[Federal Register Volume 66, Number 25 (Tuesday, February 6, 2001)]
[Notices]
[Pages 9079-9080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3088]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6942-2]


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 1352.08. This ICR 
renews a previously approved ICR No. 1352.07 (expires August 31, 2001, 
OMB Control Number 2050-0072). 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 April 9, 2001.

ADDRESSES: U.S. Environmental Protection Agency, Chemical Emergency 
Preparedness and Prevention Office (Mailcode 5104A), 1200 Pennsylvania 
Avenue, NW, 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, 202-564-8019, fax no. 202-
564-8233, or e-mail: [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 
Communication 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 and Community Right-to-
Know Act (EPCRA), EPA ICR Number 1352.08.
    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, specified in 40 CFR 
part 370) 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 requirements 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 $166 
million, with an associated state and local burden of 401,100 hours at 
a cost of $8.1 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

[[Page 9080]]

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: January 25, 2001.
Jim Makris,
Director, Chemical Emergency Preparedness and Prevention Office.
[FR Doc. 01-3088 Filed 2-5-01; 8:45 am]
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