[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Notices]
[Pages 42688-42689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20203]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6413-8]
Agency Information Collection Activities: Proposed Collection;
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.
-----------------------------------------------------------------------
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): Community Right-to-Know Reporting
Requirements under Sections 311 and 312 of the Emergency Planning and
Community Right-to-Know Act (EPCRA), EPA ICR Number 1352.07. This ICR
renews a previously approved ICR No. 1352.04 (expires January 31, 2000,
OMB Control Number 2050-0072). On February 11, 1999 (64 FR 7031), EPA
revised sections 311 and 312 of EPCRA and amended the ICR (see ICR No.
1356.06). 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 4, 1999.
ADDRESSES: Chemical Emergency Preparedness and Prevention Office, SW,
Washington DC 20460. Interested persons may obtain a copy of the ICR
without charge by contacting the person in FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Sicy Jacob, 202-260-7249, fax no. 202-
260-0927, or e-mail: Jacob.Sicy@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Affected entities: Entities potentially affected by this action are
those facilities required to prepare or have available an MSDS for a
hazardous chemical under the Hazard Communica-tion Standard (HCS) of
the Occupational Safety and Health Administration. Entities more likely
to be affected by this action may include chemical, non-chemical
manufacturers, retailers, petroleum refineries, utilities, etc.
Title: Community Right-to-Know Reporting Requirements under
Sections 311 and 312 of the Emergency Planning
[[Page 42689]]
and Community Right-to-Know Act (EPCRA), EPA ICR Number 1352.07.
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 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 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 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;
(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;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(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.
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 require-ments for
facilities under EPCRA sections 311 and 312.
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 state
and local governments for managing and maintaining the reports is
estimated to be 32.25 hours. The average burden for maintaining and
updating the 312 database is 320 hours. The total burden to facilities
over the three-year information collection period is estimated to be
5,182,000 hours, at a cost of $164 million, with an associated state
and local burden of 439,000 hours at a cost of $8.4 million.
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: July 30, 1999.
David Speights,
Acting Director, Chemical Emergency Preparedness and Prevention Office.
[FR Doc. 99-20203 Filed 8-4-99; 8:45 am]
BILLING CODE 6560-50-P
