[Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
[Notices]
[Page 35201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16559]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5255-2]


Agency Information Collection Activities Under OMB Review

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the Information Collection Request 
(ICR) abstracted below has been forwarded to the Office of Management 
and Budget (OMB) for review and comment. The ICR describes the nature 
of the information collection and its expected cost and burden; where 
appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before August 7, 1995.

FOR FURTHER INFORMATION CONTACT:
Sandy Farmer at EPA, (202) 260-2740, please refer to EPA ICR #1352.03.

Office of Solid Waste and Emergency Response

    Title: Community Right-to-Know Reporting Requirement (EPCRA 
sections 311 and 312)--EPA #1352; OMB #2050-0072.
    Abstract: Section 311 of the Emergency Planning and Community 
Right-to-Know Act (EPCRA) allows the public to have access to the same 
Material Safety Data Sheets (MSDSs) as facilities provide for their 
employees. In order to have to report, a facility must be required to 
have or maintain MSDSs for hazardous chemicals under the Hazard 
Communication Standard of the Occupational Safety and Health 
Administration (OSHA). The owner and/or operator of the facility would 
need to submit the MSDS (or a list of subject chemicals) to their state 
emergency response commission (SERC), their local emergency planning 
committee (LEPC) and their local fire department for all hazardous 
chemicals it has over the reporting thresholds. The current reporting 
thresholds are 10,000 pounds unless the chemical is specifically listed 
as an extremely hazardous substance under EPCRA section 302, whereby 
the reporting threshold becomes 500 pounds or the threshold planning 
quantity (TPQ), whichever is less.
    This one-time requirement was due October 17, 1987. However, 
facilities need to submit updates to the list or MSDSs, within three 
months, when a hazardous chemical comes on-site above the reporting 
threshold. If significant new information arises concerning a 
previously submitted MSDS, a facility must submit the revised MSDS. 
Additionally, if the SERC or LEPC receives a request, the facility 
needs to provide the MSDS even if the hazardous chemical is stored 
below the reporting threshold.
    Section 312 of EPCRA requires EPA to publish two Emergency and 
Hazardous Chemical Inventory Forms known as ``Tier I'' and ``Tier II.'' 
A facility that needs to submit the MSDSs or list in section 311, needs 
to submit a Tier I Form annually on March 1, incorporating the 
chemicals reported under section 311. These Tier I Forms are submitted 
to the SERC, LEPC and local fire department.
    The Tier I form includes the following information as required by 
the statute:
     An estimate in ranges of the maximum amount of hazardous 
chemicals in each hazard category present at the facility at any time 
during the previous year;
     An estimate in ranges of the average daily amount of 
hazardous chemicals in each hazard category.
    EPA has added the following information by regulation:
     Primary SIC code and Dunn and Bradstreet Number (added to 
facilitate entering and sorting the information on a computer).
     Two emergency contacts (added to give SERCs, LEPCs and 
fire departments a contact at the facility who could clarify 
information at any time, particularly in the event of an emergency).
     Number of days on-site produces a more accurate figure for 
average daily amount, particularly for those chemicals that are on-site 
for only a short period of time each year.
    The Tier II Form requires facilities to provide chemical specific 
inventory information. It only needs to be submitted if it requested by 
the SERC or LEPC.
    Section 311 allows emergency responders to know the hazards 
associated with the facility's chemicals before they come on-site.
    Local planners can use their information to supplement the 
emergency planning requirements under section 303 of EPCRA. The 
community is allowed to have this information under ``community right-
to-know,'' in a way to allow the community to understand the hazards of 
chemicals in their community.
    The annual inventory under section 312 of EPCRA is used in 
conjunction with the information provided under section 311 to link the 
quantity and location of chemicals with the hazards associated with the 
chemicals.
    Burden Statement: The average reporting burden for regulated 
facilities is estimated to be 2,952,764 hours. This estimate includes 
determination of reporting obligation, submission of MSDSs (or list), 
and the development and submission of Tier I and Tier II forms.
    The average burden on states and local communities (SERCs and 
LEPCs) is estimated to be 2,987 hours. This estimate includes providing 
MSDSs and Tier I/Tier II forms upon request.
    Respondents: All states are required to create state emergency 
response commissions (SERCs) and local emergency planning committees 
(LEPCs). Both the manufacturing and non-manufacturing sectors are 
subject to these requirements.
    Estimated No. of Respondents: 869,809 (866,285 facilities, 3,524 
state/local communities).
    Estimated Number of Responses Per Respondent: 1.
    Frequency of Collection: Annual.
    Estimated Total Annual Burden Costs: 2,955,751 hours.
    Send comments regarding the burden estimate, or any other aspect of 
this information collection, including suggestions for reducing the 
burden, (please refer to EPA ICR #1352.03) to:

Sandy Farmer, EPA ICR #1352.03, U.S. Environmental Protection Agency, 
Regulatory Information Division (2136), 401 M Street SW., Washington, 
DC 20460.

      and

Jonathan Gledhill, Office of Management and Budget, Office of 
Information and Regulatory Affairs, 725 17th Street NW., Washington, DC 
20530.
    Dated: June 29, 1995.
Joseph Retzer,
Director, Regulatory Information Division.
[FR Doc. 95-16559 Filed 7-5-95; 8:45 am]
BILLING CODE 6560-50-M