[Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
[Notices]
[Page 50280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 99-24165]
[[Page 50280]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6439-6]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Trade Secret Claims for Emergency Planning and
Community Right-to-Know (EPCRA Section 322)
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 EPA is planning to submit the
following proposed Information Collection Request (ICR) to the Office
of Management and Budget (OMB): Trade Secret Claims for Emergency
Planning and Community Right-to-Know (EPCRA Section 322) EPA ICR Number
1428.05. This ICR renews a previously approved ICR No. 1428.04 (expires
March 31, 2000, OMB Control Number 2050-0078). 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 November 16, 1999.
FOR FURTHER INFORMATION CONTACT: Interested persons may obtain a copy
of the ICR without charge by contacting Sicy Jacob, Chemical Emergency
Peparedness and Prevention Office, SW, Washington DC 20460, 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 who wish to file a claim of trade secrecy of reporting
requirements under Section 322 of EPCRA. Entities may include chemical
manufacturers, non-chemical manufacturers, petroleum refineries, etc.
Title: Trade Secret Claims for Emergency Planning and Community
Right-to-Know (EPCRA Section 322), EPA ICR Number 1428.05.
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 and release of extremely hazardous
substances (described in Sections 302 and 304), inventory of hazardous
chemicals (described in Sections 311 and 312) and manufacture, process
and use of toxic chemicals (described in Section 313). Section 322 of
EPCRA allows a facility to withhold the specific chemical identity from
these EPCRA reports if the facility asserts a claim of trade secrecy
for that chemical identity. The provision establishs the requirements
and procedures that facilities must follow to request trade secrecy
treatment of chemical identities, as well as the procedures for
submitting public petitions to the Agency for review of the
``sufficiency'' of trade secrecy claims.
Trade secrecy protection is provided for specific chemical
identities contained in reports submitted under each of the following
EPCRA sections: (1) 303(d)(2)--Facility notification of changes that
have or are about to occur, (2) 303(d)(3)--Local Emergency Planning
Committee (LEPC) requests for facility information develop or implement
emergency plans, (3) 311--Material Safety Data Sheets (MSDSs) submitted
by facilities, or lists of those chemicals submitted in place of the
MSDSs, (4) 312--Tier II emergency and hazardous chemical inventory
forms, and (5) 313--Toxic chemical release inventory forms.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless is 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 annual public reporting and recordkeeping
burden for this collection of information is estimated to average 9.9
hours per claim. The total annual burden for the respondents is 3,121
hours at a cost of $190,280. 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: September 10, 1999.
Jim Makris,
Director, Chemical Emergency Preparedness and Prevention Office.
[FR Doc. 99-24165 Filed 9-15-99; 8:45 am]
BILLING CODE 6560-50-M