[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47195-47197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16039]



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ENVIRONMENTAL PROTECTION AGENCY

[OEI-2005-0007; FRL-7951-6]


Toxic Chemical Release Reporting; Alternate Threshold for Low 
Annual Reportable Amounts; Request for Comment on ICR Renewal; (Form A) 
EPA ICR Number 1704.08, OMB Control Number 2070-0143

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 the procedures described in 5 
CFR 1320.12: Alternate Threshold for Low Annual Reportable Amounts, 
Toxic Chemical Release Reporting (EPA ICR No. 1704.08, OMB No. 2070-
0143). ICR Number 1704.08, OMB Control Number 2070-0143 involves the 
reporting and record keeping requirements associated with reporting 
under the alternate threshold for reporting to the Toxics Release 
Inventory (TRI), which appear in 40 CFR part 372. This ICR involves a 
collection activity that is currently approved and scheduled to expire 
on January 31, 2006.

DATES: Comments, identified by the docket control number OEI-2005-0007, 
must be submitted on or before October 11, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OEI-2005-
0007, 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 on-line instructions for submitting 
comments.
    2. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line 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-2005-0007.
    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-2005-0007. 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-2005-0007. 
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 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-2005-0007. 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, e.g., 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 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

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Docket ID No. OEI-2005-0007. 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
    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-2005-0007). Electronic copies of the 
ICR and the proposed Form A are available at this site. An electronic 
copy of the existing Form A and instructions for its completion are 
available at http://www.epa.gov/tri/report/index.htm#forms. The new 
Form A differs from the existing one in that certain changes were 
promulgated relating to the form in the Forms Modification Rule (70 FR 
39931). These changes eliminated certain fields from the Form A.
    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.
    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; Alternate Threshold for 
Low Annual Reportable Amounts; Request for Comment on ICR Renewal.
    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

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chemical in wastes. A facility that otherwise meets the current 
reporting thresholds, but estimates that the total amount of the 
chemical that is released, disposed of, treated, recycled, or combusted 
for energy recovery 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 alternate 
threshold may 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 released, 
disposed of, treated, recycled, or combusted for energy recovery 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 Statement represents a substantial savings to 
respondents, both in burden hours and in labor costs. The new Form A 
differs from the existing one in that certain changes were promulgated 
relating to the form in the Forms Modification Rule (70 FR 39931). 
These changes eliminated certain fields from the Form A.
    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.

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 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. 2070B0143, is 
estimated to average 20.6 hours per form for facilities submitting a 
Form A certification statement 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: 5000 respondents. Frequency of Responses: 
Annual. Estimated Total Annual Burden Hours: 259,192 burden hours. 
Estimated Total Annual Burden Costs: $11.9 million.

G. What Are the Proposed Changes to This ICR?

    Only a very minor adjustment to reflect the impacts of the 
previously mentioned Forms Modification Rule has been made to the ICR. 
No modeling or other changes are proposed. EPA is seeking a two-year 
renewal of the current EPA ICR No. 1704.07.

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

    The only changes proposed are the incorporation of reductions 
resulting from the Forms Modification Rule.

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: August 4, 2005.
Michael P. Flynn,
Director, Office of Information Analysis and Access.
[FR Doc. 05-16039 Filed 8-11-05; 8:45 am]
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