[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Notices]
[Pages 8254-8255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3911]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0220; FRL-8776-1]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; TSCA Section 5(a)(2) Significant 
New Use Rules for Existing Chemicals; EPA ICR No. 1188.09, OMB Control 
No. 2070-0038

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 an 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. The ICR, which is abstracted below, describes the 
nature of the information collection activity and its expected burden 
and costs.

DATES: Additional comments may be submitted on or before March 26, 
2009.

ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2008-0220 to (1) EPA online using http://www.regulations.gov (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, Director, 
Environmental Assistance Division, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, Mailcode: 7408-M, 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 18, 2008 (73 FR 34725), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any comments 
related to this ICR should be submitted to EPA and OMB within 30 days 
of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OPPT-2008-0220, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the OPPT Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC 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.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to submit or view public comments, access the index 
listing of the contents of the public docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing in http://www.regulations.gov as EPA 
receives them and without change, unless the comment contains 
copyrighted material, Confidential Business Information (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 http://www.regulations.gov. 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. For further information about the electronic docket, go to 
http://www.regulations.gov.
    Title: TSCA Section 5(a)(2) Significant New Use Rules for Existing 
Chemicals.
    ICR Numbers: EPA ICR No. 1188.09, OMB Control No. 2070-0038.
    ICR Status: This ICR is currently scheduled to expire on March 31, 
2009. Under OMB regulations, the Agency may continue to conduct or 
sponsor the collection of information while this submission is pending 
at OMB. 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

[[Page 8255]]

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 5 of the Toxic Substances Control Act (TSCA) 
provides EPA with a regulatory mechanism to monitor and, if necessary, 
control significant new uses of chemical substances. Section 5 
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 
requires persons to submit a significant new use notice (SNUN) 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 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 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.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to be 
approximately 71 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; 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, or 
distribute in commerce chemical substances or mixtures.
    Frequency of Collection: On occasion.
    Estimated Average Number of Responses for Each Respondent: 1.
    Estimated No. of Respondents: 20.
    Estimated Total Annual Burden on Respondents: 1,423 hours.
    Estimated Total Annual Costs: $9,403.
    Changes in Burden Estimates: There is a net increase of 562 hours 
(from 861 hours to 1,423 hours) in the total estimated respondent 
burden compared with that currently in the OMB inventory. This increase 
reflects EPA's updated estimates of an anticipated increase in the 
number of SNURs promulgated from three to five per year and an increase 
in the estimated number of SNUNs received from five to ten per year. 
Additionally, estimated number of chemicals per SNUR is estimated to 
fall from 41 to 20. All of these changes are adjustments.

    Dated: February 18, 2009.
John Moses,
Acting Director, Collection Strategies Division.
[FR Doc. E9-3911 Filed 2-23-09; 8:45 am]
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