[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Pages 34037-34039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13959]



[EPA-HQ-SFUND-2006-0361; FRL-9681-6]

Agency Information Collection Activities; Proposed Collection; 
Comment Request; Trade Secret Claims for Emergency Planning and 
Community Right-To-Know Information; EPA ICR No. 1428.09

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 the Environmental 
Protection Agency (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 
November 30, 2012. Before submitting the ICR to OMB for review and 
approval, EPA is soliciting comments on specific aspects

[[Page 34038]]

of the proposed information collection as described below.

DATES: Comments must be submitted on or before August 7, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2006-0361, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: (202) 566-0224.
     Mail: Superfund Docket, Environmental Protection Agency, 
Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: Docket Center, EPA West Bldg., Room 3334, 
1301 Constitution Avenue NW., Washington, DC 20460. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2006-0361 identified by the Docket ID Number provided for each item in 
the text. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 email. 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 email 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 http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 
564-8019; fax number: (202) 564-2620; email address: 
[email protected].


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-SFUND-2006-0361 which is available for online viewing at 
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 
8:30 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 Superfund Docket is 202-566-1744.
    Use 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 

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 
    1. Explain your views as clearly as possible and provide specific 
    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-SFUND-2006-0361.
    Affected entities: Entities potentially affected by this action are 
manufacturers or non-manufacturers subject to reporting under Sections 
303, 311/312 or 313 of the Emergency Planning and Community Right-to-
Know Act (EPCRA).
    Title: Trade Secret Claims for Emergency Planning and Community 
Right-to-Know Information.
    ICR number: EPA ICR No. 1428.09, OMB Control No. 2050-0078.
    ICR status: This ICR is currently scheduled to expire on November 
30, 2012. 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.

[[Page 34039]]

    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 
claim of trade secrecy for that chemical identity. The provisions in 
Section 322 establish 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: 
(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.
    Burden Statement: The burden and costs stated below are from the 
current approved ICR. The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 9.8 
hours per claim. Prior to submitting ICR package to OMB, the Agency 
will revise the costs associated with this ICR based on the current 
labor and wage rates provided in the Bureau of Labor and Statistics, 
Employer Costs for Employee Compensation.
    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.
    The current approved ICR 1428.08 provides a detailed explanation of 
the Agency's estimate, which is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by 
this action are manufacturers or non-manufacturers subject to reporting 
under sections 303, 311/312 or 313 of the Emergency Planning and 
Community Right-to-Know Act (EPCRA).
    Estimated total number of potential respondents: 481.
    Frequency of response: Trade secret claims are submitted by 
facilities either annually with reports submitted under sections 312 
and 313 of EPCRA or during the time the LEPC request information under 
section 303 of EPCRA.
    Estimated total average number of responses for each respondent: 
    Estimated total annual burden hours: 4,658 hours.
    Estimated total annual costs: $0, which includes $0 annualized 
capital or O&M costs.

Are there changes in the estimates from the last approval?

    The burden hours and costs provided here are from the current 
approved ICR. Prior to submitting the ICR package to OMB, EPA may 
revise the burden hours and costs based on the current labor and wage 
rates provided in the Bureau of Labor and Statistics, Employer Costs 
for Employee Compensation.

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: May 30, 2012.
Lawrence M. Stanton,
Director, Office of Emergency Management.
[FR Doc. 2012-13959 Filed 6-7-12; 8:45 am]