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ENVIRONMENTAL PROTECTION AGENCY [EPA - HQ - OEI - 2010 - 0835; FRL - - ] 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 Revi sions (EPA ICR No. 1363.2 1 , OMB Control No. 2025 - 0009) and the Ratio - Based Burden Methodology AGENCY: Environmental Protection Agency ACTION : Notice. 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 I CR is schedule d to expire on July 31, 2011. The IC R 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 I CR 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 [ insert date 60 day s after publication in the Federal Register ]. 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: oei.docket@epa.gov ,2

 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 We st Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are onl y accepted during the docket's normal hours of operations, 8 : 3 0 a.m. to 4:30 p.m., Monday through Friday, excluding legal holiday s. Special arrangements sho uld be made for deliveries of boxed information. Instructions: To submit a comment to the docket, direct your comments to Docket ID No. EPA
- HQ
- OE I - 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 www.regulations.gov , including an y 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 b y 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 “ anon ym ous access ” sy stem, 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. I f 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 using3

special characters or an y form of encry ption and ensure that the electronic files to be submitted are free of an y defects or viruses. For additional information about EPA' s public docket visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm
. FOR FURTHER INFORMATION CONTACT : Cassandra Vail, Toxics Release Inventory Program Division, Office of Information Ana ly sis and Access (2844T), Environmental Protection Agency , 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number, 202
- 566
- 0753; email address, vail.cassandra@epa.gov
. SUPPLEMENTARY INFORMATION : How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for the IC R described in this notice under Docket ID No. EPA
- HQ
- OEI
- 2010
- 0835, which is available for online viewing at www.regul ations.gov
. Go to www.regulations.gov to obtain a cop y 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 publi c docket that are available electronically . Once in the sy stem, 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 holiday s. The phone number for the Reading Room is 202
- 566
- 1744, and the phone numb er 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 specificall y solicits comments and information to enable it to:4

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. E valuate the accuracy of the Agency 's estimate of the burden of the proposed colle ction of information, including the validity of the new Ratio
- Based Burden M ethodology ; 3. Enhance the quality , utility , and clarit y of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respo nd, 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 requ esting 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 P repare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearl y as possible and provide specific examples; 2. Describe an y assumptions that you used; 3. Provide copies of an y techn ical information and/or data you used that support your views; 4. If you provide estimate s of potential burden hours or labor costs, explain how you arrived at your estimates; 5. Offer alternative way s to improve the collection activity ;5

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 c itation. 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:

Categor y Examples of Potentially Affected Entities 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*, 3 35*, 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 inc luded 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 (exc ept 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) (correspond6 to SIC 4911, 4931, and 4939, Electric Ut ilities); 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 faciliti es 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 Rec overy 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: E PA ICR No. 1363.21, OMB Control No. 2025
- 0009 (TRI Form R) and EPA ICR No. 1704.13, OMB Control No. 2025
- 0010 (TRIForm A Certification Statement). EPA proposes to combine these two I CRs into one overarching ICR, which will retain the OMB Control No. 2025
- 0009. ICR Status: The ICRs for the TRI Form R and the TRIForm 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 tox ic chemicals in amounts above reporting threshold levels must submit annually to EPA and to designated State officials toxic chemical release forms containing7

information specified b y 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
- ti me emplo yee equivalents (i.e., a total of 20,000 hours worked per ye ar or greater; see 40 CFR 372.3); and 2. The facility

is included in a North American Industry Classification S ys tem (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 specif

ic chemical in the course of a calendar ye ar. 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 EP CRA section 313(a), the report for any calendar year must be submitted on or before July

1 st of the following ye ar. For example, reporting year 200 9 data should have been submitted and certified on or before July 1, 20 10
. The list of toxic chemicals subje ct to TRIreporting 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 Release8

Inventory Reporting Forms and Instructions. The current TRI chemical list contains 5 93 chemicals and 30 chemi cal categories. TRIdata are used by environmental agencies, industry , and the public. EPA program offices use TR I data, along with other data, to help establish programmatic priorities, evaluate potential hazards to human health and the natural environm ent, 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 uni que 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 yearl y basis. While other environmental media programs provide some toxic chemical data an d related permit data , the data are not directl y 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 TRIreporting must submit reports for each ca lendar ye ar to EPA and the States in which they

are located by July

1 st of the following ye ar. Respondents may

claim trade secrecy for a chemical's identit y as described in EPCRA Section 322 and its implementing regulations in 40 CFR part 350. EPA will di sclose information that is covered b y a claim of trade secrecy onl y 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 OMB9

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 35.7 1 hours for Form R and 21.9 6 hours for a Form A. Burden means the total time, effort, or financial resources expended by persons to generate, mainta in, retain, or disclose or provide information to or for a Federal agency . This includes the time needed to r eview instructions; develop, acquire, install, and utilize technology and s ys tems for the purposes of collecting/validating/verifying information , processing and maintaining information, and disclosing and providing information; adjust existing way s to compl y with an y previously

applicable instructions and requirements that have subsequentl y changed; train personnel to respond to a collection of info rmation; search data sources; complete and review the collection of information; and transmit or otherwise disclos e the information. The I CR Supporting Statement provides a detailed explanation of the Agency ’s estimate for TRI program burden, including Fo rm 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 ?10

OMB approved the ICR for Form R and the IC R for the Form A Certification Statement on March 2 , 2008, with original expiration date s 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 number s 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 b y OMB since the OMB approvals of the IC Rs on March 2, 2008. On March 20, 2009, OMB approved the merging of the I CR for TRI detailed reporting on dioxin and dioxin
- like compounds (OMB 2025
- 007, ICR 2086.02), into the TRIForm R I CR (currentl y OMB Control Number 2025
- 0009) , increasing burden b y 899 hours
. Then o n 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 b y 140,56 5 hours and for Form A burden were decreased b y 318,418 yielding a net increase of 458,983 hours. Most recentl y, on November 26, 2010, the Addition of National Toxicology

Program Carcinogens rule was published in the Federal Register. This rule is estimat ed to increase the number of reporting facilities by 74 and the number of Form Rs submitted by

186 with an associated burden increase of 6,64 1 hours. Meanwhile, o ver the past several ye ars, there has been a slight decrease in the number of facilities rep orting 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 P rogram Carcinogens rule , EPA now estimates the total number of combined Form R and Form A11

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 Agen cy's estimates of the respondent reporting burden and labor costs, please refer to the proposed TRIForm R and A Supporting Statement and the document “ Revising TRI Burden to Ratio
- Based Methodology , ” which are available in th e docket. EPA is interested i n 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 specificall y regarding e vidence that would quantif y 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 newl y imp lemented 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 TRIreporting forms and associ ated 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 TRIProgram.12

1. Remove the NA box from the Parent Company field (Part I: Sec. 5,.5.1) Rationale: The NA box is currentl y used to indicate a foreign parent company. Removing this box and requiring facilities to report the highest level U.S. parent company will facilitate analy sis of the TRIdata 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 analy sis of the releases to specific watersheds. 3. Section 8 enhancements, including:

 Change instructional stat ement on form to include “newl y 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 source re duction activities (Part II: Sec. 8.10, 8.10.1
- 4).

 Remove the “Yes” box and enlarge the text section for the question on optional p ollution p revention information ( Part II: Section 8.11). Rationale: The current form requests information on “any source re duction activities for this chemical during the reporting ye ar;” but the Reporting Forms and Instructions request information on “newly implemented” source reduction activities. Th ese form changes will remove this difference, allow facilities to distingui sh between new and ongoing source reduction activities , and provide additional optional information on13 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, e tc.). 5. Add NA boxes to Part II , Sections 5.3, 6.1, and 6.2
. Rationale: Add ing 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 an other Federal Register notice for the I CR pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the I CR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please co ntact the individual listed under FOR FURTHER INFORMATION CONTACT.
Dated:

_______________________________

_____________________________________ Robin Gonzalez Acting Director, Office of Information Analy sis and Access14

Office of Environmental Information. [FR Doc.] B ILLING CODE