SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), EPA specifically solicits comments and information to enable it 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 estimates 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. In particular, EPA is requesting comments from very small businesses (those that employ fewer than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply to?

Title: Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h).

EPA ICR No.: 2599.04.

OMB Control No.: 2070-0213.

ICR Status: This ICR is currently approved through April 30, 2027. Under the PRA, 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 in title 40 of the Code of Federal Regulations (CFR), after appearing in the Federal Register when approved, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

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) (Ref. 1) regarding prohibitions and restrictions on the following five persistent, bioaccumulative, and toxic (PBT) chemical substances: decabromodiphenyl ether (decaBDE) (Chemical Abstract Services Registry 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). On November 19, 2024, the EPA finalized revisions to the regulations for decaBDE and PIP (3:1) ( printed page 57594) (89 FR 91486) (FRL-9145-02-OCSPP)). A summary of the provisions of the regulations for these PBTs is provided in the appendix. This Information Collection Request (ICR) consolidates this ICR (EPA ICR No.2599.04; OMB Control No. 2070-0213) with the rule-related ICR titled “Decabromodiphenyl Ehter and Phenol, Isopropylated Phosphae (3:1); Revision to the Regulation of PBT Chemicals under TSCA (Final Rule)”(EPA ICR No. 2779.02; OMB Control No. 2070-0230). This ICR includes the total burden for all five chemicals along with adjustments to the burden estimates resulting from the November 2024 rule. Following approval of this ICR, the rule-related ICR will be discontinued.

The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized here:

Form number(s): None.

Respondents/affected entities: Entities potentially affected by this ICR include those that manufacture, process, distribute in commerce or use decabromodiphenyl ether (decaBDE), phenol, isopropylated phosphate (3:1) (PIP (3:1)), 2, 4, 6-tris(tert-butyl)phenol (2,4,6-TTBP), pentachlorothiophenol (PCTP), hexachlorobutadiene (HCBD), or products or articles containing these chemicals. North American Industry Classification System (NAICS) codes identified in question 12 of the ICR.

Respondent's obligation to respond: Mandatory per 40 CFR 751.

Estimated number of potential respondents: 26,829.

Frequency of response: On occasion.

Total estimated average number of responses for each respondent: 1.

Total estimated burden: 42,309 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated costs: $3,874,143 (per year), includes $0 annualized capital investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

There is an increase of 42,255 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This change, which is discussed in more detail in the ICR, reflects the consolidation of the ICR for the 2024 final rule for decaBDE and PIP (3:1) (EPA ICR No. 2779.02; OMB Control No. 2070-0230) with this ICR (EPA ICR No.2599.04; OMB Control No. 2070-0213). This therefore combines the 42,301 burden hours from the previously approved 2024 final rule ICR (EPA ICR No. 2779.02; OMB Control No. 2070-0230) with the 54 burden hours of the currently approved ICR (EPA ICR No.2599.04; OMB Control No. 2070-0213). The baseline burden estimate is from the currently approved ICR, with adjustments to the burden estimates, including changes in the number of respondents and the number of responses provided by those respondents, to capture changes and updates from the final rule related ICR (OMB Control No. 2070-0230). This change is an adjustment.

IV. What is the next step in the process for this ICR?

EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT .

Authority:44 U.S.C. 3501 et seq.

91 FR 57593