Proposed Information Collection Request; Comment Request: 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 1352.16, OMB Control Number 2050-0072

Published date20 August 2021
Citation86 FR 46847
Record Number2021-17903
SectionNotices
CourtEnvironmental Protection Agency
Federal Register, Volume 86 Issue 159 (Friday, August 20, 2021)
[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
                [Notices]
                [Pages 46847-46848]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-17903]
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                ENVIRONMENTAL PROTECTION AGENCY
                [EPA-HQ-SFUND-2004-0006; FRL 8815-01-OLEM]
                Proposed Information Collection Request; Comment Request:
                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 1352.16, OMB Control Number 2050-0072
                AGENCY: Environmental Protection Agency (EPA).
                ACTION: Notice.
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                SUMMARY: The Environmental Protection Agency is planning to submit an
                information collection request (ICR), ``Community Right-to-Know
                Reporting
                [[Page 46848]]
                Requirements under Sections 311 and 312 of the Emergency Planning and
                Community Right-to-Know Act (EPCRA),'' (EPA ICR Number 1352.16, OMB
                Control Number 2050-0072) to the Office of Management and Budget (OMB)
                for review and approval in accordance with the Paperwork Reduction Act
                (PRA). Before doing so, EPA is soliciting public comments on specific
                aspects of the proposed information collection as described in
                Supplementary Information. This is a proposed extension of the ICR,
                which is currently approved through March 31, 2022. 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.
                DATES: Comments must be submitted on or before October 19, 2021.
                ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
                SFUND-2004-0006, to: (1) EPA online using www.regulations.gov (our
                preferred method), by email to [email protected] or by mail to:
                EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
                1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email
                to [email protected]. Address comments to OMB Desk Officer
                for EPA.
                 EPA's policy is that all comments received will be included in the
                public docket without change including any personal information
                provided, unless the comment includes profanity, threats, information
                claimed to be Confidential Business Information (CBI) or other
                information whose disclosure is restricted by statute.
                FOR FURTHER INFORMATION CONTACT: Wendy Hoffman, Office of Emergency
                Management, Mail Code 5104A, Environmental Protection Agency, 1200
                Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
                564-8794; email address: [email protected].
                SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
                the information that EPA will be collecting are available in the public
                docket for this ICR. The docket can be viewed online at http://www.regulations.gov. Out of an abundance of caution for members of the
                public and our staff, the EPA Docket Center and Reading Room is closed
                to the public, with limited exceptions, to reduce the risk of
                transmitting COVID-19. Our Docket Center staff will continue to provide
                remote customer service via email, phone, and webform. For further
                information about the EPA's public docket, Docket Center services and
                the current status, please visit us online at https://www.epa.gov/dockets. The telephone number for the Docket Center is 202-566-1744.
                 Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
                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. 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. At that time, EPA will issue another Federal Register notice
                to announce the submission of the ICR to OMB and the opportunity to
                submit additional comments to OMB.
                 Abstract: The authority for these requirements is sections 311 and
                312 of the Emergency Planning and Community Right-to-Know Act (EPCRA)
                of 1986 (42 U.S.C. 11011, 11012). EPCRA section 311 requires owners and
                operators of facilities subject to the Occupational Safety and Health
                Administration (OSHA) Hazard Communication Standard (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) or Tribal Emergency Response
                Commission (TERC), Local Emergency Planning Committee (LEPC) or Tribal
                Emergency Planning Committee (TEPC), and the local fire department
                (LFD) with jurisdiction over their facility. This is a one-time
                requirement unless a facility becomes subject to the regulations or has
                updated information on the hazardous chemicals that were already
                submitted by the facility. EPCRA section 312 requires owners and
                operators of facilities subject to the OSHA HCS to submit an inventory
                form (for those chemicals that exceed the thresholds, specified in 40
                CFR part 370) to the SERC (or TERC), LEPC (or TEPC), and LFD with
                jurisdiction over their facility. This inventory form, the Tier II
                Emergency and Hazardous Chemical Inventory Form, is to be submitted on
                or before March 1 of each year and must include the inventory of
                hazardous chemicals present at the facility in the previous calendar
                year. Currently, all states require facilities to submit the Federal
                Tier II form or the state-equivalent, including electronic submission.
                 The burden estimates, numbers and types of respondents, wage rates
                and unit and total costs for this ICR renewal will be revised and
                updated if needed during the 60-day comment period while the ICR
                Supporting Statement is undergoing review at OMB.
                 Form Numbers: Tier II Emergency and Hazardous Chemical Inventory
                Form, EPA Form No. 8700-30.
                 Respondents/affected entities: Entities potentially affected by
                this ICR are manufacturers and non-manufacturers required to have
                available a MSDS (or Safety Data Sheet (SDS)) under the OSHA HCS.
                 Respondent's obligation to respond: Mandatory (sections 311 and 312
                of EPCRA).
                 Estimated number of respondents: 465,692. This figure includes
                3,052 LEPCs and SERCs and will be updated as needed during the 60-day
                OMB review period.
                 Frequency of response: Annual.
                 Total estimated burden: 6,825,633 hours (per year) (includes LEPCs
                and SERCs). This figure will be updated as needed during the 60-day OMB
                review period. Burden is defined at 5 CFR 1320.03(b).
                 Total estimated cost: $312,284,992 (per year), includes annualized
                capital or operation & maintenance costs. This figure will be updated
                to account for any changes in O&M costs, burden and number of
                respondents during the 60-day OMB review period.
                 Changes in Estimates: Changes in estimated costs are attributable
                to updated wage rates and a reduction in O&M costs. Any additional
                change in burden or cost resulting from the 60-day OMB review period
                will be described and explained in this section when the updated ICR
                Supporting Statement is completed.
                Donna Salyer,
                Director, Office of Emergency Management.
                [FR Doc. 2021-17903 Filed 8-19-21; 8:45 am]
                BILLING CODE 6560-50-P
                

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