[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Pages 61599-61600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24865]



[EPA-HQ-SFUND-2006-0361; FRL-9522-6]

Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Trade Secret Claims for Emergency Planning 
and Community Right-to-Know Act (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: The Environmental Protection Agency has submitted an 
information collection request (ICR), ``Trade Secret Claims for 
Emergency Planning and Community Right-to-Know Act'' (EPA ICR No. 
1428.09, OMB Control No. 2050-0078) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of 
the ICR, which is currently approved through November 30, 2012. Public 
comments were previously requested via the Federal Register (77 FR 
34037) on June 8, 2012 during a 60-day comment period. This notice 
allows for an additional 30 days for public comments. A fuller 
description of the ICR is given below, including its estimated burden 
and cost to the public. 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.

DATES: Additional comments may be submitted on or before November 9, 

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
SFUND-2006-0361, to (1) EPA online using www.regulations.gov (our 
preferred method), by email to [email protected], or by mail to: 
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB via 
email to [email protected]. Address comments to OMB Desk 
Officer for EPA.

[[Page 61600]]

    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

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; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, EPA West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    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 
(Section 302), inventory of hazardous chemicals (Sections 311 and 312) 
and manufacture, process and use of toxic chemicals (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 provisions in 
Section 322 establish 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: 
(1) Section 303 (d)(2)--Facility notification of changes that have or 
are about to occur, (2) Section 303 (d)(3)--Local Emergency Planning 
Committee (LEPC) requests for facility information to develop or 
implement emergency plans, (3) Section 311--Material Safety Data Sheets 
(MSDSs) submitted by facilities, or lists of those chemicals submitted 
in place of the MSDSs, (4) Section 312--Emergency and hazardous 
chemical inventory forms (Tier I and Tier II), and (5) Section 313 
Toxic chemical release inventory form.
    Form Numbers: EPA Form 9510-1, Substantiation to Accompany Claims 
of Trade Secrecy under the Emergency Planning and Community Right-to-
Know Act of 1986.
    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).
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 332.
    Frequency of response: Annual.
    Total estimated burden: 3154 hours (per year). Burden is defined at 
5 CFR 1320.03(b)
    Total estimated cost: $206,155 (per year). No capital and operation 
and maintenance costs are associated with any requirements in this ICR.
    Changes in the Estimates: There is an increase of 48 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. This increase is due to the slight increase in the 
number of facilities that EPA estimates for the next three years 
covered by this ICR. The annual number of claims estimated in the 
previous ICR was 327, while this ICR estimates 332 claims.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-24865 Filed 10-9-12; 8:45 am]