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

Forms and Documents

Document Name	Status
Form 9510-1 Trade Secret Claims Form and Instruction	Modified
1428ss12.docx Supporting Statement A	2022-02-16

IC Document Collections

IC ID	Document Title	Status
44018	Trade Secret Claims Form and Instruction	Modified

ICR Details

OMB Control No: 2050-0078	ICR Reference No: 202202-2050-002
Status: Received in OIRA	Previous ICR Reference No: 201810-2050-005
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1428.12
Title: Trade Secret Claims for Community Right-to-Know and Emergency Planning (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/16/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2022
Responses	283	272
Time Burden (Hours)	2,689	2,584
Cost Burden (Dollars)	0	0

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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 (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 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.

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Authorizing Statute(s): US Code: 42 USC 116 Name of Law: Emergency Planning and Community Right-to-Know Act of 1986 (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:
	86 FR 49020	09/01/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 8834	02/16/2022
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
Trade Secret Claims	9510-1	Substantiation to Accompany Claims of Trade Secrecy Under the Emergency Planning and Community Right-to-Know Act of 1986

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ICR Summary of Burden

	Total Request	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	283	272	0	0	11	0
Annual Time Burden (Hours)	2,689	2,584	0	0	105	0
Annual Cost Burden (Dollars)	0	0	0	0	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: No

Burden Reduction Due to:

Short Statement: The small increase in estimated burden from the previous ICR is because the actual number of claims submitted was slightly higher than what EPA estimated it would receive in the previous ICR. Therefore, the number of trade secret claims EPA expects to receive in the upcoming three-year renewal period is also higher.

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Annual Cost to Federal Government: $54,031

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? No

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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: 02/16/2022

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