1
Supporting
Statement
for
Renewal
of
Existing
Information
Collection
Request
for
Confidentiality
Rules
1.
Identification
of
the
Information
Collection
1(
a)
Renewal
of
Existing
Information
Collection
Request
for
Confidentiality
Rules;
EPA
ICR
No.
1665.03,
OMB
CONTROL
No
2020­
0003.

1(
b)
Short
Characterization
The
U.
S.
Environmental
Protection
Agency
(
EPA)
promulgated
the
regulations
described
in
40
CFR,
part
2,
subpart
B,
in
1976
in
order
to
protect
confidential
business
information
(
CBI)
while
also
respecting
the
rights
of
the
public
under
the
Freedom
of
Information
Act
(
FOIA,
5
U.
S.
C.
§
552).

This
request
for
the
renewal
of
an
existing
information
collection
request
(
ICR)
covers
the
existing
provisions
in
40
CFR,
part
2,
subpart
B.
These
provisions
describe

the
procedures
industry
must
follow
in
asserting
and
justifying
confidentiality
claims;


the
procedures
EPA
must
follow
in
reviewing
information
claimed
as
confidential,
notifying
and
providing
affected
businesses
with
an
opportunity
to
comment,
reviewing
industry
substantiations,
and
making
final
confidentiality
determinations;
and

the
requirement
for
the
signing
and
maintenance
of
confidentiality
agreements
by
all
contractor/
subcontractor
employees
who
are
given
access
to
confidential
information
in
the
course
of
performing
work
for
EPA.

2.
Need
For
and
Use
of
the
Collection
2(
a)
Need/
Authority
for
the
Collection
EPA
administers
a
variety
of
environmental
protection
statutes,
which
require
it
to
collect
a
wide
range
of
data,
such
as
data
on
toxic
chemicals,
waste
streams,
industrial
processes,
and
regulatory
compliance.
In
many
instances,
companies
consider
the
information
they
submit
to
EPA
to
be
vital
to
their
competitive
position
and
they
claim
it
as
CBI.

In
accordance
with
40
CFR
part
2,
subpart
B,
when
EPA
receives
a
request
under
FOIA
for
information
that
is
claimed
as
confidential,
or
when
the
Agency
needs
to
determine
the
confidentiality
of
information
for
other
purposes
(
e.
g.,
rulemaking
or
litigation),
it
notifies
the
affected
business
and
provides
it
with
an
opportunity
to
comment.
Industry
2
comments
which
explain
why
the
release
of
the
information
could
be
competitively
damaging
are
very
helpful
to
EPA
in
making
final
confidentiality
determinations.
Under
EPA's
current
regulations,
substantiations
themselves
are
automatically
protected
from
disclosure
if
they
are
marked
as
confidential
in
accordance
with
40
CFR
2.203(
b)
and
not
otherwise
possessed
by
EPA,
unless
their
disclosure
is
ordered
by
a
Federal
court.

When
EPA
utilizes
contractor/
subcontractor
services
for
activities
involving
CBI,
the
subcontractor/
subcontractor
must
ensure
that
all
its
employees
who
will
be
given
access
to
CBI
have
signed
confidentiality
agreements.
These
agreements
state
that
employees
shall
use
the
confidential
information
only
for
the
work
in
the
contract/
subcontract,
shall
refrain
from
disclosing
the
information,
and
shall
return
all
of
the
copies
of
the
information
to
EPA
upon
request
or
the
completion
of
the
project.
The
contractor/
subcontractor
company
must
also
maintain
a
file
of
these
confidentiality
agreements.

The
procedures
laid
out
in
40
CFR,
part
2,
subpart
B,
derive
their
authority
from
FOIA,
the
Trade
Secrets
Act,
and
the
confidentiality
provisions
of
environmental
statutes
administered
by
EPA,
as
follows:
°
Freedom
of
Information
Act,
5
U.
S.
C.
301,
552
(
as
amended),
and
553
°
§
§
114,
206,
208,
301,
and
307,
Clean
Air
Act,
as
amended
(
42
U.
S.
C.
7414,
7525,
7542,
7601,
7607)
°
§
§
308,
501,
and
509(
a),
Clean
Water
Act,
as
amended
(
33
U.
S.
C.
1318,
1361,
1369(
a))
°
§
13,
Noise
Control
Act
of
1972
(
42
U.
S.
C.
4912)
°
§
§
1445
and
1450,
Safe
Drinking
Water
Act
(
42
U.
S.
C.
300j­
4,
300j­
9)
°
§
§
2002,
3007,
and
9005,
Solid
Waste
Disposal
Act,
as
amended
(
42
U.
S.
C.
6912,
6927,
6991d)
°
§
§
8(
c),
11,
12(
b),
and
14,
Toxic
Substances
Control
Act,(
15
U.
S.
C.
2607(
c),
2610,
2611(
b),
2613)
°
§
§
10,
12,
and
25,
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act,
as
amended,
(
7
U.
S.
C.
136h,
136j,
136w)
°
§
408(
f),
Federal
Food,
Drug
and
Cosmetic
Act,
as
amended
(
21
U.
S.
C.
346(
f))
°
§
§
104(
f)
and
108,
Marine
Protection
Research
and
Sanctuaries
Act
of
1972,
(
33
U.
S.
C.
1414(
f),
1418)
°
§
§
104
and
115,
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
of
1980,
as
amended
(
42
U.
S.
C.
9604,
9615)
°
§
505,
Motor
Vehicle
Information
and
Cost
Savings
Act,
as
amended
(
15
U.
S.
C.
2005)

2(
b)
Use/
Users
of
the
Data
EPA
will
use
the
information
received
from
industry
to
help
determine
whether
particular
information
has
been
claimed
as
confidential,
whether
the
Agency
needs
to
make
a
formal
confidentiality
determination,
and
whether
the
information
in
question
is
indeed
entitled
to
confidential
treatment
under
exemption
4
of
FOIA.
3
3.
Non­
Duplication,
Consultations
and
Other
Collection
Criteria
3(
a)
Non­
Duplication
This
information
is
not
elsewhere
collected
from
businesses.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
EPA
published
a
notice
of
the
renewal
of
the
existing
information
collection
request
for
confidentiality
rules
in
the
Federal
Register
on
April
12,
2000
(
65
FR
19750)
and
invited
public
comments.
EPA
received
comments
from
one
organization,
Edison
Electric
Institute
(
EEI),
which
encouraged
EPA
to
minimize
the
reporting
burden
on
companies
by
reducing
the
need
for
companies
to
have
to
file
substantiations.
Specifically,
EEI
encouraged
EPA
to
provide
categorical
confidential
treatment
under
FOIA
(
5
U.
S.
C.
§
552
(
b)(
4))
for
classes
of
commercially
sensitive
business
information
submitted
to
EPA.
EPA
is
currently
reviewing
its
general
CBI
regulations
(
40
CFR
part
2,
subpart
B)
and
plans
to
issue
an
advanced
notice
of
proposed
rulemaking
(
ANPRM)
in
the
summer
of
2000.
EEI's
comments
will
be
considered
in
the
course
of
examining
and
revising
EPA's
general
CBI
regulations.

3(
c)
Consultations
EPA
contacted
a
sample
of
nine
businesses
to
evaluate
the
industry
burden
associated
with
preparing
a
substantiation.
Four
of
these
nine
businesses
responded,
providing
a
range
of
burden
estimates.
Based
on
these
responses,
the
total
time
it
takes
to
prepare
a
substantiation
varies
from
6
to
18
hours.
The
hourly
wages
for
the
employees
involved
in
the
substantiation
process
ranged
from
$
50/
hour
to
$
140/
hour.
These
industry
burden
estimates
are
reflected
in
Exhibits
1
and
2.

In
addition,
EPA
requested
burden
estimates
from
EPA
program
and
regional
offices.
Their
responses
provided
the
basis
for
the
Agency
burden
estimates
shown
in
Exhibits
1
and
3.

3(
d)
Effects
of
Less
Frequent
Collection
Not
applicable.

3(
e)
General
Guidelines
Not
applicable.
To
the
best
of
EPA's
knowledge,
this
collection
does
not
exceed
any
of
4
the
Paperwork
Reduction
Act
guidelines
at
5
CFR
1320.5(
d)(
2).

3(
f)
Confidentiality
and
Sensitive
Questions
1.
Confidentiality
Under
EPA's
current
CBI
regulations
(
40
CFR
202.5(
c)),
respondents
may
claim
substantiations
submitted
to
EPA
as
confidential
and
be
assured
that
those
substantiations
will
be
protected
from
public
disclosure:
"
If
information
submitted
to
EPA
by
a
business
as
part
of
its
comments
.
.
.
pertains
to
the
business's
claim,
is
not
otherwise
possessed
by
EPA,
and
is
marked
when
received
in
accordance
with
40
CFR
§
2.203(
b),
it
will
be
regarded
by
EPA
as
entitled
to
confidential
treatment
and
will
not
be
disclosed
by
EPA
without
the
business's
consent,
unless
its
disclosure
is
duly
ordered
by
a
Federal
court,
notwithstanding
other
provisions
of
this
subpart
to
the
contrary."

2.
Sensitive
Questions
Not
applicable.
This
information
collection
does
not
include
questions
of
a
sensitive
nature.

4.
The
Respondents
and
the
Information
Requested
4(
a)
Respondents/
SIC
Codes
Respondents
could
potentially
include
any
business
submitting
a
document
to
EPA
that
it
claims
as
CBI.
EPA
receives
such
information
from
both
the
manufacturing
(
SIC
codes
20­
39)
and
non­
manufacturing
sectors
(
no
SIC
codes
identified).

4(
b)
Information
Requested
A.
Substantiation
of
confidentiality
claim
Whenever
EPA
finds
it
necessary
to
determine
the
confidentiality
of
information
that
has
been
claimed
as
CBI
(
e.
g.,
in
response
to
a
FOIA
request
or
in
connection
with
rulemaking
or
litigation)
(
40
CFR
2.204
(
c)
and
(
d)),
it
must
notify
affected
businesses
orally
and
in
writing
and
provide
them
with
an
opportunity
to
comment
(
40
CFR
2.204(
e)).

1.
Data
Items
The
written
notice
from
EPA
(
40
CFR
2.204(
e)(
1))
invites
the
business's
comments
on
the
following:
5
(
i)
The
portions
of
the
information
which
are
alleged
to
be
entitled
to
confidential
treatment;
(
ii)
The
period
of
time
for
which
confidential
treatment
is
desired
by
the
business
(
e.
g.,
until
a
certain
date,
until
the
occurrence
of
a
specified
event,
or
permanently);
(
iii)
The
purpose
for
which
the
information
was
furnished
to
EPA
and
the
approximate
date
of
submission,
if
known;
(
iv)
Whether
a
business
confidentiality
claim
accompanied
the
information
when
it
was
received
by
EPA;
(
v)
Measures
taken
by
the
business
to
guard
against
undesired
disclosure
of
the
information
to
others;
(
vi)
The
extent
to
which
the
information
has
been
disclosed
to
others,
and
the
precautions
taken
in
connection
therewith;
(
vii)
Pertinent
confidentiality
determinations,
if
any,
by
EPA
or
other
Federal
agencies;
and
a
copy
of
any
such
determination,
or
reference
to
it,
if
available;
(
viii)
Whether
the
business
asserts
that
disclosure
of
the
information
would
be
likely
to
result
in
substantial
harmful
effects
on
the
business's
competitive
position,
and
if
so,
what
those
harmful
effects
would
be,
why
they
should
be
viewed
as
substantial,
and
an
explanation
of
the
causal
relationship
between
disclosure
and
such
harmful
effects;
and
(
ix)
Whether
the
business
asserts
that
the
information
is
voluntarily
submitted
information
as
defined
in
40
CFR
§
2.201(
i),
and
if
so,
whether
and
why
disclosure
of
the
information
would
tend
to
lessen
the
availability
to
EPA
of
similar
information
in
the
future.

2.
Respondent
Activities
To
complete
the
collection,
the
respondent
must
a.
Read
EPA's
request
for
comments;
b.
Review
the
information
claimed
as
confidential;
c.
Prepare
and
submit
a
substantiation
to
EPA.

B.
Designation
by
Business
of
Addressee
for
Notices
and
Inquiries
Pursuant
to
40
CFR
2.213,
a
business
may
elect
to
designate
an
official
contact
for
inquiries
and
notices
concerning
confidentiality
claims.
1.
Data
Items
Name
and
address
of
the
business
making
the
designation,
and
the
name
and
address
of
the
designated
person
or
office.

2.
Respondent
Activities
To
identify
and
submit
the
information
to
EPA.

C.
Confidentiality
agreements
6
Pursuant
to
40
CFR
2.301(
h)(
2)(
ii),
contractors/
subcontractors
must
obtain
a
signed
confidentiality
agreement
from
each
employee
who
is
to
be
given
access
to
CBI
which
states
that
the
employee
will
honor
the
terms
of
the
contract/
subcontract
which
requires
protection
of
CBI.
1.
Data
Items
Signed
confidentiality
agreements.
2.
Respondent
activities
The
contractor
must
a.
require
each
employee
given
access
to
CBI
to
read
and
sign
a
confidentiality
agreement,
and
b.
maintain
a
file
of
such
agreements.

In
addition
to
the
information
collections
discussed
above,
when
EPA
intends
to
disclose
CBI
to
contractors/
subcontractors,
other
government
agencies
(
Federal,
State,
or
local),
or
members
of
Congress,
EPA
notifies
all
affected
businesses.
During
a
specified
period
of
time
prior
to
disclosure,
businesses
may
submit
comments.
Industry
has
rarely
submitted
comments
to
EPA
under
these
circumstances.

5.
The
Information
Collected
 
Agency
Activities,
Collection
Methodology,
and
Information
Management
5(
a)
Agency
Activities
1.
Review
and
make
a
preliminary
determination
of
whether
business
information
may
be
entitled
to
confidential
treatment.
This
review
could
be
undertaken
in
response
to
a
FOIA
request
(
5
U.
S.
C.
552)
or
when
EPA
desires
to
determine
the
confidentiality
of
information
within
its
possession
for
other
purposes
(
e.
g.,
rulemaking
or
litigation).
It
could
involve
determining
whether
a
business
confidentiality
claim
exists
or
whether
a
Federal
Court
or
EPA
legal
office
has
previously
determined
that
the
information
in
question
is
entitled
to
treatment
as
CBI.
2.
Notify
the
affected
business
orally
and
in
writing
that
the
Agency
is
determining
the
confidentiality
of
the
information
and
provide
the
business
with
an
opportunity
to
comment.
3.
Review
the
substantiation
received
(
if
any)
and
make
a
final
determination
whether
the
business
information
in
question
is
entitled
to
confidential
treatment.
This
determination
will
be
made
by
the
appropriate
EPA
legal
office
as
described
in
40
CFR
2.205.

5(
b)
Collection
Methodology
and
Management
The
types
of
information
that
are
requested
are
described
under
4(
b)
above.
EPA
notifies
affected
businesses
orally
and
in
writing
that
it
is
determining
the
confidentiality
of
information
they
have
submitted
and
affords
them
the
opportunity
to
comment.
Affected
businesses
may
submit
comments
by
the
date
specified
in
the
notice
(
i.
e.,
7
postmarked
or
hand
delivered
no
later
than
the
specified
date);
or
if
a
request
for
an
extension
of
the
comment
period
is
made
by
the
business
and
approved
by
the
EPA
legal
office
before
the
comments
are
due,
the
comment
period
may
be
extended
(
40
CFR
2.205(
b)(
2)).

Confidential
information
that
is
submitted
to
EPA
is
protected
in
accordance
with
the
policies
and
procedures
discussed
in
(
1)
Chapter
8,
"
Information
Security,"
of
EPA's
IRM
Policy
Manual,
Directive
2100,
revised
December
20,
1999;
(
2)
the
EPA
Information
Security
Manual,
Directive
2195A1,
December
20,
1999;
and
(
3)
information
security
procedures
issued
by
EPA
organizations
with
statutory
authority
for
the
information
[
e.
g.,
EPA's
Office
of
Prevention,
Pesticides,
and
Toxic
Substances
has
developed
specific
procedures
for
protecting
the
confidentiality
of
information
obtained
under
the
Toxic
Substances
Control
Act
(
TSCA)
and
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)].

5(
c)
Small
Entity
Flexibility
EPA
does
not
have
the
flexibility
to
waive
the
substantiation
requirement
for
small
entities
for
several
reasons:
(
1)
EPA
is
required
to
disclose
information
that
is
requested
under
FOIA,
unless
the
information
is
specifically
exempt;
(
2)
if
EPA
discloses
information
that
is
entitled
to
confidential
treatment,
the
Federal
government
could
be
held
liable
under
the
Federal
Tort
Claims
Act
and
individual
Federal
employees
could
be
subject
to
criminal
liability
under
the
Trade
Secrets
Act
and
other
statutes,
and
(
3)
the
submitter
of
the
information
is
in
the
best
position
to
explain
why
particular
information
should
be
entitled
to
confidential
treatment.

5(
d)
Collection
Schedule
The
collection
of
substantiations
occurs
on
a
case­
by­
case
basis
as
needed.

6.
Estimating
the
Burden
and
Cost
of
the
Collection
See
Table
1
for
a
summary
of
the
burden
on
both
EPA
and
respondents,
Table
2
for
the
estimated
burden
on
respondents,
and
Table
3
for
the
estimated
burden
on
EPA.

6(
a)
Estimating
Respondent
Burden
and
Cost
A.
Substantiation
of
confidentiality
claim
EPA
receives
approximately
1384
FOIA
requests
for
information
that
is
claimed
as
CBI
each
year.
In
addition,
there
are
approximately
617
other
instances
per
year
which
require
EPA
to
examine
the
confidentiality
of
business
information.
Yet
formal
confidentiality
determinations
are
not
always
required.
For
example,
after
consulting
8
with
an
individual
who
requested
information
under
FOIA,
the
Agency
may
be
able
to
provide
the
information
that
is
of
most
interest
to
the
requester
without
disclosing
any
CBI.
In
other
cases,
EPA
may
find
that
a
Federal
Court
or
EPA
legal
office
has
previously
determined
that
the
information
in
question
is
entitled
to
confidential
treatment,
and
further
examination
of
the
information
may
not
necessarily
be
required.

EPA
estimates
that
in
approximately
543
cases
per
year,
it
notifies
a
business
that
the
Agency
is
making
a
final
confidentiality
determination
on
information
the
business
has
previously
claimed
as
CBI
(
or
which
could
be
expected
to
be
CBI.).
The
affected
business
then
has
an
opportunity
to
submit
comments
explaining
why
the
information
should
be
protected
(
i.
e.,
a
substantiation).
EPA
estimates
that
of
the
543
businesses
it
notifies
each
year,
approximately
443
businesses
submit
substantiations.

EPA
estimates
that
it
takes
industry
approximately
14
hours
at
a
labor
cost
of
$
464.43
to
review
EPA's
notification
and
prepare
and
submit
each
substantiation;
or
a
total
of
6,202
hours
at
a
cost
of
$
205,742.49
in
labor
for
all
443
substantiations.
For
those
100
businesses
that
do
not
submit
substantiations,
they
are
still
likely
to
spend
about
1
hour
at
a
cost
of
$
32.04
in
labor
to
review
EPA's
notice,
examine
the
information
in
question,
and
make
a
decision
not
to
respond;
or
a
total
of
100
hours
at
a
cost
of
$
3,204
for
all
those
who
choose
not
to
respond.
The
total
burden
on
industry
to
review
and,
if
desired,
respond
to
543
EPA
substantiation
requests
is
6,302
hours
at
a
cost
of
$
208,946.49
in
labor.

B.
Confidentiality
agreements
When
EPA
utilizes
the
services
of
contractors/
subcontractors
in
implementing
40
CFR,
part
2,
subpart
B,
all
contractor/
subcontractor
employees
who
are
given
access
to
confidential
information
must
sign
confidentiality
agreements
stating
that
they
will
honor
the
terms
of
the
contract
which
requires
the
protection
of
CBI.
In
addition,
the
contractor/
subcontractor
businesses
must
maintain
a
file
of
all
such
agreements.
EPA
estimates
that
there
are
approximately
129
contractor/
subcontractor
businesses
who
deal
with
CBI
on
behalf
of
the
Agency.
These
129
contractor/
subcontractor
businesses
together
have
a
total
of
approximately
658
employees
who
must
sign
confidentiality
agreements
each
year.
Each
employee
would
need
approximately
0.1
hour
to
review
and
sign
an
agreement,
at
a
cost
of
$
3.34
in
labor;
the
review
and
signature
of
all
employee
agreements
would
require
approximately
65.8
hours
at
a
cost
of
$
2197.72.
In
addition,
each
subcontractor/
contractor
business
would
need
approximately
0.5
hour
at
a
cost
of
$
8.07
in
labor
per
year
to
maintain
a
file
of
employee
confidentiality
agreements;
the
129
contractor/
subcontractor
businesses
together
would
require
a
total
of
64.5
hours
at
a
labor
cost
of
$
1041.03
to
maintain
a
file
of
confidentiality
agreements.
The
total
burden
for
signing
and
maintaining
confidentiality
agreements
would
thus
be
130.3
hours
at
a
cost
of
$
3238.75.

C.
Overall
Respondent
Burden
9
The
overall
respondent
burden
for
handling
confidentiality
claims
 
including
the
substantiation
process
and
the
signing/
maintaining
of
confidentiality
agreements
 
would
be
6,432.3
hours
at
a
total
labor
cost
of
$
212,185.24
per
year.
EPA
estimates
that
no
capital
costs
or
operation
and
maintenance
costs
would
be
incurred
as
a
result
of
this
information
collection.

6(
b)
Estimating
Agency
Burden
and
Cost
The
burden
on
EPA
involved
in
evaluating
confidentiality
claims,
notifying
affected
businesses,
and
making
final
confidentiality
determinations
varies
depending
on
the
complexity
of
the
case.
In
some
cases,
the
information
that
industry
claims
as
confidential
is
specific
and
easy
to
identify;
yet
in
other
cases,
entire
reports
may
be
claimed
as
confidential.
In
the
latter
case,
a
significant
amount
of
time
may
be
required
just
to
review
the
information
in
question.
In
other
cases,
EPA
may
be
able
to
satisfy
a
FOIA
request
without
going
through
the
entire
substantiation
process,
if
after
conferring
with
a
requestor,
the
Agency
is
able
to
provide
the
information
of
interest
without
releasing
CBI.

Based
on
past
experience,
EPA
estimates
that
on
average,
it
takes
approximately
7
hours
(
4
attorney
hrs.,
2
technical
hrs.,
and
1
clerical
hour)
at
a
cost
of
$
221.54
($
35.83/
attorney
hr.,
GS­
14,
Step
5;
$
30.32/
technical
hr.,
GS­
13,
Step
5;
and
$
17.58/
clerical
hr.,
GS­
9,
Step
5)
to
conduct
an
initial
review
of
a
confidentiality
claim
and
prepare
and
request
a
substantiation
from
the
submitter.
Thus,
in
order
to
review
the
information
in
question
and
prepare
approximately
543
substantiation
requests
per
year,
EPA
would
spend
a
total
of
3801.0
hours
in
staff
time
at
a
total
labor
cost
of
$
120,296.22.

In
addition,
after
industry
comments
are
received,
it
takes
approximately
8
hours
(
6
attorney
hrs.
and
2
technical
hrs.)
at
a
cost
of
$
275.62
to
review
the
comments
and
determine
whether
the
substantiation
that
is
claimed
as
confidential
is
indeed
entitled
to
confidential
treatment.
It
would
take
EPA
a
total
of
3544.0
hours
at
a
total
labor
cost
of
$
122,099.66
to
review
the
approximately
443
substantiations
that
would
be
submitted
by
industry.
(
Based
on
past
experience,
EPA
expects
that
of
the
543
industries
to
whom
substantiations
were
sent,
approximately
443
would
decide
to
submit
comments.)

The
total
burden
to
EPA
to
review
the
initial
information
submitted
to
EPA,
make
a
preliminary
determination
of
confidentiality,
request
comments
from
industry,
review
the
substantiations
received,
and
make
final
confidentiality
determinations
would
be
approximately
7345.0
hours
at
a
total
labor
cost
of
$
242,395.88
per
year.

6(
c)
Bottom
Line
Burden
Hours
and
Cost
1.
Substantiation
of
Confidentiality
Claims
10
For
443
Businesses
Submitting
Substantiations:
Burden:
14
hrs.
x
443
=
6,202
hrs.
Costs:
$
464.43
x
443
=
$
205,742.49
For
100
Businesses
Deciding
Not
To
Respond:
Burden:
1
hr.
x
100
=
100
hrs.
Costs:
$
32.04
x
100
=
$
3204.00
Totals:
6,202
+
100
=
6,302
hrs.
$
205,742.49
+
$
3204.00
=
$
208,946.49
2.
Confidentiality
agreements
For
658
Contractor/
Subcontractor
Employees
To
Review
and
Sign
Confidentiality
Agreements:
Burden:
0.1
hours
x
658
respondents/
year
=
65.8
hrs.
Costs:
$
3.34
x
658
=
$
2197.72
For
129
Contractor/
Subcontractor
Businesses
to
Maintain
and
File
Confidentiality
Agreements:
Burden:
0.5
hours
x
129
respondents/
year
=
64.5
hours
Costs:
$
8.07
x
129
respondents/
year
=
$
1041.03
Totals:
65.8
hrs.
+
64.5
hrs.
=
130.30
hrs.
Costs:
$
2197.72
+
$
1041.03
=
$
3238.75
3.
Total
Burden
and
Costs
for
Respondents:

Burden:
6,202
hrs.
+
130.30
=
6,432.3
hours
Costs:
$
205,742.49
+
$
3238.75
=
$
212,185.24
4.
The
Agency
Tally
For
Initial
Review,
Preliminary
Determination,
and
Request
for
Substantiation:
Burden:
7
hrs.
x
543
=
3801
hrs.
Costs:
$
221.54
x
543
=
$
120,296.22
For
Review
of
Substantiations
and
Final
Confidentiality
Determination:
Burden:
8
hrs.
x
443
=
3544
hrs.
11
Costs:
$
275.62
x
443
=
$
122,099.66
Totals:
Burden:
3801
hrs.
+
3544
hrs.
=
7345
hrs.
Costs:
$
120,296.22
+
122,099.66
=
$
242,395.88
5.
Variations
in
the
Annual
Bottom
Line
Variations
in
the
annual
burden
on
EPA
and
respondents
could
potentially
occur
due
to
changes
in
°
the
number
of
FOIA
requests
that
EPA
receives
for
information
that
has
been
claimed
as
confidential;
°
the
number
of
times
that
EPA
determines
that
a
formal
confidentiality
determination
is
necessary
and
notifies
affected
businesses,
providing
them
with
an
opportunity
to
comment;
and
°
the
number
of
times
that
affected
businesses
decide
to
submit
substantiations.
At
this
time,
EPA
does
not
foresee
any
significant
changes
in
the
annual
burdens
outlined
above.

6(
d)
Reasons
for
Change
in
Burden
The
number
of
respondents
in
the
current
estimate
of
the
annual
reporting
and
recordkeeping
burden
(
a
total
of
1330)
includes
the
number
of
businesses
who
submit
substantiations
to
EPA
(
443),
the
number
of
businesses
who
decide
not
to
submit
substantiations
(
100),
the
number
of
contractor/
subcontractor
employees
who
must
sign
confidentiality
agreements
(
658),
and
the
number
of
contractors/
subcontractors
who
must
maintain
and
file
confidentiality
agreements
(
129)
each
year.
The
previous
estimate
for
the
number
of
respondents
(
1008)
included
only
the
number
of
businesses
that
the
Agency
expected
to
submit
substantiations,
but
not
the
additional
recordkeeping
burden
associated
with
the
signing
and
maintenance
of
confidentiality
agreements.

EPA
estimates
that
fewer
businesses
than
previously
estimated
would
be
asked
to
submit
substantiations
(
543),
and
of
these,
some
would
decide
not
to
respond
(
100).
The
burden
on
industry
to
submit
443
substantiations
is
considerably
less
than
the
burden
to
submit
1008
substantiations,
as
previously
estimated
(
6202
hrs.
vs.
9475
hrs).

In
addition,
EPA
believes
that
the
previous
estimate
of
1125
contractor/
subcontractor
employees
who
must
sign
confidentiality
agreements
may
have
been
overly
broad
and
may
have
included
employees
who
do
not
need
to
handle
CBI;
based
on
consultations
with
EPA
program
offices,
the
Agency
estimates
that
approximately
658
contractor/
subcontractor
employees
currently
handle
CBI
for
the
Agency
and
must
sign
confidentiality
agreements.

6(
e)
Burden
Statement
12
The
public
reporting
burden
is
estimated
to
average
4.8
hours
per
respondent
per
year
(
6432
hrs./
1330
respondents
=
4.8
hrs./
respondent.
This
includes
the
burden
hours
associated
with
industry
substantiations
of
confidentiality
claims,
as
well
as
the
signing
of
confidentiality
agreements
by
contractor/
subcontractor
employees
and
their
maintenance
by
their
contractors/
subcontractors.)

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;
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.
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.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
1200
Pennsylvania
Ave.,
NW,
Washington,
D.
C.
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.
