Notice2021-18857
Proposed Information Collection Request; Comment Request: Information Collection Request Submitted to OMB for Review and Approval; Trade Secrets Claims for Community Right-To-Know and Emergency Planning (EPCRA Section 322), EPA ICR Number 1428.12, OMB Control Number 2050-0078
Primary source
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Published
September 1, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency is planning to submit an information collection request (ICR), "Trade Secrets Claims for Community Right-To-Know and Emergency Planning (EPCRA section 322)" (EPA ICR No. 1428.12, OMB Control No. 2050-0078) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. 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 April 30, 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.
Full Text
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<title>Federal Register, Volume 86 Issue 167 (Wednesday, September 1, 2021)</title>
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[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Pages 49020-49021]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18857]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-SFUND-2006-0361; FRL-8914-01-OLEM]
Proposed Information Collection Request; Comment Request:
Information Collection Request Submitted to OMB for Review and
Approval; Trade Secrets Claims for Community Right-To-Know and
Emergency Planning (EPCRA Section 322), EPA ICR Number 1428.12, OMB
Control Number 2050-0078
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), ``Trade Secrets Claims for
Community Right-To-Know and Emergency Planning (EPCRA section 322)''
(EPA ICR No. 1428.12, OMB Control No. 2050-0078) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. 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 April 30, 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 November 1, 2021.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2006-0361, to: (1) EPA online using <a href="http://www.regulations.gov">www.regulations.gov</a> (our
preferred method), by email to <a href="/cdn-cgi/l/email-protection#7e0d0b0e1b0c180b101a501a111d151b0a3e1b0e1f50191108"><span class="__cf_email__" data-cfemail="592a2c293c2b3f2c373d773d363a323c2d193c2938773e362f">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#157a7c67744a666077787c66667c7a7b557a78773b707a653b727a63"><span class="__cf_email__" data-cfemail="a5caccd7c4fad6d0c7c8ccd6d6cccacbe5cac8c78bc0cad58bc2cad3">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#9af2f5fcfcf7fbf4b4edfff4fee3daffeafbb4fdf5ec"><span class="__cf_email__" data-cfemail="177f7871717a767939607279736e5772677639707861">[email protected]</span></a>.
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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>. 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: This information collection request pertains to trade
secrecy claims submitted under section 322 of the Emergency Planning
and Community Right-to-Know Act of 1986 (EPCRA). EPCRA contains
provisions requiring facilities to report to state and local
authorities, and EPA, the presence of extremely hazardous substances
(section 302), inventory of hazardous chemicals (sections 311 and 312)
and manufacture, process and use of toxic chemicals (section 313).
Section 322 of EPCRA allows a facility to withhold the specific
chemical identity from these EPCRA reports if the facility asserts a
trade secret claim for that chemical identity. The provisions in
section 322 establish the requirements and procedures that facilities
must follow to request trade secret treatment of chemical identities,
as well as the procedures for submitting public petitions to the Agency
for review of the ``sufficiency'' of trade secret claims.
Trade secret protection is provided for specific chemical
identities contained in reports submitted under each of the
[[Page 49021]]
following sections of EPCRA: (1) Section 303(d)(2)--Facility
notification of changes that have or are about to occur; (2) section
303(d)(3)--Local Emergency Planning Committee (LEPC) requests for
facility information to develop or implement emergency plans; (3)
section 311--Material Safety Data Sheets (MSDSs) submitted by
facilities, or lists of those chemicals submitted in place of the
MSDSs; (4) section 312--Emergency and Hazardous Chemical Inventory
forms (Tier I and Tier II); and (5) section 313--Toxic chemical release
inventory form.
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: EPA Form 9510-1.
Respondents/affected entities: Entities potentially affected by
this action are manufacturer and non-manufacturer facilities subject to
reporting under sections 303, 311, 312 or 313 of the Emergency Planning
and Community Right-to-Know Act (EPCRA).
Respondent's obligation to respond: Mandatory if a respondent
decides to make a trade secret claim for the chemical identity for any
of the chemicals in any of the reports the respondent is required to
submit under EPCRA sections 303, 311, 312 or 313.
Estimated number of respondents: 283 trade secret claims.
Frequency of response: Annual, with reports submitted under
sections 312 and 313.
Total estimated burden: 2,689 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
Total estimated cost: $164,989 (per year). There are no capital or
operation and maintenance costs associated with this ICR.
Changes in Estimates: The small increase in estimated burden from
the previous ICR is because the actual number of claims submitted was
slightly higher than what EPA estimated it would receive in the
previous ICR. Changes in estimated costs are attributable to updated
wage rates and an increase in EPA 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.
Dated: August 25, 2021.
Donna Salyer,
Director, Office of Emergency Management.
[FR Doc. 2021-18857 Filed 8-31-21; 8:45 am]
BILLING CODE 6560-50-P
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