2446.04 Attachment 1- Consultation

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Pohl, Maxim
U.S. EPA - - - Feedback Requested on the TSCA Title VI ICR Renewal and Supporting Statement
Thursday, January 18, 2024 4:18:59 PM
2024 HCHO ICR Consultation Questions.docx

Greetings – as you may be aware the U.S. EPA recently posted a Federal Register notice
proposing to renew the existing Information Collection Request (ICR) for the Formaldehyde
Emission Standards for Composite Wood Products Final Rule (i.e., TSCA Title VI regulation).
The comment period for this proposed renewal opened on January 17, 2024, and will close on
March 17, 2024. The Agency is seeking feedback from you (and the general public through the
open comment period in the docket) on the proposed ICR renewal and supporting statement
for TSCA Title VI regulation. EPA is posing the following direct questions; however, is also
accepting comment on the entirety of the ICR renewal Federal Register notice and supporting
statement.  In addition to the questions below, respondents should answer those listed in
the attached word document titled 2024 HCHO ICR Consultation Questions.
Do you understand what information submittals the EPA requires under the TSCA Title
VI regulation and how to report the information?
Do you understand the recordkeeping requirements of the TSCA Title VI regulation and
how to retain/supply the information upon an EPA request?
Is the EPA’s Central Data Exchange system (for use by Third-Party Certifiers and
Accreditation Bodies) clear, logical, and easy to complete the various submittals
required under the TSCA Title VI regulation? If no, do you have any suggestions on
clarifying the process?
Do you agree with EPA's ICR estimates of burden hours and costs? The ICR addresses
only the burden hours and costs associated with the additional paperwork required to
comply with the TSCA Title VI regulation, above and beyond the activities required
under the California Air Resources Board (CARB) Air Toxics Control Measure (ATCM) to
Reduce Formaldehyde Emissions from Composite Wood Products. EPA’s estimates do
not include burden hours and costs for usual and customary business practices. Please
provide an explanation of how you arrived at your estimate of burden hours and cost if
substantially different than EPA’s estimates. 
Are the Bureau of Labor Statistics (BLS) labor rates used in the cost estimates accurate
for your industry? If you have any reason to consider the BLS labor rates as used by EPA
inaccurate or inappropriate, please explain your rationale.
Do you understand the impending changes taking effect on March 22, 2024, when
laminated product producers whose products are not exempted from the definition of
hardwood plywood will be included as producers of hardwood plywood and will be
required to test and certify their products to ensure they comply with the formaldehyde
emission standard for hardwood plywood?
A link to the electronic docket containing the January 17, 2024 Federal Register notice and the

Supporting Statement for this ICR renewal can be found here:
https://www.regulations.gov/docket/EPA-HQ-OPPT-2019-0456. To the extent that you have
comments/feedback for the EPA on the information collection activities under the TSCA Title
VI regulation or the supporting statement, please respond to this email and/or submit your
comments directly to the docket in the hyperlink referenced above by March 17, 2024.

The existing ICR expires on September 30, 2024, for requirements pursuant to TSCA Title VI
and titled, “Formaldehyde Standards for Composite Wood Products Act,” it is identified by
OMB Control No. 2070-0185. OMB requires federal agencies to consult with nine or fewer
potential respondents prior to submitting the ICR renewal to OMB for review and approval.
This consultation requirement is in addition to providing the public with 60 days to comment
on the proposed collection activity.

The Paperwork Reduction Act (PRA) requires that agencies receive Office of Management and
Budget (OMB) clearance before requesting most types of information from the public. In
order to receive OMB clearance, federal agencies prepare draft ICRs providing an overview of
the information collection and estimates of the cost and time for the public to respond. The
agencies consult with potential respondents and the public about the ICR and, where
appropriate, incorporate comments received. The draft ICR is then sent to OMB for its review
and approval. These ICRs are periodically renewed. This ICR renewal covers the recordkeeping
and reporting requirements for all aspects of the TSCA Title VI implementing regulations and
regulations relating to accreditation bodies (ABs) and third-party certifiers (TPCs) that wish to
participate in this third-party certification program. 

If you have any questions or concerns, feel free to contact me at this email address. Thanks in
advance for your consideration.

Maxim Pohl
Environmental Protection Specialist
Existing Chemicals Risk Management Division
OCSPP|OPPT|ECRMD|RMB3
U.S. Environmental Protection Agency

EPA ICR No. 2446.04

OMB CONTROL NO. 2070-0185

Consultation Questions for the Information Collection Request (ICR) for Formaldehyde
Standards for Composite Wood Products Act
(1) Publicly Available Data
A. Is the data that the Agency seeks available from any public source, or already collected
by another office at EPA or by another agency?

B. If yes, where can you find the data?
(Does your answer indicate a true duplication, or does the input indicate that certain data
elements are available, but that they do not meet our data needs very well?)

(2) Clarity of Instructions
The ICR covers the requirement under the PBT rule for respondents to maintain records.
A. Based on the instructions (regulations, FR Notices, etc.), is it clear what you are required
to do? If not, what suggestions do you have to clarify the instructions?

B. Do you understand that you are required to maintain records?

(3) Electronic Reporting and Record keeping
The Government Paperwork Elimination Act requires agencies make available to the public
electronic reporting alternatives to paper-based submissions by 2003, unless there is a strong
reason for not doing so. One such reason is that, at the present time, the Agency is unable to
ensure the security of CBI that might be transmitted over the Internet.
A. What do you think about electronic alternatives to paper-based records and data
submissions? Would you be interested in pursuing keeping records electronically?

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EPA ICR No. 2446.04

OMB CONTROL NO. 2070-0185

B. Are you keeping your records electronically? If yes, in what format?

(4) Burden and Costs
A. Are the labor rates accurate?

B. The Agency assumes there is no capital cost associated with this activity. Is that correct?

C. Bearing in mind that the burden and cost estimates include only burden hours and costs
associated with the paperwork involved with this ICR (e.g., the ICR does not include
estimated burden hours and costs for conducting studies) are the estimated burden hours
and labor rates accurate? If you provide burden and cost estimates that are substantially
different from EPA’s, please provide an explanation of how you arrived at your
estimates.

D. Are there other costs that should be accounted for that may have been missed?

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