1
Statement
Supporting
the
Renewal
of
the
Information
Collection
Procedure
for
Local
Planning
Requirements
and
Facility
Emergency
Release
Notification
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection
Emergency
Planning
and
Release
Notification
Requirements
(
EPCRA
sections
302,
303,
and
304)
(
Renewal)
B
EPA
No.
1395.06,
OMB
Control
No.
2050­
0092.

1(
b)
Short
Characterization
This
information
collection
request
(
ICR)
was
previously
approved
as
OMB
No.
2050­
0092
through
February
28,
2006,
for
212,460
hours.
The
Emergency
Planning
and
Community
Right­
to­
Know
Act
of
1986
(
EPCRA)
established
broad
emergency
planning
and
facility
reporting
requirements.
Section
302
(
40
CFR
355.30)
requires
any
facility
where
an
extremely
hazardous
substance
(
EHS)
is
present
in
an
amount
at
or
in
excess
of
the
threshold
planning
quantity
(
TPQ)
to
notify
the
state
emergency
response
commission
(
SERC)
by
May
17,
1987.
This
activity
has
been
completed;
the
section
302
costs
and
burden
hours
for
this
ICR,
therefore,
reflect
only
the
estimate
of
the
cost
and
burden
incurred
by
those
additional
facilities
who
come
to
have
an
EHS
in
excess
of
the
TPQ
during
the
period
covered
by
this
ICR.
Section
303
(
40
CFR
355.30)
requires
local
emergency
planning
committees
(
LEPCs)
to
prepare
emergency
plans
for
facilities
that
have
EHSs
in
excess
of
the
TPQs
in
their
local
planning
district.
Facilities
are
required
to
provide
local
planners
with
information
necessary
for
the
preparation
of
emergency
plans.
In
addition,
the
facilities
are
required
to
inform
LEPCs
of
any
relevant
changes
in
chemical
use
or
production
that
may
effect
the
emergency
plans.
Section
303
requires
LEPCs
to
complete
their
emergency
plans
by
October
17,
1988.
This
ICR
therefore
reflects
the
costs
attributable
to
the
requirement
of
annually
updating
the
local
emergency
response
plans.

Section
304
(
40
CFR
355.40)
requires
facilities
to
report
to
SERCs
and
LEPCs
releases
in
excess
of
quantities
established
by
EPA.
Facilities
are
required
to
report
releases
above
the
reportable
quantity
(
RQ)
of
any
EHS
or
other
hazardous
substance,
as
identified
under
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
of
1980
(
CERCLA)
section
101.
Notice
of
release
must
be
given
to
both
the
LEPC
and
SERC.
In
addition,
facilities
must
provide
a
written
follow­
up
report
providing
additional
information
on
the
release,
its
impacts,
and
any
actions
taken
in
response.

EPA
estimates
that
76,916
facilities
(
19,998
manufacturers
and
56,918
non­
manufacturers)
are
subject
to
reporting
under
EPCRA
section
302
and
3,456
SERCs
and
LEPCs
are
subject
to
section
303.
EPA
estimates
that
approximately
4,443
release
notifications
are
made
annually
under
section
304.
The
total
burden
to
facilities
over
the
three
year
information
collection
period
is
estimated
to
be
229,473
hours
(
76,491
hours
annually),
at
a
cost
of
$
11.1
million
$(
3.7
million
annually),
with
an
associated
state
and
local
burden
of
320,568
hours
(
106,856
hours
annually),
at
a
cost
of
$
8.1
million
(
2.7
million
annually).
The
combined
total
annual
burden
for
facilities
and
state
and
local
agencies
is
183,347
hours
at
a
cost
of
$
6.4
million.
No
Agency
burden
is
estimated
in
association
with
this
ICR.
2
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
The
authority
for
these
requirements
is
EPCRA
sections
302,
303,
and
304
(
42
U.
S.
C.
'
11002,
11003,
and
11004).

Section
302
of
EPCRA
required
the
EHS
list
to
be
"
the
same
list
as
the
list
published
in
November
1985
by
the
Administrator
in
Appendix
A
of
the
 
Chemical
Emergency
Preparedness
Program
Interim
Guidance'."
The
section
further
required
EPA
to
"
publish
an
interim
final
regulation
establishing
a
threshold
planning
quantity
for
each
substance
on
the
list..."
If
EPA
failed
to
publish
the
interim
final
rule,
"
the
threshold
planning
quantity
for
the
substance
shall
be
2
pounds
until
such
time
as
the
Administrator
publishes
regulations
establishing
a
threshold
for
the
substance."

The
interim
final
rule
was
published
in
the
Federal
Register
on
November
17,
1986
(
51
FR
41570),
followed
by
a
final
rule
published
on
April
22,
1987
(
52
FR
13378).
The
EHS
list
consisted
at
that
time
of
406
chemicals,
and
the
TPQs
ranged
from
one
pound
to
ten
thousand
pounds.
There
are
currently
355
chemicals
on
the
EHS
list.

The
EHS
list
along
with
the
TPQs
is
used
to
designate
facilities
for
initial
screening
for
the
local
emergency
planning
process.
Section
303
of
EPCRA
requires
facilities
that
have
to
provide
the
notification
under
section
302
to
designate
a
facility
coordinator
to
the
LEPC
and
to
"
promptly
provide
information
to
[
the
LEPC]
necessary
for
developing
and
implementing
the
emergency
plan."
In
this
manner,
the
LEPC
determines
the
potential
scope
of
a
response
and,
therefore,
the
amount
of
effort
necessary
for
emergency
planning.
The
LEPC
will
review
its
plan
annually
and
incorporate
any
changes
or
additions.
These
emergency
plans
increase
the
local
response
and
preparedness
capability
by
allowing
local
planners
to
work
with
industry
in
their
community,
to
determine
the
level
of
preparedness
necessary
for
a
response
if
a
release
should
occur.

Under
section
304,
respondents
are
required
to
notify
the
LEPC
and
SERC
of
releases
of
EHSs
or
hazardous
substances
(
as
identified
under
CERCLA
section
101)
above
the
reportable
quantity.
The
purpose
of
the
reporting
is
to
allow
response
agencies
to
determine
whether
their
assistance
is
needed
in
handling
the
response
action.
The
facility
must
provide
a
written
follow­
up
report.

2(
b)
Practical
Utility/
Users
of
the
Data
The
information
provided
by
facilities
under
sections
302,
303,
and
304
is
provided
to
the
SERCs
and
LEPCs.
Individuals
can
obtain
the
information
by
contacting
the
SERCs
and
LEPCs.
The
information
provided
under
sections
302
and
303
is
used
to
increase
the
community's
level
of
preparedness
to
respond
to
releases
of
chemicals
in
their
community.
The
information
is
also
made
available
to
the
public
to
allow
individuals
to
practice
their
"
right­
to­
know"
about
the
hazards
posed
by
chemicals
in
their
community.

The
information
provided
under
section
304
is
the
trigger
to
activate
the
community's
chemical
emergency
response
system.
The
written
follow­
up
report
is
to
update
and
clarify
the
information
provided
in
the
initial
call.
It
is
also
made
available
to
the
public
so
that
the
community
can
understand
what
happened
during
the
release.
3
3.
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
Currently,
there
are
no
federal
reporting
requirements
comparable
to
sections
302,
303,
and
304
of
EPCRA.
Release
reporting
under
CERCLA
section
103
is
an
emergency
notification
to
the
National
Response
Center
(
NRC),
while
release
reporting
under
section
304
is
directly
to
local
and
state
entities.
The
follow­
up
report
required
under
section
304
is
also
unique.

3(
b)
Consultations
EPA
talked
with
the
following
representatives
of
SERCs
to
obtain
estimates
of
the
number
of
facilities
subject
to
the
rule:

Ray
Dinardo
Carole
Dougherty
Steve
Mason
EPA
Region
1
EPA
Region
3
EPA
Region
6
Martha
Wolfe
Ted
Mix
Dan
Roe
EPA
Region
8
EPA
Region
10
AZ
SERC
3(
c)
Public
Notice
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.
),
the
Agency
notified
the
public
through
a
Federal
Register
notice
on
the
re­
submission
of
this
ICR
on
September
12,
2005
(
70
FR
53793).
EPA
received
only
one
comment.

The
commenter
raised
two
issues.
The
first
issue
raised
by
the
commenter
is
related
to
the
proposed
rule
on
Administrative
Reporting
Exemption
for
Certain
Air
Releases
of
Nox
(
NO
and
NO2),
October
4,
2005
(
70
FR
57813).
Commenter
stated
that
this
ICR
should
be
adjusted
to
consider
the
impact
of
this
rule
on
the
regulated
community.

EPA
recognizes
that
once
the
rule
is
finalized
there
will
be
some
reduction
in
burden
to
those
facilities
that
fall
under
the
exemption.
Until
the
rule
is
finalized,
the
Agency
cannot
account
for
the
reduction
in
burden
in
this
ICR.

The
second
issue
raised
by
the
commenter
was
that
the
Agency
did
not
use
updated
wage
rates
for
private
industries.
Note
that
the
Agency
revised
this
ICR
by
using
the
wage
rates
stated
in
the
U.
S.
Bureau
of
Labor
Statistics,
March
2005
edition.

3(
d)
Effects
of
Less
Frequent
Collection
The
reporting
deadlines
for
sections
302,
303,
and
304
are
set
by
statute.
EPA
has
no
authority
to
allow
less
frequent
collection.

3(
e)
General
Guidelines
The
collection
activities
specified
in
this
renewal
ICR
adhere
to
the
guidelines
specified
by
OMB.
4
3(
f)
Confidentiality
The
respondent
may
claim
specific
chemical
identities
as
trade
secret
in
the
notification
to
LEPC
on
information
for
developing
and
implementing
the
emergency
response
plan,
under
Section
303(
d)(
2)
and
(
d)(
3).
Such
information
must
be
submitted
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,
312
and/
or
313
of
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA).
These
procedures
were
developed
expressly
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
EPCRA
confidential.

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

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
Codes
Sections
302,
303,
and
304
are
applicable
to
all
facilities
that
either
have
present
or
release
the
regulated
substances.
These
sections
apply
to
facilities
in
both
the
manufacturing
and
non­
manufacturing
sectors.
EPCRA,
as
written,
does
not
apply
to
federal
facilities.
However,
Executive
Order
12856
requires
all
federal
agencies
to
comply
with
the
law.

Facilities
in
the
following
major
group
of
NAICS
codes
may
be
subject
to
either
or
both
implementing
regulations
under
EPCRA
section
302
and
304.
There
may
be
other
facilities
covered
by
these
regulations,
but
not
listed.
Major
group
that
may
be
subject
are:
11
(
Agriculture,
Forestry,
Fishing
and
Hunting),
22
(
Utilities),
31­
33
(
Manufacturing),
43
(
Wholesale
Trade
),
44­
45
(
Retail
Trade),
48­
49
(
Transportation
and
Warehousing).

4(
b)
Information
Requested
4(
b)(
i)
Data
Items
Facilities
newly
subject
to
section
302
must
notify
their
SERC
and
LEPC
of
their
reporting
obligation.
Under
section
303,
the
facility
must
designate
a
coordinator
and
provide
"
information
to
(
the
LEPC)
necessary
for
developing
and
implementing
the
(
LEPC's)
emergency
plan."
The
amount
of
information
necessary
to
fulfill
this
requirement
is
determined
by
the
facility
and
the
LEPC.
If
a
facility
5
has
very
low
likelihood
of
having
a
release
that
would
impact
the
community,
the
LEPC
would
probably
require
very
little
information
for
emergency
planning.
However,
if
the
facility
is
a
large
chemical
plant
or
is
in
close
proximity
to
a
populated
area,
the
LEPC
most
likely
will
develop
extensive
planning
(
especially
if
the
facility
is
anticipating
an
offsite
response).
Information
requested
for
the
plan
would
likely
include:

C
Names,
hazards,
quantities,
and
storage
information
for
hazardous
chemicals
on­
site;

C
Methods
and
procedures
to
be
followed
by
facility
owners
and
operators
to
respond
to
a
release;

C
Description
of
emergency
equipment;

C
Methods
for
determining
the
occurrence
of
a
release,
and
the
area
or
population
likely
to
be
affected
by
the
release;
and
C
Procedures
to
provide
reliable,
effective,
and
timely
notification.

LEPCs
were
required
to
have
their
plans
completed
by
October
17,
1988.
Therefore,
only
facilities
newly
subject
to
these
requirements
would
have
to
provide
this
information.
Facilities
already
subject
would
only
have
to
update
the
LEPC
if
the
information
that
they
have
already
provided
changes.

Under
section
304,
respondents
are
required
to
notify
the
LEPC
and
SERC
of
releases
of
EHSs
or
hazardous
substances
(
as
identified
in
CERCLA
section
101)
above
the
reportable
quantity.
The
notice
must
include
the
following
information,
to
the
extent
that
it
is
known:

C
The
chemical
name
or
identity
of
any
substance
involved
in
the
release;

C
An
indication
of
whether
the
substance
is
on
the
list
of
EHSs;

C
An
estimate
of
the
quantity
of
any
such
substance
that
was
released
into
the
environment;

C
The
time
and
duration
of
the
release;

C
The
medium
or
media
into
which
the
release
occurred;

C
Any
known
or
anticipated
acute
or
chronic
health
risks
associated
with
the
emergency
and,
where
appropriate,
advice
regarding
medical
attention
necessary
for
exposed
individuals;

C
Proper
precautions
to
take
as
a
result
of
the
release,
including
evacuation
(
unless
such
information
is
readily
available
to
the
community
emergency
coordinator
pursuant
to
the
emergency
plan);
and
C
The
name
and
telephone
number
of
the
person
or
persons
to
be
contacted
for
further
information.
6
The
facility
must
provide
a
written
follow­
up
report
that
includes
the
information
above
and
any
updates.
Also,
additional
information
must
be
given:

C
Actions
taken
to
respond
to
and
contain
the
release;

C
Any
known
or
anticipated
acute
or
chronic
health
risks
associated
with
the
release;
and
C
Where
appropriate,
advice
regarding
medical
attention
necessary
for
exposed
individuals.

4(
b)(
ii)
Respondent
Activities
To
determine
if
a
facility
is
subject
to
section
302,
the
facility
would
need
to
review
the
EHS
list
to
determine
if
it
has
any
of
the
355
chemicals
on­
site.
The
facility
would
then
need
to
look
at
the
inventory
of
any
EHSs
it
may
have
on­
site
and
compare
it
to
the
TPQ.
If
the
facility
has
an
EHS
above
the
TPQ,
the
facility
would
need
to
contact
(
preferably
in
writing)
their
SERC
and
LEPC
to
notify
them
of
their
reporting
obligation.

To
comply
with
section
303,
the
designated
facility
coordinator
would
have
to
work
with
the
LEPC
to
ensure
that
the
community
has
an
adequate
plan
to
respond
to
emergencies
that
would
involve
their
facility.
Facility
coordinators
may
be
asked
to
serve
as
an
industry
representative
to
the
LEPC.

To
comply
with
section
304,
the
facility
would
need
to
determine,
when
an
EHS
or
a
CERCLA
hazardous
substance
is
being
released,
if
the
quantity
of
the
chemical
released
is
greater
than
the
reportable
quantity;
this
information
needs
to
be
provided
in
the
initial
telephone
notification
to
the
SERC
and
LEPC.
The
material
safety
data
sheet
(
MSDS)
or
other
information
that
the
facility
has
would
provide
the
health
risks
and
medical
information,
as
well
as
response
information.

The
written
follow­
up
notice
needs
to
be
filed
"
as
soon
as
practical
after
a
release."
This
notice
documents
and
updates
the
information
provided
in
the
initial
notification.
Because
the
initial
notification
should
be
provided
immediately
after
the
discovery
of
the
release,
the
written
follow­
up
notice
allows
the
facility
more
time
to
determine
with
greater
precision
the
information
provided
in
the
initial
notification.
The
facility
may
include
a
copy
of
their
own
internal
report
of
the
circumstances
of
the
accident.

5.
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
No
information
provided
under
sections
302,
303,
and
304
is
sent
to
EPA.
All
of
the
information
is
kept
at
the
state
or
local
level.

5(
b)
Collection
Methodology
and
Management
EPA
does
not
receive
the
data;
therefore,
EPA
does
not
have
any
special
data
collection
methodology
and
management.
However,
to
assist
SERCs
and
LEPCs
in
their
information
management
practices
and
emergency
planning,
EPA
and
the
National
Oceanic
and
Atmospheric
Administration
have
created
the
Computer
Aided
Management
of
Emergency
Operations
(
CAMEO)
database.
7
5(
c)
Small
Entity
Flexibility
There
are
no
special
allowances
made
for
small
businesses
in
the
regulations
for
sections
302,
303,
and
304.
The
burden
hours
for
small
businesses
are
considered
to
be
smaller
than
those
for
large
facilities
because
of
the
reduced
number
of
chemicals
and
processes
present
at
smaller
facilities.

5(
d)
Collection
Schedule
The
frequency
of
collection
for
these
sections
of
EPCRA
is
required
by
statute.
Facilities
are
required
to
report
any
relevant
changes
when
they
occur.
Under
section
304,
releases
of
EHSs
and
CERCLA
hazardous
substances
in
excess
of
the
reportable
quantity
must
be
reported
"
immediately"
after
the
owner/
operator
has
knowledge
that
they
occurred.
The
written
follow­
up
notice
is
required
"
as
soon
as
practicable
after
the
release."

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
COLLECTION
6(
a)
Estimating
Respondent
Burden
EPA
estimated
the
respondent
burden
hours
and
costs
associated
with
all
recordkeeping
and
reporting
requirements
covered
in
EPCRA
sections
302,
303,
and
304.
Unit
burden
and
costs
were
estimated
by
labor
category
required
for
each
of
the
tasks
performed
by
facilities
under
40
CFR
Part
355,
and
tasks
performed
by
LEPCs
and
SERCs
under
40
CFR
Part
355
and
40
CFR
Section
300.215.

The
previous
ICR
estimated
that
71,400
facilities
were
subject
to
the
requirements
of
EPCRA
section
302.
In
preparing
that
ICR,
EPA
contacted
seven
states
listed
under
3(
b)
to
obtain
data
on
the
actual
number
of
facilities
reporting
under
sections
302
and
303.

In
developing
this
ICR,
EPA
estimated
that
76,916
facilities
are
subject
to
EPCRA
302
notification
requirements.
For
purposes
of
comparison,
EPA
used
a
strictly
population­
based
extrapolation
and
found
that
80,664
facilities
would
be
subject
to
such
notification
requirements.
In
calculating
the
facilities
number
of
76,916
that
is
employed
in
this
ICR,
EPA
used
reported
regional­
and
state­
level
data
to
determine
missing
data
for
EPA
regions
IV,
V,
and
VII
where
such
information
was
lacking.
The
following
methodology
was
used:
EPA
determined
correlating
factors
that
may
demonstrate
similarities
or
dissimilarities
in
the
number
of
facilities
in
different
regions.
These
included
both
a
measure
of
manufacturing
per
capita
(
i.
e.,
manufacturing
density)
and
an
assessment
of
agricultural
land
use
(
i.
e.,
agricultural
density)
for
states
and
regions.
Using
the
reported
data
for
each
state
and
region,
EPA
gathered
population
data
by
state
from
the
2004
U.
S.
Census
to
determine
the
ratio
of
EPCRA
facilities
per
capita
(
i.
e.,
facilities
density)
for
both
states
and
regions.
Due
to
the
limited
number
of
statelevel
EPCRA
facilities
data
points,
EPA
determined
that
a
more
accurate
conclusion
would
result
by
making
comparisons
at
the
regional
level
(
where
more
data
was
available).
These
comparisons
were
based
both
on
manufacturing
density
and
agricultural
density
to
find
regions
that
were
most
similar.
Finally,
the
ratio
if
EPCRA
facilities
per
capita
was
used
to
extrapolate
the
total
number
of
such
facilities
in
the
regions
lacking
data.
8
EPA
estimates
that
approximately
26
percent
of
these
facilities
are
manufacturers
(
19,998),
based
on
the
total
estimated
number
of
manufacturers
and
non­
manufacturers
subject
to
sections
311
and
312.1
An
annual
growth
factor
of
­.
67
percent
is
applied
to
the
number
of
manufacturers
to
yield
an
estimated
19,864
manufacturing
facilities
that
are
subject
to
EPCRA
section
302
requirements
as
of
the
first
year
of
the
ICR­
approval
period.
2
In
this
ICR,
the
number
of
non­
manufacturers
is
estimated
to
remain
constant,
at
56,918
facilities.
These
estimates
are
used
as
the
basis
for
calculating
the
total
annual
burden
and
cost
estimates
for
each
of
the
three
years
covered
by
this
ICR.
It
is
important
to
note,
however,
that
initial
reporting
burdens
for
these
facilities
under
EPCRA
sections
302
are
assumed
to
have
occurred
and
are
not
included
in
this
ICR.
This
ICR
accounts
for
periodic
reporting
activities
that
apply
to
all
currently
regulated
facilities.
We
do
not
expect
any
new
facilities
to
be
in
compliance
during
this
ICR
period
based
on
the
most
recent
census
data.

The
number
of
notifications
under
section
304
was
based
on
the
number
of
reports
of
hazardous
substance
releases
reported
to
the
National
Response
Center
in
2004,
approximately
4,443.
(
This
estimate
does
not
include
reports
on
substances
that
are
not
subject
to
reporting
requirements.)

Exhibit
1
presents
the
estimated
unit
burden
by
labor
category
required
for
each
of
the
tasks
performed
by
facilities
under
40
CFR
Part
355,
and
tasks
performed
by
LEPCs
and
SERCs
under
40
CFR
Section
300.215.

Read
and
Understand
Regulations
EPA
assumes
that
only
newly
regulated
facilities
incur
the
cost
of
reading
and
understanding
regulations
at
40
CFR
Part
355.
As
explained
above,
we
do
not
expect
any
new
facilities
to
come
into
compliance
in
the
period
covered
by
this
ICR
based
on
the
most
recent
census
data.
Therefore,
EPA
did
not
estimate
any
burden
for
this
activity
for
new
facilities.
All
currently
regulated
facilities
are
already
familiar
with
the
regulations
and
the
burden
for
this
activity
was
estimated
in
previous
ICRs.

Emergency
Planning
by
Facilities
(
40
CFR
355.30)

All
newly
regulated
facilities
must
first
determine
whether
they
have
at
least
a
threshold
planning
quantity
of
an
EHS.
All
newly
regulated
facilities
are
required
to
notify
the
SERC
and
designate
a
facility
representative.

Because
few
facilities
have
significant
changes
that
would
affect
emergency
planning,
EPA
estimates
that
only
ten
percent
of
all
subject
facilities
will
be
required
to
inform
LEPCs
of
any
changes
at
the
facility.
In
addition,
because
little
information
is
required
from
facilities
after
the
initial
submittal,
EPA
also
estimates
that
only
five
percent
of
all
subject
facilities
will
provide
additional
information
to
LEPCs
either
to
develop
or
implement
emergency
plans.
The
burden
associated
with
providing
local
governments
with
updated
information
for
planning
purposes
is
assumed
to
be
a
small
percentage
of
the
1
EPA
previously
estimated
that
only
nine
percent
of
the
universe
was
manufacturers,
based
on
a
ratio
of
manufacturers
to
nonmanufacturers
in
the
EPCRA
section
311/
312
universe.
The
number
of
non­
manufacturers,
however,
included
a
large
number
of
facilities
that
are
subject
to
311/
312
solely
because
of
their
production
or
storage
of
petroleum
products,
which
are
not
subject
to
section
302.
With
these
facilities
removed
from
the
non­
manufacturing
universe
of
311/
312,
the
ratio
of
manufacturers
to
the
total
311/
312
universe
is
26
percent.
2
To
develop
this
estimate,
EPA
reviewed
the
most
recent
U.
S.
Census
data
on
the
number
of
manufacturing
establishments.
The
summary
data
provided
by
the
Census
for
changes
in
the
number
of
manufacturers
between
1997
and
2002
was
then
calculated
using
the
formula
for
compounded
annual
growth,
arriving
at
an
annual
growth
rate
of
­.
67
percent.
This
annual
growth
rate
has
been
used
to
determine
the
current
number
of
manufacturing
facilities.
9
initial
burden
for
contributing
to
planning
efforts.
EPA
assumes
that
a
burden
of
17.65
hours
are
incurred
per
new
respondent
for
emergency
planning.
(
See
Exhibit
1).
Emergency
Release
Notification
by
Facilities
(
40
CFR
355.40)

The
number
of
annual
reportable
quantity
(
RQ)
releases
based
on
the
number
of
CERCLA
hazardous
substance
releases
reported
in
the
National
Response
Center
for
2004,
approximately
4,443.
EPA
estimates
90
percent
of
RQ
releases
require
notifying
LEPCs
and
SERCs,
and
10
percent
require
notifying
the
911
operator.
All
reportable
releases
require
a
written
follow­
up
report.

For
a
previous
ICR,
EPA
contacted
four
industries
(
small
to
large
size,
see
Section
3(
b)
of
this
document),
to
determine
the
actual
burden
incurred
to
comply
with
initial
notification
and
written
followup
requirements
in
Section
304
of
EPCRA.
The
average
estimate
from
facilities
closely
matched
to
EPA=
s
estimate.
The
burden
per
respondent
for
initial
notification
is
approximately
0.50
hours,
for
written
follow­
up,
it
is
approximately
4.35
hours.
10
Exhibit
1
Section
302,
303,
and
304
Reporting
and
Recordkeeping
Requirements
Estimated
Unit
Burden
and
Cost
Annual
Hours
Burden
Total
Hours
Information
Collection
Activity
Legal
Management
Technical
Clerical
Burden
Annual
Cost
EMERGENCY
PLANNING
(
355.30)
(
Facilities)

Inform
LEPC
of
changes
to
facility
that
may
affect
emergency
planning
0.00
0.00
1.00
0.50
1.50
$
50
Provide
information
to
LEPC,
as
required
0.00
2.00
8.00
1.00
11.00
$
527
EMERGENCY
RELEASE
NOTIFICATION
(
355.40)
(
Facilities)

Determine
if
release
is
an
RQ
0.00
0.10
0.10
0.00
0.20
$
14
Notify
LEPC
and
SERC
of
any
RQ
release
0.00
0.50
0.00
0.00
0.50
$
48
Develop
and
submit
written
follow­
up
notice
0.50
0.65
2.25
0.95
4.35
$
230
Notify
911
operator
of
transportation­
related
releases
0.00
0.25
0.00
0.00
0.25
$
24
EMERGENCY
RESPONSE
PLANS
(
300.215)
(
SERCs,
LEPCs,
and
RRTs)

Update
Emergency
Response
Plans
(
LEPCs)
0.00
5.00
15.00
1.00
21.00
$
822
Review
Emergency
Response
Plans
(
SERCs)
0.00
4.00
12.00
0.00
16.00
$
642
Keep
records
and
make
them
available
to
the
public
0.00
0.00
0.00
10.00
10.00
$
199
11
Emergency
Response
Plan
Development
by
SERCs
and
LEPCs
(
40
CFR
300.215)

Emergency
Response
Plans
must
be
reviewed
and
updated
annually.
EPA
estimates
that
SERCs
review
all
LEPC
plans
over
a
three­
year
period.
There
are
approximately
3,400
LEPCs.
Based
on
information
from
LEPCs,
the
time
required
to
update
plans
varies
from
4
hours
a
year
to
40
to
60
hours.
To
develop
an
estimate,
EPA
assumed
that
the
largest
120
LEPCs
would
spend
40
hours
a
year
and
the
smaller
LEPCs
would
spend
20
hours
a
year;
a
weighted
average
of
21
hours
was
obtained
for
the
recordkeeping
burden
to
keep
records
of
all
Emergency
Response
Plans.
Similarly,
a
weighted
average
was
developed
for
recordkeeping
associated
with
release
reports.
The
LEPC
with
a
large
concentration
of
chemical
plants
indicated
that
it
spent
a
month
on
release
notification;
the
other
LEPCs
indicated
that
this
activity
took
five
hours
a
year
at
most.
A
weighted
average
of
10
hours
was
developed
for
the
annual
burden
for
each
of
the
LEPCs
(
3400)
and
SERCs
(
56).

6(
b)
Estimating
Respondent
Costs
Estimating
costs
to
respondents
on
an
annual
basis
is
accomplished
by
multiplying
the
respondent
burden
estimates
for
each
labor
category
by
the
corresponding
labor
rate
for
that
category.
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
$
129.29
for
managerial
staff,
$
39.97
for
technical
staff,
and
$
23.38
for
clerical
staff,
including
wages
and
benefits.
Hourly
respondent
labor
costs
for
non­
manufacturing
facility
respondents
are
estimated
at
$
84.26
for
managerial
staff,
$
38.78
for
technical
staff,
and
$
22.19
for
clerical
staff.
Legal
review
is
estimated
at
$
116.17
and
$
112.49
per
hour
for
manufacturing
and
non­
manufacturing
facilities
respectively.
3
A
weighted
average
was
developed
based
on
the
percentage
of
manufacturing
and
non­
manufacturing
facilities.

EPA
estimates
an
hourly
respondent
labor
cost
(
including
overhead)
for
LEPCs
and
SERCs
of
$
40.27
for
managerial
staff,
$
40.11
for
technical
staff,
and
$
19.89
for
clerical
staff.
4
Total
burden
hours
and
costs
for
the
first
year
of
the
ICR
are
shown
in
Exhibit
2.

Capital
and
O&
M
Costs
Capital
costs
incurred
by
state
and
local
agencies
were
estimated
in
the
previous
ICR.
Capital
costs
include
the
cost
of
space
required
to
store
information
in
filing
cabinets.
Life
expectancy
for
file
cabinets
were
assumed
to
be
15
years.
Therefore,
the
Agency
did
not
develop
any
cost
for
this.

3
U.
S.
Bureau
of
Labor
Statistics,
Employer
Cost
for
Employee
Compensation,
Table
12:
Private
Manufacturing
and
Nonmanufacturing
Industries,
March
2005.

4
Fringe
rate
from
U.
S.
Bureau
of
Labor
Statistics,
Employer
Cost
for
Employee
Compensation,
Table
4:
State
and
local
Government
By
Occupational
and
Industry
Group,
March
2005.
12
Operating
and
maintenance
costs
are
limited
to
mailing
costs.
Facilities
are
assumed
to
incur
postage
costs
for
the
following
activities:

$
Providing
information
to
the
LEPC
as
required
$
submitting
written
follow­
up
notice
(
assume
about
4
pages
per
report)

Facilities
are
expected
to
incur
long
distance
charges
when
notifying
SERCs.
This
estimate
affects
notification
of
the
SERC
of
any
RQ
release.
Long
distance
charges
are
estimated
to
be
$
3.50
per
fifteen­
minute
call.

State
and
local
governments
are
assumed
to
incur
postage
costs
for
the
following
activities:

$
Submitting
Emergency
Response
Plans
for
review
(
SERCs)

$
Submitting
Emergency
Response
Plans
as
requested
by
SERCs
to
federal
regional
response
teams
for
review
Postage
is
estimated
to
cost
$
0.37
for
a
first
class
letter
and
$
3.10
to
submit
a
LEPC
plan
(
plan
is
up
to
500
pages
and
weighs
up
to
5
pounds).

Operation
and
maintenance
costs
are
shown
in
Exhibit
3.

6(
c)
Estimating
Agency
Burden
and
Cost
EPA
estimates
no
annual
Agency
burden
associated
with
this
ICR.
Only
state
and
local
government
entities
are
required
to
comply
with
sections
302,
303,
and
304
of
EPCRA.

6(
d)
Estimating
Total
Annual
Respondent
Burden
and
Costs
Exhibit
2
presents
the
respondent
burden
for
each
information
collection
activity
and
for
the
sum
of
all
information
collection
activities
performed
by
each
respondent
type.
The
total
average
annual
burden
to
facility
respondents
is
76,491
hours
at
a
cost
of
$
3.7
million
(
or
229,473
hours
at
a
cost
of
$
11.1
million
for
three
years).
The
total
average
annual
respondent
burden
for
state
and
local
governments
is
106,856
hours
at
a
cost
of
$
2.7
million
(
or
320,568
hours
at
a
cost
of
$
8.1
million
for
three
years).
These
burden
estimates
are
summarized
in
Exhibit
2.

6(
e)
Bottom
Line
Burden
Hours
and
Cost
The
total
burden
to
facilities
over
the
three
year
information
collection
period
is
estimated
to
be
229,473
hours
(
76,491
hours
annually),
at
a
cost
of
$
11.1
million
$(
3.7
million
annually),
with
an
associated
state
and
local
burden
of
320,568
hours
(
106,856
hours
annually),
at
a
cost
of
$
8.1
million
(
2.7
million
annually).
The
combined
total
annual
burden
for
facilities
and
state
and
local
agencies
is
183,347
hours
at
a
cost
of
$
6.4
million.

6(
f)
Reasons
for
Change
in
Burden
13
Based
on
the
information
received
from
SERCs/
LEPC
and
the
most
recent
data
from
the
census,
the
number
of
annual
respondents
increased
slightly
from
the
previous
ICR.
The
estimated
average
annual
burden
to
facilities
decreased
from
88,188
hours
per
year
under
the
previous
ICR
to
76,491
hours
per
year
under
this
ICR.
The
estimated
burden
to
affected
facilities
has
declined
from
the
previous
ICR
because
no
new
facilities
will
be
subject
to
the
regulations
during
this
ICR
period.
Therefore,
the
burden
or
costs
were
not
calculated
for
compliance
for
new
facilities.
Costs
have
risen
for
currently
covered
facilities
because
we
used
the
most
recent
wage
rates
(
March
2005).
The
estimated
average
burden
for
SERCs
and
LEPCs
decreased
from
124,272
hours
to
106,856
hours
because
the
number
of
plans
reviewed
by
SERCs
annually
has
been
reduced
based
on
information
from
states
that
indicate
that
the
level
of
review
has
declined
from
the
early
years
of
the
program.
The
O&
M
costs
in
the
previous
ICR
are
in
error.
This
ICR
reflects
the
correct
costs
and
an
increase
is
noted
due
to
an
increase
in
the
number
of
respondents.

6(
g)
Burden
Statement
As
explained
in
the
previous
sections
of
this
document,
EPA
do
not
expect
any
new
facilities
to
come
into
compliance
during
this
ICR
period.
This
ICR
only
covers
periodic
reporting
or
updates
of
information
submitted
previously
by
existing
facilities.
The
average
reporting
burden
for
a
limited
number
of
existing
facilities,
to
inform
the
LEPC
of
any
changes
at
the
facility
that
may
affect
emergency
planning
is
1.50
hours.
The
average
reporting
burden
for
facilities
reporting
releases
under
40
CFR
355.40
is
estimated
to
average
approximately
5
hours
per
release,
including
the
time
for
determining
if
the
release
is
a
reportable
quantity,
notifying
the
LEPC
and
SERC,
or
the
911
operator,
and
developing
and
submitting
a
written
follow­
up
notice.
There
are
no
record
keeping
requirements
for
facilities
under
EPCRA
Sections
302­
304.
The
total
burden
to
facilities
over
three
years
is
229,473
hours
at
a
cost
of
$
11.1
million.

The
average
burden
for
emergency
planning
activities
is
21
hours
per
plan
for
LEPCs,
and
16
hours
per
plan
for
SERCs.
Each
SERC
and
LEPC
is
also
estimated
to
incur
an
annual
record
keeping
burden
of
10
hours.
The
total
burden
to
LEPC
and
SERC
over
three
years
is
320,568
hours
at
a
cost
of
$
8.1
million.

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.
14
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
2005­
0008,
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
Superfund
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
2005­
0008
and
OMB
Control
Number
2050­
0092
in
any
correspondence.
15
Exhibit
2
Section
302,
303,
and
304
Reporting
and
Recordkeeping
Requirements
Estimated
First
Year
Total
Burden
and
Cost
Number
of
Annual
Hours
Burden
Total
Hours
Information
Collection
Activity
Respondents
Legal
Management
Technical
Clerical
Burden
Annual
Cost
RULE
FAMILIARIZATION
(
Facilities)

Read
and
understand
regulations
at
40
CFR
Part
355
0
0
0
0
0
0
Subtotal
­
­
­
­
­
0
0
EMERGENCY
PLANNING
(
355.30)
(
Facilities)

Calculate
if
chemicals
meet/
exceed
TPQ
0
0
0
0
0
0
0
Notify
SERC
that
facility
is
subject
to
emergency
planning
0
0
0
0
0
0
0
Designate
facility
representative
and
notify
LEPC
0
0
0
0
0
0
0
Inform
LEPC
of
facility
changes
that
may
affect
emer.
Planning
7,692
0
0
7,692
3,846
11,538
$
387,208
Provide
information
to
LEPC,
as
required
3,846
7,692
30,768
3,846
42,306
$
2,027,420
Subtotal
53,844
$
2,414,628
EMERGENCY
RELEASE
NOTIFICATION
(
355.40)
(
Facilities)

Determine
if
release
is
an
RQ
4,936
0
494
494
0
987
$
66,664
Notify
LEPC
and
SERC
of
any
RQ
release
4,443
0
2,222
0
0
2,222
$
213,192
Develop
and
submit
written
follow­
up
notice
4,443
2,222
2,888
9,997
4,221
19,327
$
1,020,955
Notify
911
operator
of
transportation­
related
releases
444
0
111
0
0
111
$
10,660
Subtotal
22,647
$
1,311,472
Total
(
Facilities)
76,491
$
3,726,100
EMERGENCY
RESPONSE
PLANS
(
300.215)
(
SERCs,
LEPCs,
and
RRTs)

Update
Emergency
Response
Plans
(
LEPCs)
3,400
0
17,000
51,000
3,400
71,400
$
2,797,826
Review
Emergency
Response
Plans
(
SERCs)
56
0
224
672
0
896
$
35,974
Keep
records
and
make
them
available
to
the
public
3,456
0
0
0
34,560
34,560
$
687,398
Total
(
SERCs
and
LEPCs)
106,856
$
3,521,199
16
Exhibit
3
Capital/
Start­
up
and
O&
M
Costs
(
Annual)
Facilities,
SERCs
and
LEPCs
Activity
Capital/
Start­
up
Costs
O
&
M
Costs
Provide
information
to
LEPC,
as
required
­­
$
1423
Notify
LEPC
and
SERC
of
any
RQ
release
­­
$
13,995
Develop
and
submit
written
follow­
up
notice
­­
$
1,644
Review
Emergency
Response
Plans
­­
$
10,540
Total
­­
$
27,602
17
Exhibit
4
Summary
of
Total
Annual
Burden
and
Cost
Estimates
Burden
Hours
Labor
O
&
M
Facilities
76,491
$
3,726,100
$
17,062
SERCs
and
LEPCs
106,856
$
2,674,982
$
10,540
Total
183,347
$
6,401,082
$
27,602
