[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Proposed Rules]
[Pages 39797-39798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19544]



[[Page 39797]]

ENVIRONNMENTAL PROTECTION AGENCY

40 CFR Part 372

[OPPTS-400113A; FRL-5733-2]


Toxic Chemical Release Reporting; Community Right-To-Know; 
Additional Time to Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Time extensions for submission of reports.

-----------------------------------------------------------------------

SUMMARY: EPA is announcing that it will allow facilities required to 
submit Toxic Release Inventory (TRI) reports for calendar year 1996 
until September 8, 1997, to file those reports. These TRI reports under 
section 313 of the Emergency Planning and Community Right-to-Know Act 
and section 6607 of the Pollution Prevention Act would otherwise be due 
on or before July 1, 1997. EPA had previously extended the reporting 
deadline until August 1, 1997; however, EPA has continued to experience 
delays and errors in the distribution of the reporting package, which 
includes extensive materials and guidance for preparing TRI reports, 
for the 1996 reporting. To allow facilities adequate time to prepare 
and submit complete and accurate TRI reports, especially in electronic 
format, EPA is allowing facilities extra time in which to report.

FOR FURTHER INFORMATION CONTACT: Maria J. Doa, 202-260-9592, e-mail: 
[email protected], for specific information on this notice, or 
for more information on EPCRA section 313, the Emergency Planning and 
Community Right-to-Know Hotline, Environmental Protection Agency, Mail 
Code 5101, 401 M St., SW., Washington, DC 20460, Toll free: 1-800-535-
0202, in Virginia and Alaska: 703-412-9877 or Toll free TDD: 1-800-553-
7672.

SUPPLEMENTARY INFORMATION:

I. Background

     Section 313 of the Emergency Planning and Community Right-to-Know 
Act of 1986, 42 U.S.C. 11023 (EPCRA, which is also referred to as Title 
III of the Superfund Amendments and Reauthorization Act of 1986 (Pub. 
L. 99-499)), requires certain facilities manufacturing, processing, or 
otherwise using listed toxic chemicals to report their environmental 
releases of such chemicals annually. Such facilities also must report 
pollution prevention and recycling data for such chemicals, pursuant to 
section 6607 of the Pollution Prevention Act (PPA), 42 U.S.C. 13106. 
EPCRA section 313 and PPA section 6607 require that covered facilities 
report this information on or before July 1 of each year for activities 
at those facilities during the previous calendar year. EPA is required 
to put the EPCRA section 313/PPA section 6607 information in an 
electronic data base that is accessible to the public. This data base 
is commonly referred to as the Toxics Release Inventory (TRI). State 
and local governments, industry, non-government organizations, and the 
public make extensive use of this data base.
    Each year, prior to the reporting deadline, EPA develops and sends 
to facilities a reporting package containing the current TRI reporting 
form (Form R), the alternate threshold reporting form (Form A), the 
list of toxic chemicals subject to reporting, and instructions for 
reporting. In recent years, the package has also included computer 
diskettes containing the automated Form R for electronic reporting. EPA 
has found that providing this extensive reporting package reduces 
confusion and the number of reporting errors, and expedites the whole 
reporting process. In the past, these packages have been distributed by 
early March of the year in which reports are due to allow adequate time 
for review and use by the reporting facilities.

II. Additional Time to Report for 1996

    For the 1996 reporting year, EPA revised the Form R to collect more 
specific information on disposal into underground injection wells and 
landfills. The Office of Management and Budget approved the reporting 
and recordkeeping requirements related to the revised Form R on April 
30, 1997. Because EPA could not print the forms and instructions until 
the Agency received approval for the Form R, EPA's printing and 
distribution of the 1996 Form R was not to be initiated until late June 
1997. As a result, EPA extended the reporting deadline until August 1, 
1997. Because of problems with the distribution of the reporting 
package, especially the automated Form R, facilities subject to TRI 
reporting may not have sufficient time to prepare and submit their 
reports by the extended deadline of August 1, 1997. EPA is concerned 
that in rushing to report by August 1, facilities may make errors that 
would reduce the accuracy and utility of the reports and, ultimately, 
the public data base. EPA is also concerned that the additional delay 
in the distribution of the automated Form R may result in facilities 
submitting hard copies of the Form R rather than the preferred 
electronic version. In addition, EPA believes that the delay in the 
distribution of the reporting package may create concern in the 
regulated community regarding potential enforcement actions, including 
civil penalties, for those facilities submitting reports that may 
contain errors as a result of the late distribution of the EPA 
reporting package or reporting after the extended August 1, 1997 
deadline.
    In recognition of the importance to State and local governments, 
industry, and the public that facilities submit complete and accurate 
TRI reports, EPA is allowing all reporting facilities additional time, 
until September 8, 1997, to submit their 1996 TRI reports. However, 
reports for the 1996 reporting year that are filed after September 8, 
1997, will be subject to EPA enforcement action, where appropriate. 
This allowance of additional time for reporting applies only to the 
EPCRA section 313/PPA section 6607 reporting obligations for TRI 
reports otherwise due on July 1, 1997, covering calendar year 1996. 
Nothing in this notice shall be construed to apply to any other EPCRA 
reporting obligations, or to any TRI reports due for past or future 
reporting years. Further, this allowance of additional time for 
reporting applies only to the federal EPCRA section 313/PPA section 
6607 reporting obligation; it does not apply to independent obligations 
under State laws which also require TRI-type reports. However, EPA 
encourages the States with similar requirements that relate to federal 
TRI reporting to embrace this allowance of additional time. To the 
extent that this action might be construed as rulemaking subject to 
section 553 of the Administrative Procedure Act, for the reasons stated 
above, EPA has determined that notice and an opportunity for public 
comment are impracticable and unnecessary. Providing for public comment 
might further delay reporting, and, because there is no substantive 
change in the reporting obligation, other than allowing additional 
time, the public will continue to receive the same information. 
Moreover, a further delay in reporting would almost certainly mean a 
delay in the release of the information to the public. Also, public 
comment would not further inform EPA's decision because the events 
giving rise to the need to provide extra time for reporting have 
already occurred. In addition, additional notice and comment procedures 
in this situation would be contrary to the public interest in timely 
and accurate reporting of data under EPCRA section 313 and PPA section 
6607.

[[Page 39798]]

III. Availability of the Form R and Instructions on the Internet

A. The Internet

    Notwithstanding the delay in distribution of the printed version, 
the revised Form R and Instructions, currently are available on the 
Internet. The Form R and Instructions, which can be downloaded as 
portable document format (pdf) files, are available at http://
www.epa.gov/opptintr/tri/formr.htm. The Automated Form R (AFR) and 
Instructions is also available on the internet. The internet address 
for the AFR is http://www.epa.gov/opptintr/afr96.

B. Fax on Demand

    Using a faxphone call 202-401-0527 and select item 5100 for an 
index of available material and corresponding item numbers related to 
this document.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements, and Toxic chemicals.

    Dated: July 18, 1997.

Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 97-19544 Filed 7-23-97; 8:45 am]
BILLING CODE 6560-50-F