Comunity Right-to-Know Reporting Requirements under Section 311 and 312 of EPCRA

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
23843	Comunity Right-to-Know Reporting Requirements under Section 311 and 312 of EPCRA Form	Migrated

ICR Details

OMB Control No: 2050-0072	ICR Reference No: 199901-2050-002
Status: Historical Active	Previous ICR Reference No: 199806-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No:
Title: Comunity Right-to-Know Reporting Requirements under Section 311 and 312 of EPCRA
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/01/1999
	Date Received in OIRA: 01/20/1999
Terms of Clearance: EPA is to be commended for the significant burden reduction contained in this ICR, and for its efforts to promulgate it in time to apply to the 1999 reporting year. In the proposed rule, EPA also proposed several other burden reducing measures, such as establishing an infinite reporting threshold for OSHA hazardous chemicals that present insignificant risks to the health of individuals in the community, to emergency responders on-site, or to the environment. EPA also requested comment on various other burden reducing measures, such as raising reporting thersholds for certain other industries (eg, motor pools), and various technical adjustments to the format and content of required reports. OMB understands that EPA intends to finalize a rule addressing these other possible revisions by the end of 1999. OMB supports this process and encourages EPA to include as much burden reduction in the final rule as it deems consistent with the purposes and requirements of EPCRA Sections 311 and 312. OMB also reminds EPA of the terms of clearance for the previous approval of this ICR. They stated that EPA should continue efforts to reexamine and seek public comment on the burden estimates contained in the ICR, and that specifically, EPA should refine its estimate of the burden for Tier II filers by differentiating those filers that file identical information each year from those that provide revised, new or complex infomration. This comment should be specifically addressed when this ICR is resubmitted in January 2000.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2000	02/29/2000	01/31/2000
Responses	803,682	0	868,527
Time Burden (Hours)	2,377,229	0	2,963,209
Cost Burden (Dollars)	4,268,000	0	5,463,000

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Abstract: Section 311 requires that the owner or operator of any facility that is required to prepare or have available material safety data sheets (MSDSs) for a hazardous chemical under OSHA regulations shall submit an MSDS for such chemical, or a list of chemicals, to the LEPC, SERC, and local fire department. This submittal allows both local emergency planners/responders and the community to have information regarding the hazards of chemicals used at the facility. Section 312 requires the same owners and operators to annually report the inventories of the chemicals reported under section 311.

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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
Comunity Right-to-Know Reporting Requirements under Section 311 and 312 of EPCRA	1352.06

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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	803,682	868,527	0	-65,075	230	0
Annual Time Burden (Hours)	2,377,229	2,963,209	0	-588,054	2,074	0
Annual Cost Burden (Dollars)	4,268,000	5,463,000	0	-1,195,000	0	0

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

Burden Increase Due to:

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

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: 01/20/1999

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