Agency Information Collection Activities; Proposed Renewal of an Existing Collection and Request for Comment; Collection of Information for TSCA Mercury Inventory Reporting, 15661-15663 [2021-06009]
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
‘‘Currently Under Review’’ field, select
Federal Energy Regulatory Commission;
click ‘‘submit,’’ and select ‘‘comment’’
to the right of the subject collection.
FERC submissions must be formatted
and filed in accordance with submission
guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online
Support by email at ferconlinesupport@
ferc.gov, or by phone at: (866) 208–3676
(toll-free).
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov/docsfiling/docs-filing.asp.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, telephone
at (202) 502–8663.
SUPPLEMENTARY INFORMATION:
Title: FERC–512, Preliminary Permit.
OMB Control No.: 1902–0073.
Type of Request: Three-year approval
of the FERC–512 information collection
requirements, with no changes to the
current reporting requirements in
Docket No. IC21–8–000.
Abstract: The Commission regulates
nonfederal hydropower projects on
navigable waters and federal lands
pursuant to the Federal Power Act
(FPA).1 The FERC–512 is an application
for a preliminary permit or to extend a
preliminary permit term. Preliminary
permits, issued for up to four years,
preserve the right of permit holders to
have first priority in applying for a
license for a project being studied, but
do not authorize construction of any
facilities. Nor does a preliminary permit
allow the use of eminent domain to
acquire lands for the project. The
preliminary permits are issued pursuant
to sections 4(f), 5, and 7 of the FPA.
Preliminary permits may be extended
one time for up to four additional years,
pursuant to section 5 of the FPA. The
purpose of obtaining a preliminary
permit is to maintain priority status for
an application for a license while the
applicant conducts site examinations
and surveys to prepare maps, plans,
specifications, and estimates. This
period of time also provides the
applicant with the opportunity to
conduct engineering, economic, and
environmental feasibility studies in
addition to making the financial
arrangements for funding the
construction of the project. No other
application for a preliminary permit or
application for license submitted by
another party can be accepted during
the permit term. The application for a
preliminary permit is used by
Commission staff to assess the scope of
the proposed project, the technology to
15661
be used, and jurisdictional aspects of
the project. The staff assessment
includes a review of the proposed hydro
development for conflicts with other
permits or existing projects and public
notice of the application to solicit
public and agency comments. The
application for a one-time extension, up
to four years, of a preliminary permit is
used by Commission staff to determine
if a permittee has met the 2018 Water
Infrastructure Act’s good faith and
reasonable diligence standard. An
application for a preliminary permit
includes an initial statement and three
numbered exhibits, per 18 CFR 4.81.
The initial statement includes
information on the applicant, the
project, the requested term of the
permit, affected political jurisdictions,
and a verification of the facts.
Type of Respondents: Business or
other for-profit and not for-profit
institutions.
In response to the Notice of
Information Collection Request for
comments published in the Federal
Register on January 11, 2021 (86 FR
1957), the Commission received no
comments on the 60-day Paperwork
Reduction Act notice.
Estimate of Annual Burden 2 and
Cost 3: The Commission estimates as
shown below in the table:
FERC–512: (PRELIMINARY PERMIT)
Number of
respondents
Annual
number of
responses per
respondent
Total number
of responses
Average burden hours
& cost per response
Total annual burden
hours & total annual
cost
Average
annual cost
per
respondent
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
(5) ÷ (1)
Annual Reporting and
Recordkeeping.
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Total FERC–512 ...
50
1
50
24 hrs.; $1,992 ............
1,200 hrs.; $99,600 .....
$1,992
50
1
50
24 hrs.; $1,992 ............
1,200 hrs.; $99,600 .....
1,992
Comments: Comments are invited on:
(1) Whether the collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden and cost of the collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility
and clarity of the information collection;
and (4) ways to minimize the burden of
the collection of information on those
1 16
U.S.C. 791a–825r (2012).
is defined as 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 further
2 Burden
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17:40 Mar 23, 2021
Jkt 253001
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
ENVIRONMENTAL PROTECTION
AGENCY
Dated: March 18, 2021.
Kimberly D. Bose,
Secretary.
[EPA–HQ–OPPT–2020–0617; FRL–10018–
36]
[FR Doc. 2021–06087 Filed 3–23–21; 8:45 am]
BILLING CODE 6717–01–P
Agency Information Collection
Activities; Proposed Renewal of an
Existing Collection and Request for
Comment; Collection of Information for
TSCA Mercury Inventory Reporting
Environmental Protection
Agency (EPA).
AGENCY:
explanation of what is included in the information
collection burden, refer to 5 Code of Federal
Regulations 1320.3.
3 Commission staff estimates that the industry’s
skill set and cost (for wages and benefits) for FERC–
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Fmt 4703
Sfmt 4703
512 are approximately the same as the
Commission’s average cost. The FERC 2020 average
salary plus benefits for one FERC full-time
equivalent (FTE) is $172,329/year (or $83.00/hour).
E:\FR\FM\24MRN1.SGM
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15662
ACTION:
Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
Notice.
In compliance with the
Paperwork Reduction Act (PRA), this
document announces that EPA is
planning to submit an Information
Collection Request (ICR) to the Office of
Management and Budget (OMB). The
ICR, entitled: ‘‘Collection of Information
for TSCA Mercury Inventory Reporting’’
and identified by EPA ICR No. 2567.03
and OMB Control No. 2070–0207,
represents the renewal of an existing
ICR that is scheduled to expire on
October 31, 2021. Before submitting the
ICR to OMB for review and approval,
EPA is soliciting comments on specific
aspects of the proposed information
collection that is summarized in this
document. The ICR and accompanying
material are available in the docket for
public review and comment.
DATES: Comments must be received on
or before May 24, 2021.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2020–0617,
using the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Thomas Groeneveld (7407M), Office of
Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
566–1188; email address:
groenveld.thomas@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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:
VerDate Sep<11>2014
16:30 Mar 23, 2021
Jkt 253001
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 less 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: Collection of Information for
TSCA Mercury Inventory Reporting.
ICR number: EPA ICR No. 2567.03.
OMB control number: OMB Control
No. 2070–0207.
ICR status: This ICR is currently
scheduled to expire on October 31,
2021. 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 listed in 40
CFR part 9, 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: As directed in the June 2016
Frank R. Lautenberg Chemical Safety for
the 21st Century Act amendments to the
Toxic Substances Control Act (TSCA),
EPA is required to assist in the
preparation and publication in the
Federal Register of an ‘‘inventory of
mercury supply, use, and trade in the
United States.’’ 15 U.S.C. 2607(b)(10)(B)
and (D). Based on the inventory of
information collected through this ICR,
the Agency is directed to ‘‘identify any
manufacturing processes or products
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
that intentionally add mercury’’ and
‘‘recommend actions, including
proposed revisions of Federal law or
regulations, to achieve further
reductions in mercury use.’’ 15 U.S.C.
2607(b)(10)(C).
The primary purpose of this ICR is to
support the development of that
inventory. In turn, the inventory will
help the Agency identify uses of
mercury and recommend means to
achieve further reductions of such uses
in commerce. In addition, the Agency
seeks to obtain the information
necessary to achieve its goal to further
reduce the use of mercury in products
and certain manufacturing processes in
order to prevent future releases to the
environment, as well as assist the
United States in reporting
implementation under the Minamata
Convention. EPA seeks to enhance its
current information on how much
mercury is used, in which products and
manufacturing processes, and whether
certain products are manufactured
domestically, imported, or exported.
Reporting is required from any person
who manufactures (including imports)
mercury or mercury-added products, as
well as any person who otherwise
intentionally uses mercury in a
manufacturing process under TSCA
section 8(b). 15 U.S.C. 2607(b)(10)(D)(i).
The Agency promulgated reporting
requirements at 40 CFR part 713. In
order to avoid duplication, EPA
coordinated the reporting with the
Interstate Mercury Education and
Reduction Clearinghouse (IMERC). 15
U.S.C. 2607(b)(10)(D)(ii).
Regulated entities may claim some of
the information given to EPA as CBI.
Reporting requirements will contain
information for respondents on how to
make a claim to EPA that all or part of
their submitted information is CBI. EPA
handles claims of confidentiality
pursuant to established CBI procedures,
as found at section 14 of TSCA, 40 CFR
part 2, and the Agency’s TSCA CBI
Manual. CBI is also protected under the
Freedom of Information Act (5 U.S.C
525).
Burden statement: annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 23 hours per
response. Burden is defined in 5 CFR
1320.3(b).
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:
Respondents/Affected Entities:
Entities potentially affected by this ICR
are persons who manufacture (including
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
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import) mercury, mercury-added
products, and persons who otherwise
intentionally use mercury in a
manufacturing process.
Estimated average number of
potential respondents per year: 756.
Frequency of response: Every three
years.
Estimated yearly average number of
responses for each respondent: 0.33.
Estimated total annual burden hours:
52,000 hours.
Estimated total annual costs: EPA
estimates the annual average industry
burden and cost over three years at
approximately 17,000 hours and $1.4
million dollars, respectively, with a
total industry burden of approximately
52,000 hours and $4.2 million over the
three-year period. Annual average
agency burden and costs annualized
over 3 years are 1,600 hours and $0.15
million, with a total agency burden of
approximately 4,800 hours and $0.4
million over 3 years. Total annual
burden and cost for both industry and
agency annualized over 3 years is
19,000 hours and $1.8 million dollars.
Total overall burden and costs are
57,000 hours and $4.6 million.
III. Are there changes in the estimates
from the last approval?
In June 2018, EPA finalized a rule to
require reporting from persons who
manufacture (including import) mercury
or mercury-added products, or
otherwise intentionally use mercury in
a manufacturing process. That rule was
challenged in the Second Circuit Court
of Appeals by the Natural Resources
Defense Council and several state
attorneys general in July 2018. The
petitioners argued that three exemptions
to the reporting requirements violated
the statutory mandate within TSCA
section 8(b)(10). Oral arguments were
held on November 20, 2019 and the
court issued its decision in June 5, 2020.
The Agency prevailed on two issues, but
the Second Circuit vacated an
exemption (40 CFR 713.7(b)(2)) for
persons who import pre-assembled
products that contain a mercury-added
component. As a result, such persons
are now required to report pursuant to
40 CFR 713.7(b). Additionally, an
interim final rule will be used to
effectuate the decision of the court,
including necessary regulatory
amendments.
Based on the numbers of reporters of
mercury data to the IMERC Database, as
well as EPA’s TRI program and CDR
rule, there will be a change in
manufacturers (including importers) or
processors that could respond to this
information collection. The annual
public burden for this collection of
VerDate Sep<11>2014
16:30 Mar 23, 2021
Jkt 253001
information is estimated about 23 hours
per respondent. This request represents
a decrease of 9 hours per respondent
from that currently in the OMB
inventory, or a total decrease of 20,522
hours (from 72,567 to 52,045 hours).
This increase is due to, a decrease in
rule familiarization burden, a decrease
in form completion burden due to
mercury export prohibitions, and
changes in the number of estimated
respondents.
In addition, OMB has requested that
EPA move towards using the 18question format for ICR Supporting
Statements used by other federal
agencies and departments and is based
on the submission instructions
established by OMB in 1995, replacing
the alternate format developed by EPA
and OMB prior to 1995. EPA intends to
update this Supporting Statement
during the comment period to reflect the
18-question format, and has included
the questions in an attachment to this
Supporting Statement. In doing so, the
Agency does not expect the change in
format to result in substantive changes
to the information collection activities
or related estimated burden and costs.
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 technical
person listed under FOR FURTHER
INFORMATION CONTACT.
Authority: 44 U.S.C. 3501 et seq.
Dated: March 17, 2021.
Michal Freedhoff,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
[FR Doc. 2021–06009 Filed 3–23–21; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2003–0004; FRL–10021–
67]
Access to Confidential Business
Information by Eastern Research
Group and Its Identified
Subcontractors and PG Environmental
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA has authorized its
contractor and subcontractor, Eastern
Research Group (ERG), Lexington, MA;
and PG Environmental, Golden, CO, to
access information which has been
submitted to EPA under all sections of
the Toxic Substances Control Act
(TSCA). Some of the information may be
claimed or determined to be
Confidential Business Information (CBI).
DATES: Access to the confidential data
will occur no sooner than March 31,
2021.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Scott Sherlock, Program Management
and Operations Division (7407M), Office
of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
564–8257; fax number: (202) 564–8251;
email address: sherlock.scott@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general. This action may, however, be
of interest to all who manufacture,
process, or distribute industrial
chemicals. Since other entities may also
be interested, the Agency has not
attempted to describe all the specific
entities that may be affected by this
action.
B. How can I get copies of this document
and other related information?
BILLING CODE 6560–50–P
PO 00000
15663
The docket for this action, identified
by docket identification (ID) number
EPA–HQ–OPPT–2003–0004 is available
at https://www.regulations.gov or at the
Office of Pollution Prevention and
Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
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]]>Agencies
[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15661-15663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06009]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2020-0617; FRL-10018-36]
Agency Information Collection Activities; Proposed Renewal of an
Existing Collection and Request for Comment; Collection of Information
for TSCA Mercury Inventory Reporting
AGENCY: Environmental Protection Agency (EPA).
[[Page 15662]]
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``Collection of Information for TSCA Mercury
Inventory Reporting'' and identified by EPA ICR No. 2567.03 and OMB
Control No. 2070-0207, represents the renewal of an existing ICR that
is scheduled to expire on October 31, 2021. Before submitting the ICR
to OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection that is summarized in
this document. The ICR and accompanying material are available in the
docket for public review and comment.
DATES: Comments must be received on or before May 24, 2021.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0617, using the Federal eRulemaking Portal
at https://www.regulations.gov. Follow the online instructions for
submitting comments. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Thomas Groeneveld (7407M),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
number: (202) 566-1188; email address: [email protected].
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].
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 less 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: Collection of Information for TSCA Mercury Inventory
Reporting.
ICR number: EPA ICR No. 2567.03.
OMB control number: OMB Control No. 2070-0207.
ICR status: This ICR is currently scheduled to expire on October
31, 2021. 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 listed in 40 CFR
part 9, 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: As directed in the June 2016 Frank R. Lautenberg Chemical
Safety for the 21st Century Act amendments to the Toxic Substances
Control Act (TSCA), EPA is required to assist in the preparation and
publication in the Federal Register of an ``inventory of mercury
supply, use, and trade in the United States.'' 15 U.S.C. 2607(b)(10)(B)
and (D). Based on the inventory of information collected through this
ICR, the Agency is directed to ``identify any manufacturing processes
or products that intentionally add mercury'' and ``recommend actions,
including proposed revisions of Federal law or regulations, to achieve
further reductions in mercury use.'' 15 U.S.C. 2607(b)(10)(C).
The primary purpose of this ICR is to support the development of
that inventory. In turn, the inventory will help the Agency identify
uses of mercury and recommend means to achieve further reductions of
such uses in commerce. In addition, the Agency seeks to obtain the
information necessary to achieve its goal to further reduce the use of
mercury in products and certain manufacturing processes in order to
prevent future releases to the environment, as well as assist the
United States in reporting implementation under the Minamata
Convention. EPA seeks to enhance its current information on how much
mercury is used, in which products and manufacturing processes, and
whether certain products are manufactured domestically, imported, or
exported.
Reporting is required from any person who manufactures (including
imports) mercury or mercury-added products, as well as any person who
otherwise intentionally uses mercury in a manufacturing process under
TSCA section 8(b). 15 U.S.C. 2607(b)(10)(D)(i). The Agency promulgated
reporting requirements at 40 CFR part 713. In order to avoid
duplication, EPA coordinated the reporting with the Interstate Mercury
Education and Reduction Clearinghouse (IMERC). 15 U.S.C.
2607(b)(10)(D)(ii).
Regulated entities may claim some of the information given to EPA
as CBI. Reporting requirements will contain information for respondents
on how to make a claim to EPA that all or part of their submitted
information is CBI. EPA handles claims of confidentiality pursuant to
established CBI procedures, as found at section 14 of TSCA, 40 CFR part
2, and the Agency's TSCA CBI Manual. CBI is also protected under the
Freedom of Information Act (5 U.S.C 525).
Burden statement: annual public reporting and recordkeeping burden
for this collection of information is estimated to average 23 hours per
response. Burden is defined in 5 CFR 1320.3(b).
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:
Respondents/Affected Entities: Entities potentially affected by
this ICR are persons who manufacture (including
[[Page 15663]]
import) mercury, mercury-added products, and persons who otherwise
intentionally use mercury in a manufacturing process.
Estimated average number of potential respondents per year: 756.
Frequency of response: Every three years.
Estimated yearly average number of responses for each respondent:
0.33.
Estimated total annual burden hours: 52,000 hours.
Estimated total annual costs: EPA estimates the annual average
industry burden and cost over three years at approximately 17,000 hours
and $1.4 million dollars, respectively, with a total industry burden of
approximately 52,000 hours and $4.2 million over the three-year period.
Annual average agency burden and costs annualized over 3 years are
1,600 hours and $0.15 million, with a total agency burden of
approximately 4,800 hours and $0.4 million over 3 years. Total annual
burden and cost for both industry and agency annualized over 3 years is
19,000 hours and $1.8 million dollars. Total overall burden and costs
are 57,000 hours and $4.6 million.
III. Are there changes in the estimates from the last approval?
In June 2018, EPA finalized a rule to require reporting from
persons who manufacture (including import) mercury or mercury-added
products, or otherwise intentionally use mercury in a manufacturing
process. That rule was challenged in the Second Circuit Court of
Appeals by the Natural Resources Defense Council and several state
attorneys general in July 2018. The petitioners argued that three
exemptions to the reporting requirements violated the statutory mandate
within TSCA section 8(b)(10). Oral arguments were held on November 20,
2019 and the court issued its decision in June 5, 2020. The Agency
prevailed on two issues, but the Second Circuit vacated an exemption
(40 CFR 713.7(b)(2)) for persons who import pre-assembled products that
contain a mercury-added component. As a result, such persons are now
required to report pursuant to 40 CFR 713.7(b). Additionally, an
interim final rule will be used to effectuate the decision of the
court, including necessary regulatory amendments.
Based on the numbers of reporters of mercury data to the IMERC
Database, as well as EPA's TRI program and CDR rule, there will be a
change in manufacturers (including importers) or processors that could
respond to this information collection. The annual public burden for
this collection of information is estimated about 23 hours per
respondent. This request represents a decrease of 9 hours per
respondent from that currently in the OMB inventory, or a total
decrease of 20,522 hours (from 72,567 to 52,045 hours). This increase
is due to, a decrease in rule familiarization burden, a decrease in
form completion burden due to mercury export prohibitions, and changes
in the number of estimated respondents.
In addition, OMB has requested that EPA move towards using the 18-
question format for ICR Supporting Statements used by other federal
agencies and departments and is based on the submission instructions
established by OMB in 1995, replacing the alternate format developed by
EPA and OMB prior to 1995. EPA intends to update this Supporting
Statement during the comment period to reflect the 18-question format,
and has included the questions in an attachment to this Supporting
Statement. In doing so, the Agency does not expect the change in format
to result in substantive changes to the information collection
activities or related estimated burden and costs.
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 technical person listed under
FOR FURTHER INFORMATION CONTACT.
Authority: 44 U.S.C. 3501 et seq.
Dated: March 17, 2021.
Michal Freedhoff,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2021-06009 Filed 3-23-21; 8:45 am]
BILLING CODE 6560-50-P
