[Federal Register: August 14, 2001 (Volume 66, Number 157)]
[Notices]
[Page 42654-42655]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au01-75]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7031-2]
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 August 31, 2001. 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 September 13, 2001.
ADDRESSES: Send comments, referencing EPA ICR No.1352.08 and OMB
Control No. 2050-0072, to the following addresses: Sandy Farmer, U.S.
Environmental Protection Agency, Collection Strategies Division (Mail
Code 2822), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; and 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: For a copy of the ICR contact Sandy
Farmer at EPA by phone at (202) 260-2740, by E-mail at
Farmer.sandy@epamail.epa.gov, or download off the Internet at http://
www.epa.gov/icr and refer to EPA ICR No. 1352.08. For technical
questions about the ICR, contact Sicy Jacob, Chemical Emergency
Preparedness and Prevention Office, (202) 564-8019.
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. 2050-0072,
expiring August 31, 2001. This is a request for 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 the Occupational Safety and Health
Administration Hazard Communications Standard (OSHA 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 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 February 6,
2001 (66 FR 9079); three comments were received.
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 SERCs, 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
[[Page 42655]]
Tier II inventory reporting under 40 CFR 370.25 is estimated to be
approximately 3.18 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: Facilities that are subject OSHA
Hazard Communication Standard that handles hazardous chemicals at or
above the thresholds described in 40 CFR part 370, State Emergency
Response Commissions and Local Emergency Planning Committees.
Estimated Number of Respondents: 563,470.
Frequency of Response: Annually.
Estimated Total Annual Hour Burden: 2,028,700 hours.
Estimated Total Annualized Capital, O&M Cost Burden: $6,400,000.
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 addresses listed above. Please
refer to EPA ICR No. 1352.08 and OMB Control No. 2050-0072 in any
correspondence.
Dated: July 31, 2001.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 01-20388 Filed 8-13-01; 8:45 am]
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