[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Notices]
[Pages 42654-42655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20388]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7031-2]


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 August 31, 2001. 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 September 13, 2001.

ADDRESSES: Send comments, referencing EPA ICR No.1352.08 and OMB 
Control No. 2050-0072, to the following addresses: Sandy Farmer, U.S. 
Environmental Protection Agency, Collection Strategies Division (Mail 
Code 2822), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; and to 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: For a copy of the ICR contact Sandy 
Farmer at EPA by phone at (202) 260-2740, by E-mail at 
[email protected], or download off the Internet at http://www.epa.gov/icr and refer to EPA ICR No. 1352.08. For technical 
questions about the ICR, contact Sicy Jacob, Chemical Emergency 
Preparedness and Prevention Office, (202) 564-8019.

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. 2050-0072, 
expiring August 31, 2001. This is a request for 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 the Occupational Safety and Health 
Administration Hazard Communications Standard (OSHA HCS) to submit a 
list of chemicals or Material Safety Data Sheets (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 
Federal Register document required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on February 6, 
2001 (66 FR 9079); three comments were received.
    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 SERCs, 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

[[Page 42655]]

Tier II inventory reporting under 40 CFR 370.25 is estimated to be 
approximately 3.18 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: Facilities that are subject OSHA 
Hazard Communication Standard that handles hazardous chemicals at or 
above the thresholds described in 40 CFR part 370, State Emergency 
Response Commissions and Local Emergency Planning Committees.
    Estimated Number of Respondents: 563,470.
    Frequency of Response: Annually.
    Estimated Total Annual Hour Burden: 2,028,700 hours.
    Estimated Total Annualized Capital, O&M Cost Burden: $6,400,000.
    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 addresses listed above. Please 
refer to EPA ICR No. 1352.08 and OMB Control No. 2050-0072 in any 
correspondence.

    Dated: July 31, 2001.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 01-20388 Filed 8-13-01; 8:45 am]
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