EPA Seeks Public Comment on EPCRA Trade Secret Claims Information Collection

The Environmental Protection Agency has submitted an information collection request (ICR) — EPCRA Trade Secret Claims, EPA ICR Number 1428.13, OMB Control Number 2050-0078 — to the Office of Management and Budget for review and approval under the Paperwork Reduction Act. The submission is a proposed extension of an ICR currently approved through June 30, 2026. EPA is now offering an additional 30 days for public comment, with submissions due on or before July 22, 2026. A prior 60-day public comment period was opened via the Federal Register on December 11, 2025.

What the collection covers

The ICR pertains to trade secrecy claims submitted under section 322 of the Emergency Planning and Community Right-to-Know Act of 1986. As the document explains, EPCRA requires facilities to report to state and local authorities, and to EPA, the presence of extremely hazardous substances (section 302), inventories of hazardous chemicals (sections 311 and 312), and the manufacture, process, and use of toxic chemicals (section 313). Section 322 allows a facility to withhold a specific chemical identity from these reports if the facility asserts a trade secret claim for that identity.

The provisions in section 322, the document states, establish the requirements and procedures facilities must follow to request trade secret treatment of chemical identities, as well as procedures for submitting public petitions to the agency for review of the "sufficiency" of trade secret claims. Trade secret protection under this collection applies to chemical identities contained in reports submitted under several EPCRA provisions: section 303(d)(2) (facility notification of changes that have or are about to occur); section 303(d)(3) (Local Emergency Planning Committee requests for facility information); section 311 (Safety Data Sheets or lists submitted in their place); section 312 (Emergency and Hazardous Chemical Inventory forms, Tier I and Tier II); and section 313 (Toxic Chemical Release Inventory form). The relevant form is EPA Form 9510-1.

Burden and respondent scope

Affected entities are manufacturer and non-manufacturer facilities subject to reporting under sections 303, 311, 312, or 313 of EPCRA. The obligation to respond is mandatory if a respondent decides to make a trade secret claim for a chemical identity in any required EPCRA report. EPA estimates 55 facilities (total) as respondents, with an annual frequency of response tied to reports submitted under sections 312 and 313.

The total estimated burden is 7,021 hours per year, and the total estimated cost is $527,092 per year. The document notes there are no capital or operation and maintenance costs associated with this ICR. EPA's assumed labor burden per facility — 9.5 hours — is unchanged from the previous ICR.

The document reports an increase of 4,332 hours in total estimated respondent burden compared with the ICR currently approved by OMB. The agency attributes this increase to a rise in the actual number of claims submitted in reporting years 2023 and 2024 compared to the prior ICR period.

What to watch

Supporting documents for this ICR are available in the public docket at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The deadline for public comments is July 22, 2026.