[Federal Register Volume 65, Number 42 (Thursday, March 2, 2000)]
[Notices]
[Pages 11306-11308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5049]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-00287; FRL-6488-3]


Substantial Risk Information Reporting Under Section 8(e) of the 
Toxic Substances Control Act (TSCA); Request for Comment on Renewal of 
Information Collection Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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): Substantial Risk 
Information Reporting Under Section 8(e) of the Toxic Substances 
Control Act (TSCA) (EPA ICR No. 0794.08, OMB No. 2070-0046). This ICR 
involves a collection activity that is currently approved and scheduled 
to expire on June 30, 2000. The information collected under this ICR 
helps EPA identify and take steps to mitigate any substantial risk of 
injury to human health or the environment caused by chemical 
substances. 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-
00287 and administrative record number AR-223, must be received on or 
before May 1, 2000.

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. To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPPTS-00287 and administrative record number AR-223 in 
the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Joseph S. Carra, Deputy Director, Office of Pollution Prevention and 
Toxics (7401), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 554-1404; TDD: (202) 554-
0551; e-mail address: [email protected].
    For technical information contact: Richard Hefter, Risk Assessment 
Division (7403), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (202) 260-3470; fax 
number: (202) 260-1283; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture, 
import, process or distribute a TSCA-covered chemical substance or 
mixture. Potentially affected categories and entities may include, but 
are not limited to:

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             Type of business                         SIC codes
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Chemicals and allied products               28
Petroleum refining                          2911
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    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. The Standard Industrial Classification (SIC) codes are 
provided to assist you and others in determining

[[Page 11307]]

whether or not this action might apply to certain entities. If you have 
any questions regarding the applicability of this action to a 
particular entity, consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.

II. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

A. Electronically

    You may obtain electronic copies of this document, and certain 
other related documents that might be available electronically, from 
the EPA Internet Home Page at http://www.epa.gov/. On the Home Page 
select ``Laws and Regulations'' and then look up the entry for this 
document under the ``Federal Register--Environmental Documents.'' You 
can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.

B. Fax-on-Demand

    Using a faxphone call (202) 401-0527 and select item 4080 for a 
copy of the ICR.

C. In Person

    The Agency has established an official record for this action under 
docket control number OPPTS-00287 and administrative record number AR-
223. The official record consists of the documents specifically 
referenced in this action, any public comments received during an 
applicable comment period, and other information related to this 
action, including any information claimed as Confidential Business 
Information (CBI). This official record includes the documents that are 
physically located in the docket, as well as the documents that are 
referenced in those documents. The public version of the official 
record does not include any information claimed as CBI. The public 
version of the official record, which includes printed, paper versions 
of any electronic comments submitted during an applicable comment 
period, is available for inspection in the TSCA Nonconfidential 
Information Center, North East Mall Rm. B-607, Waterside Mall, 401 M 
St., SW., Washington, DC. The Center is open from noon to 4 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Center is (202) 260-7099.

III. How Can I Respond to this Action?

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

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPPTS-00287 and administrative 
record number AR-223 on the subject line on the first page of your 
response.
    1. By mail. Submit your comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC. 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) 260-7093.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: ``[email protected],'' or mail your computer disk to the 
address identified in Units III.A.1. and 2. Do 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. Comments and data will also be 
accepted on standard disks in WordPerfect 6.1/8.0 or ASCII file format. 
All comments in electronic form must be identified by docket control 
number OPPTS-00287 and administrative record number AR-223. Electronic 
comments may also be filed online at many Federal Depository Libraries.

B. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document 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. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the technical person identified under FOR FURTHER 
INFORMATION CONTACT.

C. 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.
    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 in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number and administrative record 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.

D. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act 
(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.

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

    EPA is seeking comments on the following ICR:
    Title: Substantial Risk Information Reporting Under Section 8(e) of 
the Toxic Substances Control Act (TSCA).
    ICR numbers: EPA ICR No. 0794.08, OMB No. 2070-0046.

[[Page 11308]]

    ICR status: This ICR is currently scheduled to expire on June 30, 
2000. 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 8(e) requires that any person who 
manufactures, imports, processes or distributes in commerce a chemical 
substance or mixture and who obtains information that reasonably 
supports the conclusion that such substance or mixture presents a 
substantial risk of injury to health or the environment must 
immediately inform EPA of such information. EPA routinely disseminates 
TSCA section 8(e) data it receives to other Federal agencies to provide 
information about newly discovered chemical hazards and risks.
    Responses to the collection of information are mandatory (see 15 
U.S.C. 2607(e)). 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.
    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 27.0 hours per 
response for initial TSCA section 8(e) submissions, and 5.0 hours per 
follow-up/supplemental section 8(e) submission. The following is a 
summary of the estimates taken from the ICR:
    Respondents/affected entities: Persons who manufacture, import, 
process or distribute a TSCA-covered chemical substance or mixture.
    Estimated total number of potential respondents: 267.
    Frequency of response: On occasion.
    Estimated total/average number of responses for each respondent: 1.
    Estimated total annual burden hours: 8,209.
    Estimated total annual burden costs: $747,019.

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

    Compared with the information collection most recently approved by 
OMB, there is a decrease of 1,291 hours in the estimated burden to 
respondents, from an estimated annual total burden of 9,500 hours 
currently approved to an average annual total burden of 8,209 hours in 
this request. This decrease reflects a reduction in the anticipated 
number of follow-up or supplemental TSCA section 8(e) notices received. 
In previous ICR renewals, EPA used an average ratio of 2.2 follow-up 
notices per each initial submission, based on historical experience. In 
recent years, however, the number of follow-up notices has fallen 
dramatically, due to changes in the nature of EPA's review of initial 
notices. As a result, EPA chose to use for this request an estimated 
average ratio of 0.75 follow-up or supplemental section 8(e) notices 
per each initial section 8(e) notice received.

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 technical person listed under 
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: February 18, 2000.
Susan H. Wayland,
Deputy Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 00-5049 Filed 3-1-00; 8:45 am]
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