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Statement Supporting the Revisions to the Tier I and Tier II Hazardous Chemical Inventory Reporting Forms (Proposed Rule) f or 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 Information Collection Request Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) , Section 312 of the Emergency Planning and Community Right

- to - Know Act (EPCRA) ; Proposed Rule

– EPA No. 2436.01
. 1(b) Short Characterization This information collection request (ICR) estimates the burden and costs associated with proposing additional new data elements proposed to the Hazardous Chemical Inventory forms, Tier I and Tier II under section 312 of EPCRA. Sections 311 and 312 of EPCRA apply to the owner or operator of an y facility that is required to prepare or have available a Material Safety Data Sheet (MSD S) for a hazardous chemical under the Occupational Safety and Health A ct of 1970 and its implementing regulations. Under section 311 of EPCRA, these facilities are required to submit an MSDS to the state emergency response commission (SERC), the local eme rgency planning committee (LEPC), and the local fire department for each hazardous chemical stored on

- site in a quantity greater than the reporting threshold. Alternativel y, a list of subject chemicals, grouped b y hazard t ype, 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 le ss. 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 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 emergency and hazardous chemical inventory forms, known as “ Tier I ” and “ Tier II, ” for use b y these facilities. These forms were published in October 1987 and amended in July

1990. EPA is now proposing some additional data elements and revise some existing data elements to the Tier I and Tier II forms. The Tier I f

orm provides the minimum amount of information necessary to comply

with the section. An y facility that is required to submit an MSDS or list of chemicals under section 311 must submit a Tier I form annually o n 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

- specific information, is submitted in lieu of the Tier I f orm onl y if spec ificall y requested b y the SERC or LEPC.Page 2 of 10

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 of EHSs and to provide the public with information on potential chemical risks in their communities. This flexibility includes adding more chemicals, setting lower reporting thresholds and creating a reporting form or format that includes more information than i s 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 format and certification. Other States use the federal inventory reporting form or the federal electronic reporting format, Tier2 Submit. The data elements that EPA is proposing to add are for the federal emergency and hazardous chemical inventory

reporting form s, Tier I and Tier II. EPA is also proposing to revise some existing data elements to ease reporting for facilities and make the forms more user

- friendly
. The new data elements that EPA is proposing are requested b y state and local agencies for improving their emergency response plans in their community. EPA estimates that 3 9 0,000 manufacturing and non

- manufacturing facilities are currentl y subject to reporting and recordkeeping requirements under EPCRA sections 311 and 312. EPA believes that this proposed rule w ould impose only minimal burden since the data elements EPA is proposing are readily available to facilities. The data elements that we are proposing to add are related to facility identification information and contact information for the parent company , owner or operator of the company , facility emergency

coordinator etc. The se elements usually would not change from year to year. The data elements that we are revising would ease reporting for facilities and make forms more user

- friendly. The total one

- time burden for facilities is estimated to be 9 7,500 hours at a cost of $5,0 09 ,7 0 0. There are estimated to be 3,5 5 2 SERCs and LEPCs. As of 2010 reporting year, there are onl y 20 states that have developed their own reporting format. EPA estimates that each of these state s would spend approximately 20 0 hours , initially in the first year when the rule becomes effective to modify the ir electronic reporting software to add and revise existing data elements at a cost of $50,000

. Approximatel y 23 states currentl y use Tier2 Submit, the electronic reporting format that EPA developed. The c ost associated with adding new data elements is estimated to be $50,000. 2. NEED FOR AND USE OF THE COLLECTION 2(a) Need/Authority for the Collection The authorit y for these requirements is EPCRA section 312 (42 U.S.C. § 11012). Section 312 requires the same owners or operators of facilities subject to section 311 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 by

facilities subject to this section. In final rules published in the Federal Register on October 15, 1987, and amended on 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 aggregat e reportable chemicals b y hazard t yp 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 b y the SERC or LEPC.Page 3 of 10

EPA is now proposing to revise Tier I and Tier II forms to require some additional data elements and revise some existing data elements. 2(b) Practical Utility/Users of the Data The reports 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 use the information submitted to them for developing and 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 sections 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 al so includes burden imposed on facilities that comply with S tate requirements. 3( b ) 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( c ) General Guidelines The collection activities specified in this I CR adhere to the guidelines specified by OMB. 3( d ) 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. Such information must be submitted according to EPCRA sections 322 and 323 (40 CFR Part 350). All trade secrecy

claims submitted to EPA under EPCRA are handled and stored acco rding to procedures set out in the Manual for Physical Handling, Security, and Protection of Files containing 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 sensitive. Handling and review of documents containing EPCRA trade secret information is permitted only by persons who have obtained formal clear ance to access the information based on a work

- related need to engage in these activities. When not being processed 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 submissions is maintained, the Agency attaches a cover sheet to the top of each trade secret document and otherwise marks the document to clearl y ident ify

the document as “ confidential ”
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3( e ) 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) Respondents Section 312 is applicabl e 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 che mical. In addition, Section 311(e) of EPCRA excludes the foll o wing substances:

• Any

food, food additive, 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 distributi on and use by the general public;

• Any

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

• Any

substance to the extent it is used in r outine agricultural operations or is a fertilizer held for sale b y a retailer to the ultimate customer. Also, reporting thresholds have been established under sections 311 and 312 (codified in 40 CFR part 370) . A facility

must report those hazardous chem icals that are present at the facility at any time at or above the following levels:

• For hazardous chemicals 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 ItemsPage 5 of 10

On or before March 1 of each ye ar, facilities having chemicals that need reporting must submit a Tier I Form. However, the Tier II Form must be submitted upon request by the SERC, LEPC or the fire department with jurisdiction over the facility Cur rently all states require facilities to submit the federal Tier II inventory

form or the state developed inventory reporting form or electronic reporting format
. The Tier I Form includes the following information as required b y 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 average dail y amount of hazardous chemicals on - site in each hazard category

prese nt 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 rules published on October 15, 1987 ( 52 FR 38344 ), July 26, 1990 ( 55 FR 30632 ) and November 3 , 2008 (73 FR 65452)
.

• 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); 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 eac h year). 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 safet y 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 the 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 f orm in the final rules published on Octob er 15, 1987 , Ju ly

26, 1990 and November 3 , 2008.Page 6 of 10

• CAS number to identify more accurately

each chemical that is reported;

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

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

• Primary NAI CS code and Dun and 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). EPA is now proposing to add so me new data elements to Tier I and Tier II forms and revise some existing data elements on the Tier II form. EPA is proposing to add the following data elements t o both Tier I and Tier II forms although Tier I inventory form is no longer used b y any state , but the statute require s EPA to publish both forms.

• Phone number and the Latitude and Longitude of the facility ;

• Number of full

- time employees;

• Facilit y identification numbers assigned under the Toxic Release Inventory and the Risk Management Programs;

• Name, address, phone number and email address for the owner or operator of the company;

• Name, address, phone number, Dun & Bradstreet number and email address of the parent compan y;

• Name, title, email address, phone number and 24

- hour phone number of the facility emergency

coordinator;

• Name, title, email address, phone number of the person knowledgeable of the information reported on the Tier II form;

• Email address of the emergency contacts;

• To indicate whether the facility is subject to se ction 302 of EPCRA ; and

• To indicate whether the facility is subject to section 112 (r) of CAA.Page 7 of 10

Since the statute specifically states that an estimate in ranges for the maximum amount and average dail y amount should be reported on the Tier I and Tier II inventory forms, the regulations may only require reporting of these amounts in ranges. The range codes currently listed in the regulations are very broad. However, in order for the States, local agencies and emergency response officials to have information on the maximum amount and average daily amount that are closer to the actual amounts present at the facility , EPA is proposing to narrow the ranges that are in the existing regulations. The new range codes and the ranges that the Agency is proposing to both Tier I and Tier II forms make reporting easier for facilities and make information read ily available to state and local agencies. EPA is also proposing to revise some existing data elements under the chemical reporting section of the Tier II inventory

form. Currently

the form includes only

one entry to report pure chemical and
. mixtures. The proposed form include two separate entries, one for pure chemical and one for mixture which will make reporting easier for facilities and make the form more user friendl y for states and local agencies. Currently the Tier II form requir es facilities to report a code specified in the regulations f or storage conditions and storage t ypes. In this rule, EPA is also proposing facilities to report the storage types (i.e. steel drum, underground tank) and storage conditions (i.e. ambient tempe rature, ambient pressure) rather than reporting the codes. 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 w ould also have to review the EHS list to determine if an y of its chemicals are subject to a lower reporting threshold. If the facility

determines 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 whi ch 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 section 311 would need to be reported under section 312. To complete the Tier 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 o f hazardous chemicals, or the facility may choose to provide the general location. As mentioned in the previous section of this document, all states 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 MANAGEMENTPage 8 of 10

5(a) Agency Activities No info rmation provided under section 312 is sent to EPA. All of the information is collected and kept at the state and local agencies. EPA developed the electronic reporting format, Tier2 Submit and is modified annuall y. EPA also input State required data fields requested b y the State. Approximately 10 states request EPA to input new data fields annually
. The Agency would be revising the Tier2 Submit to include the new data elements and revise the existing data elements discussed in the proposed rule. 5(b) Collection Methodology and Management EPA does not receive the data; therefore, EPA does not have an y special data collection methodology and management. EPA created a computer software for use by facilities to submit Tier II reports , Tier2 Submit
. Approximately 20 states use Tier2 Submit. Other states have created their own software using their own resources and require facilities to submit electronically (online or diskette)
. Few states still accept paper submission.
. 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. For the additional data elements discussed in the proposed rule , EPA is considering the same burden for small and large facilities. 5(d) Collection Schedule The frequency

of collection for these sections of EPCRA is required by statute. The facilities subject to Section 312 is required to submit either Tier I or Tier II (upon request) by March 1 annually
. 6. ESTIMATING THE BURDEN AND COST OF THE C OLLECTION 6(a) Estimating Respondent Burden EPA estimates that there are 39 0,000 facilities may be subject to reporting the new data elements in the proposed rule. EPA estimates that out of 3 9 0,000 facilities, there are 1 20 ,000 manufacturers and 2 70 ,000 non
- manufacturers. As mentioned earlier in the document, EPA estimates the same unit burden for small, medium and large facilities since the time required to report the new data elements that EPA is proposing will be the same for all facilities. All states now require facilities to submit the federal Tier II form or the state developed reporting form or format instead of the Tier I inventory form . Therefore this I CR only accounts the burden imposed for reporting the Tier II or the state developed reporting form or format. The new data elements that the Agency is proposing are readil y available to facilities. EPA estimates that it takes approximately 15 minutes (0.25 hours) for a technical staff at each facility to record new data elements on the Tier II form. Total burden for manufacturers to report the new data elements on the Tier II form is 26,250 hours. Total burden for non

- manufacturers to report the new data elements on the Tier II form is 61,250 hours. ThePage 9 of 10

new data elements that EPA is proposing may not change yearl y for an y facilities
. Approximately 40 states require facilities to submit their inventory form electronically . For these facilities, an y changes that may occur for an y of the new data elements can be revised with little or n o burden. Therefore the burden associated with this I CR is not expected to incur after the initial reporting. The existing data elements that EPA is proposing to revise on the Tier II form would ease reporting for facilities and make the form more us er - friendl y for state and local agencies. As of reporting ye ar 2010, approximately 20 states have their own electronic reporting tool for submitting hazardous chemical inventory . Based on the federal cost and hours to make changes to the Tier2 Submit, EPA estimates that each state would spend app roximately 200 hours to add new data elements and revise existing data elements to their existing software at a cost of $50,000. The cost s include initial analy sis, design, programming, alpha and beta testing, and field deploy ment. Data management burd en for State and local agencies is not estimated in this I CR since the new data elements will be part of the inventory form that these entities receive annually
. 6(b) Estimating Respondent Costs The annual costs to manufacturers were estimated by multiplying the respondent burden estimate f or manufacturing facilit ies by the labor rate for the technical staff for rep ort ing the information for the new data elements that EPA is proposing. The annual costs to non

- manufacturers were estimated b y multiplying the respondent burden estimate for non

- manufacturing facilities by the labor rate for the technical staff responsible for recording the information for the new data elements that EPA is proposing. EPA estimates an hourl y respo ndent labor cost for a technical staff at a manufacturing facility is $ 5 8.18 , including wages and benefits. Hourly respondent labor cost for a technical staff at a non manufacturing facility is es timated at $4 8
. 3 6 . ( Source: Bureau of Labor and Statistics, December 2010) Capital and O&M Costs There are no capital or O&M costs associated with this proposed rule. States will be using their existing computer software to add the new data elements or revise the existing data elements. Estimating Agency Burden and Cost E PA estimates that it will cost the Agency approximately $ 50 ,000 to make changes to the electronic reporting software, Tier2 Submit, for adding new data elements and revising the existing data elements
. 6(d) Estimating Total Annual Respondent Burden T he total respondent burden for 3 9 0,000 f acilities (1 20 ,000 manufacturers and 2 70 ,000 non
manufacturers) is 9 7,500 hours, at a cost of $ 5,009,700 . The data elements that EPA is proposing are expected t o be the same year after ye ar. Therefore, the burden imposed b y this proposed rule is a one

time cost.Page 10 of 10

Atleast 20 states would have to make changes to their reporting software for the changes discussed in the proposed rule. For these states, EPA estimates that it may cost $50,000 for each state, for a total cost of $1,000,000. Approximately 23 states use Tier2 Submit and these states are not expected to incur any burden since EPA is modifying the s ys tem and making it available to states. 6 (e) Bottom Line Burden Hours and Cost The total one - time burden to facility respondents is 9 7,500 hours at a cost of $ 5,009,700. The total one - time burden for 20 states that need to m odify their reporting software is 4 , 000 hours at a cost of $1,000,000. 6( f ) Burden Statement The average burden for reporting new data elements is estimated 0.25 hours for facilities
. The average burden for each state to add new data elements and revise existing data elements in their electronic software is 20 0 hours. Most of the states may already require these data elements that EPA is proposing. Onl y a percentage may need to rev ise their regulations or software to require the new data elements that EPA is proposing. Burden means the total time, effort, or 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 an d providing information; adjust the existing way s to compl y 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 infor mation; and transmit or otherwise disclose the information. An agency

may not conduct or sponsor such a request and a person or facility is not required to respond to a collection of information unless it display s a currently valid OMB control number. Th e 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 an y suggested methods for minimizing respondent burden , EPA has established a public docket for th e proposed rule, which includes this ICR, under Docket ID number EPA
- HQ
- SFUND
- 2010
- 0763 , 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 B102, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday

through Friday , exc luding legal holidays. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the superfund is (202) 566

- 0276. An electronic version of the public docket is available at www.regulations.gov. This site can be used to su bmit 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 sy stem, select “search,” then key in the Docket ID Number identi fied above. Also, you can send comments to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number EPA
- H Q
- SFUND
- 2010
- 0763 and OMB Control Number 2050
- 0072 in any correspondence.