Title: Carbon Tetrachloride; Regulation of Carbon Tetrachloride under TSCA Section 6(a) (Final Rule; RIN 2070-AK82)
EPA ICR No.: 2744.02
OMB Control No.: 2070-0228
Docket ID No.: EPA-HQ-OPPT-2020-0592
The Environmental Protection Agency (EPA) is finalizing a rule under section 6 of the Toxic Substances Control Act (TSCA) to address the unreasonable risk to human health presented by carbon tetrachloride (CTC) under its conditions of use. This ICR covers the following information collection activities contained in the final rule:
Downstream notification requirements through Safety Data Sheets (SDS),
WCPP-related information generation, recordkeeping, and notification requirements, including:
Development of an exposure control plan;
Exposure level monitoring and related recordkeeping;
Development of documentation for Personal Protective Equipment (PPE) program and related recordkeeping;
Development of documentation for respiratory protection program and related recordkeeping;
Development and notification to potentially exposed persons (employees and others in the workplace) and their designated representatives about how they can access the exposure control plans, exposure monitoring records, PPE program implementation documentation, and respirator program documentation; and
If engineering controls that vent CTC to ambient air outside the workplace are used, attestation that exposure controls selected do not increase emissions of CTC to ambient air outside of the workplace and whether additional equipment was installed to capture or otherwise prevent increased emissions of CTC to ambient air.
Workplace requirements for laboratory use-related information and generation, including:
Development of documentation for a Personal Protective Equipment (PPE) program and related recordkeeping and
Development of documentation demonstrating implementation of properly functioning laboratory ventilation devices, such as fume hoods or glove boxes.
Third-party downstream notifications from companies that ship CTC to companies downstream in the supply chain through the SDS to communicate the prohibitions;
Development and retention of related records, including ordinary business records, such as invoices and bills-of-lading related to the continued distribution of CTC in commerce, as well as records documenting compliance with the WCPP requirements and restrictions on the laboratory use of CTC.
The final rule also requires that records be retained for 5 years from the date of generation.
Activity |
Number of Respondents |
Average Annual Responses Per Respondent |
Average Annual Total Number of Respondents |
Average Annual Total Labor Burden |
Average Annual Total Labor Costs (2023$) |
Average Annual Total Non-Labor Costs (2023$) |
Average Annual Total Costs (2023$) |
Agency |
- |
- |
- |
- |
- |
- |
- |
Rule Familiarization |
72 |
0.33 |
24 |
72 |
$6,701 |
- |
$6,701 |
Downstream Notification |
72 |
0.33 |
24 |
27 |
$2,342 |
- |
$2,342 |
Develop Plan |
63 |
0.2 |
13 |
840 |
$62,261 |
- |
$62,261 |
Regular inspections |
63 |
1.00 |
63 |
252 |
$18,678 |
- |
$18,678 |
PPE Program Plan: Employee records (type of gloves for each employee) |
63 |
1.00 |
63 |
2,317 |
$171,711 |
- |
$171,711 |
PPE Program Plan: Employee records (implementation of program, training) |
63 |
1.00 |
63 |
3,475 |
$257,567 |
- |
$257,567 |
Record of dermal exposure |
63 |
1.00 |
63 |
116 |
$8,586 |
- |
$8,586 |
Monitoring |
63 |
2.89 |
182 |
68,720 |
$3,947,211 |
$9,360,626 |
$13,307,838 |
Recordkeeping and Notification |
63 |
2.91 |
183 |
10,368 |
$964,970 |
- |
$964,970 |
Total: |
585 |
- |
678 |
86,186 |
$5,440,027 |
$9,360,626 |
$14,800,653 |
Summary
Legal authority: The Toxic Substances Control Act (TSCA), 15 U.S.C. § 2605(a).
Respondents/affected entities: Manufacturers (including importers), processors, distributors, and industrial and commercial users of CTC.
Respondent’s obligation to respond: Mandatory. 15 U.S.C. 2605(a) and 40 CFR part 751.
Confidentiality of responses: Not applicable.
Total Burden and Costs
Estimated total number of potential respondents: 72.
Frequency of response: On occasion.
Estimated total annual burden: 86,186 hours. Burden is defined at 5 CFR 1320.3(b).
Estimated total annual costs: $14,800,653.
Changes in the estimates: Not applicable. This is a request for a new OMB Control Number.
Under section 6(a) of TSCA (15 U.S.C. § 2605(a)), if EPA determines after risk evaluation that 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, under the conditions of use, EPA must, by rule, apply one or more requirements to the extent necessary so that the chemical substance or mixture no longer presents such risk. Section 6(a) authorizes EPA to:
Prohibit or restrict manufacture, processing, or distribution in commerce,
Prohibit or restrict the manufacture, processing, or distribution in commerce of the chemical substance above a specified concentration,
Require minimum warnings or instructions with respect to use, distribution, or disposal,
Require manufacturers or processors to make and retain records,
Prohibit or regulate any manner of commercial use,
Prohibit or regulate any manner of disposal, and/or
Require manufacturers or processors to give notice of the unreasonable risk of injury, and to recall products if required.
EPA is finalizing the following requirements:
Prohibit after 180 days from the publication date of this rule the following conditions of use:
Incorporation of CTC into formulation, mixture or reaction products in petrochemical-derived manufacturing except in the manufacture of vinyl chloride;
Industrial and commercial use of CTC as an industrial processing aid in the manufacture of petrochemicals-derived products except in the manufacture of vinyl chloride);
Industrial and commercial use in the manufacturing of other basic chemicals (including chlorinated compounds used in solvents, adhesives, asphalt, paints and coatings), other than to eliminate nitrogen trichloride in the production of chlorine and caustic soda and the recovery of chlorine in tail gas from the production of chlorine;
Industrial and commercial use of CTC in metal recovery;
Industrial and commercial use of CTC as an additive.
Prohibit after 365 days from the publication date of this rule the following conditions of use:
Industrial and commercial use of CTC in specialty uses by the DoD.
Require full implementation of a CTC WCPP, which would include an 8-hour time-weighted average (TWA) existing chemical exposure concentration limit (ECEL) of 0.03 ppm in combination with direct dermal contact controls (DDCC) after 1080 days from the publication date of this rule for the following conditions of use:
Domestic manufacture of CTC;
Import of CTC;
Processing of CTC as a reactant in the production of HCFCs, HFCs, HFOs, and PCE;
Incorporation of CTC into formulation, mixture, or reaction products in agricultural products manufacturing, vinyl chloride manufacturing, and other basic organic and inorganic chemical manufacturing;
Repackaging of CTC for use in laboratory chemicals;
Recycling of CTC;
Industrial and commercial use of CTC as an industrial processing aid in the manufacture of agricultural products and vinyl chloride;
Industrial and commercial use of CTC in the elimination of nitrogen trichloride in the production of chlorine; and,
Disposal of CTC.
Require use of laboratory ventilation devices, such as fume hoods or glove boxes, and dermal personal protective equipment (PPE) after 365 days for Federal agencies and Federal contractors acting for or on behalf of the Federal government or after180 days for non-Federal owners and operators from the publication date of this rule for the following conditions of use:
Industrial and commercial use of CTC as a laboratory chemical, except for the U.S. Department of Defense’s use of CTC as a laboratory chemical.
Require use of advanced engineering controls at DoD facilities and dermal PPE after 365 days from the publication date of this rule.
Industrial and commercial use of CTC as a laboratory chemical in chemical weapons destruction.
Require manufacturers (including importers), processors, and distributors of CTC to provide downstream notification of the requirements after 180 days from the publication date of this rule.
Require recordkeeping after 60 days from the publication of this final rule, including: ordinary business records, ECEL exposure monitoring (i.e., information on when the sample was taken, conditions that may affect the monitoring results, information regarding the person monitored, analytical methods and compliance with 40 CFR Part 792, and information regarding air monitoring equipment); ECEL compliance (i.e., exposure control plan, facility exposure monitoring records, respiratory protection used and program implementation, notifications of exposure monitoring results, information and training provided); compliance with DDCC requirements (i.e., exposure control plan, dermal personal protective equipment and program implementation, information and training provided); and laboratory chemical compliance.
The information collection activities covered by this ICR are necessary to mitigate the unreasonable risk from carbon tetrachloride under the conditions of use.
Downstream Notification. Without the downstream notification requirement, there is a greater likelihood that non-prohibited uses of CTC could be diverted to prohibited uses, or that users would buy or use materials that they do not realize are subject to the restrictions in the final rule. This would result in continuation of the risk that EPA has determined to be unreasonable. Downstream notification would be carried out by updates to the relevant SDS and is necessary for effective implementation and enforcement of the rule as it provides a record of notification on use restrictions throughout the supply chain. Downstream notification would be required for manufacturers, processors, and distributors in commerce of CTC, who would notify companies downstream upon shipment of CTC about the prohibitions. The information submitted to downstream companies through the SDS would provide knowledge and awareness of the restrictions to these companies.
WCPP-related information generation, recordkeeping, and notification requirements. EPA has authority under section 6 of TSCA to require recordkeeping related to the regulatory requirements imposed by EPA. This is especially important where, as here, such records are needed for effective implementation and enforcement of the TSCA section 6 rule to eliminate unreasonable risk. Information collection activities for such records required by a WCPP would provide potentially exposed persons in a workplace with clear and necessary information and would provide EPA with a necessary evidential mechanism for effective enforcement. The regulated entities would develop, compile, and retain records that are necessary for implementing the exposure controls of the WCPP, provide workplace notification to potentially exposed persons, and serve as a reference for EPA or authorized entities. These records include WCPP records, general business records such as invoices or bills-of-lading, exposure monitoring records, exposure control plan records, and records related to exemptions. These records demonstrate that regulated entities are in compliance with the requirements in this rule. Compliance with the rule is required to mitigate the unreasonable risk to human health identified by EPA for CTC. These recordkeeping requirements are also necessary to permit the EPA to conduct its enforcement activities and to ensure compliance within the regulated community.
EPA. This information collection activity will ensure the availability of information to EPA upon inspection. The rule would not establish requirements that result in the submission of information to EPA.
The final rule would not establish reporting requirements, so no information would be submitted to EPA. Therefore, there is no need for any technology facilitation under the rule related to the information collection activities. The recordkeeping requirement does not specify a particular technology or method of retaining the required information, therefore regulated entities may retain records in any manner that is convenient or cost-effective.
The EPA’s collection pursuant to the TSCA section 6(a) regulations for this rulemaking do not duplicate any other information collection activity. EPA is requiring information to ensure the elimination of unreasonable risk that was identified in, and unique to, the 2020 Risk Evaluation for Carbon Tetrachloride. While this collection activity required by EPA is similar to those of other Federal agencies such as OSHA, EPA is setting a lower exposure threshold than the OSHA PEL; in this way, some entities who were not previously required to maintain certain records under the OSHA standard may be subject to recordkeeping requirements in order to demonstrate they have addressed unreasonable risks under TSCA. The requirements of this rulemaking also include regulated entities where OSHA requirements are not applicable (e.g., public sector workers not covered by an OSHA State plan, and self-employed workers). Thus, these are unprecedented and EPA-specific collection activity guidelines for the regulation of CTC under TSCA and therefore has no duplicative requirements.
This action will not have a significant economic impact on a substantial number of small entities.
Under section 6(a) of TSCA (15 U.S.C. § 2605(a)), if EPA determines after risk evaluation that 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, under the conditions of use, EPA must by rule apply one or more requirements, (see #1 above) to the extent necessary so that the chemical substance or mixture no longer presents such risk. EPA has authority under section 6 of TSCA to require recordkeeping related to the regulatory requirements imposed by EPA. This is important where, as here, such records and reports are necessary for effective implementation and enforcement of the section 6 rule.
Due to the nature of the triggering events that initiate information collection activities under the final rule (i.e., the exposure of workers, ONUs, and potentially exposed persons to unreasonable risk) a shorter timeframe for record retention is not feasible. The information collection activities covered by this ICR are necessary in order to ensure the effective mitigation of unreasonable risk from CTC. Due to EPA’s determination that CTC presents an unreasonable health risk, the final risk management rule involves information collection activities that are intended to ensure that CTC does not present unreasonable risks, thus any associated burdens to the regulated entities are necessary for the implementation of a TSCA section 6(a) rulemaking. Should the records in this information collection activity not be maintained nor be made accessible in accordance with the rulemaking, effective implementation of the WCPP would be compromised and EPA would not be able to determine if unreasonable risk is mitigated, leading to the possibility of injury or death and will hinder investigative efforts by the regulated entity and by EPA.
This rulemaking and information collection activity will require that regulated entities retain records for a duration of 5 years from the date of its inception such as invoices and bills-of-lading, that demonstrate compliance with the prohibitions, restrictions, and other provisions of this regulation. EPA has tailored this timeframe to coincide with the statute of limitations for civil penalty enforcement (28 U.S.C. 2842). EPA expects that 5-year retention of records for a WCPP is necessary for effective implementation and enforcement of this rulemaking. For conditions of use that are not otherwise prohibited under this rule, EPA is also requiring that manufacturers (including importers), processors, and distributors of CTC provide downstream notification of the prohibitions through Safety Data Sheets (SDSs).
EPA developed the proposed rule titled “Carbon Tetrachloride (CTC); Regulation under the Toxic Substances Control Act (TSCA)” rule and published them in the Federal Register for public comment (88 FR 4918, July 28, 2023). The proposed rulemaking served as the public notice for this ICR amendment, which is available in the public docket. Interested parties were directed to submit comments referencing Docket ID No. EPA-HQ-OPPT-2020-0592. The final rule, Economic Analysis, and ICR were developed with consideration of comments received from the public in response to the notice of proposed rulemaking.
EPA has developed a Response to Comments document that summarizes the comments received and EPA’s responses that were not included and responded to in the preamble. This document is available in the docket for the rulemaking (EPA-HQ-OPPT-2020-0592).
This collection does not provide any payment or gift to respondents.
EPA will not be collecting any information. Therefore, confidential information will not be submitted to EPA.
The information collection activities do not include questions of a sensitive nature.
EPA’s Economic Analysis of the Regulation of Carbon Tetrachloride (U.S. EPA, 2024) provides the detailed methodology for estimating the number of respondents. The paperwork burden and associated costs include the activity types listed below. Note that not all entities would incur burden or costs from these activities because they may already be meeting the requirements under as part of their usual business practices.
Rule familiarization
Each facility would incur a 3-hour burden associated with rule familiarization in the first year. An estimated 72 respondents would incur an average of 72 burden hours per year over the first three years of the rule.
Downstream notification
Each person who processes or distributes in commerce CTC must, prior to or concurrent with the shipment, notify companies to whom CTC is shipped, in writing, of the restrictions on its use. An estimated 72 respondents would incur a total of 27 burden hours per year, averaged over the first three years of the rule.
WCPP (Dermal Protection and Respiratory Protection)
Under the final rule, the 63 facilities complying with the rule through a WCPP would be required to develop exposure control plans, monitor exposure levels, maintain records of this monitoring, and provide employees with information about how they can access the exposure control plans, exposure monitoring records, PPE program implementation documentation, respiratory protection program, and dermal protection program documentation. The estimated costs and burdens are as follows:
The estimated burden and costs for the respiratory exposure monitoring plan and conducting exposure monitoring (generating the exposure monitoring results) depend on the CTC levels determined by the monitoring and are described in Chapter 3 of the economic analysis of the rule (certified industrial hygienist and technical specialist labor).
The estimated burden and costs for recordkeeping related to respiratory exposure monitoring depend on the CTC levels determined by the monitoring and are described in Chapter 3 of the economic analysis of the rule (Manufacturing/Managerial labor).
The estimated burden and costs for notifications related to exposure monitoring (notifying potentially exposed workers; providing them with access to exposure control plans, exposure monitoring records, PPE program implementation documentation, respirator program documentation, and dermal protection program documentation) depend on the CTC levels determined by the monitoring and are described in Chapter 3 of the economic analysis of the rule (Manufacturing/Managerial labor).
The table below presents the labor rates used to estimate the costs of the labor burdens under the ICR.
Industry Wage Rates ($2023) |
||||||||
Labor Category |
Data Series |
Date |
Wage ($/hour)1 |
Fringe Benefit |
Total 3 |
Overhead as % of Total Compen-sation2 |
Overhead |
Hourly Loaded Wages |
(a) |
(b) |
(c) =(b)+(a) |
(d) |
(e)=(c)*(d) |
(f)=(c)+(e) |
|||
Managerial |
BLS ECEC, Private Manufacturing industries, “Mgt, Business, and Financial” 3 |
Dec-23 |
$53.10 |
$24.46 |
$77.56 |
20% |
$15.51 |
$93.07 |
Production Worker |
BLS ECEC, Private Manufacturing Industries, “Production occupations” 3 |
Dec-23 |
$22.74 |
$12.41 |
$35.15 |
20% |
$7.03 |
$42.18 |
Physician's Assistant |
OES: "Health Care and Social Assistance (Sector 62) - (29-1071)“Physicians Assistant”. Fringes as percent of wage: BLS ECEC, Health care and social assistance industry, “Professional and related occupations” |
May-23 |
$62.88 |
$27.46 |
$90.34 |
20% |
$18.07 |
$108.41 |
Industrial Hygienist Specialist |
Wage: BLS OEWS Occupational Health & Safety Specialists (19-5011) Fringes as percent of wage: BLS ECEC, Private Manufacturing industries, “Professional and related occupations” |
May-23 |
$41.14 |
$20.62 |
$61.76 |
20% |
$12.35 |
$74.12 |
Industrial Hygienist Technicians |
Wage: BLS OEWS Occupational Health & Safety Technicians (19-5012) Fringes as percent of wage: BLS ECEC, Private Manufacturing industries, “Professional and related occupations” |
May-23 |
$30.89 |
$15.49 |
$46.38 |
20% |
$9.28 |
$55.65 |
1 Wage data are rounded to the closest dollar figure in this table; however, in calculations using these numbers for this report, unrounded values were used. 2 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 (EPA 2020b). 3 Employer Costs for Employee Compensation Historical Supplementary Tables, National Compensation Survey: December 2006 – December 2020 (BLS 2022a); Occupational Employment Statistics (Occupational Employment and Wages) for May 2020, (BLS 2021b). |
The table below presents the summary of the average annual burden hours and costs per facility associated with the final rule. See Chapter 3 of the economic analysis for a more detailed description of how the time burden and wage rates were estimated.
Summary Burden for Technical and Clerical Staff
Activity |
Number of Respondents |
Average Annual Burden per Respondent for Technical and Clerical Staff |
Average Annual Burden for Technical and Clerical Staff |
Agency |
- |
- |
- |
Rule Familiarization |
72 |
1 |
72 |
Downstream Notification |
72 |
0.37 |
27 |
Develop Plan |
63 |
13 |
840 |
Regular inspections |
63 |
4 |
252 |
PPE Program Plan: Employee records (type of gloves for each employee) |
63 |
37 |
2,317 |
PPE Program Plan: Employee records (implementation of program, training) |
63 |
55 |
3,475 |
Record of dermal exposure |
63 |
2 |
116 |
Monitoring |
63 |
1,091 |
68,720 |
Recordkeeping and Notification |
63 |
165 |
10,368 |
Total: |
|
86,186 |
There are ongoing monitoring costs incurred by respondents associated with monitoring equipment, laboratory analysis, and shipping costs. These costs are expected to vary depending on the extent to which monitoring results are below or above the existing chemical exposure limit (ECEL). EPA’s Economic Analysis of the Regulation of Carbon Tetrachloride (U.S. EPA, 2024) describes these cost estimates in detail. These ongoing non-labor costs are summarized in the table below.
Paperwork Non-Labor Cost Associated with Respiratory Monitoring |
|||||||
Threshold |
Number of Respondents |
Average Events Per Respon-dent Annually |
Number of Workers |
Annual Per Respondent Non-Labor Costs (excludes costs estimated on a per-worker basis) |
Annual Per-Worker Non-Labor Cost (2023$) |
Average Annual Per-Respondent Cost |
Average Annual Total Cost (2023$) |
<Action Level |
1 |
|
220 |
0 |
$77 |
$11,409 |
$16,885 |
Between Action Level and Limit |
2 |
|
344 |
0 |
$384 |
$62,629 |
$132,148 |
< 10 times the ECEL |
49 |
|
11,659 |
0 |
$691 |
$162,762 |
$8,053,482 |
< 25 times the ECEL |
8 |
|
1,457 |
0 |
$691 |
$119,071 |
$1,006,146 |
< 50 times the ECEL |
1 |
|
220 |
0 |
$691 |
$102,679 |
$151,965 |
< 1,000 times the ECEL |
0 |
|
0 |
0 |
$691 |
$0 |
$0 |
< 10,000 times the ECEL |
0 |
|
0 |
0 |
$691 |
$0 |
$0 |
Total: |
63 |
|
13,900 |
|
$9,360,626 |
There will be no agency collection activities under the rule. There will only be third-party notification and recordkeeping requirements. Annualized costs for recordkeeping requirements are not provided as costs are only incurred during the first three years of the rule.
This is a new, rule-related information collection. Therefore, the reported burden reflects a program change. The total burden requested for this ICR is 86,186 hours per year. The total annual cost burden requested for this ICR is $14,800,653.
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. 2070-0228). Responses to this collection of information are mandatory for certain persons, as specified at 40 CFR Part 751. 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 1,197 hours per response. 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 Information Engagement 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.”
The attachments listed below can be found in the docket accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2020-0592.
Ref. |
Title (hyperlink) |
1. |
Final Rule |
EPA. (2024). Final Rule; Economic Analysis.
EPA (2024). Stakeholder Meeting Index
EPA (2024). Response to Comments
TSCA section 6 (15 U.S.C. 2605)
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Modified | 0000-00-00 |
File Created | 2025-01-16 |