[Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
[Notices]
[Page 50280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24165]



[[Page 50280]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6439-6]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Trade Secret Claims for Emergency Planning and 
Community Right-to-Know (EPCRA Section 322)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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): Trade Secret Claims for Emergency 
Planning and Community Right-to-Know (EPCRA Section 322) EPA ICR Number 
1428.05. This ICR renews a previously approved ICR No. 1428.04 (expires 
March 31, 2000, OMB Control Number 2050-0078). 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 November 16, 1999.

FOR FURTHER INFORMATION CONTACT: Interested persons may obtain a copy 
of the ICR without charge by contacting Sicy Jacob, Chemical Emergency 
Peparedness and Prevention Office, SW, Washington DC 20460, 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 who wish to file a claim of trade secrecy of reporting 
requirements under Section 322 of EPCRA. Entities may include chemical 
manufacturers, non-chemical manufacturers, petroleum refineries, etc.
    Title: Trade Secret Claims for Emergency Planning and Community 
Right-to-Know (EPCRA Section 322), EPA ICR Number 1428.05.
    Abstract: This information collection request pertains to trade 
secrecy claims submitted under Section 322 of the Emergency Planning 
and Community Right-to-Know Act of 1986 (EPCRA). EPCRA contains 
provisions requiring facilities to report to State and local 
authorities, and EPA, the presence and release of extremely hazardous 
substances (described in Sections 302 and 304), inventory of hazardous 
chemicals (described in Sections 311 and 312) and manufacture, process 
and use of toxic chemicals (described in Section 313). Section 322 of 
EPCRA allows a facility to withhold the specific chemical identity from 
these EPCRA reports if the facility asserts a claim of trade secrecy 
for that chemical identity. The provision establishs 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.
    Trade secrecy protection is provided for specific chemical 
identities contained in reports submitted under each of the following 
EPCRA sections: (1) 303(d)(2)--Facility notification of changes that 
have or are about to occur, (2) 303(d)(3)--Local Emergency Planning 
Committee (LEPC) requests for facility information develop or implement 
emergency plans, (3) 311--Material Safety Data Sheets (MSDSs) submitted 
by facilities, or lists of those chemicals submitted in place of the 
MSDSs, (4) 312--Tier II emergency and hazardous chemical inventory 
forms, and (5) 313--Toxic chemical release inventory forms.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless is 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 annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 9.9 
hours per claim. The total annual burden for the respondents is 3,121 
hours at a cost of $190,280. 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 10, 1999.
Jim Makris,
Director, Chemical Emergency Preparedness and Prevention Office.
[FR Doc. 99-24165 Filed 9-15-99; 8:45 am]
BILLING CODE 6560-50-M