Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (Renewal)

Forms and Documents

Document Name	Status
Form 8700-30 Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of EPCRA - Private Sector Form and Instruction	Modified
Form 8700-30 Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of EPCRA - State & Local Form and Instruction	Modified
1352ss14-rev.docx Supporting Statement A	2019-03-28

IC Document Collections

IC ID	Document Title	Status
23847	Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of EPCRA - Private Sector Form and Instruction	Modified
183500	Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of EPCRA - State & Local Form and Instruction	Modified

ICR Details

OMB Control No: 2050-0072	ICR Reference No: 201901-2050-001
Status: Active	Previous ICR Reference No: 201502-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1352.14
Title: Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (Renewal)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/28/2019
	Date Received in OIRA: 01/31/2019
Terms of Clearance: The agency is reminded to state on the form if a collection is mandatory or voluntary.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2022	36 Months From Approved	06/30/2019
Responses	522,922	0	403,052
Time Burden (Hours)	6,967,405	0	5,915,254
Cost Burden (Dollars)	5,436,824	0	6,593,300

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Abstract: The authority for these requirements is sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 1986 (42 U.S.C. 11011, 11012). EPCRA Section 311 requires owners and operators of facilities subject to OSHA Hazard Communication Standard (HCS) to submit a list of chemicals or MSDSs (for those chemicals that exceed thresholds, specified in 40 CFR Part 370) to the State Emergency Response Commission (SERC) or Tribal Emergency Response Commission (TERC), Local Emergency Planning Committee (LEPC) or Tribal Emergency Planning Committee (TEPC) and the local fire department (LFD) with jurisdiction over their facility. This is a one-time requirement unless a facility becomes subject to the regulations or has updated information on the hazardous chemicals that were already submitted by the facility. EPCRA Section 312 requires owners and operators of facilities subject to OSHA HCS to submit an inventory form (for those chemicals that exceed the thresholds, specified in 40 CFR Part 370) to the SERC (or TERC), LEPC (or TEPC), and LFD with jurisdiction over their facility. This inventory form, Tier II (Emergency and Hazardous Chemical Inventory Form), is to be submitted on March 1 of each year and must include the inventory of hazardous chemicals present at the facility in the previous calendar year.

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Authorizing Statute(s): US Code: 42 USC 11001 et seq. Name of Law: Emergency Planning & Community Right-to-Know Act (EPCRA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 33931	07/18/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 66706	12/27/2018
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of EPCRA - Private Sector	8700-29, 8700-30	Tier II Form ,   Tier I Form
Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of EPCRA - State & Local	8700-29, 8700-30	Tier II Form ,   Tier I Form

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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	522,922	403,052	0	113,670	6,200	0
Annual Time Burden (Hours)	6,967,405	5,915,254	0	119,360	932,791	0
Annual Cost Burden (Dollars)	5,436,824	6,593,300	0	0	-1,156,476	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The estimated average annual burden for facilities for reporting and recordkeeping activities under EPCRA sections 311 and 312 is 6,825,633 hours per year. This is an increase of 1,193,596 hours compared to the previous ICR approved by OMB. This increase in burden is attributable mainly to the 16.42 percent increase in the estimated number of facilities subject to Tier II reporting, based on a re-count of the number of facilities in the E-Plan database and information provided by EPA Regions. Approximately 10 percent of the burden increase is attributable to the consolidation of EPA ICR 2436.03 with this ICR, and a small portion of the change is attributable to the correction of math errors found while preparing this ICR renewal. Changes in cost are attributable to several sources. First, and most important, the change in the number of facilities subject to Tier II reporting generated higher burden estimates, and therefore, higher labor costs. Second, labor rates were updated from June 2015 to March 2018 using BLS data described previously in this section. Third, EPA calculated weighted average labor rates for management, technical and clerical labor using weights that correspond to the shares of manufacturing (30 percent) and non-manufacturing (70 percent) facilities of all facilities subject to this ICR. The previous ICR renewal did not use weighted average labor rates. Fourth, EPA consolidated EPA ICR 2436.03, which included the facility burden to complete additional data elements in the Tier II form, with this ICR, so the burden attributable to EPA ICR 2436.03 is now included in this ICR. Fifth, O&M costs were adjusted according to the revised numbers of facilities, and the cost to mail a certified package was adjusted to $10. And finally, math errors corrected in the burden estimates resulted in different costs, regardless of any changes in labor rates used to calculate total costs, and math errors in previous cost calculations led to incorrect costs in selected activities. The combined effects of these adjustments and corrections is to increase the facilities annual burden by 1,193,596 hours. The state and local government annual burden is estimated to be 141,772 hours, an increase of 22,770 hours over the previous ICR estimate of 119,002 hours. The reason for this increase is attributable to the increase in the number of facilities EPA estimates are subject to Tier II reporting over the previous ICR estimate.

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Annual Cost to Federal Government: $50,000

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

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: 01/31/2019

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