    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 ICR Number 1352.14, OMB Control Number 2050-0072.

      1(b)	Short Characterization

      This is a renewal of the existing information collection under Sections 311 and 312 of EPCRA approved by the Office of Management and Budget (OMB), which is currently scheduled to expire on December 31, 2018.  
      
      EPCRA section 311 requires 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 (OSHA) of 1970 to 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. The reporting threshold for EHSs is either 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. These are the existing thresholds for chemicals stored entirely underground at retail gas stations in compliance with Underground Storage Tank (UST) regulations. Section 311 of EPCRA allows the public the same access to MSDSs that facilities provide their employees.  
      
      The submittal of a list of chemicals or MSDSs is a one-time requirement, to be completed by October 17, 1987. However, facilities must submit updated lists or MSDSs within three months when a hazardous chemical above the reporting threshold is brought on-site. If significant new information arises concerning a previously submitted MSDS, a facility must submit a revised MSDS. Additionally, the facility must provide an MSDS if the SERC or LEPC receives a request, even if the quantity of the hazardous chemical stored is below the reporting threshold.

      Section 312 of EPCRA requires owners and operators of facilities subject to section 311 to report annually the inventories of those chemicals reported under section 311. 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 and the Tier II form provides chemical-specific information.
      
      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 on 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 on February 11, 1999 and November 3, 2008.  EPA finalized the guidance on reporting options for states and local government on July 13, 2010. Other revisions that were proposed in 1998 will be finalized in the near future.  

      With the adoption of the Globally Harmonized System (GHS) of classification and labeling of chemicals, OSHA Hazard Communication Standard (HCS), codified in 29 CFR 1910.1200, was revised on March 26, 2012 (77 FR 17574). Among other changes, HCS revised certain terms used in GHS, such as Safety Data Sheets (SDSs), which formerly were called "Material Safety Data Sheets" (MSDSs). However, EPCRA refers to the term Material Safety Data Sheet (MSDS) in its applicability to section 311 and 312 requirements.  On June 13, 2016, EPA revised Tier I and II forms adopting physical and health hazard categories from OSHA.
      
      EPA estimates that 400,000 facilities may be subject to the requirements covered by this ICR. EPA estimates that 120,000 facilities (30 percent) are manufacturers and 280,000 (70 percent) are non-manufacturers. 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. The facility submits the Tier I form to the SERC, LEPC, and local fire department. The Tier II form, which provides chemical-specific information, must be submitted upon request by the SERC or LEPC.  
      
      The submittal of an inventory form allows local emergency planners/responders and the community to have access to information regarding the hazards of a chemical at the facility.

      States were always given the flexibility to implement the EPCRA program as appropriate for their state to meet the goals of EPCRA, which are 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 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 enacted more stringent requirements, such as additional chemicals and lower reporting thresholds. Some states developed their own inventory reporting form, including electronic reporting formats and certification.  Other states use the federal inventory reporting form or the federal electronic reporting format, Tier2 Submit.  

      
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 report annually 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."  The Tier I form collects the minimum amount of information necessary to comply with the section; facilities aggregate reportable chemicals by hazard type and provide the quantities and locations of the chemicals. The Tier II Form collects chemical-specific information and is submitted (in lieu of the Tier I Form) only 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 and then will be accessible to the public. The public will have information on the hazards in their community.  State and local officials also use the submitted information to develop or modify 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 submittal similar to sections 311 and 312 of EPCRA. EPA considers state programs that meet EPCRA's minimum reporting requirements to comply with EPCRA. The burden estimate in this ICR also includes burden imposed on facilities that comply with state requirements.   

      3(b) 	Consultations
      
      For the current ICR, which is scheduled to expire on December 31, 2018, EPA contacted seven facilities in chemical manufacturing, food manufacturing, cold storage, water treatment, chemical warehouse and steel fabrication to compare the burden estimates the Agency developed in the previous ICRs to actual burden incurred by facilities to comply annually with section 312 of EPCRA (Tier II inventory form).  
      
      Small facilities that report up to 15 chemicals informed the Agency that they spend 1 hour to 24 hours to conduct inventory and complete the Tier II form. Medium size facilities that report up to 80 chemicals spend 24 hours to 80 hours. One medium size facility submits a hard copy of the Tier II form, which requires more time to complete.  
      
      The large facility reports up to 700 chemicals and spends 60 hours to inventory its chemicals and report. Large facilities have a system in place to conduct quarterly inventory of their chemicals, which facilitates reporting. Because most states accept on-line reporting of the Tier II form, the data from the previous reporting year is imported to the next reporting year, which makes it easier for facilities that submit on-line using Tier2 Submit (EPA-developed software) or state-developed or commercial software that states require facilities to use.  
      
      The following facilities were contacted:
      Anheuser-Busch, LLC		Hirsch Industries		DeLong's Inc.
      Baldwinsville NY			Dover DE			Jefferson City, MO
      
      Bayer-Crop Science			Ventura Water Works		Mid-Columbia Warehouse
      Independence MO			Ventura IA			Pasco, WA
      
      Alaska General Foods
      Ketchikan AK
      
Prior to submitting this ICR package to OMB, EPA will contact additional facilities to determine the burden hours to comply with the activities described in this ICR.
  
      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 a 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 secret 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), December 2014. These procedures were developed for EPCRA trade secret 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 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.

Reporting thresholds also 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 thresholds:
      
      ::	For hazardous chemicals other than EHSs, 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 in compliance with UST regulations.

      4(b)	Information Requested

      4(b)(i)	Data Items

      Facilities that have chemicals subject to section 311 are required to submit MSDSs for those 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 five hazard types: fire, sudden release of pressure, reactivity, immediate health hazard, and acute health hazard.

      On or before March 1 of each year, facilities that have reportable chemicals must submit a Tier I Form. EPCRA requires that the Tier II Form be submitted upon request by the SERC, LEPC or the fire department with jurisdiction over the facility. Currently, all states require facilities to submit the 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 aggregated quantity 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 aggregated quantities 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 added the following required information to 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 quantity, 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 MSDS;
      
 An estimate, in ranges, of the maximum quantity of the hazardous chemical present at the facility at any time during the preceding calendar year;
      
 An estimate, in ranges, of the average daily quantity 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.

EPA added the following data elements to the Tier II form in 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 each chemical presents 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 quantity, particularly for those chemicals that are on-site for only a short period of time each year).

On July 13, 2012, EPA added the following data elements to page one of the Tier I and Tier II forms:

 Latitude and longitude of the facility;
 Maximum number of occupants;
 An indication of whether the facility is manned or unmanned;
 Facility identification numbers assigned under the Toxic Chemical Release Inventory and the Risk Management Programs;
 Email address of the owner or operator of the facility;
 Name, title, email address, phone number and 24-hour phone number of the facility emergency coordinator;
 Name, title, email address, phone number of the person knowledgeable about the information reported on the Tier I and Tier II forms;
 Email address of the emergency contact(s);
 An indication of whether the facility is subject to EPCRA Section 302; and 
 An indication of whether the facility is subject to Clean Air Act (CAA) section 112(r), also known as the Risk Management Program.

The following data elements were added to the forms as optional:  

 Name, address, phone number, Dun & Bradstreet number and email address of the parent company; and,
 Phone number of the facility.  
            
EPA did not make any significant changes to page two of the Tier II form.  

On June 13, 2016, EPA adopted the physical and health hazards from OSHA's GHS system.  EPA published a correction notice on July 21, 2016 as we inadvertently omitted one of the hazards.  		
	
	4(b)(ii)	Respondent Activities

      To determine whether it is subject to section 311, a facility must review inventory records for all chemicals on-site that are required to have a MSDS. The facility also must review the EHS list to determine whether any of its chemicals are subject to a lower reporting threshold.

      If the facility determines that it has reportable chemicals, it must obtain the address of the SERC, LEPC, and local fire department. Copies of the MSDSs for these chemicals may be submitted, or if it prefers, 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 each 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 must monitor its inventory records for the chemical (to determine the inventory information), add the quantities for chemicals with the same hazards, and determine the correct code for the total quantity.

      A site map may be a convenient way 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. It is submitted to the state and local agencies, so EPA incurs no burden under this ICR.
      
      EPA developed 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 using their state-developed form. Eight to ten states requested that EPA add state specific fields to the Tier2 Submit software.
      
      According to the most up-to-date information EPA has, currently, 22 states use Tier2 Submit software as their reporting system and 21 states use their state-developed or commercial software. These 43 states require facilities to submit electronically, online, or on a CD or diskette. Seven states require their facilities to use E-plan to report the Tier II information. Two states accept hard copy paper submissions. EPA will review and update these figures as needed during the public comment period.
      
      Note:  E-plan is managed by the University of Texas Dallas (UTD).  E-plan contains Tier II information under EPCRA section 312 and risk management plan under Section 112(r) of the Clean Air Act. Some states use E-plan as their reporting tool.  States that have their own reporting system share their Tier II data with UTD so it can be shared by emergency planners and responders.  

      5(b)	Collection Methodology and Management

      EPA does not receive the submitted data; therefore, EPA has no special data collection methodology or management. 

      5(c)	Small Entity Flexibility

      EPA considers the burden for small businesses to be smaller than that for large facilities because of the reduced number of chemicals on-site at smaller facilities.  

      5(d)	Collection Schedule

      The frequency of collection for EPCRA sections 311 and 312 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 or list. In that event, a facility must submit a revised MSDS or list. Facilities must submit updates to the list or MSDSs within three months of having a new hazardous chemical come on-site in a quantity above the reporting threshold. The facilities subject to section 312 are required to submit either the Tier II form (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 reporting requirements of EPCRA sections 311 and 312. EPA estimates that 400,000 facilities may be subject to the requirements covered by this ICR. EPA estimates that 120,000 facilities (30 percent) are manufacturers and 280,000 (70 percent) are non-manufacturers. There is no change in the number of facilities from the previous ICR based on a re-count of the number of facilities in the E-Plan database and information provided by EPA Regions. As in the previous ICR, EPA makes the conservative assumption that a total of 420 new manufacturing facilities (140 annually) will be covered by the requirements under sections 311 and 312 during the three-year ICR renewal period.  

      EPA assumes that the initial reporting activities such as reading and understanding regulations and section 311 submission(s) for currently covered facilities under EPCRA sections 311 and 312 have occurred already and are not included in this ICR. This ICR accounts for reporting updates under section 311, annual reporting and recordkeeping activities under section 312, which 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 during the three-year ICR-renewal period. The estimated burden to complete each reporting and recordkeeping activity is outlined below.  
      
      EPA estimates of 3,000 LEPCs and 52 SERCs remain constant 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 estimates are in Exhibit 2.
      
      Read and Understand Regulations

      EPA expects no new facilities to become subject to the regulations during this ICR period. However, to be conservative, as in the previous ICR renewals, EPA assumes that 140 newly regulated manufacturing facilities will need to read and understand the regulations (40 CFR Part 370) annually. SERCs and LEPCs are assumed to have already completed the rule familiarization activities. EPA assumes that facilities spend an average of 11.0 hours to read and understand regulations in 40 CFR Part 370.  
      
      Section 311:  MSDS Reporting for Facilities (40 CFR 370.30)

      EPA estimates that 140 newly regulated manufacturing 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. EPA estimates that 70 percent (98 facilities) will submit such lists.  

      In addition, EPA estimates that 20,000 facilities (five percent of the 400,000 facilities reporting under section 312) will need to submit a revised MSDS(s) and 20,000 facilities will need to submit a new MSDS(s) in accordance with 40 CFR 370.31. 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 (4,000 facilities) may be specifically requested to submit an MSDS to LEPC in accordance with 40 CFR 370.32(b). Unit burden for each activity under section 311 is in Exhibit 1.
      
      Section 312:  Inventory Reporting for Facilities (40 CFR 370.40 to 370.42)

      The inventory reporting burden applies to new and currently covered facilities. Although EPA published two inventory forms, Tier I and Tier II, all 50 states accept only the Tier II form or a form developed by the state. All 50 states accept inventory forms electronically, using either Tier2 Submit, the state-developed electronic reporting format or a commercial software. Only two states accept hard copy submissions of Tier II form.  
      
      Note:  EPA is not aware of any states that accept the Tier I form. Therefore, EPA included no burden for completing the Tier I form. The Tier II form or state-developed forms are useful for developing emergency response plans because these forms contain more detailed information than Tier I.  
      
      For this ICR, EPA assumes small facilities are those that report between 1 to 15 chemicals, medium facilities are those that report up to 80 chemicals, and large facilities are those that report more than 80 chemicals. A majority of facilities in the non-manufacturing sector store few chemicals in amounts that exceed reporting thresholds compared to the number of chemicals stored at manufacturing facilities. Therefore, the corresponding burden estimates for completing Tier II inventory forms are lower for non-manufacturing facilities.  
      
      Estimates in the ICR two renewals previously were slightly lower than the information the Agency received from consultations with the facilities in those renewals. Small size facilities that reported between one and 15 chemicals spent between one and 24 hours annually to gather information and submit their inventory form. Non-manufacturers have fewer chemicals to report. For this ICR, EPA applied the average of 14 hours for small manufacturers and 10 hours for small non-manufacturers.  
      
      Based on conversations with the facilities EPA contacted, EPA estimates that medium facilities spend between 24 and 80 hours annually. EPA assumes these facilities have up to 80 chemicals on-site that may exceed reporting thresholds. For this ICR, EPA assumed 80 burden hours for medium manufacturers and 40 burden hours for non-manufacturers. 
      
      One large manufacturer that EPA contacted reported having up to 700 chemicals at the facility yet it spends 60 hours on inventory and reporting activities. Most large manufacturers may have a system in place to conduct regular inventory of their chemicals which would reduce the time required to file an inventory form. To be conservative, as in the previous ICRs, EPA estimates that large manufacturers spend 120 hours and non-manufacturers spend 40 hours. Although the facility burden likely is now reduced because most states require electronic reporting, to be conservative, EPA is using the same estimates from the previous ICRs for large manufacturers.  
        
      Most states require facilities to submit electronically (online, CD, or diskette) by using state-developed software, a commercial software or Tier2 Submit. The burden for electronic submission is lower than the burden for submitting in paper form. Only two states accept paper submissions of the Tier II form. EPA believes that those facilities submitting electronically will maintain an electronic copy of their form, which revised easily. Most of the information may be the same as previous year and the information from the previous year is imported to the new reporting 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 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 (4,000 facilities). SERCs and LEPCs are also estimated to provide Tier II information on one percent of the same universe of facilities (4,000 facilities) resulting from requests from the public for such information. 

      Data Management for SERCs and LEPCs

      SERCs and LEPCs receive annual inventory forms from facilities and must make the forms available to the public on request. The burden hours to manage these forms varies depending on both the number of forms received and how the LEPC or SERC uses the data. Smaller LEPCs receive few forms each year; LEPCs in industrialized areas or areas 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 devote considerable effort organizing and checking the data. In addition, a limited number of SERCs and LEPCs have developed databases and input the section 312 data into their CAMEO software systems. Based on discussions with LEPCs that have databases, EPA estimates that this effort would require two months or 320 hours. Forty-three states have the capability to accept inventory forms electronically.     

      6(b)	Estimating Respondent Costs

      EPA estimates costs to respondents by multiplying the respondent burden estimates for each labor category by the corresponding labor rate for that category. EPA updated labor rates from the previous ICR using the most recent data available for employer costs for employee compensation tables from the Bureau of Labor Statistics (BLS), March 2018. EPA then multiplied unit costs for each respondent or activity 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.

	Updated hourly respondent labor costs for manufacturing facility respondents are $70.10 for managerial staff, $55.39 for technical staff, and $26.02 for clerical staff, including wages and benefits. Updated hourly respondent labor costs for non-manufacturing facility respondents are $59.57 for managerial staff, $32.27 for technical staff, and $24.86 for clerical staff. 

	EPA then calculated weighted average labor rates for each labor category. Manufacturing facilities comprise 30 percent of all facilities and non-manufacturing facilities comprise 70 percent of all facilities. Therefore, the weighted average wage rate for managerial labor is calculated as ($70.10 *.30) + ($59.57 * .70) = $62.73. Using the same weights for technical and clerical labor in manufacturing and non-manufacturing facilities results in a technical labor weighted average wage rate of $39.10 and a clerical labor weighted average wage rate of $25.21.

	Updated hourly labor rates, including wages and benefits, for LEPCs and SERCs are $59.33 for managerial staff, $57.75 for technical staff, and $34.16 for clerical staff.


      Capital and O&M Costs
      
      All 50 states allow facilities to submit their inventory reports (Tier II form) electronically using Tier2 Submit, or state-developed or commercial software. Currently, only two states allow facilities to submit Tier II form in hard copy. So, only these two states store these reports in file cabinets. As mentioned previously, EPA will update and if necessary, revise this information during the public comment period. Those two states have approximately 1,100 facilities that submit Tier II inventory form. However, EPA assumes that some LEPCs and fire departments do not have the capability to store these reports electronically, so these agencies would also need to purchase file cabinets. Capital costs include the cost of filing cabinets required to store the forms. Using an estimated cost of $800 per filing cabinet and annualizing the costs over 15 years, a single file cabinet has annualized cost of approximately $50. So, for 3,052 SERCs and LEPCs, the total cost for filing cabinets would be $152,000 annually.  
      
      The 1,100 facilities that would submit Tier II form in hard copy would need to maintain copies of their annual inventory reports. For these facilities, the total annualized capital costs would be $55,000.
      
	Although most facilities in all 50 states covered by these regulations are now submitting Tier II forms electronically, EPA retained the estimates derived in the previous ICR for O&M costs for SERCs, LEPCs and facilities.  

      Estimating Agency Burden and Cost
      
      EPA estimates no annual Agency recordkeeping burden associated with this ICR. Only state and local government entities incur burden and cost to manage information submitted by facilities.  
      
      EPA updates the electronic reporting software, Tier2 Submit annually and accommodates state requests by including state-required fields. EPA estimates it spends $50,000 per year to update and maintain Tier2 Submit software, including changes requested by states.  
      
      6(d)	Estimating Total Annual Respondent Burden

      EPA estimates approximately 400,000 facilities are covered by EPCRA sections 311 and 312 reporting requirements. Exhibits 1 and 4 present information collection activities, unit burden and annual burden and costs for facilities. The total average annual respondent burden for 400,000 facilities is 5,800,342 hours, for a total annual cost of $247,162,976.
      
      EPA estimates that approximately 3,000 LEPCs and 52 SERCs will implement the regulation. Exhibits 2 and 3 present information collection activities, unit burden and annual burden and costs for SERCs and LEPCs to implement the program. The total average annual respondent burden for 3,052 SERCs and LEPCs is 119,002 hours, for a total annualized cost of $4,537,050. 

                                                                               
      6(e)	Bottom Line Burden Hours and Cost

      The total three-year burden for facilities is 17,401,026 hours at a cost of $741,488,928. The total burden to LEPC and SERC respondents over three years is 357,006 hours at a cost of $13,611,150. Exhibits 5, 6, and 7 present a summary of the bottom line burden and cost estimates for the ICR 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 5,800,342 hours per year. This is an increase of 4,090 hours compared to the previous ICR approved by OMB. This increase in burden is attributable to the correction of math errors found while preparing this ICR renewal. Changes in cost are attributable to three sources. First, labor rates were updated from June 2015 to March 2018 using BLS data described previously in this section. Second, EPA calculated weighted average labor rates for management, technical and clerical labor using weights that correspond to the shares of manufacturing (30 percent) and non-manufacturing (30 percent) facilities of all facilities subject to this ICR. The previous ICR renewal did not use weighted average labor rates. And third, math errors corrected in the burden estimates led to different costs, regardless of any changes in labor rates used to calculate total costs, and math errors in previous cost calculations led to incorrect costs in selected activities. The combined effects of these adjustments and corrections is to increase the facilities annual burden by 4,090 hours and the cost by $3.22 million. Over the three-year period, the facilities total burden would increase by 12,270 hours and the total cost, by $9.68 million. The state and local government annual burden is unchanged at 119,002 hours and the annual cost increases by $1.53 million. Over the three-year period, the state and local government total burden would remain the same at 357,006 hours and the total cost would increase by $4.6 million.
      

      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 14, 80 and 120 hours, respectively. The average burden to comply with Tier II inventory reporting for small, medium and large non-manufacturers is 10, 40, and 40 hours, respectively. There are no recordkeeping requirements for facilities under EPCRA sections 311 and 312, although EPA assumes that they will maintain a copy of annual reports to use for future filings. The recordkeeping for MSDSs is mandated under OSHA HCS. 

      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 section 312 database is estimated to be 320 hours.

	The annual public reporting and recordkeeping burden for this collection of information is estimated to range from 10 to 120 hours per response, which covers the range from small non-manufacturers, to large manufacturers. 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 B102, 1301 Constitution Avenue, NW, Washington, D.C. 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 Docket is (202) 566-0276. An electronic version of the public docket is available at 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, D.C. 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
                                  Management
                                   Technical
                                   Clerical
Total Hours
Annual Unit Cost
RULE FAMILIARIZATION 





  Read and understand regulations 
                                     2.50
                                      7.5
                                     0.00
                                     10.00
                                                                        $450.08





                                                                               
SDS REPORTING




                                                                               
Basic Reporting




                                                                               
Determine which chemicals meet/exceed the thresholds (new facilities)
                                     1.00
                                     3.00
                                     0.00
                                     4.00
                                                                       $180.03 
Submit SDSs to SERC, LEPC, and fire department (new facilities)
                                     0.25
                                     1.00
                                     0.50
                                     1.75
                                                                         $67.39
Alternative Reporting
                                       
                                       
                                       
                                       
                                                                               
Submit list of hazardous chemicals grouped by hazard category (new facilities) 
                                     0.00
                                     1.00
                                     0.25
                                     1.25
                                                                        $45.40 
Submit revised SDSs (new and currently covered facilities)
                                     0.25
                                     0.50
                                     0.25
                                     1.00
                                                                        $41.54 
Submit new SDSs (new and currently covered facilities)
                                     0.25
                                     0.50
                                     0.25
                                     1.00
                                                                        $41.54 
Additional Reporting




                                                                               
Submit SDS upon request (new and currently covered facilities)
                                     0.25
                                     0.50
                                     0.25
                                     1.00
                                                                        $41.54 





                                                                               
INVENTORY REPORTING




                                                                               
Basic Reporting 




                                                                               
Develop and submit Tier II (new and currently covered facilities




                                                                               
                                                                  Manufacturers
                                       
                                       
                                       
                                       
                                                                               
                                                                         Small 
                                     4.00
                                     10.00
                                     0.00
                                     14.00
                                                                        $641.92
                                                                         Medium
                                     4.00
                                     76.00
                                     0.00
                                     80.00
                                                                      $3,222.52
                                                                          Large
                                     8.00
                                    112.00
                                     0.00
                                    120.00
                                                                      $4,881.04
                                                              Non-manufacturers
                                       
                                       
                                       
                                       
                                                                               
                                                                          Small
                                     2.00
                                     8.00
                                     0.00
                                     10.00
                                                                        $438.26
                                                                         Medium
                                     4.00
                                     36.00
                                     0.00
                                     40.00
                                                                      $1,658.52
                                                                          Large
                                     6.00
                                     34.00
                                     0.00
                                     40.00
                                                                        $376.38
GRAND TOTAL
                                       
                                       
                                       
                                       
                                                                     $12,086.14


                                   Exhibit 2
         Sections 311 and 312 Reporting and Recordkeeping Requirements
                        Estimated Unit Burden and Cost
                         State and Local Governments 
                                       
                                       
                                  Management
                                   Technical
                                   Clerical
                                  Total Hours
                               Annual Unit Cost
INFORMATION REQUESTS 
                                       
                                       
                                       
                                       
                                       
File and maintain annual inventory forms and data
                                     0.00
                                     5.00
                                                                          27.50
                                                                          32.50
                                                                         $1,228
Input data and maintain database of 312 data
                                     0.00
                                     40.0
                                                                         280.00
                                                                         320.00
                                                                        $11,875
Provide SDSs upon written request
                                     0.00
                                     0.50
                                                                           0.50
                                                                           1.00
                                                                            $46
Provide Tier II information upon written request
                                     0.00
                                     0.50
                                                                           0.50
                                                                           1.00
                                                                            $46
GRAND TOTAL
                                       
                                       
                                       
                                       
                                                                        $13,195

                                       
                                   Exhibit 3
         Sections 311 and 312 Reporting and Recordkeeping Requirements
                            Estimated Annual Burden
                          State and Local Governments
                                       
                                       
                                       
                             Number of Respondents
                                  Management
                                   Technical
                                   Clerical
                              Total Annual Hours
                                  Annual Cost
INFORMATION REQUESTS
                                       
File and maintain annual inventory forms and data
                                     3,052
                                     0.00
                                    15,260
                                    83,930
                                    99,190
                                                                   [$3,748,314]
                                                                               
Input data and maintain database of 312 data
                                      43
                                     0.00
                                     1,720
                                    12,040
                                    13,760
                                                                     [$510,616]
LEPCs provide SDS on written request 
                                     3,000
                                     0.00
                                     1,500
                                     1,500
                                     3,000
                                                                     [$137,865]
SERCs and LEPCs provide Tier II information upon written request
                                     3,052
                                     0.00
                                     1,526
                                     1,526
                                     3,052
                                                                     [$140,255]
GRAND TOTAL
                                       
                                       
                                       
                                       
                                    119,002
                                                                     $4,537,050
                                       
                                       
                                       
                                   Exhibit 4
         Section 311 and 312 Reporting and Recordkeeping Requirements
                       Estimated Annual Burden and Cost
                                  Facilities
                                       

                             Number of Respondents
                                  Management
                                   Technical
                                   Clerical
                              Total Hours Burden
                                  Annual Cost
RULE FAMILIARIZATION 
                                       





  Read and understand regulations 
                                      140
                                      350
                                     1050
                                       0
                                     1,400
                                   $63,011 
                                                                       Subtotal




                                                                          1,400
                                                                       $63,011 
SDS REPORTING






Basic Reporting






Determine which chemicals meet/exceed the thresholds (new facilities)
                                      140
                                      140
                                      420
                                       0
                                      560
                                   $25,204 
Submit SDSs to SERC, LEPC, and fire department (new facilities)
                                      39
                                     9.75
                                      39
                                     19.5
                                     68.25
                                    $2,628 
Alternative Reporting

                                       
                                       
                                       
                                       
                                       
Submit list of hazardous chemicals grouped by hazard category (new facilities) 
                                      91
                                       0
                                      91
                                     22.75
                                    113.75
                                    $4,132 
Submit revised SDSs (new and currently covered facilities)
                                    20,000
                                     5,000
                                    10,000
                                     5,000
                                    20,000
                                   $830,700 
Submit new SDSs (new and currently covered facilities)
                                    20,000
                                     5,000
                                    10,000
                                     5,000
                                    20,000
                                   $830,700 
Additional Reporting






Submit SDS upon request (new and currently covered facilities)
                                     4,000
                                     1,000
                                     2,000
                                     1,000
                                     4,000
                                   $166,140 
                                                                       Subtotal

 
 
 
                                                                         44,742
                                                                    $1,859,504 
INVENTORY REPORTING






Basic Reporting 






Develop and submit Tier II (new and currently covered facilities






                                                                  Manufacturers
                                       
                                       
                                       
                                       
                                       
                                       
                                                                         Small 
                                    107,400
                                    429,600
                                   1,074,000
                                       0
                                                                      1,503,600
                                                                   $68,942,208 
                                                                         Medium
                                     9,000
                                    36,000
                                    684,000
                                       0
                                                                        720,000
                                                                   $29,002,680 
                                                                          Large
                                     3,600
                                    28,800
                                    403,200
                                       0
                                                                        432,000
                                                                   $17,571,744 
                                                              Non-manufacturers
                                       
                                       
                                       
                                       
                                       
                                       
                                                                          Small
                                    270,000
                                    540,000
                                   2,160,000
                                       0
                                                                      2,700,000
                                                                  $118,330,200 
                                                                         Medium
                                     6,000
                                    24,000
                                    216,000
                                       0
                                                                        240,000
                                                                    $9,951,120 
                                                                          Large
                                     4,000
                                    24,000
                                    136,000
                                       0
                                                                        160,000
                                                                    $1,505,520 
                                                                       Subtotal
                                       
                                       
                                       
                                       
                                                                      5,755,600
                                                                  $245,303,472 
                                                       GRAND TOTAL (Facilities)
                                       
                                       
                                       
                                       
                                                                      5,800,342
                                                                  $247,162,976 
                                   Exhibit 5
                  Summary of Total Burden and Cost Estimates
                                  Facilities
                                       
                                       
                                       
                                  Total Hours
                                Burden (Hours)
                                      Cost
                                       
                                  Total Cost
                                       
                                       
                                     Labor
                                    Capital
                                    O&M
                                       
Annual
                                   5,800,342
                                 $247,162,976
                                    $55,000
                                  $6,330,300
                                 $253,548,276
Three-Year
                                  17,401,026
                                 $741,488,928
                                   $165,000
                                  $18,990,900
                                 $760,644,828
                                                                               
                                                                               
                                   Exhibit 6
                  Summary of Total Burden and Cost Estimates 
                                SERCs and LEPCs
                                       
                                       
                                       
                                  Total Hours
                                    Burden 
                                    (Hours)
                                     Cost
                                       
                                  Total Cost
                                       
                                       
                                     Labor
                                    Capital
                                    O&M
                                       
Annual
                                    119,002
                                  $4,537,050
                                   $152,000
                                    $56,000
                                  $4,745,050
Three-Year
                                    357,006
                                 $13,611,150 
                                   $456,000 
                                   $168,000 
                                  $14,235,150


                                  Exhibit 7 
                              Total Public Burden
                                       	

Hours
Labor
Capital
O&M
Capital + O&M
Facilities
                                   5,796,252
                                 $250,388,516
                                    $55,000
                                  $6,330,300
                                  $6,385,300
SERCs and LEPCs
                                    119,002
                                  $4,025,210
                                   $152,000
                                    $56,000
                                   $208,000
Annual Total
                                   5,915,254
                                 $254,413,726
                                   $207,000
                                  $6,386,300
                                  $6,593,300
Three-Year Total
                                  17,758,032
                                 $782,322,377
                                  $1,533,000
                                  $19,494,900
                                  $21,027,900

