Statement Supporting the Renewal of the Information

Collection Procedure for Local Planning Requirements

and Facility Emergency Release Notification

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

Emergency Planning and Release Notification Requirements (EPCRA sections 302, 303, and 

304) - EPA No. 1395.07.

1(b) Short Characterization

This information collection request (ICR) was previously approved as OMB No. 2050-0092 through May 

31, 2009 for 183,347 hours. The Emergency Planning and Community Right-to-Know Act of 1986 

(EPCRA) established broad emergency planning and facility reporting requirements. Section 302 (40 

CFR 355.30) requires any facility where an extremely hazardous substance (EHS) is present in an amount 

at or in excess of the threshold planning quantity (TPQ) to notify the state emergency response 

commission (SERC) by May 17, 1987. This activity has been completed; the section 302 costs and 

burden hours for this ICR, therefore, reflect only the estimate of the cost and burden incurred by those 

additional facilities that have an EHS in excess of the TPQ during the period covered by this ICR.

Section 303 (40 CFR 355.30) requires local emergency planning committees (LEPCs) to prepare 

emergency plans for facilities that have EHSs in excess of the TPQs in their local planning district. 

Facilities are required to provide local planners with information necessary for the preparation of 

emergency plans. In addition, the facilities are required to inform LEPCs of any relevant changes in 

chemical use or production that may affect the emergency plans. Section 303 requires LEPCs to 

complete their emergency plans by October 17, 1988. This ICR therefore reflects the costs attributable to 

the requirement of annually updating the local emergency response plans.

Section 304 (40 CFR 355.40) requires facilities to report to SERCs and LEPCs releases in excess 

of quantities established by EPA. Facilities are required to report releases above the reportable quantity 

(RQ) of any EHS or other hazardous substance, as identified under the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (CERCLA) section 101. Notice of release must be 

given to both the LEPC and SERC. In addition, facilities must provide a written follow-up report 

providing additional information on the release, its impacts, and any actions taken in response.

EPA estimates that 95,000 facilities (23,750 manufacturers and 71,250 non-manufacturers) are 

subject to reporting under EPCRA section 302 and 3,456 SERCs and LEPCs are subject to section 303. 

EPA estimates that approximately 14,940 release notifications are made annually under section 304 to 

SERC and LEPC. The total burden to facilities over the three year information collection period is 

estimated to be 566,700 hours (188,900 hours annually), at a cost of $26.1 million $(8.7 million 

annually), with an associated state and local burden of 320,568 hours (106,856 hours annually), at a cost 

of $12.6 million (4.2 million annually). The combined total annual burden for facilities and state and 

local agencies is 295,756 hours at a cost of $12.9 million. No Agency burden is estimated in association 

with this ICR.
2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

The authority for these requirements is EPCRA sections 302, 303, and 304 (42 U.S.C. '11002, 

11003, and 11004).

Section 302 of EPCRA required the EHS list to be "the same list as the list published in 

November 1985 by the Administrator in Appendix A of the `Chemical Emergency Preparedness Program 

Interim Guidance'." The section further required EPA to "publish an interim final regulation establishing 

a threshold planning quantity for each substance on the list..." If EPA failed to publish the interim final 

rule, "the threshold planning quantity for the substance shall be 2 pounds until such time as the 

Administrator publishes regulations establishing a threshold for the substance."

The interim final rule was published in the Federal Register on November 17, 1986 (51 FR 

41570), followed by a final rule published on April 22, 1987 (52 FR 13378). The EHS list consisted at 

that time of 406 chemicals, and the TPQs ranged from one pound to ten thousand pounds. There are 

currently 355 chemicals on the EHS list. 

The EHS list along with the TPQs is used to designate facilities for initial screening for the local 

emergency planning process. Section 303 of EPCRA requires facilities that have to provide the 

notification under section 302 to designate a facility coordinator to the LEPC and to "promptly provide 

information to [the LEPC] necessary for developing and implementing the emergency plan." In this 

manner, the LEPC determines the potential scope of a response and, therefore, the amount of effort 

necessary for emergency planning. The LEPC will review its plan annually and incorporate any changes 

or additions. These emergency plans increase the local response and preparedness capability by allowing 

local planners to work with industry in their community, to determine the level of preparedness necessary 

for a response if a release should occur.

Under section 304, respondents are required to notify the LEPC and SERC of releases of EHSs or 

hazardous substances (as identified under CERCLA section 101) above the reportable quantity. The 

purpose of the reporting is to allow response agencies to determine whether their assistance is needed in 

handling the response action. The facility must provide a written follow-up report.

2(b) Practical Utility/Users of the Data

The information provided by facilities under sections 302, 303, and 304 is provided to the SERCs 

and LEPCs. Individuals can obtain the information by contacting the SERCs and LEPCs. The 

information provided under sections 302 and 303 is used to increase the community's level of 

preparedness to respond to releases of chemicals in their community. The information is also made 

available to the public to allow individuals to practice their "right-to-know" about the hazards posed by 

chemicals in their community.

The information provided under section 304 is the trigger to activate the community's chemical 

emergency response system. The written follow-up report is to update and clarify the information 

provided in the initial call. It is also made available to the public so that the community can understand 

what happened during the release.
3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Non-Duplication

Currently, there are no federal reporting requirements comparable to sections 302, 303, and 304 

of EPCRA. Release reporting under CERCLA section 103 is an emergency notification to the National 

Response Center (NRC), while release reporting under section 304 is directly to local and state entities. 

The follow-up report required under section 304 is also unique.

3(b) Consultations 

EPA contacted the following industry representatives to develop an estimate for the burden for 

section 304 reporting. These representatives also informed EPA that currently most of the States have a 

reporting form that they use for the written follow-up required under section 304. So, the facilities 

requested EPA not to develop another form since it may be duplicative. 

Brian Blakemore Terry Sullivan

Exxon Mobil Baton Rouge Refinery Norfolk Southern Railroad

(225) 597-7641 (404) 529-1273

Steve Denis Tony Martin

Dow Chemical Innovia Films

(225) 353-8888 (785) 276-3430

Will Woods Tom Hammons

Westlake Chemical Corp. Great Lakes Chemical

((270) 395-3363 (870) 864-1557

Justin East Joseph Bianco

Lucite International Ineos Chemicals

((409) 749-3479 (419) 226-1636

Rachel Meredith

Koch Nitrogen

(316) 828-8705

EPA also received information from the Regional offices on the number of facilities that may be 

subject to section 302 reporting requirements. 

3(c) Public Notice

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency notified 

the public through a Federal Register notice on the re-submission of this ICR on December 12, 2008 (73

FR 75706). EPA did not receive any comments.

3(d) Effects of Less Frequent Collection
The reporting deadlines for sections 302, 303, and 304 are set by statute. EPA has no authority to 

allow less frequent collection.

3(e) General Guidelines

The collection activities specified in this renewal ICR adhere to the guidelines specified by OMB.

3(f) Confidentiality

The respondent may claim specific chemical identities as trade secret in the notification to LEPC 

on information for developing and implementing the emergency response plan, under Section 303(d)(2) 

and (d)(3). 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 according to 

procedures set out in the Manual for Physical Handling, Security, And Protection of Files Containing 

Trade Secret Claims Submitted under Sections 303, 311, 312 and/or 313 of the Emergency Planning and 

Community Right-to-Know Act (EPCRA). These procedures were developed expressly 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 clearance to access the information based on a work-related need to engage in these activities. 

When not being processed or reviewed by 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 

clearly identify the document as EPCRA confidential.

3(g) 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/NAICS Codes

Sections 302, 303, and 304 are applicable to all facilities that either have present or release the 

regulated substances. These sections apply to facilities in both the manufacturing and non-manufacturing 

sectors. EPCRA, as written, does not apply to federal facilities. However, Executive Order 12856 

requires all federal agencies to comply with the law.

Facilities in the following major group of NAICS codes may be subject to either or both 

implementing regulations under EPCRA section 302 and 304. There may be other facilities covered by 

these regulations, but not listed. Major group that may be subject are: 11 (Agriculture, Forestry, Fishing 

and Hunting), 22 (Utilities), 31-33 (Manufacturing), 43 (Wholesale Trade), 44- 45 (Retail Trade), 48-49

(Transportation and Warehousing). 

4(b) Information Requested
4(b)(i) Data Items

Facilities newly subject to section 302 must notify their SERC and LEPC of their reporting 

obligation. Under section 303, the facility must designate a coordinator and provide "information to (the 

LEPC) necessary for developing and implementing the (LEPC's) emergency plan." The amount of 

information necessary to fulfill this requirement is determined by the facility and the LEPC. If a facility 

has very low likelihood of having a release that would impact the community, the LEPC would probably 

require very little information for emergency planning. However, if the facility is a large chemical plant 

or is in close proximity to a populated area, the LEPC most likely will develop extensive planning 

(especially if the facility is anticipating an offsite response). Information requested for the plan would 

likely include:

· Names, hazards, quantities, and storage information for hazardous chemicals on-site;

· Methods and procedures to be followed by facility owners and operators to respond to a release;

· Description of emergency equipment;

· Methods for determining the occurrence of a release, and the area or population likely to be 

affected by the release; and

· Procedures to provide reliable, effective, and timely notification.

LEPCs were required to have their plans completed by October 17, 1988. Therefore, only 

facilities newly subject to these requirements would have to provide this information. Facilities already 

subject would only have to update the LEPC if the information that they have already provided changes.

Under section 304, respondents are required to notify the LEPC and SERC of releases of EHSs or 

hazardous substances (as identified in CERCLA section 101) above the reportable quantity. The notice 

must include the following information, to the extent that it is known:

· The chemical name or identity of any substance involved in the release;

· An indication of whether the substance is on the list of EHSs;

· An estimate of the quantity of any such substance that was released into the environment;

· The time and duration of the release;

· The medium or media into which the release occurred;

· Any known or anticipated acute or chronic health risks associated with the emergency and, where 

appropriate, advice regarding medical attention necessary for exposed individuals;
· Proper precautions to take as a result of the release, including evacuation (unless such 

information is readily available to the community emergency coordinator pursuant to the 

emergency plan); and

· The name and telephone number of the person or persons to be contacted for further information.

The facility must provide a written follow-up report that includes the information above and any updates. 

Also, additional information must be given:

· Actions taken to respond to and contain the release;

· Any known or anticipated acute or chronic health risks associated with the release; and

· Where appropriate, advice regarding medical attention necessary for exposed individuals.

4(b)(ii) Respondent Activities

To determine if a facility is subject to section 302, the facility would need to review the EHS list 

to determine if it has any of the 355 chemicals on-site. The facility would then need to look at the 

inventory of any EHSs it may have on-site and compare it to the TPQ. If the facility has an EHS above 

the TPQ, the facility would need to contact (preferably in writing) their SERC and LEPC to notify them 

of their reporting obligation.

To comply with section 303, the designated facility coordinator would have to work with the 

LEPC to ensure that the community has an adequate plan to respond to emergencies that would involve 

their facility. Facility coordinators may be asked to serve as an industry representative to the LEPC. 

To comply with section 304, the facility would need to determine, when an EHS or a CERCLA 

hazardous substance is being released, if the quantity of the chemical released is greater than the 

reportable quantity; this information needs to be provided in the initial telephone notification to the SERC 

and LEPC. The material safety data sheet (MSDS) or other information that the facility has would provide 

the health risks and medical information, as well as response information.

The written follow-up notice needs to be filed "as soon as practical after a release." This notice 

documents and updates the information provided in the initial notification. Because the initial notification 

should be provided immediately after the discovery of the release, the written follow-up notice allows the 

facility more time to determine with greater precision the information provided in the initial notification. 

The facility may include a copy of their own internal report of the circumstances of the accident.

5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

No information provided under sections 302, 303, and 304 is sent to EPA. All of the information 

is kept at the state or local level.
5(b) Collection Methodology and Management

EPA does not receive the data; therefore, EPA does not have any special data collection 

methodology and management. However, to assist SERCs and LEPCs in their information management 

practices and emergency planning, EPA and the National Oceanic and Atmospheric Administration have 

created the Computer Aided Management of Emergency Operations (CAMEO) database.

5(c) Small Entity Flexibility

There are no special allowances made for small businesses in the regulations for sections 302, 

303, and 304. The burden hours for small businesses are considered to be smaller than those for large 

facilities because of the reduced number of chemicals and processes present at smaller facilities.

5(d) Collection Schedule

The frequency of collection for these sections of EPCRA is required by statute. Facilities are 

required to report any relevant changes when they occur. Under section 304, releases of EHSs and 

CERCLA hazardous substances in excess of the reportable quantity must be reported "immediately" after 

the owner/operator has knowledge that they occurred. The written follow-up notice is required "as soon 

as practicable after the release."

6. ESTIMATING THE BURDEN AND COST OF COLLECTION

6(a) Estimating Respondent Burden

EPA estimated the respondent burden hours and costs associated with all recordkeeping and 

reporting requirements covered in EPCRA sections 302, 303, and 304. Unit burden and costs were 

estimated by labor category required for each of the tasks performed by facilities under 40 CFR Part 355, 

and tasks performed by LEPCs and SERCs under 40 CFR Part 355 and 40 CFR Section 300.215. 

In preparing that ICR, EPA contacted its Regions listed under 3(b) to obtain data on the number 

of facilities that may be reporting under sections 302 and 303. The estimated universe for sections 302 

and 303 is 95,000. 

EPA estimates that approximately 25 percent of these facilities are manufacturers (23,750) and 

71,250 facilities are non-manufacturers. We do not expect any new facilities to be in compliance during 

this ICR period based on the most recent census data. 

The number of notifications under section 304 was based on the number of reports of CERCLA 

hazardous substance and EHS releases reported to the National Response Center in 2007, approximately 

14,945. 

Exhibit 1 presents the estimated unit burden by labor category required for each of the tasks 

performed by facilities under 40 CFR Part 355, and tasks performed by LEPCs and SERCs under 40 CFR 

Section 300.215.

Read and Understand Regulations 
EPA assumes that only newly regulated facilities incur the cost of reading and understanding 

regulations at 40 CFR Part 355. As explained above, we do not expect any new facilities to come into 

compliance in the period covered by this ICR based on the most recent census data. Therefore, EPA did 

not estimate any burden for this activity for new facilities. All currently regulated facilities are already 

familiar with the regulations and the burden for this activity was estimated in previous ICRs.

Emergency Planning by Facilities (40 CFR 355.30) 

All newly regulated facilities must first determine whether they have at least a threshold planning 

quantity of an EHS. All newly regulated facilities are required to notify the SERC and designate a facility 

representative. As mentioned above, we do not expect any new facilities to be in compliance in this ICR 

period. Currently covered facilities already completed this activity. 

Because few facilities have significant changes that would affect emergency planning, EPA 

estimates that only ten percent of all subject facilities will be required to inform LEPCs of any changes at 

the facility. In addition, because little information is required from facilities after the initial submittal, 

EPA also estimates that only five percent of all subject facilities will provide additional information to 

LEPCs either to develop or implement emergency plans. The burden associated with providing local 

governments with updated information for planning purposes is assumed to be a small percentage of the 

initial burden for contributing to planning efforts. EPA estimates that it may take 13.0 hours for currently 

covered facilities to inform LEPC of any changes relevant to emergency planning and to provide 

information to the LEPC requests to develop emergency response plans. (See Exhibit 1).

Emergency Release Notification by Facilities (40 CFR 355.40) 

The number of annual reportable quantity (RQ) releases based on the number of CERCLA 

hazardous substance and EHS releases reported in the National Response Center for 2007, is 

approximately 14,945. EPA estimates 90 percent of RQ releases require notifying LEPCs and SERCs, 

and 10 percent require notifying the 911 operator. All reportable releases require a written follow-up 

report. 

For a previous ICR, EPA contacted few industries (mostly large size that reported releases to the 

National Response Center see Section 3(b) of this document), to determine the actual burden incurred to 

comply with initial notification and written follow-up requirements in Section 304 of EPCRA. EPA’s 

estimates in previous ICRs were slightly lower than the burden reported by these industries. EPA has 

calculated an average of the numbers reported by industries to use in this ICR. The burden per 

respondent for initial notification is approximately 0.50 hours, for written follow-up, it is approximately 

8.0 hours. 
9

Exhibit 1

Section 302, 303, and 304 Reporting and Recordkeeping Requirements

Estimated Unit Burden and Cost

Annual Hours Burden Total Hours

Information Collection Activity Legal Management Technical Clerical Burden Annual Cost

EMERGENCY PLANNING (355.30) (Facilities)

Inform LEPC of changes to facility that may affect emergency planning 0.00 0.50 1.00 0.50 2.00 $89.84

Provide information to LEPC, as required 0.00 2.00 8.00 1.00 11.00 $499.54

EMERGENCY RELEASE NOTIFICATION (355.40) (Facilities)

Determine if release is an RQ 0.00 0.10 0.10 0.00 0.20 $9.93

Notify LEPC and SERC of any RQ release 0.00 0.50 0.00 0.00 0.50 $25.92

Develop and submit written follow-up notice 0.50 1.50 5.00 1.00 8.00 $381.36

Notify 911 operator of transportation-related releases 0.00 0.25 0.00 0.00 0.25 $12.96

EMERGENCY RESPONSE PLANS (300.215) (SERCs, LEPCs, and RRTs)

Update Emergency Response Plans (LEPCs) 0.00 5.00 15.00 1.00 21.00 $1,115.50

Review Emergency Response Plans (SERCs) 0.00 4.00 12.00 0.00 16.00 $882.40

Keep records and make them available to the public 0.00 0.00 0.00 10.00 10.00 $125.00
10

Emergency Response Plan Development by SERCs and LEPCs (40 CFR 300.215)

Emergency Response Plans must be reviewed and updated annually. EPA estimates that SERCs 

review all LEPC plans over a three-year period. There are approximately 3,500 LEPCs. Based on 

information from LEPCs, the time required to update plans varies from 4 hours a year to 40 to 60 hours. 

To develop an estimate, EPA assumed that the largest 120 LEPCs would spend 40 hours a year and the 

smaller LEPCs would spend 20 hours a year; a weighted average of 21 hours was obtained for the 

recordkeeping burden to keep records of all Emergency Response Plans. Similarly, a weighted average 

was developed for recordkeeping associated with release reports. The LEPC with a large concentration of 

chemical plants indicated that it spent a month on release notification; the other LEPCs indicated that this 

activity took five hours a year at most. A weighted average of 10 hours was developed for the annual 

burden for each of the LEPCs (3,400) and SERCs (56). This burden is same as what was estimated in the 

previous ICR. 

6(b) Estimating Respondent Costs

Estimating costs to respondents on an annual basis is accomplished by multiplying the respondent 

burden estimates for each labor category by the corresponding labor rate for that category. 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 hourly respondent labor cost for manufacturing facility respondents of $77.00

for managerial staff, $60.00 for technical staff, and $16.50 for clerical staff, including wages and benefits.

Hourly respondent labor costs for non-manufacturing facility respondents are estimated at $43.00 for 

managerial staff, $43.00 for technical staff, and $16.50 for clerical staff. Legal review is estimated at 

$100.00 per hour for manufacturing and non-manufacturing facilities.

1 A weighted average was 

developed based on the percentage of manufacturing and non-manufacturing facilities. 

EPA estimates an hourly respondent labor cost (including overhead) for LEPCs and SERCs of 

$58.00 for managerial staff, $54.20 for technical staff, and $12.50 for clerical staff.2

Total burden hours and costs for the ICR are shown in Exhibit 2.

Capital and O&M Costs

Capital costs incurred by state and local agencies were estimated in the previous ICR. Capital 

costs include the cost of space required to store information in filing cabinets. Life expectancy for file 

cabinets is assumed to be 15 years. Therefore, the Agency did not develop any cost for this. 

Operating and maintenance costs are limited to mailing costs. Facilities are assumed to incur 

postage costs for the following activities:

1

U.S. Bureau of Labor Statistics, September 2008. 

2

Fringe rate from U.S. Bureau of Labor Statistics, September 2008. 
11

· Providing information to the LEPC as required

· Submitting written follow-up notice (assume about 4 pages per report)

Facilities are expected to incur long distance charges when notifying SERCs. This estimate 

affects notification of the SERC of any RQ release. Long distance charges are estimated to be $3.50 per 

fifteen-minute call. 

State and local governments are assumed to incur postage costs for the following activities:

· Submitting Emergency Response Plans for review (SERCs)

· Submitting Emergency Response Plans as requested by SERCs to federal regional response teams 

for review

Postage is estimated to cost $0.42 for a first class letter and $4.00 to submit a LEPC plan (plan is 

up to 500 pages and weighs up to 5 pounds).

Operation and maintenance costs are shown in Exhibit 3.

6(c) Estimating Agency Burden and Cost

EPA estimates no annual Agency burden associated with this ICR. Only state and local 

government entities implement the program in sections 302, 303, and 304 of EPCRA.

6(d) Estimating Total Annual Respondent Burden and Costs

Exhibit 2 presents the respondent burden for each information collection activity and for the sum 

of all information collection activities performed by each respondent type. The total average annual 

burden to facility respondents is 188,900 hours at a cost of $8.79 million (or 566,700 hours at a cost of 

$26.37 million for three years). The total average annual respondent burden for state and local 

governments is 106,856 hours at a cost of $4.27 million (or 320,568 hours at a cost of $12.82 million for 

three years). These burden estimates are summarized in Exhibit 2.

6(e) Bottom Line Burden Hours and Cost

See Exhibit 4, below.

6(f) Reasons for Change in Burden

Based on the information received from the Regions, the number of facilities subject to section 

302 increased by 18,080 from the previous ICR. EPA also noticed that the release notification calls to the 

National Response Center also increased by 10,502 from the previous ICR. 

EPA underestimated the burden incurred by facilities in developing written follow-up report 

under section 304 in previous ICRs. In this ICR, EPA developed an average for the burden incurred to 
12

comply with section 304 reporting based on the information provided by industries that the Agency 

contacted. 

Due to the reasons above, there is an increase of 112,409 hours in the estimated average annual 

burden in this ICR from what is currently approved. Additionally, costs have risen for currently covered 

facilities due to the increase in the number of facilities subject to reporting under both sections 302 and 

304.

6(g) Burden Statement

As explained in the previous sections of this document, EPA does not expect any new facilities to 

come into compliance during this ICR period. This ICR only covers periodic reporting or updates of 

information submitted previously by existing facilities. The average reporting burden for a limited 

number of existing facilities, to inform the LEPC of any changes at the facility that may affect emergency 

planning is 2.0 hours. The average reporting burden for facilities to provide information to LEPC is 11.0 

hours. The average reporting burden for facilities reporting releases under 40 CFR 355.40 is estimated to 

average approximately 9 hours per release, including the time for determining if the release is a reportable 

quantity, notifying the LEPC and SERC, or the 911 operator, and developing and submitting a written 

follow-up notice. There are no record-keeping requirements for facilities under EPCRA Sections 302-

304. The total burden to facilities over three years is 566,700 hours at a cost of $26.37 million. 

The average burden for emergency planning activities is 21 hours per plan for LEPCs, and 16 

hours per plan for SERCs. Each SERC and LEPC is also estimated to incur an annual record keeping 

burden of 10 hours. The total burden to LEPC and SERC over three years is 320,568 hours at a cost of 

$12.82 million. 

Burden means the total time, effort, or financial resources expended by persons to generate, 

maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time 

needed to review instructions; develop, acquire, install, and utilize technology and systems for the 

purposes of collecting, validating, and verifying information, processing and maintaining information, 

and disclosing and providing information; adjust the existing ways to comply with any previously 

applicable instructions and requirements; train personnel to be able to respond to a collection of 

information; search data sources; complete and review the collection of information; and transmit or 

otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required 

to respond to, a collection of information unless it displays a currently valid OMB control number. The 

OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden 

estimates, and any suggested methods for minimizing respondent burden, including the use of automated 

collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPAHQ-SFUND-2005-0008, 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 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, 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 at www.regulations.gov. This site can be 

used to submit or view public comments, access the index listing of the contents of the public docket, and 

to access those documents in the public docket that are available electronically. When in the system, 
13

select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the 

Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, 

Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number 

EPA-HQ-SFUND-2005-0008 and OMB Control Number 2050-0092 in any correspondence.
14

Exhibit 2

Section 302, 303, and 304 Reporting and Recordkeeping Requirements

Estimated Annual Burden and Cost

Number of Annual Hours Burden Total Hours

Information Collection Activity Respondents Legal Management Technical Clerical Burden Annual Cost

RULE FAMILIARIZATION (Facilities)

Read and understand regulations at 40 CFR Part 355 0 0 0 0 0 0

Subtotal - - - - - 0 0

EMERGENCY PLANNING (355.30) (Facilities)

Calculate if chemicals meet/exceed TPQ 0 0 0 0 0 0 0

Notify SERC that facility is subject to emergency planning 0 0 0 0 0 0 0

Designate facility representative and notify LEPC 0 0 0 0 0 0 0

Inform LEPC of facility changes that may affect emer. Planning 9,500 0 4,750 9,500 4,750 19,000 $775,105

Provide information to LEPC, as required 4,750 0 9,500 38,000 4,750 52,250 $2,372,815

Subtotal 71,250 $3,147,920

EMERGENCY RELEASE NOTIFICATION (355.40) (Facilities)

Determine if release is an RQ 14,945 0 1,495 1,495 0 2,990 $148,344

Notify LEPC and SERC of any RQ release 13,450 0 6,725 0 0 6,725 $348,624

Develop and submit written follow-up notice 13,450 6,725 20,175 67,250 13,450 107,600 $5,129,292

Notify 911 operator of transportation-related releases 1,345 0 336 0 0 336 $17,431

Subtotal 117,650 $5,643,691

EMERGENCY RESPONSE PLANS (300.215) (SERCs, LEPCs, and RRTs)

Update Emergency Response Plans (LEPCs) 3,400 0 17,000 51,000 3,400 71,400 $3,792,700

Review Emergency Response Plans (SERCs) 56 0 224 672 0 896 $49,414

Keep records and make them available to the public 3,456 0 0 0 34,560 34,560 $432,000

Total (SERCs and LEPCs) 106,856 $4,274,114
15

Exhibit 3

Capital/Start-up and O& M Costs

(Annual)

Facilities, SERCs and LEPCs

Activity Capital/Start-up Costs O & M Costs

Provide information to LEPC, as required -- $1,995

Notify LEPC and SERC of any RQ release -- $47,075

Develop and submit written follow-up notice -- $5,649

Review Emergency Response Plans -- $14,000
16

Exhibit 4

Summary of Total Annual Burden and Cost Estimates

Burden Hours Labor O & M

Facilities 188,900 $8,791,611 $54,719

SERCs and LEPCs 106,856 $4,274,114 $14,000

Total 295,756 $13,065,725 $68,719