1446.11_Appendix F2

November 14, 2014
Ms. Toiya Goodlow
Document Control Office
Office of Pollution Prevention and Toxics
Environmental Protection Agency, Mail Code: 7407T
William Jefferson Clinton Building
1200 Pennsylvania Ave. NW,
Washington, D.C. 20460
Attn: Docket Control Number EPA-HQ-OPPT-2014-0597-0001
Re:

Comments of the Color Pigments Manufacturers Association,
Inc. on the Agency Information Collection Activities; Proposed
Collection; Comment Request; PCBs, Consolidated Reporting
and Recordkeeping Requirements; EPA ICR No. 1446.11,
OMB Control No. 2070-0112.

Dear Ms. Goodlow:
I am writing on behalf of the Color Pigments Manufacturers Association, Inc. ("CPMA").
The following comments are provided in response to the questions contained in your email of
October 14, 2014 regarding the Notice entitled “Agency Information Collection Activities;
Proposed Collection; Comment Request; PCBs, Consolidated Reporting and Recordkeeping
Requirements”; EPA ICR No. 1446.11, OMB Control No. 2070-0112, Docket Number, EPAHQ-OPPT-2014-0597-0001, 79 Fed. Reg. 61302 (the "ICR").
The Color Pigments Manufacturers Association is an industry trade association
representing small, medium and large color pigments manufacturing companies in the United
States, Canada, and Mexico. In addition, the association represents foreign color pigments
manufacturers that sell products in the US, Canada and Mexico. Suppliers of intermediates and

1850 M Street NW, Suite 730• Washington, DC 20036 • USA
Phone: (202) 465-4900 • Fax: (202) 465-4905 • e-mail: cpma@cpma.com

Ms. Toiya Goodlow
Environmental Protection Agency
November 14, 2014
Page 2
other chemical products that serve North American color pigments manufacturers are also
members of the association. The association provides US and international advocacy programs in
support of the color pigments industry on matters pertaining to the environment, health and
safety issues.
In general, CPMA believes that the EPA has underestimated the burden of compliance
with the ICR. Despite the underestimated costs of compliance with the ICR, CPMA believes
that the existing regulatory structure for the control of inadvertent PCBs in excluded products
and processes is both reasonable and protective of human health and the environment. The
excluded products and processes regulations provide an authorization allowing manufacture and
import of products which contain trace amounts of inadvertent PCBs.
On February 4, 2011 CPMA submitted comments to EPA regarding an Information
Collection Request for collection of the same information under the PCB regulations. See the
request identified as EPA ICR No. 1446.10, OMB Control No. 2070-0112, Docket Number,
EPA-HQ-OPPT-2010-0910, 75 Fed. Reg. 82007. CPMA comments also addressed concerns
with the EPA notice entitled the "Advanced Notice of Proposed Rulemaking Regarding
Reassessment of Use Authorizations for Polychlorinated Biphenyls", 75 Fed. Reg. 17645, April
7, 2010, Docket Control No. EPA-HQ-OPPT-2009-0757 (the “ANPR”) as the ANPR may
impact on the requirements for excluded products and processes under the PCB regulations.
The following comments are provided on the specific portion of the PCB regulations
related to excluded products and processes and the certification process contained in 40 CFR
§761.185 and 40 CFR §761.187.

Ms. Toiya Goodlow
Environmental Protection Agency
November 14, 2014
Page 3
Your email of October 14, 2014 requested information on the following questions which
are recited below with our response:
1)

Are the data that EPA seeks under this ICR available from any public source, or
already collected by another EPA office or by another agency? If so, where can
the data be found?
Answer, The data collected as part of the Excluded Products and Processes
certification process is not provided in any public source. Although this
information is not in the public domain, it is shared between a company and its
customers.

2)

Is it clear what is required for data submission? If not, are there any suggestions
for clarifying instructions?
Answer, Yes, data requirements are clear for the excluded products and
processes provisions specific to reporting for excluded products and processes
located at 40 CFR §761.185 We support these excluded products and processes
regulations and the necessity for the collection of the data represented by
excluded products and processes regulations.

3)

Would you be interested in electronic/ data submission option? What type of
alternative would you be most likely to utilize-web form, USB flash drive, CDROM?
Answer, No, because the reports submitted pursuant to 40 CFR §761.185
and 40 CFR §761.187 involve one time reporting of certification regarding
manufacturing of products and processes many of which are confidential.
Recordkeeping under the excluded products and processes regulations is an
ongoing obligation specific to each manufacturer. There is no reason to create an
expensive and time consuming system for electronic reporting of these records.

4)

Do you agree with EPA's estimated burden and costs (the ICR addresses only the
costs associated with paperwork)? Are the Bureau of Labor Statistics (BLS) labor
rates accurate? If you have any reason to consider the BLS labor rates as used by
EPA inaccurate or inappropriate, explain your rationale.
Answer, CPMA continues to be concerned that the overall estimate of the
cost of compliance with the excluded products and process portion of the PCB
regulations have been underestimated. The cost of analysis for reporting and the
managerial costs for professional review of these submissions are underestimated.
The BLS labor rates are improved over the previous ICR in that the rates have
been increased by 22 to 28 percent for clerical, professional\technical and
managerial employees.

Ms. Toiya Goodlow
Environmental Protection Agency
November 14, 2014
Page 4

In describing the requirements for reporting under the excluded products and process
rules the Supporting Statement for a Request for OMB Review under the Paperwork Reduction
Act (the "Supporting Statement") states:
"(#72) Recordkeeping of Excluded Manufacturing Processes and
Certification: Chemical manufacturers and importers of products that
contain inadvertently generated PCBs (i.e., excluded manufacturing
processes) must maintain the monitoring data (or other analyses) that were
used to support the determination of compliance with the conditions of
Section 761.3, and copies of the signed certification of compliance. These
recordkeeping requirements expire under their own terms, either three
years after the manufacturer has ceased operating the process that
necessitated notification, or after seven years, whichever is a shorter
retention period. Monitoring records must contain the method of analysis;
the results of the analysis, including data from the Quality Assurance Plan;
a description of the sample matrix, the name of the analyst or analysis; the
date and time of the analysis; and numbers for the lots from which the
samples are taken 40 CFR §761.1(f)(1), 40 CFR §761.185(c)(2) and (d)"
Supporting Statement p. 43.
CPMA believes the description provided above for the recordkeeping requirements
applicable to manufacturers and importers of excluded products and processes is correct,
accurate and reasonable. However, the costs of generating the monitoring records described
above are not adequately reflected in the Supporting Statement, Annual Respondent Hourly
Burden and Cost Estimate, which states that only .5 hours of management time and 4.5 hours of
technical time are needed toward each reporting submission.

The 5 hours allotted to

recordkeeping for excluded manufacturing processes is too low. Item 42, for example, takes as
much time and effort to comply with as Item 72.

Ms. Toiya Goodlow
Environmental Protection Agency
November 14, 2014
Page 5

Conclusion
We hope these comments are helpful to you in your efforts to review the ICR and
develop accurate and appropriate cost estimates for compliance with the PCB reporting provision
of TSCA. We believe there is overwhelming evidence to substantiate that the existing regulatory
structure for PCBs is both cost effective and protective of the human health and the environment.

Sincerely,

David J. Wawer
Executive Director