[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11783-11787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04611]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OEI-2013-0803; FRL 9907-40-OEI]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Proposed Collection; Toxic Chemical Release
Reporting; Request for Comments on Proposed Renewal of Form R and Form
A
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency plans to submit a request
to renew an existing approved Information Collection Request (ICR),
``Toxic
[[Page 11784]]
Chemical Release Reporting; Request for Comments on Proposed Renewal of
Form R and Form A'' to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). The current ICR expires on October 31, 2014.
Before submitting a request to renew this ICR, EPA is soliciting public
comments on specific aspects of the proposed information collection as
described below.
DATES: Comments must be submitted on or before May 2, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2013-0803, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: [email protected].
Fax: 202-566-0715.
Mail: Office of Environmental Information (OEI) Docket,
U.S. Environmental Protection Agency, Mail Code 28221T, 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: Direct your comments to Docket ID No. EPA-HQ-OEI-
2013-0803. EPA's policy is that all comments received will be included
in the public docket without change and made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, 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 email comment
directly to EPA without going through www.regulations.gov, your email
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 or any form of
encryption and must be 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; email 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-2013-0803, which is available for
on-line viewing at www.regulations.gov. Go to 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, WJC West, Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The telephone number for the Docket Center is 202-
566-1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
In which information is EPA particularly interested?
Pursuant to section 3506(c)(2)(A) of the PRA, EPA 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. In particular, EPA
requests comments from very small businesses (those with fewer than 25
employees) 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;
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 Federal Regulations, and
potentially affected categories and entities may include, but are not
limited to the following:
[[Page 11785]]
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Examples of Potentially Affected
Category 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, 221118, 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.
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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; Request for Comments on
Proposed Renewal of Form R and Form A.
ICR Number: EPA ICR No. 1363.23, TRI Form R and TRI Form A
Certification Statement, OMB Control No. 2025-0009.
ICR Status: The ICR for the TRI Form R and the TRI Form A
Certification Statement is scheduled to expire on October 31, 2014.
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 or Tribal 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. EPA compiles and
stores these reports in a publicly accessible database known as the
Toxics Release Inventory (TRI).
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), facilities must submit report(s) for any calendar
year on or before July 1 of the following year. For example, reporting
year 2012 data should have been submitted and certified on or before
July 1, 2013.
EPA maintains the list of toxic chemicals subject to TRI reporting
at 40 CFR 372.65 and the Agency publishes this list each year as Table
II in the Toxics Release Inventory Reporting Forms and Instructions.
The current TRI chemical list contains 594 chemicals and 30 chemical
categories.
Environmental agencies, industry, and the public use TRI data for a
wide variety of purposes. 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 yearly basis. While
other environmental media programs provide some toxic chemical data and
related permit data, TRI data are unique with regard to the types of
chemicals and industry sectors covered as well as the frequency of
reporting. Facilities subject to TRI reporting must submit reports for
each calendar year to EPA and the State or Indian Country in which they
are located by July 1 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 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: EPA estimates average annual public reporting and
recordkeeping burden for this collection of information to be
approximately 35.71 hours for Form R and approximately 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,
[[Page 11786]]
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.
Below is a brief summary of the burden estimated for annual TRI
reporting:
Estimated total number of respondents (i.e., facilities):
21,025.
Frequency of response: annual.
Estimated total average number of responses: 74,869.
Estimated total average number of responses for each
respondent: 3.56.
Estimated total annual burden hours: 3,555,998 hours.
Estimated total annual costs: $183,418,377.
What Changes Does this ICR Propose?
OMB approved the ICR for Form R and for the Form A Certification
Statement on October 14, 2011, with the original expiration date of
October 31, 2014. The OMB approved burden numbers are 3,327,436 hours
for Form R and 195,300 hours for Form A for a total of 3,522,736 hours.
Change in burden estimates since OMB approved of the combined Form R/A
ICR on October 14, 2011, include:
the lifting of the Administrative Stay of the Toxics
Release Inventory reporting requirements for hydrogen sulfide on
October 17, 2011. EPA received the first submissions for hydrogen
sulfide for reporting year 2012; the total number of form submissions
used to calculate the overall program burden therefore includes these
hydrogen sulfide submissions.
the addition of o-Nitrotoluene Rule, which the Federal
Register included in its publication on November 7, 2013. EPA estimates
this rule will increase the number of newly reporting facilities by 1
and the total number of Form Rs and Form As submitted by 17 and 5
respectively, with an associated ongoing steady state burden increase
of 717 hours.
Over the last few years, the number of facilities reporting to TRI
increased slightly. Based on the latest data for RY 2012 with updates
to reflect the estimated burden due to the addition of o-Nitrotoluene,
EPA now estimates the total number of combined Form R and Form A
responses to be 74,869, the associated total annual burden hours to be
3,555,998, and the annual cost to be $183,418,377. 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 which are available in the docket.
EPA proposes making several changes to the TRI reporting forms and
associated instructions, however, these changes are estimated to have a
negligible effect on form unit burden. The proposed changes, which are
outlined below, are designed to enhance the overall utility of the data
collected under the TRI Program.
1. Add an optional extension to all phone numbers which would allow
facilities to ensure that incoming calls are directed to the
appropriate person.
2. Add an optional field to allow facilities to indicate the
section of a water body that received the surface water discharge.
Specifically, facilities could provide a reach code, which is a unique
identifier for a linear, unbranched section of a water body. (Part II:
Sec. 5.3). Rationale: Linking TRI discharges to a reach code (a unique
identifier for a linear, unbranched section of a water body) provides
regulatory agencies and researchers the ability to model the potential
impact of TRI chemicals to downstream and intermediate receiving
waterbodies and water resources, and to assess the potential cumulative
environmental impacts of TRI chemical releases to surface waters. While
optional, this field would populate automatically when selecting their
receiving water body in the TRI-MEweb user interface for this section.
3. EPA proposes moving the header ``5.5 Disposal to land on-site''
to precede Sections 5.4 and 5.5 on Form R so that it covers both 5.4
and 5.5. Furthermore, EPA proposes rewording 5.4.1 and 5.4.2 to fit
under the new header as follows: Section 5.4-5.5: Disposal to land on-
site, Section 5.4.1: Class 1 Underground Injection Wells, Section 5.4.2
Class II-V Underground Injection Wells. The remaining sections of
Section 5.5 are unchanged. Rationale: This change clarifies that
releases to underground injection wells are considered releases to
land.
4. Provide the heading, ``Production-related waste managed'' for
Sections 8.1-8.7 and re-label Section 8.8 ``Non-production-related
waste managed,'' with a footnote indicating that this Section
``includes quantities released to the environment or transferred off-
site as a result of remedial actions, catastrophic events, or other
one-time events not associated with production processes (Part II: Sec.
8.1-8.8). Rationale: Re-labeling these Sections clearly indicates what
quantities facilities must report in them and makes it easier for TRI
data users to refer to these Sections in a concise and consistent
manner.
5. Add checkboxes to indicate whether a facility has provided a
``Production Ratio'' or an ``Activity Ratio'' (Part II: Sec. 8.9).
Rationale: Facilities are required to submit a ratio of either
production or an activity other than production for the purposes of
normalizing year-to-year changes in TRI chemical quantities, but TRI
data users currently cannot determine which type of ratio was used.
6. Add a new column where facilities can provide an optional
percentage range indicating the estimated annual reduction in chemical
waste generation associated with a given source reduction activity
(Part II: Sec. 8.10). Rationale: This change makes it easier to report
and assess the effectiveness of different types of source reduction
activities and thus promote the adoption and recognition of successful
pollution prevention practices.
7. Provide optional barrier codes that facilities can use in
Section 8.11 to indicate why they could not implement any source
reduction activities during the reporting year. (Part II: Sec. 8.11).
Rationale: Facilities are required to pick a code if they perform a new
source reduction activity. However, there is currently no way for a
facility to indicate why they didn't implement a source reduction
activity. While these codes would be optional, they would allow EPA to
assist facilities in overcoming barriers to implementing source
reduction activities.
8. Allow facilities to categorize optional free-text information
entered in Sections 8.11 and 9.1 by selecting from a list of topics
provided in TRI-MEweb (no changes to Form R itself). Rationale: Letting
facilities flag their free-text entries as relevant to certain
commonly-used topics would improve TRI tools that display free-text
information, data quality efforts, and the overall analytical utility
of the dataset.
Additionally, the EPA proposes modifying TRI-MEweb to collect, as
optional, information that some facilities have historically provided,
unsolicited, to EPA on matters related to TRI (collectively called
miscellaneous TRI documents). Examples of these miscellaneous TRI
documents include
[[Page 11787]]
updates to contact and location information for the facility and
reasons for non-reporting. Some of this information is useful to the
Agency and could be useful to the public. Currently, the EPA receives
this unsolicited information on paper.
This proposed modification would allow for an online means for the
EPA to receive miscellaneous documents, reducing the cost of processing
their submission and aligning how EPA processes such documents with the
recent requirement to submit TRI reporting forms electronically. In
other words, with this change, facilities could use TRI-MEweb to
provide details on specific categories of information that they have
been providing on a voluntary basis to the EPA throughout the existence
of the program (e.g., supplemental information on updates to the
facility's name, status, location, and/or parent company; supplemental
information on updates on whom to contact for technical and/or public
matters; and reasons for not reporting (indicating the facility did not
meet thresholds or did not report for any other appropriate reason)).
Receipt and processing of this information would not affect any
reporting forms certified and submitted to the agency, but rather would
allow facilities to provide an electronic means to submit contextual
information concerning their facilities that can enhance the context of
TRI data for the EPA as well as for the public.
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 24, 2014.
Arnold Layne,
Director,
Office of Information Analysis and Access
Office of Environmental Information.
[FR Doc. 2014-04611 Filed 2-28-14; 8:45 am]
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