User Guide for submitting TSCA Section 4 Test Order Information

Forms and Documents

Document Name	Status
TSCA_sec4_Test Orders_Emergency Request.pdf Supporting Statement A	2021-10-12

IC Document Collections

IC ID	Document Title	Status
249713	User Guide for submitting TSCA Section 4 Test Order Information Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202110-2070-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2697.01
Title: User Guide for submitting TSCA Section 4 Test Order Information
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 10/15/2021
Date Submitted to OIRA: 10/13/2021

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	175	0
Time Burden (Hours)	516	0
Cost Burden (Dollars)	0	0

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Abstract: In accordance with the terms of clearance for the ICR that covers the collection of information necessary for the timely and efficient implementation of Section 4 of the Toxic Substances Control Act (TSCA), as amended in 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (2070-0033), EPA developed the attached documents to provide more detailed guidance and instructions for recipients of the TSCA Test Orders, and plans to provide opportunities for such entities to engage with EPA prior to the issuance of a given Test Order, as well as increase overall stakeholder outreach to keep the regulated community informed of considerations related to the development of Test Orders. The additional guidance and engagement included in this ICR is intended to increase efficiencies and reduce burdens for all participants.

Emergency Justfication: The issuance of the guidance documents and reference in any associated collection of information is critical for the Agency to be able to make timely determinations on new chemical notifications as required under TSCA. Data being collected via this authority will be used to inform risk evaluations already underway. The regular process for ICRs under the PRA, which includes two comment periods with 60-day and 30-day timeframes, would disrupt the collection of information by denying access to the guidance documents and preventing companies from accessing applicable and helpful EPA guidance with respect to Test Orders submitted prior to OMB approval of the ICR and cause harm due to the ensuing delays in risk evaluations because companies do not have access to the guidance. This would prolong any issues that submitters and EPA may have experienced that this guidance seeks to help remedy. Further, under the ICR, EPA would seek to conduct stakeholder outreach prior to issuing a Test Order under Section 4 of TSCA, which will help ensure that affected entities will be kept informed of upcoming Section 4 Test Orders and provide opportunities for such entities to engage with EPA prior to the issuance of a given Test Order.

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Authorizing Statute(s): PL: Pub.L. 94 - 469 4 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:
	Not associated with rulemaking

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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: 1

IC Title	Form No.	Form Name
User Guide for submitting TSCA Section 4 Test Order Information

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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	175	0	0	175	0	0
Annual Time Burden (Hours)	516	0	0	516	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: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This ICR includes the burden associated with pre-issuance outreach and the use of the attached User Guide for submitting TSCA Section 4 Test Order Information and a Questions and Answers document.

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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: 10/13/2021

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