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Notice2026-18434

Agency Information Collection Activities; Proposed Renewal Collection and Request for Comment; Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h)

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Published
September 10, 2026

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 the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h) identified by EPA ICR No. 2599.04 and OMB Control No. 2070-0213. This ICR represents a renewal of an existing ICR that is currently approved through April 31, 2027. In addition, this renewal consolidates the information collections covered under EPA ICR No. 2779.02 and OMB Control No. 2070-0230 with EPA ICR No. 2599.04. 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 91 Issue 174 (Thursday, September 10, 2026)</title>
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[Federal Register Volume 91, Number 174 (Thursday, September 10, 2026)]
[Notices]
[Pages 57593-57594]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18434]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2023-0105; FRL-13293-01-OCSPP]


Agency Information Collection Activities; Proposed Renewal 
Collection and Request for Comment; Regulation of Persistent, 
Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h)

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 
the following Information Collection Request (ICR) that EPA is planning 
to submit to the Office of Management and Budget (OMB): Regulation of 
Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 
6(h) identified by EPA ICR No. 2599.04 and OMB Control No. 2070-0213. 
This ICR represents a renewal of an existing ICR that is currently 
approved through April 31, 2027. In addition, this renewal consolidates 
the information collections covered under EPA ICR No. 2779.02 and OMB 
Control No. 2070-0230 with EPA ICR No. 2599.04. 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 November 9, 2026.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2023-0105, online at <a href="https://www.regulations.gov/">https://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, are available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.

FOR FURTHER INFORMATION CONTACT: Marisa Lewis, Office of Mission 
Critical Operations (Mail Code 7602M), Office of Chemical Safety and 
Pollution Prevention, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 202-
564-1562; email address: <a href="/cdn-cgi/l/email-protection#f1bd94869882dfbc9083988290b1948190df969e87"><span class="__cf_email__" data-cfemail="266a43514f55086b47544f55476643564708414950">[email&#160;protected]</span></a>.

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) 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: Regulation of Persistent, Bioaccumulative, and Toxic 
Chemicals Under TSCA Section 6(h).
    EPA ICR No.: 2599.04.
    OMB Control No.: 2070-0213.
    ICR Status: This ICR is currently approved through April 30, 2027. 
Under the PRA, 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 
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: In January 2021, the U.S. Environmental Protection Agency 
(EPA) finalized five rules under section 6(h) of the Toxic Substances 
Control Act (TSCA) (Ref. 1) regarding prohibitions and restrictions on 
the following five persistent, bioaccumulative, and toxic (PBT) 
chemical substances: decabromodiphenyl ether (decaBDE) (Chemical 
Abstract Services Registry Number (CASRN) 1163-19-5), phenol, 
isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7), 2,4,6-
tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 732-26-3), 
pentachlorothiophenol (PCTP) (CASRN 133-49-3), and hexachlorobutadiene 
(HCBD) (CASRN 87-68-3). On November 19, 2024, the EPA finalized 
revisions to the regulations for decaBDE and PIP (3:1)

[[Page 57594]]

(89 FR 91486) (FRL-9145-02-OCSPP)). A summary of the provisions of the 
regulations for these PBTs is provided in the appendix. This 
Information Collection Request (ICR) consolidates this ICR (EPA ICR 
No.2599.04; OMB Control No. 2070-0213) with the rule-related ICR titled 
``Decabromodiphenyl Ehter and Phenol, Isopropylated Phosphae (3:1); 
Revision to the Regulation of PBT Chemicals under TSCA (Final 
Rule)''(EPA ICR No. 2779.02; OMB Control No. 2070-0230). This ICR 
includes the total burden for all five chemicals along with adjustments 
to the burden estimates resulting from the November 2024 rule. 
Following approval of this ICR, the rule-related ICR will be 
discontinued.
    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:
    Form number(s): None.
    Respondents/affected entities: Entities potentially affected by 
this ICR include those that manufacture, process, distribute in 
commerce or use decabromodiphenyl ether (decaBDE), phenol, 
isopropylated phosphate (3:1) (PIP (3:1)), 2, 4, 6-tris(tert-
butyl)phenol (2,4,6-TTBP), pentachlorothiophenol (PCTP), 
hexachlorobutadiene (HCBD), or products or articles containing these 
chemicals. North American Industry Classification System (NAICS) codes 
identified in question 12 of the ICR.
    Respondent's obligation to respond: Mandatory per 40 CFR 751.
    Estimated number of potential respondents: 26,829.
    Frequency of response: On occasion.
    Total estimated average number of responses for each respondent: 1.
    Total estimated burden: 42,309 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated costs: $3,874,143 (per year), includes $0 
annualized capital investment or maintenance and operational costs.

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

    There is an increase of 42,255 hours in the total estimated 
respondent burden compared with the ICR currently approved by OMB. This 
change, which is discussed in more detail in the ICR, reflects the 
consolidation of the ICR for the 2024 final rule for decaBDE and PIP 
(3:1) (EPA ICR No. 2779.02; OMB Control No. 2070-0230) with this ICR 
(EPA ICR No.2599.04; OMB Control No. 2070-0213). This therefore 
combines the 42,301 burden hours from the previously approved 2024 
final rule ICR (EPA ICR No. 2779.02; OMB Control No. 2070-0230) with 
the 54 burden hours of the currently approved ICR (EPA ICR No.2599.04; 
OMB Control No. 2070-0213). The baseline burden estimate is from the 
currently approved ICR, with adjustments to the burden estimates, 
including changes in the number of respondents and the number of 
responses provided by those respondents, to capture changes and updates 
from the final rule related ICR (OMB Control No. 2070-0230). This 
change is an adjustment.

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: September 3, 2026.
Douglas M. Troutman,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2026-18434 Filed 9-9-26; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on September 10, 2026.

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