Perchloroethylene Regulation under TSCA Section 6(a) (Final Rule)

Forms and Documents

Document Name	Status
Economic Analysis.docx Supplementary Document	2025-01-13
PCE_FRM_Stakeholder Meeting List_04-01-24.docx Supplementary Document	2025-01-13
2740.02 TSCA Sec. 6_USC-2022-title15-chap5.pdf Supplementary Document	2025-01-13
2740ss02.docx Supporting Statement A	2025-01-13

IC Document Collections

IC ID	Document Title	Status
273602	Records Documenting Plan Implementation and Dermal Exposure	New
273601	PPE Program Plan Documentation	New
273600	Conduct Regular Inspection	New
273599	Product Labeling	New
273598	Self Certification	New
260954	Respiratory Monitoring, Recordkeeping, and Notifications	Modified
260953	Develop Exposure Control Plan	Modified
260952	Downstream Notification (SDS)	Unchanged
260951	Rule Familiarization	Modified

ICR Details

OMB Control No: 2070-0233	ICR Reference No: 202501-2070-002
Status: Received in OIRA	Previous ICR Reference No: 202307-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2740.02
Title: Perchloroethylene Regulation under TSCA Section 6(a) (Final Rule)
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/13/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	176,810	0
Time Burden (Hours)	432,204	0
Cost Burden (Dollars)	2,922,681	0

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Abstract: 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 perchloroethylene (PCE) under its conditions of use. EPA is issuing a final rule under TSCA section 6(a) to: - Prohibit most industrial and commercial uses and the manufacture (including import), processing and distribution in commerce, of PCE for those uses; - Prohibit the manufacture (including import), processing, and distribution in commerce of PCE for all consumer use; - Prohibit the manufacture (including import), processing, distribution in commerce, and use of PCE in dry cleaning and related spot cleaning through a 10-year phaseout; - Require a PCE workplace chemical protection program (WCPP), which would include requirements to meet an inhalation exposure concentration limit and prevent direct dermal contact, for certain conditions of use not prohibited; - Require prescriptive workplace controls for laboratory use and energized electrical cleaner; - Establish recordkeeping and downstream notification requirements; and - Provide a 10-year time limited exemption under TSCA section 6(g) for certain emergency uses of PCE in furtherance of National Aeronautics and Space Administrations (NASA) mission, for specific conditions of use which are critical or essential and for which no technically and economically feasible safer alternative is available.

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Authorizing Statute(s): US Code: 15 USC 2601 Name of Law: Toxic Substances Control Act (TSCA)
  

Citations for New Statutory Requirements: US Code: 15 USC 2601 Name of Law: Toxic Substances Control Act (TSCA)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK84	Final or interim final rulemaking	89 FR 103560	12/18/2024

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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: 9

IC Title	Form No.	Form Name
Conduct Regular Inspection
Develop Exposure Control Plan
Downstream Notification (SDS)
PPE Program Plan Documentation
Product Labeling
Records Documenting Plan Implementation and Dermal Exposure
Respiratory Monitoring, Recordkeeping, and Notifications
Rule Familiarization
Self Certification

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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	176,810	0	0	176,810	0	0
Annual Time Burden (Hours)	432,204	0	0	432,204	0	0
Annual Cost Burden (Dollars)	2,922,681	0	0	2,922,681	0	0

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 collection associated with finalizing a rule under section 6 of the Toxic Substances Control Act (TSCA) to address the unreasonable risk to human health presented by perchloroethylene (PCE) under its conditions of use.

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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: 01/13/2025

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