[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Notices]
[Pages 4210-4211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1187]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2004-0006; FRL-8519-9]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Community Right-to-Know Reporting 
Requirements of the Emergency Planning and Community Right-to-Know Act 
(Renewal); EPA ICR No. 1352.11, OMB Control No. 2050-0072

AGENCY: Environmental Protection Agency.

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 an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before February 25, 
2008.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2004-0006, to (1) EPA online using www.regulations.gov (our 
preferred method), by e-mail to [email protected], or by mail 
to: EPA Docket Center, Environmental Protection Agency, Superfund 
Docket (Mail Code 2822T), 1200 Pennsylvania Ave., NW., Washington, DC 
20460, and (2) OMB by mail 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: 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; 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 August 6, 2007 (72 FR 43636), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received two comments during the 
comment period, which are addressed in the ICR. Any additional comments 
on this ICR should be submitted to EPA and OMB within 30 days of this 
notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-SFUND-2004-0006, which is available for online viewing at 
www.regulations.gov, or in person viewing at the Superfund Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC 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.
    Use EPA's electronic docket and comment system at 
www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at www.regulations.gov as EPA receives 
them and without change, unless the comment contains copyrighted 
material, Confidential Business Information (CBI), or other information 
whose public disclosure is restricted by statute. For further 
information about the electronic docket, go to www.regulations.gov.
    Title: Community Right-to-Know Reporting Requirements of the 
Emergency Planning and Community Right-to-Know Act (Renewal).
    ICR numbers: EPA ICR No. 1352.11, OMB Control No. 2050-0072.
    ICR Status: This ICR is scheduled to expire on January 31, 2008. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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.

[[Page 4211]]

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: 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 Hazard Communication Standard 
(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 
form is to be submitted on March 1 of each year, on the inventory of 
chemicals in the previous calendar year.
    Burden Statement: The annual average burden for MSDS reporting 
(basic and additional reporting) is estimated at 6.75 hours for new 
facilities. Additional reporting, which is to submit revised and new 
MSDSs for currently covered and new facilities is 2 hours. The average 
burden for new and currently covered facilities to submit MSDS upon 
request is 1 hour. The average burden to comply with Tier II inventory 
reporting for small, medium and large manufacturers is 8, 80 and 120 
hours, respectively. The average burden to comply with Tier II 
inventory reporting for small, medium and large non-manufacturers is 6, 
20, and 40 hours, respectively. 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 one hour per request. The average burden for managing 
and maintaining the reports and MSDS files is estimated to be 32.50 
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 
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.
    Respondents/Affected Entities: Any facility owner or operator that 
is required to prepare or have a material safety data sheet (MSDS) for 
a hazardous chemical under OSHA Hazardous Communication Standard and if 
the chemical meets the threshold level specified in 40 CFR part 370. 
Some facilities include but are not limited to, chemical, petroleum, 
warehouse, food, paper mills, etc.
    Estimated Number of Respondents: 353,552
    Frequency of Response: Annually, on occasion
    Estimated Total Annual Hour Burden: 3,792,432
    Estimated Total Annual Cost: $207,454,485, includes $6,389,900 
annualized capital or O&M costs.
    Changes in the Estimates: There is an increase of 1,763,732 hours 
in the total estimated burden currently identified in the OMB Inventory 
of Approved ICR Burdens. EPA had contacted small, medium and large size 
facilities in both manufacturing and non-manufacturing sectors to 
develop this burden. In previous ICRs, the Agency only contacted small 
and medium size facilities and used a weighted average. For this ICR, 
EPA applied the burden reported by each sector that we contacted. There 
is a decrease of 209,948 in the estimated universe from the previous 
ICR. EPA believes that the universe estimates in this ICR are more 
accurate since most States now collect Tier II electronically so they 
were able to provide EPA with a better estimate of the number of 
facilities subject to sections 311 and 312 than was estimated in 
previous years.

    Dated: January 17, 2008.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
[FR Doc. E8-1187 Filed 1-23-08; 8:45 am]
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