[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Notices]
[Pages 39074-39078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16585]


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ENVIRONMENTAL PROTECTION AGENCY

[OEI-2003-0025; FRL-7520-9]


Toxic Chemical Release Reporting; Request for Comment on Renewal 
Information and Proposed Changes to Part II of the Form R 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. 1363.13, OMB No. 2070-0093). This ICR involves a collection 
activity that is currently approved and scheduled to expire on October 
31, 2003. EPA ICR No. 1363.12 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. A revised draft Form R is included in this ICR. The 
redesigned draft Form R collects all the same information as the prior 
form; however, it collects that information in a different format. EPA 
is proposing this draft Form R based on feedback received from 
stakeholders in an effort to collect information in a more logical, 
simplistic manner. Section V below and sections 1 (b) and 3 (b) of the 
ICR Supporting Statement discuss the proposed Form R changes in greater 
detail. Also, a copy of the proposed new Form R and a crosswalk between 
the proposed Form R and the previous version of the Form R are included 
as Attachment G of the ICR Supporting Statement. 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-2003-0025 
must be submitted on or before September 2, 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 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;

[[Page 39075]]

Fax: 202-566-0727; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply to Me?

    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:
    [sbull] 20-39, manufacturing.
    [sbull] 10, metal mining (except for SIC codes 1011, 1081, and 
1094).
    [sbull] 12, coal mining (except for SIC code 1241 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 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 and 
Other Support Documents?

A. In Person

    The Agency has established an official public docket for this 
action under Docket ID no. OEI-2003-0025. 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-2003-0025).
    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 I.B. 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-2003-0025'') in 
the subject line on the first page of your comment. Please ensure that 
your comments are 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

[[Page 39076]]

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-
2003-0025. 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-2003-0025. 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. 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-2003-0025. 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-
2003-0025.

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?

    A. 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.
    B. Proposed changes to the Form R:
    A revised draft Form R is included in this ICR. The draft Form R 
collects all the same information as the prior form; however, it 
collects that information in a different format. There are no changes 
to part I of the Form R. EPA is proposing changes to part II of the 
Form R based on feedback received from stakeholders through various 
venues (e.g., Stakeholder Phase I process, ICR renewal process in 2002, 
letters, meetings, etc.). Specifically, stakeholders have been 
requesting that EPA provide more clarity in the organization of data 
that are collected. These changes do not collect any new or different 
information than has been previously collected. Instead part II now 
clearly identifies on the Form itself the categories for reporting 
releases and other waste management activities of toxic chemicals. The 
previous version of this form collected information using codes to 
specify categories of releases and other waste management activities 
(e.g., M73 for Land Treatment). One code, U09--Other Energy Recovery 
Methods, has been dropped from the revised Form because this element is 
not applicable since the only energy recovery methods are combustion in 
a kiln, boiler or industrial furnace. Combustion units other than 
kilns, boilers and industrial furnaces are used for treatment of the 
toxic chemical (except for metal and metal compounds). This proposed 
revision incorporates these codes into the form so it is easier to 
identify the appropriate release or other waste management activity for 
the toxic chemical reported, and thus provides greater clarity to the 
information collected.
    Also, in light of feedback received from stakeholders, EPA has 
broken the information collected on releases in section 8.1 of part II 
into four subcategories which are; total onsite uncontained releases; 
total onsite contained disposal; total offsite uncontained releases; 
and total offsite contained disposal. The category of contained 
disposal would include the quantities sent to on-site or off-site 
landfills and Class I Underground Injection Control wells. This would 
provide a more complete characterization of TRI chemicals in waste 
streams by distinguishing between releases to ambient media and 
releases to managed facilities consistent with environmental reporting 
requirements under other laws. The presence of only one of these 
factors is not considered enough to consider the release ``contained''; 
for example, regulated air stack emissions are clearly not contained 
releases. Therefore, all

[[Page 39077]]

release quantities other than quantities sent to on-site or off-site 
landfills and Class I Underground Inject Control wells would be 
included in the category of uncontained releases. This change and 
others are described in more detail in section 3(b) of the ICR 
Supporting Statement. Also, a draft of the proposed Form R and 
crosswalk table can be found in Appendix G of the ICR Supporting 
Statement.
    EPA is interested in receiving comments on the proposed changes to 
the Form R and is particularly interested in receiving comment on 
whether the individual waste streams in section 5 are appropriately 
classified as either contained or uncontained for section 8. In 
addition, the Agency is soliciting input on whether the headings used 
in section 8 are appropriate to describe the intended categories.

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: Toxic Chemical Release Reporting.
    ICR numbers: EPA ICR No. 1363.13, 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 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.

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 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: 84,000.
    Frequency of response: Annual.
    Estimated total annual burden hours: 2,403,867.
    Estimated total annual burden costs: $106.2 million.

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

    As a result of OMB's 03/10/2003 approval of the last ICR renewal, 
OMB's inventory reflects 88,117 responses and 5,566,564 hours for this 
information collection. This ICR supporting statement is for 84,000 
responses and 2,403,867 hours. The reduction in burden of approximately 
3.16 million hours is the result of three adjustments.
    The first adjustment is to the number of responses. The estimate of 
88,117 responses in the existing OMB approval incorporated a predicted 
reporting increase from the economic analysis of the final rule to 
lower reporting thresholds for lead and lead compounds. This prediction 
overestimated actual reporting levels; EPA received about 70 percent of 
the additional lead and lead compound reports that were forecast. The 
number of responses in this ICR supporting statement have been adjusted 
to

[[Page 39078]]

accurately reflect actual reporting levels (rounded to the next highest 
thousand responses). This adjustment accounts for a decrease of about 
218,000 hours.
    The second adjustment is to the unit burden hours. EPA has adjusted 
the estimate of unit burden hours for Form R completion in subsequent 
years from 47.1 hours to 14.5 hours based on responses from actual TRI 
reporting facilities. This adjustment accounts for a decrease of about 
2.68 million hours.
    The third 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 Recordkeeping/Submission by 
25 percent for the reports filed using TRI-ME. 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 adjustment accounts for a 
decrease of about 261,000 hours.
    The sum of these adjustments is a decrease of 4,117 responses and 
3,162,697 burden hours from the current approved total. These 
adjustments are described in further 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. 03-16585 Filed 6-30-03; 8:45 am]
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