1981ss08

STATEMENT SUPPORTING THE RENEWAL OF INFORMATION COLLECTION FOR THE DISTRIBUTION OF

OFF-SITE CONSEQUENCE ANALYSIS INFORMATION

UNDER THE CLEAN AIR ACT

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection Request

Distribution of Offsite Consequence Analysis Information under Section 112(r)(7)(H) of the Clean Air Act (CAA), as amended. EPA No. 1981.08, OMB Control Number 2050-0172.

1(b) Short Characterization

This ICR renewal is for the Accidental Release Prevention Requirements; Risk Management Programs Under the Clean Air Act Section 112(r)(7); Distribution of Off-Site Consequence Analysis Information final rule. CAA section 112(r)(7) requires EPA to promulgate reasonable regulations and appropriate guidance to provide for the prevention and detection of accidental releases and for responses to such releases. The regulations include requirements for submitting a risk management plan (RMP) to EPA. The RMP includes information on offsite consequence analysis (OCA) as well as other elements of the Risk Management Program.

On August 5, 1999, the President signed the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act (CSISSFRRA), which required the President to promulgate regulations on the distribution of OCA information (CAA section 112(r)(7)(H)(ii)) to the public. The President delegated to EPA and the Department of Justice (DOJ) the responsibility to promulgate regulations to govern public dissemination of OCA information.

The final rule was published on August 8, 2000 (65 FR 48108) and imposed minimal information collection and record keeping requirements. The Federal government established 55 reading rooms at Federal facilities geographically distributed across the United States and its territories. At the reading room the public can read, but not mechanically copy or remove, paper copies of OCA information for up to 10 stationary sources per calendar month. The public also has access to OCA information that the Local Emergency Planning Committee (LEPC) in the requestor’s local area (where individual lives or works), is authorized to provide. State agencies are permitted to provide the same public access to paper copies of OCA information that a person would receive at their local agency.

EPA also established a Vulnerable Zone Indicator System (VZIS) which informs whether an address in any state is within the vulnerable zone of one or more stationary sources, according to the data reported in RMPs. The VZIS is available on the Internet. Requestors who do not have access to the Internet are able to obtain the same information by regular mail request to EPA.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

This information collection is authorized under the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act (CSISSFRRA). Individuals wishing to view OCA information at Federal reading rooms provide a signature and certification stating that they have not received access to OCA information for more than 10 stationary sources during that calendar month. The Federal reading room staff checks photo identification of the requestor and views documentation demonstrating where the requestor lives (for those who are requesting OCA information on local stationary sources at Federal reading rooms). Individuals who contact the central office will be asked for their name, telephone number, residential address, and names of the stationary sources for which they wish to view the OCA information. This ICR also covers the collection of written requests from State and local officials for OCA information. The ICR also governs the maintenance and disclosure of the OCA information by State and local entities for public use, as authorized and encouraged by CSISSFRRA and codified in 40 CFR Part 1400.

2(b) Practical Utility/Users of the Information

The information collected from the public under this ICR assures compliance with the requirement to provide public access to paper copies of off-site consequence analysis information (40 CFR 1400.3) for no more than 10 stationary sources in a calendar month.

The requirements that individuals show photo identification and residence documentation to the Federal reading room staff prior to obtaining OCA information significantly reduces the risk that individuals will attempt to use fraudulent identification and assures that they will be provided with only the OCA information to which they are entitled.

The requirement that requestors provide their name, telephone number, and the names of the stationary sources for which OCA information are being requested when calling the central office to schedule an appointment at a reading room enables the staff to relay the requested copies of OCA information to that reading room, and, if necessary, contact the requestor.

This information collection also covers the letters of request sent by State and local agencies for OCA information either for their own use, e.g., emergency planning, and/or to provide read-only access to the public. State and local officials who request OCA information for their official use must send a request on their official letterhead to EPA certifying that they are covered persons under P.L. 106-40 and that they will use the information for official purposes only.

3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

The information collected under this ICR includes signatures, certifications, personal identification data and names of the stationary sources included in the OCA data request. EPA also collects letters from State or local officials requesting OCA information. This information collection does not duplicate any other Federal collection because it is specific to this rule and necessary to ensure that the rule can be implemented.

3(b) Public Notice

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency notified the public through a Federal Register notice on the renewal of this ICR on March 1, 2022 (87 FR 11425). EPA received no comments on this Notice.

3(c) Consultations

EPA contacted the EPA Regions and the EPA HQ Docket Center in November 2021 and received information and received burden estimates from seven EPA Regions (Regions 1,3, 4, 6, 7, 8 and 9) and the EPA HQ Docket Center. As a result of the consultation effort, EPA has made changes to selected burden estimates. A summary of the information obtained from each contact can be found in Appendix A.

EPA contacted also contacted selected State and local agencies that receive OCA data to determine how many members of the public visited a reading room over the previous ICR period. Given the total number of State and local agencies (52 States offices and 3,000 LEPCs), the number of visits for read-only access to OCA data was very low in the previous ICR period, and with the establishment of the website, http://www.rtk.net, (rtk is the acronym for Right to Know), reading room visits are expected to continue to become largely unnecessary. Of the several State and local agencies EPA contacted, none had recorded even a single reading room visit. To err on the conservative side, EPA is assuming five reading room visits annually to all State and local agency reading rooms (15 for three years).

Most OCA reading room visits occur at the reading room operated by EPA Headquarters in Washington, DC. During the previous ICR period of 2016-2018, the number of reading room visits was 76, or 25 per year, which declined from 227 for the ICR period prior to that. Based on information received from seven EPA Regions and EPA Headquarters, the average number of reading room visits for the previous ICR period was 10 per year, or 30 visits for three years, which EPA assumes will be the number of visits for this ICR renewal period.

3(d) Effects of Less Frequent Collection

This section is not applicable. The only data being collected are the signatures and self-certification, which are collected at the time of the reading room visit.

3(e) General Guidelines

This section is not applicable.

3(f) Confidentiality

The signatures and self-certifications collected are not confidential information.

3(g) Sensitive Questions

There are no sensitive questions in this information collection.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

The respondent universe for this rule is State and local officials (NAICS code 92111) and members of the public.

4(b) Information Requested

(i) Data Elements

Most reading rooms can be visited by appointment only; only a few are walk-in. Members of the public are required to provide their name, telephone number, and the names of the stationary sources for which OCA information is being requested when they contact the central office to schedule an appointment to view OCA information. They are required to sign-in at the reading room and self-certify that they have not viewed OCA information for more than 10 stationary sources during that calendar month. Individuals wishing to view OCA information that their LEPC is authorized to provide will also be asked to sign-in and display documentation demonstrating that they live or work in that LEPC jurisdiction.

State and local agencies requesting OCA information are required to send a written request to EPA on their official letterhead certifying that they are covered persons under P. L. 106-40 and that they will use the information for official purposes only.

(ii) Respondent Activities

For the public:

• Call the central office to make an appointment at a reading room and provide their name, phone number, and the names of the stationary sources for which OCA information is requested.

• Display a photo identification at reading rooms and proof of place of residence or employment.

• Sign-in and certify that they have not viewed OCA information for more than 10 stationary sources during that calendar month.

• Submit a request for information from the vulnerable zone indicator system (VZIS) by Internet or mail.

• Make follow-up calls or contacts to obtain additional information on stationary sources that may affect them.

For State and local agencies:

• Read and understand the Security Notice to Federal, State, and local officials and researchers.

• Submit a written request to EPA for OCA information.

• Provide a location for the public to review OCA information for local stationary sources.

• Ensure that members of the public do not remove or copy OCA information they review.

• Make OCA information available in formats other than Sections 2 through 5 of the RMP.

Local agencies are not required to ask the public to show any identification to gain access to the information. State agencies must verify that a person seeking information for an area lives or works in the area.

5. THE INFORMATION COLLECTED — AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

Federal Government

The Federal government operates the Federal reading rooms, maintains the VZIS software, and provides the State and local agencies with OCA information and technical support upon request. The Federal government may also engage in other activities to provide access to OCA information.

State and Local Agencies and LEPCs

State government agencies (such as emergency management, environmental protection, health, and natural resources departments) can request OCA data from EPA for all facilities in their state. States are authorized and encouraged by the rule to make the OCA information available for reading, but not copying mechanically, in public reading rooms for the same stationary sources as the LEPC in whose jurisdiction the person lives or works and must verify the person’s address or place of employment.

LEPCs and related local government agencies (such as police, fire, emergency management and planning departments) also are authorized and encouraged by the rule provide read-only access to OCA sections of RMPs for sources located within the jurisdiction of the LEPC and for any other stationary sources with vulnerability zones extending into the LEPC’s jurisdiction in public reading rooms. They are not required to limit the number of stationary sources for which a person can gain access, ascertain a person’s identity or place of residence or work, or keep records of public access provided. While local agencies are authorized and encouraged to provide public access to OCA sections of RMPs, they are not required to do so.

State and local government officials can also obtain OCA information for their official use by sending a request on their official letterhead to certify that they are covered persons under P.L. 106-40, and that they will use the data for official purposes only. Once EPA approves the request, EPA can provide the OCA information in one of three ways: on a CD by mail, transmitted via the EPA Central Data Exchange (CDX) system (i.e., over the Internet, which requires registration with CDX), or EPA can provide paper copies of RMPs to State and local agencies upon request.

5(b) Collection Methodology and Management

Federal Government

The Federal reading rooms maintain records of reading room use and certifications in accordance with procedures established by the Administrator and the Attorney General, which must be retained for up to three years. The Federal reading room staff view the photo identification of requestors to decrease the likelihood that OCA information is obtained by individuals seeking it for criminal purposes.

The reading room staff also view proof of residence and provide access to OCA information only to individuals who have signed a certification that they have not exceeded their allotment. The information recorded on sign-in sheets may be used by law enforcement in the event of a duly authorized investigation of a violation of civil or criminal law. Therefore, these sign-in sheets are retained for three years.

The information collected during telephone calls received by the central office from a requestor of OCA information will enable the central office to schedule an appointment for the requestor at a reading room, relay the requested copies of OCA information to that reading room, and, if necessary, contact the requestor. This information is not retained beyond the requestor’s appointment date.

The requests from State and local officials for OCA information also must be retained for three years.

State and Local Agencies, and LEPCs

State and local agencies, and LEPCs do not collect any information from the public.

5(c) Small Entity Flexibility

The rule does not require small entities, such as local emergency planning committees or related local government agencies, to provide public access to OCA information; hence, no special requirements are needed for small entities.

5(d) Collection Schedule

The information collection at the Federal reading rooms occurs only when an individual requests OCA information.

6. ESTIMATING BURDEN AND COST

6(a) Estimating Respondent Burden

The annual respondent universe for this ICR is 315 State and local agencies, LEPCs and individuals (public). The total includes 15 State agencies and three LEPCs that send letters of request for OCA data, five States that experience reading room visits, and three LEPCs that hold five public meetings; the public component of the total includes 15 individuals who visit Federal and State reading rooms and 262 individuals who request VZIS data. The three LEPCs that hold public meetings are assumed to be the same three LEPCs that send letters of request for OCA data. All other respondents are assumed to be unique.

This section presents estimates of the cost and burden for both respondents and the Agency. Includes individual costs per respondent and aggregate cost for the entire respondent universe and the Agency on an annual basis and over the entire period covered by the ICR.

Public (Individuals)

EPA estimates that each member of the public spends approximately one hour to sign-in and certify; call the central office to give his/her name, address, telephone number, names of the stationary sources for which OCA information is requested, display documentation demonstrating proof of residence and employment, and view OCA information for local facilities at a Federal reading room. Based on the information EPA collected for the last three years, EPA assumes that 10 individuals will visit the Federal reading rooms annually in the three years covered by this ICR. See Appendix A for details. State and local agency reading rooms contacted by EPA for the two previous ICR renewals reported not a single visit to a reading room from a member of the public. EPA erred on the conservative side and assumed that five public visitors to state and local reading rooms annually in the previous ICR renewal. EPA is maintaining that assumption for this ICR renewal (15 visits over three years). Therefore, 15 individuals are assumed to visit Federal, State, and local reading rooms annually.

Additionally, EPA assumes that the public will use the vulnerable zone indicator system (VZIS). In the previous ICR period, the EPA Reporting Center received 720 VZIS inquiries total, or an average of 240 annually, from the public, which was lower than the previous ICR estimate of 240 inquiries by 22 per year. The VZIS system was not available for two months in 2021, so the number was lower (349 in 2019, 295 in 2020, and 76 in 2021). Therefore, EPA estimates that the Agency will receive approximately 322 VZIS inquiries from the public for each year covered by this ICR, assuming that with the VZIS fully functioning, the average number of inquiries for each of the next three years would be the average of 2019 and 2020. EPA estimates that an individual will spend approximately one hour to submit a request for the VZIS. Exhibit 1 shows the total burden to the public for signing in at the reading room (15 hours) and making VZIS inquiries (322 hours) is estimated to be 337 hours annually (1,011 hours over three years).

Exhibit 1

Public Burden Hours for Reading Room Visitations and VZIS Inquiries

Burden Activity	Hours per Person	Annual Activity Count	Hours Annually	Three-Year Total Hours
Reading Rooms - Federal	1	10	10	30
Reading Rooms - State and Local	1	5	5	15
Vulnerable Zone Indicator System (VZIS) Inquiries	1	322	322	966
Total	3	337	337	1,011

State and Local Agencies and LEPCs

OCA Data Requests and CDX Registration

State and local government agencies, and LEPCs can obtain OCA data by CD, via RMP*Info and via RMP Dataset Download. They must send a written request to EPA so that EPA can ensure that they are a covered person and entitled to receive the data. Exhibit 2 shows the numbers of CDs EPA mailed during the previous ICR period, based on 19 standing requests from the prior three-year period. EPA assumes it will receive the same average number of requests for CDs – 110 per year – in the new ICR period of 2022−2024.

Exhibit 2

OCA Data Requests by CD

	2019	2020	2021	Annual Average	Three-Year Total
CDs	112	133	85	110	330

Exhibit 3 shows the numbers of CDX registrations by State and local government agencies during the previous three-year ICR period. In addition, LEPCs can request OCA information from EPA for their own use, such as emergency planning, and some of these LEPCs may also provide public read-only access. This ICR assumes the same number of State and local agencies will register for OCA data access via CDX during this ICR renewal period, or a total of 21 per year. State and local government agencies requesting OCA data include members of SERCs, environmental protection agencies, emergency management agencies, etc.

Exhibit 3

CDX Registrations by State and Local Government Agencies, and LEPCs*

	2019	2020	2021	Annual Average	Three-Year Total
State and Local Agencies	19	20	14	18	53
LECPs	3	3	3	3	9
Total	22	23	17	21	62

* Totals may not sum due to rounding

The reading rooms temporarily altered operations because of COVID remote work practices in the spring and summer of 2020. However, the temporary operations changes will not impact access to OCA information in the long term and are reflected in the overall number of requests from 2020 to the present. The OCA data requests reported in this document include both pre-COVID operations prior to 2020 and operations during the period affected by the COVID restrictions.

EPA contacted a subset of State and local agencies that receive OCA data to obtain numbers of public visits to State and local reading rooms over the previous ICR period. Based on those contacts, EPA found that the majority of OCA public visits occur at the reading room operated by EPA Headquarters in Washington. The State and local agencies are assumed to spend three hours preparing and providing information to the public during each visit. State and local reading room staff will also spend one hour learning how to handle OCA information securely. These figures include both pre- and post-COVID operations. The reading rooms temporarily altered operations at the onset of the COVID pandemic but access to the OCA remained available during the ICR period. Based on an estimated five visits to State and local reading rooms per year, State and local agency staff are estimated to spend 15 hours annually, or 45 hours over three years, to prepare and provide information to the public for reading room visits.

The ICR accounts for the burden associated with submitting letters of request to EPA and registering within CDX. For purposes of estimating the burden associated with these activities, EPA assumes that a State or local agency, or LEPC will spend one hour preparing and submitting a request letter, and one hour registering within CDX for on-line access to OCA data.

Three LEPCs are also assumed to hold five public meetings each year in the three years covered by this ICR (15 LEPCs over three years), which would require eight hours each for preparation and to hold the meeting. The total burden hours for State and local agencies are estimated to be 326 hours annually (977 hours for three years). See Exhibit 4.

Exhibit 4

State and Local Agencies and LEPCs Estimated Burden Hours*

Burden Activity	Hours	Annual Average Number	Annual Hours	Three-Year Total
Covered Person Request and Submitting a Request Letter for a CD	1	110	110	330
Registering within CDX	1	21	21	62
Reading Room	3	5	15	45
Train State and Local Reading Room Staff on OCA	1	60	60	180
Public Meetings	8	15	120	360
Total	14	211	326	977

*Totals may not sum due to rounding.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

The value of the public’s time is estimated to be $36.64 per hour, the average hourly total compensation of private industry workers (Bureau of Labor Statistics (BLS) 2021).¹ The State and local government employee average hourly, fully loaded wage rate is $53.59 (BLS 2021).² See Exhibit 5.

Exhibit 5

Average Hourly Labor Rates ($2021)

Labor Category	Fully Loaded Labor Rate ($/hr)*
Private Industry Workers	$36.64
State and Local Government Employees	$53.59
*Fully Loaded Labor Rate includes wages and salaries as well as benefits.
Source: BLS (2021)

EPA estimated public respondent cost by applying the fully loaded labor rates to the public burden estimates from Exhibit 2. Total estimated costs to the public are $12,348 annually ($37,043 for three years). See Exhibit 6.

Exhibit 6

Public Estimated Burden and Costs

Burden Activity	Annual		Three-Year Total
	Hours	Cost	Hours	Cost
Reading Rooms - Federal	10	$366	30	$1,099
Reading Rooms - State and Local	5	$183	15	$550
Vulnerable Zone Indicator System (VZIS) Inquiries	322	$11,798	966	$35,394
Total	337	$12,348	1,011	$37,043

EPA estimated the cost for State and local government employees by applying the fully loaded labor rates to the State and local agency burden estimates, which results in a cost of $17,452 annually ($52,357 for three years) (See Exhibit 7).

Exhibit 7

State and Local Agencies Estimated Burden and Costs*

	Annual		Three-Year Totals
	Hours	Cost	Hours	Cost
Covered Person Request and Submitting a Request Letter for a CD	110	$5,895	330	$17,685
Registering within CDX	21	$1,108	62	$3,323
Reading Room	15	$804	45	$2,412
Train State and Local Reading Room Staff on OCA	60	$3,215	180	$9,646
Public Meeting	120	$6,431	360	$19,292
Total	326	$17,452	977	$52,357

*Totals may not sum due to rounding.

(ii) Estimating Operations and Maintenance Costs

As described above, to obtain OCA data by CD via RMP*Info and via RMP Dataset Download, State and local agencies, and LEPCs, must send a written request to EPA so that EPA can ensure that they are a covered person and entitled to receive the data. The current price of a U.S. Postal Service Forever stamp is 60 cents.³

One reading room staff activity is printing the requested RMPs. EPA assumes that a ream of recycled copy paper costs $7.50 (from GSA Advantage website).⁴ EPA estimates that each visitor to a reading room reviews 10 RMPs of 20 pages each.

The total annual O&M cost for State and local agencies and LEPCs to mail letters to EPA requesting OCA information is approximately $66.00 ($198 for three years). Assuming a cost of $7.50 for a ream of recycled copy paper, and that each person visiting a reading room reviews 10 RMPs of 20 pages each, the paper cost per visit is $3.00. Assuming five visits to State and local reading rooms annually (15 visits for three years), the paper cost is $15 annually ($45 for three years). Total O&M costs are estimated to be $81 annually ($243 for three years). See Exhibit 8.

Exhibit 8

O&M Costs for State and Local Agencies and LECPs

	Annual		Three-Year Totals
	Count	Cost	Count	Cost
Postage for Submitted Letters Requesting Coverage and a CD	110	$66	330	$198
Paper for the Reading Room (pages)	1,000	$15	3,000	$45
Total		$81		$243

(iii) Capital Costs

There are no capital costs associated with this information collection.

6(c) Estimating Agency Burden and Cost

Agency Labor Costs

Federal agency costs were estimated based on U.S. Office of Personnel Management’s (OPM) 2021 General Schedule (GS) wage schedule for the Washington-Baltimore-Northern Virginia locality using a GS-9, step 5. The fully loaded hourly wage rate is estimated to be $52.24 (base wage rate of $32.65 x 1.6 (the standard Federal wage overhead rate) for reading room activities and a GS-13, step 5 fully loaded for VZIS operation and preparation of data.⁵ See Exhibit 9.

Exhibit 9

Agency Estimated Labor Rates (2021$)

Federal wage	Hourly Wage Rate	Fully Loaded Wage*	GS
Reading Room	$32.65	$52.24	GS-9, Step 5
Vulnerable Zone Indicator System (VZIS) Inquiries	$56.31	$90.10	GS-13, Step 5
* Based on the standard government overhead factor of 1.6. Sources: OPM (2021)

Reading Rooms

EPA and DOJ currently operate 55 reading rooms located at Federal buildings. The EPA Headquarters reading room is operated on a walk-in basis and the others are by appointment only.

Reading room staff activities include taking phone calls from the public, scheduling appointments for use of the reading rooms, printing the requested RMPs, reviewing the identification presented, monitoring the use of the RMPs to ensure that they are not mechanically copied, and shredding them when the user is finished. Federal reading room staff are assumed to spend two hours performing these activities for each reading room visit by a member of the public. Reading room staff will also spend one hour in training to handle OCA information securely. However, reading room usage has declined significantly with the public availability of RMP data through www.rtk.net.

EPA Headquarters and EPA Region reading rooms logged a total of 10 visits per year during the previous ICR renewal period. EPA is maintaining that estimate for this ICR renewal period. Therefore, EPA staff will spend two hours per reading room visit, or 20 hours annually (60 hours for three years), at a cost of $1,045 annually ($3,134 for three years). In addition, the cost for one hour of training for 55 staff is $2,873 annually ($8,620 for three years). Operations prior and during the COVID pandemic remain the same for ICR estimates.

VZIS Inquiries

EPA also operates the VZIS system, prepares and mails data CDs, creates CDX accounts, and responds to queries through the RMP Reporting Center. EPA staff are estimated to spend 15 minutes responding to each VZIS query and an equal amount of time answering follow up calls for VZIS queries. Thus, EPA estimates that EPA staff will spend 0.5 hours per VZIS inquiry, or $14,505 per year ($43,516 for 3 years) (322 public inquiries per year x 0.5 hours x $90.10).

RMP Reporting Center Costs for OCA Data

EPA’s RMP Reporting Center maintains OCA data, processes OCA data requests, creates OCA databases, burns CDs and generates CD labels and performs quality control activities. RMP Reporting Center staff require approximately 1 hour to prepare and mail each data CD and 0.5 hours to establish each CDX account. The RMP Reporting Center spends $10,842 per year ($32,525 for three years) on these activities.

Agency Capital and O&M Costs

In previous ICRs, reading rooms were assumed to have a computer, monitor, printer, and shredder. The cost for this equipment was calculated in previous ICRs and was assumed to be depreciated over five years. This equipment is standard office equipment that is now expected to be available in all government offices. Therefore, in this ICR, EPA did not calculate the costs for this equipment and this ICR does not include capital costs.

The RMP Reporting Center spends $400 to purchase CDs and $400 on postage to mail CDs with OCA data each year. The total cost to purchase and mail data CDs therefore is estimated to be $800 annually ($2,400 for three years).

In addition, EPA reading rooms (Headquarters and EPA Regions) print paper copies of RMPs. Using a cost of $7.50 for a ream of recycled copy paper and assuming each person visiting a reading room reviews 10 RMPs of 20 pages each, the paper cost per visit is $3.00.⁶ Assuming 10 visits to EPA Federal reading rooms per year (30 visits for three years), the paper cost is $30 annually ($90 for three years).

The total O&M cost for the Federal government, for printing RMPs for requestors visiting the reading rooms and for the CDs, is estimated at $830 annually ($2,490 for three years).

The combined annual labor and O&M cost to the Federal government is thus estimated to be $30,095 annually ($90,285 for three years). See Exhibit 10).

Exhibit 10

Agency Labor and O&M Costs*

	Annual		Three-Year Totals
Labor Costs	Hours	Cost	Hours	Cost
Reading Rooms	20	$1,045	60	$3,134
Train Reading Room Staff on OCA	55	$2,873	165	$8,620
VZIS and Data Requests	161	$14,505	483	$43,516
Responding to a Request Letter for a CD	110	$9,911	330	$29,732
Registering within CDX	10	$931	31	$2,793
O&M Costs	Count	Cost	Count	Cost
CD Purchases and Postage to Mail CDs		$800		$2,400
Paper for the Reading Room (visits)	10	$30	30	$90
Total		$30,095		$90,285

*Totals may not sum due to rounding

6(d) Estimating the Respondent Universe and Total Burden and Costs

Estimated Total Annual Burden and Costs for All Respondents

Respondents for this ICR are State and local officials requesting OCA data from EPA and the members of the public visiting reading rooms and making inquiries on the VZIS. The total number of annual respondents is 663. The total burden of the information collection is the burden to the public for using the reading rooms and making VZIS inquiries (Exhibit 6), in addition to the burden for State and local agencies to submit requests as covered persons for CDs, register within CDX, do reading room training, help the public in the reading room, and hold public meetings (Exhibit 7). Total burden is calculated by multiplying unit burden estimates by the number of individuals affected. Total cost is derived in a similar manner. The total burden and costs associated with the ICR are shown below in Exhibit 11 (based on Exhibits 6, 7, and 8).

Exhibit 11

Total Respondent Burden and Costs

Respondent	Annual			Three-Year Total
	Burden Hours	Labor Cost	O&M Cost	Burden Hours	Labor Cost	O&M Cost
Public	337	$12,348	$0	1,011	$37,043	$0
State and local agencies and LEPCs	326	$17,452	$81	977	$52,357	$243
Total	663	$29,800	$81	1,988	$89,400	$243

Estimated Total Annual Burden and Cost to EPA

The Agency will incur burden to assist in reading rooms, responding to VZIS and data requests, responding and filling requests for CDs, and registering others within CDX, as summarized in Exhibit 10.

6(e) Bottom Line Burden Hours and Costs

Exhibit 12 summarizes the total estimated burden costs and O&M costs. Total costs are summarized for the public, State and local agencies, and the EPA. The annual cost for this ICR is estimated to be $59,976 ($179,928 for three years).

Exhibit 12

Total Burden and Cost Estimates

Period	Public Costs		Costs to State and Local Agencies		Agency Costs		Total
	Labor	O&M	Labor	O&M	Labor	O&M
Annual	$12,348	$0	$17,452	$81	$29,265	$830	$59,976
Three-Year Totals	$37,043	$0	$52,357	$243	$87,795	$2,490	$179,928

6(f) Reasons for Change in Burden

EPA estimates a slight increase in the burden to respondents for this renewal compared to the previous ICR renewal. Even though reading room visits were greatly reduced, if not stopped altogether because of COVID 19 restrictions during the previous ICR period and reading room visits had been declining prior to the COVID restrictions because of the increased use of the website www.rtk.net.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average approximately 1.26 hours per response calculated as a weighted average of public and State and local, and LEPC agency responses. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2003-0073, which is available for online viewing at www.regulations.gov, or in person viewing at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2003-0073 and OMB Control Number 2050-0172 in any correspondence.

APPENDIX A

Consultation Information

EPA consulted by email with EPA staff in seven EPA Regions and the EPAHQ Docket Center to obtain information on burden estimates and numbers of activities during the past three years. The responses have been edited for clarity and length.

Question 1: Do you have any updates on the number of hours a member of the public would spend to sign-in and certify; call the central office to give their name, address, telephone number, names of the stationary sources for which OCA information is requested, display documentation demonstrating proof of residence and employment, and view OCA information for local facilities at a federal reading room? If not, would you assume more than one hour onsite to go through the process?  

EPA HQ Docket Center Staff: Requests for OCA information are made by email.  All contact and facility information is contained in the email. The requester usually spends 2 to 3 hours reviewing the information.

Region 1 Library Staff: The requesters usually spend 4 to 5 hours each reviewing the information.

Region 3 Library Staff-- Appointments for the RMP Reading Room are required due to an upcoming office move. The new office space may not have room in the library for visitors to review the RMP information, so library staff will have to reserve meeting rooms ahead of time for such visits. If visitors let us know the facilities for which they wish to review OCA information when they call for the appointment, those reports can be printed and ready for them to view when they arrive. The amount of time they need to review OCA documents may be an hour or more, depending upon how many facilities they have requested and how many pieces of information they need to take notes on.

Region 4 Staff: There has been one request in the past three years and the review of OCA information was approximately one hour.

Region 6: Approximately one hour for processing, and two to four hours to view OCA data, depending on the number of reports.

Region 7: We have not had a Federal reading room request in the past 3 years, or since the beginning of 2019. Based on prior experience, regarding length of time, the member of the public requesting to use the reading room spent approximately 15 minutes on the call to make the appointment (including providing necessary information about themselves, the requested facilities, and for EPA staff to provide the information on procedures for their reading room appointment). The visit to the office, once through security, varied depending on the number of RMPs the person wanted to view and whether they had questions about what fields in an RMP meant, as well as the complexity of the facilities in question.

Region 8: Approximately one hour for the requestor to make the reading room request.

Region 9: The average time is approximately 1 to 1.5 hours.  

Question 2: Do you know the number of RMP-related visits to Federal reading rooms within your Region over the previous 3 years?

EPA HQ Docket Center Staff:

FY19: 14 visits and 131 sites requested.

FY20: 8 visits and 80 sites requested.

FY21: 1 visit and 1 site requested.

Region 1 Library Staff: Five requests in 2019 and one request since March 2020.

Region 3 Library Staff: Since November 2018, we have had five people visit the Reading Room, all prior to Dec. 2019.

Region 4: One request.

Region 6: Within the past three (3) years, there have been no visits to Region 6’s Federal Reading Room.

Region 7: None at EPA and unknown number at other sites in the Region.

Region 8: Two requests in 2021 and the last request was from 2019. 

Region 9: Our reading room has been closed during the pandemic, but typically receives 1 to 2 requests each year.

Question 3:  Do you know how many State and local agency reading rooms were visited for RMP information in the last three years?

Region 3 Library Staff: Unknown.

Region 4: Unknown.

Region 6: No information on other States or local agencies’ reading rooms

Region 7: There are no state or local agency reading rooms for RMP information in the four Region 7 states.

Region 9: We do not track the State and local agency reading room visits. 

Question 4: How many RMPs does the typical person request, up to 10, per visit at the Federal reading rooms?

EPA HQ Docket Center -- Based on our statistics, usually 9 or 10 sites are requested.

Region 1 Library Staff: Ranges from 1 to 9 RMPs.

Region 3 Library Staff: The typical request is for 2 to 4 RMPs.

Region 4: The one reading room request was for three different RMPs.

Region 6: Anywhere up to 10 reports are requested.

Region 7: One to four.

Region 8: The 2 requests we received were for one facility each. Usually someone is interested in a particular facility rather than area.

Region 9: One RMP with OCA per person during the last 3 years.

Question 5: Do you know whether any of the respective DOJ reading rooms in your Region are open during COVID and are they walk-ins or by appointment only?

EPA HQ Docket Center: We have no information on this.

Region 1 Library Staff:  Unknown.

Region 3 Library Staff: According to their web site at https://www.justice.gov/nsd/chemical-hazard-information, all of the DOJ reading rooms are available by appointment only.

Region 4:  I do not.

Region 6: No information on respective DOJ reading room in Region 6 being open during COVID.

Region 7: Per DOJ’s website, all DOJ Reading Rooms are operated on an “appointment only” basis.

Region 8: Unknown.

Region 9: Unknown.

Question 6: Approximately how many staff hours per visit are spent preparing the reading room per visit? This would include reading room staff activities to take phone calls from the public, schedule appointments for use of the reading rooms, print the requested RMPs, review the identification presented, monitor the use of the RMPs to ensure that they are not mechanically copied, and shred them when the user is finished.

EPA HQ Docket Center: Approximately 4 to5 hours for the EPA Headquarters Reading Room:  1 to 1.5 hour to print the material and schedule the appointment, 2 to 3 hours of monitoring the customer and the use of the OCA material, and .5 hour to shred the material.

Region 1 Library Staff: Time spent preparing for the appointments is approximately 1 to 2 hours each (setting up the appointment with the patron, locating and printing the documents, and shredding the documents after).

Region 3 Library Staff: I would estimate that reading room staff spend an average of five minutes arranging the appointment, ten to twenty minutes printing out the reports, five minutes to copy the visitor’s ID, and then anywhere from 30 minutes to over an hour monitoring the use of the RMPs, depending upon how many reports the visitor is reviewing and taking notes on – approximately 1 to 1.5 hours total.

Region 4: Less than one hour.

Region 6: No information on respective DOJ reading room in Region 6 being open during COVID.

Region 7: Approximately 2 hours. Depending on the number of RMPs, preparation leading up to the on-site review time takes 30 to 45 minutes and closure/shredding takes 5 to 15 minutes, plus the time that the person is on-site and needs to be monitored. In general, one hour of prep/administrative work plus the time the person spends on-site.

Region 8: The longer of my requests would have been about 1.5 hours for the visit and my time.  The shorter one was about 1 hour.

Region 9: Average time is 1.5 hours including time for answering questions.

Question 7:  Generally, in the last three years, are you aware of LEPCs holding meetings prior to COVID and to what extent have LEPCs resumed the meetings after March 2020? Please provide an estimate of how many meetings were held and for LEPCs that hold public meetings, and how many hours per meeting?

Region 4: Unknown.

Region 6: Not aware of any LEPC meetings being held prior to COVID.

Region 7: LEPCs hold meetings, though the frequency varies widely across the Region. Some LEPCs do not meet (they are supposed to, but do not). Some of ours meet regularly. The norm for those that meet is either twice a year, quarterly, or every other month. Most did not cancel meetings during COVID, at least not more frequently than under normal circumstances, or moved to virtual. There’s a mix now, though I think most are back to meeting in person. That said, many are also continuing to utilize better virtual options to allow flexibility for participants. Regarding the specific number of meetings in our region, I do not know. We have more than 300 LEPCs in our region. I think all LEPC meetings are technically required to be open to the public. In my experience, meetings are approximately 1 to 2 hours.

Region 8: Overall, LEPCs had been meeting pretty regularly but Covid has hit the rural LEPCs hard. They are the ones most overworked dealing with Covid-related issues so their focus on Haz Mat type things is minimal. Some transitioned away from Covid issues for something different to do, others do not have that luxury right now. Most of the LEPCs are organized by county (we have two cities that have their own and a couple of counties that have banded together for one group).  There are roughly 290 counties in my region, but I know not quite all are active.  There are approximately 275 LEPCs. Some meet monthly, most meet quarterly for about 2 to 3 hours.  This is all pre-Covid. 

Region 9: All LEPCs have been conducting virtual meetings on a quarterly basis.  

1 Bureau of Labor Statistics (BLS). 2021. “Employer Costs for Employee Compensation News Release.” September 16, 2021. Available at https://www.bls.gov/news.release/archives/ecec_09162021.htm. Note, “Table 4. Employer Costs for Employee Compensation for private industry workers by occupational and industry group” listed hourly compensation (wages and salaries plus fringe benefits). Therefore, the wage rates used in this ICR include salaries, fringe benefits, overhead costs and general and administrative costs as of June 2021.

2 Bureau of Labor Statistics (BLS). 2021. “Employer Costs for Employee Compensation News Release.” September 16, 2021. Available: https://www.bls.gov/news.release/archives/ecec_09162021.htm. Note, “Table 3. Employer Costs for Employee Compensation for state and local government workers by occupational and industry group” listed hourly compensation (wages and salaries plus fringe benefits), presents rates for state and local government managerial, technical, and clerical workers. Therefore, the wage rates used in this ICR include salaries, fringe benefits, overhead costs and general and administrative costs as of June 2021.

3 US Postal Service. 2022. The Postal Store. https://store.usps.com/store/results/stamps/_/N-9y93lv

4 GSA Advantage. 2020. Search Results - "Ream of Paper." https://www.gsaadvantage.gov/advantage/ws/search/advantage_search?q=0:8ream%20of%20paper&db=0&searchType=0

5 U.S. Office of Personnel Management (OPM). 2021. SALARY TABLE 2021-DCB. January 2021. Retrieved from: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2021/DCB_h.pdf

6 GSA Advantage, Op. cit.

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