[Federal Register Volume 61, Number 190 (Monday, September 30, 1996)]
[Notices]
[Pages 51107-51108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25000]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5618-6]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Emergency Planning and Release Notification 
Requirements; Community Right-to-Know Reporting Requirements; Trade 
Secret Claims for Emergency Planning and Community Right-to-Know 
Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et eq.) this notice announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB). Before submitting the ICR to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the proposed information collection as described below. The ICRs are: 
(1) continuing ICR entitled ``Emergency Planning and Release 
Notification Requirements (EPCRA sections 302, 303, and 304),'' (2) 
continuing ICR entitled ``Community Right-to-Know Reporting 
Requirements (EPCRA sections 311 and 312),'' (3) continuing ICR 
entitled ``Trade Secret Claims for Emergency Planning and Community 
Right-to-Know Information.'' 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. The OMB 
control numbers for EPA's regulations are listed in 40 CFR part 9.

DATES: Comments must be submitted on or before November 29, 1996.

ADDRESSES: Submit three copies of all written comments to: Lea Anne 
Gleason (202) 260-7387, fax (202) 260-0927, E-Mail 
[email protected], or John Ferris (202) 260-4043, fax (202) 
260-0927, E-Mail [email protected].
    The above information can also be used to obtain a copy of the ICR 
without charge.

FOR FURTHER INFORMATION CONTACT: Lea Anne Gleason, (202) 260-7387 or 
John Ferris (202) 260-4043, or as above.

SUPPLEMENTARY INFORMATION: Information below is provided for the three 
Information Collection Requests (ICRs):
    Affected entities: Entities potentially affected by this action are 
those who (1) must comply with the emergency planning and emergency 
release notification provisions of EPCRA sections 302, 303, and 304, 
(2) must comply with Right-to-Know provisions of EPCRA requiring 
reporting information about the presence of chemicals and there 
inventories (Sections 311 and 312 of EPCRA) or (3) wish to file a claim 
of trade secrecy of reporting requirements under Sections 322 (trade 
secrets).
    Title: (1) Emergency Planning and Release Notification Requirements 
(EPCRA sections 302, 303, and 304). OMB #2050-0092, EPA ICR #1395.02, 
expiring 01/31/97.
    Abstract: EPCRA established broad emergency planning and facility 
reporting requirements. Section 302 (40 CFR 355.30) requires any 
facility where an extremely hazardous substance (EHS) is present in an 
amount at or in excess of the threshold planning quantity (TPQ) to 
notify the state emergency response commission (SERC) by May 17, 1987. 
This activity has been completed; the section 302 costs and burden 
hours for this ICR, therefore, reflect only the estimate of the cost 
and burden incurred by those additional facilities who come to have an 
EHS in excess of the TPQ during the years 1996 through 1999.
    Section 303 (40 CFR 355.30) requires local emergency planning 
committees (LEPCs) to prepare emergency plans. Facilities subject to 
section 302 are required to provide local planners with information 
necessary for the preparation of these emergency plans. In addition, 
the facilities are required to inform LEPCs of any relevant changes in

[[Page 51108]]

chemical use or production that may effect the emergency plans. Section 
303 requires LEPCs to complete their emergency plans by October 17, 
1988. This ICR therefore reflects the costs attributable to the 
requirement of annually updating the local emergency response plans.
    Section 304 (40 CFR 355.40) requires facilities to report to SERCs 
and LEPCs releases of EHSs and hazardous substances in excess of 
reportable quantities established by EPA. In addition, facilites must 
provide a written follow-up report providing additional information on 
the release, its impacts and any actions taken in response to the 
release.
    Title: (2) Community Right-to-Know Reporting Requirements, (EPCRA 
sections 311/312). OMB #2050-0072, EPA ICR #1352.03, expiring 01/31/97.
    Abstract: Section 311 requires that the owner or operator of any 
facility which is required to prepare or have available a material 
safety data sheet (MSDS) for a hazardous chemical under OSHA 
regulations shall submit an MSDS for each such chemical, or list of 
chemicals, to the LEPC, SERC and local fire department. This submittal 
allows both local emergency planners/responders and the community to 
have information regarding the hazards of chemicals use at the 
facility.
    Section 312 requires the same owners or operators of facilities to 
report annually the inventories of the chemicals reported under section 
311. Section 312(g) requires EPA to publish emergency and hazardous 
chemical inventory forms for use by facilities subject to this section. 
In final rules published in the Federal Register on October 15, 1987, 
and July 26, 1990, EPA published the two ``formats'' required under 
EPCRA. Tier 1 is the minimum amount of information to comply with the 
section. Using Tier 1, facilities aggregate reportable chemicals by 
hazard type and provide the quantities and locations of the chemicals. 
The Tier II form provides chemical specific information, and only needs 
to be submitted (in lieu of Tier I) if specifically 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 this information to supplement the emergency 
planning requirements under section 303 of EPCRA. Availability of the 
information through ``community right-to-know'' enables the public to 
understand the presence and 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.
    Title: (3) Trade Secrets under EPCRA, SARA Title III, sections 322. 
OMB Control # 2005-0078, EPA ICR # 1428.03, expiring 02/28/97.
    Abstract: Section 322 of Title III allows a facility to withhold 
the specific chemical identity from Title III reports required under 
Sections 302, 304, 311, 312 and 313 of the statute, if the facility 
asserts a claim of trade secrecy for that chemical identity. The 
provision establishes the requirements and procedures that facilities 
must follow to request trade secrecy treatment of chemical identities, 
as well as the procedures for submitting public petitions to the Agency 
for review of the ``sufficiency'' of trade secrecy claims.
    Congress's intent in writing trade secrecy provisions under Title 
III was to balance industry's concern with the protection of legitimate 
trade secrets with communities' right-to-know chemical identification 
information, by establishing procedures for asserting claims, for the 
public to obtain review of their validity, and for an Agency claim 
review process which eliminates legally invalid and frivolous claims.
    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. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
    For all ICR claims listed above, the EPA would like to solicit 
comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    In particular, EPA is seeking comments on its assumption in ICR 
#1395.03 that 10% of facilities would contact LEPCs about changes on a 
yearly basis, that 5% provide additional information, and that portions 
of release reports are routinely provided as part of other (e.g. 
police) reports and thus excluded from the burden estimate as customary 
and usual. Also, EPA is seeking comment on (1) its assumption in ICR 
#1352.04 that 5% of facilities need to update their 311 submittal 
annually and (2) the time it takes to respond to public comments.
    Burden Statement: For (1) Reporting Requirements under EPCRA 
Sections 302, 303, and 304, EPA estimated in 1995 that 31,556 
facilities are subject to these sections. The average annual burden for 
all facilities together was estimated to be 175,941 hours, at a cost of 
$9,934,106. Associated state and local average annual burden is 
estimated to be  796,721  hours  at  a  cost  of  $17,791,240.
    Burden Statement: For (2) Reporting Requirements under EPCRA 
Sections 311 and 312 EPA estimates the number of manufacturing and non-
manufacturing facilities covered under Sections 311 and 312 to be 
866,285. The average annual burden for all facilities together was 
estimated in 1995 to be 2,952,765 hours, at a cost of $159,501,922, 
with associated State and local average annual burden to be 2,987 
hours, at a cost of $48,058.
    Burden Statement: For (3) Trade Secrets claims under sections 322, 
EPA estimated in 1993 that in 1996 there would be a total of 469 trade 
secret claims requiring a burden of 14,759 hours at a cost of $700,490.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.

    Dated: September 16, 1996.
Jim Makris,
Director, CEPPO.
[FR Doc. 96-25000 Filed 9-27-96; 8:45 am]
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