Supporting
Strrtemeut
 ox­
Renewal
of
Existing
Information
ColHection
Request
for
Confidentiality
Rules
I
(
4
1
(
bj
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
justifjmg
confidentiality
claims;
tlie
procedures
EPA
must
follow
in
reviewing
information
claimed
as
confidential,
notikng
and
providing
affected
businesses
with
an
opportunity
to
comment,
reviewing
industry
substantiations,
and
making
final
confidentiality
determinations;
and
tlie
requirement
for
the
signing
and
maintenance
of
coflldentiality
agreements
by
all
contractor/
subcontractor
employees
who
are
given
access
to
confidential
information
in
the
come
of
performing
work
for
EPA.

2.
Need
For
and
Use
of
the
Collection
Need/
Anthority
for
the
Collection
­
2
EPL4
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,
2nd
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
rmder
FOM
ror
m
f
h
i
a
I
i
~
~
thzt
is
cl~
mec?
as
confidendal,
or
wheii
rlie
Agency
lleeds
to
detenllille
the
coIihdentiality
of
infamation
for
other
purposes
(
e.
g.,
rulemakia,
o
or
litigatioul),
it
iiotifies
the
affected
business
and
provides
it
with
an
opportunity
to
comment.
Industly
P
.

I
conmients
which
explain
why
the
release
of
the
infomation
could
be
competitively
are
very
helpftd
to
EPA
111
making
final
confidentiality
determinations.
'
s
current
regulations,
substantiations
themselves
are
automatically
m
disclosrrre
if
they
are
marked
as
confidential
in
accordance
with
40
CFR
t
otherwise
possessed
by
EPA,
unless
their
disclosure
is
ordered
by
a
c
FYlien
EPA
utilizes
contractor/
subcontractor
services
for
activities
involving
CBI,
the
sribcontractor/
su~
contractor
must
emwe
that
all
its
eaployees
who
will
be
given
access
to
?
El
hwe
si,
sned
confidentiality
ageenxats.
Taese
ageements
state
that
exployees
shall
use
the
confidential
information
only
for
the
work
in
the
contractisubcontract,
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/
s
l
2
b
c
~
~
~
.
2
~
t
c
r
""
qxz.
y
mnst
also
fo;:
___
­
2
_
22_
c;
jp
r?
f­+
L­..
n
"_
=
p­;'­
r
.
VLlllll­"
IILIUI*
Ly
­?­
fi.
4pn+:
c!:
t­.
&@
GGiiiGiiLb.
­­­­­­­&­

The
procedures
laid
out
in
40
CFR,
part
2,
subpart
B,
derive
their
authority
from
FOIA,
the
Trade
Secrets
4ct,
and
the
confidentiality
provisions
of
environmental
statutes
administered
by
EPA,
as
follows:

*

=
Freedom
of
Wormation
Act,
5
U.
S.
C.
301,552
(
as
amended),
and
553
$
91
14,206,208,301,
and
307,
Clean
Air
Act,
as
amended
(
42
U.
S.
C.
7414,7525,
7542,7601,7607)
59308,
501,
a
d
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)
$
81445
and
1450,
Safe
Drinking
Water
Act
(
42
U.
S.
C.
30Oj­
4,
300j­
9)
$$
2002,3007,
and
9005,
Solid
Waste
Disposal
Act,
as
amended
(
42
U.
S.
C.
6912,
6927,6991d)
S$
S(
c),
11,
12(
b),
and
14,
Toxic
Substances
Control
Act,(
l5
U.
S.
C.
2607(
c),
2610,
261
l(
b),
2613)
$
910,
12,
and
25,
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act,
as
amended,
(
7
U.
S.
C.
136h,
136j,
136­
w)
5408(
f),
Federal
Food,
Dnig
and
Cosmetic
Act,
as
amended
(
21
U.
S.
C.
346(
f))
$
5104(
f)
and
108,
Marine
Protection
Research
and
Sanctuaries
Act
of
1972,
(
33
U.
S.
C.
1414(
f),
1415)
$
3
103
and
1
15,
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
EPX
will
use
tlie
iizfc;
rniat.
ion
received
froin
industry
to
help
determine
whether
particrziar
information
has
been
claimed.
as
confidential,
whether
tlie
Agency
needs
to
make
a
foimal
confidentiality
determination,
and
whether
the
infornmion
in
question
is
indeed
entitled
to
confidential
treahnent
under
exemption
4
of
FOUL
3.
Non­
Duplication,
Consultations
and
Other
Collection
Criteria
3
(
a)
Non­
Duplication
This
information
is
not
elsewhere
collected
from
businesses.

EPA
published
a
notice
of
the
renewal
of
the
existing
information
collection
7
request
for
confidentiality
rules
in
the
Federal
Register
on
April
12,2000
(
65
FR
19750)
and
;
nrT;
farl
nl,
hl;,
qG
A
­
_
'
­
1
­­­­­­­­
2
­­­­
­
­­­­
.
.
ALL,
yLLUIIU
VwIIUIiuuLO.
bl
AT
TCCCiVCu
LUILUIIUU~
S
uulll
uuc
u
~
+
~
l
~
a
t
m
i
,
cuiscm
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.
5
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
nrlemaking
(
ruUPR.
IIf)
in
the
summer
of
2000.
EEI's
comments
will
be
considered
in
the
course
of
examining
and
revising
EPA's
general
CBI
regulations.
7­
1'

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
hourIy
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
L4gency
burden
estimates
shown
in
Exhibits
I
and
3",

3(
d)
E  ects
of
Less
Frequent
CoZlection
Not
applicable.

3
3(
e)

4.
The
General
Guidelines
Not
applicable.
To
the
best
of
EPx's
Iaiowled,
oe,
this
collection
does
not
exceed
any
of
the
Paperwork
Reduction
Act
guidelines
at
5
CFR
1320.5(
d)(
2).

ConfidentiaIity
and
Sensitive
Questions
1.
Confidentiality
\

Under
EPk's
current
C33I
regulations
(
40
CFX
202.5jc)),
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
40
CFR
$
2.203(
b),
it
will
be
regarded
by
EPA
as
entitled
to
confidential
treatment
and
will
not
be
dsclosed
by
EPA
without
the
business's
consent,
unless
its
disclosure
is
duly
ordered
by
a
Federal
court,
notwithstandh,
o
other
provisions
of
ths
subpart
to
the
contrary."
not
ofnerwise
possessed
by
MA,
­­
.
and
is
marked
when
received
in
accordailce
with
2.
Sensitive
Questions
Not
applicable.
Ths
information
colIection
does
not
include
questions
of
a
sensitive
nature.

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

Information
Requested
Whenever
EP­
4
finds
it
necessarq.
to
detemine
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
wrieing
and
provide
them
with
an
opportrmity
to
comment
(
40
CFR
2.204(
e)).

4
1.
Data
Items
The
written
notice
from
EPA
(
40
CFR
2.204(
e)(
l))
invites
the
business's
coimients
on
the
following:
(
ij
The
portions
of
the
information
whieh
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
F
errnmently);
The
purpose
for
which
the
infomation
was
furnished
to
EFA
and
the
approximate
date
of
submission,
if
known;
(
iv)
Whether
a
business
confidentiafity
claim
accompanied
the
information
when
it
was
received
by
EPA;
(
TI]
Eeaswes
taken
by
&
e
business
to
guar5
against
ridesired
Ciisciosrirre
of
the
information
to
others;
(
vi)
T'ne
extent
to
which
the
infomation
has
been
disclosed
to
others,
and
the
precautions
taken
in
connection
therewith;
(
vi;)
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
dmlosure
of
the
information
would
be
likely
to
result
in
szbstantid
h
m
k
l
effects
on
the
business's
ccmpetitive
position,
and
if
so,
wliat
those
h
d
t
l
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
defmed
in
40
CFR
@
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
filtme.

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
nnd
hquiries
Pursuant
to
40
CFR
3.213,
a
business
may
elect
to
designate
an
official
contact
for
inquiries
aid
notices
concerning
confidentialiry
claims.
i.
DataItems
Name
and
address
of
the
business
malting
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.
Conjdentdi<
v
npeements
Pursuant
to
30
CFR
2.301
@)(
2)(
ii),
contractordsubcontractors
must
obtain
a
si,
sned
confidentidity
agreement
from
each
employee
who
is
to
be
given
access
to
CBI
which
oyee
will
honor
the
terms
of
the
contract/
subcontract
which
requires
1.
Data
Items
2.
Respondent
activities
Simed
confidentiality
agreements.

The
contractor
must
a.
require
each
eniployee
given
access
to
iiji
­­­
to
read
and
sign
a
contidentiaiity
agreement,
and
b.
maintain
a
file
of
such
agreements.

In
addition
to
the
information
collections
discussed
above,
when
EPA
intends
to
disclose
CBI
to
contractorslsubcontractors,
other
government
agencies
(
Federal,
State,
or
local),
or
members
of
Cong­
ess,
EPA
notifies
all
affected
businesses.
During
a
specified
period
of
time
prior
to
disclgsure,
businesses
may
submit
cmmnents.
Industry
has
rxely
sL&
mitted
comments
to
EPA
under
these
circumstances.

5.
The
Information
Collected
­
Agency
Activities,
Collection
MethodoIogy,
and
Information
Man%,
cement
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
FOW
request
(
5
U.
S.
C.
552)
or
when
EPA
desires
to
determine
the
confidentiality
of
information
within
its
possession
foi`
other
purposes
(
e.
g.,
rulemaking
or
litigation).
It
could
involve
determining
whether
a
business
confidentiality
claini
exists
or
whether
a
Federal
Coun
or
EPA
legal
office
has
previously
determined
that
the
information
in
question
is
entitled
to
treatment
as
CBI.

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
apppropriate
EPA
iegat
office
as
described
in
40
CFR
2.205.

E
The
types
of
infomation
that
are
requested
are
described
under
4(
b)
above.
EPA
notifies
affected
businesses
orally
and
in
n7riting
that
it
is
determining
the
confidentiality
of
info
they
have
submitted
and
affords
them
the
o
s
may
submit
comments
by
the
date
specifi
d
delivered
no
later
than
the
specified
date);
or
if
a
coment
period
is
made
by
the
business
and
approved
the
comments
are
due,
the
comment
period
may
be
514
5
(
d)
Confidential
information
that
is
submitted
to
EPA
is
protected
in
accordance
with
the
pc;
iicies
and.
proceciures
ciiscwseii
in
(
1
j
Chapter
8,
"
Information
Security,"
of
EPA's
IRW
Policy
itIcmzml,
Directive
2100,
revised
December
20,
1999;
(
2)
the
EPA
Iiformation
Seczivizj
iManzml,
Directive
2195A1,
December
20,
1999;
and
(
3)
information
security
procedures
issued
by
EPA
organizations
with
statutory
authority
for
tlie
information
[
e.
g.,
EPA's
Office
of
Prevention,
Pesticides,
and
Toxic
Substances
has
developed
specific
procedures
for
protecting
the
confidentiality
of
infomation
obtained
under
the
Toxic
Substances
Control
Act
(
TSCA)
and
the
Federal
Insecticide,
Fungkide,
and
Rodenticide
Act
(
FIFU)].

Small
Entity
Flrexibility
.
,

EPA
does
not
have
the
flexibility
to
waive
the
substantiation
requirement
for
small
entities
for
several
reasons:
(
1)
EPA
is
required
to
disclose
infoimation
that
is
requested
under
FOL4,
unless
the
information
is
specifically
exempt;
(
2)
if
EPA
discloses
information
that
is
entitled
to
confidential
treatment,
the
Federal
govenunent
could
be
held
liable
under
the
Federal
Tort
Claims
Act
and
individual
FederaI
employees
could
be
subject
to
criminal
liability
under
the
Trade
Secrets
Act
and
other
statutes,
and
(
3)
the
mbrnitter
of
the
information
is
in
the
best
position
to
explain
why
particular
information
should
be
entitled
to
confidential
treatment.

The
collection
of
substantiations
occurs
on
a
case­
by­
case
basis
as
needed.

Estimating
the
Burden
and
Cost
ofthe
Collection
See
Table
1
for
a
summary
of
the
burden
on
both
EPL4
and
respondents,
Table
3
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
coizfidentinlitv
claim
EPA
receives
approximately
1384
FOiA
requests
for
information
that
is
claimed
as
CBI
tion,
there
are
approximately
6
17
other
instances
per
year
which
ine
the
confidentiality
of
business
information.
Yet
formal
confidentiality
determinations
are
not
always
required.
For
example,
after
consulting
with
an
indiyAduai
d
m
reqrrested
i150rm
Agency
may
be
able
io
provide
the
information
that
is
of
most
interest
to
the
requester
wilhout
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
fb­
ther
examination
of
the
information
may
not
necessarily
be
required.

EPA
estimates
that
in
approximately
543
cases
per
yeas­,
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
(
Le.:
a
substantiation).
EPA
estimates
that
of
the
543
businesses
it
notifies
each
year,
approximately
443
businesses
submit
substantiations.
3
ucder
PO=,

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
I
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
6,3
02
hours
at
a
cost
of
$
205,946.49
in
labor.

B.
Confidentinliry
ngeements
When
EPA
utilizes
the
services
of
contractors/
subcontractors
in
implementing
40
CFR,
part
2,
subpart
B,
a11
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
o
f
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
togefner
have
a
totai
of
approximately
658
employees
who
must
sign
confidentiality
agreemeiits
each
yea­.
Each
ernployee
would
need
approxirnateiy
0.1
hour
to
review
and
sisi
an
agreement.
at
;
1
cost
of
S?
.34
in
labor;
the
review
and
signature
of
all
8
employee
agreements
would
require
approximately
65.5
hours
at
a
cost
of
$
2
I
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
totat
st
of
S1041.03
to
maintain
a
file
o
den
for
signing
and
maintaining
co
eeinents
would
thus
be
13
at
a
cost
of
$
3238.75.

I
C.
Overail'
Reqm~
dens
B
Z
~
P
~
C
~
Z
The
overall
respondent
burden
for
handling
Confidentiality
claifns
­
including
the
substantiation
process
and
the
signix$
naintainining
of
confidentiality
ageenients
­

would
be
6,432.3
hours
at
a
total
labor
cost
of
$
212,185.24
per
year.
EPA
estimates
t
h
t
no
capitai
costs
or
operaion
ar~
d
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,
notify­&
5
affected
businesses,
and
making
final
confidentiality
determinations
vanes
dependin,
u
on
the
complexity
of
the
case.
In
some
cases,
the
Information
that
industiy
claims
as
confidential
is
specific
and
easy
to
identify;
yet
in
other
cases,
entire
reports
may
be
claimed
as
confidential.
In
the
laaer
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/
attonieylu.,
GS­
14,
Step
5;
$
30.32/
technical
hr.,
GS­
13,
Step
5;
and
$
17.
SS/
clerical
hr.,
GS­
9,
Step
5
)
to
conduct
an
initial
review
of
a
confidentiality
claim
and
prepare
and
request
a
substantiation
from
the
submitter.
T~
LIS,
in
order
to
review
the
information
in
question
and
prepare
approximately
543
substantiation
requests
per
year,
EPA
would
spend
a
total
Qf
3801
.
O
hours
in
staff
time
at
a
total
Mmr
cost
of
$
120,296.22.

In
addition,
after
industry
comments
are
received,
it
takes
approximately
8
hours
(
6
attorney
hrs.
and
2
technical
Ius.)
at
a
cost
of
$
275.62
to
review
the
comments
and
detemine
whether
the
substantiation
that
is
claimed
as
confidential
is
indeed
entitled
to
confidential
treatment.
It
would
take
EPA
a
total
of
35.140
hours
at
2
total
labor
cost
of
S
122,
O99.66
TO
review
the
approximately
443
sLzbstantiations
that
would
be
submitted
by
industry.
(
Based
on
past
experience,
EPA
expects
that
ofrhe
543
indristiies
to
\

9
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
indrrstry,
review
stantiations
received,
and
make
final
confidentiality
determinations
w­
ould
be
approximately7345.0
hours
at
a
total
labor
cost
of
$
242,395.88
per
year.

6(
cj
Bseeom
Line
Burden
Honrs
and
cost
1
.
Substantiation
of
ConJicentiaIily
Claims
For
443
Businesses
Submitting
Sztbstcirztic~
tiorzs:
Burcien:
14
Ius.
I
443
=
6
,
m
i
h
s
.
Costs:
$
464.43
x
443
=
$
205,742.49
For
IO0
Businesses
Deciding
Not
To
Respond:
Burden:
1
hr.
x
100
=
100
hrs.
Costs:
$
32.04
x
100
=
$
3204.00
­
i,?
i
­

Totals:
6,202
+
100
=
6,302
hrs.
$
205,742.49
f
$
3204.00
=
$
208,946.49
2.
ConJidentiaIity
agreements
For
658
Co7it~­
actor/
Szbcontrnctor
Employees
To
Review
and
Sign
ConJideatiality
Agreements:
Burden:
0.1
hours
x
658
respondents/
year
=
65.5
hrs.
Costs:
$
3.34
x
655
=
$
2197.72
FOY
129
Contrnctor/
Subcoiztmctor.
Biisinesses
to
Maintain
and
File
CoriJidenrialigj
Agreements:
Burden:
0.5
hours
s
129
respondents/
year
=
64.5
hours
Costs:
$
8.07
x
139
respondentdyear
=
$
1041.93
Totals:
65.5
hrs.
+
64.5
lrs.
=
130.30
hrs.
Costs:
$
2197.73
+
$
1041.03
=
$
3238.75
10
3.
Tom1
Bi~
1­
clm
arid
Costs
for
Respondems:

,

~

i
I
I
Burden:
6,202
hrs.
+
130.30
=
6,432.3
hours
,
Costs:
$
205,742.49
­
$
3238.75
=
$
212,185.24
I
For
Initial
Review,
Preliminary
Determination,
and
Request
for
Substmtiattorz:
Burden:
7
h
s
.
x
543
=
38Oi
hrs.
Costs:
$
221.54
x
543
=
$
120,294.22
For
Review
of
Szibstarztiatiom
nncl
Final
ConJiclentinlity
Determination:
Burden:
8
hrs.
x
443
=
3544
hrs.

LCSIS:
SL/
3.5­'
x
443
=
Y:
LL,
uYY.
Go
Totals:
A^­­
r
­
1.­
"..­­
r
f
,­­­
4.
The
Agency
Tally
The
number
o respondents
in
the
current
estimate
of
the
amiual
reportins
and
recordkeeping
burden
(
a
total
of
1330)
includes
the
nuizber
ofbusinesses
who
cLibmit
substantiations
to
EPA
(
443),
the
number
of
businesses
who
decide
not
to
submit
substantiations
(
1
00),
the
number
of
contractor/
subcontractor
employees
who
must
si=
confidentiality
agreements
(
6529,
and
the
number
of
contractors/
subcontractors
who
must
maintain
and
file
confidentiality
agreements
(
139)
each
year.
The
previous
estimate
for
the
number
of
respondents
(
1008)
included
only
the
number
of
businesses
that
the
Agency
zxpected
to
submit
substantiations,
but
not
the
additional
recordkeeping
burden
associated
with
die
signing
and
maintenance
of
confidentiality
agreements.

11
,
~
_
IIyL
_
­

I
EPA
estimates
that
fewer
businesses
than
previously
estiniated
would
be
asked
to
submit
subsrantiations
(%
E),
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)
.

r­

In
addition,
EPA
believes
that
the
previous
estimate
of
1
125
contractorlsubcontractor
employees
who
must
sign
confidentiality
agreements
may
have
been
overly
broad
and
may
have
incbuied
employees
who
do
nm
xed
to
h
a
d
e
CB1;
based
on
consultations
with
EP4
program
offices,
the
Agency
estimates
that
approximately
65
8
contractor/
subcontractor
employees
currently
handle
CBI
for
the
agency
and
must
sign
confidentiality
ag­
eements.
I
I
6iej
Burden
Staxernem
1
I
~

I
The
public
reporting
burden
is
estimated
to
average
4.8
hours
per
respondent
per
year
(
6432
hrs./
l330
respondents
=
4.8
h­
shespondent.
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
instnictions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processins
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
infomiation;
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
ONlB
control
numbers
for
E'PA's
regulations
are
listed
in
40
CFR
part
9
and
38
CFR
chapter
15.

Send
comments
on
the
Age~
cy's
zezd
fer
this
Izfemation,
the
accxacy
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,
Wasliington,
D.
C.
30460;
and
to
the
Office
of
Idformation
and
Regulatory
Affairs,
Office
of
Management
and
Budget.
725
17th
Street,
NTIV,
Washington.
DC
30593,
Attention:
Desk
Officer
for
EPA.
Inchrde
the
EPA
ICR
number
and
OhB
sontrol
number
in
any
correspondence.

12
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