Collection of Information for TSCA Mercury Inventory Reporting Rule (Final Rule)

Forms and Documents

Document Name	Status
2567ss02_rev2018-09-20.docx Supporting Statement A	2018-10-17

IC Document Collections

IC ID	Document Title	Status
228794	Mercury Inventory Reporting and Recordkeeping Instruction	Modified

ICR Details

OMB Control No: 2070-0207	ICR Reference No: 201806-2070-003
Status: Historical Active	Previous ICR Reference No: 201710-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2567.02
Title: Collection of Information for TSCA Mercury Inventory Reporting Rule (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/19/2018
	Date Received in OIRA: 06/27/2018
Terms of Clearance: The agency is reminded to list the OMB control number with expiration date and the burden statement on the initial online screen. Also, the agency is reminded to revise the collection with the guidance documents and training materials when available.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2021	36 Months From Approved
Responses	250	0	0
Time Burden (Hours)	24,189	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: TSCA section 8(b)(10)(D) requires EPA to establish reporting deadline(s) and information requirements for the purpose of assisting EPA’s statutorily-mandated periodic update and publication of the inventory of mercury supply, use, and trade in the United States. The reporting requirements apply to anyone who manufactures (including imports) mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing process. Those subject to the rule are required to electronically submit on a triennial basis information specifying the quantities of elemental mercury or mercury compounds manufactured, imported, exported, stored, and distributed in domestic commerce. Based on the reported information, EPA is required under TSCA to subsequently identify any manufacturing processes or products that intentionally add mercury and to recommend actions, including potential revisions of Federal law or regulations, to achieve further reductions in mercury use.

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Authorizing Statute(s): US Code: 15 USC 2601 et seq Name of Law: Toxic Substances Control Act (TSCA)
  

Citations for New Statutory Requirements: US Code: 15 USC 2607(b)(10)(D) Name of Law: Toxic Substance Control Act, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Cent

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK22	Final or interim final rulemaking	83 FR 30054	06/27/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Mercury Inventory Reporting and Recordkeeping

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ICR Summary of Burden

	Total Approved	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	250	0	250	0	0	0
Annual Time Burden (Hours)	24,189	0	24,189	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new data collection activity resulting from the TSCA amendments, which requires EPA to collect information to assist in the preparation of an “inventory of mercury supply, use, and trade in the United States.” As such, the change being implemented in this ICR period is the addition of new burden and cost. This increase is solely due to program changes that result from the new reporting requirements for manufacturers (including importers) or processors of mercury and mercury-added products.

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Annual Cost to Federal Government: $399,465

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? Uncollected

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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: 06/27/2018

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