ICR Attachment 7: Copy of Consultations Message Sent by EPA to Potential Respondents

OMB Control Number 2070-0038; EPA ICR Number 1188.09

ICR ATTACHMENT 7

Copy of Consultations Message Sent by EPA to Potential Respondents

06/27/2008

TO: Addressees

The Office of Management and Budget (OMB) regulations that implement the Paperwork Reduction Act require federal agencies developing any new (non-rule) information collection request (ICR), or proposing to renew an ICR, to announce the ICR activity in the Federal Register and to provide the public with 60 days to comment on the proposed collection activity. In addition to the notice and comment requirement, agencies are also required under 5 CFR 1320.8(d)(1) to consult with potential respondents and data users about specific aspects of an ICR before submitting it to OMB for review and approval, regardless of whether changes have or have not been made to the collection activity.

As part of this required consultation, I am contacting you to solicit your comments on the renewal ICR for TSCA Section 5(a)(2) Significant New Use Rules for Existing Chemicals (OMB Control No. 2070-0038). The meaningful and timely comments the Agency receives from you will help us during the development of this renewal ICR. The Notice for the ICR renewal and solicitation of comments was published in the Federal Register on June 18, 2008.

Please note that, if you take this opportunity to provide input, your name, affiliation, and phone number and any information you provide (e.g., copies of emails) will be incorporated and attached to the ICR supporting statement which will be a public document. In addition, you may be contacted by the OMB Desk Examiner for the ICR to verify the accuracy of any comments as reported in the ICR by EPA.

Your timely response will be greatly appreciated! We hope to get your responses back by August 18, 2008 so we can consider those responses, as well as any public comments resulting from the FR notice in preparing a final document for OMB review. Thank you for your assistance!

Abeer Hashem, Environmental Protection Specialist

Existing Chemicals Branch

Chemical Control Division (7405M)

Office of Pollution, Prevention and Toxics

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

202-564-1117

202-564-9490 (facsimile)

[email protected]

[ICR-consultation.attachment.6.25.08.doc]

OVERVIEW

The Environmental Protection Agency administers the Existing Chemicals Program under Section 5 of the Toxic Substances Control Act (TSCA). If EPA proposes a significant new use rule (SNUR) under section 5(a)(2) of the TSCA, it would require persons to notify EPA at least 90 days before commencing the manufacture, import, or processing of chemicals substances for any use other than those listed in the proposed rule. EPA believes that this action would be necessary because the chemical substances may be hazardous to human health or the environment, and that the new uses governed by a proposed rule may result in significant human or environmental exposure. The required notice would provide EPA with the opportunity to evaluate the intended new use and associated activities, before the chemical substances can be introduced into the marketplace, and an opportunity to protect against potentially adverse exposure before it can occur.

This information collection request addresses the TSCA Section 5 reporting and recordkeeping requirements associated with the existing chemicals review and regulatory program, as briefly outlined above.

QUESTIONS

1. INFORMATION COLLECTION

Is the information that the Agency seeks under this ICR available from any public source, or already collected by another office at EPA or by another agency? If yes, where can the Agency find the data?

Is it clear what is required for data submission? If not, are there any suggestions for clarifying instructions?

2. ELECTRONIC ALTERNATIVES

Are you interested in using an electronic reporting/data submission option? Current electronic reporting alternatives include the use of web forms/XML based submissions via the Agency’s internet site, and magnetic media-based submissions (i.e., on diskette, CD-ROM, etc.). Where a reporting requirement includes a signature requirement, consider whether a secure electronic signature method (such as Private Key Infrastructure) should be required, whether a less secure method (such as the use of PINs and passwords) would be more appropriate, or, if data is submitted on disk, whether a signed cover sheet may be sufficient for the Agency’s purposes.

How does CBI affect your choice or use of an electronic medium? Would you be more inclined to submit CBI electronically (on diskette, CD, or web form) than on paper and what benefits would you realize (i.e., burden reduction, greater efficiency in compiling the information, etc.)?

3 BURDEN COST ANALYSIS

Do you agree with EPA’s estimated burden and costs (note that the ICR addresses only costs associated with paperwork)? Are the Bureau of Labor Statistics (BLS) labor rates accurate? If you have any reason to consider the BLS labor rates inaccurate or inappropriate as used by EPA, explain your rationale.