TSCA Section 8(b) Reporting Requirements for TSCA Inventory Notification (Active-Inactive) Requirements (Final Rule)

Forms and Documents

Document Name	Status
Form tbd Ongoing Reporting for Manufacturers and Processors Form and Instruction	New
Form TBD Start-up & Initial Reporting for Processors (Phase 2 Reporting Only) Form and Instruction	Modified
Form TBD Start-up & Initial Reporting for Additional Manufacturers/Importers (Phase 2 Reporting Only) Form and Instruction	Modified
Form TBD Start-Up & Initial Reporting for Manufacturers/Importers Form and Instruction	Modified
2565ss02_AttachF_Response to Comments.pdf Supplementary Document	2017-08-11
2565.01_Attachment E - NOA form B (6-5-17).pdf Supplementary Document	2017-08-11
2565.01_Attachment D - NOA form A (6-5-17).pdf Supplementary Document	2017-08-11
2565.01_Attachment C_Instruction Manual for TSCA Section 8(b) Reporting.pdf Supplementary Document	2017-08-11
2565.01_Attachment B - PrePubCopy_FRM (6-22-17).pdf Supplementary Document	2017-08-11
2565.01_Attachment A_TSCA_2017-06-12.pdf Supplementary Document	2017-08-11
2565.01_ss_TSCAInventory-Active-InactiveReporting-FRM_2017-06-12.docx Supporting Statement A	2017-08-11

IC Document Collections

IC ID	Document Title	Status
227887	Ongoing Reporting for Manufacturers and Processors Form and Instruction	New
227886	CDX Registration and eSignature (Phase 1 & 2 Combined)	New
225209	Start-up & Initial Reporting for Processors (Phase 2 Reporting Only) Form and Instruction	Modified
225208	Start-up & Initial Reporting for Additional Manufacturers/Importers (Phase 2 Reporting Only) Form and Instruction	Modified
225207	Start-Up & Initial Reporting for Manufacturers/Importers Form and Instruction	Modified

ICR Details

OMB Control No: 2070-0201	ICR Reference No: 201708-2070-004
Status: Active	Previous ICR Reference No: 201701-2070-002
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2565.02
Title: TSCA Section 8(b) Reporting Requirements for TSCA Inventory Notification (Active-Inactive) Requirements (Final Rule)
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: Approved without change	Conclusion Date: 08/11/2017
	Date Received in OIRA: 08/11/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2020	36 Months From Approved
Responses	1,874	0	0
Time Burden (Hours)	1,174,916	0	0
Cost Burden (Dollars)	94,937,104	0	0

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Abstract: This information collection request addresses the reporting and recordkeeping requirements under section 8(b) of the Toxic Substances Control Act (TSCA) associated with chemical substances on the TSCA Chemical Substance Inventory, as prescribed in the final rule entitled: “TSCA Inventory Notification (Active-Inactive) Requirements” and codified in 40 CFR Part 710. TSCA Section 8(b) (15 U.S.C 2607(b)), requires EPA to “compile and keep current the TSCA Inventory, the list of chemical substances manufactured or processed in the United States." To designate chemical substances as active or inactive, the Agency needs to conduct an initial collection of data on the commercial activity for each substance on the Inventory. Because a company may at any time in the future, after the initial data collection, reintroduce into U.S. commerce a chemical substance designated as inactive on the Inventory, the Agency needs to also conduct future data collection for those chemical substances, to be notified that the substances’ whose commercial activity is about to changes from inactive to active. Such notification is directly mandated by TSCA section 8(b)(5). Information collected is also essential to the Agency for compliance purposes. The information requirements for NOA reporting will assist in identifying cases in which submitters have mistakenly reported chemical substances based on their commercial activity status in the U.S. Finally, information collected will support the EPA’s responsibilities in routinely publishing non-confidential Inventory data.

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Authorizing Statute(s): US Code: 15 USC 2607 Name of Law: Toxic Substances Control Act (TSCA)
  

Citations for New Statutory Requirements: PL: Pub.L. 114 - 182 114-182 Name of Law: Frank R. Lautenberg Chemical Safety for the 21st Century Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK24	Final or interim final rulemaking	82 FR 37520	08/11/2017

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
CDX Registration and eSignature (Phase 1 & 2 Combined)
Ongoing Reporting for Manufacturers and Processors	TBD, tbd	NOTICE OF ACTIVITY OF MANUFACTURE, IMPORT, OR PROCESSING – FORM A ,   NOTICE OF ACTIVITY OF MANUFACTURE, IMPORT, OR PROCESSING – FORM B
Start-up & Initial Reporting for Additional Manufacturers/Importers (Phase 2 Reporting Only)	TBD, TBD	NOTICE OF ACTIVITY OF MANUFACTURE, IMPORT, OR PROCESSING – FORM A ,   NOTICE OF ACTIVITY OF MANUFACTURE, IMPORT, OR PROCESSING – FORM B
Start-up & Initial Reporting for Processors (Phase 2 Reporting Only)	TBD, TBD	NOTICE OF ACTIVITY OF MANUFACTURE, IMPORT, OR PROCESSING – FORM A ,   NOTICE OF ACTIVITY OF MANUFACTURE, IMPORT, OR PROCESSING – FORM B
Start-Up & Initial Reporting for Manufacturers/Importers	TBD, TBD	NOTICE OF ACTIVITY OF MANUFACTURE, IMPORT, OR PROCESSING – FORM A ,   NOTICE OF ACTIVITY OF MANUFACTURE, IMPORT, OR PROCESSING – FORM B

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,874	0	1,874	0	0	0
Annual Time Burden (Hours)	1,174,916	0	1,174,774	142	0	0
Annual Cost Burden (Dollars)	94,937,104	0	94,937,104	0	0	0

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: This is a new collection that addresses the reporting and recordkeeping requirements under section 8(b) of the Toxic Substances Control Act (TSCA) associated with chemical substances on the TSCA Chemical Substance Inventory, as prescribed in the final rule entitled: “TSCA Inventory Notification (Active-Inactive) Requirements”,

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Annual Cost to Federal Government: $1,352,866

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: 08/11/2017

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