Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h) (Final Rule)

Forms and Documents

Document Name	Status
2599ss02.docx Supporting Statement A	2021-01-06

IC Document Collections

IC ID	Document Title	Status
245237	Hexachlorobutadiene (HCBD) (CASRN 87-68-3)	New
245235	2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 732-26-3)	New
245234	Pentachlorothiophenol (PCTP) (CASRN 133-49-3)	New
245233	Phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7)	New
245232	Decabromodiphenyl ether (DecaBDE) (CASRN 1163-19-5)	New
241740	PBT downstream notification and recordkeeping activities	Removed

ICR Details

OMB Control No: 2070-0213	ICR Reference No: 202101-2070-001
Status: Received in OIRA	Previous ICR Reference No: 202005-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2599.02
Title: Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h) (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: 01/07/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	192	0
Time Burden (Hours)	49	0
Cost Burden (Dollars)	1,794	0

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Abstract: EPA published a proposed rule on July 29, 2019 to address the 5 PBT chemicals EPA identified pursuant to TSCA section 6(h) (84 FR 36728). After publication of the proposed rule, EPA determined to address the 5 PBT chemicals in separate final actions. This final rule prohibits the distribution in commerce of 2,4,6-TTBP and products containing 2,4,6-TTBP at concentrations above 0.3% (i.e., present as a functional additive instead of as impurity) in any container with a volume of less than 35 gallons for any use, beginning on (5 years after date of FRN publication), in order to effectively prevent the use of 2,4,6-TTBP as a fuel additive or fuel injector cleaner by consumers and small commercial operations (e.g., automotive repair shops, marinas). This final rule also prohibits the processing and distribution in commerce of 2,4,6-TTBP, and products containing 2,4,6-TTBP, for use as an oil or lubricant additive, regardless of container size, beginning 5 years after date of FRN publication. Beginning 5 years after FRN publication date, affected persons are required to maintain, for three years from the date the record is generated, ordinary business records that demonstrate compliance with these restrictions.

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Authorizing Statute(s): US Code: 15 USC 2601(a) & (h) 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-AK34	Final or interim final rulemaking	86 FR 866	01/06/2021

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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: 5

IC Title	Form No.	Form Name
Pentachlorothiophenol (PCTP) (CASRN 133-49-3)
Phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7)
PBT downstream notification and recordkeeping activities
Decabromodiphenyl ether (DecaBDE) (CASRN 1163-19-5)
2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 732-26-3)
Hexachlorobutadiene (HCBD) (CASRN 87-68-3)

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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	192	0	0	273	-81	0
Annual Time Burden (Hours)	49	0	0	99	-50	0
Annual Cost Burden (Dollars)	1,794	0	0	1,794	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 is a new collection.

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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? 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: 01/07/2021

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