Export of Toxic Chemicals; Agency Information Collection Activities

Electronic Availability:

Internet

Electronic copies of the ICR are available from the EPA Home Page at the Federal Register - Environmental Documents entry for this document under ``Laws and Regulations'' (www.epa.gov/fedrgstr/).

Fax-on-Demand

Using a faxphone call 202-401-0527 and select item 4065 for a copy of the ICR.

I. Background

Affected entities: Entities potentially affected by this action are those companies that export or engage in wholesale sales of chemical substances or mixtures. For each collection of information addressed in this notice, EPA would like to solicit comments to: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility. 2. Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used. 3. Enhance the quality, utility, and clarity of the information to be collected. 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

II. Information Collection

EPA is seeking comments on the following ICR as well as the Agency's intention to renew the corresponding OMB approvals. Title: TSCA Section 12(b) Notification of Chemical Exports. ICR numbers: EPA ICR No. 0795.10, OMB No. 2070-0030. Approval expiration date: April 30, 1999. Abstract: Section 12(b)(2) of the Toxic Substances Control Act (TSCA) requires that any person who exports or intends to export to a foreign country a chemical substance or mixture that is regulated under TSCA sections 4, 5, 6 and/or 7 submit to EPA notification of such export or intent to export. Upon receipt of notification, EPA will advise the government of the importing country of the U.S. regulatory action with respect to that substance. EPA uses the information obtained from the submitter via this collection to advise the government of the importing country. Responses to the collection of information are mandatory (see 40 CFR part 707, subpart D). Respondents may claim all or part of a notice confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2. Potential future EPA actions affecting this information collection: The purpose of this section is to identify EPA actions that are anticipated to occur during the collection period that could affect the information requirements and burden. The Agency will follow appropriate procedures for modifying the TSCA section 12(b) Notification of Chemical Exports ICR to account for the impacts of these actions at such time that they actually occur. On October 9, 1998, EPA announced the High Production Volume Chemical (HPV) Challenge Program. The HPV Program is a key element of the Chemical Right-to-Know (ChemRTK) initiative announced by Vice President Gore and EPA Administrator Browner on the eve of Earth Day 1998. The Chem-RTK initiative challenges government, industry and the environmental community to develop aggressive strategies that will rapidly fill the gaps in our understanding about the potential health and environmental effects associated with chemicals used widely in our communities and make this information easily accessible to the public. The HPV Challenge Program is a major new voluntary chemical testing effort created to ensure that a complete set of baseline health and environmental effects screening data on thousands of HPV industrial chemicals is made available to the public. EPA in partnership with industry and environmental groups have outlined an approach for compiling the basic information for 2,800 HPV chemicals. HPV chemicals are defined as those that are manufactured in, or imported into, the United States in amounts exceeding 1 million pounds per year. For those chemicals not selected by companies for voluntary testing, EPA will require the testing by law, using the testing authorities contained in section 4 of TSCA. EPA will issue a final rule requiring the testing no later than December 1999. At the time of the writing of this ICR, EPA is developing

options for a proposed rulemaking expected to be published during the second quarter of FY 1999. This includes determining which chemicals and the number of chemicals potentially affected by these rulemaking requirements. The chemicals included in the proposed and final rulemaking will be subject to section 12(b) export notification requirements. EPA anticipates that this will result in an increase of the information collection burden for section 12(b). The calculation for the increased burden will likely be a straightforward multiplication of number of chemicals not currently subject to section 12(b) requirements by the average number of hours and associated cost. EPA's Office of Pollution Prevention and Toxics (OPPT) has been working with industry representatives exploring opportunities for electronic submission of data to the Agency. One pilot includes electronic submission of section 12(b) export notifications. OPPT has recently developed a new database for accepting electronic submissions under section 12(b). The new database incorporates new web and public key infrastructure (PKI) technology that will allow for submissions via the Internet. The new database is currently undergoing beta testing and EPA anticipates it will be available for implementation later this calendar year. OPPT hopes to announce the details regarding its ability to accept electronic section 12(b) submissions in a subsequent Federal Register notice sometime later in FY 1999. EPA expects electronic submission will result in an overall reduction of the information collection burden for section 12(b) export notification. Burden statement: The burden to respondents for complying with this ICR is estimated to total 6,200 hours per year with an annual cost of $257,470. These totals are based on an average burden of approximately 0.564 hours per response for an estimated 350 respondents making one or more responses annually. These estimates include the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

III. Public Record and Electronic Submissions

The official record for this document, as well as the public version, has been established for this document under docket control number ``OPPTS-00261'' (including comments and data submitted electronically as described below). A public version of this record, including printed, paper versions of electronic comments, which does not include any information claimed as CBI, is available for inspection from 12 noon to 4 p.m., Monday through Friday, excluding legal holidays. The official record is located in the TSCA Nonconfidential Information Center, Rm. NE-B607, 401 M St., SW., Washington, DC. Electronic comments can be sent directly to EPA at: oppt.ncic@epa.gov

Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comments and data will also be accepted on disks in WordPerfect 5.1/6.1 or ASCII file format. All comments and data in electronic form addressing ICR No. 0795.10 must be identified by docket control number ``OPPTS-00261'' and administrative record number 205. Electronic comments on this document may be filed online at many Federal Depository Libraries.

List of Subjects

Environmental protection, Information collection requests, Reporting and recordkeeping requirements.

Dated: January 5, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic Substances.

[FR Doc. 99-895 Filed 1-13-99; 8:45 am] BILLING CODE 6560-50-F