83 FR 26997 - Proposed Information Collection Request; Comment Request; Trade Secrets Claims Under the Emergency Planning and Community Right-to-Know Information (EPCRA Section 322)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 112 (June 11, 2018)

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Trade Secrets Claims under the Emergency Planning and Community Right-to-Know Information'' (EPA ICR No. 1428.11, 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 below. This is a proposed extension of the ICR, which is currently approved through November 30, 2018. 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.

[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 26997-26998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12505]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2006-0361; FRL-9978-99-OLEM]


Proposed Information Collection Request; Comment Request; Trade 
Secrets Claims Under the Emergency Planning and Community Right-to-Know 
Information (EPCRA Section 322)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Trade Secrets Claims 
under the Emergency Planning and Community Right-to-Know Information'' 
(EPA ICR No. 1428.11, 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 below. This is a proposed extension of the ICR, which is 
currently approved through November 30, 2018. 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 August 10, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2006-0361 referencing the Docket ID numbers provided for each 
item in the text, 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.
    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: Sicy Jacob, Office of Emergency 
Management, (5104A), Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460; telephone number: (202) 564-8019; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    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 
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. The 
regulations are codified in 40 CFR part 350.
    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 list of those chemicals submitted 
in place of the MSDSs, (4) Section 312--Emergency and hazardous 
chemical inventory forms (Tier I or Tier II), and (5) Section 313 Toxic 
chemical release inventory form.
    Form Number: EPA Form No. 8700-30.
    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).
    Respondent's obligation to respond: Mandatory if the respondents 
wish to claim the chemical identity for any of the chemicals as trade 
secret in any of the reports required to be submitted under EPCRA.
    Estimated number of respondents: 305 (total). This number may be 
revised prior to submitting the ICR package to OMB based on the claims 
received as the compliance date for Section 313 report is July 1, 2018 
for 2017 reporting year.
    Frequency of response: Trade secret claim packages must be 
submitted to EPA at the same time the reports under Sections 303, 311, 
312, and 313 are submitted.
    Total estimated burden: 2,898 hours (per year). Burden is defined 
at 5 CFR 1320.03(b)
    Total estimated cost: $169,373 (per year). No capital and operation 
and maintenance costs are associated with any requirements in this ICR.
    Changes in Estimates: There is a decrease of 311 hours in the total 
estimated respondent burden compared with the ICR currently approved by

[[Page 26998]]

OMB. The actual number of claims submitted under Section 312 is 
slightly lower than the estimate provided in the previous ICR. The 
burden hours and costs may be revised based on the actual trade secret 
claim submissions received for Section 313 reports. The compliance 
deadline for section 313 report is July 1, 2018. EPA will revise the 
burden and costs prior to submitting the package to OMB.

    Dated: May 24, 2018.
Becki Clark,
 Deputy Director, Office of Emergency Management.
[FR Doc. 2018-12505 Filed 6-8-18; 8:45 am]
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