EXECUTIVE SUMMARY
Identification of the Information Collection – Title and Numbers
Title: Procedures for Requesting a Chemical Risk Evaluation under TSCA (Proposed Rule; RIN 2070-AK90)
EPA ICR No.: 2781.01
OMB Control No.: 2070-NEW
Docket ID No.: EPA-HQ-OPPT-2023-0496
Abstract
This ICR is related to a requirement contained in a proposed rule to implement provisions outlined in the Frank R. Lautenberg Chemical Safety of the 21st Century Act which passed in June 2016 and amended the Toxic Substances Control Act (TSCA). The Environmental Protection Agency (EPA) is proposing to amend the process for conducting risk evaluations under the TSCA to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the known, intended, or reasonably foreseen conditions of use, without consideration of costs or non-risk factors, including unreasonable risk to potentially exposed or susceptible subpopulations. EPA has reconsidered the procedural framework rule for conducting such risk evaluations and determined that certain aspects of that framework should be revised to align with applicable court decisions and the statutory text, to reflect the Agency’s experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and to allow for consideration of scientific advances in the risk evaluation process without need to further amend the Agency’s procedural rule. Revisions to this rule also includes changes to the process by which a manufacture may request that EPA conduct a risk evaluation on a chemical for which they manufacture. This proposed rule outlines the criteria and information chemical manufacturers must provide for EPA to consider a chemical substance for risk evaluation. Also included is Agency’s process and timing to review the request to determine whether to grant or deny. The information collection activities covered by this ICR are those carried out by a chemical manufacturer in requesting a specific chemical risk evaluation under TSCA be conducted by EPA.
Summary of Annual Burden and Costs
Activity |
Number of Respondents |
Average Annual Responses Per Respondent |
Average Annual Burden Per Respondent |
Average Annual Total Labor Burden |
Average Annual Total Labor Costs |
Average Annual Total Non-Labor Costs |
Average Annual Total Costs |
Agency Burden |
- |
- |
- |
5,920 |
$540,259.20 |
- |
$540,259.20 |
Industry Burden and Cost |
|||||||
CDX Registration |
3 |
1 |
2.83 |
2.83 |
$268 |
- |
$268 |
Rule Familiarization |
3 |
1 |
3 |
3 |
$284 |
- |
$284 |
Submission Package Burden |
3 |
1 |
160 |
160 |
$15,158 |
$100,000 |
$115,158 |
All Industry Activities |
3 |
|
166 |
166 |
$15,711 |
$100,000 |
$115,711 |
Under section 6(b)(4)(B) of TSCA (15 U.S.C. §2605(b)(4)), EPA is required to establish, by rule, a process to conduct risk evaluations. Specifically, EPA is directed to use this process to “determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or other non-risk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant to the risk evaluation by the Administrator under the conditions of use.” (15 U.S.C. 85 §2605(b)(4)(A). In selecting chemicals for risk evaluation EPA is required to, through the Prioritization process, identify high-priority chemical substances for risk evaluation. Additionally, as described in Section 6(b)(4)(C)(ii) allows manufacturers of a chemical substance to request that their substance be evaluated by the Agency. The statute requires the Agency to develop a form and manner and use the criteria prescribed by the Administrator in the rule promulgated under Section 6(b)(4)(B). As required by the statute the Procedures for Chemical Risk Evaluation Under the Amended Toxic Substances Control Act was finalized June 2017.
The proposed rule amends the process by which the Agency would conduct risk evaluations on chemical substances under TSCA, including but not limited to targeted changes to certain definitions, clarifications regarding the required scope of risk evaluations, considerations related to peer review and the Agency’s implementation of the scientific standards, the approach for risk determinations on chemical substances and considerations related to unreasonable risk, the process for revisiting a completed risk evaluation, and the process and requirements for manufacturers making a discretionary request for an Agency-conducted risk evaluation on a particular chemical substance.
The purpose of this revision was first in response to the court ruling on filed petitions from several non-governmental organizations for judicial review of the 2017 final rule, which were consolidated in the U.S. Court of Appeals for the Ninth Circuit under Safer Chemicals, Healthy Families v. USEPA, on August 10, 2017. The Ninth Circuit issued its opinion on November 14, 2019, holding that the EPA unlawfully excluded “legacy uses and associated disposals” from the conditions of use that the agency would consider in any risk evaluation. Specifically with respect to manufacturer requested risk evaluations, at the Agency’s request, the Ninth Circuit (1) vacated and remanded the rule provisions applying criminal penalties to the submission of inaccurate or incomplete information to EPA by a manufacturer pursuant to a manufacturer-requested risk evaluation, and (2) remanded without vacatur the rule provisions addressing the information requirements for, and application of the TSCA section 26 scientific standards to, a manufacturer-requested risk evaluation.
Additionally, based on experience in implementing that process to date, EPA is proposing some modifications to increase clarity and to better position the Agency to carry out manufacturer-requested risk evaluations moving forward.
The information collection activities covered by this ICR are necessary in order for EPA to review information provided by chemical manufacturers and determine if the chemical substance is suitable for risk evaluation. Without collecting the information outlined in this proposed rule, there would not be a way for EPA to determine if enough data and information meeting the standards in section 21(h) available to perform a risk evaluation of the given chemical substance within the timeframe outlined in the new legislation.
EPA. This information collection provides EPA with information necessary to conduct a risk evaluation on a chemical substance and each submission request must comply with all procedures and criteria outlined in this proposed rule. A request meets EPA’s criteria if it includes or references all the information necessary for the Agency to conduct a risk evaluation addressing all the circumstances constituting condition(s) of use of the chemical substance within the meaning of TSCA section 33.
EPA uses this information collection to (1) determine if the criteria has been met for risk evaluation requests and (2) conduct the risk evaluation if the request is granted.
EPA makes use of existing technology to simplify the submission process. Respondents submit the initial request package and any supplemental information to the Agency via CDX. This is the same system used for section 5 submissions to EPA. Therefore, respondents may already be familiar with the system and the system has the capabilities to receive and send information claimed as CBI.
The EPA’s collection pursuant to a manufacturer requested risk evaluation under TSCA Section 6(b)(4)(C)(ii) do not duplicate any other collection. There is no other Federal program that voluntarily allows the information collection activities related to the submission under the proposed rule.
EPA believes that the submission requirements do not unduly burden small businesses. EPA concludes that the final information collection request has no significant impacts on small entities subject to this ICR as firms self-select to report and when doing so less than one percent of the small businesses in the estimated universe of those potentially impacted are expected to have an impact of greater than 3 percent.
Due to the nature of the triggering events that initiate information collection activities included in this ICR, less frequent collection is not feasible. This ICR only applies to voluntary actions by chemical manufacturers. Submission of information thus is on an as-needed, on-occasion basis, as initiated by respondents. EPA cannot control when or how often respondents elect to submit a chemical substance for risk evaluation consideration. Less frequent collection would mean respondents not being required to submit data at all. However, without such data, EPA would not be able to consider chemical substances for risk evaluation at the request of chemical manufacturers as mandated in TSCA.
Not applicable.
The proposed rulemaking serves as the public notice for this ICR. Interested parties should submit comments referencing Docket ID No. EPA-HQ-OPPT-2023-0496 to the address listed at the end of this document. EPA will address any comments received from OMB or the public concerning the information collection activities contained in the rule, and the agency’s response, when developing the final rule.
This collection does not provide any payment or gift to respondents.
Some portions of the information required as part of the risk evaluation request submission may be considered by the submitter to be a trade secret, proprietary, or “confidential business information” (CBI). However, EPA requires the submission of information necessary for carrying out the analysis and determining whether or not the chemical presents unreasonable risk. EPA cannot draw conclusions or make assumptions concerning toxicological effects and potential risks without examining physicochemical structure, methods of production, byproducts, potential uses, exposure data, etc.
The Agency’s policies allow public involvement while preserving confidentiality. TSCA section 14(a) prohibits, except in limited circumstances, the disclosure of trade secret information. TSCA section 14(d) allows disclosure of health and safety studies, including underlying data, unless these studies disclose confidential process or mixture information. Under 40 CFR 720.85 and 720.87(See also 40 CFR part 2), when the specific chemical identity or use data are claimed confidential, the Agency requires the submitter to provide generic descriptions for inclusion in Federal Register notices and the public file. Additionally, the submitter must provide a “sanitized” copy of all provided information, with any confidential information redacted, for placement in the public docket. Within the Agency, only personnel with the required clearance may handle CBI.
Based on its experience, EPA expects that some information provided in requests for risk evaluations notices will be CBI. EPA has developed a robust system to prevent unauthorized disclosure of CBI. This system includes procedures for logging material in and out of the Confidential Business Information Center (CBIC) at EPA headquarters and procedures for photocopying and transmitting CBI. These procedures apply to CBI submitted by manufacturers as well as CBI generated by EPA staff in the course of their review. Access to CBI is restricted to persons who need the information for their work. No one is allowed access to CBI without first undergoing instruction on procedures for handling CBI. Special procedures have been instituted to restrict access to computerized CBI. These procedures are detailed in the “TSCA CBI Protection Manual,” October 2003. EPA believes these procedures protect confidential information while providing the public with as much information as possible.
Any information being sent via Central Data Exchange (CDX) is transmitted using secure technologies to protect CBI. The software encrypts company submissions using a Federal Information Processing Standards (FIPS) compliant encryption module. The encryption module employs a public key algorithm which converts readable text into encrypted text. This public key is downloaded from CDX to the submission software, and the corresponding private key is sent to EPA’s New Chemical System (NCS). The encryption remains while the submission is transmitted via CDX to NCS. The file can be decrypted only with the NCS's private key when it has reached its final destination. The NCS is the only party that possesses the private key, which converts the encrypted text back into readable text.
The same thing will occur for all correspondence going back to the submitter. The NCS and submission software are also provided with a set of public and private keys, so that correspondence containing any potential confidential business information will remain encrypted during transmission via CDX and can be opened only by the submitter within the appropriate software.
The information collection activities do not include questions of a sensitive nature.
Manufacturer requested risk evaluation requests must include all of the following information:
(1) Name, mailing address, and contact information of the entity (or entities) submitting the request. If more than one manufacturer submits the request, all individual manufacturers must provide their contact information.
(2) The chemical identity of the chemical substance that is the subject of the request. At a minimum, this includes: all known names of the chemical substance, including common or trades names, CAS number, and molecular structure of the chemical substance.
(3) For requests pertaining to a category of chemical substances, an explanation of why the category is appropriate under 15 U.S.C. 2625(c). EPA will determine whether the category is appropriate for risk evaluation as part of reviewing the request in paragraph (e) of this section.
(4) A description of the circumstances under which the chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in commerce, used, or disposed of, and all information that supports the requesting manufacturer’s identification of the circumstances described in this paragraph (c)(4).
(5) All information known to or reasonably ascertainable by the requesting manufacturer on the health and environmental hazard(s) of the chemical substance, human and environmental exposure(s), and exposed population(s), including but not limited to:
(i) The chemical substance's exposure potential, including occupational, general population and consumer exposures, and facility release information;
(ii) The chemical substance's hazard potential, including all potential environmental and human health hazards;
(iii) The chemical substance's physical and chemical properties.
(iv) The chemical substance’s fate and transport properties including persistence and bioaccumulation;
(v) Potentially exposed or susceptible subpopulations which the manufacturer(s) believes to be relevant to the EPA risk evaluation;
(vi) Whether there is any storage of the chemical substance near significant sources of drinking water, including the storage facility location and the nearby drinking water source(s);
(vii) The chemical substance's production volume or significant changes in production volume; and
(viii) Any other information relevant to the hazards, exposures and/or risks of the chemical substance.
(6) Where information described in paragraph (c)(4) or (5) of this section is unavailable, an explanation as to why, and the rationale for why, in the requester’s view, the provided information is nonetheless sufficient to allow EPA to complete a risk evaluation on the chemical substance.
(7) Copies of all information referenced in paragraph (c)(5) of this section, or citations if the information is readily available from public sources.
(8) A signed certification that all information contained in the request is accurate and complete, as follows:
(i) I certify that to the best of my knowledge and belief:
(A) The company named in this request manufactures the chemical substance identified for risk evaluation.
(B) All information provided in the request is complete and accurate as of the date of the request.
(C) I have either identified or am submitting all information in my possession and control, and a description of all other data known to or reasonably ascertainable by me as required under this part. I am aware it is unlawful to knowingly submit incomplete, false and/or misleading information in this request and there are significant criminal penalties for such unlawful conduct, including the possibility of fine and imprisonment.
(9) Where appropriate, information that will inform EPA's determination as to whether restrictions imposed by one or more States have the potential to have a significant impact on interstate commerce or health or the environment, and that as a consequence the request is entitled to preference pursuant to 15 U.S.C. 2605(b)(4)(E)(iii).
Number of Entities Affected
EPA developed estimates for number of manufacturers who are likely to elect to submit a chemical substance for risk evaluation. Submissions of this nature are still relatively new and EPA has only received few requests from manufacturers for risk evaluations. This rule and ICR assumes 1 chemical manufacture may submit requests to the Agency in any given year which aligns with the assumptions in the current Fees Rule. The total number of entities affected by the recordkeeping and reporting requirements of the rule, therefore, is estimated to be 1 chemical manufacturer per year for a total of 3 respondents over the ICR reporting cycle.
Rule Familiarization Burden
EPA assumes that each manufacturer who elects to submit a chemical substance for risk evaluation consideration is assumed to spend 3 hours becoming familiar with the requirements of the rule and developing an understanding of what actions are necessary to complete the forms and submission package.
CDX Electronic Reporting Burden
Manufacturers requesting a chemical substance be considered by EPA for risk evaluation are required to provide the submission package to the Agency via the CDX electronic system. While several manufacturers may be familiar with the CDX system and are registered users because the same system is used for new chemical submissions to the Agency (e.g., pre-manufacture notice, significant new use notice, low volume exemptions) there is no way to estimate which manufacturers submitting risk evaluation requests are familiar with CDX and which are new to the system. Therefore, EPA assumes submissions under this information collection are performed by new users of CDX which may result in an overestimate of burden.
The CDX electronic reporting burden includes registration to CDX, familiarization with the subscriber agreements, potential use of the help desk, and problem resolution. The burden estimates used in this ICR are based off of estimates in EPA ICR No 2502.02, resulting in a burden of 2.83 hours per respondent.
Submission Package Burden
Chemical manufacturers electing to request EPA consider a chemical substance for risk evaluation must provide a submission package including the following information: contact information of requesting entity(s), full chemical identity information, complete list of reasonably available information consistent with TSCA section 26(h) standards that is relevant to an unreasonable risk determination, addresses all the circumstances that constitute conditions of use, within the meaning of TSCA section 3, and provide a signed certification that all information in the submission is accurate and complete.
While there have been a limited number of submissions to EPA under the previous Risk Evaluation Rule, the Agency has reviewed those activities and considered the additional requirements in the current proposed rule in determining the estimated burden and cost per submission. EPA estimates the cost of having a contractor conduct an in-depth literature review and screen the literature found for relevance costs an average of $100,000 per chemical. In addition to the contractor cost, the manufacturer is expected to spend an average of 160 hours per chemical reviewing the data found during the literature, refining the searches as needed, and preparing the submission package. Therefore, the estimated burden for developing and submitting a risk evaluation request is 160 hours per respondent with an additional direct cost of $100,000 per submission package. Both the number of hours and direct cost per respondent were doubled from the previous Risk Evaluation Rule ICR estimates.
Costs
EPA assumes a direct cost of $100,000 per submission package for work performed by a contractor to assist the manufacturer in preparation activities such as literature reviews. Any fees to be collected as part of the risk evaluation requests will be covered under the fees rule required by TSCA and accompanying ICR. Labor costs are based on fully loaded wage rates. The estimated wage for managerial professional (in the instance of this ICR a toxicologist) is $94.74 per hour. The table below presents the labor rates used to estimate the costs of the labor burdens under the ICR.
Loaded Industry Wage Rates, December 2022 |
||||||||
Labor Category |
Data Source |
Date (mm/yy) |
Wage |
Fringe Benefit |
Total Comp. |
Over-head % Total Comp.1 |
Over-head |
Loaded Wages2 |
(a) |
(b) |
(c)= (a)+(b) |
(d) |
(e)=(c)* (d) |
(f)=(c)+ (e) |
|||
Managerial |
BLS ECEC, Private Manufacturing industries, “Mgt, Business, and Financial”3 |
12/22 |
$54.29 |
$24.66 |
$78.95 |
20% |
15.79 |
$94.74 |
Note(s): 1 An overhead rate of 20% is used based on assumptions in Handbook on Valuing Changes in Time Use Induced by Regulatory Requirements and Other U.S. EPA Actions (U.S. Environmental Protection Agency (EPA) 2020a). 2 Wage data are rounded to the closest penny; however, unrounded values were used in calculations. |
The table below presents the summary of the average annual burden hours and costs per respondent.
Summary of Three Year Average Incremental Burden Hours and Costs for Primary Option |
||||||||
Activity |
Number of Respondents |
Average Annual Responses Per Respondent |
Average Annual Burden Per Respondent |
Average Annual Labor Cost Per Respondent |
Average Annual Non-Labor Cost Per Respondent |
Average Annual Total Labor Burden |
Average Annual Total Labor Costs |
Average Annual Total Non-Labor Costs |
CDX Registration |
3 |
1 |
2.83 |
$268 |
- |
2.83 |
$268 |
- |
Rule Familiarization |
3 |
1 |
3 |
$284 |
- |
3 |
$284 |
- |
Submission Package Burden |
3 |
1 |
160 |
$15,158 |
$100,000 |
160 |
$15,158 |
$100,000 |
All Activities |
3 |
1 |
166 |
$15,711 |
$100,000 |
166 |
$15,711 |
$100,000 |
Not applicable.
EPA estimates costs of $1,620,778 to carry out the activities associated with the information collection activities covered by this ICR, the costs for the Agency to review and determine completeness of 3 manufacturer requested risk evaluations. In order to determine the total cost for the Agency, an average number of labor hours per submission package were estimated. The labor rate was assumed to be a fully loaded GS-13, step 5 employee in the Washington D.C. area of $91.26 per hour. This cost includes an average labor time of 5,920 hours per chemical submitted by a manufacturer.
This is a new, rule-related information collection. Therefore, the reported burden reflects a program change.
Not applicable.
Not applicable.
EPA does not request an exception to the certification of this information collection.
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-NEW). Responses to this collection of information are mandatory for certain persons, as specified at 40 CFR 702. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The public reporting and recordkeeping burden for this collection of information is estimated to be approximately 166 hours per response on average. Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.
To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OPPT-2023-0496, which is available at http://www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above.
You can also provide comments to the Office of Information and Regulatory Affairs, Office of Management and Budget via http://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review— Open for Public Comments’’ or by using the search function.
All comments received by EPA will be included in the docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ- OPPT-2023-0496.
Ref. |
Title (hyperlink) |
1. |
TSCA section 6 (15 U.S.C. 2605) |
2. |
Proposed Rule |
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File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | Microsoft Word - 2707ss01_ICR 4-2022.docx |
Author | Pgimlin |
File Modified | 0000-00-00 |
File Created | 2023-12-12 |