[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Pages 5650-5651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2071]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2004-0098; FRL-7869-1]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; TSCA Section 4 Test Rules, 
Consent Orders, Test Rule Exemptions, and Voluntary Data Submission; 
EPA ICR No. 1139.07, OMB No. 2070-0033

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. This is a request to renew an 
existing approved collection. This ICR is scheduled to expire on 
January 31, 2005. Under OMB regulations, the Agency may continue to 
conduct or sponsor the collection of information while this submission 
is pending at OMB. This ICR describes the nature of the information 
collection and its estimated cost.

DATES: Additional comments may be submitted on or before March 7, 2005.

ADDRESSES: Submit your comments, referencing docket ID Number OPPT-
2004-0098, to (1) EPA online using EDOCKET (our preferred method), by 
e-mail to [email protected] or by mail to: Document Control Office 
(DCO), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, Mail Code: 7407T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, and (2) OMB at: Office of Information and 
Regulatory 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. On June 30, 2004, EPA sought comments on this renewal ICR (69 
FR 39464). EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). 
EPA received two comments during the comment period, which are 
addressed in the Supporting Statement of the ICR.
    EPA has established a public docket for this ICR under Docket ID 
No. OPPT-2004-0098, which is available for public viewing at the OPPT 
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 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. For 
further information about the electronic docket, see EPA's Federal 
Register notice describing the electronic docket at 67 FR 38102 (May 
31, 2002), or go to http://www.epa.gov/edocket.
    Title: TSCA Section 4 Test Rules, Consent Orders, Test Rule 
Exemptions, and Voluntary Data Submission.
    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 are 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 as CBI. 
EPA will disclose information that is covered by a CBI claim only to 
the extent permitted by, and in accordance with, the procedures in 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 and recordkeeping 
burden for this collection of information is estimated to average 142 
hour per response. Burden means the total time, effort or financial 
resources expended by persons to generate, maintain, retain

[[Page 5651]]

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: Entities potentially affected by 
this action are companies that manufacture, process, import, use, 
distribute or dispose of chemicals.
    Frequency of Collection: On occasion.
    Estimated No. of Respondents: 396.
    Estimated Total Annual Burden on Respondents: 203,014 hours.
    Estimated Total Annual Costs: $8,664,319.
    Changes in Burden Estimates: This request reflects a decrease of 
979,560 hours (from 1,182,574 hours to 203,014 hours) in the total 
estimated respondent burden from that currently in the OMB inventory. 
This decrease is due to a re-estimation of the numbers of test rules 
and enforceable consent agreements that the Agency will issue, and a 
re-estimation of the expected level of testing remaining to be done 
under the HPV Challenge Program. In addition, the burden related to an 
initiative that was previously included, has been transferred to 
another ICR. The change in burden represents an adjustment.

    Dated: January 27, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05-2071 Filed 2-2-05; 8:45 am]
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