64050 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

disposal, or from ‘‘cradle to grave.’’

Section 3001(d) of RCRA requires EPA 

to develop standards for small quantity 

generators. Section 3002 of RCRA 

among other things states that EPA shall 

establish requirements for hazardous 

waste generators regarding 

recordkeeping practices. Section 3002 

also requires EPA to establish standards 

on appropriate use of containers by 

generators.

Finally, Section 3017 of RCRA 

specifies requirements for individuals 

exporting hazardous waste from the 

United States, including a notification 

of the intent to export, and an annual 

report summarizing the types, 

quantities, frequency, and ultimate 

destination of all exported hazardous 

waste. 

This ICR addresses the following 

categories of informational requirements 

in part 262: Pre-transport requirements 

for both large (LQG) and small (SQG) 

quantity generators; air emission 

standards requirements for LQGs 

(referenced in 40 CFR part 265, subparts 

I and J); recordkeeping and reporting 

requirements for LQGs and SQGs; and 

export requirements for LQGs and SQGs 

(i.e., notification of intent to export and 

annual reporting). 

This collection of information is 

necessary to help generators and EPA: 

(1) Identify and understand the waste 

streams being generated and the hazards 

associated with them; (2) determine 

whether employees have acquired the 

necessary expertise to perform their 

jobs; and (3) determine whether LQGs 

have developed adequate procedures to 

respond to unplanned sudden or nonsudden releases of hazardous waste or 

hazardous constituents to air, soil, or 

surface water. This information is also 

needed to help EPA determine whether 

tank systems are operated in a manner 

that is fully protective of human health 

and the environment and to ensure that 

releases to the environment are 

managed quickly and efficiently. 

Additionally, this information 

contributes to EPA’s goal of preventing 

contamination of the environment from 

hazardous waste accumulation 

practices, including contamination from 

equipment leaks and process vents. 

Export information is needed to ensure 

that: (1) Foreign governments consent to 

U.S. exported wastes; (2) exported waste 

is actually managed at facilities listed in 

the original notifications; and (3) 

documents are available for compliance 

audits and enforcement actions. In 

general, these requirements contribute 

to EPA’s goal of preventing 

contamination of the environment. 

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 in 40 

CFR are listed in 40 CFR part 9 and are 

identified on the form and/or 

instrument, if applicable. 

Burden Statement: The average public 

reporting and recordkeeping burden for 

LQGs under this collection of 

information is estimated to be 13.18 

hours (averaged across all LQG 

respondents). The average public 

reporting and recordkeeping burden for 

SQGs under this collection of 

information is estimated to be 1.22 

hours (averaged across all SQG 

respondents). 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. 

Respondents/Affected Entities:

Hazardous Waste generators; Hazardous 

Waste transporters who co-mingle waste 

with different Department of 

Transportation descriptions; and 

Importers/Exporters of hazardous waste. 

Estimated Number of Respondents:

124,382. 

Frequency of Response: Occasionally 

and biennially. 

Estimated Total Annual Hour Burden:

455,387. 

Estimated Total Annual Cost:

$28,532,136, includes $22,770 in 

annualized capital costs, $33,524 in 

O&M costs, and $28,475,842 in 

Respondent Labor costs. 

Changes in the Estimates: There is a 

decrease of 29,749 hours in the total 

estimated burden currently identified in 

the OMB Inventory of Approved ICR 

Burdens. This decrease is a result due 

primarily to a decrease in the universe 

of facilities affected by the hazardous 

waste generator rules.

Dated: October 27, 2004. 

Joseph A. Sierra, 

Acting Director, Collection Strategies 

Division.

[FR Doc. 04–24529 Filed 11–2–04; 8:45 am] 

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION 

AGENCY 

[SFUND–2004–0006; FRL–7833–6] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; Community Right-to-Know 

Reporting Requirements Under 

Sections 311 and 312 of the 

Emergency Planning and Community 

Right-to-Know Act (EPCRA) (Renewal), 

EPA ICR Number 1352.10, OMB 

Control Number 2050–0072

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that an Information Collection Request 

(ICR) has been forwarded to the Office 

of Management and Budget (OMB) for 

review and approval. This is a request 

to renew an existing approved 

collection. This ICR is scheduled to 

expire on October 31, 2004. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. This ICR describes the 

nature of the information collection and 

its estimated burden and cost.

DATES: Additional comments may be 

submitted on or before December 3, 

2004.

ADDRESSES: Submit your comments, 

referencing docket ID number SFUND–

2004–0006, to (1) EPA online using 

EDOCKET (our preferred method), by email to superfund.docket@epa.gov, or 

by mail to: EPA Docket Center, 

Environmental Protection Agency, 

Superfund Docket, Mail Code 5305T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, and (2) OMB at: 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attention: Desk Officer 

for EPA, 725 17th Street, NW., 

Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Sicy 

Jacob, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 564–8019; fax number: 

(202) 564–8233; e-mail address: 

jacob.sicy@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On May 21, 2004 (69 FR 29304), EPA 

sought comments on this ICR pursuant 

to 5 CFR 1320.8(d). EPA has addressed 

the comments received. 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64051

EPA has established a public docket 

for this ICR under Docket ID No. 

SFUND–2004–0006, which is available 

for public viewing at the Superfund 

Docket in the EPA Docket Center (EPA/

DC), EPA West, Room B102, 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, and the telephone number for 

the Superfund Docket is (202) 566–

0276. An electronic version of the 

public docket is available through EPA 

Dockets (EDOCKET) at http://

www.epa.gov/edocket. Use EDOCKET 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. Once in the 

system, select ‘‘search,’’ then key in the 

docket ID number identified above. 

Any comments related to this ICR 

should be submitted to EPA and OMB 

within 30 days of this notice. EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EDOCKET as EPA receives 

them and without change, unless the 

comment contains copyrighted material, 

CBI, or other information whose public 

disclosure is restricted by statute. When 

EPA identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EDOCKET. The entire printed comment, 

including the copyrighted material, will 

be available in the public docket. 

Although identified as an item in the 

official docket, information claimed as 

CBI, or whose disclosure is otherwise 

restricted by statute, is not included in 

the official public docket, and will not 

be available for public viewing in 

EDOCKET. For further information 

about the electronic docket, see EPA’s 

Federal Register notice describing the 

electronic docket at 67 FR 38102 (May 

31, 2002), or go to http://www.epa.gov/

edocket. 

Title: Community Right-to-Know 

Reporting Requirements Under Sections 

311 and 312 of the Emergency Planning 

and Community Right-to-Know Act 

(EPCRA) (Renewal). 

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 the 

Occupational Safety and Health 

Administration (OSHA) Hazard 

Communication Standard (HCS) to 

submit a list of chemicals or Material 

Safety Data Sheets (MSDSs) (for those 

chemicals that exceed thresholds, 

specified in 40 CFR part 370) to the 

State Emergency Response Commission 

(SERC), Local Emergency Planning 

Committee (LEPC) and the local fire 

department (LFD) with jurisdiction over 

their facility. This is a one-time 

requirement unless a new facility 

becomes subject to the regulations or 

updating the information by facilities 

that are already covered by the 

regulations. 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, LEPC, and 

LFD with jurisdiction over their facility. 

This activity is to be completed on 

March 1 of each year, on the inventory 

of chemicals in the previous calendar 

year.

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 in 40 

CFR are listed in 40 CFR part 9 and are 

identified on the form and/or 

instrument, if applicable. 

Burden Statement: The average 

burden for MSDS reporting under 40 

CFR 370.21 is estimated at 1.5 hours for 

new and newly regulated facilities and 

approximately 0.5 hours for those 

existing facilities that obtain new or 

revised MSDSs or receive requests for 

MSDSs from local governments. For 

new and newly regulated facilities, this 

burden includes the time required to 

read and understand the regulations, to 

determine which chemicals meet or 

exceed reporting thresholds, and to 

submit MSDSs or lists of chemicals to 

SERC, LEPCs, and local fire 

departments. For existing facilities, this 

burden includes the time required to 

submit revised MSDSs and new MSDSs 

to local officials. The average reporting 

burden for facilities to perform Tier I or 

Tier II inventory reporting under 40 CFR 

370.25 is estimated to be approximately 

3 hours per facility, including the time 

to develop and submit the information. 

There are no recordkeeping 

requirements for facilities under EPCRA 

sections 311 and 312. 

The average burden for State and local 

governments to respond to requests for 

MSDSs or Tier II information under 40 

CFR 370.30 is estimated to be 0.2 hours 

per request. The average burden for 

State and local governments for 

managing and maintaining the reports is 

estimated to be 32 hours. The average 

burden for maintaining and updating 

the 312 database is 320 hours. The total 

burden to facilities over the three-year 

information collection period is 

estimated to be 5,686,000 hours, at a 

cost of $186 million, with an associated 

state and local burden of 401,000 hours 

at a cost of $9.2 million. The burden 

hours listed here are from the 

previously approved ICR. The labor 

costs have been adjusted to December 

2003 wage rate published by U.S. 

Bureau of Labor Statistics. 

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. 

Respondents/Affected Entities:

Entities potentially affected by this 

action are those facilities required to 

prepare or have available an MSDS for 

a hazardous chemical under the Hazard 

Communication Standard (HCS) of the 

Occupational Safety and Health 

Administration. Entities more likely to 

be affected by this action may include 

chemical, non-chemical manufacturers, 

retailers, petroleum refineries, utilities, 

etc. 

Estimated Number of Respondents:

563,500. 

Frequency of Response: Annually. 

Estimated Total Annual Hour Burden:

2,028,700. 

Estimated Total Annual Cost:

$71,251,000, includes $4,000 annual 

startup/capital costs, $6,386,000 O&M 

costs and $64,861,000 annual labor 

costs. 

Changes in the Estimates: There is no 

increase or decrease in the burden hours 

or costs in the total estimated burden 

currently identified in the OMB 

Inventory of Approved ICR Burdens. 

The estimated average annual burden to 

facility respondents for reporting and 

recordkeeping activities under EPCRA 

sections 311 and 312 is same as in the 

previous ICR, 1,895,000 hours per year. 

The estimated average annual burden 

for SERCs, LEPCs, and fire departments 

is also same as in the previous ICR, 

133,700 hours. The Agency believes that 

64052 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

electronic reporting may have reduced 

burden on many facilities and the 

implementing agencies. However, EPA 

has used the same burden estimates as 

it was in the previous ICR. The 2002 

U.S. Census data have not been 

published, so EPA have applied the 

same growth factor for manufacturing 

facilities as in the previous ICR. The 

number of non-manufacturing facilities 

were also assumed to be the same as in 

the previous ICR. There are no 

programmatic changes in the reporting 

or recordkeeping requirements 

associated with EPCRA sections 311 and 

312.

Dated: October 27, 2004. 

Joseph A. Sierra, 

Acting Director, Collection Strategies 

Division.

[FR Doc. 04–24530 Filed 11–2–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0283; FRL–7675–3]

Nitrapyrin; Availability of Risk 

Assessments

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the 

availability of risk assessments that 

were developed as part of EPA’s process 

for making pesticide Reregistration 

Eligibility Decisions (REDs) and 

tolerance reassessments consistent with 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA). 

These risk assessments are the human 

health and environmental fate and 

effects risk assessments and related 

documents for nitrapyrin. This notice 

also starts a 60–day public comment 

period for the risk assessments. By 

allowing access and opportunity for 

comment on the risk assessments, EPA 

is seeking to strengthen stakeholder 

involvement and help ensure decisions 

made under FQPA are transparent and 

based on the best available information. 

The tolerance reassessment process will 

ensure that the United States continues 

to have the safest and most abundant 

food supply.

DATES: Comments, identified by the 

docket identification (ID) number OPP–

2004–0283, must be received on or 

before January 3, 2005.

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION.

FOR FURTHER INFORMATION CONTACT:

Stephanie Plummer, Special Review 

and Reregistration Division (7508-C), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–0076; e-mail address: 

plummer.stephanie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public 

in general; nevertheless, a wide range of 

stakeholders will be interested in 

obtaining the risk assessments for 

nitrapyrin, including environmental, 

human health, and agricultural 

advocates; the chemical industry; 

pesticide users; and members of the 

public interested in the use of pesticides 

on food. Since other entities also may be 

interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Copies of this 

Document and Other Related 

Information?

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPP–2004–

0283. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Public 

Information and Records Integrity 

Branch (PIRIB), Rm. 119, Crystal Mall 

#2, 1801 S. Bell St., Arlington, VA. This 

docket facility is open from 8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays. The docket 

telephone number is (703) 305–5805.

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/.

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’

then key in the appropriate docket ID 

number.

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket.

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket.

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the Docket will 

be scanned and placed in EPA’s 

electronic public docket. Where 

practical, physical objects will be 

photographed, and the photograph will 

be placed in EPA’s electronic public