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

Forms and Documents

Document Name	Status
Form Notice of TSCA Fee Self-Identification and Certification Form	Modified
Attachment G- Screenshots.docx Supplementary Document	2021-10-21
Attachment F- Consultation.pdf Supplementary Document	2021-10-21
Attachment E- Public Comment NRDC.pdf Supplementary Document	2021-10-21
Attachment D- Response to Comment.docx Supplementary Document	2021-10-21
Attachment C- Public Comment.pdf Supplementary Document	2021-10-21
Attachment B- Risk Evaluation Guide.pdf Supplementary Document	2021-10-21
Attachment A- Section 5 Notices and Supports User Guide.pdf Supplementary Document	2021-10-21
2569ss04-aj__2021-10-21.docx Supporting Statement A	2021-10-21

IC Document Collections

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

ICR Details

OMB Control No: 2070-0208	ICR Reference No: 202108-2070-004
Status: Received in OIRA	Previous ICR Reference No: 201810-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2569.04
Title: User Fees for the Administration of the Toxic Substances Control Act (TSCA) (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/29/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2021
Responses	4,288	2,598
Time Burden (Hours)	599	491
Cost Burden (Dollars)	0	0

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Abstract: This ICR addresses the information collection activities contained in a final rule (RIN 2070-AK27) that was signed on September 27, 2018. Specifically, section 26(b) of TSCA (as amended in 2016) provides EPA with the authority to collect fees to defray 25% of the costs associated with administering sections 4, 5, and 6 of TSCA, as well as the costs of collecting, processing, reviewing and providing access to and protecting CBI from disclosure as appropriate under TSCA section 14. The final rule requires payment from manufactures (defined by statute to include importers) of a chemical substance who: are required to submit information to EPA under TSCA section 4, who submit certain notices and exemption requests to EPA under TSCA section 5, who manufacture a chemical substance that is subject to a risk evaluation under TSCA section 6(b)(4), and who process a chemical substance that is the subject of a Significant New Use Notice (SNUN) or Test Market Exemption (TME) under TSCA section 5 and who are required to submit information to EPA under TSCA section 4 related to a SNUN submission.

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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 2601 et seq Name of Law: Toxic Substances Control Act (TSCA)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 14904	03/19/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 58653	10/22/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
CDX Registration
Fee Payment through Pay.gov
Notification of Participation in Consortia
Reduced Fee Eligibility Determination
Rule Familiarization
Self-Identification and Certification	Notice of TSCA Fee Action Participation	9600-008

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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	4,288	2,598	0	0	1,690	0
Annual Time Burden (Hours)	599	491	0	0	108	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: There is an increase in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB due to the increase in the number of entities potentially affected by this ICR and an increase in the number of information collection activities. The change in potentially affected entities reflects the number of submissions received under TSCA sections 5 and 6. EPA's burden estimates for this collection based upon historical information on the number of chemicals per premanufacture notices (PMNs), significant new use notifications (SNUNs), microbial commercial activity notices (MCANs), and exemption notices and applications including low-volume exemptions (LVEs), test-marketing exemptions (TMEs), low exposure/low release exemptions (LoREXs), TSCA experimental release applications (TERAs), certain new microorganism (Tier II) exemptions, and film article exemptions, and actions under TSCA section 6. This change is an adjustment.

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Annual Cost to Federal Government: $692

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: 10/29/2021

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