[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24670-24672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6253]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2006-0361; FRL-8162-3]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Trade Secret Claims for Community Right-To-Know and 
Emergency Planning (EPCRA Section 322); EPA ICR No. 1428.07, OMB 
Control No. 2050-0078

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on October 31, 2006. 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 June 26, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2006-0361, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-0224.
    Mail: Superfund Docket, Environmental Protection Agency, Mailcode: 
5305T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA West Building, 1301 Constitution 
Avenue, NW., Washington, DC. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2006-0361. EPA's policy is that all comments

[[Page 24671]]

received will be included in the public docket without change and may 
be made available online at http://www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
http://www.regulations.gov or e-mail. The http://www.regulations.gov 
Web site is an ``anonymous access'' system, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an e-mail comment directly to EPA 
without going through http://www.regulations.gov, your e-mail address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, 5104A, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: 202-564-8019; fax 
number: 202-564-2625; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-SFUND-2006-0361 which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Superfund 
Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
is open from 8 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.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the 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 in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the
    (ii) Proper performance of the functions of the Agency, including 
whether the information will have practical utility;
    (iii) 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; 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Trade Secret Claims for Community Right-to-Know and Emergency 
Planning (EPCRA Section 322)--EPA No. 1428.07 Docket ID No. EPA-HQ-
SFUND-2006-0361.
    Affected entities: Entities potentially affected by this action are 
manufacturers or non-manufacturers subject to reporting under sections 
303, 311/312 or 313 of the Emergency Planning and Community Right-to-
Know Act (EPCRA).
    Title: Trade Secret Claims for Community Right-to-Know and 
Emergency Planning (EPCRA Section 322).
    ICR number: EPA ICR No. 1428.07, OMB Control No. 2050-0078.
    ICR status: This ICR is currently scheduled to expire on October 
31, 2006. 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 title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    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

[[Page 24672]]

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.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 9.8 
hours per claim. 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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 1,050.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 
10.
    Estimated total annual burden hours: 3,483 hours.
    Estimated total annual costs: $147,543. No capital or operation and 
maintenance costs associated with this collection.
    The burden and cost reported here are from the current approved 
ICR. The costs will change in the package that is submitted to OMB 
which will be based on the most recent labor and wage rate information 
reported in the Bureau of Labor and Statistics. EPA contacted few 
facilities that submitted trade secret claims for the reporting years 
2002 through 2004. These facilities have reported that they take an 
average of 5 hours per claim. It is lower than the Agency estimate in 
the previous ICR, which is 9.8 hours per claim. To be conservative, the 
Agency may continue to use the same estimate for this ICR.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: April 18, 2006.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
 [FR Doc. E6-6253 Filed 4-25-06; 8:45 am]
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