[Federal Register Volume 68, Number 44 (Thursday, March 6, 2003)]
[Notices]
[Pages 10721-10723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5327]


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ENVIRONMENTAL PROTECTION AGENCY

[SFUND-2003-0003, FRL-7459-8]


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

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 continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Trade Secret Claims for Community 
Right-to-Know and Emergency Planning (EPCRA Section 322), EPA ICR No. 
1428.06, OMB Control No. 2050-0078, Expiration date September 30, 2003. 
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 May 5, 2003.

ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Chemical Emergency 
Preparedness and Prevention Office,

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Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (202) 564-8019; fax 
number: (202) 564-8233; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number SFUND-2003-0003, which is available for 
public viewing at the Superfund Docket in the EPA Docket Center (EPA/
DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. 
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is (202) 566-1744, and the 
telephone number for the Docket is (202) 566-0276. An electronic 
version of the public docket is available through EPA Dockets (EDOCKET) 
at http://www.epa.gov/edocket. Use EDOCKET to obtain a copy of the 
draft collection of information, submit or view public comments, access 
the index listing of the contents of the public docket, and to access 
those documents in the public docket that are available electronically. 
Once in the system, select ``search,'' then key in the docket ID number 
identified above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 60 days of this notice, and according to the following detailed 
instructions: (1) Submit your comments to EPA online using EDOCKET (our 
preferred method), by e-mail to [email protected], or by mail 
to: EPA Docket Center, Environmental Protection Agency, Superfund 
Docket, Mail Code 5202T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
    EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
in EDOCKET as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose public 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EDOCKET. The 
entire printed comment, including the copyrighted material, will be 
available in the public docket. Although identified as an item in the 
official docket, information claimed as CBI, or whose disclosure is 
otherwise restricted by statute, is not included in the official public 
docket, and will not be available for public viewing in EDOCKET. For 
further information about the electronic docket, see EPA's Federal 
Register notice describing the electronic docket at 67 FR 38102 (May 
31, 2002), or go to www.epa.gov/edocket.
    Affected entities: Entities potentially affected by this action are 
both manufacturing and non-manufacturing sectors for claims under 
sections 303, 311 and 312 of EPCRA. Section 313 claims are submitted by 
covered sectors, which, as of reporting year 2002, include, metal 
mining ((SIC code 10 (except 1011, 1081, and 1094)); coal mining ((SIC 
code 12 (except 1241)); manufacturers (SIC codes 20-39); electric 
utilities (SIC codes 4911 (limited to facilities that combust coal and/
or oil for the purpose of generating electricity for distribution in 
commerce), 4931 (limited to facilities that combust coal and/or oil for 
the purpose of generating electricity for distribution in commerce), 
and 4939 (limited to facilities that combust coal and/or oil for the 
purpose of generating electricity for distribution in commerce)); 
commercial hazardous waste treatment (SIC code 4953 (limited to 
facilities regulated under the RCRA Subtitle C, 42 U.S.C. section 6921 
et seq.)); chemical and allied products-wholesale (SIC code 5169); 
petroleum bulk terminals and plants (also known as stations)-wholesale 
(SIC code 5171); and, solvent recovery services (SIC code 7389 (limited 
to facilities primarily engaged in solvents recovery services on a 
contract or fee basis)). In addition, federal facilities were added to 
the respondent community by Executive Order 12856, and were required to 
report beginning calendar year 1994.
    Title: Trade Secret Claims for Community Right-to-Know and 
Emergency Planning (EPCRA Section 322), OMB Control Number 2050-0078, 
EPA ICR Number 1428.06, expiring 09/30/03.
    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 of extremely hazardous substances 
(described in Section 302), 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 establishes 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 to 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 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 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 3,483 
hours at a cost of $147,543. 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

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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: February 26, 2003.
Deborah Y. Dietrich,
Director, Chemical Emergency Preparedness and Prevention Office.
[FR Doc. 03-5327 Filed 3-5-03; 8:45 am]
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