Trichloroethylene (TCE); Regulation of Use in Vapor Degreasing under TSCA §6(a) (Proposed Rule; RIN 2070-AK11)

Forms and Documents

Document Name	Status
2541-02_ss_2017-01-19.docx Supporting Statement A	2017-01-19

IC Document Collections

IC ID	Document Title	Status
225230	Private Sector - Manufacturers, Processors, Distributors Downstream Notification and Recordkeeping Activities	New

ICR Details

OMB Control No: 2070-0205	ICR Reference No: 201701-2070-003
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2541.01
Title: Trichloroethylene (TCE); Regulation of Use in Vapor Degreasing under TSCA §6(a) (Proposed Rule; RIN 2070-AK11)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 08/30/2017
	Date Received in OIRA: 01/25/2017
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB files this comment in accordance with 5 CFR 1320.11(c). OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Environmental Protection Agency (EPA) is developing two proposed rules under section 6 of the Toxic Substances Control Act (TSCA) concerning the prohibition of trichloroethylene (TCE) for certain uses. The proposed rules require each person who manufactures, processes, or distributes in commerce TCE for non-prohibited uses to notify companies to whom TCE was shipped of the prohibitions under the rules. The proposed rules also require each person who manufactures, processes, or distributes in commerce any TCE to retain in one location at the headquarters of the company documentation of information showing: (i) the name, address, contact, and telephone number of companies to whom TCE was shipped; and (ii) the amount of TCE shipped. This information must be retained for 2 years from the date of shipment. EPA is proposing these rules under section 6(a) of TSCA in response to a finding that TCE presents an unreasonable risk to human health when used in certain ways. The earlier proposed rule addressed the use of TCE in aerosol degreasers and for spot cleaning in dry cleaning facilities. The proposed rule that is the subject of this ICR addresses TCE used in vapor degreasing. The proposed rules consist of regulatory requirements that are the least burdensome options that will adequately protect against such risk. The portions of the proposed rules that trigger this Information Collection Request (ICR) and the earlier ICR consist of a downstream notification of the prohibitions in the rules and a recordkeeping requirement. The universe of entities affected is the same for both proposed rules and the burden of the downstream notification and recordkeeping requirements is also expected to be the same.

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Authorizing Statute(s): US Code: 15 USC 2605 Name of Law: Toxic Substance Control Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK11	Proposed rulemaking	82 FR 7432	01/19/2017

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 7432	01/19/2017
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Private Sector - Manufacturers, Processors, Distributors Downstream Notification and Recordkeeping Activities

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Increase in burden is due to new requirements in the proposed regulation.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/25/2017

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