Community Right-to-Know Reporting Requirements (EPCRA Sections 311 and 312

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
138892	Community Right-to-Know Reporting Requirements (EPCRA Sections 311 and 312 Form	Migrated

ICR Details

OMB Control No: 2050-0072	ICR Reference No: 199506-2050-003
Status: Historical Active	Previous ICR Reference No: 198908-2050-004
Agency/Subagency: EPA/OLEM	Agency Tracking No:
Title: Community Right-to-Know Reporting Requirements (EPCRA Sections 311 and 312
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/29/1995
	Date Received in OIRA: 06/30/1995
Terms of Clearance: This ICR for the third party notification requirements of EPCRA 311 and 312 is approved until 1/97. EPA should seek public comment on the burden estimates including methodologies used from respondents. In particular, EPA shall disaggregate burden estimates for Tier II filers that (1) file identical information each year, (2) provide revised, new or complex information. This latter group may be further subdivided based on different size or type (SIC code, manufacturing, non-manufacturing) to give a clear indication of the variability in burden. In addition, EPA should examine its assumption that the rate of growth for the manufac- turing sector is the same (1.4%) as the non-manufacturing sector. EPA also assumes that 5% of facilities submit MSDS/updates year- ly (page 9) without providing adequate justification. A better rationale is needed. EPA assumes responding to public requests takes only about 10 minutes. EPA shall seek comment from MSDS providers to determine if this estimate needs to be revised. EPA may seek public comment on these burden issues as it proposes revisions to this program. EPA shall follow all OMB guidance in calculating third party burdens when this ICR is renewed. EPA should provide a new Exhibit 3 to accompany the burden reestimate provided on 9/29/95.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/1997	03/31/1997
Responses	0	0	0
Time Burden (Hours)	2,956,401	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Section 311 of the Emergency Planning and Community Right-to- Know Act (EPCRA) requires facilities that are required to have material safety data sheets (MSDSs) under OSHA, to provide these MSDSs to state and local entities. Section 312 requires these same facilities to submit annual inventory forms (Tier One) to the state and local entities. State and local entities can request more specific information from the facilities, reported on Tier Two Forms.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Community Right-to-Know Reporting Requirements (EPCRA Sections 311 and 312	1352.03

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	0	0	0	0	0	0
Annual Time Burden (Hours)	2,956,401	0	0	2,956,401	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/30/1995

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