EPA EPCRA Sections 311, 312 Reporting Notice

Content

ACTION:

Notice.

SUMMARY:

The Environmental Protection Agency (EPA) is planning to submit an

     information collection request (ICR), “Community Right-to-Know Reporting Requirements under Sections 311 and 312 of the Emergency
     Planning and Community Right-to-Know Act (EPCRA)” (EPA ICR Number 1352.17 OMB Control Number 2050-0072) to the Office of Management
     and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting
     public comments on specific aspects of the proposed information collection as described below. This is a proposed extension
     of the ICR, which is currently approved through August 31, 2026. This document allows 60 days for public comments.

DATES:

Comments must be submitted on or before June 8, 2026.

ADDRESSES:

Submit your comments, referencing Docket ID No. EPA-HQ-SFUND-2004-0006, to EPA online using https://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460. EPA's policy is that all comments received will be included in the public docket without change
including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT:

Jennifer Barre, Office of Resource Conservation and Recovery, Mail Code 5303T, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460; telephone number: (202) 564-9026; email address: barre.jennifer@epa.gov.

SUPPLEMENTARY INFORMATION:

This is a proposed extension of the ICR, which is currently approved through August 31, 2026. 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.

This document allows 60 days for public comments. Supporting documents, which explain in detail the information that the EPA
will be collecting, are available in the public docket for this ICR. The docket can be viewed online at https://www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number
for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit https://www.epa.gov/dockets.

Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting comments and information to enable it to: (i) Evaluate whether
the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether
the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility,
and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate forms of information technology. EPA will consider the comments received
and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time,
EPA will issue another
Federal Register
document to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

Abstract: The authority for these requirements is sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA)
of 1986 (42 U.S.C. 11011, 11012). EPCRA section 311 requires owners and operators of facilities subject to the Occupational
Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) to submit a list of chemicals or Safety Data Sheets
(SDSs) (for those chemicals that exceed thresholds, specified in 40 CFR part 370) to the State Emergency Response Commission
(SERC) or Tribal Emergency Response Commission (TERC), Local Emergency Planning Committee (LEPC) or Tribal Emergency Planning
Committee (TEPC), and the local fire department (LFD) with jurisdiction over their facility. This is a one-time requirement
unless a facility becomes subject to the regulations or has updated information on the hazardous chemicals that were already
submitted by the facility. EPCRA section 312 requires owners and operators of facilities subject to the OSHA HCS to submit
an inventory form (for those chemicals that exceed the thresholds, specified in 40 CFR part 370) to the SERC (or TERC), LEPC
(or TEPC), and LFD with jurisdiction over their facility. This inventory form, the Tier II Emergency and Hazardous Chemical
Inventory Form, is to be submitted on or before March 1 of each year and must include the inventory of hazardous chemicals
present at the facility in the previous calendar year. Currently, all states require facilities to submit the Federal Tier
II form or the state-equivalent, including electronic submission.

The burden estimates, numbers and types of respondents, wage rates and unit and total costs for this ICR renewal will be revised
and updated if needed during the 60-day comment period while the ICR Supporting Statement is undergoing review at OMB.

Form numbers: Tier I Emergency and Hazardous Chemical Inventory Form, EPA Form No. 8700-29, Tier II Emergency and Hazardous Chemical Inventory
Form, EPA Form No. 8700-30.

Respondents/affected entities: Manufacturers and non-manufacturers required to have available a MSDS (or Safety Data Sheet (SDS)) under the OSHA HCS.

Respondent's obligation to respond: Mandatory (sections 311 and 312 of EPCRA).

Estimated number of respondents: 471,787 facilities (total). This figure includes 3,052 LEPCs and SERCs.

Frequency of response: Annual.

Total estimated burden: $6,963,271 hours per year (includes LEPCs and SERCs). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $306,735,727 per year, includes $1,715,094 annualized capital or operation & maintenance costs.

Changes in estimates: The burden hours are likely to stay substantially the same. Any change in burden or cost resulting from the 60-day OMB review
period will be described and explained in this section when the updated ICR Supporting Statement is completed.

Andrew Baca, Director, Office of Resource Conservation and Recovery. [FR Doc. 2026-06898 Filed 4-8-26; 8:45 am] BILLING CODE P

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