14 

Revisions to preamble, page 14: 

X. Economic Analysis 

 EPA has evaluated the potential costs of establishing SNUR reporting requirements for 

potential manufacturers and processors of the chemical substance included in this proposed rule 

(Ref. 1). EPA’s economic analysis (Ref. 1), which is briefly summarized here, is available in the 

docket for this proposed rule. 

The costs of submission of a SNUN will not be incurred by any company until a 

company decides to pursue a significant new use as defined in this proposed SNUR. In the event 

that a SNUN is submitted, costs are estimated at approximately $8,000 per SNUN submission, 

and includes the cost for preparing and submitting the SNUN, and the payment of a user fee. 

Businesses that submit a SNUN are either subject to a $2,500 user fee required by 40 CFR 

700.45(b)(2)(iii), or, if they are a small business with annual sales of less than $40 million when 

combined with those of the parent company (if any), a reduced user fee of $100 (40 CFR 

700.45(b)(1)). In its evaluation of this rule, EPA also considered the potential costs a company 

might incur by avoiding or delaying the significant new use in the future, but these costs have not 

been quantified. 

In addition to comments on all aspects of this proposal, the Agency is specifically 

interested in comments and supporting information on the following questions related to 

assumptions used in the Agency's analysis:

• Do you know of any current domestic production of mercury flow meters for the uses 

defined as significant in this rule that EPA missed? If yes, please provide detailed 

information.

• Are mercury flow meters currently available in the market place for the uses defined as 

significant in this rule? If yes, please provide detailed information.

• Does the analysis capture the lost option value of mercury flow meters? If no, please provide 

specific information that you believe should be included.

• Are the costs for preparing and submitting a SNUN comparable to the costs for preparing and 

submitting a PMN? If not, in what ways is it different?

Providing supporting and detailed information for comments on these points will be used 

by EPA to review related assumptions in the economic analysis as it prepares the final rule.

XI. References 

 The following documents are specifically referenced in the preamble for this rulemaking. 

In addition to these documents, other materials may be available in the docket established for this 

rulemaking under Docket ID No. EPA-HQ-OPPT-2008-0483, which you can access through 

www.regulations.gov. Those interested in the information considered by EPA in developing this 

proposed rule, should also consult documents that are referenced in the documents that EPA has 

placed in the docket, regardless of whether the other documents are physically located in the 

docket.

Deleted: including preparation of the 

notification and the user fee 

Deleted: notification

Deleted: As a part of these costs, m

Deleted: ost b

Deleted: would be

Deleted: . S

Deleted: es

Deleted: would be subject to 

Deleted: EPA’s complete economic 

analysis is available in the public docket 

for this proposed rule (Ref. 1).

Deleted: The public docket for this 

action, EPA-HQ-OPPT-2008-0483 

currently includes the following 

documents:
14 

Revision to EA, page 14 at bottom of page: 

5.6 Executive Order 12866: Regulatory Planning and Review 

 Executive Order 12866, entitled Regulatory Planning and Review, gives the Office of 

Management and Budget (OMB) the authority to review regulatory actions that are categorized 

as "significant" under section 3(f) of the Executive Order, i.e., those actions that are likely to 

result in a rule that may:

 (1) Have an annual effect on the economy of $100 million or more or adversely affect in a 

material way the economy, a sector of the economy, productivity, competition, jobs, the 

environment, public health or safety, or State, local or tribal governments or communities; 

 (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by 

another agency; 

 (3) Materially alter the budgetary impacts of entitlements, grants, user fees, or loan programs 

or the rights and obligations of recipients thereof; or 

 (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, 

or the principles set forth in the Executive Order. 

 OMB has determined that this particular SNUR is a significant regulatory action under 

section 3(f)(4) of the Executive Order. EPA therefore submitted the proposal to OMB for review 

under Executive Order 12866 and any changes made in response to OMB recommendations have 

been documented in the docket for this action as required by the Executive Order.

Deleted: requires OMB review for rules 

with an impact on the economy of $100 

million or more, or with any other 

potential significant impact. OMB has 

previously determined that these types of 

SNURs are not a “significant regulatory 

action” that would require OMB review 

under this Executive Order.