[Federal Register Volume 69, Number 99 (Friday, May 21, 2004)]
[Notices]
[Pages 29304-29306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11560]


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ENVIRONMENTAL PROTECTION AGENCY

[SFUND-2004-0006, FRL-7665-7]


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), EPA ICR Number 1352.10, OMB Control Number 2050-0072

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 a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on October 31, 
2004. 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 July 20, 2004.

[[Page 29305]]


ADDRESSES: Submit your comments, referencing docket ID number SFUND-
2004-0006, 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 5305T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Prevention, Preparedness and Response, 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-2004-0006, 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 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 within 
60 days of this notice. 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 
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)
    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. The 
submittal of a list of chemicals or MSDSs is a one-time requirement. 
However, facilities must submit updates to the list of chemicals, 
within three months, when a new hazardous chemical comes on-site above 
the reporting threshold. If significant new information arises 
concerning a previously submitted MSDS, a facility must submit a 
revised MSDS. 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 in 40 CFR are listed in 40 CFR part 9.
    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 
5,686,000 hours, at a cost of $186 million, with an associated state 
and local burden of 401,000 hours at a cost of $9.2 million. The burden 
hours listed here are from the previously approved ICR. The labor costs 
have been adjusted to December

[[Page 29306]]

2003 wage rate published by U.S. Bureau of Labor Statistics.
    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.

    Dated: May 17, 2004.
Deborah Y. Dietrich,
Director, Office of Emergency Prevention, Preparedness and Response.
[FR Doc. 04-11560 Filed 5-20-04; 8:45 am]
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