[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Notices]
[Page 61634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29585]
[[Page 61634]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6474-2]
Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Community Right-to-Know Reporting Requirements
Under Sections 311 and 312 of the Emergency Planning and Community
Right-to-Know Act (EPCRA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that the following Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval: Community Right-to-Know
Reporting Requirements under sections 311 and 312 of the Emergency
Planning and Community Right-to-Know Act (EPCRA), OMB Control Number
2050-0072, expiring January 31, 2000. The ICR describes the nature of
the information collection and its expected burden and cost; where
appropriate, it includes the actual data collection instrument.
DATES: Comments must be submitted on or before December 13, 1999.
FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone at (202)
260-2740, by email at farmer.sandy@epamail.epa.gov, or download a copy
of the ICR off the Internet at http://www.epa.gov/icr and refer to EPA
ICR No. 1352.07.
SUPPLEMENTARY INFORMATION:
Title: Community Right-to-Know Reporting Requirements under
sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act (EPCRA), OMB Control Number 2050-0072, EPA ICR No. 1352.07
expiring January 31, 2000. This information collection is an extension
of a currently approved collection.
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 HCS 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. 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
to the SERC, LEPC, and LFD with jurisdiction over their facility. This
activity is to be completed on March 1 of each year, on the inventory
of chemicals in the previous calendar year.
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 are listed in 40 CFR part 9 and 48 CFR Chapter 15. The
Federal Register document required under 5 CFR 1320.8(d), soliciting
comments on this collection of information was published on August 5,
1999 (64 FR 42689); three commenters submitted comments on this
information collection.
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 and approximately 0.6 hours for those existing facilities
that obtain new or revised MSDSs or receive requests for MSDSs from
local governments. 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 local officials. The
average reporting burden for facilities to perform Tier I or Tier II
inventory reporting under 40 CFR 370.25 is estimated to be
approximately 3.1 hours per facility, including the time to develop and
submit the information. 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 0.17 hours per request. The average burden for managing
and maintaining the reports and MSDS files is estimated to be 32.25
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;
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: Owners and operators of facilities
subject to OSHA HCS.
Estimated Number of Respondents: 563,460.
Frequency of Response: Section 311 respondents will have to comply
with requirements only once, unless a new chemical is present above
threshold quantity. Section 312 respondents will have to comply with
the requirements annually.
Estimated Total Annual Hour Burden: 1,873,800 hours.
Estimated Total Annualized Capital and Operating & Maintenance Cost
Burden: $6,403,600.
Send comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques to the following addresses. Please
refer to EPA ICR No. 1352.07 and OMB Control No. 2050-0072 in any
correspondence.
Ms. Sandy Farmer, U.S. Environmental Protection Agency, Office of
Policy, Regulatory Information Division (2137), 401 M Street, SW.,
Washington, DC 20460;
and
Office of Information and Regulatory Affairs, Office of Management
and Budget, Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.
Dated: November 5, 1999.
Richard T. Westlund,
Acting Director, Regulatory Information Division.
[FR Doc. 99-29585 Filed 11-10-99; 8:45 am]
BILLING CODE 6560-50-P
