Trade Secret Claims for Community Right-to-Know and Emergency Planning (Renewal)

ICR 201810-2050-005

OMB: 2050-0078

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
Modified
Supplementary Document
2019-04-10
Supplementary Document
2019-04-10
Supporting Statement A
2019-04-10
IC Document Collections
IC ID
Document
Title
Status
44018 Modified
ICR Details
2050-0078 201810-2050-005
Active 201509-2050-002
EPA/OLEM 1428.11
Trade Secret Claims for Community Right-to-Know and Emergency Planning (Renewal)
Extension without change of a currently approved collection   No
Regular
Approved with change 04/11/2019
Retrieve Notice of Action (NOA) 11/01/2018
The agency is reminded to include in the PRA burden statement whether a form is mandatory and mailing address for the form.
  Inventory as of this Action Requested Previously Approved
04/30/2022 36 Months From Approved 04/30/2019
272 0 317
2,584 0 3,011
0 0 0

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 (Section 302), inventory of hazardous chemicals (Sections 311 and 312) and manufacture, process and use of toxic chemicals (Section 313). Section 322 of EPCRA allows a facility to withhold the specific chemical identity from these EPCRA reports if the facility asserts a trade secret for that chemic claim for that chemical identity. The provisions in Section 322 establish the requirements and procedures that facilities must follow to request trade secret treatment of chemical identities, as well as the procedures for submitting public petitions to the Agency for review of the "sufficiency" of trade secret claims. Trade secret protection is provided for specific chemical identities contained in reports submitted under each of the following sections of EPCRA: (1) Section 303 (d)(2) -- Facility notification of changes that have or are about to occur; (2) Section 303 (d)(3) -- Local Emergency Planning Committee (LEPC) requests for facility information to develop or implement emergency plans; (3) Section 311 – Material Safety Data Sheets (MSDSs) submitted by facilities, or lists of those chemicals submitted in place of the MSDSs; (4) Section 312 - Emergency and hazardous chemical inventory forms (Tier I and Tier II); and (5) Section 313 Toxic chemical release inventory form.

US Code: 42 USC 116 Name of Law: Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)
  
None

Not associated with rulemaking

  83 FR 26997 06/11/2018
83 FR 54750 10/31/2018
No

  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 272 317 0 0 -45 0
Annual Time Burden (Hours) 2,584 3,011 0 0 -427 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
The number of claims estimated in the previous ICR for this ICR period was higher than the actual claims received. The cost and burden hours are adjusted based on the actual number of claims received.

$21,019
No
    No
    No
No
No
No
Uncollected
Sicy Jacob 202 564-8019

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
11/01/2018


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