[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Pages 39695-39696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18962]



[EPA-HQ-SFUND-2006-0361; FRL-8939-8]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Trade Secret Claims for Emergency 
Planning and Community Right-to-Know Act (Renewal), 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 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 September 8, 

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2006-0361, to (1) EPA online using http://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: 28221T), 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 February 27, 2009 (74 FR 8937), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. 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-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 number for the Superfund Docket is 202-566-
    Use EPA's electronic docket and comment system at http://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 http://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 http://www.regulations.gov.
    Title: Trade Secret Claims for Emergency Planning and Community 
Right-to-Know Act (Renewal).
    ICR numbers: EPA ICR No. 1428.08, OMB Control No. 2050-0078.
    ICR Status: This ICR is scheduled to expire on August 31, 2009. 
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. 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), 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.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 9.5 
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 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: Entities that submit trade secret 
claims, including the manufacturing sector, coal and metal mining, 
electric utilities, construction, dry cleaners, chemical and paper 
    Estimated Number of Respondents: 327.
    Frequency of Response: Annually.
    Estimated Total Annual Hour Burden: 3,106 hours.
    Estimated Total Annual Cost: $195,447, which includes no annualized 
capital or O&M costs.

[[Page 39696]]

    Changes in the Estimates: There is a decrease of 1,552 hours in the 
total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This decrease in burden is due to the decrease in 
the number of facilities that EPA estimates will make trade secret 
claims over the next three years covered by this ICR.

    Dated: August 4, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-18962 Filed 8-6-09; 8:45 am]