[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Notices]
[Pages 37762-37766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13425]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-TRI-2007-0355; FRL-8338-6]


Agency Information Collection Activities, Proposed Collections; 
Toxic Chemical Release Reporting; Request for Comments on Proposed 
Renewals of Form R (EPA ICR No. 1363.15, OMB Control No. 2070-0093 ) 
and Form A Certification Statement (EPA ICR No. 1704.09, OMB Control 
No. 2070-0143)

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 document announces that the U.S. 
Environmental Protection Agency (EPA) is planning to submit a request 
to the Office of Management and Budget (OMB) to renew existing approved 
Information Collection Requests (ICRs) for the Toxics Release Inventory 
(TRI) reporting Form R and the Form A Certification Statement. Both 
ICRs are scheduled to expire on January 31, 2008. Before submitting the 
ICRs to OMB for review and approval, EPA is soliciting public comments 
on the proposed information collections, incorporating proposed minor 
changes, as described in this notice.

DATES: Comments must be submitted to EPA on or before September 10, 
2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
TRI-2007-0355, by one of the following methods:
    (1) U.S. Government Web site for Federal Rulemaking, http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    (2) E-mail: [email protected].
    (3) Fax: 202-566-9744.
    (4) Mail: Office of Environmental Information (OEI) Docket, U.S. 
Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    (5) Hand Delivery: Public Reading Room, EPA West Building, Room 
3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such 
deliveries are only accepted during the docket's normal hours of 
operations: 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: To submit a comment to the docket, direct your 
comments to Docket ID No. EPA-HQ-TRI-2007-0355. EPA's policy is that 
all comments received will be included in the public

[[Page 37763]]

docket without change and will be made available online at http://www.regulations.gov, including any personal information that has been 
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 is 
considered to be CBI or otherwise protected information through 
www.regulations.gov or e-mail. The www.regulations.gov Web site is an 
``anonymous access'' system, which means that EPA will not know your 
identity or contact information unless you provide it in the body of 
your comments. If you send an e-mail comment directly to EPA without 
going through www.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. When preparing electronic 
files, avoid using special characters or any form of encryption and 
ensure that the electronic files to be submitted are free of any 
defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

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

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket?

    EPA has established a public docket for the ICRs described in this 
notice under Docket ID No. EPA-HQ-TRI-2007-0355, which is available for 
online viewing at http://www.regulations.gov. Go to http://www.regulations.gov to obtain a copy of the proposed collections of 
information, to submit or view public comments, to obtain an index of 
the docket contents, and to obtain those documents in the public docket 
that are available electronically. Once in the system, select 
``search,'' then enter the docket ID number identified in this 
document.
    The docket is also available for viewing in person at the OEI 
Docket, EPA Docket Center (EPA/DC), U.S. EPA West Building, Room 3334, 
1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading 
Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The phone number for the Reading Room is 202-566-1744, 
and the phone number for the OEI Docket is 202-566-1752.

In Which Information Is EPA Particularly Interested?

    Pursuant to section 3506(c)(2)(a) of the Paperwork Reduction Act 
(PRA), EPA specifically solicits comments and information to enable it 
to:
    (1) 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;
    (2) 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;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) 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 the electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.
    EPA is also particularly interested in comments regarding the 
changes the Agency is proposing to the TRI reporting forms and 
instructions. See below for a description of the changes that EPA is 
proposing to make to the ICRs for TRI (i.e., under section ``Are There 
Changes in the Burden Estimates from the Last Approval?'').

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    (1) Explain your views as clearly as possible and provide specific 
examples;
    (2) Describe any assumptions that you used;
    (3) Provide copies of any technical information and/or data you 
used that support your views;
    (4) If you estimate the potential burden hours or labor costs, 
explain how you arrived at your estimates;
    (5) Offer alternative ways to improve the collection activity;
    (6) Make sure to submit your comments by the deadline identified 
under DATES; and
    (7) To ensure proper receipt by EPA, identify the docket ID number 
assigned to this action in the subject line on the first page of your 
response. You may also provide the name, date, and Federal Register 
citation.

What Information Collection Activity or ICR Does This Apply to?

    This notice provides information on the proposed renewal of two 
ICRs: One for the TRI Form R (EPA ICR No. 1363.15, OMB Control No. 
2070-0093) and the other for the TRI Form A Certification Statement 
(EPA ICR Number 1704.09, OMB Control Number 2070-0143). Both forms are 
used extensively throughout the reporting community.
    Affected Entities: Section 313 of the Emergency Planning and 
Community Right-to-Know Act (EPCRA) requires owners/operators of 
facilities that meet all of the following criteria to report to the TRI 
Program:
    (1) The facility has 10 or more full-time employee equivalents 
(i.e., a total of 20,000 hours or greater; see 40 CFR 372.3); and
    (2) The facility is included in an industry sector that is covered 
by the statute (based on SIC/NAICS codes); and
    (3) The facility manufactures (defined to include importing), 
processes, or otherwise uses any EPCRA section 313 chemical in 
quantities greater than the established threshold in the course of the 
calendar year.
    Federal facilities are also required to report to the TRI Program, 
as indicated in the instructions and requirements for implementing 
Executive Order 13423, ``Strengthening Federal Environmental, Energy, 
and Transportation Management.''
    Title: Agency Information Collection Activities, Proposed 
Collections; Toxic Chemical Release Reporting; Request for Comments on 
Proposed Renewals of Form R (EPA ICR No. 1363.15, OMB Control No 2070-
0093) and Form A Certification Statement (EPA ICR Number 1704.09, OMB 
Control Number 2070-0143).
    ICR Status: The ICRs for the TRI Form R and the TRI Form A 
Certification

[[Page 37764]]

Statement are scheduled to expire on January 31, 2008.
    Abstract: EPCRA section 313 requires owners and operators of 
certain facilities that manufacture, process, or otherwise use any of 
certain listed toxic chemicals and chemical categories in excess of 
applicable threshold quantities to report annually to EPA and 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 facilities to 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 
and PPA section 6607 provides the public with a useful picture of the 
total disposition of chemicals at the community level and helps 
industrial facilities identify pollution prevention and source 
reduction opportunities.
    This information, commonly known as the Toxics Release Inventory 
(TRI), is used extensively by EPA programs and the public. EPA program 
offices use TRI data, along with other data, to help establish 
programmatic priorities, evaluate potential exposure scenarios, and 
undertake regulatory and enforcement activities. Environmental and 
public interest groups also use the data to better understand toxic 
chemical releases, to inform the public of toxic chemical releases at 
the community level, and to engage the public and private sectors in 
taking action to reduce toxic chemical releases. Industrial facilities 
and industry associations also use the TRI data to evaluate the 
efficiency of their production processes and to help monitor their 
progress in achieving pollution prevention goals.
    The TRI data are unique in providing a multi-media picture of toxic 
chemical releases, transfers, and other waste management activities to 
air, water, and land from the local community level to the national 
level on a yearly basis. While some media-specific toxic chemical data 
and related permit data are available from other sources, the chemicals 
and industry sectors covered, the reporting timeframes, and the degree 
to which the data are publicly available are not directly comparable to 
TRI, making it difficult to obtain as comprehensive a picture of toxic 
chemical releases from other sources as is available from TRI. With 
TRI, communities, government agencies, and industrial facilities have 
easy access to quantitative information about the toxic chemicals that 
are being released, transferred, or otherwise managed as waste at a 
given location.
    Facilities that are subject to the TRI reporting requirements must 
submit their reports for each calendar year by July 1st of the 
following year. Responses to the collection of information are 
mandatory (see 40 CFR part 372). Respondents may claim trade secrecy 
for a chemical's identity as described in section 322 of EPCRA and its 
implementing regulations in 40 CFR part 350. EPA will disclose 
information that is covered by a claim of trade secrecy only to the 
extent permitted by, and in accordance with, the procedures in 40 CFR 
part 350 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 in 40 CFR are listed in 40 CFR 
part 9 and are identified on the form and/or instrument, if applicable.
    Burden Statement: The average time required for calculations, form 
completion, and recordkeeping for Form R, incorporating all of the 
proposed changes outlined below, is estimated to be 29.7 hours for a 
non-PBT chemical and 51.4 hours for a PBT chemical. The average time 
required for calculations, form completion, and recordkeeping for the 
Form A Certification Statement for a single TRI-listed chemical, 
incorporating all of the proposed changes outlined below, is estimated 
to be 20.6 hours for a non-PBT chemicals and 36.0 hours for a PBT 
chemical.
    Reporter burden is calculated as the total time, effort, and/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; disclosing and providing information; 
adjusting existing ways to comply with any previously applicable 
instructions and requirements that have subsequently changed; training 
personnel to respond to a collection of information; searching data 
sources; completing and reviewing the collection of information; and 
transmitting or otherwise disclosing the information.

Are There Changes in the Burden Estimates From the Last Approval?

    OMB approved the ICR for Form R and the ICR for the Form A 
Certification Statement on March 3, 2006, with an expiration date of 
January 31, 2008. The ICR for Form R approved at that time reflected a 
respondent reporting burden of 3,746,590 hours and labor costs of 
$170,500,000. The ICR for Form A approved at that time reflected a 
respondent reporting burden of 259,192 hours and labor costs of 
$11,919,489.
    Since the last ICR Renewals, EPA published the final TRI Burden 
Reduction Rule (71 FR 76932; December 22, 2006), which broadened the 
eligibility criteria for facilities that can utilize the shorter Form A 
Certification Statement rather than the longer, more-detailed Form R. 
The TRI Burden Reduction Rule is thus expected to reduce the number of 
Form Rs and increase the number of Form A Certification Statements that 
will be submitted by TRI-regulated facilities.
    On February 20, 2007, OMB approved new burden hour and labor cost 
figures for the Form R and Form A Certification Statement, in response 
to the final TRI Burden Reduction Rule. OMB's approvals indicated (1) a 
decrease in the total burden hours for Form R from 3,746,590 to 
3,344,292--a decrease of 402,298 hours for Form R; and (2) an increase 
in the total burden hours for Form A from 259,192 to 538,688--an 
increase of 279,496 hours for the Form A Certification Statement. OMB's 
Terms of Clearance stated that the new burden hours reflect ``changes 
in the TRI Burden Reduction Rule, which expands the eligibility for 
Form A reporting. The increase of 279,496 hours in Form A is more than 
offset by a 402,298 hour reduction in Form R, for a net burden 
reduction of 122,802 hours.'' (Please note that the figures in the 
2006-2008 ICRs, approved in March 2006, were based on the number of RY 
2002 TRI forms, which was higher than the number of RY 2005 TRI forms; 
therefore, the current estimates are higher than they would be if all 
of the calculations had been based on RY 2005 data. The proposed ICRs 
for 2008-2010 incorporate RY 2005 data in all of the calculations.)
    Utilizing the RY 2005 TRI reporting data and updated labor rates 
throughout the analyses, EPA now estimates the total respondent burden 
and labor costs for Form R (including the implementation of the TRI 
Burden Reduction Rule) to be 3,215,715 hours and $160,730,000, not 
including the proposed changes to the Form R which are outlined below. 
The changes that the TRI Program is proposing to make to the Form R and 
reporting instructions are expected to result in a total respondent 
burden and cost for Form R of 3,216,246 hours and $160,760,000.
    Utilizing the RY 2005 TRI reporting data and updated labor rates 
throughout

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the analyses, EPA now estimates the total respondent burden and labor 
costs for the Form A Certification Statement (including the 
implementation of the TRI Burden Reduction Rule) to be 515,284 hours 
and $25,985,056, not including the proposed changes to the form that 
are outlined below. The changes that the TRI Program is proposing to 
make to the Form A Certification Statement and reporting instructions 
are expected to result in a total respondent burden and cost for Form A 
of 517,311 hours and $26,062,859.
    For a detailed explanation of the Agency's estimates of the 
respondent reporting burden and labor costs, please refer to the 
proposed Supporting Statements for the Form R and the Form A 
Certification Statement, which are available in the docket.
    EPA is proposing changes to the Form R and Form A Certification 
Statement to standardize and enhance the utility of the data. More 
specifically, the changes to the forms and instructions (described 
below) will help the TRI Program better determine its impact on small 
businesses, allow facilities to provide more detailed information on 
how they estimate their data, facilitate efficient contact with the 
appropriate facility personnel, and determine and better understand the 
reasons for form revisions or withdrawals.
    1. Collect Small Business Information (Forms R and A). Add fields 
to both the Form R and the Form A Certification Statement to collect 
information on whether the reporting facility's parent company is a 
small business, as defined by the Small Business Administration (SBA). 
(If the facility does not have a parent company, small business 
information would be collected on the facility itself and all of its 
affiliates considered together.) Rationale: EPA strives to achieve an 
appropriate balance between collecting valuable TRI data and reducing 
the reporting burden on regulated facilities, including small 
businesses. To date, it has been a time-consuming process to assess the 
impact of TRI regulatory changes on small businesses, and in some 
instances, the data needed to determine whether a facility is a small 
business have not been available to EPA. By collecting small business 
information about facilities directly on the TRI reporting forms, the 
TRI Program will be better able to determine the impacts of potential 
TRI regulatory changes on small businesses more quickly and accurately.
    2. Provide More Specific ``Basis of Estimate'' Codes (Form R only). 
Provide more ``basis of estimate'' codes in the TRI Reporting Forms and 
Instructions (RFI) for use on Form R which facilities can use to 
indicate the principal method used to determine the quantities reported 
to the TRI Program. Rationale: Facilities may currently select among 
four codes to indicate how they calculate their release quantities: The 
use of monitoring data (code M), mass balance calculations (C), 
emission factors (E), and other approaches (O). EPA is proposing to 
provide more specific codes in the RFI which would allow the facilities 
to provide better information on the ``basis of estimate.'' For 
example, with the proposed changes, facilities could use a different 
code for continuous monitoring than for periodic or random monitoring. 
In addition, the new set of codes would make the TRI ``basis of 
estimate'' codes comparable to the codes used by the Canadian 
government, thereby making it easier to analyze and compare data 
between the United States and Canada.
    3. Enhance the Point of Contact Information (Form R and/or Form A, 
as noted below).
    a. Provide a field on the Form R and Form A for ``Form Preparer,'' 
for use by a facility if the form preparer is a different individual 
than the ``Technical Contact.'' Rationale: When questions arise about a 
facility's data submission, the TRI Program may wish to contact the 
facility to clarify the information. In a number of instances in the 
past, TRI Program staff have contacted the ``Technical Contact'' listed 
on a facility's form and been asked to contact another individual who 
prepared the form on the facility's behalf. By adding a field for 
``Form Preparer,'' the TRI Program staff will be able to contact the 
appropriate individual depending on the nature of the question or 
issue. The ``Form Preparer'' does not need to be the same individual as 
either the ``Technical Contact'' or the individual who certifies and 
signs the form, and the ``Form Preparer'' does not necessarily need to 
be someone at the location of the reporting facility.
    b. Add an e-mail address field for the ``Public Contact'' to Form 
R. Rationale: Providing an e-mail address will make it easier to 
contact and follow-up with the ``Public Contact'' if necessary.
    c. Add a field for the ``Public Contact Name'' to Form A, along 
with associated telephone number and e-mail address fields. Rationale: 
Adding a ``Public Contact'' field to the Form A will provide the name 
of a person who can respond to questions from the public about the Form 
A Certification Statement. It will also make the Form A contact 
information more consistent with the information provided on Form R.
    4. Add Boxes for Entering Revision Codes (Forms R and A). Provide 
boxes on the Form R and Form A where up to two codes (which will be 
listed and defined in the Reporting Forms and Instructions) can be 
entered to indicate the main reason(s) that a form is being revised. 
Rationale: The TRI Program currently receives many form revisions each 
year, but does not currently collect information on the reasons for the 
revisions. The new revision codes will allow both the public and the 
TRI Program to better understand why a facility resubmitted a form. In 
addition, by analyzing the reasons for revisions, the TRI Program may 
be better able to address recurring reporting issues or problems that 
facilities may be facing, ultimately reducing errors and saving time 
for both the Agency and the reporting facilities.
    5. Provide a Field for Withdrawing a Form, and Add Boxes for 
Entering Withdrawal Codes (Forms R and A). Provide a new field, along 
with boxes where up to two codes can be entered, on the Form R and Form 
A so that facilities can use the forms to withdraw a previous report, 
if appropriate, and indicate the main reason(s) for the withdrawal. 
Rationale: Currently, a facility that wishes to withdraw a previously 
submitted form must submit its request, including the rationale, as a 
hard copy memo to the TRI Data Processing Center via regular mail, 
certified mail, or overnight delivery. The addition of a ``Withdrawal'' 
field and the associated code boxes to the Form R and Form A will make 
it easier for the TRI Program to automate the withdrawal process and 
then to analyze the reasons for withdrawals more efficiently.
    Taken together, the form changes described above will help the TRI 
Program better determine its impact on small businesses, enhance the 
information provided on estimation methods, facilitate contact with the 
appropriate facility personnel, and better understand and analyze the 
form revision and withdrawal processes. The total burden increase that 
would result from the changes outlined above would be relatively small 
compared to the overall information collection burden, and this small 
increase would be negligible in comparison to the total burden 
reduction that resulted from the final TRI Burden Reduction Rule. Based 
on calculations using RY 2005 data, the total burden hours for the 
2008-2010 ICRs (i.e., considering the Forms R and A together) would be 
(1) reduced by 3.5% due to the final TRI Burden

[[Page 37766]]

Reduction Rule and (2) modestly increased by .16% due to the proposed 
revisions of the reporting forms and instructions.

What Is the Next Step in the Process for These ICRs?

    EPA will consider the comments received on the proposed information 
collections and revise the ICRs as appropriate. The final ICR packages 
will then be submitted to OMB for review and approval pursuant to 5 CFR 
1320.12. At that time, EPA will publish another Federal Register notice 
for each ICR pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the 
submission of the ICRs to OMB and the opportunity for the public to 
submit additional comments to OMB. If you have any questions about 
these ICRs or the approval process, please contact the individual 
listed under FOR FURTHER INFORMATION CONTACT.

    Dated: July 3, 2007.
Mike Flynn,
Office Director, Office of Information Analysis and Access, Office of 
Environmental Information.
 [FR Doc. E7-13425 Filed 7-10-07; 8:45 am]
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