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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
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collection requirements associated with SNURs have already been approved by OMB pursuant to the PRA under OMB
control number 20700012 EPA ICR
No. 574. This rule does not impose any burden requiring additional OMB
approval.
The OMB control numbers for EPAs 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. EPA is amending the table in 40 CFR part 9 to list the OMB
approval number for the information collection requirements contained in this action. This listing of the OMB
control numbers and their subsequent codification in the CFR satisfies the display requirements of PRA and OMBs implementing regulations at 5 CFR part 1320. The Information Collection Request ICR covering the SNUR
activities was previously subject to public notice and comment prior to OMB approval, and given the technical nature of the table, EPA finds that further notice and comment to amend it is unnecessary. As a result, EPA finds that there is good cause under section 553b3B of the Administrative Procedure Act 5 U.S.C. 553b3B to amend this table without further notice and comment.
If an entity were to submit a SNUN to the Agency, the annual burden is estimated to average between 30 and 170 hours per response. This burden estimate includes the time needed to review instructions, search existing data sources, gather and maintain the data needed, and complete, review, and submit the required SNUN.
Send any comments about the accuracy of the burden estimate, and any suggested methods for 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 204600001.
Please remember to include the OMB
control number in any correspondence, but do not submit any completed forms to this address.
D. Regulatory Flexibility Act RFA
Pursuant to the RFA section 605b 5
U.S.C. 601 et seq., the Agency hereby certifies that promulgation of these SNURs would not have a significant adverse economic impact on a substantial number of small entities.
The requirement to submit a SNUN
applies to any person including small or large entities who intends to engage in any activity described in the final
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rule as a significant new use. Because these uses are new, based on all information currently available to EPA, EPA has concluded that no small or large entities presently engage in such activities. A SNUR requires that any person who intends to engage in such activity in the future must first notify EPA by submitting a SNUN. Although some small entities may decide to pursue a significant new use in the future, EPA cannot presently determine how many, if any, there may be.
However, EPAs experience to date is that, in response to the promulgation of SNURs covering over 1,000 chemicals, the Agency receives only a small number of notices per year. For example, EPA received 7 SNUNs in Federal fiscal year FY 2013, 13 in FY2014, 6 in FY2015, 10 in FY2016, 14
in FY2017, and 11 in FY2018 and only a fraction of these were from small businesses. In addition, the Agency currently offers relief to qualifying small businesses by reducing the SNUN
submission fee from $16,000 to $2,800.
This lower fee reduces the total reporting and recordkeeping of cost of submitting a SNUN to about $10,116 for qualifying small firms. Therefore, the potential economic impacts of complying with this SNUR are not expected to be significant or adversely impact a substantial number of small entities. In a SNUR that published in the Federal Register of June 2, 1997 62 FR
29684 FRL55971, the Agency presented its general determination that final SNURs are not expected to have a significant economic impact on a substantial number of small entities, which was provided to the Chief Counsel for Advocacy of the Small Business Administration.
E. Unfunded Mandates Reform Act UMRA
Based on EPAs experience with proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reasons to believe that any State, local, or Tribal government will be impacted by this action. As such, EPA has determined that this action does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any effect on small governments subject to the requirements of UMRA sections 202, 203, 204, or 205 2 U.S.C. 1501 et seq..
F. Executive Order 13132: Federalism This action will not have a substantial direct effect on States, on the relationship between the National Government and the States, or on the distribution of power and
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responsibilities among the various levels of government, as specified in Executive Order 13132 64 FR 43255, August 10, 1999.
G. Executive Order 13175: Consultation and Coordination With Indian Tribe Governments This action does not have Tribal implications because it is not expected to have substantial direct effects on Indian Tribes. This action does not significantly nor uniquely affect the communities of Indian Tribal governments, nor does it involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175
65 FR 67249, November 9, 2000, do not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 62 FR 19885, April 23, 1997, because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children.
EPA interprets Executive Order 13045
as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive Order.
I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 66 FR 28355, May 22, 2001, because this action is not expected to affect energy supply, distribution, or use and because this action is not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act NTTAA
In addition, since this action does not involve any technical standards subject to NTTAA section 12d 15 U.S.C. 272
note.
K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action does not entail special considerations of environmental justice related issues as delineated by
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