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)

Page Range		26997-26998
FR Document		2018-12505

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 Issue 112 (Monday, June 11, 2018)

[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]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices 26997

Regulation, Federal Energy Regulatory information whose disclosure is specific chemical identity from these
Commission at (202) 502–8622 or restricted by statute. EPCRA reports if the facility asserts a
James.Eason@ferc.gov. FOR FURTHER INFORMATION CONTACT: Sicy claim of trade secrecy for that chemical
Dated: June 5, 2018. Jacob, Office of Emergency identity. The provisions in Section 322
Nathaniel J. Davis, Sr., Management, (5104A), Environmental establish the requirements and
Protection Agency, 1200 Pennsylvania procedures that facilities must follow to
Deputy Secretary.
Ave. NW, Washington, DC 20460; request trade secrecy treatment of
[FR Doc. 2018–12467 Filed 6–8–18; 8:45 am]
telephone number: (202) 564–8019; chemical identities, as well as the
BILLING CODE 6717–01–P
email address: jacob.sicy@epa.gov. procedures for submitting public
SUPPLEMENTARY INFORMATION:
petitions to the Agency for review of the
Supporting documents which explain in ‘‘sufficiency’’ of trade secrecy claims.
ENVIRONMENTAL PROTECTION The regulations are codified in 40 CFR
AGENCY detail the information that the EPA will
be collecting are available in the public part 350.
[EPA–HQ–SFUND–2006–0361; FRL–9978– Trade secrecy protection is provided
docket for this ICR. The docket can be
99–OLEM] for specific chemical identities
viewed online at www.regulations.gov
contained in reports submitted under
or in person at the EPA Docket Center,
Proposed Information Collection each of the following: (1) Section 303
WJC West, Room 3334, 1301
Request; Comment Request; Trade (d)(2)—Facility notification of changes
Constitution Ave. NW, Washington, DC.
Secrets Claims Under the Emergency that have or are about to occur, (2)
The telephone number for the Docket
Planning and Community Right-to- Section 303 (d)(3)—Local Emergency
Center is 202–566–1744. For additional
Know Information (EPCRA Section Planning Committee (LEPC) requests for
information about EPA’s public docket,
322) facility information to develop or
visit http://www.epa.gov/dockets.
Pursuant to section 3506(c)(2)(A) of implement emergency plans, (3) Section
AGENCY: Environmental Protection
the PRA, EPA is soliciting comments 311—Material Safety Data Sheets
Agency (EPA).
and information to enable it to: (i) (MSDSs) submitted by facilities, or list
ACTION: Notice.
evaluate whether the proposed of those chemicals submitted in place of
SUMMARY: The Environmental Protection collection of information is necessary the MSDSs, (4) Section 312—Emergency
Agency (EPA) is planning to submit an for the proper performance of the and hazardous chemical inventory
information collection request (ICR), functions of the Agency, including forms (Tier I or Tier II), and (5) Section
‘‘Trade Secrets Claims under the whether the information will have 313 Toxic chemical release inventory
Emergency Planning and Community practical utility; (ii) evaluate the form.
Right-to-Know Information’’ (EPA ICR Form Number: EPA Form No. 8700–
accuracy of the Agency’s estimate of the
No. 1428.11, OMB Control No. 2050– 30.
burden of the proposed collection of Respondents/affected entities: Entities
0078) to the Office of Management and information, including the validity of
Budget (OMB) for review and approval potentially affected by this action are
the methodology and assumptions used; manufacturers or non-manufacturers
in accordance with the Paperwork (iii) enhance the quality, utility, and
Reduction Act. Before doing so, EPA is subject to reporting under Sections 303,
clarity of the information to be 311/312 or 313 of the Emergency
soliciting public comments on specific collected; and (iv) minimize the burden
aspects of the proposed information Planning and Community Right-to-
of the collection of information on those Know Act (EPCRA).
collection as described below. This is a who are to respond, including through
proposed extension of the ICR, which is Respondent’s obligation to respond:
the use of appropriate automated Mandatory if the respondents wish to
currently approved through November electronic, mechanical, or other
30, 2018. An Agency may not conduct claim the chemical identity for any of
technological collection techniques or the chemicals as trade secret in any of
or sponsor and a person is not required other forms of information technology,
to respond to a collection of information the reports required to be submitted
e.g., permitting electronic submission of under EPCRA.
unless it displays a currently valid OMB responses. EPA will consider the Estimated number of respondents:
control number. comments received and amend the ICR 305 (total). This number may be revised
DATES: Comments must be submitted on as appropriate. The final ICR package prior to submitting the ICR package to
or before August 10, 2018. will then be submitted to OMB for OMB based on the claims received as
ADDRESSES: Submit your comments, review and approval. At that time, EPA the compliance date for Section 313
referencing Docket ID No. EPA–HQ– will issue another Federal Register report is July 1, 2018 for 2017 reporting
SFUND–2006–0361 referencing the notice to announce the submission of year.
Docket ID numbers provided for each the ICR to OMB and the opportunity to Frequency of response: Trade secret
item in the text, online using submit additional comments to OMB. claim packages must be submitted to
www.regulations.gov (our preferred Abstract: This information collection EPA at the same time the reports under
method), by email to superfund.docket@ request pertains to trade secrecy claims Sections 303, 311, 312, and 313 are
epa.gov, or by mail to: EPA Docket submitted under Section 322 of the submitted.
Center, Environmental Protection Emergency Planning and Community Total estimated burden: 2,898 hours
Agency, Mail Code 28221T, 1200 Right-to-Know Act of 1986 (EPCRA). (per year). Burden is defined at 5 CFR
Pennsylvania Ave. NW, Washington, DC EPCRA contains provisions requiring 1320.03(b)
20460. facilities to report to State and local Total estimated cost: $169,373 (per
daltland on DSKBBV9HB2PROD with NOTICES

EPA’s policy is that all comments authorities, and EPA, the presence of year). No capital and operation and
received will be included in the public extremely hazardous substances maintenance costs are associated with
docket without change including any (Section 302), inventory of hazardous any requirements in this ICR.
personal information provided, unless chemicals (Sections 311 and 312) and Changes in Estimates: There is a
the comment includes profanity, threats, manufacture, process and use of toxic decrease of 311 hours in the total
information claimed to be Confidential chemicals (Section 313). Section 322 of estimated respondent burden compared
Business Information (CBI) or other EPCRA allows a facility to withhold the with the ICR currently approved by

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26998 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices

OMB. The actual number of claims received. This decision constitutes final systematic review document includes a
submitted under Section 312 is slightly Agency action and there is no structured process of identifying,
lower than the estimate provided in the Administrative appeal. This decision evaluating and integrating evidence for
previous ICR. The burden hours and may be reviewed/appealed in both the hazard and exposure
costs may be revised based on the actual compliance with the Administrative assessments developed during the TSCA
trade secret claim submissions received Procedure Act. risk evaluation process. This document
for Section 313 reports. The compliance DATES: This action is effective as of May may be revised periodically. EPA
deadline for section 313 report is July 1, 18, 2018. welcomes public input on the
2018. EPA will revise the burden and ADDRESSES: Copies of the petition document.
costs prior to submitting the package to reissuance and all pertinent information DATES: Comments on the problem
OMB. relating thereto are on file at the formulations must be received on or
Dated: May 24, 2018. following location: Environmental before July 26, 2018.
Becki Clark, Protection Agency, Region 6, Water EPA specifically requests comments
Deputy Director, Office of Emergency Division, Safe Drinking Water Branch on the Application of Systematic Review
Management. (6WQ–S), 1445 Ross Avenue, Dallas, in TSCA Risk Evaluations document for
[FR Doc. 2018–12505 Filed 6–8–18; 8:45 am] Texas 75202–2733. 45 days after date of publication in the
BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Federal Register. In addition, because
Philip Dellinger, Chief Ground Water/ this document is a living document
UIC Section, EPA—Region 6, telephone which may be revised periodically. EPA
ENVIRONMENTAL PROTECTION (214) 665–8324. welcomes public input on this
AGENCY Dated: May 18, 2018. document at any time.
James R. Brown, ADDRESSES: Submit your comments,
[FRL–9979–08-Region 6]
Associate Director, Safe Drinking Water identified by the appropriate docket
Underground Injection Control Branch. identification (ID) numbers as provided
Program; Hazardous Waste Injection [FR Doc. 2018–12508 Filed 6–8–18; 8:45 am]
in Unit IV., by one of the following
Restrictions; Petition for Exemption methods:
BILLING CODE 6560–50–P
Reissuance—Class I Hazardous Waste • Federal eRulemaking Portal: http://
Injection; U. S. Ecology Texas (USET) www.regulations.gov. Follow the online
Robstown, Texas ENVIRONMENTAL PROTECTION instructions for submitting comments.
AGENCY Do not submit electronically any
AGENCY: Environmental Protection information you consider to be
Agency (EPA). [EPA–HQ–OPPT–2018–0210; FRL–9978–40] Confidential Business Information (CBI)
ACTION: Notice of a final decision on a or other information whose disclosure is
Problem Formulations for the Risk restricted by statute. When submitting
UIC no migration petition reissuance.
Evaluations To Be Conducted Under comments, please be as specific as
SUMMARY: Notice is hereby given that a the Toxic Substances Control Act, and possible, and please include any
reissuance of an exemption to the Land General Guiding Principles To Apply supporting data or other information.
Disposal Restrictions, under the 1984 Systematic Review in TSCA Risk • Mail: Document Control Office
Hazardous and Solid Waste Evaluations; Notice of Availability (7407M), Office of Pollution Prevention
Amendments to the Resource AGENCY: Environmental Protection and Toxics (OPPT), Environmental
Conservation and Recovery Act, has Agency (EPA). Protection Agency, 1200 Pennsylvania
been granted to USET for two Class I ACTION: Notice. Ave. NW, Washington, DC 20460–0001.
hazardous waste injection wells located • Hand Delivery: To make special
at their Robstown, Texas facility. The SUMMARY: EPA is publishing and taking arrangements for hand delivery or
company has adequately demonstrated comments on the problem formulation delivery of boxed information, please
to the satisfaction of the EPA by the documents for the first 10 chemical follow the instructions at http://
petition reissuance application and substances undergoing risk evaluation www.epa.gov/dockets/contacts.html.
supporting documentation that, to a under the Toxic Substances Control Act Additional instructions on
reasonable degree of certainty, there will (TSCA). Comments received will inform commenting or visiting the docket,
be no migration of hazardous the development of draft risk evaluation along with more information about
constituents from the injection zone for documents for these 10 chemical dockets in general is available at http://
as long as the waste remains hazardous. substances. The 10 problem formulation www.epa.gov/dockets.
This final decision allows the documents announced in this document FOR FURTHER INFORMATION CONTACT:
underground injection by USET of the refine the scope documents published For technical information on the
specific restricted hazardous wastes in June 2017 and are an additional Problem Formulation documents
identified in this exemption reissuance, interim step, prior to publication of the contact: Christina Motilall, Risk
into Class I hazardous waste injection draft risk evaluations. EPA is also Assessment Division, Office of Pollution
wells WDW–278 and WDW–279 until publishing and taking comments on a Prevention and Toxics, Environmental
December 31, 2030, unless the EPA document entitled: ‘‘Application of Protection Agency, 1200 Pennsylvania
moves to terminate this exemption or Systematic Review in TSCA Risk Ave. NW, Washington, DC 20460–0001;
other petition condition limitations are Evaluations,’’ which sets out general telephone number: (202) 564–1287;
daltland on DSKBBV9HB2PROD with NOTICES

reached. Additional conditions principles to guide EPA’s application of email address: motilall.christina@
included in this final decision may be systematic review for TSCA risk epa.gov.
reviewed by contacting the EPA Region evaluations. The Office of Pollution For technical information on
6 Ground Water/UIC Section. A public Prevention and Toxics (OPPT) generally Application of Systematic Review in
notice was issued March 29, 2018, and intends to apply systematic review TSCA Risk Evaluations contact: Iris
the public comment period closed on principles in the development of risk Camacho, Risk Assessment Division,
May 15, 2018, and no comments were evaluations under TSCA. The Office of Pollution Prevention and

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Document Created: 2018-11-02 11:58:08
Document Modified: 2018-11-02 11:58:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be submitted on or before August 10, 2018.
Contact		Sicy Jacob, Office of Emergency Management, (5104A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-8019; email
FR Citation		83 FR 26997