Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of PBT Chemicals under TSCA (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2779ss01.docx	Supporting Statement A	Uploaded 2024-01-04	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
264215	Reporting for Decabromrodiphenyl either (DecaBDE) (CASRN 1163-19-5)		New
264214	Reporting for Phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7)		New

ICR Details

OMB Control No: 2070-0230	ICR Reference No: 202401-2070-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2779.01
Title: Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of PBT Chemicals under TSCA (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 02/20/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/05/2024
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. In accordance with 1320.11(b), the agency is reminded to submit the ICR for OMB review the day of Federal Register publication for the proposed rule.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This ICR addresses revisions from EPAs final rules for decaBDE and PIP (3:1) as part of the Reconsideration of the Persistent, Bioaccumulative, and Toxic (PBT) Chemicals rule under TSCA section 6(h). This rulemaking is revising the 2021 final rule for decaBDE by requiring the use of personal protective equipment (PPE) during domestic manufacturing and processing; requiring a label on plastic shipping pallets that are known to contain decaBDE; prohibiting releases to water from manufacturing, processing, and distribution in commerce of decaBDE; extending the compliance date for the phase-out of processing and distribution in commerce of decaBDE-containing wire and cable insulation for nuclear power generation facilities; and adding an export notification requirement for decaBDE-containing wire and cable for nuclear power generation facilities. This rulemaking is revising the 2021 final rule for PIP (3:1) by requiring a closed-loop system for the use of PIP (3:1) in the manufacture of cyanoacrylate adhesives; requiring PPE during manufacturing and processing for most remaining uses and for inhalation and dermal exposures; excluding the processing and distribution of PIP (3:1) for use in wire harnessing and electric conduit boards; establishing a 5-year time limit to the exclusion for non-turbine and non-aviation uses for lubricants and greases; establishing a 5-year time-limit for processing and distribution in commerce of PIP (3:1) in a marine antifouling coating for use on Navy ships; repealing the existing exclusions for motor vehicles and aerospace vehicles and replacing them with prohibition phase-ins; and establishing a 10-year time limit on PIP (3:1)-containing articles used in manufacturing equipment and the semiconductor industry.

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Authorizing Statute(s): US Code: 15 USC 2605(h) 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-AL02	Proposed rulemaking	88 FR 82287	11/24/2023

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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: 2

table that charts list of burden

IC Title	Form No.	Form Name
Reporting for Decabromrodiphenyl either (DecaBDE) (CASRN 1163-19-5)
Reporting for Phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7)

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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, rule-related information collection. Therefore, the reported burden reflects a program change.

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Annual Cost to Federal Government:

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: 01/05/2024

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