[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Notices]
[Pages 40862-40865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19272]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-00275; FRL-6091-4]


Toxic Chemical Release Reporting; Request for Comment on Renewal 
Information Collection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), EPA is seeking public comment and information on 
the following Information Collection Request (ICR): Toxic Chemical 
Release Reporting (EPA ICR No. 1363.07, OMB No. 2070-0093). This ICR 
involves a collection activity that is currently approved and scheduled 
to expire on April 30, 2000. The ICR describes the nature of the 
information collection activity and its expected burden and costs. 
Before submitting this ICR to the Office of Management and Budget (OMB) 
for review and approval under the PRA, EPA is soliciting comments on 
specific aspects of the collection.

DATES: Written comments, identified by the docket control number 
``OPPTS-00275'' and administrative record number 214, must be received 
on or before September 27, 1999.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit III. of the ``SUPPLEMENTARY INFORMATION'' section of 
this notice.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Christine M. Augustyniak, Associate 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: Amy Newman, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460, Telephone: 202-260-1846; Fax: 202-401-8142; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply to Me?

    You may be potentially affected by this notice if you own or 
operate certain facilities that manufacture, process, or otherwise use 
certain specified toxic chemicals and chemical categories and are 
required under section 313 of the Emergency Planning and Community 
Right-to-Know Act (EPCRA) to report annually on the environmental 
releases and transfers of and waste management activities for such 
chemicals. Potentially affected categories and entities may include, 
but are not limited to the following:


------------------------------------------------------------------------
                                                 Standard Industrial
             Type of Business                 Classification (SIC) Code
------------------------------------------------------------------------
Metal mining                                10 (except 1011, 1081, and
                                             1094)
Coal mining                                 12 (except 1241)
Food                                        20
Tobacco                                     21
Textiles                                    22
Apparel                                     23
Lumber and wood                             24
Furniture                                   25
Paper                                       26
Printing/publishing                         27
Chemicals                                   28
Petroleum                                   29
Rubber and plastics                         30
Leather                                     31
Stone, clay, and glass                      32
Primary metals                              33
Fabricated metals                           34
Machinery (except electrical)               35
Electrical/electronic equipment             36
Transportation equipment                    37
Instruments                                 38
Miscellaneous manufacturing                 39
Electric utilities (limited to facilities   4911, 4931, and 4939
 that combust coal and/or oil for the
 purpose of generating electricity for
 distribution in commerce)
Commercial hazardous waste treatment        4953
 (limited to facilities regulated under
 the Resource Conservation and Recovery
 Act (RCRA) Subtitle C, 42 U.S.C. section
 6921 et seq.)
Chemical allied products-wholesale          5169
Petroleum bulk terminals and plants-        5171
 wholesale
Solvent recovery services (limited to       7389
 facilities primarily engaged in solvents
 recovery)
------------------------------------------------------------------------

    This table is not intended to be exhaustive but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. To determine whether you or your business is affected by this 
action, you should carefully examine the applicability provisions at 40 
CFR part 372 and in section 3(a) of the Supporting Statement of the 
information collection. If you have any questions regarding the 
applicability of this action to a particular entity, consult the 
technical person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
section.

II. How Can I Get Additional Information or Copies of This Document 
or Other Support Documents?

A. Electronic Availability

    Electronic copies of this ICR are available from the EPA website at 
the ``Federal Register-Environmental Documents'' entry for this 
document under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/). 
You can follow the menu to find this Federal Register notice using the 
publication date or the

[[Page 40863]]

Federal Register citation for this notice. Although a copy of the ICR 
is posted with the Federal Register notice, you can also access a copy 
of the ICR by going directly to http://www.epa.gov/icr. You can then 
follow the menu to locate this ICR by the EPA ICR number, the OMB 
control number, or the title of the ICR.

B. Fax-on-Demand

    You may request to receive a faxed copy of the ICR by using a 
faxphone to call 202-401-0527 and selecting item 4068. You may also 
follow the automated menu.

C. In Person or By Phone

    If you have any questions or need additional information about this 
notice or the ICR referenced, please contact the person identified in 
the ``FOR FURTHER INFORMATION CONTACT'' section.
    In addition, the official record for this notice, including the 
public version, has been established under docket control number 
``OPPTS-00275'' (including comments and data submitted electronically 
as described below). A public version of this record, including 
printed, paper versions of any electronic comments, which does not 
include any information claimed as Confidential Business Information 
(CBI), is available for inspection in the TSCA Nonconfidential 
Information Center, Rm. NE B-607, 401 M St., SW., Washington, DC. The 
Center is open from 12 noon to 4 p.m., Monday through Friday, excluding 
legal holidays. The telephone number of the Center is 202- 260-7099.

III. How Can I Respond to This Notice?

A. How and to Whom Do I Submit the Comments?

    You may submit comments through the mail, in person, or 
electronically. Be sure to identify the appropriate docket control 
number ``OPPTS-00275'' and administrative record number 214 in your 
correspondence.
    1. By mail. Submit written comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver written comments to: Document 
Control Office in Rm. G-099, Waterside Mall, 401 M St., SW., 
Washington, DC, Telephone: 202-260-7093.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: [email protected]. Please note that you should not submit 
any information electronically that you consider to be CBI. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comment and data will also be 
accepted on standard computer disks in WordPerfect 5.1/6.1 or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket control number ``OPPTS-00275'' and 
administrative record number 214. Electronic comments on this notice 
may also be filed online at many Federal Depository Libraries.

B. How Should I Handle CBI Information That I Want to Submit to the 
Agency?

    You may claim information that you submit in response to this 
notice as CBI by marking any part or all of that information as CBI. 
Information so marked 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 also be submitted for inclusion in the public 
record. Information not marked confidential will be included in the 
public docket by EPA without prior notice. If you have any questions 
about CBI or the procedures for claiming CBI, please consult with the 
technical person, listed in the ``FOR FURTHER INFORMATION CONTACT'' 
section.

C. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(a) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    1. Evaluate whether the proposed collections of information are 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burdens 
of the proposed collections of information.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology, e.g., permitting electronic submission of responses.
    In addition, EPA is requesting comment on two minor changes to 
Reporting Form R in this ICR. The first change is to section 4.5 of the 
form, which requests that facilities identify their SIC code. EPA is 
proposing to add the term ``primary'' in the first SIC code box in 
order to make clear that the first SIC code entered should be the 
facility's primary SIC code. The Form R instructions directs reporters 
to enter the primary SIC code first, but this is not clear on the form 
itself. EPA has found that many facilities do not enter their primary 
SIC code first even though they are so directed in the instructions. 
This change should help rectify that problem and enable the Agency to 
conduct more accurate analyses on an industry sector-specific basis.
    The second proposed change is in Section 7A of the Form R: On-site 
waste treatment methods and efficiency. In order to eliminate the need 
for facilities to repeat the section 7 data for every waste stream, EPA 
is proposing to add a column f which asks, ``How many individual waste 
streams does this apply to?'' This should slightly reduce the burden of 
reporting, particularly for the treatment, storage, and disposal 
facilities.

D. What Should I Consider When I Prepare My Comments for EPA?

    We invite you to provide your views on the various options we 
propose, new approaches we haven't considered, the potential impacts of 
the various options (including possible unintended consequences), and 
any data or information that you would like the Agency to consider 
during the development of the final action. You may find the following 
suggestions helpful for preparing your comments:
     Explain your views as clearly as possible.
     Describe any assumptions that you used.
     Provide solid technical information and/or data to support 
your views.
     If you estimate potential burden or costs, explain how you 
arrived at the estimate.
     Provide specific examples to illustrate your concerns.
     Offer alternative ways to improve the rule or collection 
activity.
     Make sure to submit your comments by the deadline in this 
notice.
     At the beginning of your comments (e.g., as part of the 
``Subject'' heading), be sure to properly identify the document on 
which you are commenting. You can do this by providing the docket 
control number assigned to the notice, along with the name, date, and 
Federal Register citation, or by using the appropriate EPA or OMB ICR 
number.

[[Page 40864]]

IV. To What Information Collection Activity or ICR Does This Notice 
Apply?

    EPA is seeking comments on the following ICR:
    Title: Toxic Chemical Release Reporting.
    ICR numbers: EPA ICR No. 1363.07, OMB No. 2070-0093.
    ICR status: This ICR is currently scheduled to expire on April 30, 
2000. 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 
information collections appear on the collection instruments or 
instructions, in the Federal Register notices for related rulemakings 
and ICR notices, and, if the collection is contained in a regulation, 
in a table of OMB approval numbers in 40 CFR part 9.
    Abstract: EPCRA section 313 requires owners or operators of certain 
facilities that manufacture, process, or otherwise use any of over 600 
listed toxic chemicals and chemical categories in excess of applicable 
threshold quantities to report annually to the Environmental Protection 
Agency and to the states in which such facilities are located on their 
environmental releases and transfers of and waste management activities 
for such chemicals. In addition, section 6607 of the Pollution 
Prevention Act (PPA) requires that facilities provide information on 
the quantities of the toxic chemicals in waste streams and the efforts 
made to reduce or eliminate those quantities.
    Annual reporting under EPCRA section 313 of toxic chemical releases 
and other waste management information provides citizens with a more 
complete picture of the total disposition of chemicals in their 
communities and helps focus industries' attention on pollution 
prevention and source reduction opportunities. EPA believes that the 
public has a right to know about the disposition of chemicals within 
communities and the management of such chemicals by facilities in 
industries subject to EPCRA section 313 reporting. This reporting has 
been successful in providing communities with important information 
regarding the disposition of toxic chemicals and other waste management 
information on toxic chemicals from manufacturing facilities in their 
areas.
    EPA 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 EPA and is available 
through the Internet. This information, commonly known as the Toxics 
Release Inventory (TRI), is used extensively by both EPA and the public 
sector. Program offices within EPA use TRI data, along with other 
sources of data, to establish priorities, evaluate potential exposure 
scenarios, and undertake enforcement activities. Environmental and 
public interest groups use the data in studies and reports, making the 
public more aware of releases of chemicals in their communities.
    Comprehensive publicly-available data about releases, transfers, 
and other waste management activities of toxic chemicals at the 
community level are generally not available, other than under the 
reporting requirements of EPCRA section 313. Permit data are often 
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 has produced, communities and governments 
know what toxic chemicals industrial facilities in their area release, 
transfer, or otherwise manage as waste. In addition, industries have an 
additional tool for evaluating efficiency and progress on their 
pollution prevention goals.
    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.

V. What are EPA's Burden and Cost Estimates for This ICR?

    Under the PRA, ``burden'' means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal Agency. For this 
collection it 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.
    The ICR provides a detailed explanation of this estimate, which is 
only briefly summarized in this notice. The annual public burden for 
this collection of information is estimated to average 52.1 hours per 
response. The following is a summary of the estimates taken from the 
ICR:
    Respondents/affected entities: Entities potentially affected by 
this action are owners or operators of certain facilities that 
manufacture, process, or otherwise use certain specified toxic 
chemicals and chemical categories and are required to report annually 
on the environmental releases and transfers of waste management 
activities for such chemicals.
    Estimated total number of potential respondents: 25,159.
    Frequency of response: Annual.
    Estimated total/average number of responses for each respondent: 4 
(average).
    Estimated total annual burden hours: 6,133,055 hours.
    Estimated total annual burden costs: $417.1 million.

VI. Are There Changes in the Estimates from the Last Approval?

    The major change from the information collection most recently 
approved by OMB is a significant decrease in the estimated burden hours 
to respondents, from an estimated annual total burden of 7,340,524 
hours currently approved to an average annual total burden of 6,133,055 
hours in this request. This decrease reflects two different 
adjustments. One, EPA has revised downward its estimates of the number 
of respondents reporting annually under this information collection, 
based on experience since the last approval of this collection. Two, 
EPA has also revised downward the unit burden hour cost for certain 
facilities that were required for the first time to report due to 
amendments to the TRI reporting rule, as of the time of the most recent 
approval of this collection. The burden of complying with TRI reporting 
is higher in the first year than in subsequent years. The first year of 
reporting for these facilities was covered by the currently approved 
ICR. This request covers subsequent year reporting, so the burden for 
these facilities reflects a decrease from the first year burden hour 
estimates.

VII. What is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register notice pursuant to 5 CFR

[[Page 40865]]

1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
person listed in the ``FOR FURTHER INFORMATION CONTACT'' section.

List of Subjects

    Environmental protection, Information collection requests, 
Reporting and recordkeeping requirements.

    Dated: July 13, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 99-19272 Filed 7-27-99; 8:45 am]
BILLING CODE 6560-50-F