[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Notices]
[Page 61634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29585]



[[Page 61634]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6474-2]


Agency Information Collection Activities: Submission for OMB 
Review; 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 the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Community Right-to-Know 
Reporting Requirements under sections 311 and 312 of the Emergency 
Planning and Community Right-to-Know Act (EPCRA), OMB Control Number 
2050-0072, expiring January 31, 2000. The ICR describes the nature of 
the information collection and its expected burden and cost; where 
appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before December 13, 1999.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone at (202) 
260-2740, by email at [email protected], or download a copy 
of the ICR off the Internet at http://www.epa.gov/icr and refer to EPA 
ICR No. 1352.07.

SUPPLEMENTARY INFORMATION:
    Title: Community Right-to-Know Reporting Requirements under 
sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act (EPCRA), OMB Control Number 2050-0072, EPA ICR No. 1352.07 
expiring January 31, 2000. This information collection is an extension 
of a currently approved collection.

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. 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 
Federal Register document required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on August 5, 
1999 (64 FR 42689); three commenters submitted comments on this 
information collection.
    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 requirements for 
facilities under EPCRA sections 311 and 312 although it is assumed that 
they will maintain a copy of annual reports to use for future filings. 
The recordkeeping for MSDSs is mandated under OSHA rules.
    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 managing 
and maintaining the reports and MSDS files is estimated to be 32.25 
hours. The average burden for maintaining and updating a 312 database 
is estimated to be 320 hours.
    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.
    Respondents/Affected Entities: Owners and operators of facilities 
subject to OSHA HCS.
    Estimated Number of Respondents: 563,460.
    Frequency of Response: Section 311 respondents will have to comply 
with requirements only once, unless a new chemical is present above 
threshold quantity. Section 312 respondents will have to comply with 
the requirements annually.
    Estimated Total Annual Hour Burden: 1,873,800 hours.
    Estimated Total Annualized Capital and Operating & Maintenance Cost 
Burden: $6,403,600.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the following addresses. Please 
refer to EPA ICR No. 1352.07 and OMB Control No. 2050-0072 in any 
correspondence.
    Ms. Sandy Farmer, U.S. Environmental Protection Agency, Office of 
Policy, Regulatory Information Division (2137), 401 M Street, SW., 
Washington, DC 20460;

and
    Office of Information and Regulatory Affairs, Office of Management 
and Budget, Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

    Dated: November 5, 1999.
Richard T. Westlund,
Acting Director, Regulatory Information Division.
[FR Doc. 99-29585 Filed 11-10-99; 8:45 am]
BILLING CODE 6560-50-P