Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (Proposed Rule)
ICR 202603-2050-003 · OMB 2050-0072 · Received in OIRA
Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (Proposed Rule)
Revision of a currently approved collection
No
Regular
05/13/2026
Requested
Previously Approved
36 Months From Approved
08/31/2026
471,787
471,787
6,793,537
6,963,271
1,715,094
1,715,094
The Environmental Protection Agency is proposing to conform the Emergency Planning and Community Right-to-Know Act hazardous chemical inventory reporting regulations to the Occupational Safety and Health Administration's Hazard Communication Standard amendments of 2012 and 2024. The Emergency Planning and Community Right-to-Know Act and its regulations rely on the Occupational Safety and Health Administration's Hazard Communication Standard for the definition of a hazardous chemical
and for the categories of health and physical hazards that must be reported under the hazardous chemical inventory regulations. This action proposes to conform the terminology used and information that must be reported on the hazardous chemical inventory forms to the Hazard Communication Standard amendments. As a result, this proposed action would also improve first responder and community safety, reduce discrepancies and confusion, prevent interpretation burdens on facilities when using (Material) Safety Data Sheets to complete annual hazardous chemical inventory reports, and improve clarity.
US Code:
42 USC 11001 et seq.
Name of Law: Emergency Planning & Community Right-to-Know Act (EPCRA)
The rulemaking action will conform the terminology used, and information that must be reported, on the hazardous chemical inventory forms to the Occupational Safety and Health Administrations Hazard Communication Standard amendments of 2012 and 2024. The action will result in burden reductions by removing interpretation burdens on facilities using the SDS to complete annual hazardous chemical inventory reports. The estimated average burden for new and existing facilities to develop and submit Tier II forms is being reduced by 2.5% in hours spent for management and technical staff for small, medium, and large manufacturers and non-manufacturers. This is also correcting a previous miscalculation for the annualized Cost for large manufacturers. These unit burden estimates are presented in Exhibit 1.
The rulemaking also makes plain language, clarifying, and consistency edits to improve the readability and add clarity to the regulation. The estimated average annual burden for facilities to read and understand the regulations is being reduced by 1 hour for management and 2 hours for technical staff, for a total of 3 hrs reduction. EPA now assumes that facilities spend an average of 7 hours to read and understand the regulations in 40 CFR Part 370.
The state and local government annual burden is not anticipated to change.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.