Notification of Chemical Exports - TSCA Section 12(b)

Forms and Documents

Document Name	Status
Export Notification Form and Instruction	Modified
0795ss16.docx Supporting Statement A	2020-09-29
0795.16_SS_Attachment-6 (Electronic Reporting Guide v0.01).docx Supplementary Document	2020-07-23
0795.16_SS_Attachment-5 (Consultation Documentation).pdf Supplementary Document	2020-07-23
0795.16_SS_Attachment-4 (EPA Response to Comment).docx Supplementary Document	2020-07-23
0795.16_SS_Attachment-3 (API Comments 8 May 2020).pdf Supplementary Document	2020-07-23
0795.16_SS_Attachment-2 (40 CFR 707, Subpart D).pdf Supplementary Document	2020-07-23
0795.16_SS_Attachment-1 (TSCA Section 12(b)).pdf Supplementary Document	2020-07-23

IC Document Collections

IC ID	Document Title	Status
44060	Compile List of Products for Export	Removed
190188	Check Export Orders and Send Notifications	Removed
190187	Export Notification Form and Instruction	Modified

ICR Details

OMB Control No: 2070-0030	ICR Reference No: 202007-2070-004
Status: Received in OIRA	Previous ICR Reference No: 201610-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 0795.16
Title: Notification of Chemical Exports - TSCA Section 12(b)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/30/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	4,743	3,570
Time Burden (Hours)	2,934	4,032
Cost Burden (Dollars)	13,793	0

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Abstract: Section 12(b) of the Toxic Substances Control Act (TSCA) requires any person who exports or intends to export a chemical substance or mixture that is regulated under TSCA sections 4, 5, 6 and/or 7 to notify EPA of such export or intent to export. This requirement is described in more detail in the Code of Federal Regulations (CFR) at 40 CFR part 707, subpart D. Upon receipt of notification, EPA advises the government of the importing country of the U.S. regulatory action that required the notification with respect to that substance. EPA uses the information obtained from the submitter via this collection to advise the government of the importing country. This information collection addresses the burden associated with industry reporting of export notifications. The respondent may claim all or part of a notice confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA and 40 CFR part 2. EPA is requesting approval from OMB to allow for electronic reporting of information covered by this ICR as an option for submitters. As discussed in more detail in this ICR’s supporting statement, this ICR renewal also incorporates burden estimates associated with an electronic reporting option for the information collection under TSCA section 12(b).

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Authorizing Statute(s): US Code: 15 USC 2611 Name of Law: Toxic Substances Control Act (section 12(b))
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 14478	03/12/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 61746	09/30/2020
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Export Notification	N/A	CDX Section 12(b) Export Notification Application User Guide
Check Export Orders and Send Notifications
Compile List of Products for Export

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ICR Summary of Burden

	Total Request	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	4,743	3,570	0	0	1,173	0
Annual Time Burden (Hours)	2,934	4,032	0	0	-1,098	0
Annual Cost Burden (Dollars)	13,793	0	0	0	13,793	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: This is a net change with a large decrease in burden due to voluntary e-reporting and a small increase in burden due to a greater number of submissions (decrease in number of firms responding, but increase in number of reports per firm), CBI substantiation, and an administrative adjustment (+7 hours). Based on a 63 percent e-reporting rate, there is a decrease in burden of approximately 811 hours relative to the case in which all submissions were paper-based.

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Annual Cost to Federal Government: $74,195

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? No

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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: 09/30/2020

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