TSCA Section 8(a) Reporting and Recordkeeping Requirements for Asbestos (Final Rule)

Forms and Documents

Document Name	Status
Form 9600-042, 9600-043 Form Completion Form	Modified
2711.02 TSCA Sec. 8a-Asbestos ScreenShotMock-ups.pdf Supplementary Document	2023-07-27
2711ss02.docx Supporting Statement A	2023-07-27

IC Document Collections

IC ID	Document Title	Status
261442	Compliance Determination	New
253308	Form Completion Form	Modified
253307	Recordkeeping	Modified
253306	CBI Substantiation	Modified
253305	CDX Registration	Modified
253304	Rule Familiariziation	Modified

ICR Details

OMB Control No: 2070-0222	ICR Reference No: 202307-2070-002
Status: Received in OIRA	Previous ICR Reference No: 202205-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2711.02
Title: TSCA Section 8(a) Reporting and Recordkeeping Requirements for Asbestos (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/02/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	46,852	0
Time Burden (Hours)	1,520,465	0
Cost Burden (Dollars)	0	0

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Abstract: EPA is requiring reporting and recordkeeping requirements for asbestos under TSCA Section 8(a) that require certain persons that manufactured (including imported) or processed asbestos and asbestos-containing mixtures and articles (including as an impurity) in the four years prior to the rule finalization to electronically report certain exposure-related information. The information sought includes quantities of asbestos and asbestos-containing mixtures or articles that were manufactured (including imported) or processed types of use, and employee data. Reported information would be used by EPA and other Federal agencies in considering potential future actions involving asbestos, potentially including risk evaluation and risk management activities.

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK99	Final or interim final rulemaking	88 FR 47782	07/25/2023

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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: 6

IC Title	Form No.	Form Name
CBI Substantiation
CDX Registration
Compliance Determination
Form Completion	9600-042, 9600-043	Section 8(a) Asbestos Application
Recordkeeping
Rule Familiariziation

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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	46,852	0	0	46,852	0	0
Annual Time Burden (Hours)	1,520,465	0	0	1,520,465	0	0
Annual Cost Burden (Dollars)	0	0	0	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: All of the burden associated with this activity represent a program change, due to a new rule collecting information on the manufacturing and processing of asbestos on a one-time basis.

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Annual Cost to Federal Government: $328,606

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: 08/02/2023

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