[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Notices]
[Pages 23455-23457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10896]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2002-0035; FRL-7492-3]


Agency Information Collection Activities; Submission of EPA ICR 
No. 0794.10 (OMB No. 2070-0046) to OMB for Review and Approval; Comment 
Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Notification of Substantial 
Risk of Injury to Health and the Environment under TSCA Section 8(e) 
(EPA ICR No. 0794.10; OMB Control No. 2070-0046). The ICR, which is 
abstracted below, describes the nature of the information collection 
and its estimated burden and cost. On August 22, 2002 (67 FR 54416), 
EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA 
received two comments, and addressed the comments received as an 
attachment to the ICR.

DATES: Additional comments may be submitted on or before June 2, 2003.

ADDRESSES: Submit your comments, identified by docket ID number OPPT-
2002-0035, to both (1) EPA online at http://www.epa.gov/edocket (our 
preferred method) or by mail to: EPA Docket Center, Environmental 
Protection Agency, Mailcode: 7407T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, and (2) OMB at: Office of Information and 
Regulatory

[[Page 23456]]

Affairs, Office of Management and Budget (OMB), Attention: Desk Officer 
for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Acting Director, 
Environmental Assistance Division, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, Mailcode: 7408, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12.
    EPA has established a public docket for this ICR under Docket ID 
No. OPPT-2002-0035, which is available for public viewing at the 
Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/
DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. 
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is (202) 566-1744, and the 
telephone number for the Pollution Prevention and Toxics Docket is 
(202) 566-0280. An electronic version of the public docket is available 
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use 
EDOCKET to submit or view public comments, access the index listing of 
the contents of the public docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified above. 
Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
in EDOCKET as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose public 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EDOCKET. The 
entire printed comment, including the copyrighted material, will be 
available in the public docket. Although identified as an item in the 
official docket, information claimed as CBI, or whose disclosure is 
otherwise restricted by statute, is not included in the official public 
docket, and will not be available for public viewing in EDOCKET.
    Title: Notification of Substantial Risk of Injury to Health and the 
Environment under TSCA Section 8(e) (EPA ICR No. 0794.10; OMB Control 
No. 2070-0046). This is a request to renew an approved collection that 
is currently scheduled to expire on April 30, 2003. Under the OMB 
regulations, the Agency may continue to conduct or sponsor the 
collection of information while this submission is pending at OMB.
    Abstract: TSCA section 8(e) requires that any person who 
manufactures, imports, processes or distributes in commerce a chemical 
substance or mixture and which 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.
    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 
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.
    Burden Statement: The annual public reporting burden for this 
collection of information is estimated to range between 5 hours and 27 
hours per response, depending upon the nature of the response. 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. This 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.
    Respondents/Affected Entities: Companies that manufacture, import, 
process or distribute in commerce chemical substances or mixtures and 
that obtain information that reasonably supports the conclusion that 
such substance or mixture presents a substantial risk of injury to 
health or the environment.
    Frequency of Collection: On occasion.
    Estimated No. of Respondents: 218.
    Estimated Total Annual Burden on Respondents: 6,431 hours.
    Estimated Total Annual Costs: $678,525.
    Changes in Burden Estimates: There is a decrease of 1,778 hours 
(from 8,209 hours to 6,431 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 
overall decrease in section 8(e) reporting, primarily from a reduction 
in the number of follow-up/supplemental section 8(e) notices received. 
In previous ICR renewals, EPA used an historical average of 2.2 follow-
up notices per each initial submission. This figure was based on EPA's 
experience and system for reviewing section 8(e) notices in place pre-
1990. During that time EPA received fewer than 100 initial notices per 
year and was able to perform a much more detailed review of each notice 
received. The consequence of that review was that there was much more 
interaction with the submitting companies generating numerous follow-up 
notices and information submissions. However, during and since the 1991 
Compliance Audit Program, because of the increase in initial notices 
submitted, EPA has contacted submitters for additional information only 
for those initial notices that are identified during the preliminary 
screening evaluation as needing additional information from the 
submitters. Consequently, the number of follow-up notices has fallen 
due to the changed nature of EPA's review of initial notices. Over the 
last three fiscal years, EPA has received 341 follow-up notices versus 
653 initial notices, or approximately 0.5 follow-up notices per initial 
notice (adjustment). In addition, EPA has separately identified mailing 
costs for the first time in this ICR, i.e., mailing costs of $10 per 
327 submissions, or $3,270, which are included in the total costs 
identified above (adjustment).


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    Dated: April 23, 2003.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. 03-10896 Filed 5-1-03; 8:45 am]
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