[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54750-54751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23751]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2006-0361; FRL-9985-47-OEI]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Trade Secrets Claims for Community Right-to-
Know and Emergency Planning (EPCRA Section 322) (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an 
information collection request (ICR), Trade Secrets Claims for 
Community Right-to-Know and Emergency Planning (EPCRA Section 322) (EPA 
ICR Number 1428.11; OMB Control Number 2050-0078) to the Office of 
Management and Budget (OMB) for review and approval in accordance with 
the Paperwork Reduction Act. This is a proposed extension of the ICR, 
which is currently approved through December 31, 2018. Public comments 
were previously requested via the Federal Register on June 11, 2018 
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 30, 
2018.

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.
    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: Wendy Hoffman, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 
564-8794; 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, WJC 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 
trade secret for that chemic claim for that chemical identity. The 
provisions in Section 322 establish the requirements and procedures 
that facilities must follow to request trade secret treatment of 
chemical identities, as well as the procedures for submitting public 
petitions to the Agency for review of the ``sufficiency'' of trade 
secret claims.
    Trade secret protection is provided for specific chemical 
identities contained in reports submitted under each of the following 
sections of EPCRA: (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.
    Respondents/affected entities: Manufacturer and non-manufacturer 
facilities subject to reporting under

[[Page 54751]]

sections 303, 311/312 or 313 of the Emergency Planning and Community 
Right-to-Know Act (EPCRA).
    Respondent's obligation to respond: Mandatory if a respondent 
decides to make a trace secret claim for the chemical identity for any 
of the chemicals in any of the reports the respondent is required to 
submit under EPCRA sections 303, 311/312 or 313.
    Estimated number of respondents: 272 trade secret claims.
    Frequency of response: Annual, with reports submitted under 
Sections 312 and 313.
    Total estimated burden: 2,584 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $151,047 (per year). There are no capital or 
operation and maintenance costs associated with this ICR.
    Changes in the estimates: This ICR renewal estimates a total 
respondent burden of 2,584 hours, which is reduced from the previous 
ICR. The previous approved burden was 3,154 hours. The burden decreased 
because the actual number of claims submitted is lower than what EPA 
estimated in the previous ICR.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-23751 Filed 10-30-18; 8:45 am]
 BILLING CODE 6560-50-P