[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Pages 8363-8365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3284]



[EPA-HQ-SFUND-2004-0006; FRL-9266-1]

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

AGENCY: Environmental Protection Agency.

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 July 31, 2011. 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 15, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2004-0006, by one of the following methods:
     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: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 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-
2004-0006. 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 www.regulations.gov 
or e-mail. The 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 
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.

[[Page 8364]]

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].


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-2004-0006, 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 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 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-2004-0006.
    Affected entities: Entities potentially affected by this action are 
manufacturers and non-manufacturers.
    Title: Community Right-to-Know Reporting Requirements under 
Sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act (EPCRA).
    ICR number: EPA ICR No. 1352.12, OMB Control No. 2050-0072.
    ICR status: This ICR is currently scheduled to expire on July 31, 
2011. 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: 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 
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. 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 
    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. For existing facilities, the average burden is 0.6 hours 
for submitting new or revised MSDSs to SERC, LEPC and the local fire 
department. 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 these entities. The 
average reporting burden for facilities to submit Tier I or Tier II 
inventory report under 40 CFR 370.25 is estimated to be approximately 
3.1 hours per facility. 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 burden hours indicated here are from 
the current approved ICR. EPA may revise the burden before submitting 
this ICR package to OMB.
    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 

[[Page 8365]]

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 
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 564,132.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 2,031,859.
    Estimated total annual costs: $96 million.

This includes capital investment or maintenance and operational costs.

    As stated earlier in this document, EPA may revise the burden based 
on current information on the number of respondents before submitting 
the ICR package to OMB for approval. The cost will be adjusted based on 
current wage rates.

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 7, 2011.
Maryann Petrole,
Acting Director, Office of Emergency Management.
[FR Doc. 2011-3284 Filed 2-11-11; 8:45 am]