[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Notices]
[Pages 18606-18608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9220]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2002-0004; FRL-6832-7]


TSCA Section 5(a)(2) Significant New Use Rules for Existing 
Chemicals; 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 on the following 
Information Collection Request (ICR): TSCA Section 5(a)(2) Significant 
New Use Rules for Existing Chemicals (EPA ICR No. 1188.07, OMB No. 
2070-0038). This ICR involves a collection activity that is currently 
approved and scheduled to expire on August 31, 2002. The information 
collected under this ICR relates to the requirement that persons notify 
EPA at least 90 days before they manufacture, import, or process a 
chemical substance for a significant new use, as defined by the Toxic 
Substances Control Act (TSCA) section 5. 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 OPPT-
2002-0004 and administrative record number AR-240, must be received on 
or before May 16, 2002.

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 OPPT-2002-0004 and administrative record number AR-240 
in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Acting Director, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Frank Kover, Chemical Control 
Division (7405M), Office of Pollution Prevention

[[Page 18607]]

and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460; telephone number: (202) 564-8162; fax 
number: (202) 564-4755; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you are a company 
that manufactures, processes, imports, or distributes in commerce 
chemical substances or mixtures. Potentially affected categories and 
entities may include, but are not limited to:

------------------------------------------------------------------------
        Type of business              NAICS codes          SIC codes
------------------------------------------------------------------------
Basic chemical manufacturing      3251                2869
Resin, synthetic rubber and       3252                2821
 artificial synthetic fibers,
 and filaments manufacturing
Paint, coating, and adhesive      3255                2851
 manufacturing
Pesticide, fertilizer, and other  3253                2879
 agricultural chemical
 manufacturing
Petroleum refineries              32411               2911
------------------------------------------------------------------------

    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 North American Industry Classification System (NAICS) 
codes and the Standard Industrial Classification (SIC) codes are 
provided to assist you and others in determining 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,'' ``Regulations and Proposed Rules,'' 
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) 564-3119 and select items 4091, 4092, 
and 4093 for a copy of the ICR.

C. In Person

    The Agency has established an official record for this action under 
docket control number OPPT-2002-0004 and administrative record number 
AR-240. 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 OPPT-2002-0004 and administrative 
record number AR-240 on the subject line on the first page of your 
response.
    1. By mail. Submit your comments to: Document Control Office 
(7407M), Office of Pollution Prevention and Toxics (OPPT), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in EPA East Building Rm. 6428, 1201 Constitution 
Ave., NW., 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) 564-8930.
    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 OPPT-2002-0004 and administrative record number AR-240. 
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 listed 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.

[[Page 18608]]

    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 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: TSCA Section 5(a)(2) Significant New Use Rules for Existing 
Chemicals.
    ICR numbers: EPA ICR No. 1188.07, OMB No. 2070-0038.
    ICR status: This ICR is currently scheduled to expire on August 31, 
2002. An Agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that is subject to 
approval under PRA, 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 5 of TSCA provides EPA with a regulatory 
mechanism to monitor and, if necessary, control significant new uses of 
chemical substances. Section 5 of TSCA authorizes EPA to determine by 
rule (a significant new use rule or SNUR), after considering all 
relevant factors, that a use of a chemical substance represents a 
significant new use. If EPA determines that a use of a chemical 
substance is a significant new use, section 5 of TSCA requires persons 
to submit a notice to EPA at least 90 days before they manufacture, 
import, or process the substance for that use.
    EPA uses the information obtained through this collection to 
evaluate the health and environmental effects of the significant new 
use. EPA may take regulatory actions under TSCA section 5, 6 or 7 to 
control the activities for which it has received a SNUR notice. These 
actions include orders to limit or prohibit the manufacture, 
importation, processing, distribution in commerce, use, or disposal of 
chemical substances. If EPA does not take action, section 5 of TSCA 
also requires EPA to publish a Federal Register notice explaining the 
reasons for not taking action.
    Responses to the collection of information are mandatory (see 40 
CFR part 721). 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 be 118.9 hours per 
response. The following is a summary of the estimates taken from the 
ICR:
    Respondents/affected entities: 8.
    Frequency of response: On occasion.
    Estimated average number of responses for each respondent: 1 per 
year.
    Estimated total annual burden hours: 988.
    Estimated total annual burden costs: $81,921.

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

    There is a decrease of 44 hours (from 1,032 hours to 988 hours) in 
the total estimated respondent burden compared with that identified in 
the information collection request most recently approved by OMB. This 
change results from updating estimates based upon historical 
information on SNURs promulgated by the EPA (adjustment). Based upon 
revised estimates, the number of SNUNs estimated to be received 
annually has increased from 3 to 5. Additionally, the estimated number 
of chemicals per SNUR has increased from 34 to 65.5. However, the 
estimated annual number of SNURs has decreased from 10 to 3 based upon 
historical information. The overall result of these adjustments is a 
decrease in estimated burden.

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: April 5, 2002.
Susan B. Hazen,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 02-9220 Filed 4-15-02; 8:45 am]
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