

[Federal Register: July 21, 2006 (Volume 71, Number 140)]
[Notices]               
[Page 41439-41440]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy06-46]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2006-0361; FRL-8201-4]

 
Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Trade Secret Claims for Emergency 
Planning and Community Right-to-Know Act (EPCRA Section 322) (Renewal); 
EPA ICR No. 1428.07, OMB Control No. 2050-0078

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before August 21, 
2006.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2006-0361, to (1) EPA online using http://www.regulations.gov 

(our

[[Page 41440]]

preferred method), by e-mail to, superfund.docket@epa.gov, or by mail 
to: EPA Docket Center, Environmental Protection Agency, Superfund 
Docket, Mail Code 5305T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460, and (2) OMB by mail to: Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attention: Desk Officer 
for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Solid Waste and 
Emergency Response, Office of Emergency Management, Mail Code 5104A, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-8019; fax number: 
(202) 564-2620; e-mail address: jacob.sicy@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On April 26, 2006, (71 FR 24670), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-SFUND-2006-0361, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Superfund 

Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
is open from 8 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.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the 

index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov as EPA 

receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose public disclosure 
is restricted by statute. For further information about the electronic 
docket, go to http://www.regulations.gov.

    Title: Trade Secret Claims for Emergency Planning and Community 
Right-to-Know Act (EPCRA Section 322) (Renewal).
    ICR number: EPA ICR No. 1428.07, OMB Control No. 2050-0078.
    ICR Status: This ICR is scheduled to expire on October 31, 2006. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: This information collection request pertains to trade 
secrecy claims submitted under section 322 of the Emergency Planning 
and Community Right-to-Know Act of 1986 (EPCRA). EPCRA contains 
provisions requiring facilities to report to State and local 
authorities, and EPA, the presence of extremely hazardous substances 
(described in section 302), inventory of hazardous chemicals (described 
in sections 311 and 312) and manufacture, process and use of toxic 
chemicals (described in section 313). Section 322 of EPCRA allows a 
facility to withhold the specific chemical identity from these EPCRA 
reports if the facility asserts a claim of trade secrecy for that 
chemical identity. The provision establishes the requirements and 
procedures that facilities must follow to request trade secrecy 
treatment of chemical identities, as well as the procedures for 
submitting public petitions to the Agency for review of the 
``sufficiency'' of trade secrecy claims.
    Trade secrecy protection is provided for specific chemical 
identities contained in reports submitted under each of the following 
EPCRA sections: (1) 303(d)(2)--Facility notification of changes that 
have or are about to occur, (2) 303(d)(3)--Local Emergency Planning 
Committee (LEPC) requests for facility information to develop or 
implement emergency plans, (3) 311--Material Safety Data Sheets (MSDSs) 
submitted by facilities, or lists of those chemicals submitted in place 
of the MSDSs, (4) 312--Tier II emergency and hazardous chemical 
inventory forms, and (5) 313--Toxic chemical release inventory forms.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 9.7 
hours per claim. 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 which have subsequently changed; 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.
    Respondents/Affected Entities: Entities potentially affected by 
this action are manufacturers or non-manufacturers subject to reporting 
under sections 303, 311/312 or 313 of the Emergency Planning and 
Community Right-to-Know Act (EPCRA).
    Estimated Number of Respondents: 481.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 4,658.
    Estimated Total Annual Cost: $309,000, includes $0 annualized 
capital or O&M costs and $309,000 annual labor costs.
    Changes in the Estimates: There is an increase of 1,175 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. The total burden hours (annual) has increased 
from the previous ICR due to number of trade secret claim submitters 
increased.

    Dated: July 11, 2006.
Sara Hisel McCoy,
Acting Director, Collection Strategies Division.
 [FR Doc. E6-11611 Filed 7-20-06; 8:45 am]

BILLING CODE 6560-50-P
