Statement
Supporting
the
Revision
of
the
Information
Collection
Procedure
for
the
Community
Right­
to­
Know
Regulation
of
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection
Request
Community
Right­
to­
Know
Reporting
Requirements
under
sections
311
and
312
of
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA)
 
EPA
No.
1352.09.

1(
b)
Short
Characterization
This
information
collection
request
(
ICR)
was
previously
approved
as
OMB
No.
2050­
0072
through
August
31,
2001,
for
2,041,500
hours.
Section
311
of
EPCRA
allows
the
public
access
to
Material
Safety
Data
Sheets
(
MSDSs)
that
facilities
provide
to
their
employees.
The
owner
or
operator
of
any
facility
that
is
required
to
prepare
or
have
available
an
MSDS
for
a
hazardous
chemical
under
the
Hazard
Communication
Standard
(
HCS)
of
the
Occupational
Safety
and
Health
Administration
(
OSHA)
must
submit
an
MSDS
to
the
state
emergency
response
commission
(
SERC),
the
local
emergency
planning
committee
(
LEPC),
and
the
local
fire
department
for
each
hazardous
chemical
stored
on­
site
in
a
quantity
greater
than
the
reporting
threshold.
Alternatively,
a
list
of
subject
chemicals,
grouped
by
hazard
type,
may
be
submitted
instead.
The
current
reporting
threshold
is
10,000
pounds
unless
the
chemical
is
specifically
listed
as
an
extremely
hazardous
substance
(
EHS)
under
EPCRA
section
302,
in
which
case
the
reporting
threshold
becomes
500
pounds
or
the
threshold
planning
quantity
(
TPQ),
whichever
is
less.
The
reporting
threshold
for
gasoline
(
all
grades
combined)
is
75,000
gallons
and
for
diesel
fuel
(
all
grades
combined)
is
100,000
gallons,
when
stored
entirely
underground
at
retail
gas
stations
that
are
in
compliance
with
UST
regulations.

The
submittal
of
a
list
of
chemicals
or
MSDSs
was
a
one­
time
requirement,
to
be
completed
by
October
17,
1987,
for
manufacturing
facilities
that
were
subject
to
OSHA
HCS
at
that
time.
OSHA
has
revised
its
standard
to
include
other
sectors
(
non­
manufacturers,
construction
etc.)
in
1988
and
1989.
So
any
new
facility
that
become
subject
to
OSHA
HCS
for
a
chemical
at
or
above
the
reporting
threshold
under
section
311,
must
submit
a
list
of
chemicals
or
MSDSs
within
three
months
to
the
appropriate
SERC,
LEPC,
and
local
fire
department.
Also,
facilities
must
submit
updates
to
the
list
of
MSDSs,
within
three
months,
when
a
new
hazardous
chemical
comes
on­
site
above
the
reporting
threshold.
If
significant
new
information
arises
concerning
a
previously
submitted
MSDS,
a
facility
must
submit
a
revised
MSDS.
Additionally,
if
the
SERC
or
LEPC
receives
a
request
from
the
public,
the
facility
must
provide
an
MSDS,
even
if
the
hazardous
chemical
is
stored
below
the
reporting
threshold.

Section
312
of
EPCRA
requires
owners
and
operators
of
facilities
subject
to
section
311
to
annually
report
the
inventories
of
those
chemicals
reported
under
section
311.
The
Environmental
Protection
Agency
(
EPA)
is
required
to
publish
two
emergency
and
hazardous
chemical
inventory
forms,
known
as
"
Tier
I"
and
"
Tier
II,"
for
use
by
these
facilities.
The
Tier
I
Form
provides
the
minimum
amount
of
information
necessary
to
comply
with
the
section.
Any
facility
that
is
required
to
submit
an
MSDS
or
list
of
chemicals
under
section
311
must
submit
a
Tier
I
form
annually
on
or
before
March
1,
incorporating
the
chemicals
reported
under
section
311.
Tier
I
Forms
are
submitted
to
the
SERC,
LEPC,
and
local
fire
department.
The
Tier
II
Form,
which
provides
chemical­
specific
information,
is
submitted
in
lieu
of
the
Tier
I
Form
only
if
specifically
requested
by
the
SERC
or
LEPC.
2
EPA
is
proposing
to
limit
the
number
of
chemicals
subject
to
routine
reporting
under
section
312
by
establishing
an
infinite
threshold
for
chemicals
that
pose
minimal
hazards
and
minimal
risks
for
the
community
and
emergency
responders.

EPA
estimates
that
504,000
manufacturing
and
non­
manufacturing
facilities
would
be
subject
to
reporting
and
recordkeeping
requirements
under
EPCRA
sections
311
and
312
with
the
proposed
infinite
threshold
for
low
hazard
chemicals.
The
total
burden
to
facilities
over
the
three­
year
information
collection
period
is
estimated
to
be
4,515,400
hours,
at
a
cost
of
$
131
million.
There
are
estimated
to
be
3,466
active
SERCs
and
LEPCs,
based
on
estimates
taken
from
a
recent
EPA
update
of
its
LEPC
database.
The
total
burden
associated
with
state
and
local
activities
is
estimated
to
be
398,800
hours,
at
a
cost
of
$
7.8
million.
MSDSs,
chemical
lists,
and
Tier
I
Forms
are
not
submitted
to
EPA.
Therefore,
no
Agency
burden
is
estimated
in
association
with
this
ICR.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
The
authority
for
these
requirements
is
EPCRA
sections
311
and
312
(
42
U.
S.
C.
§
11011
and
§
11012).

Section
311
requires
the
owner
or
operator
of
any
facility
that
is
required
to
prepare
or
have
available
an
MSDS
for
a
hazardous
chemical
under
OSHA
regulations
to
submit
an
MSDS
for
each
such
chemical,
or
a
list
of
chemicals,
to
the
SERC,
LEPC,
and
local
fire
department.
This
submittal
allows
local
emergency
planners/
responders
and
the
community
to
have
the
same
information
regarding
the
hazards
of
a
chemical
as
the
facility.

Section
312
requires
the
same
owners
or
operators
of
facilities
to
annually
report
the
inventories
of
the
chemicals
reported
under
section
311.
Section
312(
g)
requires
EPA
to
publish
emergency
and
hazardous
chemical
inventory
forms
for
use
by
facilities
subject
to
this
section.
In
final
rules
published
in
the
Federal
Register
on
October
15,
1987,
and
July
26,
1990,
EPA
published
the
two
"
formats"
required
under
EPCRA,
"
Tier
I"
and
"
Tier
II."
Tier
I
is
the
minimum
amount
of
information
necessary
to
comply
with
the
section.
Using
Tier
I,
facilities
aggregate
reportable
chemicals
by
hazard
type
and
provide
the
quantities
and
locations
of
the
chemicals.
The
Tier
II
Form
is
chemical­
specific
information
and
only
needs
to
be
submitted
(
in
lieu
of
the
Tier
I
Form)
if
specifically
requested
by
the
SERC
or
LEPC.

3.
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
Many
states
have
laws
that
require
information
similar
to
that
called
for
by
sections
311
and
312
of
EPCRA.
EPA
allows
the
state
program
to
suffice
for
reporting
provided
that
the
minimum
reporting
requirements
are
met.
The
burden
estimate
in
this
ICR
also
includes
burden
imposed
on
facilities
that
comply
with
state
requirements.
3
3(
b)
Consultations
To
estimate
the
burden
imposed
by
EPCRA
Sections
311
and
312
regulations,
EPA
had
contacted
representatives
of
several
industries,
including
small
to
large
size
facilities,
and
several
local
emergency
planning
committees
(
LEPCs)(
listed
below).
In
certain
cases
where
estimates
were
not
available
from
other
sources,
professional
judgement
was
used.
EPA
also
contacted
few
states
to
collect
estimates
of
the
reduction
in
the
number
of
facilities
and
reports
with
the
proposal
of
infinite
threshold
for
low
hazard
chemicals.
EPA
also
used
the
Tier
II
data
(
1997)
from
Pennsylvania.

Tim
Gablehouse
Dow
Freeport,
TX
(
5000
FTE)
Jefferson
County
LEPC,
CO
(
409)
238­
2981
(
303)
572­
0050
Elizabeth
Gonzalez
Paterson
Frozen
Foods,
CA
(
750
FTE)
Pasadena
(
TX)
LEPC
(
209)
892­
2611
(
713)
475­
5588
Gary
Brown
Lyondell
Chemical
Worldwide,
LA
(
514
FTE)
Cass
County
LEPC
(
Kansas
City,
MO)
(
318)
491­
3107
(
816)
474­
4240
Stephen
Whiteway
Farmland
Industries,
IA
(
55
FTE)
Richmond
County
(
VA)
LEPC
(
515)
543­
4365
(
804)
333­
3415
Rayna
Leibowitz
Joe
Pulaski
Maine
Emergency
Management
Agency
Connecticut
SERC
(
207)
626­
4505
(
860)
424­
3373
3(
c)
Effects
of
Less
Frequent
Collection
The
reporting
deadlines
for
sections
311
and
312
are
set
by
statute.
EPA
has
no
authority
to
allow
less
frequent
collection.

3(
d)
General
Guidelines
The
collection
activities
specified
in
this
ICR
adhere
to
the
guidelines
specified
by
OMB.

3(
e)
Confidentiality
The
respondent
may
claim
specific
chemical
identities
as
trade
secrets
in
reports
submitted
under
section
312
and
in
the
list
of
chemicals
and
material
safety
data
sheets
submitted
under
section
311.
Such
information
must
be
submitted
to
EPA
according
to
EPCRA
sections
322
and
323
(
40
CFR
Part
350).
4
All
trade
secrecy
claims
submitted
to
EPA
under
Title
III
are
handled
and
stored
according
to
procedures
set
out
in
the
Interim
OSWER
Procedures
For
Protecting
Title
III
Trade
Secret
Documents.
These
procedures
were
developed
expressly
for
Title
III
trade
secrecy
claims
with
the
knowledge
that
these
documents
are
sensitive.
Handling
and
review
of
documents
containing
Title
III
trade
secret
information
is
permitted
only
by
persons
who
have
obtained
formal
clearance
to
access
the
information
based
on
a
workrelated
need
to
engage
in
these
activities.
When
not
being
processed
or
reviewed
by
authorized
individuals,
the
claim
submissions
containing
trade
secret
information
are
stored
in
restricted
access
areas.
To
ensure
that
appropriate
handling
procedures
are
activated
and
the
confidentiality
of
Title
III
trade
secret
submissions
is
maintained,
the
Agency
attaches
a
cover
sheet
to
the
top
of
each
trade
secret
document
and
otherwise
marks
the
document
to
clearly
identify
the
document
as
Title
III
confidential.

3(
f)
Sensitive
Questions
The
information
gathering
activities
under
this
ICR
do
not
involve
any
sensitive
questions.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
SIC
Codes
Sections
311
and
312
are
applicable
to
all
facilities
that
are
required
to
prepare
or
have
available
an
MSDS
for
a
hazardous
chemical
as
required
under
OSHA.
This
requirement
includes
all
NAICS
codes.

Section
1910.1200
of
the
OSHA
regulations
currently
provides
the
following
exemptions:


Hazardous
wastes
regulated
under
the
Solid
Waste
Disposal
Act;


Tobacco
and
tobacco
products;


Wood
and
wood
products;


Articles
(
as
defined
by
section
1910.1200);


Food,
drugs,
cosmetics,
or
alcoholic
beverages
in
a
retail
establishment
that
are
packaged
for
sale
to
consumers;


Foods,
drugs,
or
cosmetics
intended
for
personal
consumption
by
employees
while
in
the
workplace;


Any
consumer
product
or
hazardous
substance
as
defined
by
the
Consumer
Product
Safety
Act
that
the
employer
can
demonstrate
is
used
in
the
workplace
in
the
same
manner
as
normal
consumer
use
and
that
results
in
a
duration
and
frequency
of
exposure
that
is
not
greater
than
exposures
experienced
by
consumers;
and

Any
drug,
as
defined
by
the
Federal
Food,
Drug,
and
Cosmetic
Act,
when
it
is
in
solid,
final
form
for
direct
administration
to
the
patient.
5
In
addition,
section
311(
e)
of
EPCRA
excludes
the
following
substances:


Any
food,
food
additive,
color
additive,
drug,
or
cosmetic
regulated
by
the
Food
and
Drug
Administration;


Any
substance
present
as
a
solid
in
any
manufactured
item
to
the
extent
exposure
to
the
substance
does
not
occur
under
normal
conditions
of
use;


Any
substance
to
the
extent
it
is
used
for
personal,
family,
or
household
purposes,
or
is
present
in
the
same
form
and
concentration
as
a
product
packaged
for
distribution
and
use
by
the
general
public;


Any
substance
to
the
extent
it
is
used
in
a
research
laboratory,
hospital,
or
other
medical
facility
under
the
direct
supervision
of
a
technically
qualified
individual;
and

Any
substance
to
the
extent
it
is
used
in
routine
agricultural
operations
or
is
a
fertilizer
held
for
sale
by
a
retailer
to
the
ultimate
customer.

Also,
minimum
reporting
thresholds
have
been
established
under
sections
311
and
312.
A
facility
must
report
those
hazardous
chemicals
that
are
present
at
the
facility
at
any
time
at
or
above
the
following
levels:


For
hazardous
chemicals
other
than
EHSs,
the
reporting
threshold
is
10,000
pounds.


For
EHSs,
500
pounds
or
the
TPQ,
whichever
is
less.

°
For
gasoline,
75,000
gallons
(
all
grades
combined)
and
100,000
gallons
for
diesel
fuel
(
all
grades
combined),
when
stored
entirely
underground
at
retail
gas
stations
that
are
in
compliance
with
UST
regulations.

An
infinite
threshold
is
being
proposed
for
chemicals
that
pose
minimal
hazard
or
minimal
risks.
Any
facility
must
report
chemicals
that
are
not
exempt
and
that
meet
the
reporting
criteria.

4(
b)
Information
Requested
4(
b)(
i)
Data
Items
Facilities
having
chemicals
subject
to
section
311
are
required
to
submit
MSDSs
for
these
chemicals.
These
MSDSs
are
the
same
as
those
required
under
OSHA
regulations.
A
facility
can
also
fulfill
its
section
311
reporting
obligation
by
submitting
a
list
of
chemicals
that
are
subject
to
the
requirements,
grouped
by
the
following
hazard
types:
fire,
sudden
release
of
pressure,
reactivity,
immediate
health
hazard,
and
acute
health
hazard.

On
or
before
March
1
of
each
year,
facilities
having
chemicals
that
need
reporting
must
submit
a
Tier
I
Form.
However,
the
Tier
II
Form
may
be
submitted
in
lieu
of
the
Tier
I.
The
Tier
I
Form
includes
the
following
information
as
required
by
the
statute:
6

An
estimate
in
ranges
of
the
maximum
amount
of
hazardous
chemicals
in
each
hazardous
category
present
at
the
facility
at
any
time
during
the
previous
year;
and

An
estimate
in
ranges
of
the
average
daily
amount
of
hazardous
chemicals
on­
site
in
each
hazard
category.

EPA
has
added
the
following
information
by
regulation:


Primary
SIC
code
and
Dun
and
Bradstreet
number
(
added
to
facilitate
entering
and
sorting
the
information
on
a
computer);


Two
emergency
contacts
(
added
to
give
SERCs,
LEPCs,
and
local
fire
departments
a
contact
at
the
facility
who
could
clarify
information
at
any
time,
particularly
in
the
event
of
an
emergency);


Number
of
days
on­
site
(
added
to
produce
a
more
accurate
estimate
of
the
average
daily
amount,
particularly
for
those
chemicals
that
are
on­
site
for
only
a
short
period
of
time
each
year);
and

Certification
and
signature.

Even
if
Tier
II
information
is
not
submitted
in
lieu
of
Tier
I,
it
must
be
submitted
upon
request
by
the
SERC,
LEPC,
or
local
fire
department.
The
Tier
II
Form
includes
the
following
information
as
required
by
statute:


The
chemical
name;


An
estimate
in
ranges
of
the
maximum
daily
amount
of
the
hazardous
chemical
present
at
the
facility
at
any
time;


An
estimate
in
ranges
of
the
average
daily
amount
of
hazardous
chemicals
present
at
the
facility
during
the
previous
year;


A
brief
description
of
the
manner
of
storage
of
the
hazardous
chemical;
and

The
location
of
the
hazardous
chemical
within
the
facility.

EPA
has
added
the
following
items
in
its
regulations:


CAS
number
to
identify
more
accurately
each
chemical
as
well
as
to
simplify
computer
use;


The
physical
state
to
help
identify
the
type
of
hazard
a
chemical
represents
in
an
emergency;


The
physical
and
health
hazards
associated
with
the
chemical;
7

Primary
SIC
code
and
Dun
and
Bradstreet
number
(
added
to
facilitate
entering
and
sorting
the
information
on
a
computer);


Two
emergency
contacts
(
added
to
give
SERCs,
LEPCs,
and
local
fire
departments
a
contact
at
the
facility
who
could
clarify
information
at
any
time,
particularly
in
the
event
of
an
emergency);


Number
of
days
on­
site
(
added
to
produce
a
more
accurate
estimate
of
the
average
daily
amount,
particularly
for
those
chemicals
that
are
on­
site
for
only
a
short
period
of
time
each
year);
and

Certification
and
signature.

4(
b)(
ii)
Respondent
Activities
To
determine
if
it
is
subject
to
section
311,
a
new
facility
must
look
at
inventory
records
for
all
of
its
chemicals
that
are
required
to
have
MSDSs
under
OSHA
Hazard
Communication
Standard.
The
facility
would
also
have
to
review
the
EHS
list
to
determine
if
any
of
its
chemicals
are
subject
to
a
lower
reporting
threshold.

If
the
facility
determines
that
it
has
chemicals
that
must
be
reported,
it
must
determine
the
address
of
the
SERC,
LEPC,
and
local
fire
department.
Copies
of
the
MSDSs
for
these
chemicals
may
be
submitted,
or
if
preferred,
the
facility
may
provide
a
list
of
the
subject
chemicals
grouped
by
hazard
type.
To
use
the
list
option,
the
facility
would
have
to
read
the
MSDS
to
determine
into
which
of
the
five
hazard
types
the
chemical
falls
and
to
identify
it
on
the
list.

EPA
is
proposing
to
exempt
some
low
hazard
chemicals
from
routine
312
reporting.
To
complete
the
Tier
I
form,
the
facility
would
need
to
determine
whether
the
chemical
is
on
any
of
the
lists
subject
to
312
reporting
and
monitor
its
inventory
records
for
the
chemical
(
to
determine
the
inventory
information),
add
the
quantities
together
for
chemicals
having
the
same
hazards,
and
determine
the
correct
code
(
listed
on
the
Tier
I
form
to
report
maximum
daily
amount,
average
daily
amount
etc.).

EPA
is
also
proposing
that
facilities
that
will
be
continued
to
be
covered
by
these
regulations,
must
submit
a
list
of
the
chemicals,
upon
request
by
the
SERC
or
the
LEPC,
that
are
no
longer
required
to
be
routinely
reported
because
of
the
infinite
threshold.
This
additional
information
may
only
be
required
in
the
first
year
after
the
rule
becomes
final,
to
be
submitted
along
with
their
inventory
report.

A
site
map
may
be
used
to
show
locations
of
hazardous
chemicals,
or
the
facility
may
choose
to
provide
the
general
location.

5.
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
8
1
To
develop
this
estimate,
1997
U.
S.
Census
data
on
the
number
of
manufacturing
establishments
were
reviewed.
The
summary
data
provided
by
the
Census
for
changes
in
the
number
of
manufacturers
between
1992
and
1997
differed
based
on
whether
NAICS
codes
or
SIC
codes
were
used.
The
SIC
code
comparison
indicated
a
growth
of
about
2
percent
over
the
five
years;
the
NAICS
code
comparison
indicated
a
decline
of
almost
5
percent.
To
be
conservative,
EPA
applied
the
2
percent
rate,
adjusted
to
0.4
percent
annually.
No
information
provided
under
sections
311
and
312
is
sent
to
EPA
except
the
trade
secret
claims,
which
is
covered
under
a
separate
ICR.
All
of
the
information
is
kept
at
the
state
or
local
level.

5(
b)
Collection
Methodology
and
Management
EPA
does
not
receive
the
data;
therefore,
EPA
does
not
have
any
special
data
collection
methodology
and
management.
However,
to
assist
SERCs
and
LEPCs,
EPA
has
provided
grants
to
several
states
to
create
an
electronic
reporting
format.
Some
states
have
also
created
databases
using
their
own
resources.
Facilities
in
states
having
the
ability
to
receive
section
311
and
312
information
electronically
are
encouraged
to
use
that
option.

5(
c)
Small
Entity
Flexibility
The
burden
hours
for
small
businesses
are
considered
to
be
smaller
than
those
for
large
facilities
because
of
the
reduced
number
of
chemicals
present
at
smaller
facilities.

5(
d)
Collection
Schedule
The
frequency
of
collection
for
these
sections
of
EPCRA
is
required
by
statute.
Also,
facilities
are
required
to
report
any
relevant
changes
when
they
occur.
The
submittal
of
a
list
of
chemicals
or
MSDSs
under
section
311
is
a
one­
time
requirement,
unless
significant
new
information
arises
concerning
a
previously
submitted
MSDS,
in
which
case,
a
facility
should
submit
a
revised
MSDS.
Facilities
must
submit
updates
to
the
list
or
MSDSs,
within
three
months,
when
a
new
hazardous
chemical
comes
on­
site
above
the
reporting
threshold.
The
facilities
subject
to
section
312
are
required
to
submit
either
Tier
I
or
Tier
II
on
or
before
March
1
annually.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
EPA
estimated
the
respondent
burden
hours
and
costs
associated
with
all
recordkeeping
and
reporting
requirements
of
EPCRA
sections
311
and
312.

The
previous
ICR
estimated
that
approximately
560,000
facilities
were
subject
to
the
requirements
of
EPCRA
sections
311
and
312.
EPA
estimates
that
the
exclusion
of
low
hazard
chemicals
will
lead
to
a
ten
percent
reduction
in
the
number
of
facilities
reporting,
resulting
in
a
universe
of
504,000
facilities.
An
additional
ten
percent
of
the
facilities
are
expected
to
have
at
least
one
low
hazard
chemical
and,
therefore,
need
to
familiarize
themselves
with
the
low
hazard
rule.
An
annual
growth
factor
of
0.4
percent
was
applied
to
the
83,000
manufacturers
in
the
universe
to
yield
facilities
that
are
subject
to
EPCRA
section
311
and
312
requirements
in
the
second
and
third
years
of
the
ICR­
approval
period.
1
9
It
is
important
to
note
that
initial
reporting
burdens
for
these
facilities
under
EPCRA
sections
311
and
312
are
assumed
to
have
occurred
and
are
not
included
in
this
ICR.
This
ICR
accounts
for
reporting
updates
and
other
periodic
reporting
and
recordkeeping
activities
that
apply
to
all
currently
regulated
facilities,
as
well
as
all
initial
reporting
burdens
for
new
facilities
that
are
expected
to
become
subject
to
the
reporting
requirements
over
the
three­
year
ICR­
approval
period.

There
are
estimated
to
be
3,466
active
SERCs
and
LEPCs,
based
on
estimates
taken
from
EPA's
recent
update
of
its
LEPC
database.
These
numbers
are
assumed
to
remain
constant
over
the
three­
year
ICR­
approval
period,
although
consolidations
occurring
in
some
states
may
reduce
the
total.
The
estimated
burden
to
complete
each
reporting
and
recordkeeping
activity
is
outlined
below.

The
unit
burden
estimates
associated
with
this
collection
for
facilities
and
state
and
local
agencies
are
presented
in
Exhibit
1.

Read
and
Understand
Regulations
EPA
estimates
that
332
newly
regulated
facilities
will
need
to
read
and
understand
the
regulations
(
40
CFR
Part
370)
in
the
first
year.
This
estimate
is
determined
by
applying
the
0.4
percent
annual
growth
rate
to
the
number
of
manufacturing
facilities
subject
to
the
regulation
as
of
2000.
Second
and
third
year
estimates
also
assume
a
0.4
annual
growth
rate
in
the
size
of
the
universe
of
regulated
facilities.
SERCs
and
LEPCs
are
assumed
to
have
already
completed
the
familiarization
activities.
EPA
assumes
that
it
takes
an
average
of
11.0
hours
per
facility
to
read
and
understand
regulations
in
40
CFR
Part
370.

EPA
assumes
that
facilities
currently
subject
to
40
CFR
part
370
are
already
familiar
with
the
regulations.
This
proposed
rule
is
intended
to
provide
burden
relief
to
these
facilities
by
proposing
infinite
threshold
for
chemicals
that
are
not
on
specific
lists.
Most
facilities
are
already
familiar
with
these
lists
since
they
may
be
already
complying
with
regulations
associated
with
these
lists.
Therefore,
EPA
assumes
facilities
will
have
minimal
burden
to
take
advantage
of
the
burden
reductions
in
this
proposed
rule.

EPA
estimates
that
20
percent
of
the
facilities
will
need
to
familiarize
themselves
with
the
low
hazard
rule;
this
20
percent
includes
the
ten
percent
who
will
no
longer
be
required
to
report.
Most
facilities
will
not
need
to
review
the
low
hazard
rule
because
they
have
very
few
chemicals,
such
as
chlorine
and
sulfur
dioxide
at
water
treatment
plants,
ammonia
at
refrigeration
plants,
or
fuel
oil
at
industrial
sites.
These
chemicals
will
not
be
excluded
and,
therefore,
the
facilities
will
not
need
to
review
the
new
rule.

Section
311:
MSDS
Reporting
for
Facilities
(
40
CFR
370.21)

The
MSDS
reporting
burden
only
applies
to
the
facility
respondent
universe.
EPA
estimates
that
332
newly
regulated
facilities
will
need
to
determine
which
chemicals
exceed
the
threshold
limits
and
calculate
quantities
for
mixtures
for
the
MSDS
reporting
requirements
in
the
first
year.
Of
this
universe,
34
percent
(
113
facilities
in
the
first
year)
will
submit
MSDSs
to
LEPCs,
SERCs,
and
local
fire
departments.
Alternatively,
facilities
may
submit
a
list
of
hazardous
chemicals
grouped
by
hazard
category
or
a
list
of
the
chemical
or
common
names
of
each
hazardous
chemical
in
lieu
of
submitting
an
MSDS.
Sixty­
six
percent
(
218
facilities
in
the
first
year)
are
expected
to
submit
such
lists.
The
percentages
were
determined
from
an
analysis
of
the
information
collected
for
the
1991
State
Title
III
Status
Report.
10
Exhibit
1
Section
311
and
312
Reporting
and
Recordkeeping
Requirements
Estimated
Unit
Burden
and
Cost
Annual
Hours
Burden
Total
Hours
Information
Collection
Activity
Legal
Management
Technical
Clerical
Burden
Annual
Cost
RULE
FAMILIARIZATION
(
Facilities)

Read
and
understand
regulations
at
40
CFR
Part
370
1.00
2.50
7.50
0.00
11.00
$
423
MSDS
REPORTING
(
370.21)
(
Facilities)

Basic
Reporting
Determine
which
chemicals
meet/
exceed
MTLs
0.00
0.25
0.90
0.00
1.15
$
37
Calculate
quantity
for
mixtures
0.00
0.50
1.80
0.00
2.30
$
73
Submit
MSDSs
to
SERC,
LEPC,
and
fire
department
0.00
0.08
0.17
0.08
0.33
$
10
Alternative
Reporting
Submit
list
of
hazardous
chemicals
grouped
by
hazard
category
0.00
0.00
1.00
0.08
1.08
$
30
Submit
revised
MSDSs
0.00
0.08
0.17
0.08
0.33
$
9
Submit
new
MSDSs
0.00
0.08
0.17
0.08
0.33
$
9
Additional
Reporting
Submit
MSDS
upon
request
0.00
0.08
0.17
0.08
0.33
$
9
INVENTORY
REPORTING
(
370.25)
(
Facilities)

Rule
familiarization
with
low
hazard
rule
1
1
$
26
Basic
Reporting
Develop
and
submit
Tier
I
inventory
form
annually
0.08
0.25
2.34
0.08
2.75
$
81
Alternative
Reporting
Develop
and
submit
Tier
II
inventory
form,
in
lieu
of
Tier
I
form,
annually
0.08
0.25
2.34
0.08
2.75
$
81
Additional
Reporting
Submit
Tier
II
form
to
LEPC,
SERC,
and
fire
department
upon
request
0.00
0.25
2.34
0.08
2.67
$
73
Provide
specific
location
to
fire
department
upon
request
0.00
0.00
0.50
0.08
0.58
$
15
Provide
list
of
low
hazard
chemicals
on
request
0.00
0.00
0.40
0.08
0.48
$
12
INFORMATION
REQUESTS
(
370.30)
(
State
and
local
governments)

File
and
maintain
annual
inventory
forms
and
data
0.00
0.00
5
27.25
32.25
$
628
Input
data
and
maintain
database
of
312
data
0.00
0.00
40
280
320
$
6,176
Provide
MSDSs
upon
written
request
0.00
0.00
0.50
0.17
0.67
$
16
Provide
Tier
II
information
upon
written
request
0.00
0.00
0.50
0.17
0.67
$
16
11
Of
those
facilities
submitting
lists
in
lieu
of
MSDSs,
all
facilities
(
218
facilities
in
the
first
year)
are
expected
to
elect
the
option
of
submitting
a
list
of
hazardous
chemicals
grouped
by
hazard
category.
Facilities
may
comply
with
this
option
by
simply
copying
their
Tier
II
form.
As
such,
EPA
estimates
that
no
respondents
will
elect
the
second
option
of
submitting
a
list
of
chemicals
by
name
as
provided
in
each
MSDS.

In
addition,
EPA
estimates
that
25,200
facilities
in
the
first
year
(
five
percent
of
the
universe,
reporting
Tier
I
or
Tier
II
inventories
in
the
first
year)
will
need
to
submit
a
revised
MSDS(
s)
and
the
same
number
will
need
to
submit
a
new
MSDS(
s)
in
accordance
with
40
CFR
370.21(
c)(
1)
and
(
2).
This
activity
represents
the
incremental
burden
for
a
facility
that
has
acquired
a
new
chemical
or
has
otherwise
changed
its
inventory.
Because
little
information
is
required
from
facilities
after
the
initial
submittal,
EPA
also
estimates
that
only
one
percent
of
the
total
universe
(
5,040
facilities)
may
be
specifically
requested
to
submit
an
MSDS
in
accordance
with
40
CFR
370.21(
d).
EPA
assumes
that
to
submit
new
MSDSs,
submit
revised
MSDSs
and
submit
MSDS
upon
request,
it
takes
about
0.33
hours
per
facility.

Section
312:
Inventory
Reporting
for
Facilities
(
proposed
40
CFR
370.25)

The
inventory
reporting
burden
only
applies
to
the
facility
respondent
universe.
EPA
estimates
that
201,600
facilities
(
about
40
percent)
will
develop
and
submit
Tier
I
inventory
forms
in
the
first
year,
while
302,400
(
about
60
percent)
facilities
will
submit
Tier
II
forms
in
lieu
of
Tier
I.
Each
of
these
estimates
is
derived
from
ratios
applied
to
the
total
universe
based
on
reporting
information
collected
for
the
1991
State
Title
III
Status
Report.
Forty
percent
of
facilities
submitted
Tier
I
forms,
while
60
percent
submitted
Tier
II,
according
to
data
from
the
1991
report.
The
majority
of
facilities
in
the
nonmanufacturing
sector
(
e.
g.,
oil
and
gas
extraction
facilities)
are
assumed
to
store
relatively
few
chemicals
in
amounts
that
exceed
reporting
thresholds
in
relation
to
the
number
stored
at
manufacturing
facilities.
The
corresponding
burden
estimates
for
completing
Tier
I
or
II
inventory
forms
are
therefore
assumed
to
be
lower
at
non­
manufacturing
facilities.
The
burden
estimates
in
Exhibit
1
for
technical
personnel
to
perform
inventory
reporting
are
weighted
averages
of
the
burden
for
manufacturing
facilities
(
an
estimated
8
hours)
and
of
the
burden
for
non­
manufacturing
facilities
(
an
estimated
2
hours).

Since
most
facilities
prefer
to
file
Tier
II
forms,
EPA
estimates
that
only
ten
percent
of
those
facilities
submitting
Tier
I
forms
(
20,160
facilities
in
the
first
year)
may
be
required
to
submit
Tier
II
forms
to
LEPCs,
SERCs,
and
fire
departments
upon
request.
In
addition,
EPA
estimates
that
only
one
percent
of
the
total
universe
of
facilities
(
5,040
facilities
in
the
first
year)
reporting
Tier
I
or
Tier
II
inventories
annually
may
be
asked
to
provide
specific
chemical
location
information
to
local
fire
departments.

EPA
contacted
representatives
of
several
industries
(
including
small
to
large
size
facilities)
to
reevaluate
the
burden
that
EPA
estimated
previously.
The
weighted
average
of
all
facilities
(
small
and
large)
showed
that
EPA's
original
estimate
of
3.18
hours
was
higher
than
actually
spent
by
facilities
in
part
because
for
most
facilities,
the
information
submitted
annually
does
not
change.
Also,
there
will
be
less
time
spent
on
Tier
I/
II
reports
because
of
the
proposed
infinite
threshold
for
minimal
hazard
and
minimal
risks
chemicals.
Consequently,
EPA
has
reduced
the
estimated
time
per
facility
to
file
inventory
reports
to
2.75
hours
and
generally
has
reduced
clerical
time
to
five
minutes
(
0.08
hours).
Facilities
that
submit
Tier
I
reports
and
are
then
asked
to
also
submit
a
Tier
II
report
are
assumed
to
spend
2.67
hours
developing
a
Tier
II
report.
12
Information
Requests
for
SERCs
and
LEPCs
(
proposed
40
CFR
370.62)

Information
request
burdens
in
proposed
40
CFR
370.62
are
incurred
by
LEPCs
and
SERCs.
EPA
estimates
that
the
LEPCs
or
SERCs
will
be
requested
to
provide
MSDSs
for
one
percent
of
the
total
universe
of
facilities
reporting
Tier
I
or
Tier
II
inventories
annually
(
5,040
facilities
in
the
first
year).
Also,
EPA
estimates
that
SERCs
and
LEPCs
will
request
one
percent
of
the
universe
(
5,040)
to
submit
a
list
of
low
hazard
chemicals
that
are
no
longer
required
to
be
reported
because
of
the
proposed
infinite
threshold
for
these
chemicals.
This
additional
information
may
only
be
required
in
the
first
year
of
section
312
reporting
after
the
rule
becomes
final.
SERCs
and
LEPCs
are
also
estimated
to
provide
Tier
II
information
to
the
public
on
one
percent
of
the
same
universe
of
facilities
(
5,040
facilities
in
the
first
year)
as
a
result
of
requests
from
the
public
for
such
information.

Electronic
Submission
An
increasing
number
of
states
are
encouraging
facilities
to
file
their
inventory
reports
electronically.
In
some
cases,
states
are
allowing
facilities
to
file
on­
line.
In
an
estimated
50
percent
of
the
states,
facilities
may
submit
their
reports
in
electronic
format.
Even
MSDSs
can
be
submitted
electronically
because
most
MSDSs
are
available
from
on­
line
databases
maintained
by
a
number
of
universities.
Electronic
filing
reduces
the
time
needed
to
complete
an
inventory
report
because
the
file
from
the
previous
year
can
be
edited.
For
most
facilities,
the
information
on
an
annual
inventory
report
does
not
change
appreciably
from
year
to
year.
As
a
result
of
this
movement
to
electronic
filing,
EPA
has
reduced
its
estimate
of
clerical
time
required
to
file
all
reports.

Also,
EPA
is
in
the
process
of
developing
personal
computer
software
for
use
by
facilities
in
submitting
Tier
II
reports.
The
software
will
most
likely
be
available
in
December
2001,
so
that
facilities
can
use
it
to
submit
reports
that
are
due
on
March
1,
2002.

Data
Management
for
SERCs
and
LEPCs
SERCs
and
LEPCs
receive
annual
inventory
forms
from
facilities,
which
they
must
make
available
to
the
public
on
request.
The
level
of
effort
needed
to
manage
these
forms
varies
depending
on
both
the
number
of
forms
received
and
the
ways
the
LEPC
or
SERC
uses
the
data.
Smaller
LEPCs
receive
few
forms
each
year;
LEPCs
in
industrialized
areas
or
that
cover
several
counties
and
SERCs
may
receive
a
large
number
of
forms.
The
degree
to
which
the
information
is
used
depends
on
whether
the
LEPC
or
SERC
has
the
resources
to
actively
handle
the
data.
Based
on
discussions
with
LEPCs,
EPA
determined
that
small
LEPCs
spend
on
average
five
hours
a
year
handling
the
forms;
large
LEPCs
may
spend
as
much
as
three
months
processing
the
forms.
SERCs
supported
by
fees
(
27
of
56)
are
also
likely
to
spend
considerable
time
on
the
data.
EPA
developed
a
weighted
average
of
32.5
hours
a
year,
based
on
the
assumption
that
120
LEPCs
and
27
SERCs
would
devote
considerable
effort
to
organizing
and
checking
the
data.
In
addition,
a
limited
number
of
SERCs
and
LEPCs
have
developed
databases
and
input
the
section
312
data
into
their
CAMEO
software
systems.
Based
on
discussions
with
LEPCs
that
have
databases,
EPA
estimates
that
this
effort
would
require
two
months
or
320
hours.
The
number
of
SERCs
and
LEPCs
with
databases
is
estimated
to
be
45,
a
third
of
the
SERCs
and
large
LEPCs.
13
2
U.
S.
Bureau
of
Labor
Statistics,
Employer
Cost
for
Employee
Compensation,
Table
12:
Private
Manufacturing
and
Non­
manufacturing
Industries,
March
2000.

3
U.
S.
Bureau
of
Labor
Statistics,
Employer
Cost
for
Employee
Compensation,
Table
4:
State
and
Local
Government
By
Occupational
and
Industry
Group,
March
2000.
6(
b)
Estimating
Respondent
Costs
The
annual
costs
to
respondents
were
estimated
by
multiplying
the
respondent
burden
estimates
for
each
labor
category
by
the
corresponding
labor
rate
for
that
category.
The
unit
costs
for
each
respondent
or
activity
are
then
multiplied
by
the
number
of
respondents
or
activities
performed
on
an
annual
basis
to
yield
a
total
cost
for
each
information
collection
activity
in
Section
6(
d).
These
costs
are
shown
in
Exhibit
1.

EPA
estimates
an
hourly
respondent
labor
cost
for
manufacturing
facility
respondents
of
$
43.46
for
managerial
staff,
$
28.59
for
technical
staff,
and
$
18.07
for
clerical
staff,
including
wages
and
benefits.
Hourly
respondent
labor
costs
for
non­
manufacturing
facility
respondents
are
estimated
at
$
36.48
for
managerial
staff,
$
26.33
for
technical
staff,
and
$
17.03
for
clerical
staff.
Legal
review
is
estimated
at
$
100
per
hour.
2
A
weighted
average
was
developed
based
on
the
percentage
of
manufacturing
and
nonmanufacturing
facilities.

EPA
estimates
an
hourly
respondent
labor
cost
(
including
overhead)
for
LEPCs
and
SERCs
of
$
36.20
for
managerial
staff,
$
24.76
for
technical
staff,
and
$
18.52
for
clerical
staff.
3
Capital
and
O&
M
Costs
Capital/
start­
up
and
operation
and
management
(
O&
M)
costs
were
also
estimated
for
facilities
and
state
and
local
governments.
Exhibit
5
presents
the
capital
and
O&
M
costs
for
complying
with
sections
311
and
312.
Capital
costs
include
the
cost
of
space
required
to
store
information
in
filing
cabinets.
Given
that
the
standard­
size,
four­
drawer
file
cabinet
is
expected
to
hold
approximately
12,500
pages
of
material,
EPA
estimates
that
the
SERC
and
LEPC
would
need
to
purchase
approximately
60
file
cabinets
in
total
within
the
time
period
of
this
ICR.
(
EPA
assumed
that
MSDSs
are
four
pages
and
inventory
forms
one
page
and
that
the
SERC
and
LEPC
or
fire
department
(
but
not
both)
would
maintain
the
records.
Electronic
filing
reduces
the
need
to
store
material
on
paper.)
Facilities
are
assumed
to
need
only
22
file
cabinets
in
total
to
maintain
copies
of
their
annual
inventory
reports;
the
cost
for
storing
MSDSs
for
facilities
is
covered
by
the
OSHA's
hazard
communication
standard
(
29
CFR
1910.1200).
Using
an
estimated
cost
of
$
100
per
filing
cabinet,
the
cost
of
purchasing
the
60
filing
cabinets
for
SERCs
and
LEPCs
is
estimated
to
be
$
6,000.
Annualizing
the
costs
over
15
years,
a
single
file
cabinet
has
annual
costs
of
$
11.

State
and
local
governments
are
assumed
to
incur
capital
costs
in
the
form
of
filing
cabinets
for
the
storing
new
and
revised
MSDSs,
lists
of
hazardous
chemicals,
and
the
annual
inventory
reports.
14
In
addition,
facilities
were
assumed
to
incur
postage
costs
for
mailing
new
and
revised
MSDSs,
lists
of
hazardous
chemicals,
and
the
annual
inventory
reports.
Total
cost
for
facilities
for
purchasing
22
filing
cabinets
is
$
2200.

State
and
local
governments
are
expected
to
incur
postage
costs
to
provide
MSDSs
to
the
public
upon
written
request
and
to
provide
Tier
II
information
upon
written
request.

Postage
is
estimated
to
cost
$
5
per
certified
package.

6(
c)
Estimating
Agency
Burden
and
Cost
EPA
estimates
no
annual
Agency
burden
associated
with
this
ICR.
Only
state
and
local
government
entities
are
required
to
comply
with
sections
311
and
312
of
EPCRA.
Burden
associated
with
managing
trade
secret
information
is
under
a
separate
ICR.

6(
d)
Estimating
Total
Annual
Respondent
Burden
Exhibits
2,
3,
and
4
present
the
respondent
burden
for
each
information
collection
activity
and
for
the
sum
of
all
information
collection
activities
performed
by
each
respondent
type.
Exhibit
5
shows
the
capital
and
O&
M
costs
to
facilities
over
the
three­
year
information
collection
period.
The
total
average
annual
respondent
burden
for
facilities
for
the
three­
year
period
is
1,505,140
hours,
for
a
total
annualized
cost
of
$
44
million.
The
total
average
annual
respondent
burden
for
state
and
local
governments
for
the
three­
year
period
is
132,940
hours,
for
a
total
annualized
cost
of
$
2.6
million.
These
burden
estimates
are
summarized
in
Exhibits
6
and
7.

6(
e)
Bottom
Line
Burden
Hours
and
Cost
The
total
burden
to
facility
respondents
over
three
years
is
4,515,400
hours
at
a
cost
of
$
131
million.
The
total
burden
to
LEPC
and
SERC
respondents
over
three
years
is
398,800
hours
at
a
cost
of
$
7.8
million.
Exhibits
6
and
7
present
a
summary
of
the
bottom
line
burden
and
cost
estimates
for
section
311
and
312
reporting
for
facilities
and
state
and
local
governments,
respectively.
15
Exhibit
2
Section
311
and
312
Reporting
and
Recordkeeping
Requirements
Estimated
First
Year
Total
Burden
and
Cost
Number
of
Annual
Hours
Burden
Total
Hours
Information
Collection
Activity
Respondents
Legal
Management
Technical
Clerical
Burden
Annual
Cost
RULE
FAMILIARIZATION
(
Facilities)

Read
and
understand
regulations
at
40
CFR
Part
370
332
332
831
2,493
0
3,657
$
140,640
Subtotal
3,657
$
140,640
MSDS
REPORTING
(
370.21)
(
Facilities)

Basic
Reporting
Determine
which
chemicals
meet/
exceed
MTLs
332
0
83
299
0
382
$
12,165
Calculate
quantity
for
mixtures
332
0
166
598
0
765
$
24,331
Submit
MSDSs
to
SERC,
LEPC,
and
fire
department
113
0
9
19
9
37
$
1,101
Alternative
Reporting
Submit
list
of
hazardous
chemicals
grouped
by
haz.
type
218
0
0
218
17
235
$
6,548
Supplemental
Reporting
Submit
revised
MSDSs
25,199
0
2,016
4,284
2,016
8,316
$
223,333
Submit
new
MSDSs
25,199
0
2,016
4,284
2,016
8,316
$
223,333
Additional
Reporting
Submit
MSDS
upon
request
5,040
0
403
857
403
1,663
$
44,667
Subtotal
19,714
$
535,477
INVENTORY
REPORTING
(
370.25)
(
Facilities)

Rule
familiarization
for
low
hazard
rule
111,920
0
0
111,920
0
111,920
$
2,952,696
Basic
Reporting
Develop
and
submit
Tier
I
inventory
form
annually
201,589
16,127
50,397
471,718
16,127
554,370
$
16,231,055
Alternative
Reporting
Develop
and
submit
Tier
II
form,
in
lieu
of
Tier
I,
annually
302,383
24,191
75,596
707,577
24,191
831,554
$
24,346,582
Additional
Reporting
Submit
Tier
II
to
LEPC,
SERC,
and
fire
dept.
upon
request
20,159
0
5,040
47,172
1,613
53,824
$
1,461,834
Provide
specific
location
to
fire
department
upon
request
5,040
0
0
2,520
403
2,923
$
73,357
Provide
list
of
low
hazard
chemicals
on
request
5,040
0
0
2,016
403
2,419
$
60,061
Subtotal
1,557,011
$
45,125,585
Total
(
Facilities)
1,580,381
$
45,801,702
INFORMATION
REQUESTS
(
370.30)
(
State
and
local
governments)

File
and
maintain
annual
inventory
forms
and
data
3,466
0
0
17,330
94,449
111,779
$
2,178,000
Input
data
and
maintain
database
of
312
data
45
0
0
1,800
12,600
14,400
$
278,000
Provide
MSDS
on
written
request
5,040
0
0
2,520
857
3,377
$
78,300
Provide
Tier
II
information
upon
written
request
5,040
0
0
2,520
857
3,377
$
78,300
Total
(
State
and
local
governments)
132,932
$
2,612,715
16
Exhibit
3
Section
311
and
312
Reporting
and
Recordkeeping
Requirements
Estimated
Second
Year
Total
Burden
and
Cost
Number
of
Annual
Hours
Burden
Total
Hours
Information
Collection
Activity
Respondents
Legal
Management
Technical
Clerical
Burden
Annual
Cost
RULE
FAMILIARIZATION
(
Facilities)

Read
and
understand
regulations
at
40
CFR
Part
370
334
334
834
2,503
0
3,671
$
141,203
Subtotal
3,671
$
141,203
MSDS
REPORTING
(
370.21)
(
Facilities)

Basic
Reporting
Determine
which
chemicals
meet/
exceed
MTLs
334
0
83
300
0
384
$
12,214
Calculate
quantity
for
mixtures
334
0
167
601
0
768
$
24,428
Submit
MSDSs
to
SERC,
LEPC,
and
fire
department
113
0
9
19
9
37
$
1,110
Alternative
Reporting
Submit
list
of
hazardous
chemicals
grouped
by
haz.
type
220
0
0
220
18
238
$
6,616
Supplemental
Reporting
Submit
revised
MSDSs
25,215
0
2,017
4,287
2,017
8,321
$
223,481
Submit
new
MSDSs
25,215
0
2,017
4,287
2,017
8,321
$
223,481
Additional
Reporting
Submit
MSDS
upon
request
5,043
0
403
857
403
1,664
$
44,696
Subtotal
19,733
$
536,026
INVENTORY
REPORTING
(
370.25)
(
Facilities)

Basic
Reporting
Develop
and
submit
Tier
I
inventory
form
annually
201,722
16,138
50,431
472,031
16,138
554,737
$
16,241,804
Alternative
Reporting
Develop
and
submit
Tier
II
form,
in
lieu
of
Tier
I,
annually
302,584
24,207
75,646
708,046
24,207
832,105
$
24,362,706
Additional
Reporting
Submit
Tier
II
to
LEPC,
SERC,
and
fire
dept.
upon
request
20,172
0
5,043
47,203
1,614
53,860
$
1,462,802
Provide
specific
location
to
fire
department
upon
request
5,043
0
0
2,522
403
2,925
$
73,405
Subtotal
1,443,627
$
42,140,717
Total
(
Facilities)
1,467,031
$
42,817,946
INFORMATION
REQUESTS
(
370.30)
(
State
and
local
governments)

File
and
maintain
annual
inventory
forms
and
data
3,466
0
0
17,330
94,449
111,779
$
2,178,277
Input
data
and
maintain
database
of
312
data
45
0
0
1,800
12,600
14,400
$
277,920
Provide
MSDS
on
written
request
5,043
0
0
2,522
857
3,379
$
78,311
Provide
Tier
II
information
upon
written
request
5,043
0
0
2,522
857
3,379
$
78,311
Total
(
State
and
local
governments)
132,936
$
2,612,818
17
Exhibit
4
Section
311
and
312
Reporting
and
Recordkeeping
Requirements
Estimated
Third
Year
Total
Burden
and
Cost
Number
of
Annual
Hours
Burden
Total
Hours
Information
Collection
Activity
Respondents
Legal
Management
Technical
Clerical
Burden
Annual
Cost
RULE
FAMILIARIZATION
(
Facilities)

Read
and
understand
regulations
at
40
CFR
Part
370
334
334
835
2,505
0
3,674
$
141,307
Subtotal
3,674
$
141,307
MSDS
REPORTING
(
370.21)
(
Facilities)

Basic
Reporting
Determine
which
chemicals
meet/
exceed
MTLs
334
0
84
301
0
384
$
12,223
Calculate
quantity
for
mixtures
334
0
167
601
0
768
$
24,446
Submit
MSDSs
to
SERC,
LEPC,
and
fire
department
114
0
9
19
9
37
$
1,111
Alternative
Reporting
Submit
list
of
hazardous
chemicals
grouped
by
haz.
type
220
0
0
220
18
238
$
6,608
Supplemental
Reporting
Submit
revised
MSDSs
25,232
0
2,019
4,289
2,019
8,327
$
223,629
Submit
new
MSDSs
25,232
0
2,019
4,289
2,019
8,327
$
223,629
Additional
Reporting
Submit
MSDS
upon
request
5,046
0
404
858
404
1,665
$
44,726
Subtotal
19,746
$
536,372
INVENTORY
REPORTING
(
370.25)
(
Facilities)

Basic
Reporting
Develop
and
submit
Tier
I
inventory
form
annually
201,857
16,149
50,464
472,344
16,149
555,105
$
16,252,596
Alternative
Reporting
Develop
and
submit
Tier
II
form,
in
lieu
of
Tier
I,
annually
302,785
24,223
75,696
708,516
24,223
832,658
$
24,378,894
Additional
Reporting
Submit
Tier
II
to
LEPC,
SERC,
and
fire
dept.
upon
request
20,186
0
5,046
47,234
1,615
53,896
$
1,463,774
Provide
specific
location
to
fire
department
upon
request
5,046
0
0
2,523
404
2,927
$
73,454
Subtotal
1,444,586
$
42,168,718
Total
(
Facilities)
1,468,006
$
42,846,397
INFORMATION
REQUESTS
(
370.30)
(
State
and
local
governments)

File
and
maintain
annual
inventory
forms
and
data
3,466
0
0
17,330
94,449
111,779
$
2,178,277
Input
data
and
maintain
database
of
312
data
45
0
0
1,800
12,600
14,400
$
277,920
Provide
MSDS
on
written
request
5,046
0
0
2,523
857
3,381
$
78,363
Provide
Tier
II
information
upon
written
request
5,046
0
0
2,523
858
3,381
$
78,352
Total
(
State
and
local
governments)
132,940
$
2,612,912
18
Exhibit
5
Capital/
Start­
up
and
O&
M
Costs
Capital/
Start­
up
Costs
O&
M
Costs
Activity
First
Year
Second
Year
Third
Year
First
Year
Second
Year
Third
Year
Maintain
records
$
235
$
233
$
233
Submit
MSDSs
to
SERC,
LEPC,
and
fire
department
$
1,100
$
1,100
$
1,100
Submit
list
of
hazardous
chemicals
grouped
by
haz.
type
$
2,200
$
2,200
$
2,200
Submit
revised
MSDSs
$
252,000
$
252,000
$
252,000
Submit
new
MSDSs
$
252,000
$
252,000
$
252,000
Submit
MSDS
upon
request
$
25,200
$
25,200
$
25,200
Develop
and
submit
Tier
I
inventory
form
annually
$
2,016,000
$
2,017,000
$
2,019,000
Develop
and
submit
Tier
II
form,
in
lieu
of
Tier
I,
annually
$
3,024,000
$
3,026,000
$
3,028,000
Submit
list
of
low
hazard
chemicals
on
request
$
50,400
Submit
Tier
II
to
LEPC,
SERC,
and
fire
dept.
upon
request
$
100,800
$
100,900
$
100,900
Provide
specific
location
to
fire
department
upon
request
$
25,200
$
25,200
$
25,200
Total
Facilities
$
235
$
233
$
233
$
5,749,000
$
5,702,000
$
5,706,000
Maintain
Files
$
666
$
662
$
662
Provide
MSDSs
upon
written
request
$
25,200
$
25,200
$
25,200
Provide
Tier
II
information
upon
written
request
$
25,200
$
25,200
$
25,200
Total
SERCs/
LEPCs
$
666
$
662
$
662
$
50,400
$
50,400
$
50,500
19
Exhibit
6
Summary
of
Total
Burden
and
Cost
Estimates
for
Facilities
Total
Hours
Total
Cost
Year
Burden(
hrs)
Labor
Capital
O&
M
Total
First
1,580,381
$
45,801,702
$
235
$
5,748,606
$
51,550,542
Second
1,467,031
$
42,817,946
$
233
$
5,701,980
$
48,520,158
Third
1,468,006
$
42,846,397
$
233
$
5,705,786
$
48,552,416
Total
4,515,418
$
131,466,044
$
700
$
17,156,372
$
148,623,116
Annualized
1,505,139
$
43,822,015
$
233
$
5,718,791
$
49,541,039
Exhibit
7
Summary
of
Total
Burden
and
Cost
Estimates
for
SERCs
and
LEPCs
Total
Hours
Total
Cost
Year
Burden(
hrs)
Labor
Capital
O&
M
Total
First
132,932
$
2,612,715
$
666
$
50,397
$
2,663,778
Second
132,936
$
2,612,818
$
662
$
50,431
$
2,663,911
Third
132,940
$
2,612,912
$
662
$
50,464
$
2,664,038
Total
398,808
$
7,838,445
$
1,990
$
151,292
$
7,991,727
Annualized
132,940
$
2,612,815
$
663
$
50,430
$
2,663,910
20
6(
f)
Reasons
for
Change
in
Burden
The
estimated
average
annual
burden
to
facility
respondents
for
reporting
and
recordkeeping
activities
under
EPCRA
sections
311
and
312
decreased
from
1,895,207
hours
per
year
in
the
previous
ICR
to
1,505,139
hours
because
of
the
reduction
in
the
universe
from
the
proposed
infinite
threshold
for
minimal
hazard
and
minimal
risk
chemicals,
the
subsequent
reduction
of
reports
filed
by
facilities,
and
the
increased
number
of
electronic
submission
of
Tier
II
reports.

The
estimated
average
annual
burden
for
SERCs,
LEPCs,
and
fire
departments
decreased
from
146,300
hours
to
132,940
hours.
The
reason
for
this
reduction
is
the
revised
estimate
for
the
number
of
LEPCs.

6(
g)
Burden
Statement
The
estimated
burden
for
facilities
to
familiarize
with
this
rule
is
1.0
hour.
The
average
burden
for
new
facilities
to
read
and
understand
the
regulations
in
40
CR
Part
370
is
11.0
hours.
The
average
burden
for
MSDS
reporting
under
40
CFR
370.21
is
estimated
at
1.15
hours
for
new
and
newly
regulated
facilities
and
approximately
0.33
hours
for
those
existing
facilities
that
obtain
new
or
revised
MSDSs
or
receive
requests
for
MSDSs
from
local
governments.
For
new
and
newly
regulated
facilities,
this
burden
includes
the
time
required
to
read
and
understand
the
regulations,
to
determine
which
chemicals
meet
or
exceed
reporting
thresholds,
and
to
submit
MSDSs
or
lists
of
chemicals
to
SERCs,
LEPCs,
and
local
fire
departments.
For
existing
facilities,
this
burden
includes
the
time
required
to
submit
revised
MSDSs
and
new
MSDSs
to
local
officials.
The
average
reporting
burden
for
facilities
to
perform
Tier
I
or
Tier
II
inventory
reporting
under
40
CFR
370.25
is
estimated
to
be
approximately
2.75
hours
per
facility,
including
the
time
to
develop
and
submit
the
information.
There
are
no
recordkeeping
requirements
for
facilities
under
EPCRA
sections
311
and
312
although
it
is
assumed
that
they
will
maintain
a
copy
of
annual
reports
to
use
for
future
filings.
EPA
also
estimated
the
cost
for
filing
cabinets
for
facilities.
The
recordkeeping
for
MSDSs
is
mandated
under
OSHA
rules.

The
average
burden
for
state
and
local
governments
to
respond
to
requests
for
MSDSs
or
Tier
II
information
under
40
CFR
370.30
is
estimated
to
be
0.67
hours
per
request.
The
average
burden
for
managing
and
maintaining
the
reports
and
MSDS
files
is
estimated
to
be
32.25
hours.
The
average
burden
for
maintaining
and
updating
a
section
312
database
is
estimated
to
be
320
hours.

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.

These
reporting
and
recordkeeping
burden
estimates
are
based
on
the
average
burden
for
the
threeyear
period
covered
by
this
ICR.
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,
Office
of
Environmental
Information,
Collection
Strategies
Division
(
2822),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue
21
NW,
Washington,
DC
20460;
and
to
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
Washington,
DC
20503,
"
Attention:
Desk
Officer
for
EPA."
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.
