[Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)] [Notices] [Pages 24488-24489] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-12193] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPPTS-00184; FRL-5366-1] Agency Information Collection Activities AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that EPA is planning to submit the following continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the information collection as described below. The ICR is a continuing ICR entitled Alternate Threshold for Low Annual Reportable Amounts, EPA ICR No. 1704, OMB No. 2070-0143. 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. Dates: Written comments must be submitted on or before July 15, 1996. ADDRESSES: Submit three copies of all written comments to: TSCA Document Receipts (7407), Room NE-G99, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, Telephone: 202-260-7099. All comments should reference administrative record number AR-156. This ICR is available for public review at, and copies may be requested from, the docket address and phone number listed above. Comments and data may also be submitted electronically by sending electronic mail (e-mail) to: [email protected]. Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comments and data will also be accepted on disks in WordPerfect in 5.1 file format or ASCII file format. All comments and data in electronic form must be identified by the administrative record number AR-156'' and ICR number 1704. No CBI should be submitted through e-mail. Electronic comments on this document may be filed online at many Federal Depository Libraries. Additional information on electronic submissions can be found in Unit III. of this document. FOR FURTHER INFORMATION CONTACT: For general information contact: Susan B. Hazen, Director, Environmental Assistance Division (7408), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, Telephone: 202-554-1404, TDD: 202-554- 0551, e-mail: TSCA-H[email protected]. For technical information contact: Brian Symmes, Environmental Assistance Division (7408), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, Telephone: 202-260-9121; Fax: 202-401-8142; e-mail: [email protected]. SUPPLEMENTARY INFORMATION: I. Background Entities potentially affected by this action are those chemical facilities that manufacture, process, or otherwise use certain toxic chemicals and which are required, under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), to report annually to EPA their environmental releases of such chemicals. For the collection of information addressed in this notice, EPA would like to solicit comments 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. (iv) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. II. Information Collection EPA is seeking comments on the following Information Collection Request. Title: Alternate Threshold for Low Amounts in Waste, EPA ICR No. 1704, OMB No. 2070-0143, expires September 30, 1996. Abstract: EPCRA section 313 requires certain facilities manufacturing, processing, or otherwise using certain toxic chemicals in excess of specified threshold quantities to report their environmental releases of such chemicals annually. Each such facility must file a separate report for each such chemical. EPA has authority to revise the threshold amounts. EPA has established an alternate threshold for those facilities with low amounts of a listed toxic chemical in wastes. A facility that otherwise meets the current reporting thresholds but estimates that the total amount of the chemical in total waste does not exceed 500 pounds per year, and that the chemical was manufactured, processed, or otherwise used in an amount not exceeding 1 million pounds during the reporting year, can take advantage of reporting under the alternate threshold option for that chemical for that reporting year. Each qualifying facility that chooses to apply the revised threshold must file an annual certification statement in lieu of a complete report form. The annual certification certifies that the sum of the amount of the EPCRA section 313 chemical in wastes did not exceed 500 pounds for the reporting year, and that the chemical was manufactured, processed, or otherwise used in an amount not exceeding 1 million pounds during the reporting year. Use of the certification, rather than submitting a complete reporting form, represents a substantial savings to respondents, both in burden hours and in labor costs. The primary function served by the certification statement is to satisfy the statutory requirement to maintain reporting on a substantial majority of releases for all listed chemicals. Without the certification statement, users of TRI data would not have access to any information on these chemicals. The certification statement is also a de facto range report, which is useful to any party interested in amounts being handled at a particular facility or for broader statistical purposes. Additionally, the certification statement provides compliance monitoring and enforcement programs and other interested parties a means to track chemical management activities and verify overall compliance with the rule. Responses to the collection of information are mandatory (see 40 CFR part 372). Respondents may claim all or part of a notice confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2. [[Page 24489]] It should be noted that at the time of its last approval of this collection, OMB placed conditions on the subsequent clearance of the collection. OMB directed EPA to analyze TRI reports submitted for reporting year 1995, recalculate the number of respondents and the respondent burden resulting from this collection, and determine if the alternative threshold should be changed. Additionally, if EPA determined that changes in the regulation were warranted, OMB directed EPA to initiate rulemaking to make the necessary changes. However, time constraints specified by OMB in its conditions leave insufficient time for EPA to comply with the above requirements. Accordingly, EPA proposes to request renewed OMB approval for this collection without, at this time, attempting to meet the conditions outlined by OMB. EPA will, however, proceed in a timely fashion with the analysis and related actions and decisions to satisfy OMBs conditions, in expectation of being able to respond to those conditions upon the next following request for OMB approval of this collection. Burden Statement: The burden to respondents for complying with this ICR is estimated to total 803,669 hours per year, with an annual cost of $43.7 million. These totals are based on an average burden of approximately 34.5 hours per response for an estimated 11,678 respondents, submitting an average of two reports of information annually. There are recordkeeping requirements associated with this collection. This estimate 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. III. Public Record A record has been established for this action under docket number ``OPPTS-00184'' (including comments and data submitted electronically as described below). A public version of this record, including printed, paper versions of electronic comments, which does not include any information claimed as CBI, is available for inspection from noon to 4 p.m., Monday through Friday, excluding legal holidays. The public record is located in the TSCA Nonconfidential Information Center, Rm. NE-B607, 401 M St., SW., Washington, DC 20460. Electronic comments can be sent directly to EPA at: [email protected] Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. The official record for this action, as well as the public version, as described above will be kept in paper form. Accordingly, EPA will transfer all comments received electronically into printed, paper form as they are received and will place the paper copies in the official record which will also include all comments submitted directly in writing. The official record is the paper record maintained at the address in ADDRESSES at the beginning of this document. List of Subjects Environmental protection and Information collection requests. Dated: May 8, 1996. Susan H. Wayland, Acting Assistant Administrator for Prevention, Pesticides and Toxic Substances. [FR Doc. 96-12193 Filed 5-14-96; 8:45 am] BILLING CODE 6560-50-F