[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Pages 8937-8939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4230]



[EPA-HQ-SFUND-2006-0361, FRL-8777-7]

Agency Information Collection Activities; Proposed Collection; 
Comment Request; Trade Secret Claims for Emergency Planning and 
Community Right-to-Know Information; EPA ICR No. 1428.08, OMB Control 
No. 2050-0078

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


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 August 31, 2009. 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 April 28, 2009.

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: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Docket Center, EPA West Bldg, Room 3334, 
1301 Constitution Avenue, NW., Washington DC 20460. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2006-0361. EPA's policy is that all comments 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, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-8019; fax number: (202) 564-2620; e-mail address: 
[email protected].


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 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

[[Page 8938]]

number for the Superfund Docket is 202-566-1744.
    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 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. 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 
    1. Explain your views as clearly as possible and provide specific 
    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?

    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 Emergency Planning and Community 
Right-to-Know Information.
    ICR number: EPA ICR No. 1428.08, OMB Control No. 2050-0078.
    ICR status: This ICR is currently scheduled to expire on August 31, 
2009. 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 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.
    Burden Statement: The burden and costs stated below are from the 
current approved ICR. 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:
    Respondents/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).
    Estimated Number of Respondents: 481.
    Frequency of Response: Trade secret claims are submitted by 
facilities either annually with reports submitted under sections 312 
and 313 of EPCRA or during the time the LEPC request information under 
section 303 of EPCRA.
    Estimated Total Annual Hour Burden: 4,658
    Estimated Total Annual Cost: $0, includes $0 annualized capital or 
O&M costs.

[[Page 8939]]

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: February 23, 2009.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
[FR Doc. E9-4230 Filed 2-26-09; 8:45 am]