TSCA Section 5(a)(2) Significant New Use Rules for Existing Chemicals; Request for Comment on Renewal of Information Collection Activities, 14674-14677 [05-5616]
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Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Notices
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER05–428–000]
New York Independent System
Operator, Inc.; Notice of Agenda for
Staff Technical Conference
March 17, 2005.
As announced in a Notice of
Technical Conference issued on March
10, 2005, in the above-captioned
proceeding, the Commission’s staff will
conduct a technical conference to be
held on Monday, March 21, 2005, at 10
a.m. (EST) and, if necessary, on
Tuesday, March 22, 2005, at the Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426.
The March 21, 2005 conference will be
held in the Commission Meeting Room.
Attached is the agenda for the
conference.
We will accept written statements
from speakers at the conference that
may wish to supplement their oral
statements, or from any other party
attending the conference.
Magalie R. Salas,
Secretary.
Attachment
Agenda for Technical Conference on
Parameters for NYISO’s Installed
Capacity Requirement Demand Curve
March 21, 2005—Agenda
Opening Statements
Panel 1: Costs of Peakers
Panelists:
Belinda Thornton, NYISO
John Charlton, NYISO
Seth Parker, Levitan Associates
Ray Kinney, NYSEG
Norman Mah, Consolidated Edison
Jonathan Wallach, City of New York
Jeff Hogan, New York State
Department of Public Service
Æ Michael B. Mager, Multiple
Intervenors
Æ Glenn D. Haake, IPPNY
Æ Mark Younger, IPPNY
(addressing the following specific
issues):
1. Accuracy/Appropriateness of Peaking
Unit Characteristics
• Are the operating characteristics of
the assumed peaking units (the 7FA and
LM6000) used by Levitan reasonable? If
not, what are reasonable operating
characteristics?
• Is the ability of these units to
participate in ancillary services and
day-ahead markets, particularly given
their environmental permits, important
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in determining the parameters of the
demand curve?
2. Peaking Unit Costs
• Are the capital cost assumptions
and financing periods used in the
Levitan analysis reasonable? If not, what
assumptions are reasonable?
3. Local Siting Costs and Constraints
• Should local costs and constraints
be included in development of costs for
a representative peaking unit?
• Are Keyspan-Ravenswood’s points
concerning local siting issues, such as
fixed gas transportation costs and local
property taxes, correct?
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Lunch Break
[FR Doc. E5–1259 Filed 3–22–05; 8:45 am]
Panel 2: Revenue Offset
Panelists:
Æ David Patton, Ph.D., Potomac
Economics
Æ Seth Parker, Levitan Associates
Æ Ray Kinney, NYSEG
Æ Norman Mah, Consolidated Edison
Æ Jonathan Wallach, City of New York
Æ Mark Reeder, New York State
Department of Public Service
Æ Mark Younger, IPPNY
Æ Doreen Unis Saia, Mirant
Æ Madison Milhous, KeySpan Energy
Supply
Æ Ron Norman, PA Consulting Group
(addressing the following specific
issues):
4. Load Shapes
• Does the 2002 load shape used in
the Levitan analysis represent normal
weather? If not, what load shape does
represent normal weather?
5. Modeling Assumptions
• Is it necessary to reflect recent new
capacity additions in NYCA in the
modeling of future net revenues?
6. Scarcity Component
• Should the NYISO have included
an adjustment for the scarcity
component in their derivation of the
Annual Reference Value, and if so, what
adjustment is reasonable?
• What were the assumptions used to
develop the scarcity component?
• Are the assumptions consistent
with the Levitan analysis?
7. Impact on Demand Curve Parameters
• How do you reflect potential
interdependencies between different
assumptions?
8. Is it reasonable to include an
adjustment reflecting winter and
summer capacity levels in the Annual
Reference Value for NYCA Demand
Curve? Is it reasonable to not include a
similar adjustment for the New York
City Demand Curve?
BILLING CODE 6717–01–P
Panel 3: Zero Crossing Point
Panelists:
Æ David Patton, Ph.D., Potomac
Economics
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Belinda Thornton, NYISO
John Charlton, NYISO
Jonathan Wallach, City of New York
Glenn D. Haake, IPPNY
Thomas Paynter, New York State
Department of Public Service
Æ Kevin Jones LIPA
(addressing the following specific
issue):
9. Should the Zero Crossing Point be
changed? If so, what should be the Zero
Crossing Point, and why?
Adjourn (after deciding whether
additional session on Tuesday, March
22 is needed).
ENVIRONMENTAL PROTECTION
AGENCY
[OPPT–2005–0009; FRL–7701–1]
TSCA Section 5(a)(2) Significant New
Use Rules for Existing Chemicals;
Request for Comment on Renewal of
Information Collection Activities
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA) (44
U.S.C 3501 et seq.) EPA is seeking
public comment on the following
Information Collection Request (ICR):
Toxic Substances Control Act (TSCA)
Section 5(a)(2) Significant New Use
Rules for Existing Chemicals (EPA ICR
No. 1188.08, OMB Control No. 2070–
0038). This ICR involves a collection
activity that is currently approved and
scheduled to expire on January 31,
2006. The information collected under
this ICR relates to the requirement that
persons notify EPA at least 90 days
before they manufacture, import, or
process a chemical substance for a
significant new use, as defined by TSCA
section 5. The ICR describes the nature
of the information collection activity
and its expected burden and costs.
Before submitting this ICR to the Office
of Management and Budget (OMB) for
review and approval under the PRA,
EPA is soliciting comments on specific
aspects of the collection.
DATES: Written comments, identified by
the docket identification (ID) number
OPPT–2005–0009, must be received on
or before June 21, 2005.
ADDRESSES: Comments may be
submitted electronically, by mail, or
through hand delivery/courier. Follow
the detailed instructions as provided in
Unit I. of the SUPPLEMENTARY
INFORMATION.
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For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact:
Carolyn Hill, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8109; fax number:
(202) 564–4775; e-mail address:
hill.carolyn@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are a company that
manufactures, processes, imports, or
distributes in commerce chemical
substances or mixtures. Potentially
affected entities may include, but are
not limited to:
• Chemical manufacturing (NAICS
325), e.g., basic chemical
manufacturing, resin, synthetic rubber
and artificial and synthetic fibers and
filaments manufacturing, pesticide,
fertilizer and other agricultural chemical
manufacturing, paint, coating, and
adhesive manufacturing, soap, cleaning
compound and toilet preparation
manufacturing, etc.
• Petroleum refineries (NAICS
32411), e.g., crude oil refining, diesel
fuels manufacturing, fuel oils
manufacturing, jet fuel manufacturing,
kerosene manufacturing, petroleum
distillation, etc.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
40 CFR 721.5. If you have any questions
regarding the applicability of this action
to a particular entity, consult the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
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B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under docket ID number OPPT–2005–
0009. The official public docket consists
of the documents specifically referenced
in this action, any public comments
received, and other information related
to this action. Although a part of the
official docket, the public docket does
not include Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
The official public docket is the
collection of materials that is available
for public viewing at the EPA Docket
Center, Rm. B102-Reading Room, EPA
West, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket
Center is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The EPA Docket Center
Reading Room telephone number is
(202) 566–1744 and the telephone
number for the OPPT Docket, which is
located in EPA Docket Center, is (202)
566–0280.
2. Electronic access.You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at https://www.epa.gov/edocket/
to submit or view public comments,
access the index listing of the contents
of the official public docket, and to
access those documents in the public
docket that are available electronically.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified in Unit I.B.1. Once in
the system, select ‘‘search,’’ then key in
the appropriate docket ID number.
Certain types of information will not
be placed in the EPA Dockets.
Information claimed as CBI and other
information whose disclosure is
restricted by statute, which is not
included in the official public docket,
will not be available for public viewing
in EPA’s electronic public docket. EPA’s
policy is that copyrighted material will
not be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. To the extent feasible, publicly
available docket materials will be made
available in EPA’s electronic public
docket. When a document is selected
from the index list in EPA Dockets, the
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system will identify whether the
document is available for viewing in
EPA’s electronic public docket.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified in Unit I.B.1. EPA
intends to work towards providing
electronic access to all of the publicly
available docket materials through
EPA’s electronic public docket.
For public commenters, it is
important to note that EPA’s policy is
that public comments, whether
submitted electronically or in paper,
will be made available for public
viewing in EPA’s electronic public
docket as EPA receives them and
without change, unless the comment
contains copyrighted material, CBI, or
other information whose disclosure is
restricted by statute. When EPA
identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
EPA’s electronic public docket. The
entire printed comment, including the
copyrighted material, will be available
in the public docket.
Public comments submitted on
computer disks that are mailed or
delivered to the docket will be
transferred to EPA’s electronic public
docket. Public comments that are
mailed or delivered to the docket will be
scanned and placed in EPA’s electronic
public docket. Where practical, physical
objects will be photographed, and the
photograph will be placed in EPA’s
electronic public docket along with a
brief description written by the docket
staff.
C. How and to Whom Do I Submit the
Comments?
You may submit comments
electronically, by mail, or through hand
delivery/courier. To ensure proper
receipt by EPA, identify the appropriate
docket ID number in the subject line on
the first page of your comment. Please
ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked ‘‘late.’’ EPA is not required to
consider these late comments. If you
wish to submit CBI or information that
is otherwise protected by statute, please
follow the instructions in Unit I.D. Do
not use EPA Dockets or e-mail to submit
CBI or information protected by statute.
1. Electronically. If you submit an
electronic comment as prescribed in this
unit, EPA recommends that you include
your name, mailing address, and an email address or other contact
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information in the body of your
comment. Also include this contact
information on the outside of any disk
or CD ROM you submit, and in any
cover letter accompanying the disk or
CD ROM. This ensures that you can be
identified as the submitter of the
comment and allows EPA to contact you
in case EPA cannot read your comment
due to technical difficulties or needs
further information on the substance of
your comment. EPA’s policy is that EPA
will not edit your comment, and any
identifying or contact information
provided in the body of a comment will
be included as part of the comment that
is placed in the official public docket,
and made available in EPA’s electronic
public docket. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
i. EPA Dockets. Your use of EPA’s
electronic public docket to submit
comments to EPA electronically is
EPA’s preferred method for receiving
comments. Go directly to EPA Dockets
at https://www.epa.gov/edocket/, and
follow the online instructions for
submitting comments. Once in the
system, select ‘‘search,’’ and then key in
docket ID number OPPT–2005–0009.
The system is an ‘‘anonymous access’’
system, which means EPA will not
know your identity, e-mail address, or
other contact information unless you
provide it in the body of your comment.
ii. E-mail. Comments may be sent by
e-mail to oppt.ncic@epa.gov, Attention:
Docket ID Number OPPT–2005–0009. In
contrast to EPA’s electronic public
docket, EPA’s e-mail system is not an
‘‘anonymous access’’ system. If you
send an e-mail comment directly to the
docket without going through EPA’s
electronic public docket, EPA’s e-mail
system automatically captures your email address. E-mail addresses that are
automatically captured by EPA’s e-mail
system are included as part of the
comment that is placed in the official
public docket, and made available in
EPA’s electronic public docket.
iii. Disk or CD ROM. You may submit
comments on a disk or CD ROM that
you mail to the mailing address
identified in Unit I.C.2. These electronic
submissions will be accepted in
WordPerfect or ASCII file format. Avoid
the use of special characters and any
form of encryption.
2. By mail. Send your comments to:
Document Control Office (7407M),
Office of Pollution Prevention and
Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
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3. By hand delivery or courier. Deliver
your comments to: OPPT Document
Control Office (DCO) in EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave., NW.,
Washington, DC. Attention: Docket ID
Number OPPT–2005–0009. The DCO is
open from 8 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930.
D. How Should I Submit CBI to the
Agency?
Do not submit information that you
consider to be CBI electronically
through EPA’s electronic public docket
or by e-mail. You may claim
information that you submit to EPA as
CBI by marking any part or all of that
information as CBI (if you submit CBI
on disk or CD ROM, mark the outside
of the disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
CBI). Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
In addition to one complete version of
the comment that includes any
information claimed as CBI, a copy of
the comment that does not contain the
information claimed as CBI must be
submitted for inclusion in the public
docket and EPA’s electronic public
docket. If you submit the copy that does
not contain CBI on disk or CD ROM,
mark the outside of the disk or CD ROM
clearly that it does not contain CBI.
Information not marked as CBI will be
included in the public docket and EPA’s
electronic public docket without prior
notice. If you have any questions about
CBI or the procedures for claiming CBI,
please consult the technical person
listed under FOR FURTHER INFORMATION
CONTACT.
E. What Should I Consider when I
Prepare My Comments for EPA?
You may find the following
suggestions helpful for preparing your
comments:
1. Explain your views as clearly as
possible.
2. Describe any assumptions that you
used.
3. Provide copies of any technical
information and/or data you used that
support your views.
4. If you estimate potential burden or
costs, explain how you arrived at the
estimate that you provide.
5. Provide specific examples to
illustrate your concerns.
6. Offer alternative ways to improve
the collection activity.
7. Make sure to submit your
comments by the deadline in this
notice.
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8. To ensure proper receipt by EPA,
be sure to identify the docket ID number
assigned to this action in the subject
line on the first page of your response.
You may also provide the name, date,
and Federal Register citation.
F. What Information is EPA Particularly
Interested in?
Pursuant to section 3506(c)(2)(A) of
PRA, EPA specifically solicits
comments and information to enable it
to:
1. Evaluate whether the proposed
collections of information are 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 burdens of the
proposed collections of information.
3. Enhance the quality, utility, and
clarity of the information to be
collected.
4. Minimize the burden of the
collections of information on those who
are to respond, including through the
use of appropriate automated or
electronic collection technologies or
other forms of information technology,
e.g., permitting electronic submission of
responses.
II. What Information Collection
Activity or ICR Does this Action Apply
to?
EPA is seeking comments on the
following ICR:
Title: TSCA Section 5(a)(2) Significant
New Use Rules for Existing Chemicals.
ICR numbers: EPA ICR No. 1188.08,
OMB Control No. 2070–0038.
ICR status: This ICR is currently
scheduled to expire on January 31,
2006. 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 CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument or form, if
applicable.
Abstract: Section 5 of TSCA provides
EPA with a regulatory mechanism to
monitor and, if necessary, control
significant new uses of chemical
substances. Section 5 authorizes EPA to
determine by rule (significant new use
rule (SNUR)), after considering all
relevant factors, that a use of a chemical
substance represents a significant new
use. If EPA determines that a use of a
chemical substance is a significant new
use, section 5 requires persons to submit
a notice to EPA at least 90 days before
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they manufacture, import, or process the
substance for that use.
EPA uses the information obtained
through this collection to evaluate the
health and environmental effects of the
significant new use. EPA may take
regulatory actions under TSCA section
5, 6, or 7 to control the activities for
which it has received a SNUR notice.
These actions include orders to limit or
prohibit the manufacture, importation,
processing, distribution in commerce,
and use or disposal of chemical
substances. If EPA does not take action,
section 5 also requires EPA to publish
a Federal Register notice explaining the
reasons for not taking action.
Responses to the collection of
information are mandatory (see 40 CFR
part 721). 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.
III. What are EPA’s Burden and Cost
Estimates for this ICR?
Under PRA, ‘‘burden’’ means the total
time, effort, or financial resources
expended by persons to generate,
maintain, retain, or disclose or provide
information to or for a Federal Agency.
For this collection it includes 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.
The ICR provides a detailed
explanation of this estimate, which is
only briefly summarized in this notice.
The annual public burden for this
collection of information is estimated to
be 118.9 hours per response. The
following is a summary of the estimates
taken from the ICR:
Respondents/affected entities:
Companies that manufacture, process,
import, or distribute in commerce
chemical substances or mixtures.
Estimated total number of potential
respondents: 5.
Frequency of response: On occasion.
Estimated total/average number of
responses for each respondent: 1.
Estimated total annual burden hours:
861 hours.
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Estimated total annual burden costs:
$51,030.
IV. Are There Changes in the Estimates
from the Last Approval?
There is a decrease of 159 hours (from
1,020 hours to 861 hours) in the total
estimated respondent burden compared
with that identified in the information
collection request most recently
approved by OMB. This decrease
reflects EPA’s updating of burden
estimates for this collection based upon
historical information on the number of
chemicals per SNUR. Based upon
revised estimates, the number of
chemicals per SNUR has decreased from
65.5 to 41, with a corresponding
decrease in the associated burden. The
change is an adjustment.
V. 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 notice 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 technical
person listed under FOR FURTHER
INFORMATION CONTACT.
List of Subjects
Environmental protection, Reporting
and recordkeeping requirements.
Dated: March 7, 2005.
Margaret N. Schneider,
Acting Assistant Administrator, Office of
Prevention, Pesticides and Toxic Substances.
[FR Doc. 05–5616 Filed 3–22–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
14677
Information Collection Request (ICR):
Partial Update of the TSCA Section 8(b)
Inventory Data Base, Production and
Site Reports (EPA ICR No. 1884.03,
OMB Control No. 2070–0162). This ICR
involves a collection activity that is
currently approved and scheduled to
expire on December 31, 2005. The
information collected under this ICR
relates to the reporting of information to
EPA for purposes of periodically
updating the Toxic Substances Control
Act (TSCA) section 8(b) Inventory of
Chemical Substances. The ICR describes
the nature of the information collection
activity and its expected burden and
costs. Before submitting this ICR to the
Office of Management and Budget
(OMB) for review and approval under
the PRA, EPA is soliciting comments on
specific aspects of the collection.
DATES: Written comments, identified by
the docket identification (ID) number
OPPT–2005–0006, must be received on
or before May 23, 2005.
ADDRESSES: Comments may be
submitted electronically, by mail, or
through hand delivery/courier. Follow
the detailed instructions as provided in
Unit I. of the SUPPLEMENTARY
INFORMATION.
For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact:
Susan Sharkey, Economics, Exposure
and Technology Division (7406M),
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8789; fax number:
(202) 564–8893; e-mail address:
sharkey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
[OPPT–2005–0006; FRL–7702–3]
I. General Information
Partial Update of the TSCA Section
8(b) Inventory Data Base, Production
and Site Reports; Request for
Comment on Renewal of Information
Collection Activities
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are a manufacturer,
processor or importer of chemical
substances, mixtures or categories.
Potentially affected entities may
include, but are not limited to:
• Chemical Manufacturing (NAICS
325), e.g., Basic Chemical
Manufacturing; Resin, Synthetic Rubber
and Artificial and Synthetic Fibers and
Filaments Manufacturing; Pesticide,
Fertilizer, and Other Agricultural
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA) (44
U.S.C 3501 et seq.), EPA is seeking
public comment on the following
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]]>Agencies
[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Notices]
[Pages 14674-14677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5616]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[OPPT-2005-0009; FRL-7701-1]
TSCA Section 5(a)(2) Significant New Use Rules for Existing
Chemicals; Request for Comment on Renewal of Information Collection
Activities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C
3501 et seq.) EPA is seeking public comment on the following
Information Collection Request (ICR): Toxic Substances Control Act
(TSCA) Section 5(a)(2) Significant New Use Rules for Existing Chemicals
(EPA ICR No. 1188.08, OMB Control No. 2070-0038). This ICR involves a
collection activity that is currently approved and scheduled to expire
on January 31, 2006. The information collected under this ICR relates
to the requirement that persons notify EPA at least 90 days before they
manufacture, import, or process a chemical substance for a significant
new use, as defined by TSCA section 5. The ICR describes the nature of
the information collection activity and its expected burden and costs.
Before submitting this ICR to the Office of Management and Budget (OMB)
for review and approval under the PRA, EPA is soliciting comments on
specific aspects of the collection.
DATES: Written comments, identified by the docket identification (ID)
number OPPT-2005-0009, must be received on or before June 21, 2005.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
[[Page 14675]]
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov.
For technical information contact: Carolyn Hill, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-8109; fax
number: (202) 564-4775; e-mail address: hill.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are a company
that manufactures, processes, imports, or distributes in commerce
chemical substances or mixtures. Potentially affected entities may
include, but are not limited to:
Chemical manufacturing (NAICS 325), e.g., basic chemical
manufacturing, resin, synthetic rubber and artificial and synthetic
fibers and filaments manufacturing, pesticide, fertilizer and other
agricultural chemical manufacturing, paint, coating, and adhesive
manufacturing, soap, cleaning compound and toilet preparation
manufacturing, etc.
Petroleum refineries (NAICS 32411), e.g., crude oil
refining, diesel fuels manufacturing, fuel oils manufacturing, jet fuel
manufacturing, kerosene manufacturing, petroleum distillation, etc.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in 40 CFR 721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket ID number OPPT-2005-0009. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the EPA Docket Center, Rm. B102-Reading Room, EPA
West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The EPA Docket Center Reading Room telephone
number is (202) 566-1744 and the telephone number for the OPPT Docket,
which is located in EPA Docket Center, is (202) 566-0280.
2. Electronic access.You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at https://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit the Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact
[[Page 14676]]
information in the body of your comment. Also include this contact
information on the outside of any disk or CD ROM you submit, and in any
cover letter accompanying the disk or CD ROM. This ensures that you can
be identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at https://www.epa.gov/
edocket/, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPPT-2005-0009. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to oppt.ncic@epa.gov,
Attention: Docket ID Number OPPT-2005-0009. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Document Control Office (7407M),
Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
3. By hand delivery or courier. Deliver your comments to: OPPT
Document Control Office (DCO) in EPA East Bldg., Rm. 6428, 1201
Constitution Ave., NW., Washington, DC. Attention: Docket ID Number
OPPT-2005-0009. The DCO is open from 8 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the DCO is
(202) 564-8930.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the technical person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider when I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the collection activity.
7. Make sure to submit your comments by the deadline in this
notice.
8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
F. What Information is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
1. Evaluate whether the proposed collections of information are
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 burdens
of the proposed collections of information.
3. Enhance the quality, utility, and clarity of the information to
be collected.
4. Minimize the burden of the collections of information on those
who are to respond, including through the use of appropriate automated
or electronic collection technologies or other forms of information
technology, e.g., permitting electronic submission of responses.
II. What Information Collection Activity or ICR Does this Action Apply
to?
EPA is seeking comments on the following ICR:
Title: TSCA Section 5(a)(2) Significant New Use Rules for Existing
Chemicals.
ICR numbers: EPA ICR No. 1188.08, OMB Control No. 2070-0038.
ICR status: This ICR is currently scheduled to expire on January
31, 2006. 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 CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9, and included on the related
collection instrument or form, if applicable.
Abstract: Section 5 of TSCA provides EPA with a regulatory
mechanism to monitor and, if necessary, control significant new uses of
chemical substances. Section 5 authorizes EPA to determine by rule
(significant new use rule (SNUR)), after considering all relevant
factors, that a use of a chemical substance represents a significant
new use. If EPA determines that a use of a chemical substance is a
significant new use, section 5 requires persons to submit a notice to
EPA at least 90 days before
[[Page 14677]]
they manufacture, import, or process the substance for that use.
EPA uses the information obtained through this collection to
evaluate the health and environmental effects of the significant new
use. EPA may take regulatory actions under TSCA section 5, 6, or 7 to
control the activities for which it has received a SNUR notice. These
actions include orders to limit or prohibit the manufacture,
importation, processing, distribution in commerce, and use or disposal
of chemical substances. If EPA does not take action, section 5 also
requires EPA to publish a Federal Register notice explaining the
reasons for not taking action.
Responses to the collection of information are mandatory (see 40
CFR part 721). 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.
III. What are EPA's Burden and Cost Estimates for this ICR?
Under PRA, ``burden'' means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal Agency. For this
collection it includes 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.
The ICR provides a detailed explanation of this estimate, which is
only briefly summarized in this notice. The annual public burden for
this collection of information is estimated to be 118.9 hours per
response. The following is a summary of the estimates taken from the
ICR:
Respondents/affected entities: Companies that manufacture, process,
import, or distribute in commerce chemical substances or mixtures.
Estimated total number of potential respondents: 5.
Frequency of response: On occasion.
Estimated total/average number of responses for each respondent: 1.
Estimated total annual burden hours: 861 hours.
Estimated total annual burden costs: $51,030.
IV. Are There Changes in the Estimates from the Last Approval?
There is a decrease of 159 hours (from 1,020 hours to 861 hours) in
the total estimated respondent burden compared with that identified in
the information collection request most recently approved by OMB. This
decrease reflects EPA's updating of burden estimates for this
collection based upon historical information on the number of chemicals
per SNUR. Based upon revised estimates, the number of chemicals per
SNUR has decreased from 65.5 to 41, with a corresponding decrease in
the associated burden. The change is an adjustment.
V. 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 notice 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 technical person listed under
FOR FURTHER INFORMATION CONTACT.
List of Subjects
Environmental protection, Reporting and recordkeeping requirements.
Dated: March 7, 2005.
Margaret N. Schneider,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. 05-5616 Filed 3-22-05; 8:45 am]
BILLING CODE 6560-50-S
