[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Notices]
[Pages 44946-44947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19502]


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ENVIRONMENTAL PROTECTION AGENCY

[SFUND-2003-0003; FRL-7538-3]


Agency Information Collection Activities; Submission of EPA ICR 
No. 1428.06 (OMB No. 2050-0078) to OMB for Review and Approval; Comment 
Request

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: Trade Secret Claims for 
Emergency Planning and Community Right-to-Know (EPCRA Section 322). 
This ICR describes the nature of the information collection and its 
estimated burden and cost.

DATES: Additional comments may be submitted on or before September 2, 
2003.

ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Chemical Emergency 
Preparedness and Prevention Office (CEPPO), OSWER, Mailcode 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 submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On March 6, 2003 (68 FR 10721), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA did not receive any comments.
    EPA has established a public docket for this ICR under Docket ID 
No. 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 
Superfund 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 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 30 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, Mailcode 5202T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460, and (2) Mail your comments to OMB at: Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attention: 
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.
    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.
    Title: Trade Secret Claims for Emergency Planning and Community 
Right-to-Know and Emergency Planning (EPCRA Section 322), (OMB Control 
Number 2050-0078, EPA ICR Number 1428.06). This is a request to renew 
an existing approved collection that is scheduled to expire on 
September 30, 2003. Under OMB regulations, the Agency may continue to 
conduct or sponsor the collection of information while this submission 
is pending at OMB.
    Abstract: This information collection request pertains to trade 
secrecy claims submitted under section 322 of the

[[Page 44947]]

Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 
also known as Title III of SARA, the Superfund Amendments and 
Reauthorization Act. Title III contains provisions requiring facilities 
to report to State and local authorities, and EPA, the presence, use 
and release of extremely hazardous substances (described in sections 
302 and 304) and hazardous and toxic chemicals (described in sections 
311, 312 and 313 respectively). Section 322 of Title III allows a 
facility to withhold the specific chemical identity from these Title 
III 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. EPA published the trade 
secrecy regulations on July 29, 1988 (58 FR 28772), codified in 40 CFR 
Part 350.
    Trade secrecy protection is provided for specific chemical 
identities contained in reports submitted under each of the following 
Title III 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, and are 
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 10 
hours per response. 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 may want to claim 
trade secret for specific chemical identity contained in reports 
submitted under EPCRA sections 303(d)(2) and (d)(3), 311, 312, and 313; 
members of the general public submitting petitions for trade secrets 
claimed by facilities; and State governors or State Emergency Response 
Commissions and Health Professionals requesting facilities for 
information on the health effects of trade secret chemicals in non-
emergency and preventative measure situations.
    Estimated Number of Respondents: 357.
    Frequency of Response: Annually.
    Estimated Total Annual Hour Burden: 3,483 hours.
    Estimated Total Annual Cost: $147,543. No capital or operation and 
maintenance costs are associated with any requirements in this ICR.
    Changes in the Estimates: There is an increase of 362 hours in the 
total annual estimated burden currently identified in the OMB Inventory 
of Approved ICR Burdens. This is due to an increase in the number of 
claims submitted under sections 303(d)(2), (d)(3), 311 and 312 of 
EPCRA. Trade secret claims under section 313 have decreased from 
previous ICR.

    Dated: July 23, 2003.
Doreen Sterling,
Acting Director, Collection Strategies Division.
[FR Doc. 03-19502 Filed 7-30-03; 8:45 am]
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