Procedures for Review of CBI Claims for the Identity of Chemicals on the TSCA Inventory

Forms and Documents

Document Name	Status
2594.01_Form mockup.pdf Supplementary Document	2019-04-17
2594.01_SS.docx Supporting Statement A	2019-04-17

IC Document Collections

IC ID	Document Title	Status
235747	Substantiation of TSCA CBI claims for Specific Chemical Identities	New

ICR Details

OMB Control No: 2070-0210	ICR Reference No: 201904-2070-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2594.01
Title: Procedures for Review of CBI Claims for the Identity of Chemicals on the TSCA Inventory
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: 09/09/2019
	Date Received in OIRA: 04/23/2019
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.

	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: TSCA section 8(b)(4)(C) requires that “(n)ot later than 1 year after the date on which the Administrator compiles the initial list of active substances, the Administrator shall promulgate a rule that establishes a plan to review all CBI claims to protect the specific chemical identities of chemical substances on the confidential portion of the list.” The statute at 8(b)(4)(D) prescribes the requirements of the plan. TSCA section 8(b)(4)(E) provides the timeframe for the reviews of the specific chemical identities claimed as confidential, extension possibilities and process, and requirements for providing updates on the Agency’s progress. The data elements covered under the proposed rule-related ICR are chemical substance identities claimed as CBI in the Active-Inactive Rule collection. In many instances the chemical substance identities were voluntarily substantiated under the TSCA Inventory Notification (Active-Inactive) Requirements Rule. This ICR covers the burden for those who submitted a NOA Form A, but did not voluntarily substantiated CBI claims for chemical substance identity in the Active-Inactive Rule submission who are required to submit substantiation under the proposed rule.

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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: US Code: 15 USC 2607 Name of Law: Toxic Substance Control Act, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Cent

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK21	Proposed rulemaking	84 FR 16826	04/23/2019

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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: 1

IC Title	Form No.	Form Name
Substantiation of TSCA CBI claims for Specific Chemical Identities

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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: This is a new, statutorily mandated information collection.

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Annual Cost to Federal Government: $771,626

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 04/23/2019

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