[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Notices]
[Page 4210-4211]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja08-76]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-SFUND-2004-0006; FRL-8519-9]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Community Right-to-Know Reporting
Requirements of the Emergency Planning and Community Right-to-Know Act
(Renewal); EPA ICR No. 1352.11, OMB Control No. 2050-0072
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 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 February 25,
2008.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2004-0006, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to superfund.docket@epa.gov, or by mail
to: EPA Docket Center, Environmental Protection Agency, Superfund
Docket (Mail Code 2822T), 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: jacob.sicy@epa.gov.
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 August 6, 2007 (72 FR 43636), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received two comments during the
comment period, which are addressed in the ICR. 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-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
8:30 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 202-566-0276.
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: Community Right-to-Know Reporting Requirements of the
Emergency Planning and Community Right-to-Know Act (Renewal).
ICR numbers: EPA ICR No. 1352.11, OMB Control No. 2050-0072.
ICR Status: This ICR is scheduled to expire on January 31, 2008.
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.
[[Page 4211]]
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
(HCS) to submit a list of chemicals or Material Safety Data Sheets
(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 year.
Burden Statement: The annual average burden for MSDS reporting
(basic and additional reporting) is estimated at 6.75 hours for new
facilities. Additional reporting, which is to submit revised and new
MSDSs for currently covered and new facilities is 2 hours. The average
burden for new and currently covered facilities to submit MSDS upon
request is 1 hour. The average burden to comply with Tier II inventory
reporting for small, medium and large manufacturers is 8, 80 and 120
hours, respectively. The average burden to comply with Tier II
inventory reporting for small, medium and large non-manufacturers is 6,
20, and 40 hours, respectively. There are no recordkeeping requirements
for facilities under EPCRA sections 311 and 312, although it is assumed
that they will maintain a copy of annual reports to use for future
filings. The recordkeeping for MSDSs is mandated under OSHA rules.
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 one hour per request. The average burden for managing
and maintaining the reports and MSDS files is estimated to be 32.50
hours. The average burden for maintaining and updating a 312 database
is estimated to be 320 hours.
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: Any facility owner or operator that
is required to prepare or have a material safety data sheet (MSDS) for
a hazardous chemical under OSHA Hazardous Communication Standard and if
the chemical meets the threshold level specified in 40 CFR part 370.
Some facilities include but are not limited to, chemical, petroleum,
warehouse, food, paper mills, etc.
Estimated Number of Respondents: 353,552
Frequency of Response: Annually, on occasion
Estimated Total Annual Hour Burden: 3,792,432
Estimated Total Annual Cost: $207,454,485, includes $6,389,900
annualized capital or O&M costs.
Changes in the Estimates: There is an increase of 1,763,732 hours
in the total estimated burden currently identified in the OMB Inventory
of Approved ICR Burdens. EPA had contacted small, medium and large size
facilities in both manufacturing and non-manufacturing sectors to
develop this burden. In previous ICRs, the Agency only contacted small
and medium size facilities and used a weighted average. For this ICR,
EPA applied the burden reported by each sector that we contacted. There
is a decrease of 209,948 in the estimated universe from the previous
ICR. EPA believes that the universe estimates in this ICR are more
accurate since most States now collect Tier II electronically so they
were able to provide EPA with a better estimate of the number of
facilities subject to sections 311 and 312 than was estimated in
previous years.
Dated: January 17, 2008.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
[FR Doc. E8-1187 Filed 1-23-08; 8:45 am]
BILLING CODE 6560-50-P