[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Notices]
[Pages 42688-42689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20203]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6413-8]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Community Right-to-Know Reporting Requirements Under 
Sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act (EPCRA)

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 seq.), this document announces that EPA is planning to submit the 
following proposed Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Community Right-to-Know Reporting 
Requirements under Sections 311 and 312 of the Emergency Planning and 
Community Right-to-Know Act (EPCRA), EPA ICR Number 1352.07. This ICR 
renews a previously approved ICR No. 1352.04 (expires January 31, 2000, 
OMB Control Number 2050-0072). On February 11, 1999 (64 FR 7031), EPA 
revised sections 311 and 312 of EPCRA and amended the ICR (see ICR No. 
1356.06). 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.

DATES: Comments must be submitted on or before October 4, 1999.

ADDRESSES: Chemical Emergency Preparedness and Prevention Office, SW, 
Washington DC 20460. Interested persons may obtain a copy of the ICR 
without charge by contacting the person in FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, 202-260-7249, fax no. 202-
260-0927, or e-mail: Jacob.S[email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those facilities required to prepare or have available an MSDS for a 
hazardous chemical under the Hazard Communica-tion Standard (HCS) of 
the Occupational Safety and Health Administration. Entities more likely 
to be affected by this action may include chemical, non-chemical 
manufacturers, retailers, petroleum refineries, utilities, etc.
    Title: Community Right-to-Know Reporting Requirements under 
Sections 311 and 312 of the Emergency Planning

[[Page 42689]]

and Community Right-to-Know Act (EPCRA), EPA ICR Number 1352.07.
    Abstract: The authority for these requirements is sections 311 and 
312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 
1986 (42 U.S.C. 11011, 11012). EPCRA Section 311 requires owners and 
operators of facilities subject to OSHA HCS to submit a list of 
chemicals or MSDSs (for those chemicals that exceed thresholds, 
specified in 40 CFR Part 370) to the State Emergency Response 
Commission (SERC), Local Emergency Planning Committee (LEPC) and the 
local fire department (LFD) with jurisdiction over their facility. This 
is a one-time requirement unless a new facility becomes subject to the 
regulations or updating the information by facilities that are already 
covered by the regulations. EPCRA Section 312 requires owners and 
operators of facilities subject to OSHA HCS to submit an inventory form 
for those chemicals that exceed the thresholds to the SERC, LEPC, and 
LFD with jurisdiction over their facility. This activity is to be 
completed on March 1 of each year, on the inventory of chemicals in the 
previous calendar year.
    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.
    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.
    Burden Statement: The average burden for MSDS reporting under 40 
CFR 370.21 is estimated at 1.6 hours for new and newly regulated 
facilities and approximately 0.6 hours for those existing facilities 
that obtain new or revised MSDSs or receive requests for MSDSs from 
local governments. For new and newly regulated facilities, this burden 
includes the time required to read and understand the regulations, to 
determine which chemicals meet or exceed reporting thresholds, and to 
submit MSDSs or lists of chemicals to SERC, LEPCs, and local fire 
departments. For existing facilities, this burden includes the time 
required to submit revised MSDSs and new MSDSs to local officials. The 
average reporting burden for facilities to perform Tier I or Tier II 
inventory reporting under 40 CFR 370.25 is estimated to be 
approximately 3.1 hours per facility, including the time to develop and 
submit the information. There are no recordkeeping require-ments for 
facilities under EPCRA sections 311 and 312.
    The average burden for state and local governments to respond to 
requests for MSDSs or Tier II information under 40 CFR 370.30 is 
estimated to be 0.17 hours per request. The average burden for state 
and local governments for managing and maintaining the reports is 
estimated to be 32.25 hours. The average burden for maintaining and 
updating the 312 database is 320 hours. The total burden to facilities 
over the three-year information collection period is estimated to be 
5,182,000 hours, at a cost of $164 million, with an associated state 
and local burden of 439,000 hours at a cost of $8.4 million.
    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: July 30, 1999.
David Speights,
Acting Director, Chemical Emergency Preparedness and Prevention Office.
[FR Doc. 99-20203 Filed 8-4-99; 8:45 am]
BILLING CODE 6560-50-P