[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Notices]
[Pages 64075-64077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22201]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0716; FRL-8144-6]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; TSCA Section 4 Test Rules, Consent Orders, Test Rule 
Exemptions, and Voluntary Data Submission; EPA ICR No. 1139.08, OMB 
Control No. 2070-0033

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.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR, 
entitled TSCA Section 4 Test Rules, Consent Orders, Test Rule 
Exemptions, and Voluntary Data Submission and identified by EPA ICR No. 
1139.08 and OMB Control No. 2070-0033, is scheduled to expire on June 
30, 2008. Before submitting the ICR to OMB for review and approval, EPA 
is soliciting comments on specific aspects of the proposed information 
collection.

DATES: Comments must be received on or before January 14, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2007-0716, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: 
Docket ID Number EPA-HQ-OPPT-2007-0716. 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. Such deliveries are only accepted 
during the DCO's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2007-0716. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment.

[[Page 64076]]

If you send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional information about EPA's public docket, visit the EPA Docket 
Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 
Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov 
website to view the docket index or access available documents. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available electronically at http://www.regulations.gov, or, if only available in hard copy, at the OPPT 
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at 
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. 
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. The telephone 
number of the EPA/DC Public Reading Room is (202) 566-1744, and the 
telephone number for the OPPT Docket is (202) 566-0280. Docket visitors 
are required to show photographic identification, pass through a metal 
detector, and sign the EPA visitor log. All visitor bags are processed 
through an X-ray machine and subject to search. Visitors will be 
provided an EPA/DC badge that must be visible at all times in the 
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Mike Mattheisen, Chemical 
Control Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-3077; fax 
number: (202) 564-4755; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits 
comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is 
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 burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. 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 and provide specific 
examples.
    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 identified 
under DATES.
    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.

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

    Affected entities: Entities potentially affected by this action are 
persons who manufacture, process or import, use, distribute, or dispose 
of one or more specified chemical substances.
    Title: TSCA Section 4 Test Rules, Consent Orders, Test Rule 
Exemptions, and Voluntary Data Submission.
    ICR numbers: EPA ICR No. 1139.08, OMB Control No. 2070-0033.
    ICR status: This ICR is currently scheduled to expire on June 30, 
2008. 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 when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    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 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

[[Page 64077]]

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.
    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. This 
information collection applies to reporting and recordkeeping 
activities associated with the information that EPA requires industry 
to provide in response to TSCA section 4 test rules, consent orders, 
test rule exemptions, and other data submissions.
    Responses to the collection of information are mandatory (see 40 
CFR part 790). Respondents may claim all or part of a document 
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.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 243 
hours per response. 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 which have subsequently changed; 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 here:
    Estimated total number of potential respondents: 58.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
10.4.
    Estimated total annual burden hours: 112,590 hours.
    Estimated total annual costs: $ 5,662,701. This includes an 
estimated burden cost of $ 5,662,701 and an estimated cost of $ 0 for 
capital investment or maintenance and operational costs.

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

    There is a net decrease of 90,424 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This decrease reflects EPA's revised estimates of the 
number of test rules and consent orders that the Agency expects to 
issue in the future, as well as revised estimates of the amount of 
testing still to be done under EPA's High Production Volume Challenge 
Program. The supporting statement includes detailed analyses of these 
revised estimates. This change is an adjustment.

V. 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: November 7, 2007.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. E7-22201 Filed 11-13-07; 8:45 am]
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