[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7841-7844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3100]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2010-0835; FRL-9265-8]


Agency Information Collection Activities; Proposed Collections; 
Toxic Chemical Release Reporting; Request for Comments on Proposed 
Renewal of Form R and Form A, Including Minor Form Revisions and the 
Ratio-Based Burden Methodology

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 
3501 et seq.), EPA is planning to submit a request to renew an existing 
approved Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This ICR is scheduled to expire on July 
31, 2011. The ICR Supporting Statement, which is summarized below and 
also posted in the docket, along with a technical document titled 
``Revising TRI Burden to Ratio-Based Methodology,'' describes the 
nature of the information collection (including proposed form changes) 
and its estimated burden and cost. Before submitting the ICR to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the proposed information collection as described below.

DATES: Comments must be submitted on or before April 12, 2011.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OEI-
2010-0835, by one of the following methods:
     U.S. Government Web site for Federal Rulemaking, follow 
the on-line instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-9744.
     Mail: Office of Environmental Information (OEI) Docket, 
U.S. Environmental Protection Agency, Mail Code 2822T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
     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, 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. Special arrangements should be made for deliveries of 
boxed information.
    Instructions: To submit a comment to the docket, direct your 
comments to Docket ID No. EPA-HQ-OEI-2010-0835. EPA's policy is that 
all comments received will be included in the public 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 http://www.regulations.gov or e-mail. The http://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 http://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 
(2844T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number, 202-566-0753; e-mail address, 
[email protected].

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or submit comments?

    EPA has established a public docket for the ICR described in this 
notice under Docket ID No. EPA-HQ-OEI-2010-0835, which is available for 
online viewing at http://www.regulations.gov. Go to http://www.regulations.gov to obtain a copy of the proposed collection 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 8:30 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 
new Ratio-Based Burden Methodology;
    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.

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;

[[Page 7842]]

    3. Provide copies of any technical information and/or data you used 
that support your views;
    4. If you provide estimates of 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?

    Affected Entities: This ICR applies to facilities that submit 
annual reports under section 313 of the Emergency Planning and 
Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution 
Prevention Act (PPA). The applicability criteria are outlined in part 
372, subpart B, of Title 40 of the Code of Federal Regulations, and 
potentially affected categories and entities may include, but are not 
limited to the following:

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           Category            Examples of potentially affected entities
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Industry.....................  Facilities included in the following
                                NAICS manufacturing codes (corresponding
                                to SIC codes 20 through 39): 311*, 312*,
                                313*, 314*, 315*, 316, 321, 322, 323*,
                                324, 325*, 326*, 327, 331, 332, 333,
                                334*, 335*, 336, 337*, 339*, 111998*,
                                211112*, 212324*, 212325*, 212393*,
                                212399*, 488390*, 511110, 511120,
                                511130, 511140*, 511191, 511199, 512220,
                                512230*, 519130*, 541712*, or 811490*.
                               * Exceptions and/or limitations exist for
                                these NAICS codes.
                               Facilities included in the following
                                NAICS codes (corresponding to SIC codes
                                other than SIC codes 20 through 39):
                                212111, 212112, 212113 (correspond to
                                SIC 12, Coal Mining (except 1241)); or
                                212221, 212222, 212231, 212234, 212299
                                (correspond to SIC 10, Metal Mining
                                (except 1011, 1081, and 1094)); or
                                221111, 221112, 221113, 221119, 221121,
                                221122, 221330 (Limited to facilities
                                that combust coal and/or oil for the
                                purpose of generating power for
                                distribution in commerce) (correspond to
                                SIC 4911, 4931, and 4939, Electric
                                Utilities); or 424690, 425110, 425120
                                (Limited to facilities previously
                                classified in SIC 5169, Chemicals and
                                Allied Products, Not Elsewhere
                                Classified); or 424710 (corresponds to
                                SIC 5171, Petroleum Bulk Terminals and
                                Plants); or 562112 (Limited to
                                facilities primarily engaged in solvent
                                recovery services on a contract or fee
                                basis (previously classified under SIC
                                7389, Business Services, NEC)); or
                                562211, 562212, 562213, 562219, 562920
                                (Limited to facilities regulated under
                                the Resource Conservation and Recovery
                                Act, subtitle C, 42 U.S.C. 6921 et seq.)
                                (correspond to SIC 4953, Refuse
                                Systems).
Federal Government...........  Federal facilities.
------------------------------------------------------------------------

    If you have questions regarding the applicability of this action to 
a particular entity, consult the individual listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    Title: Toxic Chemical Release Reporting (Form R); Toxic Chemical 
Release Reporting, Alternate Threshold for Low Annual Reportable 
Amounts (Form A) and the Ratio-Based Burden Methodology.
    ICR Numbers: EPA ICR No. 1363.21, OMB Control No. 2025-0009 (TRI 
Form R) and EPA ICR No. 1704.13, OMB Control No. 2025-0010 (TRI Form A 
Certification Statement). EPA proposes to combine these two ICRs into 
one overarching ICR, which will retain the OMB Control No. 2025-0009.
    ICR Status: The ICRs for the TRI Form R and the TRI Form A 
Certification Statement are scheduled to expire on July 31, 2011.
    Abstract: Pursuant to section 313 of EPCRA, certain facilities that 
manufacture, process, or otherwise use specified toxic chemicals in 
amounts above reporting threshold levels must submit annually to EPA 
and to designated State officials toxic chemical release forms 
containing information specified by EPA. 42 U.S.C. 11023. In addition, 
pursuant to section 6607 of the Pollution Prevention Act (PPA), 
facilities reporting under section 313 of EPCRA must also report 
pollution prevention and waste management data, including recycling 
information, for such chemicals. 42 U.S.C. 13106. These reports are 
compiled and stored in EPA's database known as the Toxics Release 
Inventory (TRI); TRI data are made readily available to the public.
    Regulations at 40 CFR part 372, subpart B, require facilities that 
meet all of the following criteria to report:
    1. The facility has 10 or more full-time employee equivalents 
(i.e., a total of 20,000 hours worked per year or greater; see 40 CFR 
372.3); and
    2. The facility is included in a North American Industry 
Classification System (NAICS) Code listed at 40 CFR 372.23 or under 
Executive Order 13148, Federal facilities regardless of their industry 
classification; and
    3. The facility manufactures (defined to include importing), 
processes, or otherwise uses any EPCRA section 313 (TRI) chemical in 
quantities greater than the established thresholds for the specific 
chemical in the course of a calendar year.
    Facilities that meet the criteria must file a Form R report or, in 
some cases, may submit a Form A Certification Statement, for each 
listed toxic chemical for which the criteria are met. As specified in 
EPCRA section 313(a), the report for any calendar year must be 
submitted on or before July 1st of the following year. For example, 
reporting year 2009 data should have been submitted and certified on or 
before July 1, 2010.
    The list of toxic chemicals subject to TRI reporting can be found 
at 40 CFR 372.65. This list is also published every year as Table II in 
the current version of the Toxics Release Inventory Reporting Forms and 
Instructions. The current TRI chemical list contains 593 chemicals and 
30 chemical categories.
    TRI data are used by environmental agencies, industry, and the 
public. EPA program offices use TRI data, along with other data, to 
help establish programmatic priorities, evaluate potential hazards to 
human health and the natural environment, and undertake appropriate 
regulatory and/or enforcement activities. Environmental and public 
interest groups use the data to better understand toxic chemical 
releases at the community level and to work with industry, government 
agencies, and others to promote reductions in toxic chemical releases. 
Industrial facilities use the TRI data to evaluate the efficiency of 
their production processes and to help track and communicate their 
progress in achieving pollution prevention goals.
    The TRI data are unique in providing a multi-media (air, water, and 
land) picture of toxic chemical releases, transfers, and other waste 
management activities by covered facilities on a

[[Page 7843]]

yearly basis. While other environmental media programs provide some 
toxic chemical data and related permit data, the data are not directly 
comparable to TRI data with regard to the types of chemicals and 
industry sectors that are covered or the frequency of reporting. 
Facilities that are subject to TRI reporting must submit reports for 
each calendar year to EPA and the States in which they are located by 
July 1st of the following year.
    Respondents may claim trade secrecy for a chemical's identity as 
described in EPCRA Section 322 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 annual public reporting and recordkeeping 
burden for this collection of information is estimated to be 35.71 
hours for Form R and 21.96 hours for a Form A. 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/verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust existing ways to comply with any previously applicable 
instructions and requirements that have subsequently changed; train 
personnel 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 ICR Supporting Statement provides a detailed explanation of the 
Agency's estimate for TRI program burden, including Form R/A burden, 
which is only briefly summarized here:
     Estimated total number of respondents (i.e., facilities): 
20,871.
     Frequency of response: Annual.
     Estimated total average number of responses: 73,727.
     Estimated total average number of responses for each 
respondent: 3.53.
     Estimated total annual burden hours: 3,515,751 hours.
     Estimated total annual costs: $174,451,565.

What changes are included in this ICR?

    OMB approved the ICR for Form R and the ICR for the Form A 
Certification Statement on March 2, 2008, with original expiration 
dates of March 31, 2011. On February 17, 2010, OMB approved an 
extension of the expiration dates for both forms to July 31, 2011. The 
OMB approved burden numbers on March 2, 2008, where 3,217,280 hours for 
Form R and 515,901 hours for Form A, totaling 3,733,181 hours.
    Several changes in the burden estimates have been approved by OMB 
since the OMB approvals of the ICRs on March 2, 2008. On March 20, 
2009, OMB approved the merging of the ICR for TRI detailed reporting on 
dioxin and dioxin-like compounds (OMB 2025-007, ICR 2086.02), into the 
TRI Form R ICR (currently OMB Control Number 2025-0009), increasing 
burden by 899 hours. Then on March 27, 2009, OMB approved changes in 
the number of responses and the burden hours for Form R and Form A to 
reflect the passage of Section 425 of the Omnibus Appropriations Act of 
2009, which rescinded the December 2006 Toxics Release Inventory Burden 
Reduction Rule. As a result, the OMB-approved numbers for Form R were 
increased by 140,565 hours and for Form A burden were decreased by 
318,418 yielding a net increase of 458,983 hours. Most recently, on 
November 26, 2010, the Addition of National Toxicology Program 
Carcinogens rule was published in the Federal Register. This rule is 
estimated to increase the number of reporting facilities by 74 and the 
number of Form Rs submitted by 186 with an associated burden increase 
of 6,641 hours.
    Meanwhile, over the past several years, there has been a slight 
decrease in the number of facilities reporting to TRI. Based on the 
latest data for Reporting Year 2009 plus updates to reflect changes 
during the year of the ICR project--in this case, the modeled number of 
chemicals and facilities estimated to report under the Addition of 
National Toxicology Program Carcinogens rule, EPA now estimates the 
total number of combined Form R and Form A responses to be 73,727, with 
the associated total annual burden hours to be 3,515,751, and the 
annual cost to be $174,451,565. For a detailed explanation of the 
Agency's estimates of the respondent reporting burden and labor costs, 
please refer to the proposed TRI Form R and A Supporting Statement and 
the document ``Revising TRI Burden to Ratio-Based Methodology,'' which 
are available in the docket.
    EPA is interested in comments regarding methodology revisions 
documented in the peer-reviewed technical document titled, ``Revising 
TRI Burden to Ratio-Based Methodology,'' which is available through the 
docket. The revised methodology, Ratio-Based Burden Methodology (RBBM), 
simplifies calculations, imposes internal consistency, and sharpens 
transparency while retaining the components of the existing methodology 
and maintaining the overall total burden estimate as a starting point. 
EPA invites comments specifically regarding evidence that would 
quantify the ratio of PBT/non-PBT burden for the TRI reporting 
community overall.
    Additionally EPA is seeking comments on an alternate instruction 
for the revision of Form R Section 8.11 in which facilities report 
ongoing and newly implemented source reduction activities. The 
alternate instructions would limit the scope of ``ongoing source 
reduction activities'' to those implemented in the previous five years.
    EPA is proposing to make several changes to the TRI reporting forms 
and associated instructions, but these changes are estimated to have a 
negligible effect on form unit burden. The proposed changes, which are 
outlined below, are designed to help enhance the overall utility of the 
data collected under the TRI Program.
    1. Remove the NA box from the Parent Company field (Part I: Sec. 
5,.5.1) Rationale: The NA box is currently used to indicate a foreign 
parent company. Removing this box and requiring facilities to report 
the highest level U.S. parent company will facilitate analysis of the 
TRI data at the parent company level.
    2. Disaggregate the ``Total Transfers'' field and add fields to 
identify chemical discharge quantities to specific publicly owned 
treatment works (POTWs) (Part II: Sec 6.1). Rationale: The current form 
collects a single ``Total Transfer'' quantity for transfers to all 
POTWs. Providing separate fields for the transfer quantity to each POTW 
will facilitate analysis of the releases to specific watersheds.
    3. Section 8 enhancements, including:
     Change instructional statement on form to include ``newly 
implemented and/or ongoing'' source reduction activities (Part II: Sec. 
8.10).
     Add an N/A box to match associated text revisions (Part 
II: Sec. 8.10).
     Add a field to allow separate reporting for both new and 
ongoing

[[Page 7844]]

source reduction activities (Part II: Sec. 8.10, 8.10.1-4).
     Remove the ``Yes'' box and enlarge the text section for 
the question on optional pollution prevention information (Part II: 
Section 8.11).
    Rationale: The current form requests information on ``any source 
reduction activities for this chemical during the reporting year;'' but 
the Reporting Forms and Instructions request information on ``newly 
implemented'' source reduction activities. These form changes will 
remove this difference, allow facilities to distinguish between new and 
ongoing source reduction activities, and provide additional optional 
information on source reduction, recycling, or pollution control 
activities on the form itself (in box 8.11).
    4. Add a new question to capture miscellaneous and optional 
information regarding the submission (Part II: Sec. 9., 9.1). 
Rationale: This new text box will allow facilities to provide optional, 
miscellaneous information that may be helpful to EPA and/or the public 
in using or interpreting their data (e.g., facility closures, 
explanations for changes in release quantities, etc.).
    5. Add NA boxes to Part II, Sections 5.3, 6.1, and 6.2. Rationale: 
Adding NA boxes to these sections will make the formatting of Form R 
and Form R Schedule 1 more consistent.

What is the next step in the process for these ICRs?

    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. At that time, EPA will 
issue another Federal Register notice for the ICR 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 
individual listed under FOR FURTHER INFORMATION CONTACT.

    Dated: February 6, 2011.
Robin Gonzalez,
Acting Director, Office of Information Analysis and Access, Office of 
Environmental Information.
[FR Doc. 2011-3100 Filed 2-10-11; 8:45 am]
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