Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 10781 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2021–0849; FRL–9311–01– 

OCSPP] 

Revocation of 1980 Guidelines and 

Final Opportunity To Submit a Request 

To Correct the Initial Report Filed for 

the Original Toxic Substances Control 

Act (TSCA) Inventory of Chemical 

Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is revoking the 1980 

guidelines and associated procedures 

for correcting the specific chemical 

identities of incorrectly described 

chemical substances submitted to EPA 

in 1978 using the original reporting 

form for inclusion on the Toxic 

Substances Control Act (TSCA) 

Chemical Substance Inventory 

(Inventory). In so doing, the Agency is 

providing a final opportunity to use the 

1980 guidelines and form to request 

corrections of Inventory listings to 

address errors with the chemical 

identities submitted in the original 

reporting forms. The regulated 

community will have 60 days from the 

date of this notice to submit any final 

Inventory corrections. EPA is also 

announcing the discontinuation of the 

related form and associated approval of 

the collection activities under the 

Paperwork Reduction Act (PRA). 

DATES: The revocation is effective May 

31, 2022. All final Inventory corrections 

must be received on or before April 26, 

2022. 

ADDRESSES: Final corrections must be 

submitted by mail to the Office of 

Pollution Prevention and Toxics 

Confidential Business Information 

Center (7407M), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001 

or by courier to the Office of Pollution 

Prevention and Toxics Confidential 

Business Information Center, 

Environmental Protection Agency, 1201 

Constitution Avenue NW, WJC East; 

Room 6428, Washington, DC 20004– 

3302; (202) 564–8930. The docket for 

this action, identified by docket 

identification (ID) number EPA–HQ– 

OPPT–2021–0894, is available online at 

http://www.regulations.gov. Please note 

that due to the public health concerns 

related to COVID–19, the EPA/Docket 

Center and Reading Room is open to 

visitors by appointment only. For the 

latest status information on the EPA/DC 

and docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Alexandria Stanton, New Chemicals 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460; 

telephone number: 202–564–5574; 

email address: stanton.alexandria@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be affected by this action if 

you are a manufacturer or importer of a 

chemical substance who incorrectly 

reported to the original TSCA Inventory 

published in 1979, or its revision 

published in 1980, via an original 

Inventory reporting form, and added to 

the Inventory with an incorrect specific 

chemical identity. The following North 

American Industrial Classification 

System (NAICS) codes are not intended 

to be exhaustive, but rather provide a 

guide to help readers determine whether 

this action may apply to them: 

• Chemical manufacturing or 

processing (NAICS code 325). 

• Petroleum and Coal Products 

Manufacturing (NAICS code 324). 

If you have questions regarding the 

applicability of this action to a 

particular entity, consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What action is the Agency taking? 

EPA will be discontinuing processing 

Inventory Corrections, withdrawing its 

Inventory Correction guidelines 

published in the Federal Register of 

July 29, 1980 (45 FR 50544), and 

phasing out the accompanying 

procedures by which a person who 

submitted an incorrectly identified 

chemical substance on an original 

Inventory reporting form, or a legal 

successor, may request a correction of 

that Inventory listing. The phase-out 

period for correction requests ends on 

April 26, 2022. 

During the phase-out period persons 

may wish to review their original 

Inventory submissions for any 

remaining incorrectly described 

chemical substances and submit 

correction requests. Correction requests 

must be complete and meet the 

correction guidelines published in 1980. 

Correction requests that are incomplete 

or that are ineligible according to the 

1980 guidelines will be rejected by EPA. 

Correction requests that are complete 

and eligible will be accepted by the 

Agency, and the corrected specific 

chemical identities will be added to the 

Inventory. Any outstanding correction 

requests already received by EPA at the 

time of publication of this notice for 

which the Agency has requested but not 

yet received additional information in 

order to be able to process the request 

will have until April 26, 2022 to provide 

the information and complete the 

request. 

After April 26, 2022, EPA does not 

intend to accept requests to correct 

original Inventory reporting forms. If, 

after April 26, 2022, a person discovers 

for any reason an error in the specific 

chemical identity of a chemical 

substance submitted on an original 

Inventory reporting form, a 

Premanufacture Notice (PMN) or 

exemption notice may need to be filed 

if the chemical substance is not already 

listed on the TSCA Inventory. 

This action does not impact EPA’s 

authority for initiating, at its discretion, 

corrections to the Inventory should the 

Agency determine on its own that, for 

example, a chemical substance listed on 

the Inventory has been unintentionally 

misidentified. Only in this situation will 

EPA, at its discretion, request and 

accept documentation from a company 

to support an Inventory correction in 

lieu of requiring a PMN or exemption 

notice. This action also does not impact 

EPA’s regular maintenance of the 

Inventory that can include 

nomenclature updates and correcting 

minor errors to listings. EPA notes that 

the Inventory corrections 1980 

guidelines and associated phase-out 

period do not apply to requests for 

corrections to PMN submissions. If a 

PMN submitter becomes aware of a 

material error in a PMN submission 

currently under review by EPA, the 

submitter must timely inform EPA 

pursuant to 40 CFR 720.40(f). EPA will 

not grant requests to correct a specific 

chemical identity reported in a PMN 

submission after the applicable review 

period has ended. 

C. What is the Agency’s authority for 

taking this action? 

TSCA section 5 requires any person 

who intends to manufacture (including 

import) a new chemical substance for a 

non-exempt commercial purpose to 

notify EPA at least 90 days in advance. 

TSCA section 8(b) requires EPA to 

compile, keep current, and publish a list 

(i.e., the TSCA Inventory) of each 

chemical substance that is 

manufactured or processed in the 

United States. 

D. Why is EPA taking this action? 

It has become increasingly evident 

that the 1980 guidelines have outlived 

the purpose for which they were 

intended. Furthermore, the Agency 


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10782 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 

understands that the passage of time is 

also making it more difficult for the 

original submitters or their legal 

successors to provide the necessary 

documentation supporting a request for 

a correction. Persons have had more 

than 40 years since the 1980 publication 

of the revised Inventory and the 

correction guidelines to discover 

inadvertent, good faith errors on original 

Inventory reporting forms. 

E. What is the incremental economic 

impact of this action? 

The EPA considered the incremental 

costs and benefits associated with this 

action, and the EPA estimates there will 

be a burden reduction for both 

respondents and the Agency with the 

elimination of reporting and 

recordkeeping requirements associated 

with submission, form completion, 

recordkeeping, and CBI substantiation. 

The EPA estimates a burden reduction 

for respondents of $3,030 (2016 wage 

rates) based on the currently approved 

Information Collection Request (ICR) 

OMB Control No. 2070–0145 (EPA ICR 

No. 1741.08). This action will also 

reduce Agency costs of $3,574 (2016 

wage rates) associated with this 

collection, which 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. 

II. Background 

A. What is the original Inventory 

reporting requirement? 

In accordance with the TSCA section 

8(b) requirement, EPA promulgated the 

Inventory Reporting Regulations at 40 

CFR part 710 on December 23, 1977 (42 

FR 64572; FRL 817–1), which governed 

the reporting requirements for, and the 

scope of, the chemical substances to be 

included on the original TSCA 

Inventory. The reporting requirements 

included a 1975 to 1978 reporting 

period for chemical substances in U.S. 

commerce at that time and a 1978 

submission period to report such 

chemicals on one of five original 

Inventory reporting forms. 

B. What are the 1980 guidelines for 

correcting errors in original reports? 

Following the 1978 TSCA Inventory 

submission period, EPA recognized that 

a considerable number of chemical 

substances submitted for inclusion on 

the original Inventory, published in 

1979, and its revision published in 

1980, could unintentionally have been 

described incorrectly by persons 

reporting them. These errors could have 

happened as a result of typographical or 

transcriptional errors, the inadvertent 

(good faith) technical misidentification 

of chemical substances, or the lack of 

sufficient technical or analytical 

capabilities to fully characterize the 

exact chemical identities of some 

chemical substances. 

Although not required to do so under 

TSCA, EPA decided to provide a 

mechanism for submitters to request 

corrections of specific chemical identity 

errors found on their original Inventory 

reporting forms. In the Federal Register 

of July 29, 1980 (45 FR 50544; FRL– 

1554–3), the Agency announced the 

availability of the revised TSCA 

Inventory and 1980 guidelines on how 

to request corrections of incorrectly 

described chemical substances. The 

1980 guidelines identify the types of 

correction requests that were eligible to 

be submitted and the documentation 

that should accompany each type of 

request. The 1980 guidelines apply to 

incorrectly described chemical 

substances submitted on original 

Inventory reporting forms and included 

on the original 1979 Inventory and its 

1980 revision. 

The 1980 guidelines provided 

industry with a relatively easy 

mechanism to correct unintentional 

chemical identity errors made on 

original Inventory reporting forms 

without having to interrupt manufacture 

and submit a PMN or exemption notice 

under TSCA section 5. As a result, the 

1980 guidelines were widely used to 

request corrections to original Inventory 

listings, with requests decreasing over 

time. EPA accepted a large number of 

correction requests, particularly at first, 

and added the correct specific chemical 

identities to the Inventory, which to a 

certain extent has helped the Agency to 

maintain an accurate Inventory of 

existing chemicals. However, the 1980 

guidelines failed to include a time 

period during which requests for 

corrections to the Inventory could be 

submitted. It was never EPA’s intent to 

establish a correction mechanism that 

would be open-ended in time, lasting 

for decades. 

III. Rationale 

It has become increasingly evident 

that the 1980 guidelines have outlived 

the purpose for which they were 

intended. Furthermore, the Agency 

understands that the passage of time is 

also making it more difficult for the 

original submitters or their legal 

successors to provide the necessary 

documentation supporting a request for 

a correction. Original submitters of 

original Inventory reporting forms or 

their legal successors often are unable to 

provide the supporting documentation 

to substantiate their assertion that the 

chemical identity was incorrect on the 

original reporting form, which is 

necessary for EPA to accept that a 

correction is appropriate. The lack of 

adequate original submitter 

documentation has been a major 

concern and obstacle for EPA in 

reviewing and accepting correction 

requests. In order for EPA to accept a 

correction request, the requester must 

provide certain original company 

records documenting what was known 

about the specific chemical identity of 

the chemical substance during the 1975 

to 1978 original Inventory reporting 

period, as well as the specific nature of 

the errors contained in the original 

Inventory reporting form. 

The Agency also understands that the 

Inventory correction request process 

may be used improperly by entities 

attempting to avoid submission of a 

PMN or exemption notice for a new 

chemical substance. An example of such 

an improper use would be a request to 

change the specific chemical identity of 

a chemical substance correctly 

submitted on an original Inventory 

reporting form, and correctly listed on 

the original Inventory or its revision, in 

order to include on the current 

Inventory a different specific chemical 

identity that was the result of a change 

in the manufacture of the original 

chemical substance. The manufacturing 

change may be due to a change in the 

supply of a feedstock, a change in a 

performance requirement of the end 

product, or a change in the commercial 

intentions of the end product. In these 

situations where the original chemical 

substance was correctly submitted on an 

original Inventory reporting form, but at 

a later point in time a new and different 

chemical substance was being 

manufactured or imported in its place, 

some persons have requested Inventory 

corrections that are ineligible under the 

1980 guidelines. These situations 

require the submission of a PMN or 

exemption notice for the new chemical 

substances not previously reported. 

Persons have had more than 40 years 

since the 1980 publication of the revised 

Inventory and the correction guidelines 

to discover inadvertent, good faith 

errors on original Inventory reporting 

forms. In addition, persons have had 

nine specific opportunities over more 

than thirty years to review their 

Inventory listings during the six 

Inventory Update Rule submission 

periods in 1986, 1990, 1994, 1998, 2002, 

and 2006, followed by the three 

Chemical Data Reporting rule 

submission periods in 2012, 2016, and 

2020. Additionally, the Notice of 


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Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 10783 

Activity reporting in 2017 through 2018 

provided an opportunity for 

comprehensive Inventory listing review. 

Persons have had more than sufficient 

time and opportunity to review their 

Inventory listings and request Inventory 

corrections for eligible situations. 

Moreover, the Agency currently receives 

few requests, many of which are 

rejected or otherwise cannot be 

processed for the reasons described 

above. The Agency therefore believes 

that continuing to allow Inventory 

corrections will not improve the 

accuracy of the Inventory. As a result, 

EPA is taking this action to end 

company-requested Inventory 

corrections. 

IV. Paperwork Reduction Act 

According to the PRA, 44 U.S.C. 3501 

et seq., an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under the 

PRA, unless it has been approved by 

OMB and displays a currently 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. 

This document does not contain any 

new information collection 

requirements that would require 

additional OMB review and approval. 

The information collection activities 

related to the potential submission of 

information pursuant to TSCA section 5 

already has been approved by OMB 

under OMB Control No. 2070–0145 

(EPA ICR No. 1741.08). The annual 

respondent burden for this information 

collection activity is estimated to 

average 39 hours per respondent, 

including time for reading the 

regulations, processing, compiling and 

reviewing data, storing, filing, and 

maintaining the data. For additional 

details, please see the Information 

Collection Request document that is 

available in the docket. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for further 

minimizing respondent burden, 

including through the use of automated 

collection techniques, to the Director, 

Regulatory Support Division, Office of 

Mission Support (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

inventory corrections or related 

questions to this address. 

Authority: 15 U.S.C. 2604. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2022–04044 Filed 2–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2021–0287; FRL–9612–01– 

OMS] 

Information Collection Request 

Submitted to OMB for Review and 

Approval; Comment Request; 

Certification of Pesticide Applicators 

(Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has submitted an 

information collection request (ICR), 

Certification of Pesticide Applicators 

(EPA ICR No. 2499.03, OMB Control No. 

2070–0196) to the Office of Management 

and Budget (OMB) for review and 

approval in accordance with the 

Paperwork Reduction Act. The is a 

proposed extension of the ICR, which is 

currently approved through February 

28, 2022. Public comments were 

previously requested via the Federal 

Register on June 30, 2021 during a 60- 

day comment period. This notice allows 

for an additional 30 days for public 

comments. A fuller description of the 

ICR is given below, including its 

estimated burden and cost to the public. 

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. 

DATES: Additional comments must be 

received on or before March 28, 2022. 

ADDRESSES: Submit your comments to 

EPA, referencing Docket ID No. EPA– 

HQ–OPP–2021–0287, online using 

www.regulations.gov (our preferred 

method), by email to siu.carolyn@

epa.gov, or by mail to: EPA Docket 

Center, Environmental Protection 

Agency, Mail Code 28221T, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460. 

EPA’s policy is that all comments 

received will be included in the docket 

without change, including any personal 

information provided, unless the 

comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI), or other 

information whose disclosure is 

restricted by statute. 

Submit written comments and 

recommendations to OMB for the 

proposed information collection within 

30 days of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Siu, Regulatory Support 

Branch, Office of Chemical Safety and 

Pollution Prevention, Environmental 

Protection Agency (Mailcode: 7101M), 

1200 Pennsylvania Ave. NW, 

Washington, DC 20460; telephone 

number: (202) 566–1205; email address: 

siu.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents, which explain 

in detail the information that the EPA 

will be collecting, are available in the 

public docket for this ICR. The docket 

can be viewed online at 

www.regulations.gov or in person at the 

EPA Docket Center, WJC West, Room 

3334, 1301 Constitution Ave. NW, 

Washington, DC. The telephone number 

for the Docket Center is 202–566–1744. 

For additional information about EPA’s 

public docket, visit http://www.epa.gov/ 

dockets. 

Abstract: EPA administers 

certification programs for pesticide 

applicators under section 11 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), 7 U.S.C. 136 

et seq. FIFRA allows EPA to classify a 

pesticide as ‘‘restricted use’’ if the 

pesticide meets certain toxicity or risk 

criteria. The regulations in 40 CFR part 

171 include procedures for certification 

programs for States, Federal agencies, 

Indian tribes, or U.S. territories who 

wish to develop and implement their 

own certification plans and programs, 

after obtaining EPA approval. This ICR 

addresses the information collection 

activities contained in the final rule 

revisions to 40 CFR part 171, issued in 

the Federal Register on January 4, 2017 

(82 FR 952) (FRL–9956–70). The ICR 

estimates the incremental burden of the 

changes that were not already included 

in the ICR entitled ‘‘Certification of 

Pesticide Applicators’’ as approved 

under OMB No: 2070–0029. 

The final rule revised 40 CFR part 171 

to include new and revised standards 

for certification for commercial and 

private applicators, provisions for 

recertification of applicators, and 

training for noncertified applicators 

applying restricted use pesticides 

(RUPs) under the supervision of 

certified applicators. The rule also 

includes changes to improve the clarity 


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