[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35806-35808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12714]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2002-0014; FRL-7177-1]


TSCA Section 8(d) Health and Safety Data Reporting, Submission of 
Lists and Copies of Health and Safety Studies; 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 8(d) Health and 
Safety Data Reporting, Submission of Lists and Copies of Health and 
Safety Studies (EPA ICR No. 0575.09, OMB Control No. 2070-0004). 
This ICR involves a collection activity that is currently approved and 
scheduled to expire on October 31, 2002. The information collected 
under this ICR relates to requirements that manufacturers and 
processors submit lists and copies of health and safety studies 
relating to the health and/or environmental effects of chemical 
substances and mixtures listed in the TSCA section 8(d) rule (40 CFR 
part 716). 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 ID number 
OPPT-2002-0014, must be received on or before July 22, 
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 ID 
number OPPT-2002-0014 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: Paul Campanella, Chemical 
Control Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-8091; fax 
number: (202) 564-4765; 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
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Chemical manufacturing                      325
Petroleum refineries                        32411
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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 North American Industrial Classification System (NAICS) 
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

[[Page 35807]]

"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 4094 
and 4095 for a copy of the ICR.

C. In Person

    The Agency has established an official record for this action under 
docket ID number OPPT-2002-0014. 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 ID number OPPT-2002-0014 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 ID number 
OPPT-2002-0014. 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.
    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 
ID 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 8(d) Health and Safety Data Reporting, 
Submission of Lists and Copies of Health and Safety Studies.
    ICR numbers: EPA ICR No. 0575.09, OMB No. 2070-0004.
    ICR status: This ICR is currently scheduled to expire on October 
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 8(d) of the Toxic Substances Control Act (TSCA) 
and 40 CFR part 716 require manufacturers and processors of chemicals 
to submit lists and copies of health and safety studies relating to the 
health and/or environmental effects of certain chemical substances and 
mixtures. In order to comply with the reporting requirements of section 
8(d), respondents must search their records to

[[Page 35808]]

identify any health and safety studies in their possession, copy and 
process relevant studies, list studies that are currently in progress, 
and submit this information to EPA.
    EPA uses this information to construct a complete picture of the 
known effects of the chemicals in question, leading to determinations 
by EPA of whether additional testing of the chemicals is required. The 
information enables EPA to base its testing decisions on the most 
complete information available and to avoid demands for testing that 
may be duplicative. EPA will use information obtained via this 
collection to support its investigation of the risks posed by chemicals 
and, in particular, to support its decisions on whether to require 
industry to test chemicals under section 4 of TSCA.
    Responses to the collection of information are mandatory (see 40 
CFR part 716). 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 4.1 hours per 
response. The following is a summary of the estimates taken from the 
ICR:
    Respondents/affected entities: 569.
    Frequency of response: On occasion.
    Estimated average number of responses for each respondent: 12.5.
    Estimated total annual burden hours: 2,344.
    Estimated total annual burden costs: $203,512.

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

    There is a decrease of 2,198 hours (from 4,542 hours to 2,344 
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 an updated analysis of the historical 
reporting patterns and the number of chemicals listed on the section 
8(d) reporting rule (adjustment). Specifically, because no new 
chemicals were added to the rule during the previous ICR reporting 
period, the number of chemicals added during the 1993 through 1996 
period were averaged over 8 years (1993 through 2000) to provide an 
estimate of expected reporting over the coming 3 year period of this 
ICR renewal. Unit burden estimates have not changed.

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: May 10, 2002.
Stephen L. Johnson,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 02-12714 Filed 5-20-02; 8:45 am]
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