[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Notices]
[Pages 39071-39074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16584]


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ENVIRONMENTAL PROTECTION AGENCY

[OEI-2003-0026; FRL-7521-4]


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. 1704.07, OMB No. 2070-
0143). This ICR covers the reporting and record keeping requirements 
associated with reporting under the alternate threshold for reporting 
to the Toxics Release Inventory (TRI). 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. EPA ICR No. 1704.06 was approved by OMB on 
March 10, 2003 with a shorter than usual clearance in order to provide 
the EPA an opportunity to examine in more detail the TRI burden 
estimates and opportunities for reducing burden and enhancing the 
practical utility of the data. 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.

[[Page 39072]]


DATES: Comments, identified by the docket control number OEI-2003-0026, 
must be submitted on or before July 31, 2003.

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:
    [sbull] 20-39, manufacturing sector
    [sbull] 10, metal mining (except for SIC codes 1011, 1081, and 
1094)
    [sbull] 12, coal mining (except for SIC code1241 and extraction 
activities)
    [sbull] 4911, 4931 and 4939, electrical utilities that combust coal 
and/or oil for the purpose of generating power for distribution in 
commerce.
    [sbull] 4953, RCRA Subtitle C hazardous waste treatment and 
disposal facilities
    [sbull] 5169, chemicals and allied products wholesale distributors
    [sbull] 5171, petroleum bulk plants and terminals
    [sbull] 7389, solvent recovery services, and
    [sbull] 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 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. In Person

    The Agency has established an official public docket for this 
action under Docket ID no. OEI-2003-0026. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of this official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the OEI Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 
1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202)566-1744, and the telephone number for the OEI 
Docket is (202)566-1752.

B. Electronic Availability

    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. An electronic version of the public docket 
is available through EPA's electronic public docket and comment system, 
EPA Dockets. You may use EPA Dockets at http:www.epa.gov/edocket/ to 
submit or view public comments, access the index listing of the 
contents of the official public dockets, and to access those documents 
in the public docket that are available electronically. Once in the 
system, select ``search,'' then key in the appropriate docket 
identification number (i.e., OEI-2003-0026).
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit II.A. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

III. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number (i.e., ``OEI-2003-0026) in the 
subject line on the first page of your comment. Please ensure that your 
comments are

[[Page 39073]]

submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments. If you wish to submit CBI or 
information that is otherwise protected by statute, please follow the 
instructions in Unit IV. Do not use EPA Dockets or e-mail to submit CBI 
or information protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. OEI-
2003-0026. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Attention Docket ID No. OEI-2003-0026. In contrast 
to EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit III.2. below. 
These electronic submissions will be accepted in WordPerfect or ASCII 
file format. Avoid the use of special characters and any form of 
encryption. All comments and data in electronic form must be identified 
by the docket control number OEI-2003-0026. Electronic comments on this 
document may also be filed online at many Federal Depository Libraries.
    2. By Mail. Send three copies of your comments to: Document Control 
Office, Office of Environmental Information (OEI), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    3. By Hand Delivery or Courier. Comments may be delivered in person 
or by courier to: EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC, attention Docket ID No. OEI-
2003-0026.

IV. 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. 
Information covered by such a claim will be disclosed by EPA only to 
the extent, and by means of the procedures set forth in 40 CFR part 2, 
subpart B. If a confidentiality claim does not accompany the 
information when it is received by EPA, the information may be made 
available to the public by EPA without further notice to the submitter.

V. 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.

VI. 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 October 31, 2003.
    Title: Alternate Threshold for Low Annual Reportable Amounts.
    ICR numbers: EPA ICR No. 1704.07, 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 the EPCRA section 313 chemical in wastes 
did not exceed 500 pounds for

[[Page 39074]]

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 Statement 
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 
Statement 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 Statement or a Form R.

VII. 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: 5,200.
    Frequency of Responses: Annual.
    Estimated Total Annual Burden Hours: 169,106.
    Estimated Total Annual Burden Costs: $7.56 million.

VIII. 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: 5,121 responses 
(Form A Certification Statements) and 463,670 burden hours. The burden 
estimated in this supporting statement differs from OMB's inventory as 
a result of adjustments to estimates of number of responses (from 5,121 
responses to 5,000 responses), changes to subsequent year unit 
reporting burden estimates (from 30.2 to 9.2 burden hours per chemical 
certified on a Form A Certification Statement), and an adjustment for 
use of TRI-ME 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.

IX. 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.

    Dated: June 25, 2003.
Kimberly T. Nelson,
Assistant Administrator, Office of Environmental Information.
[FR Doc. 03-16584 Filed 6-30-03; 8:45 am]
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