Export of Toxic Chemicals; Agency Information Collection Activities
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 14, 1999 (Volume 64, Number 9)]
[Notices]
[Page 2486-2488]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja99-61]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-00261; FRL-6050-8]
Export of Toxic Chemicals; Agency Information Collection
Activities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this notice announces that EPA is planning to submit the
following Information Collection Request (ICR) to the Office of
Management and Budget (OMB) for review and approval. Before submitting
the ICR to OMB, EPA is soliciting comments on specific aspects of the
information collection described in Unit I. and Unit II. of this
document. The ICR is a continuing ICR entitled ``TSCA Section 12(b)
Notification of
[[Page 2487]]
Chemical Exports,'' EPA ICR No. 0795.10, OMB No. 2070-0030, which
relates to reporting requirements found at 40 CFR part 707, subpart D.
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 OMB control numbers for EPA's regulations
are listed in 40 CFR part 9.
DATES: Written comments must be submitted on or before March 15, 1999.
ADDRESSES: Each comment must bear the docket control number ``OPPTS-
00261'' and administrative record number 205. All comments should be
sent in triplicate to: OPPT Document Control Officer (7407), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 401 M
St., SW., Rm. G-099, Washington, DC 20460.
Comments and data may also be submitted electronically to:
oppt.ncic@epa.gov. Follow the instructions under Unit III. of this
document. No TSCA Confidential Business Information (CBI) should be
submitted through e-mail.
All comments that contain information claimed as CBI must be
clearly marked as such. Three sanitized copies of any comments
containing information claimed as CBI must also be submitted and will
be placed in the public record for this document. Persons submitting
information on any portion of which they believe is entitled to
treatment as CBI by EPA must assert a business confidentiality claim in
accordance with 40 CFR 2.203(b) for each such portion. This claim must
be made at the time that the information is submitted to EPA. If a
submitter does not assert a confidentiality claim at the time of
submission, EPA will consider this as a waiver of any confidentiality
claim and the information may be made available to the public by EPA
without further notice to the submitter.
FOR FURTHER INFORMATION CONTACT: For general information contact: Susan
B. Hazen, Director, Environmental Assistance Division (7408), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460, Telephone: 202-554-1404, TDD: 202-554-
0551, e-mail: TSCA-Hotline@epa.gov. For technical information contact:
Rob Esworthy, Environmental Assistance Division (7408), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460, Telephone: 202-260-3795, Fax: 202-260-
2219, e-mail: esworthy.rob@epa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Availability:
Internet
Electronic copies of the ICR are available from the EPA Home Page
at the Federal Register - Environmental Documents entry for this
document under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/).
Fax-on-Demand
Using a faxphone call 202-401-0527 and select item 4065 for a copy
of the ICR.
I. Background
Affected entities: Entities potentially affected by this action are
those companies that export or engage in wholesale sales of chemical
substances or mixtures. For each collection of information addressed in
this notice, EPA would like to solicit comments to:
1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
2. Evaluate the accuracy of the Agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
3. Enhance the quality, utility, and clarity of the information to
be collected.
4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
II. Information Collection
EPA is seeking comments on the following ICR as well as the
Agency's intention to renew the corresponding OMB approvals.
Title: TSCA Section 12(b) Notification of Chemical Exports.
ICR numbers: EPA ICR No. 0795.10, OMB No. 2070-0030.
Approval expiration date: April 30, 1999.
Abstract: Section 12(b)(2) of the Toxic Substances Control Act
(TSCA) requires that any person who exports or intends to export to a
foreign country a chemical substance or mixture that is regulated under
TSCA sections 4, 5, 6 and/or 7 submit to EPA notification of such
export or intent to export. Upon receipt of notification, EPA will
advise the government of the importing country of the U.S. regulatory
action with respect to that substance. EPA uses the information
obtained from the submitter via this collection to advise the
government of the importing country.
Responses to the collection of information are mandatory (see 40
CFR part 707, subpart D). Respondents may claim all or part of a notice
confidential. EPA will disclose information that is covered by a claim
of confidentiality only to the extent permitted by, and in accordance
with, the procedures in TSCA section 14 and 40 CFR part 2.
Potential future EPA actions affecting this information collection:
The purpose of this section is to identify EPA actions that are
anticipated to occur during the collection period that could affect the
information requirements and burden. The Agency will follow appropriate
procedures for modifying the TSCA section 12(b) Notification of
Chemical Exports ICR to account for the impacts of these actions at
such time that they actually occur.
On October 9, 1998, EPA announced the High Production Volume
Chemical (HPV) Challenge Program. The HPV Program is a key element of
the Chemical Right-to-Know (ChemRTK) initiative announced by Vice
President Gore and EPA Administrator Browner on the eve of Earth Day
1998. The Chem-RTK initiative challenges government, industry and the
environmental community to develop aggressive strategies that will
rapidly fill the gaps in our understanding about the potential health
and environmental effects associated with chemicals used widely in our
communities and make this information easily accessible to the public.
The HPV Challenge Program is a major new voluntary chemical testing
effort created to ensure that a complete set of baseline health and
environmental effects screening data on thousands of HPV industrial
chemicals is made available to the public. EPA in partnership with
industry and environmental groups have outlined an approach for
compiling the basic information for 2,800 HPV chemicals. HPV chemicals
are defined as those that are manufactured in, or imported into, the
United States in amounts exceeding 1 million pounds per year.
For those chemicals not selected by companies for voluntary
testing, EPA will require the testing by law, using the testing
authorities contained in section 4 of TSCA. EPA will issue a final rule
requiring the testing no later than December 1999. At the time of the
writing of this ICR, EPA is developing
[[Page 2488]]
options for a proposed rulemaking expected to be published during the
second quarter of FY 1999. This includes determining which chemicals
and the number of chemicals potentially affected by these rulemaking
requirements. The chemicals included in the proposed and final
rulemaking will be subject to section 12(b) export notification
requirements. EPA anticipates that this will result in an increase of
the information collection burden for section 12(b). The calculation
for the increased burden will likely be a straightforward
multiplication of number of chemicals not currently subject to section
12(b) requirements by the average number of hours and associated cost.
EPA's Office of Pollution Prevention and Toxics (OPPT) has been
working with industry representatives exploring opportunities for
electronic submission of data to the Agency. One pilot includes
electronic submission of section 12(b) export notifications. OPPT has
recently developed a new database for accepting electronic submissions
under section 12(b). The new database incorporates new web and public
key infrastructure (PKI) technology that will allow for submissions via
the Internet. The new database is currently undergoing beta testing and
EPA anticipates it will be available for implementation later this
calendar year. OPPT hopes to announce the details regarding its ability
to accept electronic section 12(b) submissions in a subsequent Federal
Register notice sometime later in FY 1999. EPA expects electronic
submission will result in an overall reduction of the information
collection burden for section 12(b) export notification.
Burden statement: The burden to respondents for complying with this
ICR is estimated to total 6,200 hours per year with an annual cost of
$257,470. These totals are based on an average burden of approximately
0.564 hours per response for an estimated 350 respondents making one or
more responses annually. These estimates include the time needed to
review instructions; develop, acquire, install, and utilize technology
and systems for the purposes of collecting, validating and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
III. Public Record and Electronic Submissions
The official record for this document, as well as the public
version, has been established for this document under docket control
number ``OPPTS-00261'' (including comments and data submitted
electronically as described below). A public version of this record,
including printed, paper versions of electronic comments, which does
not include any information claimed as CBI, is available for inspection
from 12 noon to 4 p.m., Monday through Friday, excluding legal
holidays. The official record is located in the TSCA Nonconfidential
Information Center, Rm. NE-B607, 401 M St., SW., Washington, DC.
Electronic comments can be sent directly to EPA at:
oppt.ncic@epa.gov
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption. Comments and data
will also be accepted on disks in WordPerfect 5.1/6.1 or ASCII file
format. All comments and data in electronic form addressing ICR No.
0795.10 must be identified by docket control number ``OPPTS-00261'' and
administrative record number 205. Electronic comments on this document
may be filed online at many Federal Depository Libraries.
List of Subjects
Environmental protection, Information collection requests,
Reporting and recordkeeping requirements.
Dated: January 5, 1999.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 99-895 Filed 1-13-99; 8:45 am]
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