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)
[Federal Register: July 11, 2007 (Volume 72, Number 132)]
[Notices]
[Page 37762-37766]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy07-89]
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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: oei.docket@epa.gov.
(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
http://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 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,
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,
vail.cassandra@epa.gov.
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
[[Page 37765]]
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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