 
seq.), EPA is seeking public comment and information on the following 
Information Collection Request (ICR): TSCA Existing Chemical Test 
Rules, Consent Orders, Exemptions and Voluntary Test Data Submissions 
(EPA ICR No. 1139.06, OMB No. 2070-0033). This ICR involves a 
collection activity that is currently approved and scheduled to expire 
on September 30, 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-00272'' and administrative record number 212, must be received 
on or before September 27, 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-
H[email protected]. For technical information contact: Keith Cronin, 
Chemical Control Division (7405), Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460, Telephone: 202-260-8157; Fax: 202-260-1096; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply to Me?

    You may be potentially affected by this notice if you manufacture, 
distribute, process, import, use or dispose of chemical substances or 
mixtures. Potentially affected categories and entities may include, but 
are not limited to the following:


------------------------------------------------------------------------
                                                 Standard Industrial
             Type of Business                 Classification (SIC) Code
------------------------------------------------------------------------
Industrial organic chemicals                2819
Adhesives and sealants                      2891
Paints and allied products                  2851
Textile goods                               2299
Petroleum products                          5172
------------------------------------------------------------------------

    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 790.2 and in section 4(a) of the Supporting Statement of the 
information collection. 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.

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

A. 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. 
Although a copy of the ICR is posted with the Federal Register notice, 
you can also access a copy of the ICR by going directly to http://
www.epa.gov/icr. You can then follow the menu to locate this ICR by the 
EPA ICR number, the OMB control number, or the title of the ICR.

B. 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 4067. You may also 
follow the automated menu.

C. 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-00272'' (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.

III. How Can I Respond to This Notice?

A. 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-00272'' and administrative record number 212 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,

[[Page 40866]]

401 M St., SW., Washington, DC, Telephone: 202-260-7093.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: [email protected]. 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-00272'' and 
administrative record number 212. Electronic comments on this notice 
may also be filed online at many Federal Depository Libraries.

B. 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.

C. 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.

D. 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:
     Explain your views as clearly as possible.
     Describe any assumptions that you used.
     Provide solid technical information and/or data to support 
your views.
     If you estimate potential burden or costs, explain how you 
arrived at the estimate.
     Provide specific examples to illustrate your concerns.
     Offer alternative ways to improve the rule or collection 
activity.
     Make sure to submit your comments by the deadline in this 
notice.
     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.

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

    EPA is seeking comments on the following ICR:
    Title: TSCA Existing Chemical Test Rules, Consent Orders, 
Exemptions and Voluntary Test Data Submissions.
    ICR numbers: EPA ICR No. 1139.06, OMB No. 2070-0033.
    ICR status: This ICR is currently scheduled to expire on September 
30, 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: Section 4 of the Toxic Substances Control Act (TSCA) is 
designed to assure that chemicals that may pose serious risks to human 
health or the environment undergo testing by manufacturers or 
processors, and that the results of such testing is made available to 
EPA. EPA uses the information collected under the authority of TSCA 
section 4 activity to assess risks associated with the manufacture, 
processing, distribution, use or disposal of a chemical, and to support 
any necessary regulatory action with respect to that chemical.
    EPA must assure that appropriate tests are performed on a chemical 
if it decides: (1) That a chemical being considered under TSCA section 
4(a) may pose an ``unreasonable risk'' or is produced in 
``substantial'' quantities that may result in substantial or 
significant human exposure or substantial environmental release of the 
chemical; (2) that additional data are needed to determine or predict 
the impacts of the chemical's manufacture, processing, distribution, 
use or disposal; and (3) that testing is needed to develop such data. 
Rules and consent orders under TSCA section 4 require that one 
manufacturer or processor of a subject chemical perform the specified 
testing and report the results of that testing to EPA. TSCA section 4 
also allows a manufacturer or processor of a subject chemical to apply 
for an exemption from the testing requirement if that testing will be 
or has been performed by another party.
    Responses to the collection of information are mandatory (see 40 
CFR part 790). 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.

V. 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.

[[Page 40867]]

    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 133 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 persons in the United States who manufacture, 
distribute, process, import, use or dispose of chemical substances or 
mixtures.
    Estimated total number of potential respondents: 40.
    Frequency of response: On occasion.
    Estimated total/average number of responses for each respondent: 
235 (average).
    Estimated total annual burden hours: Approximately 1,110,800 hours.
    Estimated total annual burden costs: Approximately $263.5 million.

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

    The major change from the information collection most recently 
approved by OMB is a significant increase in the estimated burden hours 
to respondents, from an average annual total burden of 76,450 hours 
currently approved to an average annual total burden of 1,110,782 hours 
in this request. This increase reflects the addition of a proposed High 
Production Volume (HPV) test rule that will review 3,000 chemicals over 
a 3 year period, or 1,000 chemicals annually, and a children's health 
test rule that will review 44 chemicals in the first year of this ICR. 
EPA assumes that half the chemicals targeted for these TSCA section 4 
rulemakings will be enrolled in the voluntary testing program. Only 
those costs and burdens associated with the voluntary program are 
considered in this ICR. EPA is particularly interested in receiving 
comments on these changes.

VII. 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: July 13, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 99-19274 Filed 7-27-99; 8:45 am]
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