Methylene Chloride; Regulation of Paint and Coating Removal for Consumer Use Under TSCA §6(a) (Final Rule)

Forms and Documents

Document Name	Status
2556ss02.docx Supporting Statement A	2019-03-25

IC Document Collections

IC ID	Document Title	Status
225231	Downstream Notification and Recordkeeping Activities (Including Rule Familiarization)	Modified

ICR Details

OMB Control No: 2070-0204	ICR Reference No: 201903-2070-003
Status: Active	Previous ICR Reference No: 201701-2070-004
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2556.02
Title: Methylene Chloride; Regulation of Paint and Coating Removal for Consumer Use Under TSCA §6(a) (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 without change	Conclusion Date: 05/22/2019
	Date Received in OIRA: 03/27/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2022	36 Months From Approved
Responses	138	0	0
Time Burden (Hours)	69	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This Information Collection Request (ICR) addresses the paperwork requirements contained in final rule concerning the prohibition on the use of methylene chloride for consumer paint and coating removal. The final rule requires each person who manufactures, processes, or distributes in commerce methylene chloride for any use to notify companies to whom methylene chloride is shipped of the prohibitions under the rule. The final 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; (ii) a copy of the required downstream notification and (iii) the amount of methylene chloride shipped. This information must be retained for 3 years from the date of shipment.

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Authorizing Statute(s): US Code: 15 USC 2605 Name of Law: Toxic Substances Control Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK07	Final or interim final rulemaking	84 FR 11466	03/27/2019

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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
Downstream Notification and Recordkeeping Activities (Including Rule Familiarization)

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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	138	0	0	138	0	0
Annual Time Burden (Hours)	69	0	0	69	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: An estimated 138 entities who manufacture, process, or distribute methylene chloride for any use must notify companies to whom methylene chloride is shipped of the prohibitions under the rule. Each person who manufactures, processes, or distributes in commerce any methylene chloride must 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; (ii) a copy of the required downstream notification; and (iii) the amount of methylene chloride shipped. This information must be retained for 3 years from the date of shipment. These new requirements would entail an estimated 69 hours of paperwork burden (a program change).

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Annual Cost to Federal Government: $0

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: 03/27/2019

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