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)(Renewal) – EPA No. 1352.12.

1(b)	Short Characterization

This information collection request (ICR) was previously approved as OMB
No. 2050-0072 through July 31, 2011, for, 3,792,432 hours. The owner or
operator of any facility that is required to prepare or have available a
Material Safety Data Sheet (MSDS) for a hazardous chemical under the
Occupational Safety and Health Act of 1970 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.  The 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.  Section 311 of EPCRA
allows the public the same access to MSDSs that facilities provide to
their employees.  

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 form is submitted to the SERC, LEPC, and local fire
department.  The Tier II form, which provides chemical-specific
information, should be submitted upon request by the SERC or LEPC.  

States were always given the flexibility to implement the EPCRA program
as appropriate for their State to meet the goals of EPCRA, which is to
prepare for and respond to releases of EHSs and to provide the public
with information on potential chemical risks in their communities.  This
flexibility includes adding more chemicals, setting lower reporting
thresholds and creating a reporting form or format that includes more
information than is required by the federal reporting requirements. 
Many States have more stringent requirements, such as additional
chemicals and lower reporting thresholds.  Some States developed their
own inventory reporting form, including electronic reporting format and
certification.  Other States use the federal inventory reporting form or
the federal electronic reporting format, Tier2 Submit.  

EPCRA authorized EPA to publish regulations and the forms for hazardous
chemical reporting.  On October 15, 1987, EPA published the final rule
and the emergency and hazardous chemical inventory reporting forms (Tier
I and Tier II).   The regulations and forms were revised in July 26,
1990.  

EPA published a proposed rule on June 8, 1998 to streamline the
reporting requirements for hazardous chemical reporting and provided
draft guidance on various reporting options that states may implement
under EPCRA section 312.  Parts of the 1998 proposed rule were finalized
in stages, February 11, 1999 and November 3, 2008.  EPA finalized the
guidance on reporting options for States and locals on July 13, 2010. 
Other issues that were proposed in 1998 will be finalized in the near
future.  

EPA estimates that 390,000 manufacturing and non-manufacturing
facilities are currently subject to reporting and recordkeeping
requirements under EPCRA sections 311 and 312.  The total annual burden
to all facilities is estimated to be 3,772,292 hours at a cost of
$236,884,010.  There are estimated to be 3,552 SERCs and LEPCs.  The
total annual burden associated with state and local activities is
estimated to be 136,840 hours at a cost of $4,300,484.  

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.

Currently some states require facilities to submit the federal Tier II
inventory form.  Other states developed their own reporting form or
format.  None of the states accept Tier I inventory form.

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 or modifying 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)	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 February 14, 2011 (76 FR 8363).  EPA
received one comment from an environmental consultant.  The commenter
stated that facilities should notify the state and local officials if
there are no more hazardous chemicals present on the site or if
ownership changes occur at facilities.  

The Tier I and the Tier II inventory forms contain a check box to
indicate if the information reported is same as the previous year.  The
Agency has guidance in a Question and Answer format on the website at  
HYPERLINK "http://www.epa.gov/emergenies"  www.epa.gov/emergenies  under
the policy and guidance page that facilities should notify the state and
local officials if there is a change in ownership.  For facilities that
are covered by the emergency planning notification under EPCRA section
302 have to notify the SERC and LEPC within 30 days if any changes occur
the facility relevant to emergency planning (40 CFR 355.20(c)).  Some
states may have more stringent requirement for facilities to notify
state and local agencies if any changes occur.   	

  

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 renewal ICR adhere to the
guidelines specified by OMB.

3(e)	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 to EPA according to EPCRA sections 322 and
323 (40 CFR Part 350).

All trade secrecy claims submitted to EPA under EPCRA 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 and 312 of the Emergency
Planning and Community Right-to-Know Act (EPCRA), March 2010.  These
procedures were developed for EPCRA trade secrecy claims with the
knowledge that these documents are sensitive.  Handling and review of
documents containing EPCRA 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 EPCRA 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 “confidential”.

3(f)	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

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 and its implementing regulations.  

Section 1910.1200 of the OSHA regulations provides exemptions from the
definition of hazardous chemical.  

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 (codified in 40 CFR part 370).  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.

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 statute requires that
the Tier II Form must be submitted upon request by the SERC, LEPC or the
fire department with jurisdiction over the facility.  Currently all
states require facilities to submit federal Tier II inventory form or
the state developed inventory reporting form.

 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; 

An estimate in ranges of the average daily amount of hazardous chemicals
on-site in each hazard category present at the facility during the
preceding calendar year; and

The general location of hazardous chemicals in each category.

EPA has added the following information on the Tier I form in the final
rule published on October 15, 1987 (52 FR 38344) and July 26, 1990 (55
FR 30632).

NAICS code and Dun and Bradstreet number of the facility

Emergency contact (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).

The Tier II Form includes the following information as required by
statute:

The chemical name or the common name of the chemical as provided on the
material safety data sheet;

An estimate (in ranges) of the maximum amount of the hazardous chemical
present at the facility at any time during the preceding calendar year;

•	An estimate (in ranges) of the average daily amount of hazardous
chemical present at the facility during the preceding calendar year;

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

 

•	The location of the hazardous chemical within the facility.

The following data elements were added to the Tier II form in the final
rules published on October 15, 1987 and July 26, 1990.

•	CAS number to identify more accurately each chemical that is
reported; 

•	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 NAICS code and Dun and Bradstreet number of the facility

•	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 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
II 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.

As mentioned in the previous section of this document, all states now
require facilities to submit the federal Tier II inventory form or the
state developed inventory reporting format, including electronic
submission.  

5.	THE INFORMATION COLLECTED:  AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

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.  

EPA developed an electronic reporting software, Tier2 Submit, for
facilities to submit their hazardous chemical inventory form.  Some
states use Tier2 Submit and some states have created software using
their own resources and require facilities to submit electronically. 
Eight to ten states request EPA to add state specific fields to the
Tier2 Submit.

5(b)	Collection Methodology and Management

EPA does not receive the data; therefore, EPA does not have any special
data collection methodology and management.  .

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.  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 II (or state equivalent) 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. 
EPA estimates that there are 390,000 facilities that may be subject to
the requirements covered by this ICR.  EPA estimates that out of 390,000
facilities, there are 120,000 manufacturers and 270,000
non-manufacturers.  There is an increase of 40,000 facilities from the
previous ICR based on the number of facilities Tier II data contained on
the E-Plan database.  As of November 2010, E-Plan contains Tier II data
from 36 states.  EPA used this data to estimate the total number of
respondents.  (Note:  E-Plan is a database system developed for first
responders and other emergency preparedness personnel with on-site
hazardous chemical information around the U.S.  Some states require
facilities to submit their hazardous chemical inventory information via
E-Plan).

	According to the Census data in 2006 and 2008, there is a decline in
the number of manufacturing facilities.  However, EPA estimates that
during the period covered by this ICR, there will be a slight increase
in the number of manufacturers and non-manufacturers.  As in the
previous ICR, EPA estimates for the three years covered by this ICR,
there will be 420 (140 annually) new facilities covered by the
requirements under sections 311 and 312.  

The initial reporting burdens such as reading and understanding
regulations and section 311 submission(s) for currently covered
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 under section 311, annual reporting and recordkeeping activities
under section 312 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.  The estimated burden to complete each
reporting and recordkeeping activity is outlined below.

There are estimated to be 3,500 LEPCs and 52 SERCs.  These numbers are
assumed to remain the same during the period covered by this ICR.  

The unit burden estimates associated with this collection for facilities
is in Exhibit 1.  For State and local agencies the unit burden estimate
is in Exhibit 1.

Read and Understand Regulations

EPA estimates that 140 newly regulated facilities will need to read and
understand the regulations (40 CFR Part 370).  SERCs and LEPCs are
assumed to have already completed the rule 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.  

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

EPA estimates that 140 newly regulated facilities will need to determine
which chemicals exceed the threshold limits.  Of this universe, EPA
estimates that 30 percent (42 facilities) 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 (98 facilities)
are expected to submit such lists.  

Of those facilities submitting lists in lieu of MSDSs, all facilities
(91 facilities) 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.  

In addition, EPA estimates that 19,500 facilities (five percent of the
390,000 facilities reporting under section 312) will need to submit a
revised MSDS(s) and the same number of facilities (19,500 facilities)
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 (3,900 facilities) may be specifically requested to submit an
MSDS in accordance with 40 CFR 370.21(d).  Unit burden for each activity
under section 311 is in Exhibit 1.

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

The inventory reporting burden applies to new and currently covered
facilities.  Although EPA published two inventory forms, Tier I and Tier
II, all the States accepts only Tier II or form developed by States. 
Approximately 43 states accept inventory forms electronically, either
Tier2 Submit or the state developed electronic reporting format.  EPA is
not aware of any States that will accept Tier I form.  Therefore, EPA
did not account any burden for complying with Tier I form.  Tier II form
or State developed forms are useful for developing emergency response
plans since these forms contain detailed information than Tier I.  

For this ICR, EPA assumes small facilities are those less than 100
employees, medium facilities are those that have up to 500 employees,
and large facilities are those greater than 500 employees.  These
assumptions are used for both manufacturers and non-manufacturers.  The
majority of facilities in the non-manufacturing sector store few
chemicals in amounts that exceed reporting thresholds in relation to the
number stored at manufacturing facilities.  The corresponding burden
estimates for completing Tier II inventory forms are lower for
non-manufacturing facilities.  Small manufacturers and non-manufacturers
are assumed to take 1 to 8 hours annually to gather information and
submit their inventory form.  For this ICR, EPA applied the average of 6
hours for small manufacturers and 4 hours for small non-manufacturers. 
Facilities that EPA has contacted in prior years have informed us that
when the regulations were promulgated in 1987, gathering information and
completing the form took longer time.  It is now easier since the
information is usually same as previous year and also majority of
facilities submit their inventory electronically.  Medium size
facilities are estimated to take 8 to 80 hours annually.  These
facilities are assumed to have up to 15 chemicals that may exceed
reporting thresholds.  For this ICR, EPA applied 80 hours for medium
manufacturers.  Large manufacturers that EPA contacted previously have
informed us that it takes 8 hours to 120 hours to gather information and
complete the form.  These facilities may have up to 25 chemicals that
may exceed reporting thresholds.  For these facilities, EPA applied 120
hours for large manufacturers.  EPA also contacted one small and one
large non-manufacturer in prior years.  They have informed the Agency
that it takes 6 hours for small manufacturer and 40 hours for large
non-manufacturer to complete and submit the form under section 312.  EPA
then used the average, 23 hours to apply for medium size
non-manufacturers.  Although EPA believes that most of the facilities
burden may have reduced since most states require electronic reporting,
EPA is using the same estimates from the previous ICRs.  

  

Most of the States require facilities to submit using electronic
reporting method that State created or the Tier2 Submit.  Therefore, the
burden incurred on these facilities is lower than those submitting in
paper form.  EPA believes that those facilities submitting
electronically will have the Tier II or the State form stored which can
be revised easily.  Most of the information may be the same as previous
year.  Although the burden incurred may be lower for those submitting
electronically, EPA applied the same unit burden for both electronic
submitters and paper submitters.   

Information Requests for SERCs and LEPCs (40 CFR 370.30)

Information request burdens in 40 CFR 370.61 are incurred by LEPCs and
SERCs.  These agencies are required to provide public access to the
MSDSs and Tier I/II forms submitted by facilities.  EPA estimates that
the LEPCs or SERCs will be requested to provide MSDSs to the public for
one percent of the total universe of facilities reporting Tier I or Tier
II inventories annually (3,900 facilities).  SERCs and LEPCs are also
estimated to provide Tier II information on one percent of the same
universe of facilities (3,900 facilities) 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 earlier
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 are also
likely to spend considerable time on the data.  As in the previous ICR,
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 43 states have the
capability to accept inventory 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
1.

EPA estimates an hourly respondent labor cost for manufacturing facility
respondents of $58.18 for managerial staff, $58.18 for technical staff
and $27.87 for clerical staff including wages and benefits. Hourly
respondent labor costs for non-manufacturing facility respondents are
estimated at $48.36 for managerial staff, $48.36 for technical staff and
$21.35 for clerical staff including wages and benefits.  (Source: 
Bureau of Labor and Statistics December 2010)

EPA estimates an hourly respondent labor cost (including overhead) for
LEPCs and SERCs of $48.93 for managerial staff, $48.09 for technical
staff and $28.05 for clerical staff.  (Source:  Bureau of Labor and
Statistics December 2010)

Capital and O&M Costs

Approximately 40 states require facilities to submit their inventory
reports electronically.  Therefore, EPA estimates that only the
remaining states would be storing these reports in file cabinets. 
However, EPA assumes that some LEPs and fire departments do not have the
capability to store these reports electronically, so these agencies
would need to purchase file cabinets.  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 LEPCs and
fire departments would need to purchase approximately 100 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 10 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 $600 per filing cabinet, the cost of purchasing the
100 filing cabinets is estimated to be $60,000.  Annualizing the costs
over 15 years, a single file cabinet has annual cost of $40.

	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.  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.
 In addition, facilities were assumed to incur postage costs for mailing
new and revised MSDSs, lists of hazardous chemicals, and the annual
inventory reports.  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.  

Estimating Agency Burden and Cost

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.  

EPA update the electronic reporting software, Tier2 Submit annually and
accommodate state requests by including state required fields.  

6(d)	Estimating Total Annual Respondent Burden

Exhibit 4 presents the respondent burden for each information collection
activity and for the sum of all information collection activities
performed by each respondent type.  Exhibit 2 and 3 present the hour and
cost burden for SERCs and LEPCs for implementing the program.  Exhibit 5
and 6 show the capital and O&M costs to facilities over the three-year
information collection period.  The total average annual respondent
burden for facilities is 3,772,292 hours, for a total annualized cost of
$236,884,010.  The total average annual respondent burden for state and
local governments for the three-year period is 136,840 hours, for a
total annualized cost of $4,300,484.  These burden estimates are
summarized in Exhibits 5 and 6.

6(e)	Bottom Line Burden Hours and Cost

The total burden to facility respondents over three years is
11,316,876hours at a cost of $710,652,030.  The total burden to LEPC and
SERC respondents over three years is 410,520 hours at a cost of
$12,901,453.  Exhibits 5 and 6 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.

6(f)	Reasons for Change in Burden

The estimated average annual burden for facilities for reporting and
recordkeeping activities under EPCRA sections 311 and 312 is 3,772,292
hours per year.  There is an increase of 116,700 hours from the previous
ICR for the facilities.  There is an increase in the number of
respondents from the data extrapolated from the number of facilities
Tier II data on the E-Plan.  

6(g)	Burden Statement   

The average burden for MSDS reporting (basic and additional reporting)
is estimated at 6.75 hours for new facilities.  Additional reporting,
which is to submit revised and new MSDSs for currently covered and new
facilities is 2 hours.  The average burden for new and currently covered
facilities to submit MSDS upon request is 1 hour.  The average burden to
comply with Tier II inventory reporting for small, medium and large
manufacturers is 8, 80 and 120 hours, respectively.  The average burden
to comply with Tier II inventory reporting for small, medium and large
non-manufacturers is 6, 20, and 40 hours, respectively.  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 one hour per request. The average burden for managing
and maintaining the reports and MSDS files is estimated to be 32.50
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, 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.     

	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
EPA-HQ-SFUND-2004-0006, which is available for online viewing at
www.regulations.gov, or in person viewing at the Superfund Docket in the
EPA Docket Center (EPA/DC),  EPA West, Room 3334, 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 version of the public docket is available
www.regulations.gov.  This site can be used to 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.  When 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
EPA-HQ-SFUND-2004-0006 and OMB Control Number 2050-0072 in any
correspondence.

Exhibit 1

Section 311 and 312 Reporting and Recordkeeping Requirements

Estimated Unit Burden and Cost

Facilities

Information Collection Activity	Annual Unit Hours  	Total Hours 	Annual
Unit Cost

	Legal	Management	Technical	Clerical



RULE FAMILIARIZATION 







  Read and understand regulations 	1.00	2.50	7.5	0.00	11.00	$681.80









MSDS REPORTING







Basic Reporting







Determine which chemicals meet/exceed the thresholds (new facilities)
0.00	1.00	3.00	0.00	4.00	$232.72

Submit MSDSs to SERC, LEPC, and fire department (new facilities)	0.00
0.25	1.00	0.50	1.75	$86.65

Alternative Reporting







Submit list of hazardous chemicals grouped by hazard category (new
facilities) 	0.00	0.00	1.00	0.25	1.25	$65.15

Submit revised MSDSs (new and currently covered facilities)	0.00	0.25
0.50	0.25	1.00	$50.59

Submit new MSDSs (new and currently covered facilities)	0.00	0.25	0.50
0.25	1.00	$50.59

Additional Reporting







Submit MSDS upon request (new and currently covered facilities)	0.00
0.25	0.50	0.25	1.00	$50.59









INVENTORY REPORTING







Basic Reporting 







Develop and submit Tier II (new and currently covered facilities







Manufacturers







Small 	1.00	1.00	6.00	0.00	8.00	$507.26

Medium	2.00	4.00	74.00	0.00	80.00	$4,738.04

Large	4.00	8.00	108.00	0.00	120.00	$7,148.88

Non-manufacturers







Small	1.00	1.00	4.00	0.00	6.00	$390.90

Medium	2.00	2.00	16.00	0.00	20.00	$1,247.24

Large	4.00	4.00	32.00	0.00	40.00	$2,669.02



Exhibit 2

Sections 311 and 312 Reporting and Recordkeeping Requirements

Estimated Unit Burden and Cost

State and Local Governments 

	Annual Unit Hours 	Total Hours	Annual Unit Cost

	Legal	Management	Technical	Clerical



INFORMATION REQUESTS 







File and maintain annual inventory forms and data	0.00	0.00	5.0	27.5
32.50	$1,011.82

Input data and maintain database of 312 data	0.00	0.00	40.0	280.00
320.00	$9,777.60

Provide MSDSs upon written request	0.00	0.00	0.50	0.50	1.00	$38.06

Provide Tier II information upon written request	0.00	0.00	0.50	0.50
1.00	$38.06



Exhibit 3

Sections 311 and 312 Reporting and Recordkeeping Requirements

Estimated Annual Burden

State and Local Governments

	Number of Respondents	Annual Hours Burden	Total Hours 

Burden	Annual Cost



Legal	Management	Technical 	Clerical



INFORMATION REQUESTS

	File and maintain annual inventory forms and data	3,552	0.00	0.00
17,760	97,680	115,440	$3,594,002.40

Input data and maintain database of 312 data	45	0.00	0.00	1,800	12,600
14,400	$439,992.00

Provide MSDS on written request	3,500	0.00	0.00	1,750	1,750	3,500
$133,245.00

Provide Tier II information upon written request	3,500	0.00	0.00	1,750
1,750	3,500	$133,245.00

Total 





136,840	$4,300,484.40



Exhibit 4

Section 311 and 312 Reporting and Recordkeeping Requirements

Estimated Annual Burden and Cost

Facilities

	Number of Respondents	Legal	Management	Technical	Clerical	Total Hours
Burden	Annual Cost

RULE FAMILIARIZATION 







	  Read and understand regulations 	140	140	325	975	0.00	1,440
$89,634.00









	MSDS REPORTING







	Basic Reporting







	Determine which chemicals meet/exceed the thresholds (new facilities)
140	0.00	140	390	0.00	530	$30,835.40

Submit MSDSs to SERC, LEPC, and fire department (new facilities)	39	0.00
9.75	39	19.50	68.25	$3,379.74

Alternative Reporting







	Submit list of hazardous chemicals grouped by hazard category (new
facilities) 	91	0.00	0.00	91.00	22.75	113.75	$5,928.42

Submit revised MSDSs (new and currently covered facilities)	19,500	0.00
4,875	9,750	4,875	19,500	$986,748.75

Submit new MSDSs (new and currently covered facilities)	19,500	0.00
4,875	9,750	4,875	19,500	$986,748.75

Additional Reporting







	Submit MSDS upon request (new and currently covered facilities)	3,900
0.00	975	1,950	975	3,900	$197,349.75

Subtotal





40,652	$2,300,624.81

INVENTORY REPORTING







	Basic Reporting 







	Develop and submit Tier II (new and currently covered facilities







	Manufacturers







	Small 	107,400	107,400	107,400	644,400	0.00	859,200	$54,479,724

Medium	9,000	18,000	36,000	666,000	0.00	720,000	$42,642,360

Large	3,600	14,400	28,800	388,800	0.00	432,000	$25,735,968

Non-manufacturers







	Small	265,140	265,140	265,140	1,060,560	0.00	1,590,840	$103,643,230

Medium	3,240	6,480	6,480	51,840	0.00	64,800	$4,041,057

Large	1,620	6,480	6,480	51,840	0.00	64,800	$4,041,057

Subtotal





3,731,640	$ 234,583,386

Total (Facilities)





3,772,292	$ 236,884,010



Exhibit 5

Summary of Total Burden and Cost Estimates

Facilities

	Total Hours

Burden (Hours)	Total Cost	





Labor	Capital	O&M

	Annual	3,772,292	$236,884,010	$900	$6,330,300

	Three-Year	11,316,876	$710,652,030	$2,700	$18,990,900

	

Exhibit 6

Summary of Total Burden and Cost Estimates 

 SERCs and LEPCs

	Total Hours

Burden 

(Hours)	Total Cost	





Labor	Capital	O&M

	Annual	136,840	$4,300,484	$2,700	$56,000

	Three-Year	410,520	$12,901,453	$8,100	$168,000

	

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