[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Notices]
[Pages 62579-62582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27850]


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ENVIRONMENTAL PROTECTION AGENCY

[TRI-2003-0001; FRL 6723-4]


Toxic Chemical Release Reporting; Community Right-to-Know; Notice 
of On-Line Dialogue

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for public comment.

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SUMMARY: EPA will hold an on-line public dialogue on options for 
reducing the burden on the regulated industry associated with the 
Toxics Release Inventory (TRI) program. This dialogue serves as Phase 2 
of the national Stakeholder Dialogue that the Environmental Protection 
Agency (EPA) has been conducting with the public on various TRI issues; 
Phase 1 was launched in September 2002. EPA is seeking suggestions and 
ideas on a number of burden reduction options including, but not 
limited to: establishing higher reporting thresholds for small 
businesses or for certain classes of facilities or chemicals; modifying 
the eligibility requirements of the Form A Certification Statement to 
expand its use; creating a new form allowing facilities meeting certain 
criteria to certify to no significant change in reporting in the 
current year as measured against a designated baseline year; and using 
range codes in Section 8 of the Form R. EPA is also soliciting comments 
on potential enhancements to its TRI-ME reporting software. 
Instructions for participating in the on-line dialogue are posted at 
EPA's TRI Web site at http://www.epa.gov/tri/programs/stakeholders/outreach.htm. Through this notice EPA is announcing the availability of 
a paper which is intended to provide background on a number of burden 
reduction options and help focus stakeholder discussion.

DATES: The Stakeholder Dialogue comment process, identified by the 
Docket ID No. TRI-2003-0001, will be held until January 5, 2004.

ADDRESSES: The Stakeholder Dialogue Paper will be accessible via the 
Internet at http://www.epa.gov/tri/programs/stakeholders/outreach.htm. 
Comments, identified by Docket ID No. TRI-2003-0001, may be submitted 
by these methods: electronically to EDOCKET at http://www.epa.gov/edocket (EPA's preferred method) or the U.S. Government's online 
rulemaking Web site at http://www.regulations.gov; e-mailed to 
[email protected]; delivered to EPA Docket Center (EPA/DC), EPA West, 
Room B102, 1301 Constitution Ave., NW., Washington, DC 20004; or mailed 
to Office of Environmental Information Docket, Mail Code: 28221T, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. Follow the detailed instructions in Unit 
I.C. of the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: Larry Reisman, Environmental 
Protection Agency, Office of Environmental Information, Office of 
Information Analysis and Access, Toxics Release Inventory Program 
Division; telephone number: (202) 566-0751; fax number: (202) 566-0727; 
e-mail: [email protected]. For general information on the Toxics 
Release Inventory contact the Emergency Planning and Community Right-
to-Know Hotline at (800) 424-

[[Page 62580]]

9346 or (703) 412-9810, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Notice Apply to Me?

    You may be interested in this notice if you use data collected 
under EPCRA section 313, or if you manufacture, process, or otherwise 
use any of the EPCRA section 313 chemicals and you are required to 
report annually to EPA their environmental releases and other waste 
management quantities. Potentially affected categories and entities may 
include, but are not limited to:

------------------------------------------------------------------------
                                                         Examples of
                     Category                            potentially
                                                     interested entities
------------------------------------------------------------------------
Public............................................  Environmental
                                                     groups, community
                                                     groups,
                                                     researchers.
Industry..........................................  SIC major group
                                                     codes 10 (except
                                                     1011, 1081, and
                                                     1094), 12 (except
                                                     1241), 20 through
                                                     39, 4911 (limited
                                                     to facilities that
                                                     combust coal and/or
                                                     oil for the purpose
                                                     of generating
                                                     electricity for
                                                     distribution in
                                                     commerce), 4931
                                                     (limited to
                                                     facilities that
                                                     combust coal and/or
                                                     oil for the purpose
                                                     of generating
                                                     electricity for
                                                     distribution in
                                                     commerce), 4939
                                                     (limited to
                                                     facilities that
                                                     combust coal and/or
                                                     oil for the purpose
                                                     of generating
                                                     electricity for
                                                     distribution in
                                                     commerce), 4953
                                                     (limited to
                                                     facilities
                                                     regulated under the
                                                     Resource
                                                     Conservation and
                                                     Recovery Act,
                                                     subtitle C, 42
                                                     U.S.C. section 6921
                                                     et seq.), 5169,
                                                     5171, or 7389
                                                     (limited to
                                                     facilities
                                                     primarily engaged
                                                     in solvents
                                                     recovery services
                                                     on a contract or
                                                     fee basis).
Federal Government................................  Federal facilities
                                                     in any SIC code.
------------------------------------------------------------------------

    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 the table could also be 
affected. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

B. How Can I Get Copies of Information Associated With This Stakeholder 
Dialogue Process?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. TRI-2003-0001. The official public docket is 
the collection of materials that is available for public viewing at the 
Office of Environmental Information (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.
    2. Electronic Access. An electronic copy of the issue paper is 
available from EPA's TRI Web site at http://www.epa.gov/tri/programs/stakeholders/outreach.htm. You may access this Federal Register 
document electronically through the EPA Internet under the Federal 
Register listings at http://www.epa.gov/fedrgstr/. On the Home Page 
select ``Laws and Regulations'' and then look up the entry for this 
document under the Federal Register--Environmental Documents.'' You can 
also go directly to the Federal Register listings at http://www.epa.gov/homepage/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EDOCKET. You may use 
EDOCKET at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in Docket ID No. ``TRI-2003-0001''. The stakeholder issue 
paper and the Federal Register notice announcing this stakeholder 
dialogue are also available on the EDOCKET.
    Certain types of information will not be placed in the EDOCKET. 
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 EDOCKET, 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.1.
    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 EDOCKET online or see 67 FR 38102, May 31, 2002.

C. How and To Whom Do I Submit Comments?

    You may access the stakeholder dialogue issue paper, instructions 
for commenting on burden reduction options, and link to the electronic 
docket to submit and retrieve comments, from the TRI Stakeholder 
Outreach Web site at: http://www.epa.gov/tri/programs/stakeholders/outreach.htm during the time period specified in this notice.
    Commenters are encouraged to use the TRI Stakeholder Outreach Web 
site

[[Page 62581]]

to access the issue paper and the instructions for commenting on burden 
reduction options. The Outreach Web site also provides a link to the 
EDOCKET Web site for submission of comments and viewing of all comments 
submitted.
    To assist in the organization of all comments received, commenters 
are asked to state in the beginning of their comments the specific 
burden reduction option(s) being addressed. If your comment addresses 
more than one of the options in the stakeholder paper, please indicate 
in the beginning of your comment the number associated with each of the 
options addressed. The stakeholder paper has 6 options. Option 6 
requests comment on options not specifically discussed in the 
stakeholder paper. The stakeholder paper also requests comment on the 
ongoing Toxics Release Inventory--Made Easy (TRI-ME) software. If your 
comment addresses this software, please state in the beginning of your 
comment that it addresses ``TRI-ME.''
    You may submit comments electronically, by mail, or through hand 
delivery/courier. To avoid unnecessary duplication of comments, please 
submit your comments through only one method of delivery. To ensure 
proper receipt by EPA, identify the appropriate docket identification 
number 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.
    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.
    a. EDOCKET. 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. TRI-
2003-0001. Please state in the beginning of the comment the specific 
burden reduction option(s) being addressed by the comment. 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.
    b. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], Attention Docket ID No. TRI-2003-0001. Please state 
in the beginning of the comment the specific burden reduction option(s) 
being addressed by the comment. 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.
    c. Disk or CD-ROM. You may submit comments on a disk or CD-ROM that 
you mail to the mailing address identified in Unit I.C.2. Please state 
in the beginning of the comment the specific burden reduction option(s) 
being addressed by the comment. These electronic submissions will be 
accepted in MS Word, WordPerfect, or ASCII file format. Avoid the use 
of special characters and any form of encryption.
    2. By Mail. Send your comments to: Office of Environmental 
Information Docket, Environmental Protection Agency, Mail Code: 28221T, 
1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID 
No. TRI-2003-0001. Please state in the beginning of the comment the 
specific burden reduction option(s) being addressed by the comment.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC, 20004, telephone: 202-566-1744, Attention Docket 
ID No. TRI-2003-0001. Please state in the beginning of the comment the 
specific burden reduction option(s) being addressed by the comment. 
Such deliveries are only accepted during the Docket's normal hours of 
operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
Commenters wishing to submit proprietary information for consideration 
must clearly distinguish such information from other comments and 
clearly label it as CBI. Send submissions containing such proprietary 
information directly to the following address only, and not to the 
public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Attention: OEI Document Control 
Officer, Mail Code: 2822T, U.S. EPA, 1200 Pennsylvania Ave. NW., 
Washington, DC, 20460. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is CBI). The EPA will disclose information 
claimed as CBI only to the extent allowed by the procedures set forth 
in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD-ROM, mark the outside 
of the disk or CD-ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

II. Background

    EPA initiated a Stakeholder Dialogue process in September 2002, to 
identify improvements to the Toxics Release Inventory (TRI) and to 
develop opportunities to reduce the burden on reporting facilities. A 
primary goal of this effort by EPA is to reduce burden associated with 
TRI reporting while at the same time continuing to provide valuable 
information to the public consistent with the goals and statutory 
requirements of the TRI program.

[[Page 62582]]

    While the TRI program has been very successful, EPA is continuing 
to seek ways to improve the program. Given the community focus of the 
TRI program and the broad and varied uses of the TRI data, it is 
important that EPA receive input from all stakeholders--the states, the 
reporting community and other businesses, community and environmental 
groups, researchers, and the public.
    Phase 1 took place in the fall of 2002 and focused on the 
reporting, collecting, processing, and annual release of the TRI data. 
Specifically, EPA sought comment on ways to: (1) Improve the compliance 
assistance provided by the TRI program, both at Headquarters and in the 
Regions, to aid the reporting community; (2) streamline the collection 
and processing of the 90,000 TRI forms that EPA receives annually; and 
(3) improve the materials, including the context, documents and tools, 
that EPA develops for its annual public release of the TRI data to 
support their use and analysis of the data. EPA has received 
approximately 200 comments and has implemented several of the 
suggestions. EPA continues to examine ways to further improve TRI data 
processing, data release, and compliance assistance in light of the 
comments received.
    Phase 2 of the stakeholder dialogue will focus on reducing the 
burden associated with the TRI reporting requirements. EPA is looking 
to more fully explore these broadly outlined options with the intention 
of identifying a specific burden reduction initiative that effectively 
lessens the burden on facilities but at the same time ensures that TRI 
continues to provide communities with the same high level of 
significant chemical release and other waste management information.
    Specifically, comment is being requested on a number of options 
such as: Higher reporting thresholds for small business; expanded use 
of the Form A Certification Statement; a new, ``no significant change'' 
certification statement; and the application of range codes to Section 
8 of the Form R. EPA is also engaged in an effort to improve its award-
winning Toxics Release Inventory--Made Easy software, and is soliciting 
comments on specific enhancements that would reduce the burden of TRI 
reporting. The stakeholder paper describing these and other options for 
burden reduction is posted on the TRI Web site and is intended to 
provide background and help focus the stakeholder discussion. 
Stakeholders are encouraged to comment on any of the specific options 
discussed in the paper, or as the paper states, stakeholders may 
comment on options not discussed in the paper.
    While the Agency is genuinely interested in pursuing burden 
reduction, the mere inclusion of an option in this paper does not mean 
that the Agency has already determined the option to be technically, 
practically, and legally feasible. Instead, each option included in 
this paper is intended to encourage thoughtful comment that develops a 
meaningful burden reduction initiative that is technically, 
practically, and legally feasible.

    Dated: October 30, 2003.
Elaine G. Stanley,
Director, Office of Information Analysis and Access.
[FR Doc. 03-27850 Filed 11-4-03; 8:45 am]
BILLING CODE 6560-50-P