Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of PBT Chemicals under TSCA (Final Rule)

Forms and Documents

Document Name	Status
2779ss02.docx Supporting Statement A	2024-11-05

IC Document Collections

IC ID	Document Title	Status
264215	Reporting for Decabromrodiphenyl either (DecaBDE) (CASRN 1163-19-5)	Modified
264214	Reporting for Phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7)	Modified

ICR Details

OMB Control No: 2070-0230	ICR Reference No: 202411-2070-001
Status: Received in OIRA	Previous ICR Reference No: 202401-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2779.02
Title: Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of PBT Chemicals under TSCA (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: 11/19/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	26,805	0
Time Burden (Hours)	42,301	0
Cost Burden (Dollars)	0	0

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Abstract: This ICR addresses revisions from EPAs final rules for decaBDE and PIP (3:1) as part of the Reconsideration of the Persistent, Bioaccumulative, and Toxic (PBT) Chemicals rule under TSCA section 6(h). This rulemaking is revising the 2021 final rule for decaBDE by requiring the use of personal protective equipment (PPE) during domestic manufacturing and processing; requiring a label on plastic shipping pallets that are known to contain decaBDE; prohibiting releases to water from manufacturing, processing, and distribution in commerce of decaBDE; extending the compliance date for the phase-out of processing and distribution in commerce of decaBDE-containing wire and cable insulation for nuclear power generation facilities; and adding an export notification requirement for decaBDE-containing wire and cable for nuclear power generation facilities. This rulemaking is revising the 2021 final rule for PIP (3:1) by requiring a closed-loop system for the use of PIP (3:1) in the manufacture of cyanoacrylate adhesives; requiring PPE during manufacturing and processing for most remaining uses and for inhalation and dermal exposures; excluding the processing and distribution of PIP (3:1) for use in wire harnessing and electric conduit boards; establishing a 5-year time limit to the exclusion for non-turbine and non-aviation uses for lubricants and greases; establishing a 5-year time-limit for processing and distribution in commerce of PIP (3:1) in a marine antifouling coating for use on Navy ships; repealing the existing exclusions for motor vehicles and aerospace vehicles and replacing them with prohibition phase-ins; and establishing a 10-year time limit on PIP (3:1)-containing articles used in manufacturing equipment and the semiconductor industry.

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Authorizing Statute(s): US Code: 15 USC 2605(h) 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-AL02	Final or interim final rulemaking	89 FR 91486	11/19/2024

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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: 2

IC Title	Form No.	Form Name
Reporting for Decabromrodiphenyl either (DecaBDE) (CASRN 1163-19-5)
Reporting for Phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7)

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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	26,805	0	0	26,805	0	0
Annual Time Burden (Hours)	42,301	0	0	42,301	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: This increase in burden and responses reflects the addition of programmatic changes from the final rule. The baseline burden estimate is from the 2024 ICR renewal of the existing ICR prior to the final rule, with adjustments to the burden estimates, including changes in the number of respondents and the number of responses provided by those respondents, to capture changes and updates since the existing ICR was published.

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Annual Cost to Federal Government:

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: 11/19/2024

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