**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.: 1741.0**  **7 OMB Control No.: 2070** 
**- 0145**  **l(b) Short Characterization**  Sec tion 8(b) of the Toxic Substances Control Act (TSCA), requires the Environmental Prote ction 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. Indi vidual 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 use s 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 i n the original submissions to the Inventory when the Inventory

was first established in 1979. Each ye ar, OPPT receives a small number of such correction requests from chemical companies or their legal representatives. In almost all cases, a submitter wh o 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. T his information allo ws OPPT to establish a correct chemical identity that accuratel y 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.**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 b y 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 Stat es. Under TSCA section 8(a) the Administrator of EPA promulgate s 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 periodic all y 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, respectivel y). The purpose of the Inventory is to defi ne, 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 coul d be, for various reasons, incorrectly

described b y reporting companies. EPA determined that reported substances may have been unintentionally misidentified as a result of simple ty pographical errors, the misidentification of substances, or the lack of su fficient technical or anal yt ical 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 accuratel y 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 ri sk assessment activities under TSCA. The submitter, on the other hand, must be certain that the substance he/she manufactures or imports is correctl y 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 wa s misidentified. This would impose a much greater burden on both EPA and the submitter than the existing correction mechanism.**2(b) Practical Utility/Users of the Data** 

OPPT will us e 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

rel y on the Inventory when making regulatory decisions. Within OPPT, the Chemical Control Division (CCD) and the Interagency Testing Committee (ITC) frequentl y 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 member s 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 ye ar. These letters are primarily requests for Chemical Abstracts Se rvice (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 previou sly

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 onl y 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 I CR will be made available to the public for comment through a Federal Register notice. The public will have 60 day s to provide comments. Anycomments received will be given consideration when completing the supporting statement that is

submitted to OMB. **3(c) Co**  **nsultations** Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential I CR respondents and data users about specific aspects of I CRs before submitting an original or renewal I CR 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 wholl y 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 co nfidential if release of such information would reveal the submitter’s trade secrets or proprietary

information, as defined b y TSCA section 14. A r espondent may claim as confidential any

information submitted on th e 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 c laims of confidentiality at the time they submit the information to EPA and only in the manner specified by EPA. EPA h as 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 onl y persons specificall y authorized by EPA may access such information

. EPA further restricts a ccess to computer s ys tems containing TSCA CBI to those who have a need for access

. S uch sy stems m ay be accessed onl y via special computer terminals i n restricted area s . Furthermore, the procedures set forth in 40 CFR Part 2, subpart B, strictly govern an y transfer of TSCA CBI from EPA to another agency , and the Agency receiving such information must agree to compl y full y with EPA procedures. Further more, this information collection fully complies with the requirements of the Privacy Act of 1974 and OMB Circular A

- 108.**3(g) Sensitive Questions** 

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

**4. THE RE**  **SPONDENTS 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 c ompose 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 Indus try Classification Sy stem (NAI CS) codes, these persons are t ypically classified under Chemical Manufacturing (NAICS 325) and Petroleum and Coal Product Manufacturing (NAI CS 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 contain ed 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 presumabl y has already determined the new chemical substance identity before he/she is able to conclude that the substance was previousl y misidentified. Therefore, the information required to submit a correction request is readily available to the submitter, who needs onl y to transpose the data to the form the Agency provide s . Furthermore, if, for whatever reason, the submitter is unable to produce a suitable technical name for the corrected substance, he/she n eed onl y 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.It is significant to note that in almost all cases it is industry , no t 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. Th e correction mechanism exists at the r equest 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 ar e generall y f

amiliar 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 clearl y 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 store d. EPA will add the corrected chemical substance to the Inventory while the incorrectl y 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 a ll of the submitted information, after processing, to an EPA contractor, Chemical Abstracts Service (CAS), whereupon the contractor enter s the information to a computerized sy stem. The public is ab le to access non

- confidential data through commercial on

line sy stems, or o n compact discs (CD s ) available from the National Technical Information Service (NT IS ). **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. **5(d) Collection Sc**  **hedule** 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 I CR addresses an information collection effort that has been undertaken in the same m anner 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 ye ars 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 , es timated 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 c ollection. **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 pro cessing of the forms received, and previous experience. Wage rates, including fringe benefits and overhead, for three broad categories of labor (managerial, technical, and clerical) were used in this analy sis. The basis for estimating wage rates for the purposes of this analy sis is the Bureau of Labor Statistics (BLS) Employer Costs for Employee Compensation (ECEC) data, for December 2012, for manufacturing industries. Based on the BLS data, the average hourl y wage rates (as of December 2012) are $43.95 for managerial personnel, $38.53 for technical personnel and $17.64 for clerical personnel. The cost of fringe benefits such as paid leave and insurance, specific to each labor category , are taken from the same ECEC series and an additional loading factor of 17 percent is applied to wages to account for overhead. The overhead factor of 17 percent is used in accordance with Office of Pollution Prevention and Toxics economic anal yses for two major rulemakings: Wage Rates for Economic Analy ses of the Toxics R elease Inventory Program (EPA, 2002b), and the Revised Economic Analy sis for the Amended Inventory Update Rule: Final Report (EPA, 2002a). This overhead loading factor is added to the benefits loading factor, and the total is then applied to the base wage to derive the full y loaded wage. The loaded hourl y wage rates are $72.87 for managerial personnel, $64.38 for technical personnel and $29.51 for clerical personnel, as shown in Table 1.

**Labor Category**  **Hourly Wage**  **1 B**  **enefits and**  **Overhead Loading**  **Factor 2**  **Lo aded Hourly Rate**  **3** Managerial $43. 95 1.67 $7 3

. 40 Technical $3 8

. 53 1.67 $ 64

. 3 5 Clerical $17. 64 1.67 $2 9

. 46Notes: 1 Employer Costs for Employee Compensation Supplementary Tables December 2012, U.S. Bureau of Labor Statistics, March 18, 2013 (BLS, 2013)

. 2 An overhead rate of 17% was used based on assumptions in Wage Rates for Economic Analyses of the Toxics Release Inventory Program (EPA, 2002b) , and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA, 2002a). 3 Wage d ata are rounded to the closest penny in this table; however, in calculations using these numbers for this report, unrounded values were used. WORKSHEET 1: ANNUAL RESPONDENT BURDEN/COST ESTIMATES Burden Hours and Costs per Respondent b y Employee Category **Managerial @**  **$ 7**  **3 .**  **4 0**  **Technical**

**@ $**  **64 .**  **35 Clerical** 

**@ $**  **29.46 Total** 

**Hours Total Costs**  Create and gather information 1.50 1.50 $ 96

. 52 Review and report information 0.50 0.50 $ 3 6

. 7 0 Recordkeeping 0.25 0.25 $ 7

. 36 Subtotal 0.50 1.50 0.25 2.25 $ 1 4 0. 5 8 **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 re quest by an EPA employee is estimated from experience at two hours. Hourl y costs for technical support personnel are based upon the salary

for a GS

- 12, step 1 employee of $ 35. 88

. The hourly rates were taken from the U.S. Office of Personnel Management’s 2 0 13 General Schedule for workers with the Washington , D

. C

. locality pay ment. These hourl y estimates were then multiplied by 1.6 to account for benefits (EPA Instructions for Preparing Information Collection Requests, 1 992). Thus th e hourly

cost estimate adju sted for benefits is $ 5 7

. 41 for technical workers

. Assuming the receipt of nine reports , the cost for EPA review is $ 5 16

. 69 . Processing of the forms and entry of the data into EPA computer sy stems is estimated at $ 27 8

. 25 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, 504

. 2 5 . The total Agency cost would be $ 3,02 0

. 94 . 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 repo rts = 20 .25 hoursCosts: $ 1 4 0. 58 /report x 9 repo rts = $1, 265

. 22

(ii) Agency

Burden The total Agency

burden is estimated to be 36 hours. The total Agency

cost is estimated to be $ 3,020

. 94

. (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 change in the total estimated respondent burden from that currentl y 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 b e 2. 25 hour per response. Burden is defined in 5 CFR 1320.3(b). An Agency may not conduct or sponsor such a request and a person or facility is not required to respond to a collection of information unless it displays a currentl y 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 I CR under Docket ID No. EPA

- HQ

OPPT

- 20 13

- 0460 , which is available for online viewing at www.re gulations.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., N.W., Washington, DC. The EPA/DC P ublic Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. 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 an y suggested methods for minimizing respondent burden, including the use of automated collection techniques. Submit your comments, referencing Docket ID No. EPA

- HQ

- OPPT

- 20 13

- 0460 and OMB Control No. 2070

- 0145 , to (1) EPA online using www.regulations.gov (our preferred method), or b y mail to: Pollution Prevention and Toxics Docket, Environmental Protection Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, and ( 2) OMB b y mail to: Office of In formation and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, N.W., Washington, DC 20503.