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Supporting Statement for a Request for OMB Review under

the Paperwork Reduction Act

1. IDENTIFICATION OF THE INFORMATION COLLECTION

l(a) Title and Number of the Information Collection

TITLE: Correction of Misreported Chemical Substances on the Toxic 

Substances Control Act (TSCA) Chemical Substance Inventory

EPA ICR No.: 1741.06 OMB Control No.: 2070-0145

l(b) Short Characterization

Section 8(b) of the Toxic Substances Control Act (TSCA), requires the Environmental 

Protection Agency (EPA) to compile and keep current an Inventory of Chemical Substances in 

Commerce (hereinafter “the Inventory”), which is a listing of chemical substances manufactured, 

imported and processed for commercial purposes in the United States. Individual plant or 

factory sites producing chemicals submit the required information.

This information collection request pertains to the use of the TSCA Chemical Substance 

Inventory Reporting Form C (EPA Form 7710-3C; see Attachment 4 below), which the chemical 

industry uses exclusively in submitting requests to EPA’s Office of Pollution Prevention and 

Toxics (OPPT) for correcting misreported chemical identities of substances listed on the 

Inventory. Such requests pertain only to errors discovered in the original submissions to the 

Inventory when the Inventory was first established in 1979.

Each year, OPPT receives a small number of such correction requests from chemical 

companies or their legal representatives. In almost all cases, a submitter who wishes to correct 

the chemical identity of a substance that was previously misreported for the Inventory initiates 

these requests for correction. The correction mechanism allows the submitter to add the correct 

substance to the Inventory without having to file a Premanufacture Notice (PMN) under TSCA 

section 5.

In submitting a request for correction, the submitter provides certain basic information to 

EPA on Form C. This information is stored in one of EPA’s mainframe computers. This 

information allows OPPT to establish a correct chemical identity that accurately reflects the 

substance the submitter manufactures. Since the Inventory performs a regulatory function by

distinguishing between an existing chemical and a new chemical, it is imperative that the 

Inventory be accurate. A correct Inventory also ensures the accuracy of EPA’s chemical 

screening and risk assessment activities.
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2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

TSCA requires EPA to identify, assess and control risks of injury to human health and the 

environment posed by commercial chemicals. TSCA section 8(b) requires EPA to compile and 

keep current a complete list of chemical substances manufactured or processed in, or imported 

into, the United States. Under TSCA section 8(a) the Administrator of EPA promulgates rules to 

provide for the maintenance and collection of records from manufacturers, importers and 

processors of commercial chemicals. The Inventory Update Rule (IUR), which EPA uses 

periodically to update the TSCA section 8(b) Inventory, is codified at 40 CFR 710. Copies of 

the relevant sections of TSCA and of the Code of Federal Regulations are attached below (see 

Attachments 1 and 2, respectively).

The purpose of the Inventory is to define, for the purpose of TSCA, what chemical 

substances exist in U.S. commerce. Substances not included on the Inventory are considered to 

be new substances that are subject to the Premanufacture Notification (PMN) requirements 

stipulated under section 5(a) of TSCA.

The need for correcting chemical identities listed on the Inventory arose following the 

initial Inventory reporting period, when both EPA and the chemical industry recognized that 

substances submitted for inclusion in the initial Inventory could be, for various reasons, 

incorrectly described by reporting companies. EPA determined that reported substances may

have been unintentionally misidentified as a result of simple typographical errors, the 

misidentification of substances, or the lack of sufficient technical or analytical capabilities fully

to characterize the exact chemical substances. Although not required to do so under TSCA, EPA 

developed guidelines, at the request of industry, under which industry could correct the chemical 

identities of incorrectly described substances listed in the Inventory. EPA published these 

guidelines in the Federal Register on July 29, 1980 (45 FR 50544); see Attachment 3.

For the Inventory to perform its regulatory function, it must accurately identify those 

substances that exist in U.S. commerce. Otherwise the Inventory will not be able to provide 

reliable information that EPA needs in performing chemical screening and risk assessment 

activities under TSCA. The submitter, on the other hand, must be certain that the substance 

he/she manufactures or imports is correctly identified on the Inventory, so that he/she will be in 

full compliance with TSCA reporting requirements. The correction mechanism ensures the 

accuracy of the Inventory without imposing an unreasonable burden on the chemical industry. 

Without the Inventory correction mechanism, a submitter would have to file a PMN to place the 

correct chemical substance on the Inventory whenever finding that the previously reported 

substance was misidentified. This would impose a much greater burden on both EPA and the 

submitter than the existing correction mechanism.
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2(b) Practical Utility/Users of the Data

OPPT will use the data contained in the correction request to alter the incorrect chemical 

identities in the Inventory so that the information is complete and accurate. Many branches of 

the Agency rely on the Inventory when making regulatory decisions. Within OPPT, the 

Chemical Control Division (CCD) and the Interagency Testing Committee (ITC) frequently use 

the Inventory. Both CCD and the ITC rely on the accuracy of the Inventory for screening 

chemical substances for further attention or testing. If the Inventory data were inaccurate, CCD 

or the ITC could inadvertently screen a fictitious chemical, i.e., a misreported substance not yet 

corrected on the Inventory.

As well as providing vital government service, the Inventory provides information 

necessary to members of industry. Correspondence between the private and public sectors of the 

U.S. concerning the Inventory is ceaseless. OPPT receives hundreds of inquiries regarding the 

Inventory each year. These letters are primarily requests for Chemical Abstracts Service (CAS) 

Registry Numbers or Accession Numbers assigned to a substance, although the Agency also 

receives a variety of other requests regarding TSCA.

One such request expresses a bona fide intent to manufacture a chemical substance. A 

“bona fide” letter requests a formal search of the Inventory for a particular chemical substance. 

If the substance is included on the Inventory, the potential manufacturer need not submit a PMN. 

Since failure to submit a PMN for a substance not included on the Inventory, i.e., a new 

chemical, would constitute a violation of TSCA, the Inventory must be correct to ensure that 

only substances that are actually manufactured are included. An Inventory correction letter 

requests a change in the Inventory to correct a previously misreported substance. This correction 

mechanism allows the Inventory to be kept accurately, thus ensuring that the Agency’s responses 

to industry inquiries, e.g., bona fide, Accession Number and CAS Registry Number requests, are 

accurate. Furthermore, an accurate Inventory also ensures that the Agency performs risk 

assessments on the correct chemical substance and that industry will not need to submit 

unnecessary PMNs.

3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Non-Duplication

Not applicable: the required data can only be provided by the submitter and no other 

government agency collects such information.

3(b) Public Notice Required Prior to ICR Submission to OMB

Prior to submission to OMB, this ICR will be made available to the public for comment 

through a Federal Register notice. The public will have 60 days to provide comments. Any
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comments received will be given consideration when completing the supporting statement that is 

submitted to OMB.

3(c) Consultations

Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential ICR 

respondents and data users about specific aspects of ICRs before submitting an original or 

renewal ICR to OMB for review and approval. In accordance with this regulation, EPA will 

pursue additional consultations with interested parties during the development of the renewal of 

this collection.

3(d) Effects of Less Frequent Collection

Not applicable, since the frequency of correction depends wholly on industry.

3(e) General Guidelines

To the best of EPA’s knowledge, this collection does not exceed any of the Paperwork 

Reduction Act guidelines at 5 CFR 1320.6.

3(f) Confidentiality

Respondents may claim information submitted to EPA on the correction form as 

confidential if release of such information would reveal the submitter’s trade secrets or

proprietary information, as defined by TSCA section 14. A respondent may claim as 

confidential any information submitted on the reporting form, except the identity of a chemical 

substance that the respondent has not claimed as confidential in the existing Inventory data base. 

Respondents must assert claims of confidentiality at the time they submit the information to EPA 

and only in the manner specified by EPA.

EPA has established procedures for handling, storing, processing, and disposing of TSCA 

confidential business information (CBI), in accordance with stipulations set forth at 40 CFR Part 

2, subpart B. In general, EPA houses confidential information in secured areas and only persons 

specifically authorized by EPA may access such information. EPA further restricts access to 

computer systems containing TSCA CBI to those who have a need for access. Such systems 

may be accessed only via special computer terminals in restricted areas. Furthermore, the 

procedures set forth in 40 CFR Part 2, subpart B, strictly govern any transfer of TSCA CBI from 

EPA to another agency, and the Agency receiving such information must agree to comply fully 

with EPA procedures.

Furthermore, this information collection fully complies with the requirements of the 

Privacy Act of 1974 and OMB Circular A-108.
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3(g) Sensitive Questions

Not applicable; this information collection does not include questions of a sensitive 

nature.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

The respondent community consists of persons manufacturing or importing chemicals 

listed on the Inventory and regulated under TSCA section 8. In general, the industry segments 

that compose the respondent community for this information collection are those that produce or 

import organic chemicals, who have already reported to the initial Inventory effort, and who 

need to make a correction to that submission. Using North American Industry Classification 

System (NAICS) codes, these persons are typically classified under Chemical Manufacturing

(NAICS 325) and Petroleum and Coal Product Manufacturing (NAICS 324).

4(b) Information Requested

(i) Data Items

The correction request form requires the submitter to include information concerning the 

chemical substance’s identity, plant site, production volume, site limitations, and import/export 

of the substance, if applicable.

(ii) Respondent Activities

Most of the information contained on the Form C reporting form is readily accessible to 

the submitter as “customary business practices,” such as production and site-limitation data. The 

remaining information is equally apparent, e.g., plant site location and whether the submitter 

imports or manufactures.

With regard to the chemical substance identity requirement, such data should be 

predetermined before the time of an Inventory correction submission. Since industry almost 

exclusively initiates corrections to the Inventory, the submitter presumably has already 

determined the new chemical substance identity before he/she is able to conclude that the 

substance was previously misidentified. Therefore, the information required to submit a 

correction request is readily available to the submitter, who needs only to transpose the data to 

the form the Agency provides.

Furthermore, if, for whatever reason, the submitter is unable to produce a suitable 

technical name for the corrected substance, he/she need only provide the Agency with 

information concerning the reaction mechanism, including all reactants. In such a case, EPA 

will devise an appropriate name for the chemical substance.
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It is significant to note that in almost all cases it is industry, not EPA, that initiates 

correction requests. The Agency does not require industry to provide correction information nor 

does EPA have an obligation to provide a correction mechanism or to specify a reporting format. 

The correction mechanism exists at the request of industry and the EPA form is used because it 

reduces the burden on both the Agency and industry by providing a clear format for the data. 

Because the Form C has been in use since the initial Inventory reporting period, submitters are 

generally familiar with the format and with the information needed to complete the form. 

Furthermore, use of the form guards against delays due to incomplete submissions, as the form 

clearly outlines the required information.

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

As a result of the correction mechanism, the Agency must review the original 

submissions to determine whether a correction is needed. Once EPA confirms the validity of the 

correction, the Agency will process the correction information. EPA will maintain the 

confidentiality of the information at the request of the submitter, and will forward the results to 

the Chemical Abstracts Service (CAS) where the data are stored. EPA will add the corrected 

chemical substance to the Inventory while the incorrectly reported substance will become a 

candidate for deletion from the Inventory, if no other person has reported the same substance, 

through notice and comment rulemaking.

5(b) Collection Methodology and Management

EPA sends all of the submitted information, after processing, to an EPA contractor, 

Chemical Abstracts Service (CAS), whereupon the contractor enters the information to a 

computerized system. The public is able to access non-confidential data through commercial online systems, or on compact discs (CDs) available from the National Technical Information 

Service (NTIS).

5(c) Small Entity Flexibility

No small entity exemption exists. A small entity exemption would be meaningless or 

counterproductive to the interests of small entities who may wish to submit corrections. In 

addition, the amount of information required to complete a correction request is minimal. 

Furthermore, the correction cannot be processed without each piece of information requested, as 

only essential data are solicited. Any small entity simplification of the correction process would 

fail to provide the Agency with the pertinent information needed to make a correction.
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5(d) Collection Schedule

Not applicable since industry, not EPA, initiates corrections as necessary.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden

This ICR addresses an information collection effort that has been undertaken in the same 

manner since 1980. As time goes by, the need for correcting the initial Inventory entries 

diminishes as most of the corrections needed presumably would have been discovered and made 

by now, after 30 years and several Inventory Update Rule (IUR) reporting cycles. At this time 

EPA estimates the number of respondents to be no more than nine per year, based on recent 

experience. It is anticipated that these respondents will incur a minimal reporting burden in 

providing information to the Agency, estimated at 2.0 hours per report, and a recordkeeping 

burden estimated at 0.25 hours per report, for a total estimated burden of 2.25 hours per report. 

Worksheet 1, below, illustrates the estimated burden per respondent for responding to this 

information collection.

6(b) Estimating Respondent Cost

Worksheet 1 illustrates the estimated costs per respondent for responding to this 

information collection. This information is derived from information provided by submitters, 

individuals involved in the processing of the forms received, and previous experience. 

Respondent hourly costs in this ICR have been updated using the data sources that have 

been used for this purpose in the past. The underlying data come from the Bureau of Labor 

Statistics’ Employer Costs for Employee Compensation Supplementary Tables: Historical Data 

December 2006 – December 2008, US Bureau of Labor Statistics, March 12, 2009. These hourly 

cost estimates include wages, fringe benefits, and overhead. The wage and fringe benefit 

numbers are from the BLS data, and the overhead allowance is calculated at 17% of the hourly 

wage.

Category Hourly wage Fringe benefits Overhead Total hourly cost

Managerial $43.22 $19.46 $7.35 $70.03

Technical $35.29 $17.55 $6.00 $58.84

Clerical $17.22 $8.33 $2.93 $28.48
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WORKSHEET 1: ANNUAL RESPONDENT BURDEN/COST ESTIMATES

Burden Hours and Costs per Respondent by Employee Category

Managerial

@ $70.03

Technical

@ $58.84

Clerical

@$28.48

Total 

Hours

Total Costs

Create and gather 

information

1.50 1.50 $88.26

Review and report 

information

0.50 0.50 $35.02

Recordkeeping 0.25 0.25 $ 7.12

Subtotal 0.50 1.50 0.25 2.25 $130.40

6(c) Estimating Agency Burden and Cost

Costs associated with this collection include the printing and distributing of reporting 

forms, providing reporting assistance, reviewing and processing of the report forms and entry of 

data into the Inventory databases. The time to review a correction request by an EPA employee 

is estimated from experience at two hours. Hourly costs for technical support personnel are 

based upon the salary for a GS-12, step 1 employee of $35.03. The hourly rates were taken from 

the U.S. Office of Personnel Management’s 2009 General Schedule for workers with the 

Washington, D.C. locality payment. These hourly estimates were then multiplied by 1.6 to 

account for benefits (EPA Instructions for Preparing Information Collection Requests, 1992). 

Thus the hourly cost estimate adjusted for benefits is $56.05 for technical workers. Assuming the 

receipt of nine reports, the cost for EPA review is $504.45. Processing of the forms and entry of 

the data into EPA computer systems is estimated at $271.50 per form (based on contractor’s fee 

and estimate of 0.5 hours non-exempt time and 1.5 hours of exempt time), for a total of 

$2,443.50. The total Agency cost would be $2,947.95. The total Agency burden in reviewing 

and processing the forms, based on two hours of review and two hours of processing time, would 

be 36 hours.

6(d) Bottom Line Burden Hours and Cost

(i) Respondent Burden

The simple collection (see Worksheet 1)

Burden: 2.25 hours/report x 9 reports = 20 hours

Costs: $130.40/report x 9 reports = $1,173.60

(ii) Agency Burden

The total Agency burden is estimated to be 36 hours.

The total Agency cost is estimated to be $2,947.95
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(iii) The complex collection - Not applicable.

(iv) Variations in the annual bottom line - Not applicable.

6(e) Reasons for Change in Burden

This request reflects no net change in the total estimated respondent burden from that 

currently in the OMB inventory.

6(f) Burden Statement

The annual public burden for this collection of information, which is approved under 

OMB Control No. 2070-0145, is estimated to be 2.25 hour per response. According to the 

Paperwork Reduction Act, “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. 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 number for this information collection appears above. 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.

To comment on the Agency’s need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID No. EPA-HQ-OPPT-2010-0497. The docket is available for public viewing at the 

Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/DC). The EPA/DC 

Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., 

N.W., Washington, D.C. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding legal holidays. The telephone number for the EPA/DC 

Public Reading Room is (202) 566-1744, and the telephone number for the Pollution Prevention 

and Toxics Docket is (202) 566-0280. An electronic version of the public docket is available 

through the Federal Docket Management System (FDMS) at www.regulations.gov. Use FDMS 

to submit or view public comments, access the index listing of the contents of the public docket, 

and to access those documents in the public docket that are available electronically. Once in the 

system, select “search,” then key in the docket ID number identified above. Also, you can send 

comments to the Office of Information and Regulatory Affairs, Office of Management and 

Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please 

include the EPA Docket ID No. EPA-HQ-OPPT-2010-0497 and OMB control number 2070-

0145 in any correspondence.