[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Pages 28520-28523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9907]


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ENVIRONMENTAL PROTECTION AGENCY

[OEI-2004-0006, FRL-7914-3]


Toxic Chemical Release Reporting; Request for Comment on Renewal 
of Proposed, EPA ICR Number 1363-14, OMB Control Number 2070-0093

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 document announces that EPA is planning to submit a 
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. 1363-14, OMB No. 
2070-0093.) This ICR involves a collection activity that is currently 
approved and scheduled to expire on January 31, 2006.

DATES: Comments, identified by Docket ID No. OEI-2004-0006 must be 
submitted on or before July 18, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OEI-2004-
0006, by one of the following methods:
    1. Agency Web site: http://www.epa.gov/edocket. EDOCKET, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the online instructions for submitting 
comments.
    2. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the online instructions for submitting comments.
    3. E-mail: [email protected].
    4. Fax number: 202-566-0741.
    5. Mail: Office of Environmental Information (OEI) Docket, 
Environmental Protection Agency, Mail Code: 28221T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460. Attention Docket ID No. TRI-2004-0001.
    6. Hand Delivery: 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-2004-0001. Such deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. OEI-2004-0006. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information for which disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through

[[Page 28521]]

EDOCKET or regulations.gov, your e-mail address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the Internet. If you submit an 
electronic comment, EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. 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. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: EPA has established an official public docket for this 
action under Docket ID No. OEI-2004-0006. The public docket contains 
information considered by EPA in developing this ICR. In addition, 
interested parties should consult documents that are referenced in the 
documents that EPA has placed in the docket, regardless of whether 
these referenced documents are electronically or physically located in 
the docket. For assistance in locating documents that are referenced in 
documents that EPA has placed in the docket, but that are not 
electronically or physically located in the docket, please consult the 
person listed in the following FOR FURTHER INFORMATION CONTACT section. 
All documents in the docket are listed in the EDOCKET index at: http://www.epa.gov/edocket. Although listed in the index, some information is 
not publicly available, i.e., CBI or other information for which 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET, or in hard 
copy at the OEI Docket, EPA/DC, EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The 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.

FOR FURTHER INFORMATION CONTACT: Cassandra Vail, Toxics Release 
Inventory Program Division, Office of Information Analysis and Access 
(2844T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-566-0753; fax number: 202-
566-0741; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

General Information

A. Does This Notice Apply to Me?

    This document applies to facilities that submit annual reports 
under section 313 of the Emergency Planning and Community Right-to-Know 
Act (EPCRA). It specifically applies to those who submit the TRI Form R 
or Form A Certification Statement. (See http://epa.gov/tri/report/index.htm#forms for detailed information about EPA's TRI reporting 
forms.) To determine whether your facility would be affected by this 
action, you should carefully examine the applicability criteria in part 
372 subpart B of Title 40 of the Code of Federal Regulations. 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.
    This document also is relevant to those who utilize EPA's TRI 
information, including State agencies, local governments, communities, 
environmental groups and other non-governmental organizations, as well 
as members of the general public.

B. 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-2004-0006. 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 ``Current 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/tri/report/index.htm#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 
access those documents in the public docket that are available 
electronically. Once in the system, select either ``quick search or 
advanced search,'' then key in the appropriate docket identification 
number (i.e., OEI-2004-0006).
    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 at http://www.epa.gov/edocket/ or see 67 FR 
38102, May 31, 2002.

C. How and to Whom Do I Submit Comments?

    1. Tips for Preparing Your Comments. When submitting comments, 
remember to: Identify the notices/rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    a. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    b. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    c. Describe any assumptions and provide any technical information 
and/or data that you used.
    d. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    e. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    f. Explain your views as clearly as possible.

[[Page 28522]]

    g. Make sure to submit your comments by the comment period deadline 
identified.
    2. Submitting CBI. 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). 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.

D. What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(a) of the Paperwork Reduction Act 
(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.

E. 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, 2006.
    Title: Toxic Chemical Release Reporting; Request for Comments of 
Renewal and Proposed Changes
    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 industry's 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.

F. What Are EPA's Burden and Cost Estimates for This ICR?

    Burden Statement: 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. This 
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

[[Page 28523]]

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. 2070-0093, is estimated to average 47.1 
hours for facilities submitting a Form R certification statement for a 
single listed PBT chemical and 25.2 hours for a Form R certification 
statment for a single listed non-PBT chemical. 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: 22,000 respondents. Frequency of Responses: Annual. 
Estimated Total Annual Burden Hours: 3,796,414 burden hours. Estimated 
Total Annual Burden Costs: $ 1.75 million.

G. What Are the Proposed Changes This ICR?

    No changes are proposed. EPA is seeking a two-year renewal of the 
current TRI ICR No. 1363.13.

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

    No changes are proposed in estimates used and approved in the 
current TRI ICR.

I. 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 above.

    Dated: May 10, 2005.
Mike Flynn,
Office Director, Office of Information Analysis and Access.
[FR Doc. 05-9907 Filed 5-17-05; 8:45 am]
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