Attachment B - Consultation Response

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Barkas, Jessica
Smoot, Cameo; Sleasman, Katherine
RE: Consultation for the TSCA 8(b) renewal ICR
Tuesday, May 28, 2024 4:42:38 PM
ICR Consultation Questions (Responses 5-27-2024).docx

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Dear Jesssica,
I hope you are well.
Attached please find the completed document.

ChemReg Compliance Solutions LLC

Barkas, Jessica
Sent:
Subject: Consultation for the TSCA 8(b) renewal ICR
Good Afternoon:
Dear Sir or Madam,
I am contacting you to solicit your input on the renewal of the Information Collection Request (ICR)
to obtain information pursuant to the Toxic Substances Control Act (TSCA) section 8(b) reporting
requirements for TSCA Inventory notifications (see attached questions).
The existing ICR for TSCA section 8(b) reporting requirements for TSCA inventory notifications
expires on expires on January 31, 2025, and will need to be renewed.  Titled, “TSCA Section 8(b)
Reporting Requirements for TSCA Inventory Notifications,” it is  identified by OMB Control No. 20700201. OMB requires federal agencies to consult with nine or fewer potential respondents prior to
submitting the ICR renewal to OMB for review and approval. This consultation requirement is in
addition to providing the public with 60 days to comment on the proposed collection activity. The
notice announcing the ICR renewal and solicitation of comments was published in the Federal
Register on April 23, 2024 ( 89 FR 30356). See http://www.regulations.gov/, docket ID EPA-HQ-OPPT-

2020-0413, and the ICR supporting statement for this renewal located is in that docket for additional
information.

The Paperwork Reduction Act (PRA) requires that agencies receive Office of Management and
Budget (OMB) clearance before requesting most types of information from the public. In order to
receive OMB clearance, federal agencies prepare draft ICRs providing an overview of the information
collection and estimates of the cost and time for the public to respond. The agencies consult with
potential respondents and the public about the ICR and, where appropriate, incorporate comments
received. The draft ICR is then sent to OMB for its review and approval. These ICRs are periodically
renewed. This ICR addresses the reporting and recordkeeping requirements under TSCA section 8(b)
that are associated with the TSCA Inventory, as codified in 40 CFR part 710. TSCA section 8(b)
specifically requires that EPA compile and keep current a list of chemical substances manufactured
or processed for commercial purposes in the United States. This ICR renewal's estimate reflects a
decrease of 90 hours in the total estimated respondent burden compared with that identified in the
ICR currently approved by OMB. This decrease reflects a reduction in the estimated number of
chemicals reported in each submission, i.e., from 18 to an average one chemical.

Jessica A. Barkas, Attorney-Advisor
Project Management and Operations Division
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
Phone:  202-250-8880

Attachment C- EPA ICR NO. 2565.04; OMB CONTROL NO. 2070-0201
ChemReg Compliance Solutions Response 5.27.2024
Consultation Questions for the Information Collection Request (ICR) for TSCA Section 8(b)
Reporting and Requirements for TSCA Inventory Notifications
(1) Publicly Available Data
A. Is the data that the Agency seeks available from any public source, or already collected
by another office at EPA or by another agency? Response: No

B. If yes, where can you find the data? Response: N/A
(Does your answer indicate a true duplication, or does the input indicate that certain data
elements are available, but that they do not meet our data needs very well?)

(2) Clarity of Instructions
A. The ICR is intended to require that respondents provide certain data so that the Agency
can utilize them.

B. Based on the instructions (regulations, PR Notices, etc.), is it clear what you are required
to do, and how to submit such data? Response: Yes, it is very clear. If not, what
suggestions do you have to clarify the instructions? Response: N/A

C. Do you understand that you are required to maintain records? Response: Yes.

D. Considering that there is no required submission format, is it difficult to submit
information in ways that are clear, logical, and easy to complete? Response: No.

E. Are there forms associated with this process? Response: Yes. Do you use them?
Response: Yes. Are they clear, logical, and easy to complete? Response: Yes. Very
much so.

(3) Electronic Reporting and Record keeping
The Government Paperwork Elimination Act requires agencies make available to the public
electronic reporting alternatives to paper-based submissions by 2003, unless there is a strong

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Attachment C- EPA ICR NO. 2565.04; OMB CONTROL NO. 2070-0201
ChemReg Compliance Solutions Response 5.27.2024
reason for not doing so. One such reason is that, at the present time, the Agency is unable to
ensure the security of CBI that might be transmitted over the Internet.
A. What do you think about electronic alternatives to paper-based records and data
submissions? Response: Electronic alternatives would be preferable to paper-based
records and data submissions. Would you be interested in pursuing keeping records
electronically? Response: Yes.

B. Are you keeping your records electronically? Response: Yes. If yes, in what format?
Response: This varies, depending on the company.

(4) Burden and Costs
A. Are the labor rates accurate? Response: Yes, if the companies do the reporting using
their own personnel. The labor costs tend to be higher if companies use external law
firms or consulting firms.

B. The Agency assumes there is no capital cost associated with this activity. Is that correct?
Response: Yes.

C. Bearing in mind that the burden and cost estimates include only burden hours and costs
associated with the paperwork involved with this ICR (e.g., the ICR does not include
estimated burden hours and costs for conducting studies) are the estimated burden hours
and labor rates accurate? Response: The estimated hours are accurate, but the
estimated costs could be higher if companies have to hire external law firms or
consulting firms to help them with the reporting. If you provide burden and cost
estimates that are substantially different from EPA’s, please provide an explanation of
how you arrived at your estimates.

D. Are there other costs that should be accounted for that may have been missed? Response:
The cost of hiring external law firms or consulting firms to help them with the
reporting because companies do not have the appropriate personnel capable of
submitting the required information.

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