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Supporting Statement for a Request for OMB Review under

The Paperwork Reduction Act

1 IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

Title: Recordkeeping and Reporting Requirements for Allegations of Significant 

Adverse Reactions to Human Health or the Environment

EPA ICR No.: 1031.11 OMB Control No.: 2070-0017

1(b) Short Characterization

Section 8(c) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2607(c) (Attachment 1),

requires that “any person who manufactures (including imports), processes, or distributes in commerce 

any chemical substance or mixture” must keep “records of significant adverse reactions to health or the 

environment, as determined by the Administrator by rule, alleged to have been caused by the substance 

or mixture.” TSCA section 8(c) requires that allegations of adverse reactions to the health of employees 

be kept for thirty years, and all other allegations be kept for five years.

EPA promulgated 40 CFR 717, “Allegations that Chemical Substances Cause Significant 

Adverse Reactions to Health or the Environment; Subpart A -- Recordkeeping and Reporting,” on 

August 22, 1983 (48 FR 38178) (Attachment 2). This rule became effective on November 21, 1983. 

The rule requires manufacturers (including importers) and processors of chemical substances and 

mixtures to keep records of “significant adverse reactions” alleged to have been caused by such 

substances or mixtures. The rule also prescribes the conditions under which a firm must submit or make 

the records available to a duly designated representative of the Administrator.

2 NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

The recordkeeping and reporting activities associated with this collection of information are 

required by statute. The TSCA section 8(c) reporting and recordkeeping requirements are of central 

importance in the administration of TSCA section 8 as a whole. Without the ability to administer these 

paperwork requirements, EPA would not be able to meet its obligation under TSCA. 

Since the statute does not contain an automatic reporting provision, EPA must either inspect 

company files or require reporting of records that relate to specific substances of concern in order to 

obtain and use information about allegations of significant adverse reactions. EPA’s authority to inspect 

and require such reporting is codified in 40 CFR 717.17. EPA will review relevant TSCA section 8(c) 

records in connection with its TSCA chemical assessment activities.

All studies submitted to EPA will be verified and the contents of the submissions recorded and 

inspected for the inclusion of confidential business information. Copies of the documents will then be 
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prepared for inclusion in EPA’s public docket and distributed, as appropriate and based on the 

associated chemical identity, to program offices at EPA and/or to other federal agencies for scientific 

analysis. A coding form will be completed to capture certain descriptive information such as identity, 

document control number, confidentiality indicator, document title, document date, receipt date and 

chemical identity. The document will be recorded on microfiche and stored for archival purposes.

2(b) Use/Users of the Data

By using the TSCA section 8(c) reporting authority, EPA can examine such records whenever a 

chemical is discovered to present possible risks to human health or the environment. Information 

contained in the TSCA section 8(c) allegation records will have several uses. The information collected 

will be used on a case-specific basis to evaluate suspected adverse health or environmental effects of a 

chemical substance or mixture already under assessment by EPA's Office of Pollution Prevention and 

Toxics (OPPT). Most of these substances will be “existing” chemicals, e.g., chemicals for test rule 

consideration, substances that are the subjects of TSCA section 8(e) notices of substantial risk, or 

substances or mixtures brought to the attention of OPPT by other EPA programs, other government 

agencies, industry, or the public. However, TSCA section 8(c) reports also may be required on “new” 

chemicals as one means of monitoring for any suspected or potential hazards identified during the 

premanufacture notification (PMN) review period.

On a case-specific basis, requiring reporting of TSCA section 8(c) records will also serve as a 

discovery function. It will help identify trends of adverse effects across the industry that may not be 

apparent to any one company. It will also serve as a long-term trend identification function because of 

the 5-year and 30-year recordkeeping feature of the statute.

3 NON-DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA

3(a) Non-Duplication

Information recorded and reported on alleged adverse effects on health or the environment is 

specific for compliance with the TSCA section 8(c) rule. Records required to be maintained under this 

rule include records of consumer allegations of personal injury or harm to health, reports of occupational 

disease or injury, and reports or complaints of injury to the environment submitted to the manufacturer, 

processor, or distributor in commerce from any source. Allegation means a statement, made without 

formal proof or regard for evidence, that a chemical substance or mixture has caused a significant 

adverse reaction to health or the environment. TSCA section 8(c) requires that allegations of adverse 

reactions to the health of employees be kept for 30 years, and all other relevant allegations be kept for 5 

years. 

No other EPA programs or other agencies/departments that require this specific set of 

information on alleged adverse effects to be recorded and maintained for this retention period nor does 

any other government program have direct authority to access such information. If any records or 

reports relating to the allegation are required by another agency, then copies of those records or reports 

must be maintained in the TSCA section 8(c) allegation record. For example, if an employee allegation 

results in a requirement for the firm to record the case on Occupational Safety and Health 

Administration (OSHA) Form 301, or equivalent form, which must be maintained by the firm for only 5 

years (see 29 CFR part 1904 for recording and reporting requirements for occupational injuries and 
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illnesses under the Occupational Safety and Health Act of 1970), then a copy of that OSHA record must 

be included in the allegation record.

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 comments received 

will be given consideration when completing the supporting statement that is submitted to OMB.

3(c) Consultations

Prior to proposing the original TSCA section 8(c) rule, EPA held information meetings with the 

following groups:

 Oil, Chemical, and Atomic Workers Union

 AFL/CIO

 Environmental Defense Fund

 American Textile Manufacturing Association

 Chemical Manufacturers Association

 Chemical Specialty Manufacturers Association

 Rubber Manufacturers Association

 National Congress of Petroleum Retailers

 National Association of Chain Drugstores

During the public comment period, EPA received 160 comments from a wide variety of groups 

including the Chemical Manufacturers Association (now called the American Chemistry Council), 

American Petroleum Institute, chemical manufacturers and processors, chemical industry

representatives, and environmental and labor organizations. In addition, EPA held public meetings on 

the proposed rule in Washington, D.C., Newark, New Jersey, and Houston, Texas.

In promulgating the final TSCA section 8(c) rule, EPA contacted Allied Chemical, American 

Cyanamid, Monsanto, Proctor and Gamble, Stauffer Chemical, and Union Carbide to obtain industry

estimates on the number of expected allegations and company indirect costs. In addition, the TSCA 

section 8(c) final rule concept was reviewed by the Administrator’s Toxic Substance Advisory

Committee, which was composed of representatives of business and environmental groups.

Since promulgation, provisions of the final rule have been thoroughly discussed in briefings with 

representatives of the chemical industry. Also, certain aspects of the rule were subsequently modified 

via notice and comment rulemaking based upon recommendations by members of the industry and after 

full consideration of comments from representatives of industry, labor groups, environmental groups, 

and the general public.

OPPT has provided continuing interpretive guidance to interested parties whenever the need has 

arisen. In July of 1986, OPPT conducted a seminar for industry representatives on TSCA that included 

information exchange regarding TSCA section 8(c). Another such industry seminar was conducted in 

1990. TSCA section 8(c) has also been discussed at a variety of other seminars and meetings with 

industry.
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Additionally, 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

Currently, EPA uses its authority to collect information pursuant to the TSCA section 8(c) rule 

sparingly. Currently, EPA anticipates issuing infrequent requests (less than 2 per year) for TSCA section 

8(c) reporting. However, reporting requests may occur more frequently because individual notices or 

letters containing such TSCA section 8(c) requests may be clustered in the same year. The information 

will be collected on a case-specific basis to evaluate suspected adverse health or environmental effects 

of a chemical substance or mixture already under assessment by OPPT or when a chemical not under 

assessment by OPPT is discovered to present possible risks to human health or the environment. For 

example, chemical disasters are obviously unpredictable and OPPT must reserve the capability to 

require records submission on an as-needed basis in order to gather relevant information related to such 

matters. TSCA section 8(c) allegation records are part of such related information.

3(e) General Guidelines

The record retention provisions of TSCA section 8(c) and 40 CFR part 717 exceed the 

Paperwork Reduction Guidelines (5 CFR 1320.6) in that they require respondents to maintain records 

other than health, medical, or tax records, for more than three years. TSCA section 8(c) authorizes EPA 

to require persons (i.e., manufacturers (including importers), processors, or distributors) to maintain 

records of adverse reactions to the health of employees for a period of 30 years from the date such 

reactions were first reported or known to the person maintaining the record. Any other record of such 

adverse reactions (e.g., to the environment, non-employees) is required to be retained for a period of 5 

years. 40 CFR part 717 incorporates these record retention provisions authorized by TSCA.

3(f) Confidentiality

Respondents may assert a claim of business confidentiality with respect to all or part of an 

allegation submission. Such submissions will be handled in accordance with the provisions at 40 CFR 

Part 2.

3(g) Sensitive Questions

This section is not applicable. The information does not include responses to questions of a 

sensitive nature.
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4 THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondent NAICS Codes

Respondents affected by this collection activity are mainly NAICS categories 325 and 32411 

(Chemicals and Allied Products Manufacturers and Petroleum Refining, respectively).

4(b) Information Requested

(i) Data Items

Records maintained pursuant to 40 CFR Part 717 must consist of the following:

a. The original allegation as received.

b. An abstract of the allegation and other pertinent information as follows:

1. The name and address of the plant site that received the allegation.

2. The date the allegation was received at that site.

3. The implicated substance, mixture, article, company process or operation, or

 site discharge.

4. A description of the alleger (e.g., employee, neighbor), including age and sex,

 if ascertainable.

5. A description of the health effects, including explanation of how the effects

 became known and the route of exposure, if explained in the allegation.

c. The results of any self-initiated investigation with respect to an allegation. EPA does 

 not require such investigation under the TSCA section 8(c) rule.)

d. Copies of any further required records relating to the allegation (e.g., records required

 under OSHA).

Each person who is required to keep records under this part must submit copies of those records 

to EPA as required by the Administrator or appropriate designee. EPA will notify those responsible for 

reporting by letter or will announce any such requirements by notice in the Federal Register.

(ii) Respondent Activities

Respondents must do two things: (1) maintain records of allegations of significant adverse 

reactions, and (2) submit copies of these allegation records when required by EPA. Entities subject to 

the rule must record significant reactions alleged to have been caused by substances or mixtures that 

they manufacture, import, or process. These firms must establish a recordkeeping system for such 

allegations and monitor incoming complaints to determine if they meet the criteria for filing. 

Allegations that are filed must be retained for 30 years if they are employee-related and for 5 years for 

all other types/sources of allegations.

Firms subject to the rule must keep their TSCA section 8(c) records at company headquarters or 

at a site central to their chemical operations. A multi-site company will usually require the responsible 

official at the individual plant site to forward potentially recordable TSCA section 8(c) allegations to a 

designated TSCA coordinator at their operations headquarters. Depending on the size of the company, 

such allegations will be reviewed by a committee to determine if the allegations relate to the company’s 

product, operations, or discharges. If so, the effects cited in the allegation are compared against the 
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rule’s definition and examples of “significant adverse reaction.” If the allegation meets this test, it is 

recorded. The actual allegation record is to be comprised of an abstract of the allegation along with a 

record of any company-initiated investigation and other pertinent documents. The rule does not require 

further investigation. EPA requires that allegations be filed so that they may be readily retrievable by 

the alleged “cause” of the reaction. EPA does not, however, require a specific form under this rule.

Firms subject to this rule must maintain an awareness of their reporting requirements. A 

reporting requirement will take the form of a letter directed to selected respondents or it will be a notice 

in the Federal Register. Respondents are responsible for monitoring the Federal Register for such 

notices. Whenever feasible, EPA will also notify those companies that can be identified with the 

production, importation or processing of a substance or mixture in question. Respondents then must 

determine if they manufacture or process the chemical substance or mixture. If so, they must conduct a 

search of their TSCA section 8(c) files to determine if there are any relevant records of significant 

adverse reactions alleged to have been caused by the substance or mixture. If such records are present, 

they must make a photocopy of those records and mail it with a cover letter to EPA. The company 

should note that they have submitted such records to EPA so that future duplicative reporting will not 

occur.

5 THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

OPPT is the primary user of the information gathered under the authority of this rule. In 

addition, information may be gathered for other EPA program offices/regions, and other Federal or state 

health or environmental agencies.

EPA personnel involved in monitoring recordkeeping, initiating reporting requests, and 

reviewing responses will be staff of the Chemical Information and Testing Branch (CITB) of the 

Chemical Control Division (CCD), the Director of CCD, and the Director of the Office of Pollution 

Prevention and Toxics (OPPT). (For more information about the Chemical Testing Program, go to: 

http://www.epa.gov/oppt/chemtest/index.html.)

As OPPT receives submissions, they will be logged in and reviewed for confidentiality

considerations. Copies of submissions will be made available to offices within OPPT that are assessing 

the substances of concern. Non-confidential versions of the submissions will be placed in a public 

docket and will be available for review by other government agencies and the public.

5(b) Collection Methodology and Management

EPA has not identified a more efficient, less expensive or more flexible means of obtaining the 

required data. At present there is no new technology applicable to the collection of this information that 

would minimize the collection burden.

Any reporting requirements will have a minimum reporting schedule of forty-five days as 

outlined in the regulation. Neither the rule nor EPA requires the use of any particular methodology or 

technology for the retention or transmittal of TSCA section 8(c) records.
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To aid persons subject to this information collection, OPPT has set up a TSCA Hotline that 

provides information regarding TSCA section 8(c) reporting as well as other regulatory information. 

When Hotline staff members are unable to answer questions regarding TSCA section 8(c), the questions 

are referred to OPPT/CCD staff for appropriate resolution.

5(c) Small Entity Flexibility

Unlike TSCA section 8(a) of TSCA, Congress did not include a specific exemption of small 

businesses in TSCA section 8(c). This rule does not exempt small manufacturers (including importers) 

or processors of chemicals from its provisions. This is due to EPA’s belief that workers, plant neighbors 

and consumers may be adversely affected by products, emissions, etc., produced or created by firms of 

all sizes.

However, the TSCA section 8(c) rule was written to concentrate the recordkeeping and reporting 

burdens on those firms generally associated with the mainstream chemical industry. EPA specifically

eliminated most distributors and effectively limits the number of processors subject to the rule. By 

doing so, EPA has eliminated a large number of small businesses from the purview of the rule without 

compromising its objectives.

5(d) Collection Schedule

If EPA publishes in the Federal Register a reporting requirement relating to a chemical substance 

or mixture, or requests such reporting by letter, then manufacturers (including importers) and processors 

of such substance or mixture must submit a copy of relevant allegation records in their files. TSCA 

section 8(c) reporting requirements will be developed on an as-needed basis and could initially require 

only the submission of an abstract of the allegation record, which is generally one page in length, not the 

full allegation file.

6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION

This section presents the estimates of the industry burden hours and costs associated with TSCA 

section 8(c) activities. The specific action required to comply with a TSCA section 8(c) reporting are 

assumed to include review of the Federal Register for notices regarding specific chemicals, recording 

pertinent information on allegations and storing such records, and reporting allegations to EPA when 

required. Table 1 below, contains a cross-walk between the required activities and the related 

information collections.
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Table 1: Cross-Walk between Industry Activities and Related Information Collections (ICs)

Activity Description Related IC(s)

Recordkeeping Manufacturers, importers and processors of 

chemical substances or mixtures are required 

to maintain records of significant adverse 

reactions to health or the environment that are 

alleged to be caused by the substance or 

mixture, or alleged to be associated with its 

manufacture, processing, or distribution. 

Allegations that must be recorded include any 

statement of belief made by any person 

regarding a link between a particular 

company’s product, process or emission and a 

significant adverse health or environmental 

effect. 

Prepare and maintain records

Reporting If EPA has requested TSCA 8(c) records via a 

Federal Register notice or letter, respondents 

must find and submit the relevant data. They 

must also need to prepare and submit a 

transmittal letter and other explanatory 

material to accompany the allegation records. 

Prepare and submit records, a 

transmittal letter, and other 

relevant materials to EPA 

Federal Register

notice review

Manufacturers, importers and processors of 

chemical substances or mixtures will need to 

review each Federal Register notice to see if 

EPA has requested any TSCA 8(c) record

Review Federal Register 

6(a) Estimating Respondent Burden and Cost

The steps required to estimate burden associated with the activities of (1) maintaining records of 

significant adverse effects, and (2) submitting copies of allegation records when required by EPA, 

include estimating the number of affected firms and employees, the number of allegations, and number 

of reports requested by EPA. Unit estimates of burden for the various activities are also required. These 

unit estimates are then coupled with the number of allegations, reports, and Federal Register notice 

reviews to develop total burden estimates for the industry reporting community.

Estimates of costs require estimation of wage rates for personnel who are expected to participate 

in TSCA section 8(c) activities. These, coupled with the burden hours associated with the various tasks, 

provide the bases for industry cost estimates.

Estimate of the Number of Firms

As in the previous TSCA section 8(c) ICR burden analysis, EPA utilizes Census’ County 

Business Patterns database to determine numbers of firms/plants and their employment. The analysis 

entails computing the average number of employees per firm.1

 

1 EPA has used this methodology from 2006 forward because the data source is publically available, making the analysis 

more transparent. In the program’s initial ICR burden analysis, EPA used Dun’s Market Identifiers (DMI) from a Dun and 

Bradstreet database (see U.S. EPA, “Comparison of Data Sources for Characterizing Manufacturers and Processors,” Draft 

Report, Prepared by Centaur Associates, Inc under EPA contract No. 68-02-3980, Washington, DC; November 6, 1986).
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The first step is to gather information on the number of firms and employees from the Bureau of 

the Census’s County Business Patterns for NAICS code 325 (Chemical and Allied Products) and 

NAICS code 32411 (Petroleum Refining and Related Industries). EPA chose those NAICS codes to 

define the firms that manufacture (including import) and process chemical substances. The most recent 

dataset available is from 2013. 

The number of employees per firms is calculated using employment figures from County 

Business Patterns for those firms that fall under NAICS 325 or NAICS 32411. Data from County 

Business Patterns show that compared to the previous ICR renewal, the number of and employees 

decreased, resulting in about a 6% decrease the number of firms, and a 9% decrease in the number of 

employees, and a slight 3% decrease in average number of employees per firm. Current estimates using 

2013 Census data are provided in Table 2.

Table 2. Numbers of Firms and Employees for NAICS 325 and 32411, for 2013

Number of Firms* Total Number of Employees* Average Number of Employees 

per Firm

13,160 801,477 61

* Excludes most government employees, railroad employees, and self-employed persons.

Source: US Census Bureau. 2013 County Business Patterns. Release Date: April 2015.

Estimate of the Number of Allegations of Significant Adverse Health Reactions

The total number of allegations is based upon the average number of employees per firm and the 

number of firms, multiplied by a standard annual allegation rate per firm. 

The Agency received numerous public comments following the issuance of the initial TSCA 

section 8(c) proposal, including many comments about the Agency’s estimate of the number of 

allegations. In response to these comments, EPA contacted a number of firms to develop a consensus 

estimate. According to the 1983 ICR, the consensus opinion of the firms contacted is that recordable 

TSCA section 8(c) allegations are likely to be made by 0.5 percent of the employees at an average firm. 

Additionally, and per the 1983 ICR, EPA assumes that the rate of allegations made by the general public 

would be about one-third the employee allegation rate. Based on the average number of employees per 

firm, the estimated annual number of allegations per firm is presented below in Table 3. The total 

number of allegations is calculated by multiplying the total number of firms (13,160) by the average 

annual number of allegations per firm (.42), for a total of 5,527 allegations per year.

Table 3. Estimated Total Number of Allegations per Year for 2016-2019

Firms Avg. Number of 

Employees

Average Annual # of Allegations per Firm Total 

Allegations

Employee Public Total

13,160 61 0.31 0.1 0.42 5,527

Estimate of the Number of Reports Requested by EPA

EPA’s long-term experience shows that only a very limited amount of reporting has been 

required under TSCA section 8(c); this is not expected to change during the period covered by this ICR. 
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To date, only two reporting notices have been issued under TSCA section 8(c)2and these two notices 

covered two chemicals and two chemical categories. A total of 31 reports3,4have been received under 

TSCA section 8(c), an average of approximately 16 reports per notice. This represents an average of 

only about 1.1 reports per year since the rule was promulgated in 1983.5EPA expects to issue one 

additional notice per year during the three year ICR collection period, and therefore, in light of past 

experience, EPA anticipates that it may receive an additional 16 reports annually.

Estimated Wage Rates

Loaded wage rates for technical, managerial, and clerical personnel are derived using a standard 

methodology for the TSCA-regulated community. Wage rate data are obtained from the regularly 

updated Bureau of Labor Statistics (BLS) Employer Costs for Employee Compensation Supplementary 

Tables.

Wages and fringe benefits for managerial, professional/technical, and clerical labor are taken 

from the BLS Employer Costs for Employee Compensation (ECEC) data for March 2014, for 

manufacturing industries.6The cost of fringe benefits (paid leave, insurance and other items) specific to 

each labor category is taken from the same BLS series. 

An additional loading factor of 17 percent is applied to wages to account for overhead. This 

approach is consistent with OPPT practice, as established in economic analyses for two major

rulemakings.7See Table 4 below for calculation details.

 

2 U.S.EPA. “Chemical on Reporting Rules Database (CORR),” CCD and CSB, June 1990; and U.S.EPA. “Chemical on 

Reporting Rules Database (CORR): Update,” CCD and CSB; October 31, 1992.

3 U.S.EPA. [Untitled Computer Printout], IMD; June 3, 1992.

4

Sherlock, Scott, Information Management Division. Phone conversation with Wendy Hoffman based upon “TSCA Reports 

to Congress for EPA Fiscal Years 1992-93;” August 1994.

5

In comparison to the estimate of over 5800 allegations, it appears that the allegations rate used to estimate total allegations 

in Table 2 is overstated. However, given potentials for higher counts of allegations, EPA retains the existing methodology, 

which provides for a large contingency in additional burden. Moreover, the total burden for this information collection is 

relatively small despite the use of an overstated estimate for total allegations.

6

Employer Costs for Employee Compensation Supplementary Tables: December 2006-March 2015, US Bureau of Labor 

Statistics, June 10, 2015 (pp 31,33,37) (http://www.bls.gov/ncs/ect/sp/ecsuphst.pdf, accessed August 6, 2015)

7

For methodology, see: Wage Rates for Economic Analyses of the Toxics Release Inventory Program 

(U.S.EPA/OEI/EAD/ASB, June 10, 2002) and the Revised Economic Analysis for the Amended Inventory Update Rule: 

Final Report (U.S. EPA/OPPT/EETD/EPAB. August 2002.
Page 11 of 16

Table 4: Loaded Industry Wage Rates (March, 2014)

EPAB Labor 

Category Data Sources d Date

Wage Fringe 

Benefit

Fringes as 

% wage

Overhead % 

wage b

Fringe + 

overhead 

factor c

Loaded 

Wages a

(A) (B) (C) 

=(B)/(A)

(D) (E) 

=(C)+(D)+

1

(F) 

=(A)*(E)

Managerial

BLS ECEC, Private 

Manufacturing 

industries, “Mgt, 

Business, and 

Financial”

14-Dec $47.90 $24.18 50% 17% 1.67 $80.22 

Professional/ 

Technical

BLS ECEC, Private 

Manufacturing 

industries, 

“Professional and 

related“

14-Dec $42.19 $22.86 54% 17% 1.71 $72.22 

Clerical

BLS ECEC, Private 

Manufacturing 

industries, “Office and 

Administrative 

Support”

14-Dec $18.68 $9.40 50% 17% 1.67 $31.26 

Notes:

a Wage data are rounded to the closest dollar figure in this table; however, in calculations using these numbers for this report, unrounded 

values were used.

b An overhead rate of 17% was used based on assumptions in Wage Rates for Economic Analyses of the Toxics Release Inventory 

Program (Rice, 2002), and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPAB, 2002).

c An inflation factor of “1” means wage data were not escalated to reflect inflation.

d Source: Employer Costs for Employee Compensation Supplementary Tables: December 2006-March 2015, US Bureau of 

Labor Statistics, June 10, 2015 (pp 31,33,37) (http://www.bls.gov/ncs/ect/sp/ecsuphst.pdf, accessed August 6).

Unit Burden Hours and Costs

Unit costs for each of the burdens associated with the TSCA section 8(c) requirements are 

calculated in this section and summarized in Table 5 using the wage rates referred to above.

i. Unit Recordkeeping Burden and Cost

Based on the original TSCA section 8(c) analysis, EPA estimates that a firm’s TSCA section 8(c) 

coordinator will spend 2 to 3 hours to determine the status of an allegation.8For the purposes of this 

analysis, it is assumed that 3 hours are needed. This level of effort will occur for all allegations 

received. If the allegation is found to be recordable, the coordinator completes a form, has it typed, and 

checks it for accuracy. This requires 0.5 hours of clerical time and an additional 0.5 hours of managerial 

time. Assuming that all allegations are recordable, a total of 4 hours are expended per allegation (3.5 

 

8

U.S.EPA. “Economic Analysis of TSCA Section 8(c) Significant Adverse Reaction Recordkeeping Rule, OTS/ETD/RIB.” 

January 1983.
Page 12 of 16

hours managerial plus 0.5 hours clerical). Storage costs for the allegations are believed to be negligible. 

The unit cost per allegation is $296.41. 

ii. Unit Reporting Burden and Cost

Based on the original TSCA section 8(c) analysis, EPA estimates that a management level 

company official will spend one hour reviewing the Federal Register notice or letter from EPA to 

determine whether the company manufactures (including imports) or processes substances subject to the 

reporting requirement.

Technical personnel would then spend an estimated two hours conducting a search of the 

company’s TSCA section 8(c) files for any relevant allegation records. Once the file search is complete, 

EPA estimates that a managerial employee would spend two hours preparing a transmittal letter and 

other explanatory material to accompany the allegation records. An upper-level management official 

would spend an additional two hours reviewing these materials. One hour of clerical labor would be 

required to prepare and mail the response. A total of eight hours is expended per report (five managerial 

hours, two technical hours and one clerical hour). The unit cost for reporting, per report, is $576.82.

iii. Unit Federal Register Notice Review Burden and Cost

Based on the original TSCA section 8(c) analysis, EPA estimates that 0.25 hour of managerial 

labor would be required to review each Federal Register notice (see Table 4). The unit cost for Federal 

Register notice review is $20.06.

Table 5. Unit Respondent Burden and Cost Estimates

Activity

Clerical Technical Managerial Total

Hours Cost

($2014) Hours Cost($2014) Hours Cost($2014) Hours Cost($2014) 

Recordkeeping, per 

allegation 0.5 $15.63 0 $0.00 3.5 $280.78 4 $296.41 

Reporting, per report 1 $31.26 2 $144.44 5 $401.12 8 $576.82 

Federal Register notice 

review, per notice 0 $0.00 0 $0.00 0.25 $20.06 0.25 $20.06 

Total Industry Burden and Cost

Estimates for Burden and Cost are summarized in Table 6 by activity, and are thereafter 

presented in more detail.
Page 13 of 16

Table 6. Summary of Total Annual Industry Burden and Cost

Activity

Unit 

Burden, 

Hours

Unit 

Cost Applicable # and Unit # Firms

Burden, 

Hours Cost

Recordkeeping, 

per allegation 4 $296.41 5,527 Allegations per year

N/A 22,109 $1,638,308 

Reporting, per 

report 8 $576.82 16 Reports per year N/A 128 $9,229 

Federal Register

Notice review, per 

Notice

0.25 $20.06 1

Notices per year 

per firm

13,

160 3,290 $263,934 

Total Burden/Cost 25,527 $1,911,471 

i. Total Recordkeeping Burden and Cost

The unit burden for recordkeeping is multiplied by the total number of allegations. Total annual 

recordkeeping burden is 25,527 hours. The unit cost for recordkeeping of $296.41 is multiplied by the 

average annual number of allegations per year (5,527) and the total annual recordkeeping cost is 

$1,638,308. 

ii. Total Reporting Burden and Cost

Despite the infrequency with which the Agency actually publishes TSCA section 8(c) notices, 

EPA conservatively assumes that 16 TSCA section 8(c) reports will be submitted annually, in response 

to the publication of a single, assumed TSCA section 8(c) notice per year. The estimated number of 16 

annual responses is based on the 31 reports received in response to the two TSCA section 8(c) notices 

published in the 27–year history of the rule. The estimated annual reporting burden hour is 16 reports x 

8 hours per report (from Unit Reporting Burden and Costs), or 128 hours. The cost of submitting these 

reports is determined by multiplying the annual number of reports by the unit reporting cost of $576.82. 

The estimated annual reporting cost is $9,229.

iii. Total Federal Register Notice Review Burden and Cost

Historically, the Agency has published an average of only 0.08 notices each year since 1983, as 

EPA has published only two notices to date. In light of that history, EPA conservatively assumes that it 

will publish a single, TSCA section 8(c) notice each year. Given this assumption, an estimated unit 

burden of 0.25 hours per notice, and an estimated 13,160 firms that will read the Federal Register notice 

to determine compliance obligations, the estimated annual industry burden is 3,290 hours. The 

estimated annual cost to industry of reviewing the Federal Register notices is estimated using the unit 

cost for Federal Register review at $20.06 and multiplying by 13,160 firms reading 1 notice per year to 

obtain $263,936.

iv. Total Industry Burden and Costs 

The total economic burden on the regulated community imposed by TSCA section 8(c) is the 

sum of the three components identified above (recordkeeping, reporting, and Federal Register notice 

review) and estimated at 25,527 hours annually with an associated annual cost of $1,911,471. These 

costs, shown in the table below, would be incurred in each of the three years covered by this ICR.
Page 14 of 16

Table 7. Total Industry Burden and Cost

Collection Activity Number of 

Respondents

Total Annual 

Burden, Hours Total Annual Cost

Recordkeeping 13,160 22,109 $1,638,308 

Reporting 16 128 $9,229 

Federal Register Review 13,160 3,290 $263,934 

Total/Overall 13,160 25,527 $1,911,471 

Average Burden and Cost per Respondent

Table 9 presents the average annual cost and burden per respondent. On average each firm will spend a 

total of 1.94 hours and $145.25 annually to complete TSCA 8(c) information collection activities. 

Table 8. Average Annual Burden and Cost per Firm

Activity Hours/Firm Cost/Firm

Recordkeeping a1.68 $124.49

Reporting b0.01 $0.70

Federal Register notice review c0.25 $20.06

Average burden per firm 1.94 $145.25

Notes:

a Calculated as the average cost (or hourly burden) per allegation times the average number of allegations per year. 

b Calculated as the total industry reporting costs (or total burden) divided by the total number of firms. 

c Calculated as the total industry review costs (or total burden) divided by the total number of firms.

6(c) Estimating Agency Burden and Cost

The total annual cost to EPA for TSCA section 8(c) for each of the three years covered by this 

ICR is estimated to be $62,739. This figure is based on activities identified in the 1986 and 1989 ICRs. 

Costs are estimated based on wages and salaries in 2014 GS-schedule for the Washington-BaltimoreNorthern Virginia Locality Pay Area, for GS-15, Step 1, GS-13, Step 1, and GS-12, Step 1 employees. 

Wages include an additional 60 percent loading rate to account for overhead and benefits. 

Annual costs to EPA associated with the recordkeeping portion of the rule include general 

administration of the rule, education and outreach activities, and compliance monitoring. Costs 

associated with reporting involve preparation of reporting notices, Federal Register printing costs, 

document control, and document review. Annual costs to EPA are derived based on an analysis of the 

cost of performing these various activities. The various factors that contribute to EPA costs include:

 Each year, general administration of the rule involves approximately one-tenth of a staff 

specialist’s time plus approximately one week’s time each for two management personnel at the 

branch, division and OPPT Office Director’s level.

 Education and outreach activities will include ongoing rule support by the Environmental 

Assistance Division (EAD) in OPPT.
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 Compliance monitoring costs primarily involve the costs of the TSCA section 8(c) portion of 

inspection carried out by regional personnel and other administrative costs for headquarters 

personnel to target and review results of such inspections.

 To date, a total of only 31 reports have been received. Based on historical data, over the life of 

the rule an average of only 0.08 notices have been issued per year and an average of only 1.3 

reports received. EPA expects that reporting activity under TSCA section 8(c) will remain at 

low levels during the period covered by this ICR renewal. EPA costs associated with reporting 

have been adjusted to reflect this large decrease in the level of expected activity. Labor involved 

in developing the reporting notices will require decision meetings and either the development of 

letters, separate Federal Register notices, or the insertion of boilerplate segments in other rule 

preambles.

 Time will be required to process submissions based upon reporting requirements and to review 

them for confidentiality considerations.

 The Federal Register notices will be reviewed by the office directly requesting the information as 

well as by the Chemical Information and Testing Branch (CITB) of the Chemical Control 

Division (CCD).

Table 9. Annual Burden and Cost to the Federal Government

Activity GS-Level Loaded Hourly 

Wage ($2014) Burden Hours Annual Cost

Administrative 

maintenance

GS-13, Step 1 $68.94 208 $14,340

GS-15, Step 1 $95.82 80 $7,666

Total 288 $22,005

Education/Outreach GS-12, Step 1 $57.97 240 $13,913

Compliance monitoring GS-12, Step 1 $57.97 400 $23,188

Develop reporting 

notices GS-12, Step 1 $57.97 16 $928

Document control 

functions GS-12, Step 1 $57.97 1 $58

Notice review, referral 

and data entry GS-12, Step 1 $57.97 16 $928

Totals 961 $62,739
Page 16 of 16

6(e) Reasons for Change in Burden

There is decrease of 1,451 hours (from 26,978 hours to 25,527 hours) in the total estimated 

respondent burden compared with that identified in the ICR currently approved by OMB. This decrease 

reflects EPA's estimate of a fewer number of potential respondents affected by the reporting 

requirement, as the number of firms decreased to 13,160 firms compared with 13,951 in the ICR most 

recently approved by OMB. These changes are the result of adjustments.

Table 10: Estimate of Changes in Annual Burden Hours from Previous ICR by Activity

Annual Burden Hours

Current OMB Inventory 26,978

Change in Burden due to Adjustments

Changes in the number of firms and employees per firm -1,451

Change in Burden due to Program Changes 0

Total Change in Burden -1,451

6(f) Burden Statement

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

Control No. 2070-0017, is estimated to range between approximately 1 minute and 8 hours per response,

depending upon the type(s) of activity that a respondent must complete, with an average annual response 

of 1.36 hours per response. Burden is defined in 5 CFR 1320.3(b). An agency may not conduct or 

sponsor, and a person is not required to respond to a collection of information unless it displays a current 

and 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.

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT2011-0699, which is available for online viewing at www.regulations.gov, or in person 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., NW., 

Washington, DC. 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.

You may submit comments regarding 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. Submit your comments, referencing Docket ID No. EPA-HQOPPT-2011-0699 and OMB Control No. 2070-0017, to (1) EPA online using www.regulations.gov (our 

preferred method), or by mail to: Pollution Prevention and Toxics Docket, Environmental Protection 

Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 

20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management 

and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.