[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15661-15663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06009]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2020-0617; FRL-10018-36]
Agency Information Collection Activities; Proposed Renewal of an
Existing Collection and Request for Comment; Collection of Information
for TSCA Mercury Inventory Reporting
AGENCY: Environmental Protection Agency (EPA).
[[Page 15662]]
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``Collection of Information for TSCA Mercury
Inventory Reporting'' and identified by EPA ICR No. 2567.03 and OMB
Control No. 2070-0207, represents the renewal of an existing ICR that
is scheduled to expire on October 31, 2021. Before submitting the ICR
to OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection that is summarized in
this document. The ICR and accompanying material are available in the
docket for public review and comment.
DATES: Comments must be received on or before May 24, 2021.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0617, using the Federal eRulemaking Portal
at http://www.regulations.gov. Follow the online instructions for
submitting comments. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Thomas Groeneveld (7407M),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
number: (202) 566-1188; email address: [email protected].
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. What information is EPA particularly interested in?
Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
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 information collection activity or ICR does this action apply
to?
Title: Collection of Information for TSCA Mercury Inventory
Reporting.
ICR number: EPA ICR No. 2567.03.
OMB control number: OMB Control No. 2070-0207.
ICR status: This ICR is currently scheduled to expire on October
31, 2021. 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 Code of Federal Regulations (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
for certain EPA regulations is consolidated in 40 CFR part 9.
Abstract: As directed in the June 2016 Frank R. Lautenberg Chemical
Safety for the 21st Century Act amendments to the Toxic Substances
Control Act (TSCA), EPA is required to assist in the preparation and
publication in the Federal Register of an ``inventory of mercury
supply, use, and trade in the United States.'' 15 U.S.C. 2607(b)(10)(B)
and (D). Based on the inventory of information collected through this
ICR, the Agency is directed to ``identify any manufacturing processes
or products that intentionally add mercury'' and ``recommend actions,
including proposed revisions of Federal law or regulations, to achieve
further reductions in mercury use.'' 15 U.S.C. 2607(b)(10)(C).
The primary purpose of this ICR is to support the development of
that inventory. In turn, the inventory will help the Agency identify
uses of mercury and recommend means to achieve further reductions of
such uses in commerce. In addition, the Agency seeks to obtain the
information necessary to achieve its goal to further reduce the use of
mercury in products and certain manufacturing processes in order to
prevent future releases to the environment, as well as assist the
United States in reporting implementation under the Minamata
Convention. EPA seeks to enhance its current information on how much
mercury is used, in which products and manufacturing processes, and
whether certain products are manufactured domestically, imported, or
exported.
Reporting is required from any person who manufactures (including
imports) mercury or mercury-added products, as well as any person who
otherwise intentionally uses mercury in a manufacturing process under
TSCA section 8(b). 15 U.S.C. 2607(b)(10)(D)(i). The Agency promulgated
reporting requirements at 40 CFR part 713. In order to avoid
duplication, EPA coordinated the reporting with the Interstate Mercury
Education and Reduction Clearinghouse (IMERC). 15 U.S.C.
2607(b)(10)(D)(ii).
Regulated entities may claim some of the information given to EPA
as CBI. Reporting requirements will contain information for respondents
on how to make a claim to EPA that all or part of their submitted
information is CBI. EPA handles claims of confidentiality pursuant to
established CBI procedures, as found at section 14 of TSCA, 40 CFR part
2, and the Agency's TSCA CBI Manual. CBI is also protected under the
Freedom of Information Act (5 U.S.C 525).
Burden statement: annual public reporting and recordkeeping burden
for this collection of information is estimated to average 23 hours per
response. Burden is defined in 5 CFR 1320.3(b).
The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
Respondents/Affected Entities: Entities potentially affected by
this ICR are persons who manufacture (including
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import) mercury, mercury-added products, and persons who otherwise
intentionally use mercury in a manufacturing process.
Estimated average number of potential respondents per year: 756.
Frequency of response: Every three years.
Estimated yearly average number of responses for each respondent:
0.33.
Estimated total annual burden hours: 52,000 hours.
Estimated total annual costs: EPA estimates the annual average
industry burden and cost over three years at approximately 17,000 hours
and $1.4 million dollars, respectively, with a total industry burden of
approximately 52,000 hours and $4.2 million over the three-year period.
Annual average agency burden and costs annualized over 3 years are
1,600 hours and $0.15 million, with a total agency burden of
approximately 4,800 hours and $0.4 million over 3 years. Total annual
burden and cost for both industry and agency annualized over 3 years is
19,000 hours and $1.8 million dollars. Total overall burden and costs
are 57,000 hours and $4.6 million.
III. Are there changes in the estimates from the last approval?
In June 2018, EPA finalized a rule to require reporting from
persons who manufacture (including import) mercury or mercury-added
products, or otherwise intentionally use mercury in a manufacturing
process. That rule was challenged in the Second Circuit Court of
Appeals by the Natural Resources Defense Council and several state
attorneys general in July 2018. The petitioners argued that three
exemptions to the reporting requirements violated the statutory mandate
within TSCA section 8(b)(10). Oral arguments were held on November 20,
2019 and the court issued its decision in June 5, 2020. The Agency
prevailed on two issues, but the Second Circuit vacated an exemption
(40 CFR 713.7(b)(2)) for persons who import pre-assembled products that
contain a mercury-added component. As a result, such persons are now
required to report pursuant to 40 CFR 713.7(b). Additionally, an
interim final rule will be used to effectuate the decision of the
court, including necessary regulatory amendments.
Based on the numbers of reporters of mercury data to the IMERC
Database, as well as EPA's TRI program and CDR rule, there will be a
change in manufacturers (including importers) or processors that could
respond to this information collection. The annual public burden for
this collection of information is estimated about 23 hours per
respondent. This request represents a decrease of 9 hours per
respondent from that currently in the OMB inventory, or a total
decrease of 20,522 hours (from 72,567 to 52,045 hours). This increase
is due to, a decrease in rule familiarization burden, a decrease in
form completion burden due to mercury export prohibitions, and changes
in the number of estimated respondents.
In addition, OMB has requested that EPA move towards using the 18-
question format for ICR Supporting Statements used by other federal
agencies and departments and is based on the submission instructions
established by OMB in 1995, replacing the alternate format developed by
EPA and OMB prior to 1995. EPA intends to update this Supporting
Statement during the comment period to reflect the 18-question format,
and has included the questions in an attachment to this Supporting
Statement. In doing so, the Agency does not expect the change in format
to result in substantive changes to the information collection
activities or related estimated burden and costs.
IV. 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 document 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.
Authority: 44 U.S.C. 3501 et seq.
Dated: March 17, 2021.
Michal Freedhoff,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2021-06009 Filed 3-23-21; 8:45 am]
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