User Fees for the Administration of the Toxic Substances Control Act (TSCA) (Proposed Rule)

Forms and Documents

Document Name	Status
Form 9600-008 TSCA Fees - Self-Identification and Certification Form and Instruction	Modified
2569ss03.docx Supporting Statement A	2021-01-13

IC Document Collections

IC ID	Document Title	Status
233592	TSCA Fees - Self-Identification and Certification Form and Instruction	Modified
233589	TSCA Fees - Notification of Participation in Consortia	Modified
233160	TSCA Fees - CDX Registration Other-CDX Screenshots	Modified
233159	TSCA Fees - Fee Payment through Pay.gov	Modified
233158	TSCA Fees - Discounted Fee Eligibility Determination	Modified
233157	TSCA Fees - Rule Familiarization	Modified

ICR Details

OMB Control No: 2070-0208	ICR Reference No: 202101-2070-002
Status: Received in OIRA	Previous ICR Reference No: 201810-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2569.03
Title: User Fees for the Administration of the Toxic Substances Control Act (TSCA) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/13/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2021
Responses	2,949	2,598
Time Burden (Hours)	581	491
Cost Burden (Dollars)	0	0

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Abstract: In accordance with section 26(b) of the Toxic Substances Control Act (TSCA or the Act), EPA is proposing updates and adjustments to the fees established under that section. EPA is required under TSCA section 26(b)(4)(F) to review and, if necessary, adjust the fees every three years, after consultation with parties potentially subject to fees and their representatives. This proposed rulemaking describes the proposed modifications to TSCA fees and fee categories for fiscal years 2022, 2023, and 2024, and explains the methodology by which these TSCA fees were determined. EPA is proposing updates and changes to the fee requirements established in a rule entitled “Fees for Administration of the Toxic Substance Control Act” (2018 Fee Rule) (83 FR 52694, October 17, 2018), including the addition of three new fee categories – a Bona Fide Intent to Manufacture or Import Notice fee, a Notice of Commencement of Manufacture or Import fee, and an additional fee associated with test orders – as well as changes to refunds currently afforded for fees related to TSCA section 5 activities. In addition, EPA is proposing exemptions for entities subject to certain fee triggering activities; including exemptions for the entities discussed in the March 25, 2020 EPA No Action Assurance memorandum, an exemption for research and development activities, and an exemption for entities manufacturing less than 2,500 lbs. of a chemical subject to an EPA-initiated risk evaluation fee. EPA is updating its cost estimates for administering TSCA sections 4, 5, and 6 and individual fee calculation methodology (including associated administrative costs for confidential business information activities under section 14), as well as proposing a volume-based fee allocation for EPA-initiated risk evaluation fees in any scenario where a consortium is not formed, and proposing to require export-only manufacturers to pay fees for EPA-initiated risk evaluations. EPA is also proposing various changes to the timing of certain activities required throughout the fee payment process. The information collection activities associated with the proposed rule include familiarization with the regulation; reduced fee eligibility determination; CDX registration; formation, management and notification to EPA of participation in consortia; self-identification and certification; and electronic payment of fees through Pay.gov.

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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: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK64	Proposed rulemaking	86 FR 1890	01/11/2021

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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: 6

IC Title	Form No.	Form Name
TSCA Fees - CDX Registration
TSCA Fees - Rule Familiarization
TSCA Fees - Discounted Fee Eligibility Determination
TSCA Fees - Fee Payment through Pay.gov
TSCA Fees - Notification of Participation in Consortia
TSCA Fees - Self-Identification and Certification	9600-008	NOTICE OF TSCA FEE ACTION PARTICIPATION

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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	2,949	2,598	0	0	351	0
Annual Time Burden (Hours)	581	491	0	0	90	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:

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Annual Cost to Federal Government: $7,000

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: 01/13/2021

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