Notice2021-17215
Agency Information Collection Activities; Proposed Renewal of an Existing Collection and Request for Comment; Expanded Access to the Toxic Substances Control Act (TSCA) Confidential Business Information
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 12, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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: "Expanded Access to TSCA Confidential Business Information" and identified by EPA ICR No. 2570.02 and OMB Control No. 2070-0209, represents the renewal of an existing ICR that is scheduled to expire on March 31, 2022. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.
Full Text
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<title>Federal Register, Volume 86 Issue 153 (Thursday, August 12, 2021)</title>
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[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44357-44358]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17215]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2017-0652; FRL-8703-01-OCSPP]
Agency Information Collection Activities; Proposed Renewal of an
Existing Collection and Request for Comment; Expanded Access to the
Toxic Substances Control Act (TSCA) Confidential Business Information
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:
``Expanded Access to TSCA Confidential Business Information'' and
identified by EPA ICR No. 2570.02 and OMB Control No. 2070-0209,
represents the renewal of an existing ICR that is scheduled to expire
on March 31, 2022. Before submitting the ICR to OMB for review and
approval under the PRA, EPA is soliciting comments on specific aspects
of the 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 October 12, 2021.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0625, online through the Federal
eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
Please note that 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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Jessica Barkas, PMOD (7408M), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 250-8880; email address: <a href="/cdn-cgi/l/email-protection#e68487948d8795c88c8395958f8587a6839687c8818990"><span class="__cf_email__" data-cfemail="b1d3d0c3dad0c29fdbd4c2c2d8d2d0f1d4c1d09fd6dec7">[email protected]</span></a>.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: <a href="/cdn-cgi/l/email-protection#6e3a3d2d2f4326011a0207000b2e0b1e0f40090118"><span class="__cf_email__" data-cfemail="6f3b3c2c2e4227001b0306010a2f0a1f0e41080019">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. What information is EPA particularly interested in?
Pursuant to the Paperwork Reduction Act (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: Expanded Access to TSCA Confidential Business Information.
ICR number: EPA ICR No. 2570.02.
OMB control number: OMB Control No. 2070-0209.
ICR status: This ICR is currently scheduled to expire on March 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, 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 2016 amendments to the Toxic Substances Control Act
(TSCA) in the Frank R. Lautenberg Chemical Safety for the 21st Century
Act, expanded the categories of people to whom EPA may disclose TSCA
confidential business information (CBI). The amendments authorize EPA
to disclose TSCA CBI to state, tribal, and local governments;
environmental, health, and medical professionals; and emergency
responders, under certain conditions, including consistency with
guidance that EPA is required to develop. Three guidance documents have
been developed, corresponding to the new authorities in TSCA section
14(d)(4), (5), and (6).
The conditions for access vary under each of the new provisions,
but generally include the following: Requesters must show that they
have a need for the information related to their employment,
professional, or legal duties; recipients of TSCA CBI are prohibited
from disclosing or permitting further disclosure of the information to
individuals not authorized to receive it (physicians/nurses may
disclose the information to their patient); and except in emergency
situations EPA must
[[Page 44358]]
notify the entity that made the CBI claim at least 15 days prior to
disclosing the CBI. In addition, under these new provisions, requesters
(except in some emergency situations) are required to sign an agreement
and may be required to submit a statement of need to EPA.
In accordance with the requirements of TSCA section 14(c)(4)(B),
the guidance documents cover the content and form of the agreements and
statements required under each provision, and include information on
where and how to submit requests to EPA.
Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to annual
average 14.8 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 mainly government employees (federal, state, local,
tribal), as well as medical professionals, such as doctors and nurses.
The NAICS code for health care and social assistance is 62.
Respondent's obligation to respond: Voluntary.
Estimated total number of potential respondents: 3.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent: 2.
Estimated total annual burden hours: 89 hours.
Estimated total annual costs: $5,873.98. This includes an estimated
burden cost of $5,873.98 and an estimated cost of $0 for capital
investment or maintenance and operational costs.
III. Are there changes in the estimates from the last approval?
There is no change in the estimated total annual burden compared
with that identified in the ICR currently approved by OMB, but there is
an increase in the estimated burden costs and a decrease in the
estimated number of total respondents. The change in estimated cost was
caused by an increase in the hourly wages and a change in the
methodology to calculate loaded wages (wages plus fringe benefits and
overhead), and the change in the estimated number of respondents is
based on EPA experience. This change is an adjustment.
In addition, this ICR reflects a change in format. 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.
The Agency does not believe that this change in format resulted 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.
Dated: July 27, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2021-17215 Filed 8-11-21; 8:45 am]
BILLING CODE 6560-50-P
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