[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Notices]
[Page 77019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21957]


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ENVIRONMENTAL PROTECTION AGENCY


Toxics Release Inventory--Decision To Maintain Existing Reporting 
Frequency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's decision to maintain the annual 
reporting requirement for the Toxics Release Inventory (TRI). This 
announcement is being made in follow-up to an October 4, 2005, Federal 
Register notice that stated that EPA intended to explore potential 
approaches for modifying the TRI reporting frequency (70 FR 57871). The 
Agency has decided not to pursue any changes in the TRI reporting 
frequency.

FOR FURTHER INFORMATION CONTACT: Suzanne Ackerman, 
[email protected], 202-564-4355, Office of Public Affairs.

SUPPLEMENTARY INFORMATION: The Emergency Planning and Community Right-
to-Know Act (EPCRA), section 313(i), requires EPA to notify Congress of 
its intent to modify the TRI reporting frequency, before initiating a 
rulemaking. 42 U.S.C. 11023(i). The Agency must delay the initiation of 
the rulemaking for at least 12 months, but no more than 24 months, 
after the date of the notification.
    On September 21, 2005, EPA notified Congress of its intent to 
explore potential approaches for modifying the reporting frequency for 
facilities that report to TRI. Alternate year reporting was one of the 
options that EPA mentioned in the notice. Before changing the reporting 
frequency, EPCRA section 313(i)(2) requires the Agency to make a 
finding that such a change would be consistent with the purposes of the 
TRI Program as listed in EPCRA section 313(h). This finding must be 
based on experience from previously submitted toxic chemical release 
forms and three determinations, as stated in EPCRA section 313(i)(1), 
(2), and (3): (1) The extent to which information relating to the 
proposed modification provided on the toxic chemical release forms has 
been used by the Administrator or other agencies of the Federal 
Government, States, local governments, health professionals, and the 
public; (2) the extent to which the information is readily available to 
potential users from other sources, such as State reporting programs, 
and provided to the Administrator under another Federal law or through 
a State program; and (3) the extent to which the modification would 
impose additional and unreasonable burdens on facilities subject to the 
reporting requirements under this section. 42 U.S.C. 11023(i)(2) and 
(3).
    In a November 28, 2006, letter to Senator Lautenberg, the 
Administrator announced that the Agency has decided against moving 
forward with any changes to TRI reporting frequency. While the Agency 
does not intend to take any further actions concerning reporting 
frequency, EPA will adhere to the process outlined in 42 U.S.C. 
11023(i)(5) and provide 12 months advance notice to Congress should the 
Agency in the future decide to initiate changes to reporting frequency.

    Dated: December 18, 2006.
Linda A. Travers,
Acting Assistant Administrator for the Office of Environmental 
Information and Chief Information Officer.
 [FR Doc. E6-21957 Filed 12-21-06; 8:45 am]
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