SUPPLEMENTARY INFORMATION:

This is a proposed extension of the ICR, which is currently approved through June 30, 2026. 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.

Public comments were previously requested via the Federal Register on December 11, 2025, during a 60-day comment period (90 FR 57462). This notice allows for an additional 30 days for public comments. 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 https://www.epa.gov/​dockets.

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 trade secret claim for that chemical identity. The provisions in section 322 establish the requirements and procedures that facilities must follow to request trade secret treatment of chemical identities, as well as the procedures for submitting public petitions to the Agency for review of the “sufficiency” of trade secret claims.

Trade secret protection is provided for specific chemical identities contained in reports submitted under each of the following sections of EPCRA: (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—Safety Data Sheets (SDSs) submitted by facilities, or lists of those chemicals submitted in place of the SDSs; (4) section 312—Emergency and Hazardous Chemical Inventory forms (Tier I and Tier II); and (5) section 313—Toxic Chemical Release Inventory form.

Form Numbers: EPA Form 9510-1.

Respondents/affected entities: Entities potentially affected by this action are manufacturer and non-manufacturer facilities 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 a respondent decides to make a trade secret claim for the chemical identity for any of the chemicals in any of the reports the ( printed page 37116) respondent is required to submit under EPCRA sections 303, 311, 312 or 313.

Estimated number of respondents: 55 facilities (total).

Frequency of response: Annual, with reports submitted under sections 312 and 313.

Total estimated burden: 7,021 hours (per year). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $527,092 (per year). There are no capital or operation and maintenance costs associated with this ICR.

Changes in the Estimates: There is an increase of 4,332 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase is due to an increase in the actual number of claims submitted in RY 2023 and RY 2024 compared to the prior ICR period. EPA's assumed labor burden per facility—9.5 hours—is unchanged from the previous ICR.

91 FR 37115