OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB files this comment in accordance with 5 CFR 1320.11(c). OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.
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The Environmental Protection Agency (EPA) is developing a proposed rule under section 6 of the Toxic Substances Control Act (TSCA) concerning the prohibition of methylene chloride and N-methylpyrrolidone (NMP) in paint and coating removal for certain uses. For methylene chloride, the proposed rule requires each person who manufactures, processes, or distributes in commerce methylene chloride for non-prohibited uses to notify companies to whom methylene chloride was shipped of the prohibitions under the rules. The proposed rule also requires each person who manufactures, processes, or distributes in commerce any methylene chloride to retain in one location at the headquarters of the company documentation of information showing: (i) the name, address, contact, and telephone number of companies to whom methylene chloride was shipped; and (ii) the amount of methylene chloride shipped. This information must be retained for 3 years from the date of shipment.
For NMP, EPA is co-proposing two approaches. Under both co-proposed approaches, the proposed rule requires each person who manufactures, processes, or distributes in commerce NMP for non-prohibited uses to notify companies to whom NMP was shipped of the prohibitions under the rules. The proposed rule also requires each person who manufactures, processes, or distributes in commerce any NMP to retain in one location at the headquarters of the company documentation of information showing: (i) the name, address, contact, and telephone number of companies to whom methylene chloride was shipped; and (ii) the amount of methylene chloride shipped. This information must be retained for 3 years from the date of shipment. Under the second co-proposed approach, the proposed rule requires each person who formulates paint and coating removal products containing NMP to identify, through testing, gloves that are protective against each specific product formulation using defined testing and reporting protocols, and provide information about those gloves as well as additional instructions and warnings for consumers on product labels.
EPA is proposing this rule under section 6(a) of TSCA in response to a determination that methylene chloride and NMP present an unreasonable risk to human health in paint and coating removal. The portions of the proposed rule that trigger this Information Collection Request (ICR) consist of a downstream notification of the prohibitions in the rules, a recordkeeping requirement, and, for the second co-proposal for NMP, a testing and labeling requirement.
US Code:
15 USC 2605
Name of Law: Toxic Substances Control Act
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:
(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;
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.
2556-01_ss_2017-01-19.docx
Methylene chloride or NMP Manufacturers, Processors, Distributors Downstream Notification and Recordkeeping activities