[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48700-48702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18784]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2021-0303; FRL-8753-01-OCSPP]


Agency Information Collection Activities; Proposed Renewal of an 
Existing Collection and Request for Comment; Methylene Chloride; 
Regulation of Paint and Coating Removal for Consumer Use Under TSCA 
Section 6(a)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces the availability of and solicits public comment on 
an Information Collection Request (ICR) that EPA is planning to submit 
to the Office of Management and Budget (OMB). The ICR, entitled: 
``Methylene Chloride; Regulation of Paint and Coating Removal for 
Consumer Use Under TSCA Section 6(a)'' and identified by EPA ICR No. 
2556.03 and OMB Control No. 2070-0204, represents the renewal of an 
existing ICR that is scheduled to expire on May 31, 2022. Before 
submitting the ICR to OMB for review and approval under the PRA, EPA is 
soliciting comments on specific aspects of the proposed information 
collection 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 November 1, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2021-0303, using 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. Additional instructions on commenting or visiting the 
docket, along with more information about dockets generally, is 
available at http://www.epa.gov/dockets.
    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 and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Niva Kramek, Existing Chemicals Risk

[[Page 48701]]

Management Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 564-4830; 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 fewer than 25 individuals) 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: Methylene Chloride; Regulation of Paint and Coating Removal 
for Consumer Use Under TSCA Section 6(a).
    ICR number: EPA ICR No. 2556.03.
    OMB control number: OMB Control No. 2070-0204.
    ICR status: This ICR is currently scheduled to expire on May 31, 
2022. 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, and 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: The manufacture, processing, and distribution in commerce 
of methylene chloride for consumer paint and coating removal is 
prohibited under EPA regulations in 40 CFR part 751, as promulgated 
under the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq. 
Each person who manufactures, processes, or distributes in commerce 
methylene chloride for non-prohibited uses is required to notify 
companies to whom methylene chloride is shipped of the prohibitions 
under 40 CFR part 751 through the Safety Data Sheet (SDS). Each person 
who manufactures, processes, or distributes in commerce (except for 
retailers) any methylene chloride is also required to retain in one 
location at the headquarters of the company, or at the facility for 
which the records were generated, documentation showing: (i) The name, 
address, contact, and telephone number of companies to whom methylene 
chloride was shipped; (ii) a copy of the notification provided to 
companies to whom the methylene chloride was shipped; and (iii) the 
amount of methylene chloride shipped. This information must be retained 
for 3 years from the date of shipment.
    EPA established these requirements under section 6(a) of TSCA in 
response to a final determination that the consumer use of methylene 
chloride in paint and coating removal presents an unreasonable risk of 
injury to health. This ICR consists of the downstream notification of 
the prohibitions and the recordkeeping requirement.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to annual 
average 0.33 hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR supporting statement, 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: Respondents affected by this 
activity may include those that engage in the manufacture, processing 
and distribution in commerce of methylene chloride for consumer paint 
and coating removal. The ICR provides a list of the North American 
Industrial Classification System codes that might apply to entities 
that may be affected by the activities described in this ICR.
    Respondent's obligation to respond: Mandatory, per 40 CFR 751.
    Estimated total number of potential respondents: 14.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 6.96 hours.
    Estimated total annual costs: $298.

III. Are there changes in the estimates from the last approval?

    There is a decrease in total annual burden and costs compared with 
those identified in the ICR currently approved by OMB. Burden decreased 
from 69 hours to 6.96 hours and costs decreased from $3,712 to $298. 
This decrease in respondent burden and costs is due to a significant 
decrease in the number of estimated respondents. Most respondents need 
to perform the actions required by this ICR once and responded to the 
requirements during the previous ICR period. However, EPA does not 
assume that the number of responses has dropped to zero. Therefore, EPA 
has estimated low levels of respondents in each category to account for 
new firms or new products. This change is an adjustment.
    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 that is based on the submission 
instructions established by OMB in 1995, replacing the alternate format 
developed by EPA and OMB prior to 1995. The Agency does not expect this 
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 person listed under FOR 
FURTHER INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.


[[Page 48702]]


    Dated: August 26, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2021-18784 Filed 8-30-21; 8:45 am]
BILLING CODE 6560-50-P