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Agency Information Collection Activities; Proposed Collection; Comment Request; Trade Secret Claims for Community Right-To-Know and Emergency Planning (EPCRA Section 322); EPA ICR No. 1428.07, OMB Control No. 2050-0078
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 26, 2006 (Volume 71, Number 80)]
[Notices]
[Page 24670-24672]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap06-65]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-SFUND-2006-0361; FRL-8162-3]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Trade Secret Claims for Community Right-To-Know and
Emergency Planning (EPCRA Section 322); EPA ICR No. 1428.07, OMB
Control No. 2050-0078
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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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 October 31, 2006. 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 June 26, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2006-0361, by one of the following methods:
? http://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:
5305T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
? Hand Delivery: 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-
2006-0361. EPA's policy is that all comments
[[Page 24671]]
received will be included in the public docket without change and may be
made available online at http://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 http://www.regulations.gov
or e-mail. The http://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 http://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
http://www.epa.gov/epahome/dockets.htm.
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; email 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-SFUND-2006-0361 which is available for online viewing at
http://www.regulations.gov , or in person viewing at the
Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102,
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 http://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
(ii) Proper performance of the functions of the Agency, including
whether the information will have practical utility;
(iii) 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; 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?
Trade Secret Claims for Community Right-to-Know and Emergency
Planning (EPCRA Section 322)--EPA No. 1428.07 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 Community Right-to-Know and
Emergency Planning (EPCRA Section 322).
ICR number: EPA ICR No. 1428.07, OMB Control No. 2050-0078.
ICR status: This ICR is currently scheduled to expire on October
31, 2006. 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: 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
(described in section 302), 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 establishes the requirements and
procedures that facilities must follow to request trade secrecy
treatment of chemical identities, as well as the procedures for
submitting public
[[Page 24672]]
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 to 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 it 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.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 9.8
hours per claim. 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 ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 1,050.
Frequency of response: Annual.
Estimated total average number of responses for each respondent: 10.
Estimated total annual burden hours: 3,483 hours.
Estimated total annual costs: $147,543. No capital or operation and
maintenance costs associated with this collection.
The burden and cost reported here are from the current approved
ICR. The costs will change in the package that is submitted to OMB
which will be based on the most recent labor and wage rate information
reported in the Bureau of Labor and Statistics. EPA contacted few
facilities that submitted trade secret claims for the reporting years
2002 through 2004. These facilities have reported that they take an
average of 5 hours per claim. It is lower than the Agency estimate in
the previous ICR, which is 9.8 hours per claim. To be conservative, the
Agency may continue to use the same estimate for this ICR.
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: April 18, 2006.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
[FR Doc. E6-6253 Filed 4-25-06; 8:45 am]
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