[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Notices]
[Pages 45964-45967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22417]


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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-00198; FRL-5395-4]


Proposed Renewal of an Agency Information Collection; Toxic 
Chemical Release Reporting; Community Right-to-Know; EPA ICR #1363.05

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and Request for Comment.

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SUMMARY: This notice announces and solicits comments on the proposed 
renewal of the Information Collection Request (ICR) entitled: Toxic 
Chemical Release Reporting; Recordkeeping; Supplier Notification; and 
Petitions under Section 313 of the Emergency Planning and Community 
Right-to-Know Act (EPA ICR #1363.05; OMB Approval #2070-0093). The 
Office of Prevention, Pesticides and Toxic Substances (OPPTS) is 
seeking public comment on this ICR pursuant to the Paperwork Reduction 
Act (PRA) and the procedures contained in 5 CFR 1320.12. The ICR, which 
is abstracted below, describes the nature of the information 
collection, the expected burden and estimated costs associated with the 
information collection, and includes the actual data collection 
instrument. The complete ICR document and any attachments to it are 
available in paper or electronic copy and may be obtained as described 
in Unit IV of this notice.
    After reviewing any public comments submitted in response to this 
notice and amending the ICR as necessary, OPPTS will announce in 
another Federal Register notice that it has submitted a final ICR to 
the Office of Management and Budget (OMB) for review and approval 
pursuant to 5 CFR 1320.12(c).
DATES: All comments must be submitted to the addresses listed below on 
or before October 26, 1996.

ADDRESSES: Submit written comments identified by the administrative 
record number AR-165 and EPA ICR #1363.05 by mail to: TSCA Document 
Receipts (7407), Room NE-G099, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460, Telephone: 202-260-7099. In person, bring comments directly to 
the OPPT docket which is located in Room NE-B607 at the address given 
above from noon to 4 p.m., Monday through Friday, excluding legal 
holidays.
    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 or encryption. Comments and data will also be 
accepted on disks in WordPerfect 5.1 file format or ASCII file format. 
All comments and data in electronic form must be identified by the 
appropriate administrative record and ICR number indicated above. 
Electronic comments on this document may be filed online at many 
Federal Depository Libraries.
    Information submitted as a comment concerning this document may be 
claimed Confidential Business Information (CBI) by marking any part or 
all of that information as CBI. No CBI should be submitted through e-
mail. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2. A copy of the 
comment that does not contain CBI must be submitted for inclusion in 
the public record. Information not marked confidential may be disclosed 
publicly by EPA without prior notice. All written comments will be 
available for public inspection in Room NE-B607 at the address given 
above from noon to 4 p.m., Monday through Friday, excluding legal 
holidays.

FOR FURTHER INFORMATION CONTACT: Christine Augustyniak, Deputy 
Director, Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460, Telephone: 202-260-1024; fax 202-401-8142, or e-
mail: [email protected].
SUPPLEMENTARY INFORMATION:
Electronic Availability: Electronic copies of the ICR are available 
from the EPA Public Access gopher (gopher.epa.gov) at the Environmental 
Sub-Set entry for this document under ``Rules and Regulations.''

I. Background Information

    Section 313 of the Emergency Planning and Community Right-to-Know 
Act (EPCRA) (42 U.S.C. 11001 et seq.) requires certain owners or 
operators of certain facilities (i.e., manufacturing facilities in 
Standard Industrial Classification (SIC) codes 20 through 39) 
manufacturing, processing, or otherwise using any of over 600 listed 
toxic chemicals and chemical categories (hereafter ``toxic chemicals'') 
in excess of the applicable threshold quantities to report on their 
environmental releases and transfers of and waste management activities 
for such chemicals annually.

[[Page 45965]]

Under section 6607 of the Pollution Prevention Act (PPA) (42 U.S.C. 
11071 to 11079), facilities must provide information on the quantities 
of the toxic chemicals in waste streams and the efforts made to reduce 
or eliminate those quantities. Facilities required to report under 
EPCRA section 313 and PPA section 6607 submit a Toxic Chemical Release 
Inventory Form (EPA Form 9350-1, also known as ``Form R'') to EPA and 
the State in which it operates each year, providing information from 
the preceeding year.
    In 1994, EPA established an alternate threshold for those 
facilities with low amounts of a listed toxic chemical in wastes. A 
facility that meets the appropriate reporting thresholds, but estimates 
that the total amount of the chemical in the total annual reportable 
amount does not exceed 500 pounds per year, can take advantage of an 
alternate manufacture, process, or otherwise use a threshold of 1 
million pounds per year for that chemical, provided that certain 
conditions are met. Facilities able to take advantage of an alternate 
threshold would be eligible to submit a Toxic Chemical Release 
Inventory Form A (EPA Form 9350-2). As such, facilities meeting the 
alternate threshold may use either the Form R or the Form A.
    The reporting and recordkeeping requirements associated with the 
alternate reporting requirement using Form A are contained in a 
separate ICR and are approved under OMB Control #2070-0143 (EPA ICR 
#1704.03). OMB is currently reviewing a request to renew that approval, 
which is scheduled to expire on September 30, 1996. Pursuant to OMB 
regulations at 5 CFR 1320.12(a), EPA announced the proposed renewal of 
ICR #1704.03, seeking public comment in the Federal Register on May 15, 
1996 (61 FR 24488)(FRL-5368-9). After reviewing the two comments 
received in response to that notice, which were supportive of the 
continuation of the alternate reporting form requirements and 
encouraged OMB approval of the requested renewal, EPA subsequently 
issued another Federal Register notice on August 8, 1996 (61 FR 
41407)(FRL-5547-8) to announce the Agency's submission of the renewal 
request for ICR #1704.03 to OMB for review and approval, as well as 
announcing the final 30 day comment period as required under 5 CFR 
1320.12 (c). Any OMB action taken with regard to ICR #1704.03, which 
must be taken no later than September 30, 1996, applies only to the 
alternate reporting requirements and Form A.
    The reporting and recordkeeping requirements associated with EPCRA 
section 313 (i.e., Form R, supplier notification and the petition 
process) are discussed in a separate ICR (EPA ICR #1363.05). The 
renewal of EPA ICR #1363.05 is the subject of this notice and is being 
processed separately from those related to the alternate reporting 
requirement, which are covered by EPA ICR #1704.03. OMB approved the 
Form R reporting and recordkeeping requirements under OMB Control 
#2070-0093 (EPA ICR #1363.05). Although the OMB approval for this ICR 
would have ordinarily expired on November 30, 1992, OMB's approval was 
extended by Congress in September of 1992 until EPA promulgates changes 
to the Form R and Instructions. This approval was contained in the 1993 
Department of Veterans Affairs and Housing and Urban Development and 
Independent Agencies Appropriations Act, Pub. L. 102-389, signed 
October 6, 1992, which states that:

    Notwithstanding the Paperwork Reduction Act of 1980 or any 
requirements thereunder the Environmental Protection Agency Toxic 
Chemical Release Inventory TRI Form R and instructions, revised 1991 
version issued May 19, 1992, and related requirements (OMB No. 2070-
0093), shall be effective for reporting under section 6607 of the 
Pollution Prevention Act of 1990 (Public Law 101-508) and section 
313 of the Superfund Amendments and Reauthorization Act of 1990 
(Public Law 99-499) until such time as revisions are promulgated 
pursuant to law.

    The proposed ICR announced in this notice will replace the 
Congressional approval described above upon final approval of the ICR 
by OMB under the Paperwork Reduction Act pursuant to 5 CFR 1320.12. In 
accordance with the process described in 5 CFR 1320.12(a)(1), EPA is 
seeking comment on the burden estimates and information collection 
activities described in this ICR. After reviewing any comments received 
during the 60 day comment period, EPA will submit a final ICR to OMB 
for review and approval pursuant to 1320.12(c).
    In addition, EPA recently proposed to amend the EPCRA Section 313 
reporting and recordkeeping requirements by proposing to add several 
additional industry groups to the universe of respondents subject to 
reporting (61 FR 33588, June 27, 1996)(FRL-5379-3). As required by 5 
CFR 1320.11, EPA announced and sought comment on the proposed Industry 
Expansion ICR (EPA ICR #1784.01) which provided burden estimates for 
the information collection contained in the proposed rule. When EPA 
issues the final rule for Industry Expansion, the information 
collection requirements contained in that final rule will be reflected 
in an amended ICR which will be submitted to OMB for review and 
approval. This submission must occur no later than publication of that 
final rule in the Federal Register and the submission will be announced 
in the final rule. The public will have 30 days to provide additional 
comments on the final ICR related to the industry expansion rule. Upon 
OMB's approval of the industry expansion related ICR (EPA ICR 
#1784.02), EPA will add the industry expansion burdens to the existing 
burdens associated with overall TRI reporting and recordkeeping (i.e., 
those in ICR #1363.05 for Form R and ICR #1704.03 for Form A). 
Specifically, EPA would amend the existing ICRs by submitting an 
Information Correction Worksheet to OMB requesting that the burden 
hours associated with each ICR be adjusted to include the new burden 
hours imposed by that final rule.

II. Request for Public Comment

    For the collection of information addressed in this notice, EPA is 
soliciting comments on the ICR, including but not limited to the 
information collection activity, the burden hour and cost estimates 
presented, and any other information that would help the Agency 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. Comments should be submitted to 
EPA according to the procedures described in the ADDRESSES section 
above.

III. Proposed Information Collection Request

    ICR Numbers: EPA ICR No. 1363.05 and OMB No. 2070-0093.
    Current Expiration Date: As discussed in Unit I above, this ICR, 
which covers the reporting and recordkeeping requirements under section 
313 of the Emergency Planning and Community Right-to-Know Act, is valid 
until EPA promulgates changes to the Form R and Instructions.

[[Page 45966]]

    Title: Toxic Chemical Release Reporting and Recordkeeping; Supplier 
Notification and Petitions under Section 313 of the Emergency Planning 
and Community Right-to-Know Act.
    Abstract: This Information Collection Request (ICR) is for the 
information collection contained in the regulations governing toxic 
chemical release reporting under section 313 of the Emergency Planning 
and Community Right-to-Know Act (EPCRA) (42 U.S.C. 11001 et seq.) and 
the information collection in section 6607 of the Pollution Prevention 
Act (PPA) (42 U.S.C. 11071 to 11079). In accordance with EPCRA section 
313 (and PPA section 6607 because of its linkage to EPCRA), EPA's 
Office of Pollution Prevention and Toxics (OPPT) collects, processes, 
and makes available to the public all of the information collected. The 
information gathered under these authorities is stored in a database 
maintained at both EPA and the National Library of Medicine (NLM). NLM 
provides public access to the TRI database through the Toxicology Data 
Network (TOXNET). The TRI has been used extensively by EPA and the 
public and private sectors. Program offices within EPA have used the 
TRI, with other sources of data, to establish priorities, evaluate 
potential exposure scenarios, and for enforcement activities. 
Environmental groups and public interest groups have used the data in 
several studies and reports, making the public more aware of releases 
of chemicals in their communities. Industry has used the data 
extensively to assess and improve their environmental performance.
    Comprehensive data about releases, transfers, and other waste 
management activities of toxic chemicals at the community level are 
generally not available from sources other than TRI. Permit data often 
are difficult to obtain, are not cross-media and present only a limited 
perspective on a facility's overall performance. With TRI and the real 
gains in understanding it can produce, communities and governments know 
what listed toxic chemicals a subset of industrial facilities in their 
area release, transfer, or otherwise manage as waste; and industries 
have an additional tool for evaluating efficiency and progress on their 
pollution prevention goals.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 52.1 
hours per response for Form R, 24 hours for supplier notification 
(where applicable), and 185 hours for a petition (where applicable). 
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. No person is required to respond to a collection of 
information unless it displays a currently valid OMB control number. 
The OMB control numbers for the regulations related to this information 
collection, are displayed in 40 CFR Part 9. Summary of the ICR 
activity:
    Form R: Respondents/affected entities. Facilities that manufacture, 
process or otherwise use certain toxic chemicals and which are 
required, under EPCRA section 313, to report annually to EPA their 
environmental releases of such chemicals.
    Estimated No. of Respondents: 27,382
    Estimated Total Annual Burden on Respondents: 4,707,860 hours.
    Frequency of Collection: Annual.
    Supplier Notification: Respondents/Affected Entities. Manufacturing 
facilities that supply mixtures or trade name products containing 
chemicals listed under EPCRA section 313.
    Estimated No. of Respondents: 3,657
    Estimated Total Annual Burden on Respondents: 87,768 hours.
    Frequency of Collection: Annual.
    Petitions: Respondents/Affected Entities. Any person or 
organization submitting a petition under section 313(e) of EPCRA.
    Estimated No. of Respondents: 11
    Estimated Total Annual Burden on Respondents: 2,035 hours.
    Frequency of Collection: On occasion.
    In addition, all facilities in a Standard Industrial Classification 
(SIC) code covered under EPCRA section 313 with 10 or more full-time 
equivalent employees must determine each year whether they manufacture, 
process or otherwise use any of the listed chemicals above threshold 
quantities. It is estimated that 185,266 facilities will need to make 
this determination each year, with a total estimated burden of 741,064 
hours.
    Changes in Burden Estimates. The estimated burden has changed in 
several ways compared with the total burden last approved by OMB in 
1992 and covered by the 1992 Congressional approval. First, the ICR 
estimates were adjusted to account for Agency experience and additional 
information about the burden associated with EPCRA section 313. Second, 
there was a reduction in total burden resulting from program changes. 
Specifically, EPA has either modified the listing or completely removed 
the listing for several chemicals on the TRI list of chemicals subject 
to reporting under EPCRA section 313. In addition, the 1994 amendment 
that established the alternate reporting threshold, is estimated to 
replace up to 23,288 Form R submissions with submissions of Form A. 
After accounting for the addition of chemicals that increased burden 
during this time frame, these program changes reduced the number of 
Form R submissions by approximately 20 percent compared to the previous 
ICR, and decreased total burden by 1,115,408 hours. When the burden 
reduction caused by the program change (-1,115,408 hours) and the 
burden increase caused by various adjustments in the estimates 
(+1,766,455 hours) are combined, the result is a net increase of 
651,047 hours.

IV. Where to View or Obtain Copies of the Proposed Information 
Collection Request

A. Public Record

    A record has been established for this notice under docket number 
[OPPTS-00198] (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 confidential business information (CBI), is 
available for inspection from 12 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 notice, 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 
rulemaking record which will also include all comments submitted 
directly in writing. The official rulemaking record is the paper record

[[Page 45967]]

maintained at the address in ``ADDRESSES'' at the beginning of this 
document.

B. Paper Copies

    Paper copies of the complete ICR and any accompanying appendices 
may be obtained from the OPPT docket at the above address, by 
contacting the person whose name appears under FOR FURTHER INFORMATION 
CONTACT, or by contacting the EPCRA Hotline at 1-800-535-0202, in 
Virginia or Alaska call 703-412-9877 or TDD: Toll Free 1-800-533-7672.

C. Electronic Copies

     Electronic copies of the complete ICR and any accompanying 
appendices are also available from the EPA Public Access gopher 
(gopher.epa.gov) and the EPA home page (http://www.epa.gov). To access 
this information on the EPA gopher you should look for the ``Rules and 
Regulations'' entry under the Environmental Sub-Set. To access this 
information on the EPA Home page, you should enter the Directory for 
``Rules, Regulations, and Legislation;'' then enter the ``Federal 
Register - Environmental Sub-set;'' then ``Federal Register - Toxic 
Release Inventory;'' and then enter the Year, Month and Day that this 
notice appeared in the Federal Register. In both cases, the information 
is identified as ``Supporting Documentation'' under the entry for the 
Federal Register notice.

List of Subjects

    Environmental Protection; Air pollution control; Chemicals; 
Hazardous substances; Hazardous waste; Imports; Intergovernmental 
relations; Natural resources; Penalties; Reporting and recordkeeping 
requirements; Superfund; Water pollution control; Water supply.

    Dated: August 28, 1996.

Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 96-22417 Filed 8-29-96; 8:45 am]
BILLING CODE 6560-50-F