[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Notices]
[Pages 44213-44216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16466]


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ENVIRONMENTAL PROTECTION AGENCY

[OEI-10015; FRL-6723-8]


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.), this notice announces that EPA is planning to 
submit the following continuing Information Collection Request (ICR) to 
the Office of Management and Budget (OMB) pursuant to procedures 
described in 5 CFR 1320.12: Toxic Chemical Release Reporting (EPA ICR 
No. 1363.12, OMB No. 2070-0093). This ICR involves a collection 
activity that is currently approved and scheduled to expire on January 
31, 2003. 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 as described below.

DATES: Comments, identified by the docket control number OEI-10015, 
must be submitted on or before August 30, 2002.

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: The 
Emergency Planning and Community Right-to-Know Hotline at (800) 424-
9346 or (703) 412-9810, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline/.
    For technical information about this ICR renewal contact: Judith 
Kendall, Toxics Release Inventory Program Division, OEI, Environmental 
Protection Agency (2844T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460, Telephone: 202-566-0750; Fax: 202-566-0727; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply to Me?

    A. Affected Entities: Entities that will be affected by this action 
are those facilities that manufacture, process, or otherwise use 
certain toxic chemicals listed on the Toxics Release Inventory (TRI) 
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 and other waste management activities 
involving such chemicals.
    Currently, those industries with the following SIC code 
designations (that meet all other threshold criteria for TRI reporting) 
must report toxic chemical releases and other waste management 
activities:
    [rtrif] 20-39, manufacturing
    [rtrif] 10, metal mining (except for SIC codes 1011, 1081, and 
1094)
    [rtrif] 12, coal mining (except for SIC code 1241 and extraction 
activities)
    [rtrif] 4911, 4931 and 4939, electrical utilities that combust coal 
and/or oil for the purpose of generating power for distribution in 
commerce.
    [rtrif] 4953, RCRA Subtitle C hazardous waste treatment and 
disposal facilities
    [rtrif] 5169, chemicals and allied products wholesale distributors
    [rtrif] 5171, petroleum bulk plants and terminals
    [rtrif] 7389, solvent recovery services, and
    [rtrif] federal facilities in any SIC code
    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 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 
person(s) 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

Internet
    Electronic copies of the ICR are available from the EPA home page 
at the Federal Register--Environmental Documents entry for this 
document under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/). 
An electronic copy of the collection instrument referenced in this ICR 
and instructions for its completion are available at http://www.epa.gov/triinter/#forms.
In Person
    The Agency has established an official record for this action under 
docket control number OEI-10015. The official record consists of the 
documents specifically referenced in this action, any public comments 
received during an applicable comment period, and other information 
related to this action, including any information claimed as 
confidential business information (CBI).

[[Page 44214]]

This official record includes the documents that are physically located 
in the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the TSCA Nonconfidential Information Center, North 
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC. 
The Center is open from 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 Comments?

    You may submit comments through the mail, in person, or 
electronically. Be sure to identify the appropriate docket control 
number (i.e., ``OEI-10015'') in your correspondence.
1. By mail
    All comments should be sent in triplicate to : Document Control 
Office (7407), Office of Pollution Prevention and Toxics (OPPT), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Ariel 
Rios Building, Washington, DC 20460.
2. In person or by courier
    Comments may be delivered in person or by courier to: OPPT Document 
Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
DCO is (202) 260-7093.
3. Electronically
    Submit your comments 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. Comments and data will also be 
accepted on standard computer disks in WordPerfect 6.1/8.0 or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket control number OEI-10015. Electronic comments 
on this document 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?

    All comments which contain information claimed as CBI must be 
clearly marked as such. Three sanitized copies of any comments 
containing information claimed as CBI must also be submitted and will 
be placed in the public record for this document. Persons submitting 
information, any portion of which they believe is entitled to treatment 
as CBI by EPA, must assert a business confidentiality claim in 
accordance with 40 CFR 2.203(b) for each such portion. This claim must 
be made at the time that the information is submitted to EPA. If a 
submitter does not assert a confidentiality claim at the time of 
submission, EPA will consider this as a waiver of any confidentiality 
claim and the information may be made available to the public by EPA 
without further notice to the submitter.

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:
    (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; and
    (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.
    In addition, EPA is requesting comment on a minor change to 
Reporting Form R in this ICR. Facilities will be required to supply an 
e-mail address on the Form R that will help to facilitate better lines 
of communication between EPA and facilities reporting to TRI.

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

    EPA is seeking comments on the following ICR, as well as the 
Agency's intention to renew the corresponding OMB approval, which is 
currently scheduled to expire on January 31, 2003.
    Title: Toxic Chemical Release Reporting.
    ICR numbers: EPA ICR No. 1363.12, OMB No. 2070-0093.
    Abstract: EPCRA section 313 requires owners and operators of 
certain facilities that manufacture, process, or otherwise use any of 
over 650 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 other 
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 of 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

[[Page 44215]]

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.
    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 and 48 CFR Chapter 15.

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 supporting statement 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 19.5 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 responses: 88,117.
    Frequency of response: Annual.
    Estimated total annual burden hours: 2,356,900.
    Estimated total annual burden costs: $101.9 million.

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

    As a result of OMB's March 7, 2002 approval of an information 
correction worksheet, OMB's inventory reflects 145,972 responses and 
9,612,104 hours for this information collection. This ICR is for 88,117 
responses and 2,356,900 hours. The reduction in burden of 7.26 million 
hours is the result of five adjustments.
    The first adjustment is to the number of responses. The estimate of 
145,972 responses in the existing OMB approval incorporated predicted 
reporting increases from economic analyses for several final rules. In 
all cases, these predictions overestimated actual reporting levels, 
resulting in a cumulative overestimate of the number of responses. For 
example, the 1997 program change for industry expansion estimated 
39,033 responses would be submitted, but only 12,567 responses were 
actually submitted. Likewise, the 1999 program change for PBT chemical 
thresholds estimated 19,990 responses would be submitted, but only 
about 7,000 responses were actually submitted. The number of responses 
in this ICR have been adjusted to accurately reflect actual reporting 
levels, with the exception of predicted additional responses from the 
rule lowering reporting thresholds for lead and lead compounds. The 
prediction of 9,813 additional reports for lead and lead compounds may 
prove to be an overestimate, as with EPA predictions for past rules. 
This adjustment results in a decrease of 57,855 responses and 
approximately 3 million burden hours (at 52.1 hours per response).
    The second adjustment is to the unit burden hours. EPA has revised 
the estimate of unit burden hours for Form R completion from 47.1 hours 
to 14.5 hours based on feedback from TRI reporting facilities. This 
reduction in the burden estimate accounts for increased familiarity 
with the program, improved guidance, and computerization/automation at 
reporting facilities. The adjustment to unit burden hours does not 
affect the number of responses, but reduces total burden by 
approximately 2.9 million burden hours (using the number of responses 
for this ICR).
    The third adjustment relates to first-year reporting burden. In 
previous ICRs, the renewal period has coincided with programmatic 
changes in one or more years. Previous ICRs have been based on 
annualized estimates of burden (including time for rule familiarization 
and higher first year reporting burdens). Since there are no final 
rules pending at this time, this ICR renewal does not require 
annualized burden estimates that account for first-year reporting 
burden. This accounts for a reduction of about 1.1 million burden 
hours.
    The fourth adjustment relates to the adoption of TRI-ME, an 
automated reporting software package. EPA has reduced the burden 
estimates related to Form R completion and record keeping/mailing by an 
additional 25 percent for the reports filed using TRI-ME based on 
respondent experience. On an annualized basis, an estimated 60 percent 
of reports are expected to be filed using TRI-ME over the three years 
of the ICR. This results in a reduction of approximately 260,000 hours.
    The fifth adjustment relates to the number of petitions. In 
previous ICRs, EPA has estimated 11 petitions per year. Since the 
actual number has been 1 to 2 per year, this ICR has reduced the 
expected number of petitions to 5. This adjustment has a very minor 
impact on total burden.
    These adjustments are described in further detail in the supporting 
statement for this ICR, available in the public version of the official 
record. The sum of these adjustments is a decrease of 57,855 responses 
and 7,255,204 burden hours from the current approved total.

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 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(s) listed in the FOR 
FURTHER INFORMATION CONTACT section.

[[Page 44216]]

List of Subjects in 40 CFR Part 372

    Environmental protection, Information collection requests, 
Reporting and record keeping requirements.

    Dated: June 24, 2002.
Ramona Trovato,
Acting Assistant Administrator and Chief Information Officer, Office of 
Environmental Information.
[FR Doc. 02-16466 Filed 6-28-02; 8:45 am]
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