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, 8363-8365 [2011-3284]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 76, No. 30 / Monday, February 14, 2011 / Notices ICR Status: This ICR is scheduled to expire on March 31, 2011. 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. 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, and 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 affected entities are subject to the General Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes, or additions to the Provisions specified at 40 CFR part 63, subparts RRRRRR, SSSSSS, and TTTTTT. Owners or operators of the affected facilities must submit a onetime-only report of any physical or operational changes, initial performance tests, and periodic reports and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports, at a minimum, are required semiannually. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 126 hours per response. 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: Owners or operators of clay ceramics manufacturing, glass manufacturing, VerDate Mar<15>2010 16:38 Feb 11, 2011 Jkt 223001 and secondary nonferrous metals processing area sources. Estimated Number of Respondents: 82. Frequency of Response: Initially, onoccasion and annually. Estimated Total Annual Hour Burden: 1,763. Estimated Total Annual Cost: $178,380, which includes $165,416 in labor costs, no capital/startup costs, and $12,964 in operation and maintenance (O&M) costs. Changes in the Estimates: There is an adjustment increase in the total estimated labor hour burden as currently identified in the OMB Inventory of Approved ICR Burdens because the rule is now fully implemented. This increase is not due to any program changes. The previous ICR covered the initial phase of standard implementation which occurred over a three-year period. Hence, the average number of respondents during the initial phase is less than the number of respondents when the standard is fully implemented. This ICR shows the labor hour and cost burden after full implementation. The increase in cost to Respondents and the Agency is due to full implementation of the rule and use of current labor rates. Dated: February 7, 2011. John Moses, Director, Collection Strategies Division. [FR Doc. 2011–3224 Filed 2–11–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–SFUND–2004–0006; FRL–9266–1] Agency Information Collection Activities; Proposed Collection; Comment Request; Community Rightto-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act Environmental Protection Agency. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on July 31, 2011. Before submitting the ICR to OMB SUMMARY: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 8363 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 April 15, 2011. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–2004–0006, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: superfund.docket@epa.gov. • Fax: 202–566–0224. • Mail: Superfund Docket, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: EPA Docket Center, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–SFUND–2004– 0006. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. E:\FR\FM\14FEN1.SGM 14FEN1 8364 Federal Register / Vol. 76, No. 30 / Monday, February 14, 2011 / Notices 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: FOR FURTHER INFORMATION CONTACT: jlentini on DSKJ8SOYB1PROD with NOTICES How can I access the docket and/or submit comments? EPA has established a public docket for this ICR under Docket ID No. EPA– HQ–2004–0006, which is available for online viewing at https:// 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 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 https://www.regulations.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select ‘‘search,’’ then key in the docket ID number identified in this document. What information is EPA particularly interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it 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. In particular, EPA is requesting comments from very small businesses (those that VerDate Mar<15>2010 16:38 Feb 11, 2011 Jkt 223001 employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What should I consider when I prepare my comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation. What information collection activity or ICR does this apply to? Docket ID No. EPA–HQ–2004–0006. Affected entities: Entities potentially affected by this action are manufacturers and non-manufacturers. Title: Community Right-to-Know Reporting Requirements under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). ICR number: EPA ICR No. 1352.12, OMB Control No. 2050–0072. ICR status: This ICR is currently scheduled to expire on July 31, 2011. 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 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). PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 EPCRA Section 311 requires owners and operators of facilities subject to OSHA Hazard Communication Standard 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, 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 average burden for MSDS reporting under 40 CFR 370.21 is estimated at 1.6 hours for new and newly regulated facilities. For existing facilities, the average burden is 0.6 hours for submitting new or revised MSDSs to SERC, LEPC and the local fire department. 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 these entities. The average reporting burden for facilities to submit Tier I or Tier II inventory report under 40 CFR 370.25 is estimated to be approximately 3.1 hours per facility. There are no recordkeeping requirements 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 burden hours indicated here are from the current approved ICR. EPA may revise the burden before submitting this ICR package to OMB. 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 E:\FR\FM\14FEN1.SGM 14FEN1 Federal Register / Vol. 76, No. 30 / Monday, February 14, 2011 / Notices 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. The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here: Estimated total number of potential respondents: 564,132. Frequency of response: Annual. Estimated total average number of responses for each respondent: 1. Estimated total annual burden hours: 2,031,859. Estimated total annual costs: $96 million. This includes capital investment or maintenance and operational costs. As stated earlier in this document, EPA may revise the burden based on current information on the number of respondents before submitting the ICR package to OMB for approval. The cost will be adjusted based on current wage rates. What is the next step in the process for this ICR? jlentini on DSKJ8SOYB1PROD with NOTICES EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. Dated: February 7, 2011. Maryann Petrole, Acting Director, Office of Emergency Management. [FR Doc. 2011–3284 Filed 2–11–11; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 16:38 Feb 11, 2011 Jkt 223001 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OECA–2010–0357, FRL–9266–4] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Equipment Leaks of VOC in Petroleum Refineries (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (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 collection and the estimated burden and cost. DATES: Additional comments may be submitted on or before March 16, 2011. ADDRESSES: Submit your comments, referencing docket ID number EPA–HQ– OECA–2010–0357, to (1) EPA online using www.regulations.gov (our preferred method), or by e-mail to docket.oeca@epa.gov, or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: 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: Learia Williams, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 564–4113; fax number: (202) 564–0050, e-mail address: williams.learia@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 June 2, 2010 EPA published a notice in the Federal Register (75 FR 30813) seeking comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. 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 number EPA–HQ–OECA–2010–0357, which is available for public viewing online at SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 8365 https://www.regulations.gov, or in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center 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 Enforcement and Compliance Docket is (202) 566–1752. Use EPA’s electronic docket and comment system at https:// 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 https://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 https://www.regulations.gov. Title: NSPS for Equipment Leaks of VOC in Petroleum Refineries (Renewal). ICR Numbers: EPA ICR Number 0983.12, OMB Control Number 2060– 0067. ICR Status: This ICR is scheduled to expire on March 31, 2011. 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. 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, and 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: This ICR is for the New Source Performance Standards (NSPS) for Equipment Leaks of VOC (Volatile Organic Compounds) in Petroleum Refineries in 40 CFR part 60, subparts GGG and GGGa. The NSPS in subpart GGG were proposed on January 4, 1983, E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Notices]
[Pages 8363-8365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3284]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2004-0006; FRL-9266-1]


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

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 EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on July 31, 2011. 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 April 15, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2004-0006, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: superfund.docket@epa.gov.
     Fax: 202-566-0224.
     Mail: Superfund Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA West Building, 1301 
Constitution Avenue, NW., Washington, DC. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2004-0006. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.

[[Page 8364]]


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:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-2004-0006, which is available for online viewing at https://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 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 https://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the docket ID number 
identified in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What information collection activity or ICR does this apply to?

    Docket ID No. EPA-HQ-2004-0006.
    Affected entities: Entities potentially affected by this action are 
manufacturers and non-manufacturers.
    Title: Community Right-to-Know Reporting Requirements under 
Sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act (EPCRA).
    ICR number: EPA ICR No. 1352.12, OMB Control No. 2050-0072.
    ICR status: This ICR is currently scheduled to expire on July 31, 
2011. 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 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 
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, 
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 average burden for MSDS reporting under 40 
CFR 370.21 is estimated at 1.6 hours for new and newly regulated 
facilities. For existing facilities, the average burden is 0.6 hours 
for submitting new or revised MSDSs to SERC, LEPC and the local fire 
department. 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 these entities. The 
average reporting burden for facilities to submit Tier I or Tier II 
inventory report under 40 CFR 370.25 is estimated to be approximately 
3.1 hours per facility. There are no recordkeeping requirements 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 burden hours indicated here are from 
the current approved ICR. EPA may revise the burden before submitting 
this ICR package to OMB.
    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

[[Page 8365]]

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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 564,132.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 2,031,859.
    Estimated total annual costs: $96 million.

This includes capital investment or maintenance and operational costs.

    As stated earlier in this document, EPA may revise the burden based 
on current information on the number of respondents before submitting 
the ICR package to OMB for approval. The cost will be adjusted based on 
current wage rates.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: February 7, 2011.
Maryann Petrole,
Acting Director, Office of Emergency Management.
[FR Doc. 2011-3284 Filed 2-11-11; 8:45 am]
BILLING CODE 6560-50-P
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