99-22325. Agency Information Collection Activities: Proposed Collection; Comment Request; Assess Compliance with EPCRA Section 312 Reporting Requirements

[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Notices]
[Pages 46905-46906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22325]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6429-9]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Assess Compliance with EPCRA Section 312 Reporting 
Requirements

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 EPA is planning to submit the 
following proposed Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Assess Compliance with EPCRA section 
312 Reporting Requirements, EPA ICR number 1909.01. 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 October 26, 1999.

ADDRESSES: Environmental Protection Agency, 401 ``M'' Street, Office of 
Compliance, Chemical, Commercial Services and Municipal Division, mail 
code 2224A, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: John Mason, at: tel. [phone], 
FAX: [phone], or E-mail: [e-mail]

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities potentially affected by this action are 
those states which have received Tier II reporting forms required to be 
submitted annually to the State Emergency Response Commissions (SERC) 
and the Local Emergency Response Committees (LEPC) by persons who use 
chemicals subject to Occupational Safety and Health Act (OSHA) for the 
past 4-year reporting period.
    Title: Assess Compliance with EPCRA Section 312 Reporting 
Requirements.
    Abstract: The information sought with this ICR is who among 
selected sectors that produce, use, or store hazardous chemicals (as 
defined by the Occupational Safety and Health Act of 1970) submitted 
Tier II forms to the SERC and/or the LEPC, and when did they submit 
them. This information is being sought to assess compliance with the 
requirements of EPCRA section 312.
    The Emergency Planning and Community Right-to-Know Act (EPCRA) 
section 312 requires facilities which are required to prepare or have 
available Material Safety Data Sheets (MSDS) as required by OSHA to 
submit an annual emergency and hazardous chemical inventory form 
containing the amount and location of hazardous chemicals stored at the 
facility. Although EPCRA section 312 is a federal requirement, State 
Emergency Response Commissions, and Local Emergency Planning Committees 
are the main recipients and benefactors of this information. The 
inventory reports allow ``first responders'' (e.g. local fire 
departments) to be informed about the presence of hazardous chemicals 
in the community and help facilitate development of the local emergency 
response plan. They also enhance community awareness of chemical 
hazards in the local area.
    EPA has initiated compliance projects among a number of industrial, 
service and/or government sectors including: the iron and steel 
industry, the primary nonferrous metals industry, metal services 
(electroplating and coating), the chemical preparation industry, pulp 
and paper mills, the telecommunications industry, coal-fired power 
plants, the automobile servicing industry, mining, the petroleum 
refineries, organic chemical manufacturers, and municipalities. These 
projects include, in some cases, efforts to enhance compliance with 
EPCRA section 312.
    EPA will be working with states and facilities to assure and 
confirm compliance with EPCRA requirements. In particular, EPA will ask 
the states whether the facilities submitted their Tier II forms and 
when during the

[[Page 46906]]

reporting year the forms were submitted.
    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 EPA would like to solicit comments 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. The 
Agency has committed through its Strategic Plan, Goal 9 to provide a 
credible deterrent to pollution and greater compliance with the law. By 
ensuring compliance through an array of traditional and innovative 
approaches, EPA is working to mitigate and avoid risks to human health 
and the environment, and help the regulated community understand and 
fully comply with environmental and statutory requirements. The 
information on facilities that did not submit their Tier II forms will 
be forwarded to EPA Regional offices for appropriate follow-up.
    (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. The reporting form has been 
discussed with Regional and headquarters EPCRA section 312 
coordinators. Although there is variability among the states' ability 
to respond to this request, EPA Regions were asked to determine how 
long it would take each state in their Region to retrieve, review, and 
provide the information requested based on a list of specific 
facilities located in that state. Some of the Regional offices 
conducted some preliminary review of the requested information which 
was used to estimate burden hours. EPA has determined that three states 
and some California LEPCs have this information in automated files 
which would require minimum resources to access. This information was 
also considered in determining burden hours.
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected. These projects have an anticipated length through 
September 30, 2001. However, we anticipate that if the information 
reveals any non-compliance, some follow-up with the states may be 
necessary. The information sought was kept to an absolute minimum to 
avoid any problems with data identification or retrieval.
    (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. To the extent possible, the Agency will 
collect the information through automated data systems.
    Burden Statement: This information collection involves responses 
from 50 states, two territories (Puerto Rico and the Virgin Islands), 
and the District of Columbia, for a total of 53 respondents.
    The requested information will be collected as part of this 
specific one-time only Agency initiative for each relevant sector. EPA 
does not anticipate any capital or start-up costs. Since the states 
collect and retain the requested information as part of their state 
EPCRA section 312 program, EPA does not anticipate any operations or 
maintenance costs associated with this request. EPA Regional or 
Headquarters activities are considered as part of program oversight and 
will not be included as burden hours.
    The estimated maximum burden for the respondents is estimated to be 
approximately 4440 hours at a cost of approximately $78,125 (The cost 
of purchasing contract services, if needed, is estimated to be $7500). 
This estimate is based on records review and recording time plus some 
oversight for three of the largest sectors (i.e. greatest number of 
facilities). The review may be conducted for more than three sectors 
but at fewer than all 53 respondents. The response cost is calculated 
using labor rates of $17.48 per hour for clerical review and response 
time and $30.34 for supervisory time. The source of labor rates is the 
United States Department of Commerce, Bureau of Labor Statistics, March 
1998, Table 4: Employment Costs of State and Local Government. This 
estimate includes the time needed to review the instructions, retrieve 
the records and record the results of the questionnaire.
    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.

    Dated: August 19, 1999.
Bruce R. Weddle,
Acting Director, Office of Compliance, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 99-22325 Filed 8-26-99; 8:45 am]
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