Page 1 of 17

Statement Supporting the Renewal of the Information Collection Request for the Community Right
- to - Know Reporting Requirements of the Emergency Planning and Community Right
- to - Know Act 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1(a) Title of the Inf

ormation Collection 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 No. 1352.1 2. 1(b) Short Characterization This information collection request (ICR) was previously approved as OMB No. 2050

- 0072 through July 31, 20 11 , for, 3 , 792 , 432 hours. The owner or operator of any facility that is required to prepare or have available a Material Safety Data Sheet (MSDS) for a hazardous chemical under th e Occupational Safety and Health A ct of 1970 must submit an MSDS to the state emergency response commission (SERC), the local emergency planning committee (LEPC), and the local fire department for each hazardous chemical stored on

- site in a quantity greate r than the reporting threshold. Alternatively , a list of subject chemicals, grouped b y hazard type, may be submitted . The reporting threshold is 10,000 pounds unless the chemical is specifically listed as an extremely

hazardous substance (EHS) under EPCRA section 302, in which case the reporting threshold becomes 500 pounds or the threshold planning quantity (TPQ), whichever is less. The reporting threshold for gasoline (all grades combined) is 75,000 gallons and for diesel fuel (all grades combined) is 100,000 gallons, when stored entirel y underground at retail gas stations that are in compliance with UST regulations. Section 311 of EPCRA allows the public the same access to MSDSs that facilities provide to their employees. The submittal of a list of chemicals or MSDSs was a one

- time requirement, to be completed by October 17, 1987. However, facilities must submit updates to the list or MSDSs, within three months, when a hazardous chemical comes on

- site above the reporting threshold. If significant new information arises concerning a previously submitted MSDS, a facility must submit a revised MSDS. Additionally, if the SERC or LEPC receives a request, the facility must provide an MSDS, even if the hazardous chemical is stored below the reporting threshold. Section 312 of EPCRA requires owners and operators of facilities subject to section 311 to annually report the inventories of those chemicals reported under section 311. The Environmental Protection Agency

(EPA) is required to publish two emergen cy and hazardous chemical inventory forms, known as “ Tier I ” and “ Tier II, ” for use b y these facilities. The Tier I f orm provides the minimum amount of information necessary to comply

with the section. Any

facility that is required to submit an MSDS or l ist of chemicals under section 311 must submit a Tier I form annually on March 1, incorporating the chemicals reported under section 311. Tier I form is submitted to the SERC, LEPC, and local fire department. The Tier II f orm, which provides chemical

- spe cific information , should be submitted upon request by the SERC or LEPC. States were alway s given the flexibility to implement the EPCRA program as appropriate for their State to meet the goals of EPCRA, which is to prepare for and respond to releases o f EHSs and to provide the public with information on potential chemical risks in their communities. This flexibility includesPage 2 of 17

adding more chemicals, setting lower reporting thresholds and creating a reporting form or format that includes more information than is required b y the federal reporting requirements. Many States have more stringent requirements, such as additional chemicals and lower reporting thresholds. Some States developed their own inventory reporting form, including electronic reporting fo rmat and certification. Other States use the federal inventory reporting form or the federal electronic reporting format, Tier2 Submit. EPCRA authorized EPA to publish regulations and the forms for hazardous chemic al reporting. On October 15, 1987, EP A published the final rule and the emergency and hazardous chemical inventory reporting forms (Tier I and Tier II). The regulations and forms were revised in July 26, 1990

. EPA published a proposed rule on June 8, 1998 to streamline the reporting requirements f or hazardous chemical reporting and provided draft guidance on various reporting options that states may implement under EPCRA section 312. Parts of th e 1998 proposed rule were finalized in stages, February 11, 1999 and November 3, 2008

. EPA fi nalized the guidance on reporting options for States and locals on July 13, 2010. Other issues that were proposed in 1998 will be finalized in the near future. EPA estimates that 3 9 0,000 manufacturing and non

- manufacturing facilities are currentl y subj ect to reporting and recordkeeping requirements under EPCRA sections 311 and 312. The total annual burden to all facilities is estimated to be 3,772,292 hours at a cost of $ 236,884,010. There are estimated to be 3,5 5 2 SERCs and LEPCs. The total annual b urden associated with state and local activities is estimated to be 136,840 hour s at a cost of $ 4,300,484. 2. NEED FOR AND USE OF THE COLLECTION 2(a) Need/Authority for the Collection The authority for these requirements is EPCRA sections 311 and 312 (42 U.S.C. § 11011 and § 11012). Section 311 requires the owner or operator of any facility that is required to prepare or have available an MSDS for a hazardous chemical under OSHA regulations to submit an MSDS for each such chemical, or a list of chemical s, to the SERC, LEPC, and local fire department. This submittal allows local emergency

planners/responders and the community to have the same information regarding the hazards of a chemical at the facility. Section 312 requires the same owners or operato rs of facilities to annuall y report the inventories of the chemicals reported under section 311. Section 312(g) requires EPA to publish emergency and hazardous chemical inventory forms for use b y facilities subject to this section. In final rules publish ed in the Federal Register on October 15, 1987, and July 26, 1990, EPA published the two “ formats ” required under EPCRA, “ Tier I ” and “ Tier II. ” Tier I is the minimum amount of information necessary to comply with the section. Using Tier I, facilities ag gregate reportable chemicals by hazard typ e and provide the quantities and locations of the chemicals. The Tier II Form is chemical

- specific information and only needs to be submitted (in lieu of the Tier I Form) if specifically requested by

the SERC or L EPC. Currently some states require facilities to submit the federal Tier II inventory form. Other states developed their own reporting form or format. None of the states accept Tier I inventory form.Page 3 of 17

2(b) Practical Utility/Users of the Data The report s required under sections 311 and 312 are submitted to the state and local officials which will be then accessible to the public. The public will have knowledge of the hazards in their community . State and local officials also use the information submitt ed to them for developing or modifying emergency

response plans for their community

. 3. NON
- DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a ) Non - Duplication Many states have laws that require information similar to that called for b y sec tions 311 and 312 of EPCRA. EPA allows the state program to suffice for reporting provided that the minimum reporting requirements are met. The burden estimate in this I CR also includes burden imposed on facilities that comply with S tate requirements. 3( b ) Public Notice In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq .), the Agency has notified the public through the Federal Register notice on the renewal of this I CR on February 14, 2011 (76 FR 8363) . EPA received one comment from an environmental consultant

. The commenter stated that facilities should notify

the state and local officials if there are no more hazardous chemicals present on the site or if ownership changes occur at facilities. The Tier I and the Tier II invent ory forms contain a check box to indicate if the information reported is same as the previous year. The Agency has guidance in a Question and Answer format on the website at www.epa.gov/emergenies under the po licy and guidance page that facilities should notify the state and local officials if there is a change in ownership. For facilities that are covered by the emergency planning notification under EPCRA section 302 have to notify the SERC and LEPC within 30 days if any changes occur the facility relevant to emergency

planning (40 CFR 355.20(c)). Some s tates may have more stringent requirement for facilities to notify state and local agencies if any changes occur. 3( c ) Effects of Less Frequent Collection The reporting deadlines for sections 311 and 312 are set b y statute. EPA has no authority to allow less frequent collection. 3( d ) General Guidelines The collection activities specified in this renewal ICR adhere to the guidelines specified b y OMB. 3( e ) Confidentiality The respondent may

claim specific chemical identities as trade secret in reports submitted under Section 312 and in the list of chemicals and material safety data sheets submitted under Section 311.Page 4 of 17

Such information must be submitte d to EPA according to EPCRA sections 322 and 323 (40 CFR Part 350). All trade secrecy

claims submitted to EPA under EPCRA are handled and stored according to procedures set out in the Manual for Physical Handling, Security, and Protection of Files contain ing Trade Secret Claims Submitted under Sections 303, 311 and 312 of the Em ergency Planning and Community Right

- to
-Know Act (EPCRA), March 2010 . These procedures were developed for EPCRA trade secrecy

claims with the knowledge that these documents are sen sitive. Handling and review of documents containing EPCRA trade secret information is permitted only by persons who have obtained formal clearance to access the information based on a work

- related need to engage in these activities. When not being proces sed or reviewed b y authorized individuals, the claim submissions containing trade secret information are stored in restricted access areas. To ensure that appropriate handling procedures are activated and the confidentiality of EPCRA trade secret submissi ons is maintained, the Agency attaches a cover sheet to the top of each trade secret document and otherwise marks the document to clearl y identify the document as “ confidential ”

. 3( f ) Sensitive Questions The information gathering activities under this renewal ICR do not involve any sensitive questions. 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4(a) Res pondents Sections 311 and 312 are applicable to all facilities that are required to prepare or have available an MSDS for a hazardous chemical as required under OSHA and its implementing regulations

. Section 1910.1200 of the OSHA regulations provides exemptions from the definition of hazardous chemical. In addition, Section 311(e) of EPCRA excludes the following substances:

• Any

food, food ad ditive, color additive, drug, or cosmetic regulated by the Food and Drug Administration;

• Any

substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;

• Any

substance to the extent it is used for personal, family , or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public;

• Any

substance to the extent it is used in a research laboratory , h ospital, or other medical facility under the direct supervision of a technically qualified individual; and

• Any

substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale b y a retailer to the ultimate customer.Page 5 of 17

Also, reporting thresholds have been established under sections 311 and 312 (codified in 40 CFR part 370) . A facility

must report those hazardous chemicals that are present at the facility at an y time at or above the following levels:

• For hazardous c hemicals other than EHSs, the reporting threshold is 10,000 pounds.

• For EHSs, 500 pounds or the threshold planning quantity (TPQ), whichever is less.

• For gasoline, 75,000 gallons (all grades combined) and 100,000 gallons for diesel fuel (all grades combined), when stored entirel y underground at retail gas stations that are in compliance with UST regulations. 4(b) Information Requested 4(b)(i) Data Items Facilities having chemicals subject to section 311 are required to submit MSDSs for these chemical s. These MSDSs are the same as those required under OSHA regulations. A facility can also fulfill its section 311 reporting obligation by submitting a list of chemicals that are subject to the requirements, grouped by the following hazard types: fire, s udden release of pressure, reactivity , immediate health hazard, and acute health hazard. On or before March 1 of each ye ar, facilities having chemicals that need reporting must submit a Tier I Form. However, the statute requires that the Tier II Form mus t be submitted upon request by the SERC, LEPC or the fire department with jurisdiction over the facility

. Currently all states require facilities to submit federal Tier II inventory form or the state developed inventory reporting form. The Tier I Form i ncludes the following information as required by the statute:

 An estimate in ranges of the maximum amount of hazardous chemicals in each hazardous category present at the facility

at an y time during the previous ye ar;

 An estimate in ranges of the averag e dail y amount of hazardous chemicals on - site in each hazard category

present at the facility

during the preceding calendar ye ar; and

 The general location of hazardous chemicals in each category

. EPA has added the foll owing information on the Tier I form in the final rule published on October 15, 1987 ( 52 FR 38344) and July 26, 1990 (55 FR 30632 )

.

 NAI CS code and Dun and Bradstreet number of the facility

 E mergency

contact (added to give SERCs, LEPCs, and local fire departments a contact at the facility

who could clarify

information at any

time, particularl y in the event of an emergency); andPage 6 of 17

 Number of day s on - site (added to produce a more accurate estimate of the average daily amount, particularl y for those chemicals that are on

- site for onl y a short period of time each ye ar). The Tier II Form includes the following information as required by statute:

 The chemical name or the common name of the chemical as provided on the material safety data sheet ;

 An estimate ( in ranges ) of the maximum amount of the hazardous chemical present at the facility at any time during the preceding calendar year ;

• An estimate ( in ranges ) of the average daily amount of hazardous chemical present at the facility during the pre ceding calendar ye ar;

• A brief description of th e manner of storage of the hazardous chemical; and

• The location of the hazardous chemical within the facility

. The following data elements were added to the Tier II form in the final rules published on October 15, 1987 and July

26, 1990.

• CAS number to identify more accurately

each chemical that is reported;

• The phy sical state to help identify the type of hazard a chemical represents in an emergency ;

• The phy sical and health hazards associated with the chemical;

• Primary NAI CS code and Dun an d Bradstreet number of the facility

• Two emergency

contacts (added to give SERCs, LEPCs, and local fire departments a contact at the facility

who could clarify

information at any

time, particularly

in the event of an emergency); and

• Number of day s on - site (added to produce a more accurate estimate of the average daily amount, particularl y for those chemicals that are on

- site for onl y a short period of time each ye ar). 4(b)(ii) Respondent Activities To determine if it is subject to section 311, a facility must look at inventory

records for all of its chemicals that are required to have MSDSs. The facility would also have to review the EHS list to determine if any of its chemicals are subject to a lower reporting threshold.Page 7 of 17

If the facility

determine s that it has chemicals that must be reported, it must determine the address of the SERC, LEPC, and local fire department. Copies of the MSDSs for these chemicals may be submitted, or if preferred, the facility may provide a list of the subject chemicals grouped b y hazard type. To use the list option, the facility would have to read the MSDS to determine into which of the five hazard ty pes the chemical falls and to identify it on the list. The same chemicals that a facility would need to report under sec tion 311 would need to be reported under section 312. To complete the Tier I I form, the facility would need to monitor its inventory records for the chemical (to determine the inventory information), add the quantities together for chemicals having the same hazards, and determine the correct code for the total quantity

. A site map may

be easier to show locations of hazardous chemicals, or the facility may choose to provide the general location. As mentioned in the previous section of this document, all s tates now require facilities to submit the federal Tier II inventory form or the state developed inventory reporting format, including electronic submission. 5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5(a) Agency Activities No information provided under sections 311 and 312 is sent to EPA. All of the information is collected and kept at the state and local agencies. EPA developed an electronic reporting software , Tier2 Submit , for facilities to submit their hazardous chemical inventory form

. Some states use Tier2 Submit and s ome states have created software using their own resources and require facilities to submit electronically

. Eight to ten states request EPA to add state specific fields to the Tier2 Submit. 5(b) Collection Methodology and Management EPA does not receive the data; therefore, EPA does not have any special data collection methodology and management.

. 5(c) Small Entity Flexibility The burden hours for small businesses are considered to be smaller than those for large facilities because of the reduced number of chemicals present at smaller facilities.Page 8 of 17

5(d) Collection Schedule The frequency

of collection for these sections of EPCRA is required by statute. The submitt al of a list of chemicals or MSDSs under Section 311 is a one

- time requirement, unless significant new information arises concerning a previously submitted MSDS, in which case, a facility should submit a revised MSDS. Facilities must submit updates to the list or MSDSs, within three months, when a new hazardous chemical comes on

- site ab ove the reporting threshold. The facilities subject to Section 312 is required to submit either Tier II (or state equivalent) on March 1 annually

. 6. ESTIMATING THE BURD EN AND COST OF THE COLLECTION 6(a) Estimating Respondent Burden EPA estimated the respondent burden hours and costs associated with all recordkeeping and reporting requirements of EPCRA sections 311 and 312. EPA estimates that there are 39 0,000 faciliti es that may be subject to the requirements covered by this ICR. EPA estimates that out of 39 0 ,000 facilities, there are 1 20 ,000 manufacturers and 2 70 ,000 non - manufacturers. There is an increase of 40,000 facilities from the previous ICR based on the numb er of facilities Tier II data contained on the E

- Plan database. As of November 2010, E

- Plan contains Tier II data from 36 states. EPA used this data to estimate the total number of respondents. (Note: E

-Plan is a database system developed for first res ponders and other emergency preparedness personnel with on

-site hazardous chemical information around the U.S. Some states require facilities to submit their hazardous chemical inventory information via E

-Plan). According to the Census data in 200 6 and 200 8 , there is a decline in the number of manufacturing facilities. However, EPA estimates that during the period covered b y this I CR, there will be a slight increase in the number of manufacturers and non

- manufacturers. As in the previous I CR, EPA estim ates for the three years covered by this ICR, there will be 420 ( 140 annually) new facilities covered by the requirements under sections 311 and 312. The initial reporting burdens such as reading and understanding regulations and section 311 submission( s) for currently covered facilities under EPCRA sections 311 and 312 are assumed to have occurred and are not included in this I CR. This ICR accounts for reporting updates under section 311, annual reporting and recordkeeping activities under section 312 that appl y to all currentl y regulated facilities, as well as all initial reporting burdens for new facilities that are expected to become subject to the reporting requirements over the three

- ye ar ICR

- approval period. The estimated burden to complete each reporting and recordkeeping activity is outlined below. There are estimated to be 3,5 0 0 LEPCs and 52 SERCs

. These numbers are assumed to remain the same during the period covered b y this ICR. The unit burden estimates associated with this collection f or facilities is in Exhibit 1. For S tate and local agencies the unit burden estimate is i n Exhibit 1

. Read and Understand Regulations EPA estimates that 1 4 0 newly regulated facilities will need to read and understand the regulations (40 CFR Part 370). SERCs and LEPCs are assumed to have already completed the rule familiarizationPage 9 of 17

activities. EPA assumes that it takes an average of 11.0 hours per facility to read and understand regulations in 40 CFR Part 370. Section 311: MSDS Reporting for Facilitie s (40 CFR 370.21) EPA estimates that 1 4 0 newly regulated facilities will need to determine which chemicals exceed the threshold limits

. Of this universe, EPA estimates that 30 percent ( 42 facilities) will submit MSDSs to LEPCs, SERCs, and local fire departments. Alternatively , facilities may submit a list of hazardous chemicals grouped b y hazard category or a list of the chemical or common names of each hazardous chemical in lieu of submitting an MSDS. Based on these options, 70 percent ( 9 8 facilities) are expected to submit such lists. Of those facilities submitting lists in lieu of MSDSs, all facilities ( 91 facilities) are expected to elect the option of submitting a list of hazardous chemicals grouped b y hazard category . Facilities may comply with this option by

simply copying their Tier II form. In addition, EPA estimates that 19,5 00 facilities (five percent of the 39 0 ,000 facilities reporting under section 312) will need to submit a revised MSDS(s) and the same number of facilities (1 9 ,500 fac ilities) will need to submit a new MSDS(s) in accordance with 40 CFR 370.21(c)(1) and (2). This activity represents the incremental burden for a facility that has acquired a new chemical or has otherwise changed its inventory . Because little information is required from facilities after the initial submittal, EPA also estimates that only one p ercent of the total universe ( 3,9 0 0 facilities) may be specifically requested to submit an MSDS in accordance with 40 CFR 370.21(d). Unit burden for each activity under section 311 is in Exhibit 1. Section 312: Inventory Reporting for Facilities (40 CFR 370.25) The inventory

reporting burden applies to new and currentl y covered facilities. Although EPA published two inventory

forms, Tier I and Tier II, all the St ates accepts only Tier II or form developed by States. Approximately

43 states accept inventory forms electronicall y, either Tier2 Submit or the state developed electronic reporting format. EPA is not aware of any States that will accept Tier I form. Th erefore, EPA did not account an y burden for complying with Tier I form. Tier II form or State developed forms are useful for developing emergency response plans since these forms contain detailed information than Tier I. For this I CR, EPA assumes small facilities are those less than 100 employees, medium facilities are those that have up to 500 employees, and large facilities are those greater than 500 employees. These assumptions are used for both manufacturers and non

- manufacturers. The majority of facilities in the non - manufacturing sector st ore few chemicals in amounts that exceed reporting thresholds in relation to the number stored at manufacturing facilities. The corresponding burden estimates for completing Tier II inventory forms are lower fo r non - manufacturing facilities. Small manufacturers and non

- manufacturers are assumed to take 1 to 8 hours annuall y to gather information and submit their inventory form

. For this ICR, EPA applied the average of 6 hours for small manufacturers and 4 hour s for small non manufacturers. Facilities that EPA has contacted in prior years have informed us that when the regulations were promulgated in 1987, gathering information and completing the form took longer time. It is now easier since the information is u sually same as previous ye ar and also majority of facilities submit their inventory

electronicall y. Medium size facilities are estimated to take 8 to 8 0 hours annually

.Page 10 of 17

These facilities are assumed to have up to 15 chemicals that may exceed reporting thresholds. For this ICR, EPA applied 80 hours for medium manufacturers

. Large manufacturers that EPA contacted previously have informed us that it takes 8 hours to 120 hours to gather info rmation and complete the form. These facilities may have up to 2 5 chemicals that may exceed reporting thresholds. For these facilities, EPA applied 1 20 hours for large manufacturers

. EPA also contacted one small and one large non - manufacturer in prior years . They have informed the Agency that it takes 6 hours for sma ll manufacturer and 40 hours for large non

- manufacturer to complete and submit the form under section 312. EPA then used the average, 23 hours to apply for medium size non

- manufacturers. Although EPA believes that most of the facilities burden may have reduced since most states require electronic reporting, E PA is using the same estimates from the previous I CRs. Most of the S tates require facilities to submit using electronic reporting method that State created or the Tier2 Submit

. Therefore, the burden incurred on these facilities is lower than those submitting in paper form. EPA believes that those facilities submitting electronically will have the Tier II or the State form stored which can be revised easily . Most of the information may be the same as previous year. Although the burden incurred may be lower for those submitting electronically , EPA applied the same unit burden for both electronic submitters and paper submitters. Information Requests for SERCs and LEPCs (40 CFR 370.30) In formation request burdens in 40 CFR 370. 61 are incurred b y LEPCs and SERCs. These agencies are required to provide public access to the MSDSs and Tier I/II forms submitted by facilities. EPA estimates that the LEPCs or SERCs will be requested to provide MSDSs to the public for one percent of the total universe of facilities reporting Tier I or Tier II inventories annuall y ( 3,9 00 facilities). SERCs and LEPCs are also estimated to provide Tier II information on one percent of the same universe of facilities ( 3, 9 00 facilities) as a result of requests from the public for such information. Data Management for SERCs and LEPCs SERCs and LEPCs receive annual inventory forms from facilities, which they must make available to the public on request. The level of effo rt needed to manage these forms varies depending on both the number of forms received and the way s the LEPC or SERC uses the data. Smaller LEPCs receive few forms each year; LEPCs in industrialized areas or that cover several counties and SERCs may receiv e a large number of forms. The degree to which the information is used depends on whether the LEPC or SERC has the resources to activel y handle the data. Based on earlier discussions with LEPCs, EPA determined that small LEPCs spend on average five hours a ye ar handling the forms; large LEPCs may spend as much as three months processing the forms. SERCs supported by fees are also likely

to spend considerable time on the data. As in the previous I CR, EPA developed a weighted average of 32.5 hours a year, based on the assumption that 120 LEPCs and 27 SERCs would devote considerable effort organizing and checking the data. In addition, a limited number of SERCs and LEPCs have developed databases and input the 312 data into their CAMEO software systems. Ba sed on discussions with LEPCs that have databases, EPA estimates that this effort would require two months or 320 hours. The number of SERCs and LEPCs with databases is estimated to be 45, a third of the SERCs and large LEPCs. About 43 states have the ca

pability to accept inventory forms electronically

. 6(b) Estimating Respondent CostsPage 11 of 17

The annual costs to respondents were estimated b y multiplying the respondent burden estimates for each labor category

by the corresponding labor rate for that catego ry . The unit costs for each respondent or activity

are then multiplied by

the number of respondents or activities performed on an annual basis to yield a total cost for each information collection activity in Section 6(d). These costs are shown in Exhibit 1. EPA estimates an hourl y respondent labor cost for manufacturing facility respondents of $ 58.18 for managerial staff

, $ 58.18 for technical staff and $27.87 for clerical staff including wages and benefits. Hourly respondent labor costs for non

- manufacturing facility respondents are estimated at $ 48.36 for managerial staff

, $ 48.36 for technical staff and $21.35 for clerical staff including wages and benefits

. (Source: Bureau of Labor and Statistics December 2010) EPA estimates an hourl y respondent lab or cost (including overhead) for LEPCs and SERCs of $ 48.93 for managerial staff, $ 48.09 for technical staff and $ 28.05 for clerical staff. (Source: Bureau of Labor and Statistics December 2010) Capital and O&M Costs Approximately

40 states require faci lities to submit their inventory reports electronically

. Therefore, EPA estimates that only the remaining states would be storing these reports in file cabinets. However, EPA assumes that some LEPs and fire departments do not have the capability to store these reports electronicall y, so these agencies would need to purchase file cabinets. Capital costs include the cost of space required to store information in filing cabinets. Given that the standard

- size, five

- drawer, lateral file cabinet is expected to hold approximately 36,000 pages of material, EPA estimates that the LEPC s and fire departments would need to purchase approximately 100 file cabinets within the time period of this I CR. (EPA assumed that MSDSs are four pages and inventory forms one page and that the SERC and LEPC or fire department (but not both) would maintain the records.) Facilities are assumed to need onl y 10 file cabinets to maintain copies of their annual inventory reports; the cost for storing MSDSs for facilities is covered by th e OSHA’s hazard communication standard (29 CFR 1910.1200). Using an estimated cost of $600 per filing cabinet, the cost of purchasing the 100 filing cabinets is estimated to be $60,000. Annualizing the costs over 15 ye ars, a single file cabinet has annual cost of $40. State and local governments are assumed to incur capital costs in the form of filing cabinets for the storing new and revised MSDSs, lists of hazardous chemicals, and the annual inventory reports. State and local governments are expected to incur postage costs to provide MSDSs upon written request and to provide Tier II information upon written request. In addition, facilities were assumed to incur postage costs for mailing new and revised MSDSs, lists of hazardous chemicals, and the annu al invent ory reports. Postage is estimated to cost $5 per certified package. Although some facilities covered b y these regulations are now submitting 312 reports electronically , EPA kept the estimates derived in the previous ICR for capital and O&M cost s for SERCs, LEPCs and facilities.Page 12 of 17

Estimating Agency Burden and Cost E PA estimates no annual Agency burden associated with this I CR. Only state and local government entities will incur burden and cost to manage information submitted by facilities. EPA update the electronic reporting software, Tier2 Submit annually and accommodate state requests b y including state required fields. 6(d) Estimating Total Annual Respondent Burden Exhibit 4 presents the respondent burden for each information collecti on activity and for the sum of all information collection activities performed by each respondent type. Exhibit 2 and 3 present the hour and cost burden for SERCs and LEPCs for implementing the program. Exhibit 5 and 6 show the capital and O&M costs to f acilities over the three

- ye ar information collection period. The total average annual respondent burden for facilities is 3, 772 , 2 9 2 hours, for a total annualized cost of $ 236,884,010

. The total average annual respondent burden for state and local governm ents for the three

- ye ar period is 13 6 , 84 0 hours, for a total annualized cost of $ 4,300,484. These burden estimates are summarized in Exhibits 5 and 6.

6 (e) Bottom Line Burden Hours and Cost The total burden to facility respondents over three years is 1 1,316,876 hours at a cost of $ 710,652,030 . The total burden to LEPC and SERC respondents over three years is 4 10,520 hours at a cost of $ 12,901,453 . Exhibits 5 and 6 present a summary of the bottom line burden and cost estimates for section 311 and 312 reporting for facilities and state and local governments, respectivel y. 6(f) Reasons for Change in Burden The estimated average annual burden for facilities for reporting and recordkeeping activities under EPCRA sections 311 and 312 is 3, 772,292 hours per year. There is an increase of 116,70 0 hours from the previous I CR for the facilities. There is an increase in the number of respondents from the data extrapolated from the number of facilities Tier II data on the E

- Plan.
6(g) Burden Statement Th e average burden for MSDS reporting (basic and additional reporting) is estimated at 6.75 hours for new facilities . Additional reporting, which is to submit revised and new MSDSs for currentl y covered and new facilities is 2 hours . The average burden for new and currentl y covered facilities to submit MSDS upon request is 1 hour. The average burden to comply with Tier II inventory

reporting for small, medium and large manufacturers is 8, 80 and 120 hours, respectively

. The average burden to comply with T ier II inventory

reporting for small, medium and large non

- manufacturers is 6, 20, and 40 hours, respectivel y. There are no recordkeeping requirements for facilities under EPCRA sections 311 and 312 although it is assumed that they will maintain a copy

of annual reports to use for future filings. The recordkeeping for MSDSs is mandated under OSHA rules.Page 13 of 17

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 one hour per request. The average burden for managing and maintaining the reports and MSDS files is estimated to be 32.5 0 hours. The average burden for maintaining and updating a 312 database is estimated to be 320 hours. Burden means the total time, effort, o r financial resources expended b y 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 s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to compl y with any previously

applicable instructions and requirements; train per sonnel 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 I CR under Docket ID number EPA

HQ

- SFUND

- 2004

- 0006, which is available for online viewing at www.regulations.gov, or in person viewing at the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is o pen from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. 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 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 s ys tem, select “search,” then key

in the D ocket 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, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA

- HQ

- SFUND

- 2004

- 0006 and OMB Control Number 2050

- 0072 in any correspondence.Page 14 of 17 E xhibit 1 Section 311 and 312 Reporting and Recordkeeping Requirements

Estimated Unit Burden and Cost

Facilities
Informatio n Collection Activity Annual Unit Hours Total Hours Annual Unit Cost Legal Management Technical Clerical RULE FAMILIARIZATION Read and understand regulations 1.00 2.50 7.5 0.00 11.00 $681.80 MSDS REPORTING Basic Reporting Determine which chemicals meet/exceed the thresholds (new facilities) 0.00 1.00 3.00 0.00 4.00 $ 232.72
Submit MSDSs to SERC, LEPC, and fire department (new facilities) 0.00 0.25 1.00 0.50 1.75 $ 86.65 Alternative Reporting Submit list of hazardous chemicals grouped by hazard category (new facilities) 0.00 0.00 1.00 0.25 1.25 $ 65.15 Submit revised MSDSs (new and currently covered facilities) 0.00 0.25 0.50 0.25 1.00 $ 50.59 Submit new MSDSs (new and currently covered facilities) 0.00 0.25 0 .50 0.25 1.00 $ 50.59 Additional Reporting Submit MSDS upon request (new and currently covered facilities) 0.00 0.25 0.50 0.25 1.00 $ 50.59

INVENTORY REPORTING Basic Reporting Develop and submit Tier II (new and currently covered facilities

Manufacturers

Small 1.00 1.00 6.00 0.00 8.00 $507.26 Medium 2. 00 4.00 7 4 .00 0.00 80.00 $ 4,738.04 Large 4 .00 8.00 10 8 .00 0.00 120.00 $ 7,148.88 Non -manufacturers

Small 1.00 1.00 4 .00 0.00 6 .00 $ 3 90.90 Medium 2 .00 2 .00 16 .00 0.00 2 0.00 $ 1, 247.24 Large 4 .00 4 .00 32 .00 0.00 40 .00 $ 2, 669.02Page 15 of 17 Exhibit 2 Sections 311 and 312 Reporting and Recordkeeping Requirements

Estimated Unit Burden and Cost State and Local Governments

Annual Unit Hours Total Hours Annual Unit Cos t Legal Managem ent Technical Clerical INFORMATION REQUESTS File and maintain annual inventory forms and data 0.00 0.00 5.0 27.5 32.50 $ 1,011.82 Input data and maintain database of 312 data 0.00 0.00 40.0 280.00 320.00 $9, 777.60 Provide MSDSs upon written request 0.00 0.00 0.50 0.50 1.00 $ 38.06 Provide Tier II information upon w ritten request 0.00 0.00 0.50 0.50 1.00 $ 38.06

Exhibit 3 Sections 311 and 312 Reporting and Recordkeeping Requirements

Estimated Annual Burden State and Local Governm ents

Number of Respondents Annual Hours Burden Total Hours Burden Annual Cost Legal Managem ent Technical Clerical INFORMATION REQUESTS File and maintain annual inventory forms and data 3 , 552 0.00 0.00 17,760 97,680 115,440 $3,594,002 .40 In put data and maintain database of 312 data 45 0.00 0.00 1,800 12,600 14,400 $439,992 .00 Provide MSDS on w

ritten request 3,500 0.00 0.00 1,750 1,750 3,500 $133,245 .00 Provide Tier II information upon w ritten request 3,500 0.00 0.00 1,750 1,750 3,500 $133, 245 .00 Total 136,840 $4,300,484 .40Page 16 of 17 Exhibit 4 Section 311 and 312 Reporting and Recordkeeping Requirements

Estimated Annual Burden and Cost

Facilit ies Number of Respondents Legal Management Technical Clerical Total Hours Burden Annual Cost RULE FAMILIARIZATION Read and understand regulations 1 4 0 1 4 0 325 975 0.00 1,4 4 0 $ 8 9 , 634 .00 MSDS REPORTING Basic Reporting Determine which chemicals meet/exceed the thresholds (new facilities) 1 4 0 0.0 0 1 4 0 390 0.00 5 3 0 $ 30,835.40
Submit MSDSs to SERC, LEPC, and fire department (new facilities) 39 0.00 9.75 39 19.50 68.25 $ 3,379.74 Alternative Reporting Submit list of hazardous chemicals grouped by hazard category (new facilities) 91 0.00 0.00 9 1.00 22.75 1 13.75 $ 5, 928.42 Submit revised MSDSs (new and currently covered facilities) 1 9 ,500 0.00 4, 8 75 9 ,750 4, 8 75 1 9 ,500 $ 986,748.75 Submit new MSDSs (new and currently covered facilities) 19 ,500 0.00 4,8 75 9 ,750 4,8 75 19 ,500 $ 986,748.75 Additional Reporting Submit MSDS upon request (new and currently covered facilities) 3, 9 00 0.00 9 75 1, 9 50 9 75 3, 9 00 $ 197,349.75 Subtotal 40,652 $ 2,300,624.81 INVENTORY REPORTING Basic Reporting Develop and submit Tier II (new and currently covered faci lities

Manufacturers

Small 107,400 107,400 107,400 644,400 0.00 859,200 $ 54,479,724 Medium 9,000 18,000 36,000 666,000 0.00 720,000 $ 42,642,360 Large 3, 600 1 4,400 2 8,800 388,800 0.00 432,000 $ 25,735,968 Non -manufacturers

Small 2 65,14 0 2 65,140 265,140 1,060,560 0.00 1,590,840 $ 103,643,230 Medium 3,2 40 6,480 6,480 51,840 0.00 64,800 $ 4,041,057 Large 1,62 0 6,480 6,480 51,840 0.00 64,800 $ 4,041,057 Subtotal 3,731,640 $ 234,583,386 Total (Facilities) 3,772,292 $ 236,884, 010Page 17 of 17 Ex hibit 5 Summary of Total Burden and Cost Estim ates

Facilities

Total Hours Burden (Hours) Total Cost

Labor Capital O&M Annual 3, 772,2 9 2 $ 236,884,010 $900 $6,33 0 ,300 Three
- Ye ar 1 1,316,8 7 6 $ 710,652,030 $2,700 $18,99 0 ,900

Exhibit 6 Summary of Total Burden and Cost Estim ates

SERCs and LEPCs

Total Hours Burden (Hours) Total Cost

Labor Capital O&M Annual 136,840 $ 4,300,484 $2,700 $56,000 Three
- Ye ar 410,520 $ 12,901,453 $8,100 $168,000