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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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.
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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 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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