[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Notices]
[Pages 44197-44199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16479]


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ENVIRONMENTAL PROTECTION AGENCY

[OEI-10016; FRL-6723-9]


Toxic Chemical Release Reporting; Alternate Threshold for Low 
Annual Reportable Amounts; 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 (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 the procedures described in 
5 CFR 1320.12: Alternate Threshold for Low Annual Reportable Amounts, 
Toxic Chemical Release Reporting (EPA ICR No. 1704.06, OMB No. 2070-
0143). This ICR covers the reporting and recordkeeping requirements 
associated with reporting under the alternate threshold for reporting 
to the Toxics Release Inventory (TRI), which appear in 40 CFR part 372. 
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. Before submitting 
the ICR to OMB for review and approval, EPA is soliciting comments on 
specific aspects of the proposed information collection as described 
below.

DATES: Comments, identified by the docket control number OEI-10016, 
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: 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 (2844T), Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460, 
Telephone: 202-566-0750; Fax: 202-566-0727; email: 
[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 of 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:
     20-39, manufacturing sector
     10, metal mining (except for SIC codes 1011, 1081, and 
1094)
     12, coal mining (except for SIC code 1241 and extraction 
activities)
     4911, 4931 and 4939, electrical utilities that combust 
coal and/or oil for the purpose of generating power for distribution in 
commerce.
     4953, RCRA Subtitle C hazardous waste treatment and 
disposal facilities
     5169, chemicals and allied products wholesale distributors
     5171, petroleum bulk plants and terminals
     7389, solvent recovery services, and
     federal facilities in any SIC code
    To determine whether you or your business is affected by this 
action, you should carefully examine the

[[Page 44198]]

applicability provisions at 40 CFR part 372 and section 4(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 and 
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-10016. 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). 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-10016'') 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-10016. 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 on 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 
Certification Form A in this ICR. Facilities will be required to supply 
an e-mail address on the Form A 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: Alternate Threshold for Low Annual Reportable Amounts.
    ICR numbers: EPA ICR No. 1704.06, OMB No. 2070-0143.
    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.
    In accordance with the authority in EPCRA, 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 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 the Form A Certification Statement (EPA Form 9350-
2) in lieu of a complete TRI reporting Form R (EPA Form 9350-1). In 
submitting the Form A certification statement, the facility certifies 
that the sum of the amount of

[[Page 44199]]

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 Form A certification represents a 
substantial savings to respondents, both in burden hours and in labor 
costs.
    The Form A certification statement provides communities with 
information that the chemical is being manufactured, processed or 
otherwise used at facilities. Additionally, the Form A certification 
provides compliance monitoring and enforcement programs and other 
interested parties with a means to track chemical management activities 
and verify overall compliance with the rule. Responses to this 
collection of information are mandatory (see 40 CFR part 372) and 
facilities subject to reporting must submit either a Form A 
certification or a Form R.

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 annual public burden for this collection of information, which 
is approved under OMB Control No. 2070-0143, is estimated to average 
13.7 hours for facilities submitting a Form A certification statement 
for a single listed chemical. By comparison, the average time required 
for calculations, form completion and record keeping/mailing for Form R 
is estimated to average 19.5 hours per form. Thus, for a facility 
filing a Form A certification for a single chemical, the alternate 
threshold yields an average savings of 5.8 hours.
    The ICR supporting statement provides a detailed explanation of the 
burden estimates that are summarized in this notice. The following is a 
summary of the estimates taken from the ICR supporting statement:
    Estimated No. of Respondents: 5,451 respondents.
    Frequency of Responses: Annual.
    Estimated Total Annual Burden Hours: 145,534 burden hours.
    Estimated Total Annual Burden Costs: $6.35 million.

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

    The estimated burden described above differs from what is currently 
in OMB's inventory for alternate threshold reporting: 14,793 responses 
(chemicals) and 644,761 burden hours. The burden estimated in this 
supporting statement differs from OMB's inventory as a result of 
adjustments to estimates of the number of responses (from 14,793 
responses (chemicals) to 5,121 responses (Form As)), changes to unit 
reporting burden estimates (from 30.2 to 9.2 burden hours per chemical 
certified on a Form A), and an adjustment for use of TRI-ME, EPA's 
intelligent report software (an additional burden reduction of 3.1 
hours per chemical certified on a Form A) for those forms completed 
using TRI-ME. These changes are described in greater detail in the 
supporting statement for this ICR, available in the public version of 
the official record.

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.

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. 02-16479 Filed 6-28-02; 8:45 am]
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