       Supporting Statement for an Information Collection Request (ICR)
                    Under the Paperwork Reduction Act (PRA)

EXECUTIVE SUMMARY
   Identification of the Information Collection  -  Title and Numbers
Title:
Regulation of Persistent, Bioaccumulative, and Toxic Chemicals under TSCA Section 6(h)
EPA ICR No.:
2599.03
OMB Control No.:
2070-0213
Docket ID No.:
EPA-HQ-OPPT-2023-0105 (https://www.regulations.gov)
Abstract
In January 2021, the U.S. Environmental Protection Agency (EPA) finalized five rules under section 6(h) of the Toxic Substances Control Act (TSCA) regarding prohibitions and restrictions on the following five persistent, bioaccumulative, and toxic (PBT) chemical substances: decabromodiphenyl ether (decaBDE) (Chemical Abstract Services Number (CASRN) 1163-19-5), phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7), 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 732-26-3), pentachlorothiophenol (PCTP) (CASRN 133-49-3), and hexachlorobutadiene (HCBD) (CASRN 87-68-3). This Information Collection Request (ICR) addresses the information collection activities and corresponding burden estimates under the Paperwork Reduction Act (PRA) for all five chemical substances. Specifically, the information collection activities associated with the downstream notification of the prohibitions in the rule for PIP (3:1) and the rule familiarization activities and recordkeeping requirement for all five PBT chemicals.

DecaBDE (40 CFR § 751.405)
The regulation prohibits the manufacture (including import) and processing of decaBDE, and products and articles to which decaBDE has been added, effective 60 days after publication of the rule, and distribution in commerce of decaBDE and products and articles to which decaBDE has been added, one year after the effective date of the rule. Different compliance dates or exclusions from this prohibition include the following:
 All manufacture, processing and distribution in commerce of decaBDE for use in curtains in the hospitality industry, and the curtains to which decaBDE has been added after July 6, 2022.
 Processing and distribution in commerce for recycling of decaBDE-containing plastic from products or articles and decaBDE-containing products or articles made from such recycled plastic, where no new decaBDE is added during the recycling process.
 Distribution in commerce of plastic shipping pallets that contain decaBDE and were manufactured before March 8, 2021.
 Until 2036, or the end of the vehicles' service lives, manufacturing, processing, and distribution in commerce of decaBDE for use in replacement parts for motor vehicles and the decaBDE-containing replacement parts.
 Processing and distribution in commerce of decaBDE for use in wire and cable insulation in nuclear power generation facilities, and the decaBDE-containing wire and cable insulation after January 6, 2023.
 Manufacture, processing and distribution in commerce of decaBDE for use in parts installed in and sold as part of new aerospace vehicles, and the parts to which decaBDE has been added for such vehicles after January 8, 2024. After the end of the service life for aerospace vehicles manufactured before January 8, 2024, import, processing, and distribution in commerce of such vehicles that contain decaBDE in any part. After the end of the service life for aerospace vehicles manufactured after January 8, 2024, manufacture, processing, and distribution in commerce of decaBDE for use in replacement parts for such vehicles, and the replacement parts to which decaBDE has been added for such vehicles.
 After the end of their service life, for processing and distribution in commerce of plastic shipping pallets that contain decaBDE and were manufactured prior to the publication date of the rule.

Exclusions to the prohibition are:
 Processing and distribution in commerce for recycling of decaBDE-containing plastic products and articles (i.e., the plastic to be recycled is from articles and products that were originally made with decaBDE), and for decaBDE-containing products or articles made from such recycled plastic, in which no new decaBDE is added during the recycling or production process.

Each person who manufactures, processes, or distributes in commerce decaBDE, or decaBDE-containing products or articles must maintain, for three years from the date the record is generated, ordinary business records related to compliance the rule that include the name and purchaser and list the products or articles. This recordkeeping requirement does not apply to the processing and distribution in commerce for recycling of plastic that contains decaBDE, and processing and distribution of those products and articles containing decaBDE from recycled plastic, and plastic shipping pallets, that are excluded from the rule. These records must include a statement that the decaBDE, or the decaBDE-containing products and articles, are in compliance with 40 CFR section 751.405(a) and be made available to EPA within 30 calendar days upon request.

PIP (3:1) (40 CFR § 751.407)
The regulation prohibits processing and distribution in commerce of PIP (3:1), including in PIP (3:1)-containing products or articles, except for the following:
    Processing and distribution in commerce for use in hydraulic fluids either for the aviation industry or to meet military specifications for safety and performance where no alternative chemical is available that meets U.S. Department of Defense specification requirements;
    Processing and distribution in commerce for use in lubricants and greases;
    Processing and distribution in commerce for use in new and replacement parts for the automotive and aerospace industry, and the distribution in commerce of the parts to which PIP (3:1) has been added;
    Processing and distribution in commerce for use as an intermediate in a closed system to produce cyanoacrylate adhesives;
    Processing and distribution in commerce for use as an adhesive and sealant until four years after January 6, 2025;
    Processing and distribution in commerce for use in specialized engine filters for locomotive and marine applications;
    Processing for recycling and distribution in commerce for the recycling of PIP (3:1)-containing plastic that has no new PIP (3:1) added during the recycling process;
    Processing and distribution in commerce of articles and products made from recycled PIP (3:1)-containing plastic that has no new PIP (3:1) added during the recycling process or to the articles and products made from the recycled plastic;
    Processing and distribution in commerce for use in PIP (3:1)-containing photographic printing articles after January 1, 2022; and
    Processing and distribution in commerce of PIP (3:1) for use in articles and PIP (3:1)-containing articles after October 31, 2024.

40 CFR § 751.407(c) also prohibits releases to water for the ongoing processing, distribution in commerce, and commercial uses that are permitted to occur, as outlined in the preceding bullets.

According to 40 CFR § 751.407(e), persons manufacturing, processing, and distributing in commerce PIP (3:1) or PIP (3:1)-containing products for any use must, prior to or concurrent with the shipment, notify the companies to whom PIP (3:1) is shipped, in writing, of these prohibitions on processing and distribution, and the prohibition on releases to water. This notification must occur by inserting specific text, as provided in the rule, in the Safety Data Sheet (SDS) or labeling.

Furthermore, according to 40 CFR § 751.407(d), persons who manufacture, process, or distribute in commerce PIP (3:1) or PIP (3:1)-containing products or articles (except as excluded from the rule requirements) must maintain ordinary business records, such as invoices and bills of lading, related to compliance with the prohibitions, restrictions, and other provisions of this section. These records must be maintained for a period of three years from the date the record is generated, and must include a statement that the PIP (3:1) or the PIP (3:1)-containing products or articles, are in compliance with 40 CFR section 751.407(a). These records must be made available to EPA within 30 calendar days upon request. This recordkeeping requirement does not apply to the processing and distribution in commerce for recycling of plastic that contains PIP (3:1), as well as processing and distribution of those products and articles containing PIP (3:1) from recycled plastic, that are excluded from the rule.

2,4,6-TTBP (40 CFR § 751.409)
The regulation prohibits, after January 6, 2026, distribution in commerce of 2,4,6-TTBP and products containing 2,4,6-TTBP at concentrations above 0.3% in any container with a volume of less than 35 gallons for any use. In addition, after January 6, 2026, the processing and distribution in commerce of 2,4,6-TTBP and products containing 2,4,6-TTBP, at any concentration above 0.3% by weight for use as an oil or lubricant additive is prohibited regardless of container size. Distributors of 2,4,6-TTBP are required to keep for three years ordinary business records, such as invoices and bills of lading, that are related to compliance with the prohibitions, restrictions, and other provisions of the rule.

PCTP (40 CFR § 751.411)
The regulation prohibits all manufacturing (including import) and processing of PCTP and PCTP-containing products or articles, unless PCTP concentrations are at or below 1% by weight, after January 6, 2022. After January 6, 2022, all persons are prohibited from all distribution in commerce of PCTP or PCTP-containing products or articles, unless PCTP concentrations are at or below 1% by weight. In addition, after March 8, 2021, manufacturers, processors, and distributors of PCTP and PCTP-containing products or articles must maintain ordinary business records related to compliance with the prohibitions, restrictions, and other provisions of the rule, such as invoices and bills of lading. These records must be maintained for a period of three years from the date the record is generated.

HCBD (40 CFR § 751.413)
The regulation prohibits all manufacturing (including import), processing, and distribution in commerce of HCBD and HCBD-containing products or articles, except for the unintentional production of HCBD as a byproduct in the production of chlorinated solvents, and the processing and distribution in commerce of HCBD for burning as a waste fuel. Manufacturers, processors, and distributors of HCBD are required to keep for three years ordinary business records, such as invoices and bills of lading, that are related to compliance with the prohibitions, restrictions, and other provisions of the rule.

The portions of the rules that are covered in this ICR are the downstream notification of the prohibitions in the rule for PIP (3:1) and the recordkeeping requirement for all five PBT chemicals.

Summary Total Burden and Costs
                            Information Collection
                             Number of Respondents
                          Annual Number of Responses
                           Responses per Respondent
                          Annual Time Burden (Hours)
                         Annual Cost Burden (Dollars)
Total Respondent (Reporting)
                                      73
                                      73
                                      1.0
                                      0.5
                                    $2,971
Total Respondent (Recordkeeping)
                                      49
                                      49
                                      1.0
                                     0.33
                                    $1,328
Total Respondent (Third-party Disclosure)
                                       0
                                       0
                                      1.0
                                     0.33
                                      $0
Total Respondents
                                      132
                                      132
                                      1.0
                                      55
                                   $4,299.00
Total Agency

                                       0
                                      $0

SUPPORTING STATEMENT
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
TSCA  -  Section 6(h) of TSCA (15 U.S.C. § 2605(h)(Attachment1)) directs EPA to take action under section 6(a) on certain PBT chemical substances. Under section 6(h), EPA must address risks and reduce exposure to these PBT chemicals to the extent practicable. With regard to the PBT chemicals, section 6(a) authorizes EPA to:
 Prohibit or limit manufacture, processing, or distribution in commerce;
 Prohibit or limit the manufacture, processing, or distribution in commerce above a specified concentration of the chemical substance;
 Require minimum warnings and 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.
The rules' provisions are described in the previous section.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection.
The information collection activities covered by this ICR are necessary to enhance the exposure reductions that are directed by TSCA section 6(h).

Without the downstream notification requirement for PIP (3:1), there is a greater likelihood that non-prohibited uses of PIP (3:1) could be diverted to prohibited uses and that users would buy materials that they do not realize contain PIP (3:1) because they are not aware of the prohibitions. This could result in inadequate exposure reductions. In order to ensure awareness of the prohibitions and improve the likelihood that PIP (3:1) and products or articles containing PIP (3:1) are not used in applications where its use is prohibited under the rule, the manufacturers, importers, processors, and distributors of products or articles that contain PIP (3:1) designed for uses that are not prohibited will be required to notify downstream purchasers about the uses that are prohibited. Downstream notification will also be necessary for effective enforcement of the rule as it provides a record of notification on use restrictions down the supply chain via Safety Data Sheet. Safety Data Sheets are already required by the Occupational Safety and Health Administration (OSHA). Therefore, this additional information should not substantially increase the burden on these companies.
EPA also 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 enforcement of the TSCA section 6 rules.

EPA: This information collection will provide EPA with information only upon inspection of such materials. There are no reporting requirements to submit information to EPA under the information collection activities.

Downstream Companies: Under 40 CFR 751.407(e), manufacturers, processors, and distributors of PIP (3:1) must notify companies downstream upon shipment of PIP (3:1) about the prohibited use. The information submitted to downstream companies would provide knowledge and awareness of the prohibited use to these companies.

The regulated entities must also compile and retain records that are necessary as a reference for EPA or authorized entities. These records demonstrate that the entities throughout the PIP (3:1) supply chain are aware of the prohibitions and that companies upstream can show what entities they supply to and therefore what entities they need to notify of the prohibitions. The records compiled and maintained by the regulated entities must also relate to compliance with the use restrictions and distribution requirements for all five of the chemical substances subject to the rules. These recordkeeping requirements are necessary to permit the EPA to conduct its enforcement activities and to ensure compliance within the regulated community.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
There will be no information collection by EPA. Therefore, there is no need for any technology facilitation under the rule related to information collection activities. The recordkeeping requirement does not specify a particular technology or method of retaining the required information. The collection of information by third parties will occur via Safety Data Sheet.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
EPA's collection pursuant to the TSCA section 6(a) regulations do not duplicate any other collection. There is no other Federal program that requires the information collection activities related to the prohibitions under the rules.

5. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
 Due to the nature of the triggering events that initiate information collection activities under the rules, less frequent collection is not feasible. The rules only include reporting information to third parties and do not require reporting information to EPA.

6. If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.
 EPA believes that the downstream notification and recordkeeping requirements do not unduly burden small businesses. EPA concludes that the rules have no significant impacts on any of the entities subject to downstream notification as firms subject to this requirement have a cost-revenue impact of less than 1 percent.

7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.
   a)	requiring respondents to report information to the agency more often than quarterly;
   b)	requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
   c)	requiring respondents to submit more than an original and two copies of any document;
   d)	requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
   e)	in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
   f)	requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
   g)	that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
   h)	requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

This question is not applicable to this ICR.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or report.
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
Pursuant to 5 CFR 1320.8(d), EPA will publish a notice in the Federal Register, announcing the planned renewal of this information collection activity, soliciting public comment on specific aspects of the ICR and providing a 60-day public comment period.

In addition to the public notice that EPA will publish in the Federal Register concerning the renewal of this ICR, EPA staff will contact appropriate stakeholders and ask them for their assessment of the regulatory burden estimates expressed by the Agency in this ICR. A summary of the full consultation will be provided (Attachment 2).

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
This question is not applicable to this ICR.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
EPA will not be collecting any information. Therefore, confidential information will not be submitted to EPA.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
No information of a sensitive or private nature is requested in conjunction with these information collection activities, and these information collection activities comply with the provisions of the Privacy Act of 1974 and OMB Circular A-108, as amended, "Responsibilities for the Maintenance of Records about Individuals by Federal Agencies."

12. Provide estimates of the hour burden of the collection of information.
 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
 If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'
This ICR specifies five chemical-specific information collections (ICs) for the paperwork requirements on persons who manufacture, process, or distribute the five PBT chemicals. For each respondent category, the ICR describes the respondents, the information collection activities and related estimates for burden and costs associated with those activities. The general activities and methodology for estimating the burden and cost of the paperwork requirements for the five rules is as follows, as does a chemical-specific IC discussion which specifies the instances in which the paperwork requirements apply and presents chemical-specific burden and labor cost estimates.

Rule Familiarization Burden

EPA assumes that each manufacturer (including importers), processor, and distributor of products or articles that contain the regulated chemicals will spend a half an hour (0.5 hours) becoming familiar with the requirements and develop an understanding of what actions are necessary to comply with the downstream notification and recordkeeping requirements. EPA conservatively assumes that this is an annually recurring activity, to account for staff turnover and other changes at the company which may require a regularly updated understanding of rule requirements.

Downstream Notification Burden

Downstream notification is considered a third-party notification. EPA estimates that downstream notification is accomplished through an annotation to already existing chemical SDSs that each manufacturer, distributor, or importer provides to downstream users under the Hazard Communication Standard (HCS) (29 CFR 1910.1200). The activity only needs to be performed one time, and was estimated to require one hour of technical labor in the first year after the rule's effective date (that is during the period of the previous ICR).

Recordkeeping Burden

Manufacturers (including importers), processors, and distributors of the chemicals subject to the rule must maintain, for a period of three years from the date the record is generated, ordinary business records, such as bills of lading, invoices, or comparable documents related to compliance with this rule.
Firms are likely to keep these records as part of their customary business practices. For example, the Internal Revenue Service recommends that firms keep invoices in order to document their assets, expenses, gross receipts, and purchases (U.S. Internal Revenue Service 2015). This provision is intended to be general in nature and not impose additional recordkeeping obligations on subject companies that exceed the needs of normal business operations.
For decaBDE and PIP (3:1), the rules also require that records must include a statement that the decaBDE- or PIP (3:1)-containing products or articles are in compliance with the relevant rule requirements, and that these records must be made available to EPA within 30 calendar days upon request. EPA assumes that it will take approximately one hour of technical time for each affected company to develop the language for the statement and to insert this statement into the record development and keeping process that is currently in place (for example, to reformat documents). EPA assumes this process will only be incurred once per company, during the first year of the rule analysis period. EPA annualizes this per-respondent burden estimate for the sake of distributing the one-time event over the course of the requested 3-year ICR approval period.

Costs

EPA assumes no direct costs are associated with this collection. Labor costs are based on fully loaded wage rates. The estimated professional wage rate for manufacturers (including importers), processors and distributors is $81.40, which was estimated as shown in Table 5-1.
                        Table 5-1: Technical Wage Rates
Labor Category
Data Sources
Date
Wage1
Fringes Benefits[1]
Over-head % wage[2]
Overhead
Loaded Wages
Professional / Technical
BLS ECEC, Private Manufacturing industries, "Professional and related"
Dec-21
$44.99
$22.84
20%
$13.57
$81.40
Source(s):
[1] Employer Costs for Employee Compensation Supplementary Tables: Dec 2021 (BLS 2022)
Note(s):
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).
Values in table may not sum due to rounding

Information Collection (IC) for Decabromodiphenyl ether (DecaBDE) (CASRN 1163-19-5)
Respondents
   NAICS Codes

Based on the rule's compliance dates and exemptions, the following activities involving the use of decaBDE may still be ongoing:

 Until 2036, or the end of the vehicles' service lives, manufacturing, processing, and distribution in commerce of decaBDE for use in replacement parts for motor vehicles and the decaBDE-containing replacement parts.
 Manufacture, processing and distribution in commerce of decaBDE for use in parts installed in and sold as part of new aerospace vehicles, and the parts to which decaBDE has been added for such vehicles after January 8, 2024. After the end of the service life for aerospace vehicles manufactured before January 8, 2024, import, processing, and distribution in commerce of such vehicles that contain decaBDE in any part. After the end of the service life for aerospace vehicles manufactured after January 8, 2024, manufacture, processing, and distribution in commerce of decaBDE for use in replacement parts for such vehicles, and the replacement parts to which decaBDE has been added for such vehicles.
 After the end of their service life, for processing and distribution in commerce of plastic shipping pallets that contain decaBDE and were manufactured prior to the publication date of the rule.
 Processing and distribution in commerce for recycling of decaBDE-containing plastic products and articles (i.e., the plastic to be recycled is from articles and products that were originally made with decaBDE), and for decaBDE-containing products or articles made from such recycled plastic, in which no new decaBDE is added during the recycling or production process.

Companies identified with these uses of decaBDE, and thus most likely affected by the paperwork requirements for decaBDE, are associated with the North American Industrial Classification System (NAICS) codes:
 Other Basic Inorganic Chemical Manufacturing (325180);
 All Other Basic Organic Chemical Manufacturing (NAICS Code 325199);
 Plastics Material and Resin Manufacturing (325211)
 Custom Compounding of Purchased Resins (NAICS Code 325991);
 All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS Code 325998);
 Urethane and Other Foam Product (except Polystyrene) Manufacturing (NAICS Code 326150);
 All Other Plastics Product Manufacturing (NAICS Code 326199);
 Motor Vehicle Manufacturing (NAICS Code 3361), e.g., automobile, aircraft, ship, and boat manufacturers and motor vehicle parts manufacturers;
 Other Motor Vehicle Parts Manufacturing (NAICS Code 336390);
 Aircraft Manufacturing (NAICS Code 336411);
 Other Aircraft Parts and Auxiliary Equipment Manufacturing (NAICS Code 336413);
 Guided Missile and Space Vehicle Manufacturing (NAICS Code 336414);
 Automobile and Other Motor Vehicle Merchant Wholesalers (NAICS Code 423110);
 Motor Vehicle Supplies and New Parts Merchant Wholesalers (NAICS Code 423120);
 New Car Dealers (NAICS Code 441110);
 Aircraft Maintenance and Repair Services (NAICS Code 488190); and
 All Other Consumer Goods Rental (NAICS 532289).

Estimated Number of Potential Respondents

In the economic analysis for the final rule (Docket ID No. EPA-HQ-OPPT-2019-0080), EPA developed estimates for number of affected manufacturers (including importers), processors, and distributors, based on EPA's Public 2016 Chemical Data Reporting (CDR) data (EPA 2017) and EPA's 2017 Toxics Release Inventory Program dataset (EPA 2018). EPA estimated that 46 respondents were subject to the paperwork requirements of the final rule for decaBDE. Based on the activities that have since become prohibited based on different compliance dates, EPA now estimates that 20 of these respondents continue to be subject to the paperwork requirements of the final rule for decaBDE.

Information Collection Activities
   Activities and Data Items

 Rule Familiarization

      Each manufacturer (including importers), processor, and distributor of decaBDE and decaBDE-containing products or articles will read the regulations to become familiar with the requirements and to develop an understanding of what actions are necessary to comply with the downstream notification and recordkeeping requirements. EPA conservatively assumes that this is an annually recurring cost, to account for staff turnover and other changes at the company which may require a regularly updated understanding of rule requirements.

 Recordkeeping

      The rule requires that manufacturers (including importers), processors and distributors of decaBDE and decaBDE-containing products or articles not excepted by the rule will maintain, for a period of three years from the date the record is generated, ordinary business records, such as bills of lading, invoices, or comparable documents related to compliance with this rule. These records must include a statement that the decaBDE-containing products or articles are in compliance with 40 CFR § 751.405(a), and these records must be made available to EPA within 30 calendar days upon request.
      Firms are likely to keep these records as part of their customary business practices. For example, the Internal Revenue Service recommends that firms keep invoices in order to document their assets, expenses, gross receipts, and purchases (U.S. Internal Revenue Service 2015). The required statement need not be included on every business record, such as every invoice or bill of lading, although regulated entities may choose to reformat their documents to include the statement. Importers of replacement automobile parts that contain decaBDE who, for example, import from the same suppliers over and over, need only to have a single statement for each part or each supplier. EPA assumes that it will take approximately one hour of technical time for each affected company to develop the language for the statement and to insert this statement into the record development and keeping process that is currently in place (for example, to reformat documents). EPA assumes this process will only be incurred once per company, during the first year of the rule analysis period. To develop an estimate of average annual burden across the time period of the ICR, EPA divided the burden per response equally across the three years. Therefore, average burden per respondent for each year is calculated as 1 hour/3 years = 0.33 hours/year.

Estimated Annual IC Burden and Cost

EPA estimates that paperwork burden associated with rule requirements for decaBDE is about 17 hours per year, as shown in Table 5-2.

                      Table 5-2: IC Estimates for DecaBDE
IC Calculation:
                             EPA's Estimates:[a]
1.  Responses:
Total Number of Respondents
                                                                             20
Number of Responses (chemicals) per Respondent
                                                                            1.0
Time Period for Each Response
                                                                    On occasion
Annual Frequency (times per year, per respondent)
                                                                            1.0
Annual Number of Responses[b]
                                                                             20
2.  Burden Hours:
Activities
                               Hour per Response
                              Annual Hour Burden
Reporting (proxy for rule familiarization)
                                                                           0.50
                                                                          10.00
Recordkeeping
                                                                           0.33
                                                                           6.60
Third-party Disclosure
                                                                           0.00
                                                                           0.00
Total Burden Hours:
                                                                          0.833
                                                                          16.60
3.  Capital and O&M Costs (this does NOT include labor costs):
Activities
                               Cost per Response
                                  Annual Cost
Reporting
                                                                         $0.00
                                                                         $0.00
Recordkeeping
                                                                         $0.00
                                                                         $0.00
Third-party Disclosure
                                                                         $0.00
                                                                         $0.00
Total Capital and O&M Costs:
                                                                         $0.00
                                                                         $0.00
4.  Annual Responses and Burdens:
                                 Annual Totals
                                Total Requested
Annual Responses
                                                                             20
Annual Hour Burden (rounded to nearest hour)
                                                                             17
Annual Cost (Non-Labor)
                                                                          $0.00
[a] Based on details provided in the Tables presented earlier in this section.
[b] This number is used as a multiplier to calculate the Annual Burden hours and costs.

Information Collection (IC) for Phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7)
Respondents
   NAICS Codes

Based on the rule's compliance dates and exemptions, the following activities involving the use of PIP (3:1) may still be ongoing:
    Processing and distribution in commerce for use in hydraulic fluids either for the aviation industry or to meet military specifications for safety and performance where no alternative chemical is available that meets U.S. Department of Defense specification requirements;
    Processing and distribution in commerce for use in lubricants and greases for turbine and aviation use;
    Processing and distribution in commerce for use in new and replacement parts for the automotive and aerospace industry, and the distribution in commerce of the parts to which PIP (3:1) has been added;
    Processing and distribution in commerce for use as an intermediate in a closed system to produce cyanoacrylate adhesives;
    Processing and distribution in commerce for use as an adhesive and sealant until four years after January 6, 2025;
    Processing and distribution in commerce for use in specialized engine filters for locomotive and marine applications;
    Processing for recycling and distribution in commerce for the recycling of PIP (3:1) containing plastic that has no new PIP (3:1) added during the recycling process;
    Processing and distribution in commerce of articles and products made from recycled PIP (3:1) containing plastic that has no new PIP (3:1) added during the recycling process or to the articles and products made from the recycled plastic; and
    Processing and distribution in commerce of PIP (3:1) for use in articles and PIP (3:1)-containing articles after October 31, 2024.

Companies identified with these uses of PIP (3:1), and thus most likely affected by the paperwork requirements for PIP (3:1) are associated with the North American Industrial Classification System codes associated with the following industries:

    Petroleum Refineries (NAICS Code 324110);
    Petroleum Lubricating Oil and Grease Manufacturing (NAICS Code 324191);
    All Other Basic Organic Chemical Manufacturing (NAICS Code 325199);
    Plastics Material and Resin Manufacturing (NAICS Code 325211):
    Adhesive Manufacturing (NAICS Code 325520);
    Polish and Other Sanitation Good Manufacturing (NAICS Code 325612);
    All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS Code 325998);
    Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing (NAICS Code 333415);
    Other Communications Equipment Manufacturing (NAICS Code 334290);
    Automobile Manufacturing (NAICS Code 336111);
    Other Motor Vehicle Parts Manufacturing (NAICS Code 336390);
    Automobile and Other Motor Vehicle Merchant Wholesalers (NAICS Code 423110);
    Other Chemical and Allied Products Merchant Wholesalers (NAICS Code 424690); and
    New Car Dealers (NAICS Code 441110).

Estimated Number of Potential Respondents

In the economic analysis for the final rule (Docket ID No. EPA-HQ-OPPT-2019-0080), EPA developed estimates for number of affected manufacturers (including importers), processors, and distributors, based on EPA's Public 2016 Chemical Data Reporting (CDR) data (EPA 2017) and EPA's 2017 Toxics Release Inventory Program dataset (EPA 2018). EPA estimated that 33 respondents were subject to any of the paperwork requirements of the final rule for PIP (3:1); 30 of these respondents were subject to the recordkeeping and downstream notification requirements. Based on the activities that have since become prohibited based on different compliance dates, EPA now estimates that 29 of these respondents continue to be subject to the paperwork requirements of the final rule for PIP (3:1).

Information Collection Activities
   Activities and Data Items

 Rule Familiarization

      Each manufacturer (including importers), processor, and distributor of PIP (3:1) and PIP (3:1)-containing products or articles will read the regulations to become familiar with the requirements and to develop an understanding of what actions are necessary to comply with the downstream notification and recordkeeping requirements. EPA conservatively assumes that this is an annually recurring cost, to account for staff turnover and other changes at the company which may require a regularly updated understanding of rule requirements.

 Downstream Notification

Each manufacturer (including importers), processor, and distributor of PIP (3:1) and PIP (3:1)-containing products is required to notify their customers of prohibition(s) on processing, distribution, and releases. EPA anticipates that downstream notification is accomplished through an annotation to already existing chemical SDSs that each manufacturer, distributor, or importer provides to downstream users under the Hazard Communication Standard (HCS) (29 CFR § 1910.1200). Therefore, the amendment of the SDS is expected to be a one-time activity, and the paperwork burden is estimated as such. That is, once an SDS is annotated, the action would not need to be repeated.
The burden was estimated to occur during the first year after the rule's effective date, that is, during the period of the previous ICR. Given the decreased market for PIP (3:1) and availability of alternatives, EPA assumes no new products containing PIP (3:1) will enter the market associated with these uses.

 Recordkeeping

      The rule requires that manufacturers (including importers), processors and distributors of PIP (3:1) and PIP (3:1)-containing products or articles maintain, for a period of three years from the date the record is generated, ordinary business records, such as bills of lading, invoices, or comparable documents related to compliance with this rule. These records must include a statement that the PIP (3:1)-containing products or articles are in compliance with 40 CFR § 751.407(a), and these records must be made available to EPA within 30 calendar days upon request.
      Firms are likely to keep these records as part of their customary business practices. For example, the Internal Revenue Service recommends that firms keep invoices in order to document their assets, expenses, gross receipts, and purchases (U.S. Internal Revenue Service 2015). The required statement need not be included on every business record, such as every invoice or bill of lading, although regulated entities may choose to reformat their documents to include the statement. Importers of replacement automobile parts that contain PIP (3:1) who, for example, import from the same suppliers over and over, need only to have a single statement for each part or each supplier. EPA assumes that it will take approximately one hour of technical time for each affected company to develop the language for the statement and to insert this statement into the record development and keeping process that is currently in place (for example, to reformat documents). EPA assumes this process will only be incurred once per company, during the first year of the rule analysis period. To develop an estimate of average annual burden across the time period of the ICR, EPA divided the burden per response equally across the three years. Therefore, average burden per respondent for each year is calculated as 1 hour/3 years = 0.33 hours/year.

Estimated Annual IC Burden and Cost

EPA estimates that paperwork burden associated with rule requirements for PIP (3:1) is about 25 hours per year, as shown in Table 5-3.

                     Table 5-3: IC Estimates for PIP (3:1)
IC Calculation:
                            EPA's Estimates: [a]
1.  Responses:
Total Number of Respondents
                                                                             29
Number of Responses (chemicals) per Respondent
                                                                            1.0
Time Period for Each Response
                                                                    On occasion
Annual Frequency (times per year, per respondent)
                                                                            1.0
Annual Number of Responses[b]
                                                                             29
2.  Burden Hours:
Activities
                               Hour per Response
                              Annual Hour Burden
Reporting (proxy for rule familiarization)
                                                                           0.50
                                                                          14.50
Recordkeeping
                                                                           0.33
                                                                           9.57
Third-party Disclosure (downstream notification)
                                                                           0.00
                                                                           0.00
Total Burden Hours:
                                                                           0.83
                                                                          24.07
3.  Capital and O&M Costs (this does NOT include labor costs):
                                  Activities
                               Cost per Response
                                  Annual Cost
Reporting
                                                                         $0.00
                                                                         $0.00
Recordkeeping
                                                                         $0.00
                                                                         $0.00
Third-party Disclosure
                                                                         $0.00
                                                                         $0.00
Total Capital and O&M Costs:
                                                                         $0.00
                                                                         $0.00
4.  Annual Responses and Burdens:
                                 Annual Totals
                                Total Requested
Annual Responses
                                                                             29
Annual Hour Burden (rounded to nearest hour)
                                                                             25
Annual Cost (Non-Labor)
                                                                             $0
[a] Based on details provided in the Tables presented earlier in this section.
[b] This number is used as a multiplier to calculate the Annual Burden hours and costs.

Information Collection (IC) for 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 732-26-3)
Respondents
   NAICS Codes

The North American Industrial Classification System codes associated with industries most likely affected by the paperwork requirements for 2,4,6-TTBP are:
 Petroleum Refineries (NAICS Code: 324110);
 Petrochemical manufacturing (NAICS Code: 325110);
 All Other Basic Organic Chemical Manufacturing (NAICS Code: 325199);
 Polish and Other Sanitation Good Manufacturing (NAICS Code: 325612);
 All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS Code: 325998);
 Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing (NAICS Code: 333112);
 Aircraft Manufacturing (NAICS Code: 336411);
 Motor Vehicle Supplies and New Parts Merchant Wholesalers (NAICS Code: 423120);
 Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals) (NAICS Code: 424720); and
 Farm Supplies Merchant Wholesalers (NAICS Code: 424910).

Estimated Number of Potential Respondents

EPA developed estimates for number of affected manufacturers (including importers), processors, and distributors, based on EPA's Public 2016 Chemical Data Reporting (CDR) data (EPA 2017) and EPA's 2017 Toxics Release Inventory Program dataset (EPA 2018). EPA estimates that 10 respondents will be subject to the paperwork requirements of the final rule for 2,4,6-TTBP. Details about this estimation can be found in the economic analysis for the final rule (Docket ID No. EPA-HQ-OPPT-2019-0080).

Information Collection Activities
   Activities and Data Items

 Rule Familiarization

      Each manufacturer (including importers), processor, and distributor of 2,4,6-TTBP and 2,4,6-TTBP-containing products will read the regulations to become familiar with the requirements and to develop an understanding of what actions are necessary to comply with the downstream notification and recordkeeping requirements. EPA conservatively assumes that this is an annually recurring cost, to account for staff turnover and other changes at the company which may require a regularly updated understanding of rule requirements.

 Recordkeeping

      The rule requires that distributors of 2,4,6-TTBP and 2,4,6-TTBP-containing products obtain and retain, for a period of three years from the date the record is generated, ordinary business records, such as bills of lading, invoices, or comparable documents related to compliance with this rule.
      Firms are likely to keep these records as part of their customary business practices. For example, the Internal Revenue Service recommends that firms keep invoices in order to document their assets, expenses, gross receipts, and purchases (U.S. Internal Revenue Service 2015). Therefore, the recordkeeping requirements are not assumed to impose any additional burden on these firms.

   Estimated Annual IC Burden and Cost

EPA estimates that paperwork burden associated with rule requirements for 2,4,6-TTBP is about 5 hours per year, as shown in Table 5-4.

                    Table 5-4: IC Estimates for 2,4,6-TTBP
IC Calculation:
                             EPA's Estimates: a
1.  Responses:
Total Number of Respondents
                                                                             10
Number of Responses (chemicals) per Respondent
                                                                            1.0
Time Period for Each Response
                                                                    On occasion
Annual Frequency (times per year, per respondent)
                                                                            1.0
Annual Number of Responses
                                                                             10
2.  Burden Hours:
Activities
                               Hour per Response
                              Annual Hour Burden
Reporting (proxy for rule familiarization)
                                                                          0.500
                                                                          5.000
Recordkeeping
                                                                          0.000
                                                                          0.000
Third-party Disclosure
                                                                          0.000
                                                                          0.000
Total Burden Hours:
                                                                          0.500
                                                                          5.000
3.  Capital and O&M Costs (this does NOT include labor costs):
Activities
                               Cost per Response
                                  Annual Cost
Reporting
                                                                          $0.00
                                                                          $0.00
Recordkeeping
                                                                          $0.00
                                                                          $0.00
Third-party Disclosure
                                                                          $0.00
                                                                          $0.00
Total Capital and O&M Costs:
                                                                          $0.00
                                                                          $0.00
4.  Annual Responses and Burdens:
                                 Annual Totals
                                Total Requested
Annual Responses
                                                                             10
Annual Hour Burden (rounded to nearest hour)
                                                                              5
Annual Cost (Non-Labor)
                                                                             $0
[a] Based on details provided in the Tables presented earlier in this section.
[b] This number is used as a multiplier to calculate the Annual Burden hours and costs.

Information Collection (IC) for Pentachlorothiophenol (PCTP) (CASRN 133-49-3)
Respondents
   NAICS Codes

The North American Industrial Classification System codes associated with industries most likely affected by the paperwork requirements for PCTP are:
 Sporting and Athletic Goods Manufacturing (NAICS Code 339920);
 Sporting and Recreational Goods and Supplies Merchant Wholesale (NAICS Code 423910);
 Sporting Goods Stores (NAICS Code 451110); and
 All Other Rubber Product Manufacturing (NAICS Code 326299).

Estimated Number of Potential Respondents

EPA developed estimates for number of affected manufacturers (including importers), processors, and distributors, based on EPA's Public 2016 Chemical Data Reporting (CDR) data (EPA 2017) and EPA's 2017 Toxics Release Inventory Program dataset (EPA 2018). EPA estimates that five respondents will be subject to the paperwork requirements of the final rule for PCTP. Details about this estimation can be found in the economic analysis for the final rule (Docket ID No. EPA-HQ-OPPT-2019-0080).

Information Collection Activities
   Activities and Data Items

 Rule Familiarization

      Each manufacturer (including importers), processor, and distributor of PCTP and PCTP-containing products or articles will read the regulations to become familiar with the requirements and to develop an understanding of what actions are necessary to comply with the downstream notification and recordkeeping requirements. EPA conservatively assumes that this is an annually recurring cost, to account for staff turnover and other changes at the company which may require a regularly updated understanding of rule requirements.

 Recordkeeping

      The rule requires that manufacturers (including importers), processors and distributors of PCTP and PCTP-containing products or articles not excepted by the rule must maintain, for a period of three years from the date the record is generated, ordinary business records, such as bills of lading, invoices, or comparable documents related to compliance with this rule.
      Firms are likely to keep these records as part of their customary business practices. For example, the Internal Revenue Service recommends that firms keep invoices in order to document their assets, expenses, gross receipts, and purchases (U.S. Internal Revenue Service 2015) .

   Estimated Annual IC Burden and Cost

EPA estimates that paperwork burden associated with rule requirements for PCTP is about 3 hours per year, as shown in Table 5-5.

                       Table 5-5: IC Estimates for PCTP
IC Calculation:
                            EPA's Estimates: [a]
1.  Responses:
Total Number of Respondents
                                                                              5
Number of Responses (chemicals) per Respondent
                                                                            1.0
Time Period for Each Response
                                                                    On occasion
Annual Frequency (times per year, per respondent)
                                                                            1.0
Annual Number of Responses
                                                                              5
2.  Burden Hours:
Activities
                               Hour per Response
                              Annual Hour Burden
Reporting (proxy for rule familiarization)
                                                                          0.500
                                                                          2.500
Recordkeeping
                                                                          0.000
                                                                          0.000
Third-party Disclosure
                                                                          0.000
                                                                          0.000
Total Burden Hours:
                                                                          0.500
                                                                          2.500
3.  Capital and O&M Costs (this does NOT include labor costs):
                                  Activities
                               Cost per Response
                                  Annual Cost
Reporting
                                                                          $0.00
                                                                          $0.00
Recordkeeping
                                                                          $0.00
                                                                          $0.00
Third-party Disclosure
                                                                          $0.00
                                                                          $0.00
Total Capital and O&M Costs:
                                                                          $0.00
                                                                          $0.00
4.  Annual Responses and Burdens:
                                 Annual Totals
                                Total Requested
Annual Responses
                                                                              5
Annual Hour Burden (rounded to nearest hour)
                                                                              3
Annual Cost (Non-Labor)
                                                                             $0
[a] Based on details provided in the Tables presented earlier in this section.
[b] This number is used as a multiplier to calculate the Annual Burden hours and costs.

Information Collection (IC) for Hexachlorobutadiene (HCBD) (CASRN 87-68-3)
Respondents
   NAICS Codes

The North American Industrial Classification System codes associated with industries most likely affected by the paperwork requirements for HCBD are:
 Crude Petroleum Extraction (NAICS Code 211120);
 Other Basic Inorganic Chemical Manufacturing (NAICS Code 325180);
 All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS Code 325998);
 Cement Manufacturing (NAICS Code 327310);
 Other Chemical and Allied Products Merchant Wholesalers (NAICS Code 424690);
 Facilities Support Services (NAICS Code 561210); and
 Hazardous Waste Collection (NAICS Code 562112).

Estimated Number of Potential Respondents

EPA developed estimates for number of affected manufacturers (including importers), processors, and distributors, based on EPA's Public 2016 Chemical Data Reporting (CDR) data (EPA 2017) and EPA's 2017 Toxics Release Inventory Program dataset (EPA 2018). EPA estimated that nine respondents are subject to the paperwork requirements of the final rule for HCBD. Details about this estimation can be found in the economic analysis for the final rule (Docket ID No. EPA-HQ-OPPT-2019-0080).

Information Collection Activities
   Activities and Data Items

 Rule Familiarization

      Each manufacturer (including importers), processor, and distributor of HCBD and HCBD-containing products or articles will read the regulations to become familiar with the requirements and to develop an understanding of what actions are necessary to comply with the downstream notification and recordkeeping requirements.

 Recordkeeping

      The rules requires that manufacturers (including importers), processors and distributors of HCBD and HCBD-containing products or articles not excepted by the rule will maintain, for a period of three years from the date the record is generated, ordinary business records, such as bills of lading, invoices, or comparable documents related to compliance with this rule.
      Firms are likely to keep these records as part of their customary business practices. For example, the Internal Revenue Service recommends that firms keep invoices in order to document their assets, expenses, gross receipts, and purchases (U.S. Internal Revenue Service 2015).

   Estimated Annual IC Burden and Cost

EPA estimates that paperwork burden associated with rule requirements for HCBD is about 5 hours per year, as shown in Table 5-6.

                       Table 5-6: IC Estimates for HCBD
IC Calculation:
                            EPA's Estimates: [a]
1.  Responses:
Total Number of Respondents
                                                                              9
Number of Responses (chemicals) per Respondent
                                                                            1.0
Time Period for Each Response
                                                                    On occasion
Annual Frequency (times per year, per respondent)
                                                                            1.0
Annual Number of Responses[b]
                                                                              9
2.  Burden Hours:
Activities
                               Hour per Response
                              Annual Hour Burden
Reporting (proxy for rule familiarization)
                                                                          0.500
                                                                          4.500
Recordkeeping
                                                                          0.000
                                                                          0.000
Third-party Disclosure
                                                                          0.000
                                                                          0.000
Total Burden Hours:
                                                                          0.500
                                                                          4.500
3.  Capital and O&M Costs (this does NOT include labor costs):
                                  Activities
                               Cost per Response
                                  Annual Cost
Reporting
                                                                          $0.00
                                                                          $0.00
Recordkeeping
                                                                          $0.00
                                                                          $0.00
Third-party Disclosure
                                                                          $0.00
                                                                          $0.00
Total Capital and O&M Costs:
                                                                          $0.00
                                                                          $0.00
4.  Annual Responses and Burdens:
                                 Annual Totals
                                Total Requested
Annual Responses
                                                                              9
Annual Hour Burden (rounded to nearest hour)
                                                                              5
Annual Cost (Non-Labor)
                                                                             $0
[a] Based on details provided in the Tables presented earlier in this section.
[b] This number is used as a multiplier to calculate the Annual Burden hours and costs.

13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information.
 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
 If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
 Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
There are no operational and/or maintenance costs.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.
There will be no agency collection activities under the five rules. There will only be third-party notification and recordkeeping requirements.

EPA will not receive or process any information as a result of the collection. Therefore, EPA estimates that it costs the Agency approximately $0 to carry out the activities associated with the information collection activities covered by this ICR.

15. Explain the reasons for any program changes or adjustments reported on the burden worksheet.
There is a decrease of 33 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects EPA's updating of burden estimates for these chemicals under the rule. This change is an adjustment. It results from the fact that some firms are no longer expected to incur recordkeeping and downstream notification costs since they are prohibited from using the chemical during the period this ICR covers.

16. For collections whose results will be published, outline the plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
This question is not applicable to this ICR.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.
This question is not applicable to this ICR.

18. Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."
EPA does not request an exception to the certification of this information collection.

PRA Burden Statement
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-0213). Responses to this collection of information are mandatory for certain persons, as specified at 40 CFR § 751.401-413. 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 55 hours per year (17 hours for decaBDE, 25 hours for PIP (3:1), 5 hours for 2,4,6-TTBP, 3 hours for PCTP, and 5 hours for HCBD). 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 Regulatory Support 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.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OPPT-2023-0105, which is available at https://www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above.

REFERENCES
Rice, C. (2002). Wage Rates for Economic Analysis of the Toxics Release Inventory Program. In Office of Environmental Information: U.S. Environmental Protection Agency (Ed.).
U.S. Bureau of Labor Statistics (BLS). (2018). Employer Costs for Employee Compensation Supplementary Tables, September 2018.
U.S. Environmental Protection Agency (EPA). (2017). 2016 Non-confidential Chemical Reporting Data (CDR) Database.
U.S. Environmental Protection Agency (EPA). (2018). Toxics Release Inventory (TRI) Basic Plus Data Files: Calendar Years 1987 - 2017.
U.S. Internal Revenue Service. (2015). Starting a Business and Keeping Records.

LIST OF ATTACHMENTS
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through https://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2023-0105.

Attachment
Description
                                       1
TSCA Section 6
                                       2
Placeholder  -  Consultation


[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Rules and Regulations]
[Pages 11413-11415]
[FR Doc No: 2019-05819]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0168]
RIN 1625-AA08

Special Local Regulation; Monongahela, Allegheny, and Ohio
Rivers, Pittsburgh Pennsylvania

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local
regulation for parts of the navigable waters of the Allegheny,
Monongahela, and Ohio Rivers. This action is necessary to ensure safety
of life on these navigable waters during the weekend of the Garth
Brooks concert at Heinz Field. Persons and vessels are prohibited from
loitering, anchoring, stopping, mooring, remaining, or drifting in any
manner that impedes safe passage of another vessel to any launching
ramp, marina, or fleeting area unless authorized by the Captain of the
Port Marine Safety Unit Pittsburgh or a designated representative. In
addition, persons and vessels are prohibited from loitering, anchoring,
stopping, or drifting more than 100 feet from any riverbank unless
authorized by the Captain of the Port Marine Safety Unit Pittsburgh or
a designated representative.

DATES: This rule is effective from 4 p.m. on May 17, 2019 through 3
p.m. on May 19, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0168 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Haggins, Marine Safety Unit
Pittsburgh Waterways Division, U.S. Coast Guard; telephone 412-221-
0807, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 12, 2019, Heinz Field notified the Coast Guard that it
would be holding a concert from 5 p.m. to 11 p.m. on May 18, 2019.
Heinz Field is located in close proximity to the banks of the Ohio and
Allegheny Rivers, which are high vessel traffic areas used by both
commercial and recreational vessels. Due to the proximity of Heinz
Field to these waterways, it will be a destination for many
recreational vessels to anchor and loiter throughout the concert
weekend of May 17, 2019 to May 19, 2019.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety concerns and
hazards that could occur in this area during the concert.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041(a). The COTP has determined that this special local regulation is
necessary to maintain an open navigation channel and ensure the safety
of vessels on these navigable waters during the concert weekend. Risk
of collisions near Heinz Field is a safety concern for any vessel
loitering, anchoring, stopping, or drifting more than 100 feet from a
riverbank or in a manner that impedes the passage of another vessel to
any launching ramp, marina, or fleeting area. The purpose of this
rulemaking is to ensure the safety of vessels on the navigable waters
adjacent to Heinz Field along the Allegheny, Monongahela, and Ohio
Rivers before, during, and after the Garth Brooks concert weekend.

IV. Discussion of Comments, Changes, and the Rule

    This rule establishes a special local regulation from 4 p.m. on May
17, 2019 through 3 p.m. on May 19, 2019. The special local regulation
will cover all navigable waters of the Allegheny, Monongahela, and Ohio
Rivers between the Ninth Street Highway Bridge at mile marker (MM) 0.8,
Allegheny River, Fort Pitt Highway Bridge at MM 0.22, Monongahela
River, and West End-North Side Highway Bridge at MM 0.8, Ohio River.
The duration of the zone is intended to ensure the safety of vessels on
these navigable waters. This special local regulation applies to any
vessel operating within the area, including a naval or public vessel,
except a vessel engaged in law enforcement, servicing aids to
navigation, or surveying, maintaining, or improving waters within the
regulated area. No vessel is permitted to loiter, anchor, stop, moor,
remain or drift in any manner that impedes safe passage of another
vessel to any launching ramp, marina, or fleeting area unless
authorized by the COTP or a designated representative. In addition, no
vessel or person is permitted to loiter, anchor, stop, remain, or drift
more than 100 feet from any riverbank unless authorized by the COTP or
a designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Marine Safety
Unit Pittsburgh. They may be contacted on VHF-FM Channel 16. Persons
and vessels permitted to enter this regulated area must transit at
their slowest safe speed and comply with all lawful directions issued
by the COTP or the designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated as a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, this rule has not been reviewed by the Office
of Management and Budget (OMB), and pursuant to OMB guidance it is
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and
location of the special local regulation. The special local regulation
will impact a small section of the Allegheny, Monongahela, and Ohio
Rivers, less than three total miles. Moreover, the special local
regulation will not stop vessels from transiting the area, it will only
establish certain areas where vessels are prohibited from loitering,
anchoring, stopping, or drifting.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a

special local regulation covering less than 3 miles and lasting
approximately 3 days. It will prohibit persons and vessels from
loitering, anchoring, stopping, or drifting more than 100 feet from any
riverbank or act in a manner that impedes the passage of another vessel
to any launching ramp, marina, or fleeting area. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T08-0168 to read as follows:

Sec.  100.T08-0168   Special Local Regulation; Monongahela, Allegheny,
and Ohio Rivers, Pittsburgh, PA.

    (a) Location. The following is a special local regulation for all
navigable waters of the Allegheny, Monongahela, and Ohio Rivers between
the Ninth Street Highway Bridge at mile marker (MM) 0.8, Allegheny
River, Fort Pitt Highway Bridge at MM 0.22, Monongahela River, and West
End-North Side Highway Bridge at MM 0.8, Ohio River.
    (b) Applicability. This section applies to any vessel operating
within the area, including a naval or public vessel, except a vessel
engaged in:
    (1) Law enforcement;
    (2) Servicing aids to navigation; or
    (3) Surveying, maintaining, or improving waters within the
regulated area.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  100.801, no vessel shall loiter, anchor, stop, moor, remain,
drift, or act in any manner as to impede safe passage of another vessel
to any launching ramp, marina, or fleeting area unless authorized by
the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a
designated representative.
    (2) No vessel shall loiter, anchor, stop, moor, remain or drift at
any time more than 100 feet from any riverbank within the regulated
area unless authorized by the COTP or a designated representative.
    (3) A designated representative is a commissioned, warrant, or
petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Marine Safety Unit Pittsburgh. They may be
contacted on VHF-FM Channel 16.
    (4) Persons and vessels permitted to enter the regulated area must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (d) Effective period. This section will be effective from 4 p.m. on
May 17, 2019 through 3 p.m. on May 19, 2019.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
special local regulation as well as any changes in the dates and times
of enforcement through Local Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins
(MSIBs) as appropriate.

    Dated: March 21, 2019.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2019-05819 Filed 3-26-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Page 41465]
[FR Doc No: 2021-16424]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD20-11-000]

Extension of Non-Statutory Deadlines; Supplemental Notice Waiving
Regulations

    On May 8, 2020, in response to emergency conditions caused by Novel
Coronavirus Disease (COVID-19), the Secretary waived through September
1, 2020, the Commission's regulations that require that filings with
the Commission be notarized or supported by sworn declarations.\1\ On
January 22, 2021, the Secretary extended this waiver through July 30,
2021.\2\
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    \1\ See, e.g., 18 CFR 45.7 (2020) (requiring application for
authority to hold interlocking positions to be verified under oath).
    \2\ Supplemental Notice Waiving Regulations, Extension of Non-
Statutory Deadlines, Docket No. AD20-11-000 (Jan. 22, 2021) (January
2021 Notice).
---------------------------------------------------------------------------

    The National Emergency continues.\3\ However, companies and
individuals are returning to their workplaces or are determining how to
permit a safe return to their workplaces in the coming months.
Therefore, there is good cause to extend through and including January
1, 2022, waiver of the Commission's regulations that require that
filings with the Commission be notarized or supported by sworn
declarations as provided in the January 2021 Notice.\4\
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    \3\ A Letter on the Continuation of the National Emergency
Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic (Feb.
24, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/02/24/a-letter-on-the-continuation-of-the-national-emergency-concerning-the-coronavirus-disease-2019-covid-19-pandemic/.
    \4\ The Commission concurrently is issuing an order in Docket
No. EL20-37-000 granting blanket waiver of requirements to hold
meetings in person and/or to provide or obtain notarized documents
in open access transmission tariffs and other Commission-
jurisdictional agreements through and including January 1, 2022.

     Dated: July 26, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-16424 Filed 7-30-21; 8:45 am]
BILLING CODE 6717-01-P