Statement
Supporting
the
Renewal
of
the
Information
Collection
Request
for
the
Community
Right­
to­
Know
Reporting
Requirements
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.
1352.10
1(
b)
Short
Characterization
This
information
collection
request
(
ICR)
was
previously
approved
as
OMB
No.
2050­
0072
through
October
31,
2004,
for,
2,028,700
hours.
Section
311
of
EPCRA
allows
the
public
the
same
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
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.
However,
facilities
must
submit
updates
to
the
list
or
MSDSs,
within
three
months,
when
a
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,
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
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.

EPA
estimates
that
560,000
manufacturing
and
non­
manufacturing
facilities
are
currently
subject
to
reporting
and
recordkeeping
requirements
under
EPCRA
sections
311
and
312.
The
total
burden
to
facilities
over
the
three­
year
information
collection
period
is
estimated
to
be
5,686,000
hours,
at
a
cost
of
2
$
186
million.
There
are
estimated
to
be
3,500
SERCs
and
LEPCs.
The
total
burden
associated
state
and
local
activities
is
estimated
to
be
401,100
hours,
at
a
cost
of
$
9.2
million.
MSDSs,
chemical
lists,
and
Tier
I/
II
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
at
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.

2(
b)
Practical
Utility/
Users
of
the
Data
The
reports
required
under
sections
311
and
312
are
submitted
to
the
state
and
local
officials
which
will
be
then
accessible
to
the
public.
The
public
will
have
knowledge
of
the
hazards
in
their
community.
State
and
local
officials
also
use
the
information
submitted
to
them
for
developing
emergency
response
plans
for
their
community.

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(
b)
Consultations
EPA
contacted
few
industries
during
the
renewal
process
of
this
ICR
to
get
an
estimate
on
how
much
time
it
takes
the
facility
to
comply
with
Section
312.
The
Agency
selected
a
few
small,
medium
and
3
large
facilities.
Some
of
the
facilities
contacted
by
EPA
stated
that
since
the
regulations
were
in
effect
since
1987,
the
burden
is
lower
as
each
year
goes
by.
According
to
the
states
that
receive
these
reports,
most
of
the
facilities
have
been
filing
312
reports
electronically,
which
makes
it
easier
to
revise
any
data
that
was
filed
in
previous
year.
Facilities
that
were
contacted
by
EPA
reported
that
their
burden
in
a
range
of
30
minutes
to
50
hours.
Only
a
small
percentage
of
the
regulated
universe
is
large
facilities,
so
EPA
took
a
weighted
average
to
estimate
the
burden.
EPA
concluded
that
it
will
take
an
average
of
3.18
hours
to
comply
with
Section
312
of
EPCRA.

Alon
USA
LP
Koch
Nitrogen
Big
Spring
TX
Fort
Dodge
IA
Mike
Holcolm
Joe
Rubino
(
432)
263­
9272
(
515)
543­
4365
Paterson
Frozen
Foods
Terra
Nitrogen
Paterson
CA
Claremore,
OK
Craig
Moon
Gary
Collins
(
209)
892­
2611
(
918)
266­
1511
Pharmacia
&
Upjohn
Advance
Food
Co.
Kalamazoo,
MI
Enid,
OK
Gary
Spies
Chris
Johnston
(
269)
833­
4224
(
580)
213­
4514
3(
c)
Public
Notice
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.),
the
Agency
has
notified
the
public
through
the
Federal
Register
notice
on
the
renewal
of
this
ICR
on
May
21,
2004(
69
FR
29304).
EPA
received
two
comments.
Both
comments
were
related
to
making
revisions
to
the
Hazardous
Chemical
Reporting
regulations
in
40
CFR
part
370.
One
commenter
stated
that
the
burden
associated
with
EPCRA
sections
311
and
312
are
much
greater
than
what
is
estimated
in
this
ICR,
mainly
due
to
inconsistencies
in
the
federal
and
state
programs.
The
commenters
stated
that
some
facilities
are
in
a
position
to
comply
with
both
state
and
federal
requirements
since
they
are
not
consistent.
The
commenters
requested
that
EPA
should
revise
the
regulations
to
address
other
issues
that
were
either
proposed
in
previous
years
or
were
undecided
in
previous
rulemakings.
Commenter
stated
that
these
revisions
would
minimize
the
burden
associated
for
complying
with
sections
311
and
312.

Although
the
comments
raised
were
not
directly
related
to
the
burden
estimated
in
this
ICR,
EPA
would
like
to
re­
state
Agency's
response
in
previous
ICR
related
to
the
burden
estimated
for
complying
sections
311
and
312
of
EPCRA.
The
estimates
provided
in
this
ICR
were
taken
from
the
previous
ICR
which
resulted
from
contacting
few
industries
(
small,
medium
and
large)
and
calculating
a
weighted
average
on
all
facilities
(
small
to
large).
EPA
learned
that
the
Agency's
original
estimates
were
more
conservative.
So,
EPA
kept
the
conservative
4
estimates
in
the
ICR.
Since
the
regulations
have
not
changed
since
that
time,
EPA
is
keeping
the
same
estimates
in
this
ICR.

The
burden
estimated
for
section
311
is
only
for
reviewing
regulations
and
to
submit
MSDSs
or
a
list
of
chemicals
that
meet
the
threshold
quantity.
Developing
MSDSs
is
already
required
by
regulations
under
Occupational
Safety
and
Health
Administration
(
OSHA),
hence,
there
is
no
additional
burden
imposed
by
EPA
for
this
activity.
Facilities
are
required
to
submit
MSDSs
that
have
already
been
developed
under
OSHA
regulations.
EPA
believes
that
the
burden
estimated
for
submitting
MSDSs
or
list
of
chemicals
to
the
State
and
local
officials
required
under
section
311
is
sufficient.
EPA
also
believes
that
the
burden
estimated
for
complying
with
section
312
is
reasonable,
since
most
of
the
information
filed
in
previous
years
will
remain
the
same
for
most
facilities.
In
addition
most
facilities,
especially
large
manufacturing
plants
may
have
used
electronic
submissions
under
section
312.
Electronic
submissions
are
easier
and
do
not
add
much
additional
burden.
The
estimates
provided
in
this
ICR
for
complying
with
section
312
are
done
by
taking
a
weighted
average
of
the
hours
reported
by
several
industries
that
were
contacted
by
EPA.
The
estimates
in
the
ICR
developed
by
EPA
only
includes
the
burden
imposed
by
federal
regulations.

The
statute
requires
facilities
to
submit
information
on
hazardous
chemicals
under
sections
311
and
312
to
their
State
and
local
officials.
The
statute
also
requires
State
and
local
officials
to
make
these
information
available
to
the
public.
The
information
submitted
under
EPCRA
is
necessary
for
state
and
local
officials
to
develop
emergency
response
plans
for
each
community
and
to
better
prepare
for
any
chemical
accidents.
Since
it
is
they
that
need
this
information,
EPA
has
allowed
states
to
modify
their
regulations
to
their
needs
and
provided
flexibility
to
State
and
local
officials
to
implement
the
program
(
52
FR
38357).
Each
community
is
different
and
has
their
own
needs
or
concerns.
Therefore,
EPA
believes
that
each
State
and
local
officials
may
need
to
modify
their
community
right­
to­
know
regulations
to
satisfy
their
needs,
whether
it
is
electronic
reporting
or
seeking
additional
information
than
the
federal.
EPA
stated
in
the
final
rule,
October
15,
1987,
(
52
FR
38357),
that
a
State
or
local
form
can
be
used
in
lieu
of
the
federal
form,
as
long
as
the
State
form
contains
at
least
the
same
information
as
the
federal
form.
EPA
do
not
expect
facilities
to
submit
both
federal
and
state
form.
States
are
also
given
the
flexibility
concerning
the
medium
to
be
used
in
reporting
(
e.
g.,
paper,
magnetic
tape).
Some
States
may
be
overwhelmed
by
the
amount
of
Tier
II
reports
submitted
in
paper,
so
they
have
either
created
their
own
software
or
request
facilities
to
use
the
Tier
II*
Submit
(
software
designed
by
EPA)
for
easy
data
management.

Other
issues
mentioned
by
the
commenters,
which
are
not
directly
related
to
this
ICR
may
be
addressed
in
future
rulemakings
or
guidances.

3(
d)
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.
5
3(
e)
General
Guidelines
The
collection
activities
specified
in
this
renewal
ICR
adhere
to
the
guidelines
specified
by
OMB.

3(
f)
Confidentiality
The
respondent
may
claim
specific
chemical
identities
as
trade
secret
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
according
to
EPCRA
sections
322
and
323
(
40
CFR
Part
350).

All
trade
secrecy
claims
submitted
to
EPA
under
Title
III
are
handled
and
stored
according
to
procedures
set
out
in
the
Manual
for
Physical
Handling,
Security,
and
Protection
of
Files
containing
Trade
Secret
Claims
Submitted
under
Sections
303,
311,
312
and/
or
313
of
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA),
December
2003.
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
work­
related
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(
g)
Sensitive
Questions
The
information
gathering
activities
under
this
renewal
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
SIC
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);
6

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.

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,
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
threshold
planning
quantity
(
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.

Any
facility
must
report
chemicals
that
are
not
exempt
and
that
meet
the
reporting
criteria.

4(
b)
Information
Requested
7
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:


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);
and

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).

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.
8
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;


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);
and

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).

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.
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.

The
same
chemicals
that
a
facility
would
need
to
report
under
section
311
would
need
to
be
reported
under
section
312.
To
complete
the
Tier
I
form,
the
facility
would
need
to
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
for
the
total
quantity.

A
site
map
may
be
easier
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
9
1At
the
time
this
ICR
was
prepared,
the
2002
U.
S.
Census
data
was
not
published
on
the
number
of
manufacturing
establishments.
However,
EPA
assumed
same
0.4
percent
growth
as
in
the
previous
ICR.
No
information
provided
under
sections
311
and
312
is
sent
to
EPA.
All
of
the
information
is
collected
and
kept
at
the
state
and
local
agencies.

5(
b)
Collection
Methodology
and
Management
EPA
does
not
receive
the
data;
therefore,
EPA
does
not
have
any
special
data
collection
methodology
and
management.
EPA
created
a
computer
software
for
use
by
facilities
to
submit
Tier
II
reports.
Some
states
have
also
created
softwares
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
is
required
to
submit
either
Tier
I
or
Tier
II
on
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
82,800
manufacturing
facilities
in
SIC
codes
20
to
39
were
subject
to
the
requirements
of
EPCRA
sections
311
and
312.
An
annual
growth
factor
of
0.4
percent
was
applied
to
this
value
to
yield
an
estimated
83,130
manufacturing
facilities
that
are
subject
to
EPCRA
section
311
and
312
requirements
as
of
the
first
year
of
the
ICR­
approval
period.
1
For
purposes
of
this
analysis,
this
number
is
estimated
to
grow
by
0.4
percent
annually
over
the
three­
year
ICR­
approval
period.

Exhibit
1
shows
the
estimates
for
non­
manufacturing
facilities,
which
EPA
also
assumed
to
be
the
same
as
in
the
previous
ICR.
EPA
developed
these
estimates
based
on
various
economic
impact
analysis
studies
developed
for
various
regulations.
10
Exhibit
1
Estimate
of
Non­
Manufacturing
Facilities
Covered
by
EPCRA
Sections
311
and
312
SIC
Code
Category
Estimated
Number
of
Facilities
7
Agricultural
Services
5,554
10/
11/
12
Mining
6,900
13
Oil
and
Gas
Extraction
280,000
15/
16/
17
Construction
3,500
42/
44
Trucking
and
Warehousing/
Water
Transportation
4,350
45
Air
Transportation
3,043
48
Communications
118
49
Utilities
89,100
50/
51
Wholesale
Trade
30,500
54
Retail
(
Food
Stores)
293
55
to
59
Retail
(
Misc.)
5,672
72
Personal
Services
2,875
73
Business
Services
985
75
Auto
Repair
31,249
76
Misc.
Repair
3,337
80
Health
Services
4,095
82
Educational
Services
3,317
na
Federal
Facilities
1,600
na
Non­
Residential
Pools
Unknown
Total
476,500
11
Totaling
the
estimated
number
of
manufacturing
and
non­
manufacturing
facilities
covered
under
sections
311
and
312
yields
559,630
facilities,
assuming
the
manufacturing
sector
grows
by
0.4
percent
in
the
first
year.
This
estimate
is
used
as
the
basis
for
calculating
the
total
annual
burden
and
cost
estimated
for
purposes
of
this
ICR.
It
is
important
to
note,
however,
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
3,500
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
ICRapproval
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
2.

Read
and
Understand
Regulations
EPA
estimates
that
330
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.
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.
12
Exhibit
2
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
$
444.52
MSDS
REPORTING
(
370.21)
(
Facilities)

Basic
Reporting
Determine
which
chemicals
meet/
exceed
MTLs
0.00
0.25
0.90
0.00
1.15
$
39.07
Calculate
quantity
for
mixtures
0.00
0.50
1.80
0.00
2.30
$
78.13
Submit
MSDSs
to
SERC,
LEPC,
and
fire
department
0.00
0.08
0.17
0.34
0.59
$
15.43
Alternative
Reporting
Submit
list
of
hazardous
chemicals
grouped
by
hazard
category
0.00
0.00
1.00
0.17
1.17
$
34.05
Submit
revised
MSDSs
0.00
0.08
0.17
0.34
0.59
$
15.43
Submit
new
MSDSs
0.00
0.08
0.17
0.34
0.59
$
15.43
Additional
Reporting
Submit
MSDS
upon
request
0.00
0.08
0.17
0.34
0.59
$
15.43
INVENTORY
REPORTING
(
370.25)
(
Facilities)

Basic
Reporting
Develop
and
submit
Tier
I
inventory
form
annually
0.08
0.25
2.60
0.25
3.18
$
104.20
Alternative
Reporting
Develop
and
submit
Tier
II
inventory
form,
in
lieu
of
Tier
I
form,
annually
0.08
0.25
2.60
0.25
3.18
$
104.20
Additional
Reporting
Submit
Tier
II
form
to
LEPC,
SERC,
and
fire
department
upon
request
0.00
0.25
2.60
0.25
3.10
$
96.20
Provide
specific
location
to
fire
department
upon
request
0.00
0.00
0.50
0.17
0.67
$
18.67
INFORMATION
REQUESTS
(
370.30)
(
State
and
local
governments)

File
and
maintain
annual
inventory
forms
and
data
0.00
0.00
5
27.5
32.25
$
739.45
Input
data
and
maintain
database
of
312
data
0.00
0.00
40
280
320
$
7,215.20
Provide
MSDSs
upon
written
request
0.00
0.00
0.50
0.17
0.67
$
18.06
Provide
Tier
II
information
upon
written
request
0.00
0.00
0.50
0.17
0.67
$
18.06
13
Section
311:
MSDS
Reporting
for
Facilities
(
40
CFR
370.21)

The
MSDS
reporting
burden
only
applies
to
the
facility
respondent
universe.
EPA
estimates
that
330
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,
30
percent
(
110
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.
Based
on
these
options,
70
percent
(
220
facilities
in
the
first
year)
are
expected
to
submit
such
lists.
The
percentages
were
determined
from
an
analysis
of
the
information
collected
from
a
recent
State
Title
III
Status
Report.

Of
those
facilities
submitting
lists
in
lieu
of
MSDSs,
all
facilities
(
220
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
27,980
facilities
in
the
first
year
(
five
percent
of
the
559,630
facilities
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
(
5,600
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
7.0
hours
per
facility.

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

The
inventory
reporting
burden
only
applies
to
the
facility
respondent
universe.
EPA
estimates
that
224,000
facilities
(
about
20
percent)
will
develop
and
submit
Tier
I
inventory
forms
in
the
first
year,
while
336,000
(
about
80
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
from
a
recent
State
Title
III
Status
Report.
Forty
percent
of
facilities
submitted
Tier
I
forms,
while
60
percent
submitted
Tier
II,
according
to
data
from
the
report.
The
majority
of
facilities
in
the
non­
manufacturing
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
nonmanufacturing
facilities.
The
burden
estimates
in
Exhibit
2
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
(
22,400
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
14
the
total
universe
of
facilities
(
5,600
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
assumes
that
it
takes
about
an
average
of
3.18
hours
per
facility
to
develop
and
submit
Tier
I
or
Tier
II
forms.
Many
facilities
are
now
using
Tier*
Submit
(
electronic
reporting
tool
created
by
EPA)
or
the
state
electronic
version
of
Tier
II.
About
twenty
five
states
have
the
capability
of
accepting
electronic
submissions.
Electronic
reporting
may
have
lower
the
burden
for
many
facilities,
however,
EPA
decided
to
use
the
estimate
developed
in
the
previous
ICR.

Information
Requests
for
SERCs
and
LEPCs
(
40
CFR
370.30)

Information
request
burdens
in
40
CFR
370.30
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
(
5,600
facilities
in
the
first
year).
SERCs
and
LEPCs
are
also
estimated
to
provide
Tier
II
information
on
one
percent
of
the
same
universe
of
facilities
(
5,600
facilities
in
the
first
year)
as
a
result
of
requests
from
the
public
for
such
information.

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
organizing
and
checking
the
data.
In
addition,
a
limited
number
of
SERCs
and
LEPCs
have
developed
databases
and
input
the
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.
About
twenty
five
states
have
the
capability
to
accept
Tier
II
forms
electronically.

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
2.

EPA
estimates
an
hourly
respondent
labor
cost
for
manufacturing
facility
respondents
of
$
49.30
for
managerial
staff,
$
32.31
for
technical
staff,
and
$
22.42
for
clerical
staff,
including
wages
and
benefits.
Hourly
respondent
labor
costs
for
non­
manufacturing
facility
respondents
are
estimated
at
$
44.82
for
managerial
staff,
$
30.50
for
technical
staff,
and
$
18.75
for
clerical
staff.
Legal
review
is
estimated
at
15
2
U.
S.
Bureau
of
Labor
Statistics,
Employer
Cost
for
Employee
Compensation,
Table
12:
Private
Manufacturing
and
Non­
manufacturing
Industries,
December
2003
3
U.
S.
Bureau
of
Labor
Statistics,
Employer
Cost
for
Employee
Compensation,
Table
4:
State
and
Local
Government
By
Occupational
and
Industry
Group,
December
2003
$
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
$
41.90
for
managerial
staff,
$
28.76
for
technical
staff,
and
$
21.66
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
6
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,
five­
drawer,
lateral
file
cabinet
is
expected
to
hold
approximately
36,000
pages
of
material,
EPA
estimates
that
the
SERC
and
LEPCS
would
need
to
purchase
approximately
139
file
cabinets
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.)
Facilities
are
assumed
to
need
only
16
file
cabinets
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
$
530
per
filing
cabinet,
the
cost
of
purchasing
the
139
filing
cabinets
is
estimated
to
be
$
73,770.
Annualizing
the
costs
over
15
years,
a
single
file
cabinet
has
annual
costs
of
$
58.

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.

In
addition,
facilities
were
assumed
to
incur
postage
costs
for
mailing
new
and
revised
MSDSs,
lists
of
hazardous
chemicals,
and
the
annual
inventory
reports
State
and
local
governments
are
expected
to
incur
postage
costs
to
provide
MSDSs
upon
written
request
and
to
provide
Tier
II
information
upon
written
request.

Postage
is
estimated
to
cost
$
5
per
certified
package.

Although
some
facilities
covered
by
these
regulations
are
now
submitting
312
reports
electronically,
EPA
kept
the
estimates
derived
in
the
previous
ICR
for
capital
and
O&
M
costs
for
SERCs,
LEPCs
and
facilities.

6(
c)
Estimating
Agency
Burden
and
Cost
16
EPA
estimates
no
annual
Agency
burden
associated
with
this
ICR.
Only
state
and
local
government
entities
will
incur
burden
and
cost
to
manage
information
submitted
by
facilities.

6(
d)
Estimating
Total
Annual
Respondent
Burden
Exhibits
3,
4,
and
5
present
the
respondent
burden
for
each
information
collection
activity
and
for
the
sum
of
all
information
collection
activities
performed
by
each
respondent
type.
Exhibit
6
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
1,895,000
hours,
for
a
total
annualized
cost
of
$
62
million.
The
total
average
annual
respondent
burden
for
state
and
local
governments
for
the
three­
year
period
is
133,700
hours,
for
a
total
annualized
cost
of
$
3.0
million.
These
burden
estimates
are
summarized
in
Exhibits
7
and
8.

6(
e)
Bottom
Line
Burden
Hours
and
Cost
The
total
burden
to
facility
respondents
over
three
years
is
5,686,000
hours
at
a
cost
of
$
186
million.
The
total
burden
to
LEPC
and
SERC
respondents
over
three
years
is
401,100
hours
at
a
cost
of
$
9.2
million.
Exhibits
7
and
8
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.
17
Exhibit
3
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
330
330
828
2,483
0
3,640
$
147,173
Subtotal
3,640
$
147,173
MSDS
REPORTING
(
370.21)
(
Facilities)

Basic
Reporting
Determine
which
chemicals
meet/
exceed
MTLs
330
0
83
298
0
380
$
12,945
Calculate
quantity
for
mixtures
330
0
166
596
0
760
$
25,891
Submit
MSDSs
to
SERC,
LEPC,
and
fire
department
110
0
9
19
38
66
$
1,728
Alternative
Reporting
Submit
list
of
hazardous
chemicals
grouped
by
haz.
type
218
0
0
218
37
255
$
7,422
Supplemental
Reporting
Submit
revised
MSDSs
28,000
0
2,240
4,760
9,520
16,520
$
431,796
Submit
new
MSDSs
28,000
0
2,240
4,760
9,520
16,520
$
431,796
Additional
Reporting
Submit
MSDS
upon
request
5,600
0
448
952
1,900
3,300
$
86,372
Subtotal
37,783
$
997,950
INVENTORY
REPORTING
(
370.25)
(
Facilities)

Basic
Reporting
Develop
and
submit
Tier
I
inventory
form
annually
223,836
17,907
55,959
581,975
55,959
711,800
$
23,324,667
Alternative
Reporting
Develop
and
submit
Tier
II
form,
in
lieu
of
Tier
I,
annually
336,000
26,880
84,000
772,800
84,000
967,700
$
34,986,967
Additional
Reporting
Submit
Tier
II
to
LEPC,
SERC,
and
fire
dept.
upon
request
22,400
0
5,600
58,240
6,500
69,440
$
2,153,387
Provide
specific
location
to
fire
department
upon
request
5,600
0
0
2,800
952
3,750
$
104,453
Subtotal
1,852,640
$
60,569,476
Total
(
Facilities)
1,894,063
$
60,803,022
INFORMATION
REQUESTS
(
370.30)
(
State
and
local
governments)

File
and
maintain
annual
inventory
forms
and
data
3,466
0
0
17,330
94,450
111,780
$
2,544,176
Input
data
and
maintain
database
of
312
data
45
0
0
1,800
12,600
14,400
$
324,684
Provide
MSDS
on
written
request
5,600
0
0
2,800
952
3,750
$
101,069
Provide
Tier
II
information
upon
written
request
5,600
0
0
2,800
952
3,750
$
101,069
Total
(
State
and
local
governments)
133,700
$
3,070,998
18
Exhibit
4
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
331
331
832
2,490
0
3,650
$
147,717
Subtotal
3,650
$
147,717
MSDS
REPORTING
(
370.21)
(
Facilities)

Basic
Reporting
Determine
which
chemicals
meet/
exceed
MTLs
332
0
83
299
0
380
$
12,976
Calculate
quantity
for
mixtures
332
0
166
598
0
760
$
25,953
Submit
MSDSs
to
SERC,
LEPC,
and
fire
department
113
0
9
19
38
66
$
1,727
Alternative
Reporting
Submit
list
of
hazardous
chemicals
grouped
by
haz.
type
219
0
0
219
37
256
$
7,453
Supplemental
Reporting
Submit
revised
MSDSs
28,000
0
2,240
4,760
9,520
16,520
$
432,065
Submit
new
MSDSs
28,000
0
2,240
4,760
9,520
16,520
$
432,065
Additional
Reporting
Submit
MSDS
upon
request
5,600
0
448
952
1,900
3,300
$
86,423
Subtotal
37,809
$
997,950
INVENTORY
REPORTING
(
370.25)
(
Facilities)

Basic
Reporting
Develop
and
submit
Tier
I
inventory
form
annually
224,000
17,920
56,000
515,000
56,000
712,200
$
23,338,521
Alternative
Reporting
Develop
and
submit
Tier
II
form,
in
lieu
of
Tier
I,
annually
336,000
26,880
84,000
772,800
84,000
1,068,300
$
35,007,777
Additional
Reporting
Submit
Tier
II
to
LEPC,
SERC,
and
fire
dept.
upon
request
22,400
0
5,600
58,240
6,500
69,430
$
1,838,000
Provide
specific
location
to
fire
department
upon
request
5,600
0
0
2,800
952
3,750
$
90,000
Subtotal
1,853,680
$
62,459,492
Total
(
Facilities)
1,895,159
$
63,605,873
INFORMATION
REQUESTS
(
370.30)
(
State
and
local
governments)

File
and
maintain
annual
inventory
forms
and
data
3,466
0
0
17,330
94,450
111,780
$
2,544,176
Input
data
and
maintain
database
of
312
data
45
0
0
1,800
12,600
14,400
$
324,684
Provide
MSDS
on
written
request
5,600
0
0
2,800
952
3,750
$
101,148
Provide
Tier
II
information
upon
written
request
5,600
0
0
2,800
952
3,750
$
101,148
Total
(
State
and
local
governments)
133,680
$
3,071,156
19
Exhibit
5
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
2,500
0
3,670
$
148,468
Subtotal
3,670
$
148,468
MSDS
REPORTING
(
370.21)
(
Facilities)

Basic
Reporting
Determine
which
chemicals
meet/
exceed
MTLs
334
0
84
301
0
380
$
13,083
Calculate
quantity
for
mixtures
334
0
167
601
0
770
$
26,090
Submit
MSDSs
to
SERC,
LEPC,
and
fire
department
114
0
9
19
39
67
$
1,746
Alternative
Reporting
Submit
list
of
hazardous
chemicals
grouped
by
haz.
type
220
0
0
220
37
257
$
7,483
Supplemental
Reporting
Submit
revised
MSDSs
28,000
0
2,240
4,760
9,520
16,520
$
432,299
Submit
new
MSDSs
28,000
0
2,240
4,760
9,520
16,520
$
432,299
Additional
Reporting
Submit
MSDS
upon
request
5,600
0
448
952
1,900
3,300
$
86,442
Subtotal
37,809
$
999,446
INVENTORY
REPORTING
(
370.25)
(
Facilities)

Basic
Reporting
Develop
and
submit
Tier
I
inventory
form
annually
224,000
17,920
56,000
515,000
56,000
712,200
$
23,352,432
Alternative
Reporting
Develop
and
submit
Tier
II
form,
in
lieu
of
Tier
I,
annually
336,000
26,880
84,000
772,800
84,000
1,068,300
$
35,028,618
Additional
Reporting
Submit
Tier
II
to
LEPC,
SERC,
and
fire
dept.
upon
request
22,400
0
5,600
58,240
6,500
69,430
$
2,155,995
Provide
specific
location
to
fire
department
upon
request
5,600
0
0
2,800
952
3,750
$
104,565
Subtotal
1,853,680
$
60,641,612
Total
(
Facilities)
1,895,159
$
61,789,526
INFORMATION
REQUESTS
(
370.30)
(
State
and
local
governments)

File
and
maintain
annual
inventory
forms
and
data
3,466
0
0
17,330
94,450
111,780
$
2,544,176
Input
data
and
maintain
database
of
312
data
45
0
0
1,800
12,600
14,400
$
324,684
Provide
MSDS
on
written
request
5,600
0
0
2,800
952
3,750
$
101,177
Provide
Tier
II
information
upon
written
request
5,600
0
0
2,800
952
3,750
$
101,177
Total
(
State
and
local
governments)
133,700
$
3,071,214
20
Exhibit
6
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
$
900
$
900
$
900
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
$
280,000
$
280,000
$
280,000
Submit
new
MSDSs
$
280,000
$
280,000
$
280,000
Submit
MSDS
upon
request
$
28,000
$
28,000
$
28,000
Develop
and
submit
Tier
I
inventory
form
annually
$
2,240,000
$
2,240,000
$
2,240,000
Develop
and
submit
Tier
II
form,
in
lieu
of
Tier
I,
annually
$
3,360,000
$
3,360,000
$
3,360,000
Submit
Tier
II
to
LEPC,
SERC,
and
fire
dept.
upon
request
$
112,000
$
112,000
$
112,000
Provide
specific
location
to
fire
department
upon
request
$
28,000
$
28,000
$
28,000
Maintain
Files
$
2,700
$
2,700
$
2,700
Provide
MSDSs
upon
written
request
$
28,000
$
28,000
$
28,000
Provide
Tier
II
information
upon
written
request
$
28,000
$
28,000
$
28,000
Total
$
3,600
$
3,600
$
3,600
$
6,400,000
$
6,400,000
$
6,400,000
21
Exhibit
7
Summary
of
Total
Burden
and
Cost
Estimates
Facilities
Total
Hours
Total
Cost
Year
Burden(
hrs)
Labor
Capital
O&
M
Total
First
1,894,000
$
60,803,022
$
950
$
6,32700
$
67,130,972
Second
1,895,000
$
63,605,873
$
950
$
6,330000
$
69,936,823
Third
1,896,000
$
61,789,527
$
950
$
6,334,000
$
68,124,477
Total
5,686,000
$
186,198,422
$
2,80
$
18,991,000
$
205,192,272
Annualized
1,895,000
$
61,789,527
$
950
$
6,330,000
$
68,120,477
Exhibit
8
Summary
of
Total
Burden
and
Cost
Estimates
SERCs
and
LEPCs
Total
Hours
Total
Cost
Year
Burden(
hrs)
Labor
Capital
O&
M
Total
First
133,700
$
3,070,998
$
2,700
$
56,000
$
3,129,698
Second
133,700
$
3,071,157
$
2,700
$
56,000
$
3,129,857
Third
133,700
$
3,071,214
$
2,700
$
56,000
$
3,129,914
Total
401,100
$
9,213,370
$
8,100
$
168,000
$
9,389,470
Annualized
133,700
$
3,071,214
$
2,700
$
56,000
$
3,129,914
22
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
is
same
as
in
the
previous
ICR,
1,895,000
hours
per
year.
The
estimated
average
annual
burden
for
SERCs,
LEPCs,
and
fire
departments
is
also
same
as
in
the
previous
ICR,
133,700
hours.
The
Agency
believes
that
electronic
reporting
may
have
reduced
burden
on
many
facilities
and
the
implementing
agencies.
However,
EPA
have
used
the
same
burden
estimates
as
it
was
in
the
previous
ICR.
The
2002
U.
S.
Census
data
have
not
been
published,
so
EPA
have
applied
the
same
growth
factor
for
manufacturing
facilities
as
in
the
previous
ICR.
The
number
of
non­
manufacturing
facilities
were
also
assumed
to
be
the
same
as
in
the
previous
ICR.
There
are
no
programmatic
changes
in
the
reporting
or
recordkeeping
requirements
associated
with
EPCRA
sections
311
and
312.

6(
g)
Burden
Statement
The
average
burden
for
MSDS
reporting
under
40
CFR
370.21
is
estimated
at
1.6
hours
for
new
and
newly
regulated
facilities
and
approximately
0.6
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
3.1
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.
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
0.17
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
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
such
a
request,
and
a
person
or
facility
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.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
number
SFUND­
2004­
0006,
which
is
available
for
public
viewing
at
the
Superfund
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
Superfund
Docket
is
(
202)
566­
0276.
An
electronic
23
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
obtain
a
copy
of
the
draft
collection
of
information,
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search,"
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
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.
Please
include
the
EPA
Docket
ID
Number
SFUND­
2004­
0006
and
OMB
Control
Number
2050­
0072
in
any
correspondence.
24
OMB
Control
No.
2050­
0072
Approval
expires:
XX/
XX/
XX
Paperwork
Reduction
Act
­
The
public
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
estimated
to
average
3.1
hours
per
response.
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
(
2822T),
1200
Pennsylvania
Ave.,
NW,
Washington,
D.
C.
20460.
Include
the
OMB
control
number
in
any
correspondence.
Do
not
send
the
completed
form
to
this
address.

Tier
One
EMERGENCY
AND
HAZARDOUS
CHEMICAL
INVENTORY
Aggregate
Information
by
Hazard
Type
FOR
OFFICIAL
USE
ONLY
ID#

Date
Received
Important:
Read
instructions
before
completing
form
Reporting
PeriodFrom
January
1
to
December
31,
20
Facility
Identification
Emergency
Contacts
Name
Street
City
County
State
Zip
SIC
Code
GGGG
GG
­
GGG
­
GGGG
Dun
&
Brad
Number
Name
Title
Phone
(
)

24
hour
Phone
(
)

Owner/
Operator
Name
Title
Phone
(
)

24
hour
Phone
(
)
Name
Mail
Address
Phone
G
Check
if
information
below
is
identical
to
the
information
submitted
last
year.

Physical
Hazards
Average
Number
G
Check
if
site
plan
is
attached
Max
Daily
Of
Days
Hazard
Type
Amount
Amount
On­
Site
General
Location
Fire
GG
GG
GGG
Sudden
Release
of
Pressure
GG
GG
GGG
Reactivity
GG
GG
GGG
Health
Hazards
Immediate
GG
GG
GGG
(
acute)

Delayed
GG
GG
GGG
(
acute)

Certification
(
Read
and
sign
after
completing
all
sections)
*
Reporting
Ranges
Range
Weight
Range
in
pounds
Code
From.....
To......

I
certify
under
penalty
of
law
that
I
have
personally
examined
and
am
familiar
with
the
information
submitted
in
pages
one
through
,
and
that
based
on
my
inquiry
of
those
individuals
responsible
for
obtaining
the
information.,
I
believe
that
the
submitted
information
is
true,
accurate
and
complete.

Name
and
official
title
of
owner/
operator
OR
owner/
operator's
authorized
representative
Signature
Date
Signed
01
0
99
02
100
999
03
1000
9,999
04
10,000
99,999
05
100,000
999,999
06
1,000,000
9,999,999
07
10,000,000
49,999,999
08
50,000,000
99,999,999
09
100,000,000
499,999,999
10
500,000,000
999,999,999
11
1
billion
Higher
than
1
billion
EPA
Form
8700­
29
25
Page
OMB
Control
No.
2050­
0072
Approval
expires:
XX/
XX/
XX
Paper
Work
Reduction
Act:
The
public
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
estimated
to
average
3.1
hours
per
response.
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
(
2822T),
1200
Pennsylvania
Ave.,
NW,
Washington,
D.
C.
20460.
Include
the
OMB
control
number
in
any
correspondence.
Do
not
send
the
completed
form
to
this
address.

26
Facility
Identification
Owner/
Operator
Name
Name
Name
Phone
(
)

Tier
Two
Street
Mail
Address
EMERGENCY
City
County
State
Zip
AND
Emergency
Contact
HAZARDOUS
SIC
Code
Dun
&
Brad
Number
CHEMICAL
Name
Title
INVENTORY
Phone
(
)
24
Hr.
Phone
(
)

FOR
ID
#

Specific
OFFICIAL
Name
Title
Information
USE
Date
Received
Phone
(
)
24
Hr.
Phone
(
)

by
Chemical
ONLY
Important:
Read
all
instructions
before
completing
form
Reporting
Period
From
January
1
to
December
31,
20__
[
]
Check
if
information
below
is
identical
to
the
information
submitted
last
year.

Chemical
Description
Physical
and
Health
Hazards
(
check
all
that
apply)
Inventory
Storage
Codes
and
Locations
(
Non­
Confidential)

Storage
Locations
Trade
CAS
Secret
[
]
Fire
Max.
Daily
Chem.
Name
[
]
Sudden
Release
Amount
(
code)

of
Pressure
Check
all
[
]
[
]
[
]
[
]
[
]
[
]
[
]
Reactivity
Avg.
Daily
Amount
that
apply
Pure
Mix
Solid
Liquid
Gas
EHS
[
]
Immediate
(
acute)
(
code)

EHS
Name
[
]
Delayed
(
chronic)
No.
of
Days
On­
site
(
days)

Trade
CAS
Secret
[
]
Fire
Max.
Daily
Chem.
Name
[
]
Sudden
Release
Amount
(
code)

of
Pressure
Check
all
[
]
[
]
[
]
[
]
[
]
[
]
[
]
Reactivity
Avg.
Daily
Amount
that
apply
Pure
Mix
Solid
Liquid
Gas
EHS
[
]
Immediate
(
acute)
(
code)

EHS
Name
[
]
Delayed
(
chronic)
No.
of
Days
On­
site
(
days)

Trade
CAS
Secret
[
]
Fire
Max.
Daily
Chem.
Name
[
]
Sudden
Release
Amount
(
code)

of
Pressure
Check
all
[
]
[
]
[
]
[
]
[
]
[
]
[
]
Reactivity
Avg.
Daily
Amount
that
apply
Pure
Mix
Solid
Liquid
Gas
EHS
[
]
Immediate
(
acute)
(
code)

EHS
Name
[
]
Delayed
(
chronic)
No.
of
Days
On­
site
(
days)

Certification
(
Read
and
sign
after
completing
all
sections)
Optional
Attachments
I
certify
under
penalty
of
law
that
I
have
personally
examined
and
am
familiar
with
the
information
submitted
in
pages
one
through
,
and
that
based
[
]
I
have
attached
a
site
plan
on
my
inquiry
of
those
individuals
responsible
for
obtaining
the
information,
I
believe
that
the
submitted
information
is
true,
accurate,
and
complete.
[
]
I
have
attached
a
list
of
site
coordinate
abbreviations
[
]
I
have
attached
a
description
of
dikes
and
other
Name
and
official
title
of
owner/
operator
OR
owner/
operator's
authorized
representative
Signature
Date
signed
safeguards
measures
EPA
Form
8700­
30
27
EPA
TIER
TWO
INSTRUCTIONS
GENERAL
INFORMATION
Submission
of
this
Tier
Two
form
(
when
requested)
is
required
by
Title
III
of
the
Superfund
Amendments
and
Reauthorization
Act
of
1986,
Section
312,
Public
Law
99­
499,
codified
at
42
U.
S.
C.
Section
11022.
The
purpose
of
this
Tier
Two
form
is
to
provide
State
and
local
officials
and
the
public
with
specific
information
on
hazardous
chemicals
present
at
your
facility
during
the
past
year.

CERTIFICATION
The
owner
or
operator
or
the
officially
designated
representative
of
the
owner
or
operator
must
certify
that
all
information
included
in
the
Tier
Two
submission
is
true,
accurate,
and
complete.
On
the
first
page
of
the
Tier
Two
report,
enter
your
full
name
and
official
title.
Sign
your
name
and
enter
the
current
date.
Also,
enter
the
total
number
of
pages
included
in
the
Confidential
and
Non­
Confidential
Information
Sheets
as
well
as
all
attachments.
An
original
signature
is
required
on
at
least
the
first
page
of
the
submission.
Submissions
to
the
SERC,
LEPC,
and
fire
department
must
each
contain
an
original
signature
on
at
least
the
first
page.
Subsequent
pages
must
contain
either
an
original
signature,
a
photocopy
of
the
original
signature,
or
a
signature
stamp.
Each
page
must
contain
the
date
on
which
the
original
signature
was
affixed
to
the
first
page
of
the
submission
and
the
total
number
of
pages
in
the
submission.

YOU
MUST
PROVIDE
ALL
INFORMATION
REQUESTED
ON
THIS
FORM
TO
FULFILL
TIER
TWO
REPORTING
REQUIREMENTS.

This
form
may
also
be
used
as
a
worksheet
for
completing
the
Tier
One
form
or
may
be
submitted
in
place
of
the
Tier
One
form.

WHO
MUST
SUBMIT
THIS
FORM
Section
312
of
Title
III
requires
that
the
owner
or
operator
of
a
facility
submit
their
Tier
Two
form
if
so
requested
by
a
State
emergency
response
commission,
a
local
emergency
planning
committee,
or
a
fire
department
with
jurisdiction
over
the
facility.

This
request
may
apply
to
the
owner
or
operator
of
any
facility
that
is
required,
under
regulations
implementing
the
Occupational
Safety
and
Health
Act
of
1970,
to
prepare
or
have
available
a
Material
Safety
Data
Sheet
(
MSDS)
for
a
hazardous
chemical
present
at
the
facility.
MSDS
requirements
are
specified
in
the
Occupational
Safety
and
Health
Administration
(
OSHA)
Hazard
Communication
Standard,
found
in
Title
29
of
the
Code
of
Federal
Regulations
at
 1910.1200.

This
form
does
not
have
to
be
submitted
if
all
of
the
chemicals
located
at
your
facility
are
excluded
under
Section
311(
e)
of
Title
III.

WHAT
CHEMICALS
ARE
INCLUDED
If
you
are
submitting
Tier
Two
forms
in
lieu
of
Tier
One,
you
must
report
the
required
information
on
this
Tier
Two
form
for
each
hazardous
chemical
present
at
your
facility
in
quantities
equal
to
or
greater
than
established
threshold
amounts
(
discussed
below),
unless
the
chemicals
are
excluded
under
Section
311(
e)
of
Title
III.
Hazardous
chemicals
are
any
substance
for
which
your
facility
must
maintain
an
MSDS
under
OSHA's
Hazard
Communication
Standard.

If
you
elect
to
submit
Tier
One
rather
than
Tier
Two,
you
may
still
be
required
to
submit
Tier
Two
information
upon
request.

WHAT
CHEMICALS
ARE
EXCLUDED
Section
311(
e)
of
Title
III
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
manu­
factured
item
to
the
extent
exposure
to
the
sub­
stance
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
or
a
hospital
or
other
medical
facility
under
the
direct
supervision
of
a
technically
qualified
individual;
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.

OSHA
regulations,
Section
1910.1200(
b),
stipulate
exemptions
from
the
requirement
to
prepare
to
have
available
an
MSDS.

REPORTING
THRESHOLDS
Minimum
thresholds
have
been
established
for
Tier
One/
Tier
Two
reporting
under
Title
III,
Section
312.
These
thresholds
are
as
follows:
28
For
Extremely
Hazardous
Substances
(
EHSs)
designated
under
Section
302
of
Title
III,
the
reporting
threshold
is
500
pounds
(
or
227
kg.)
or
the
threshold
planning
quantity
(
TPQ),
whichever
is
lower.

For
all
other
hazardous
chemicals
for
which
facilities
are
required
to
have
or
prepare
an
MSDS,
the
minimum
reporting
threshold
is
10,000
pounds
(
or
4.540
kg.).

You
need
to
report
hazardous
chemicals
that
were
present
at
your
facility
at
any
time
during
the
previous
calendar
year
at
levels
that
equal
or
exceed
these
thresholds.
For
instructions
on
threshold
determinations
for
components
of
mixtures,
see
"
What
About
Mixtures?"
on
page
2
of
these
instructions.

A
requesting
official
may
limit
the
responses
required
under
Tier
Two
by
specifying
particular
chemicals
or
groups
of
chemicals.
Such
requests
apply
to
hazardous
chemicals
regardless
of
established
thresholds.
29
INSTRUCTIONS
Please
read
these
instructions
carefully.
Print
or
type
all
responses.

WHEN
TO
SUBMIT
THIS
FORM
Owners
or
operators
of
facilities
that
have
hazardous
chemicals
on
hand
in
quantities
equal
to
or
greater
than
set
threshold
levels
must
submit
either
Tier
One
or
Tier
Two
forms
by
March
1.

If
you
choose
to
submit
Tier
One,
rather
than
Tier
Two,
be
aware
that
you
may
have
to
submit
Tier
Two
Information
later,
upon
request
of
any
authorized
official.
You
must
submit
the
Tier
Two
form
within
30
days
of
receipt
of
a
written
request.

WHERE
TO
SUBMIT
THIS
FORM
Send
either
a
completed
Tier
One
form
or
Tier
Two
form(
s)
to
each
of
the
following
organizations:
Your
State
Emergency
Response
Commission.
Your
Local
Emergency
Planning
Committee.
The
fire
department
with
jurisdiction
over
your
facility.
If
a
Tier
Two
form
is
submitted
in
response
to
a
request,
send
the
completed
form
to
the
requesting
agency.

PENALTIES
Any
owner
or
operator
who
violates
any
Tier
Two
reporting
requirements
shall
be
liable
to
the
United
States
for
a
civil
penalty
of
up
to
$
25,000
for
each
such
violation.
Each
day
a
violation
continues
shall
constitute
a
separate
violation.

If
your
Tier
Two
responses
require
more
than
one
page,
use
additional
forms
and
fill
in
the
page
number
at
the
top
of
the
form.

REPORTING
PERIOD
Enter
the
appropriate
calendar
year,
beginning
January
1
and
ending
December
31.

FACILITY
IDENTIFICATION
Enter
the
full
name
of
your
facility
(
and
company
identifier
where
appropriate).

Enter
the
full
street
address
or
state
road.
If
a
street
address
is
not
available,
enter
other
appropriate
identifiers
that
describe
the
physical
location
of
your
facility
(
e.
g.,
longitude
and
latitude).
Include
city,
county,
state
and
zip
code.

Enter
the
primary
Standard
Industrial
Classification
(
SIC)
code
and
the
Dun
&
Bradstreet
number
for
your
facility.
The
financial
officer
of
your
facility
should
be
able
to
provide
the
Dun
&
Bradstreet
number.
If
your
firm
does
not
have
this
information,
contact
the
State
or
regional
office
of
Dun
&
Bradstreet
to
obtain
your
facility
number
or
have
one
assigned.

OWNER/
OPERATOR
Enter
the
owner's
or
operator's
full
name,
mailing
address,
and
phone
number.

EMERGENCY
CONTACT
Enter
the
name,
title,
and
work
phone
number
of
at
least
one
local
person
or
office
who
can
act
as
a
referral
if
emergency
responders
need
assistance
in
responding
to
a
chemical
accident
at
the
facility.

Provide
an
emergency
phone
number
where
such
emer­
gency
information
will
be
available
24
hours
a
day,
everyday.
The
requirement
is
mandatory.
The
facility
must
make
some
arrangement
to
ensure
that
a
24
hour
contact
is
available.

IDENTICAL
INFORMATION
Check
the
box
indicating
identical
information,
located
below
the
emergency
contacts
on
the
Tier
Two
form,
if
the
current
chemical
information
being
reported
is
identical
to
that
submitted
last
year.
Chemical
descriptions,
hazards,
amounts,
and
locations
must
be
provided
in
this
year's
form,
even
if
the
information
is
identical
to
that
submitted
last
year.

CHEMICAL
INFORMATION:
Description,
Hazards,
Amounts,
and
Locations
The
main
section
of
the
Tier
Two
form
requires
specific
information
on
amounts
and
locations
of
hazardous
chemicals,
as
defined
in
the
OSHA
Hazard
Communication
Standard.
30
If
you
choose
to
indicate
that
all
of
the
information
on
a
specific
hazardous
chemical
is
identical
to
that
submitted
last
year,
check
the
appropriate
optional
box
provided
at
the
right
side
of
the
storage
codes
and
locations
on
the
Tier
Two
form.
Chemical
descriptions,
hazards,
amounts,
and
locations
must
be
provided
even
if
the
information
is
identical
to
that
submitted
last
year.

What
units
should
I
use?

Calculate
all
amounts
as
weight
in
pounds.
To
convert
gas
or
liquid
volume
to
weight
in
pounds,
multiply
by
an
appropriate
density
factor.

What
about
mixtures?

If
a
chemical
is
part
of
a
mixture,
you
have
the
option
of
reporting
either
the
weight
of
the
entire
mixture
or
only
the
portion
of
the
mixture
that
is
a
particular
hazardous
chemical
(
e.
g.,
if
a
hazardous
solution
weighs
100
lbs.
but
is
composed
of
only
5%
of
a
particular
hazardous
chemical,
you
can
indicate
either
100
lbs.
of
the
mixture
or
5
lbs.
of
the
chemical).

The
option
used
for
each
mixture
must
be
consistent
with
the
option
used
in
your
Section
311
reporting.

Because
EHSs
are
important
to
Section
303
planning,
EHSs
have
lower
thresholds.
The
amount
of
an
EHS
at
a
facility
(
both
pure
EHS
substances
and
EHSs
in
mixtures)
must
be
aggregated
for
purposes
of
threshold
determination.
It
is
suggested
that
the
aggregation
calculation
be
done
as
a
first
step
in
making
the
threshold
determination.
Once
you
determine
whether
a
threshold
for
an
EHS
has
been
reached,
you
should
report
either
the
total
weight
of
the
EHS
at
your
facility,
or
the
weight
of
each
mixture
containing
the
EHS.

CHEMICAL
DESCRIPTION
Enter
the
Chemical
Abstract
Service
registry
number
(
CAS).
For
mixtures,
enter
the
CAS
number
of
the
mixture
as
a
whole
if
it
has
been
assigned
a
number
distinct
from
its
constituents.
For
a
mixture
that
has
no
CAS
number,
leave
this
item
blank
or
report
the
CAS
numbers
of
as
many
constituent
chemicals
as
possible.

If
you
are
withholding
the
name
of
a
chemical
in
accordance
with
criteria
specified
in
Title
III,
Section
322,
enter
the
generic
class
or
category
that
is
structurally
descriptive
of
the
chemical
(
e.
g.,
list
toulene
diisocyanate
as
organic
isocyanate)
and
check
the
box
marked
Trade
Secret.
Trade
secret
information
should
be
submitted
to
EPA
and
must
include
a
substantiation.
Please
refer
to
EPA's
final
regulation
on
trade
secrecy
(
53
FR
28772,
July
29,
1988)
for
detailed
information
on
how
to
submit
trade
secrecy
claims.

Enter
the
chemical
name
or
common
name
of
each
hazardous
chemical.

Check
box
for
ALL
applicable
descriptors:
pure
or
mixture;
and
solid,
liquid,
or
gas;
and
whether
the
chemical
is
or
contains
an
EHS.

If
the
chemical
is
a
mixture
containing
an
EHS,
enter
the
chemical
name
of
each
EHS
in
the
mixture.

EXAMPLE:

You
have
pure
chlorine
gas
on
hand,
as
well
as
two
mixtures
that
contain
liquid
chlorine.
You
write
"
chlorine"
and
enter
the
CAS
number.
Then
you
check
"
pure"
and
"
mix"
­­
as
well
as
"
liquid"
and
"
gas".

PHYSICAL
AND
HEALTH
HAZARDS
For
each
chemical
you
have
listed,
check
all
the
physical
and
health
hazard
boxes
that
apply.
These
hazard
categories
are
defined
in
40
CFR
370.2.
The
two
health
hazard
categories
and
three
physical
hazard
categories
are
a
consolidation
of
the
23
hazard
categories
defined
in
the
OSHA
Hazard
Communication
Standard,
29
CFR
1910.1200.
31
Hazard
Category
Comparison
For
Reporting
Under
Sections
311
and
312
EPA's
Hazard
Categories
OSHA's
Hazard
Categories
Fire
Hazard
Flammable
Combustion
Liquid
Pyrophoric
Oxidizer
Sudden
Release
of
Pressure
Explosive
Compressed
Gas
Reactive
Unstable
Reactive
Organic
Peroxide
Water
Reactive
Immediate
(
Acute)
Health
Hazards
Highly
Toxic
Toxic
Irritant
Sensitizer
Corrosive
Other
hazardous
chemicals
with
an
adverse
effect
with
short
term
exposure
Delayed
(
Chronic)
Health
Hazard
Carcinogens
Other
hazardous
chemicals
with
an
adverse
effect
with
long
term
exposure
MAXIMUM
AMOUNT
For
each
hazardous
chemical,
estimate
the
greatest
amount
present
at
your
facility
on
any
single
day
during
the
reporting
period.

Find
the
appropriate
range
value
code
in
Table
I.

Enter
this
range
value
as
the
Maximum
Amount.

Table
I
REPORTING
RANGES
Range
Weight
Range
in
Pounds
Value
From...
To...

01
0
99
02
100
999
03
1,000
9,999
04
10,000
99,999
05
100,000
999,999
06
1,000,000
9,999,999
07
10,000,000
49,999,999
08
50,000,000
99,999,999
09
100,000,000
499,999,999
10
500,000,000
999,999,999
11
1
billion
higher
than
1
billion
If
you
are
using
this
form
as
a
worksheet
for
completing
Tier
One,
enter
the
actual
weight
in
pounds
in
the
shaded
space
below
the
response
blocks.
Do
this
for
both
Maximum
Amount
and
Average
Daily
Amount.

EXAMPLE:
32
You
received
one
large
shipment
of
a
solvent
mixture
last
year.
The
shipment
filled
five
5,000­
gallon
storage
tanks.
You
know
that
the
solvent
contains
10%
benzene,
which
is
a
hazardous
chemical.

You
figure
that
10%
of
25,000
gallons
is
2,500
gallons.
You
also
know
that
the
density
of
benzene
is
7.29
pounds
per
gallon,
so
you
multiply
2,500
gallons
by
7.29
pounds
per
gallon
to
get
a
weight
of
18.225
pounds.

Then
you
look
at
Table
I
and
find
that
the
range
value
04
corresponds
to
18.225.
You
enter
04
as
the
Maximum
Amount.

(
If
you
are
using
the
form
as
a
worksheet
for
completing
a
Tier
One
form,
you
should
write
18.255
in
the
shaded
area.)

AVERAGE
DAILY
AMOUNT
For
each
hazardous
chemical,
estimate
the
average
weight
in
pounds
that
was
present
at
your
facility
during
the
year.
To
do
this,
total
all
daily
weights
and
divide
by
the
number
of
days
the
chemical
was
present
on
the
site.

Find
the
appropriate
range
value
in
Table
I.

Enter
this
range
value
as
the
Average
Daily
Amount.

EXAMPLE:

The
25,000­
gallon
shipment
of
solvent
you
received
last
year
was
gradually
used
up
and
completely
gone
in
315
days.
The
sum
of
the
daily
volume
levels
in
the
tank
is
4,536,000
gallons.
By
dividing
4,536,000
gallons
by
315
days
on­
site,
you
calculate
an
average
daily
amount
of
14,400
gallons.

You
already
know
that
the
solvent
contains
10%
benzene,
which
is
a
hazardous
chemical.
Since
10%
of
14,400
is
1,440,
you
figure
that
you
had
an
average
of
1,440
gallons
of
benzene.
You
also
know
that
the
density
of
benzene
is
7.29
pounds
per
gallon,
so
you
multiply
1,440
by
7.29
to
get
a
weight
of
10,500
pounds.

Then
you
look
at
Table
I
and
find
that
the
range
value
04
corresponds
to
10,500.
You
enter
04
as
the
Average
Daily
Amount.

(
If
you
are
using
the
form
as
a
worksheet
for
completing
Tier
One
form,
you
should
write
10,500
in
the
shaded
area.)

NUMBER
OF
DAYS
ON­
SITE
Enter
the
number
of
days
that
the
hazardous
chemical
was
found
on­
site.

EXAMPLE:

The
solvent
composed
of
10%
benzene
was
present
for
315
days
at
your
facility.
Enter
315
in
the
space
provided.

STORAGE
CODES
AND
STORAGE
LOCATIONS
List
all
non­
confidential
chemical
locations
in
the
column,
along
with
storage
types/
conditions
associated
with
each
location.
Please
note
that
a
particular
chemical
may
be
located
in
several
places
around
the
facility.
Each
row
of
boxes
followed
by
a
line
represents
a
unique
location
for
the
same
chemical.

Storage
Codes:
Indicate
the
types
and
conditions
of
storage
present:

Look
at
Table
II.
For
each
location,
find
the
appropriate
storage
type
and
enter
the
corresponding
code
in
the
first
box.
Look
at
Table
III.
For
each
location,
find
the
appropriate
storage
types
for
pressure
and
temperature
conditions.
Enter
the
applicable
pressure
code
in
the
second
box.
Enter
the
applicable
temperature
code
in
the
third
box.
33
Table
II
­
STORAGE
TYPES
CODES
Types
of
Storage
A
Above
ground
tank
B
Below
ground
tank
C
Tank
inside
building
D
Steel
drum
E
Plastic
or
non­
metallic
drum
F
Can
G
Carboy
H
Silo
I
Fiber
drum
J
Bag
K
Box
L
Cylinder
M
Glass
bottles
or
jugs
N
Plastic
bottles
or
jugs
O
Tote
bin
P
Tank
wagon
Q
Rail
car
R
Other
Table
III
­
PRESSURE
AND
TEMPERATURE
CONDITIONS
CODES
Storage
Conditions
(
PRESSURE)

1
Ambient
pressure
2
Greater
than
ambient
pressure
3
Less
than
ambient
pressure
(
TEMPERATURE)

4
Ambient
temperature
5
Greater
than
ambient
temperature
6
Less
than
ambient
temperature
but
not
cryogenic
7
Cryogenic
conditions
EXAMPLE:

The
benzene
in
the
main
building
is
kept
in
a
tank
inside
the
building,
at
ambient
pressure
and
less
than
ambient
temperature.

Table
II
shows
you
that
the
code
for
a
tank
inside
a
building
is
C.
Table
III
shows
you
that
the
code
for
ambient
pressure
is
1,
and
the
code
for
less
than
ambient
temperature
is
6.

You
enter:
C
1
6
STORAGE
LOCATIONS:

Provide
a
brief
description
of
the
precise
location
of
the
chemical,
so
that
emergency
responders
can
locate
the
area
easily.
You
may
find
it
advantageous
to
provide
the
optional
site
plan
or
site
coordinates
as
explained
below.

For
each
chemical,
indicate
at
a
minimum
the
building
or
lot.
Additionally,
where
practical,
the
room
or
area
may
be
indicated.
You
may
respond
in
narrative
form
with
appropriate
site
coordinates
or
abbreviations.

If
the
chemical
is
present
in
more
than
one
building,
lot,
or
area
location,
continue
your
responses
down
the
page
as
needed.
If
the
chemical
exists
everywhere
at
the
plant
site
simultaneously,
you
may
report
that
the
chemical
is
ubiquitous
at
the
site.

Optional
attachments:
If
you
choose
to
attach
one
of
the
following,
check
the
appropriate
Attachments
box
at
the
bottom
of
the
Tier
Two
form.

A
site
plan
with
site
coordinates
indicated
for
buildings,
lots,
areas,
etc.
throughout
your
facility.
34
A
list
of
site
coordinate
abbreviations
that
correspond
to
buildings,
lots,
areas,
etc.
throughout
your
facility.
A
description
of
dikes
and
other
safeguard
measures
for
storage
locations
throughout
your
facility.

EXAMPLE:

You
may
have
benzene
in
the
main
room
of
the
main
building,
and
in
tank
2
in
tank
field
10.
You
attach
a
site
plan
with
coordinates
as
follows:
main
building
=
G­
2,
tank
field
10
=
B­
6.
Fill
in
the
Storage
Location
as
follows:

B­
6
[
Tank
2
]
G­
2
[
Main
Room]

CONFIDENTIAL
INFORMATION
Under
Title
III,
Section
324,
you
may
elect
to
withhold
location
information
on
a
specific
chemical
from
disclosure
to
the
public.
If
you
choose
to
do
so:

Enter
the
word
"
confidential"
in
the
Non­
Confidential
Location
section
of
the
Tier
Two
form
on
the
first
line
of
the
storage
locations.

On
a
separate
Tier
Two
Confidential
Location
Information
Sheet,
enter
the
name
and
CAS
number
of
each
chemical
for
which
you
are
keeping
the
location
confidential.

Enter
the
appropriate
location
and
storage
information,
as
described
above
for
non­
confidential
locations.

Attach
the
Tier
Two
Confidential
Location
Information
Sheet
to
the
Tier
Two
form.
This
separates
confidential
locations
from
other
information
that
will
be
disclosed
to
the
public.

CERTIFICATION
Instructions
for
this
section
are
included
on
page
one
of
these
instructions.
