[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Proposed Rules]
[Pages 13061-13069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5264]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2011-0174; FRL-9642-2]


Electronic Reporting of Toxics Release Inventory Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Facilities that currently report Toxics Release Inventory 
(TRI) data to the U.S. Environmental Protection Agency (EPA) use either 
paper reporting forms or the online reporting software application 
known as the Toxics Release Inventory-Made Easy Web or simply TRI-
MEweb. Effective January 1, 2013, EPA proposes to require facilities to 
report non-confidential TRI data to EPA using electronic software 
provided by the Agency. The only exception to this electronic reporting 
requirement would be for the few facilities that submit trade secret 
TRI information (including sanitized and unsanitized information), who 
would continue to submit their trade secret reporting forms and 
substantiation forms in hard copy. As of Reporting Year (RY) 2010, 
approximately 95 percent of TRI reporting facilities were using TRI-
MEweb, making it possible for the Agency to process and expedite the 
release of TRI data to the public.
    Under this rulemaking, EPA would also require facilities to submit 
electronically (i.e., not on paper forms or CD-ROMs) any revisions or 
withdrawals of previously submitted TRI data. For trade secret 
submissions, EPA would still accept revisions or withdrawals of 
previously submitted trade secret information on paper forms.

DATES: Comments must be received on or before May 4, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
TRI-2011-0174, by one of the following methods:
    <bullet> www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#cda2a8a4e3a9a2aea6a8b98da8bdace3aaa2bb"><span class="__cf_email__" data-cfemail="6c0309054208030f0709182c091c0d420b031a">[email protected]</span></a>.
    <bullet> Fax: 202-566-9744.
    <bullet> Mail: OEI Docket, Environmental Protection Agency, 
Mailcode 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    <bullet> Hand Delivery: EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave. NW., Washington, DC 20460. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-TRI-
2011-0174. EPA's policy is that all comments received will be included 
in the public docket without change and may be 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, any form of 
encryption, and 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.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
for which disclosure is restricted by statute. Certain other materials, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the OEI 
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The EPA Docket 
Center Public Reading Room is open from

[[Page 13062]]

8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.

FOR FURTHER INFORMATION CONTACT: For general information on TRI, 
contact the Emergency Planning and Community Right-to-Know Hotline at 
(800) 424-9346 or (703) 412-9810, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline/. For specific information on this 
rulemaking, contact David Turk, Toxics Release Inventory Program 
Division, Mailcode 2844T, OEI, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; Telephone: (202) 566-1527; 
Email: <a href="/cdn-cgi/l/email-protection#9ecaebecf5b0daffe8f7fadefbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="bce8c9ced792f8ddcad5d8fcd9ccdd92dbd3ca">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Index

I. Background and General Information
    A. Acronyms and Abbreviations Used in This Document
    B. Does this action apply to me?
    C. What should I consider as I prepare my comments for EPA?
II. What is EPA's statutory authority for taking this action?
III. What reporting requirement change is EPA proposing?
    A. Description of Proposed Change
    B. How are TRI reports currently submitted to and processed by 
the agency?
    C. What is the history of electronic reporting of TRI data to 
EPA?
    D. How does a facility report TRI data using TRI-MEweb?
    E. Why is EPA proposing this requirement?
    F. How does this proposed rule affect revisions and withdrawals 
of previous TRI submissions?
    G. What benefits will this proposed rule likely produce?
    H. Would EPA Offer any exceptions to the proposed requirements?
    I. What is EPA doing to help ensure facilities know about this 
proposed rule?
IV. Request for Comment
V. References
VI. What are the statutory and executive order reviews associated 
with this action?
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq.
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132, Federalism
    F. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045, Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Background and General Information

A. Acronyms and Abbreviations Used in This Document

AFR--Automated Form R
APA--Administrative Procedure Act
ATRS--Automated TRI Reporting Software
CBI--Confidential Business Information
CDX--Central Data Exchange
CFR--Code of Federal Regulations
CROMERR--Cross-Media Electronic Reporting Rule
DPC-TRI Data Processing Center
EO--Executive Order
EPA--U.S. Environmental Protection Agency
EPCRA--Emergency Planning and Community Right-to-Know Act
FR--Federal Register
GPEA--Government Paperwork Elimination Act
ICR--Information Collection Request
NAICS--North American Industry Classification System
NTTAA--National Technology Transfer and Advancement Act of 1995
OEI--Office of Environmental Information (EPA)
OMB--Office of Management and Budget (Executive Office of the 
President)
PPA--Pollution Prevention Act
RY--Reporting Year
SIC--Standard Industrial Code
TRI--Toxics Release Inventory
TRI-ME--TRI-Made Easy Desktop Software
TRI-MEweb--Toxics Release Inventory-Made Easy Internet-based 
Software Application
U.S.C.--United States Code
XML--Extensible Markup Language

B. Does this action apply to me?

    This proposed rule 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). To 
determine whether your facility would be affected by this action, you 
should carefully examine the applicability criteria in Part 372, 
Subpart B, of Title 40 of the Code of Federal Regulations. Potentially 
affected categories and entities may include, but are not limited to 
the following:

------------------------------------------------------------------------
          Category             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*,
                               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):
                                <bullet> 212111, 212112, 212113
                              (correspond to SIC 12, Coal Mining (except
                              1241));
                                <bullet> 212221, 212222, 212231, 212234,
                              212299 (correspond to SIC 10, Metal Mining
                              (except 1011, 1081, and 1094));
                                <bullet> 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);
                                <bullet> 424690, 425110, 425120 (Limited
                              to facilities previously classified in SIC
                              5169, Chemicals and Allied Products, Not
                              Elsewhere Classified);
                                <bullet> 424710 (corresponds to SIC
                              5171, Petroleum Bulk Terminals and
                              Plants);
                                <bullet> 562112 (Limited to facilities
                              primarily engaged in solvent recovery
                              services on a contract or fee basis
                              (previously classified under SIC 7389,
                              Business Services, NEC)); and
                                <bullet> 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. This action may also be of 
interest to those who use EPA's TRI data and have an interest in the 
public availability of high-quality, timely TRI data and information, 
including state agencies, local governments, communities, environmental 
groups and other non-

[[Page 13063]]

governmental organizations, as well as members of the general public.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    <bullet> Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    <bullet> Follow directions--The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    <bullet> Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
    <bullet> Describe any assumptions and provide any technical 
information and/or data that you used.
    <bullet> If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    <bullet> Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    <bullet> Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    <bullet> Make sure to submit your comments by the comment period 
deadline identified.

II. What is EPA's statutory authority for taking this action?

    The EPA is implementing this action under sections 313(g), 313(h), 
and 328 of EPCRA, 42 U.S.C. 11023(g), 11023(h) and 11048, and section 
6607 of the Pollution Prevention Act, 42 U.S.C. 13106.
    Under EPCRA, Congress granted EPA broad rulemaking authority. EPCRA 
section 328 provides that the ``Administrator may prescribe such 
regulations as may be necessary to carry out this chapter.'' 42 U.S.C. 
11048. EPCRA requires EPA to ``publish a uniform toxic chemical release 
form for facilities covered'' by the TRI Program. 42 U.S.C. 11023(g).
    The Government Paperwork Elimination Act (GPEA) (Pub. L. 105-277 
(44 U.S.C. 3504)) allows Federal agencies to provide for electronic 
submissions and the use of electronic signatures, when practicable. 
Similarly, EPA's Cross-Media Electronic Reporting Regulation (CROMERR) 
(40 CFR Part 3), published in the Federal Register issue of October 13, 
2005, states that any requirement in Title 40 of the CFR to submit a 
report directly to EPA can be satisfied with an electronic submission 
that meets certain conditions, once the Agency publishes a notice that 
electronic document submission is available for that requirement.

III. What reporting requirement change is EPA proposing?

A. Description of Proposed Change

    EPA is proposing to require facilities to report non-confidential 
TRI data to EPA electronically. Under this proposal, EPA would no 
longer accept paper submissions of TRI reports, except for trade secret 
submissions which would still be submitted on paper forms (including 
sanitized and unsanitized versions).
    Currently, EPA provides an online-reporting application, TRI-MEweb, 
for facilities to use to report TRI data to the Agency. TRI-MEweb 
provides a number of features that allow facilities to prepare and 
submit their TRI reports to EPA more efficiently. For example, it 
includes data validation tools that help facilities submit complete and 
valid data and compare the current year's data to the prior year's 
data--a feature which can sometimes help facilities identify potential 
data errors. Comprehensive use of TRI-MEweb should help facilities 
prepare and submit accurate TRI reports and reduce the amount of time 
it takes EPA to process the reports and make the data available to the 
public.
    Many TRI facilities have recognized the benefits of electronic 
reporting, as reflected by the general increase in the percentage of 
facilities that use TRI-MEweb to submit TRI data to EPA electronically 
each year. For reporting year (RY) 2010, approximately 95% of 
facilities used TRI-MEweb to report TRI data.
    Because such a large portion of TRI reporters already use TRI-
MEweb, this proposed TRI electronic reporting requirement is not 
expected to affect the majority of TRI reporting facilities. In fact, 
fewer than 5% of current TRI reporting facilities would need to become 
familiar with the electronic reporting process. Information about using 
TRI-MEweb to report electronically is available on the TRI Web site 
(http://www.epa.gov/tri) and in the most recent version of the Toxic 
Chemical Release Inventory Reporting Forms and Instructions (RFI), 
which is available on the TRI Web site.
    Under this proposed rule, facilities that submit trade secret 
information would continue to submit two versions of the substantiation 
form and two versions of Form R or Form A--sanitized versions that 
include the generic chemical name that is structurally descriptive of 
the chemical being claimed as a trade secret and unsanitized versions 
that include the trade secret chemical name. TRI-MEweb does not allow 
facilities to submit trade secret information; however, to facilitate 
reporting of such information, EPA currently provides electronically 
fillable/printable versions of the TRI reporting forms (i.e., Form A, 
Form R, and Form R Schedule 1) on the TRI Web site. EPA strongly 
recommends that TRI facilities that submit TRI trade secret information 
use a computer or typewriter to prepare their hard-copy submissions of 
TRI information and consult the TRI Web site (http://www.epa.gov/tri) 
for more detailed information.
    To codify this proposed rule, EPA proposes inserting a paragraph 
(c) into 40 CFR 372.85. This codification would require most regulated 
facilities to submit TRI data electronically using the current 
electronic reporting tool provided by EPA. EPA would only accept TRI 
data that are submitted electronically, except for trade secret TRI 
forms and substantiations; and EPA would not accept or process TRI data 
that are not submitted in the appropriate manner.

B. How are TRI reports currently submitted to and processed by the 
agency?

    Currently, facilities submit TRI reporting forms electronically or 
by paper. To submit TRI data by paper, facilities download the 
appropriate TRI reporting form or forms from the TRI Web site 
(accessible at http://www.epa.gov/tri). Before RY 2006, EPA mailed 
paper TRI reporting forms to facilities each year. Since RY 2006, EPA 
has made the TRI reporting forms available on its Web site.
    If using a paper TRI reporting form, the facility's form Preparer 
enters the facility's data on the form, the Certifying

[[Page 13064]]

Official certifies/signs the form, and the facility then sends the form 
to EPA's TRI Data Processing Center (DPC) via mail or courier. The 
current RFI, available on the TRI Web site (accessible at http://www.epa.gov/tri), provides a more detailed explanation of this process.
    In January 2011, EPA began providing fillable/printable versions of 
the TRI Reporting Form R, Form R Schedule 1, and Form A through the TRI 
Web site. For those facilities still wishing or needing to submit paper 
forms (e.g., for trade secret submissions), EPA encouraged the use of 
the fillable/printable forms, rather than handwritten forms, to help 
ensure that the data--once received by the DPC--could be read and 
entered into the TRI database.
    Electronic reporting using TRI-MEweb is already EPA's recommended 
reporting approach for submitting TRI information to the Agency, and 
under this proposed rule, it would become the required approach. To 
submit TRI data electronically, a facility registers with EPA's Central 
Data Exchange (CDX) and uses TRI-MEweb to prepare, certify, and submit 
TRI reports. The use of CDX and TRI-MEweb to prepare and submit TRI 
reports is explained below, in Unit III.D, ``How Does a Facility Report 
TRI Data Using TRI-MEweb?''

C. What is the history of electronic reporting of TRI data to EPA?

    Beginning in 1987, the Agency began encouraging facilities to 
submit TRI Form R data electronically using magnetic media. Initially, 
EPA provided year-specific Automated Form R (AFR) software that allowed 
a facility to submit TRI data for a particular reporting year. 
Facilities could install and use the AFR software to produce either a 
hard-copy TRI report or a diskette, which facilities could then submit 
to EPA. Upon receipt, the DPC would transcribe hard-copy TRI reports 
into a database and electronically enter diskette submissions into a 
database. The use of AFR proved to be popular among facilities, and the 
percentage of TRI reporting facilities using this tool increased from 
13 percent in 1990 to 62 percent in 1996.
    Generally, the Agency improved upon the AFR each year by 
incorporating new features, such as the ability to submit TRI data for 
multiple reporting years (i.e., separate reports for each year), data 
validation checks, and the ability to load data from prior years into 
the current reporting year's electronic form. In 1998, EPA renamed the 
AFR software to Automated TRI Reporting Software (ATRS) to reflect the 
addition of Form A into the software.
    After RY 2000, EPA replaced ATRS with TRI-Made Easy (TRI-ME), which 
was a computer desktop application that a facility could download from 
the TRI Web site or receive in the mail upon request. TRI-ME provided 
electronic assistance to a facility preparing TRI reports and, for the 
first time, allowed a facility to submit TRI data to EPA's CDX via the 
Internet. TRI-ME also allowed facilities to print a hard-copy version 
of the TRI report or produce a digital file that could then be 
submitted online or copied to a diskette and mailed to the DPC.
    In 2006, for RY 2005, EPA began making the TRI-MEweb application 
available to a limited number of facilities. TRI-MEweb is a Web-based 
reporting application that includes validation features to help 
facilities report accurate information. This application is entirely 
online, meaning a facility can access the application from any computer 
that is connected to the Internet. In addition, because the application 
is online, EPA can instantly perform any needed software updates or 
corrections without requiring users to download an updated version of 
software. Most, if not all, computers and Web software should be 
compatible with TRI-MEweb.
    EPA continued to refine TRI-MEweb each year after its limited 
released, expanding the number of facilities that could use it and 
eventually making the application widely available to nearly all 
facilities for RY 2008. The Agency also, for RY 2008, informed 
facilities that it would focus on providing TRI-MEweb, and would no 
longer provide the TRI-ME CD-ROM. Accordingly, a steadily increasing 
percentage of facilities have submitted TRI data to EPA using TRI-
MEweb, as illustrated in Chart 1. Electronic reporting using TRI-MEweb 
has now become the predominant mechanism that facilities use to submit 
TRI data to EPA.

               Chart 1--Breakdown of Submission Methods Used During the Past Five Reporting Years
----------------------------------------------------------------------------------------------------------------
                                 RY 2005       RY 2006       RY 2007       RY 2008       RY 2009       RY 2010
         Media type             (percent)     (percent)     (percent)     (percent)     (percent)     (percent)
----------------------------------------------------------------------------------------------------------------
TRI-MEweb Submissions.......          0.34          3.12         31.69         65.77         92.16         94.60
TRI-ME via CDX Submissions..         62.50         70.42         43.34         17.73          0.18          0.01
TRI-ME via Diskette                  28.71         21.22         18.20          9.79          0.16          0.02
 Submissions................
Paper Submissions...........          8.46          5.24          6.78          6.71          7.50          5.37
----------------------------------------------------------------------------------------------------------------

    Due to the longstanding history of electronic reporting of TRI 
data, the benefits that TRI-MEweb provides, and the prevalence and 
availability of the Internet, EPA published a notice in the Federal 
Register on January 14, 2011, which encouraged facilities to utilize 
TRI-MEweb. The notice also notified facilities of the availability of 
fillable/printable TRI reporting forms on the TRI Web site and stated 
that the Agency was considering publishing this proposed rule to 
require electronic reporting of TRI data.

D. How does a facility report TRI data using TRI-MEweb?

    TRI-MEweb is an interactive, user-friendly Web-based application 
that guides facilities through the TRI reporting process. As currently 
implemented, one or more representatives from each facility must 
establish an account with EPA's CDX in order to prepare, transmit, 
certify, and submit TRI Forms. CDX is EPA's centralized node on the 
Environmental Information Exchange Network that serves as EPA's main 
mechanism for receiving and exchanging electronic information. A 
facility representative may register for a CDX account or gain access 
to an existing CDX account at https://cdx.epa.gov/.
    During the CDX registration process, CDX prompts the facility 
representative to indicate which applications (e.g., TRI-MEweb) to link 
with the account. If the facility representative has previously 
registered with CDX for other purposes, then he/she can add TRI-MEweb 
to his/her existing CDX account.
    When adding TRI-MEweb to the CDX account, CDX will ask the facility 
representative to select a role as a form Preparer or Certifying 
Official. Either a Preparer or a Certifying Official can enter a 
facility's TRI data in TRI-MEweb and transmit it to CDX to await

[[Page 13065]]

certification; but only a Certifying Official can approve and certify a 
TRI reporting form and submit the final, certified form to EPA using 
TRI-MEweb and CDX. Preparers and Certifying Officials can potentially 
perform their TRI reporting roles (preparing and/or certifying TRI 
forms) for multiple facilities, if so designated by the facilities.
    EPA's current electronic reporting procedures require each 
Certifying Official to sign and submit a hard-copy Electronic Signature 
Agreement (ESA) to EPA before certifying any TRI reports. Once a 
facility representative registers in CDX as a TRI-MEweb Certifying 
Official, EPA sends an ESA to that representative via email. The ESA 
includes a TRI Facility Identification number for each facility for 
which the Certifying Official is responsible. The Certifying Official 
must sign this ESA in hard-copy and mail it to the DPC. Upon receiving 
an ESA, the Agency may take five to seven days to approve it. Once the 
ESA is approved by EPA, the Certifying Official may review, certify, 
and submit any pending TRI submissions to EPA using TRI-MEweb and CDX. 
More detailed information on these procedures is available on the TRI 
Web site.
    Once registered with CDX and TRI-MEweb, a facility's Preparer or 
Certifying Official can gain access to TRI-MEweb through CDX. Once 
opened, the TRI-MEweb application provides interactive Web pages that 
enable a Preparer or Certifying Official to provide and validate the 
current year's data. After providing the pertinent data, a Preparer (or 
Certifying Official) can transmit the data electronically to CDX where 
it is then available for certification by the facility's Certifying 
Official(s). The Certifying Official can then log into CDX to review, 
certify, and submit the TRI report to EPA. Once EPA receives the 
certified report in CDX, the data are then sent to the TRI database 
(and if appropriate, also to a state).
    Some TRI facilities have their own software or use private software 
to assist in collecting chemical release data. This ``third-party 
software'' is often designed to produce output data files that match 
EPA's electronic data structure specifications. TRI-MEweb accepts 
chemical data files from third-party software using Extensible Markup 
Language (XML). Detailed information describing the XML schema TRI-
MEweb uses for the current reporting year is available online at http://www.exchangenetwork.net/exchanges/cross/tri.htm.
    Detailed instructions on using CDX and TRI-MEweb, including 
tutorials, are available on the TRI Web site and in the RFI, which is 
also available through the TRI Web site. Facilities may also contact 
the TRI Information Center, the CDX Helpdesk, the TRI DPC, the Regional 
TRI Coordinators, or the TRI Program staff at EPA Headquarters for 
further assistance. Please see the ``Contact Us'' information located 
on the TRI Web site for further details.
    Please note that the use of TRI-MEweb to report TRI data to EPA 
does not necessarily satisfy all reporting requirements that a state or 
local government might require. However, as will be explained below in 
Unit III.G, ``What Benefits Will this Proposed Rule Likely Produce?,'' 
facilities that are located in states or territories (hereinafter 
collectively referred to as ``states'') that actively participate with 
the TRI Data Exchange (TDX) can meet dual-reporting requirements by 
submitting TRI reports using TRI-MEweb. In these states, reports 
submitted via TRI-MEweb are electronically made available to the state 
in which the facility is located, thus satisfying the requirement to 
report TRI data for both the applicable state and EPA.
    For facilities located in states not actively participating in TDX, 
TRI-MEweb can provide these facilities with a certification statement 
which the Certifying Official can sign and mail to the appropriate 
state along with a diskette or hard copy of the TRI data the Preparer 
or Certifying Official entered into TRI-MEweb.

E. Why is EPA proposing this requirement?

    Electronic reporting not only makes it easier for facilities to 
prepare and submit their TRI data to EPA, it also helps EPA process and 
make the data available to the public more quickly than is possible for 
data submitted on paper forms. When facilities submit paper forms, EPA 
must manually enter the data into the TRI electronic database, which 
requires more time and staff resources than required to process 
electronic submissions. In addition, transcription errors can 
inadvertently be introduced during this process, particularly if the 
data have been handwritten on the reporting forms. Electronic reporting 
makes it possible for EPA to more quickly process the data and provide 
communities with access to the latest TRI data on toxic chemical 
releases and other waste management.
    Electronic reporting itself prevents transcription errors and 
expedites TRI data processing; but in addition, TRI-MEweb, provides 
useful features that make it easier and faster for facilities to 
prepare and submit TRI data to EPA. For example, TRI-MEweb provides 
facility representatives with access to a facility's prior years of 
reporting data (as applicable), pre-populates selected fields on the 
TRI forms (i.e., if the facility previously submitted a TRI report), 
provides standardized parent company information and chemical pick-
lists, and automatically calculates the data for some numerical fields 
on the TRI forms. TRI-MEweb also provides data validation features, 
which help prevent facilities from submitting incomplete or invalid 
data. Due to the benefits TRI-MEweb provides, EPA expects that its use 
by all facilities will enhance data accuracy and expedite EPA's 
processing and public release of the TRI data.
    This proposal to require electronic TRI reporting supports broader 
government efforts to further the electronic collection and 
dissemination of data and information, and it is consistent with the 
provisions of the Government Paperwork Elimination Act (GPEA). GPEA 
authorizes federal organizations to use electronic forms, electronic 
filings, and electronic signatures, when practicable, to conduct 
official business with the public.

F. How does this Proposed Rule affect revisions and withdrawals of 
previous TRI submissions?

    This proposed rule would require facilities that wish to revise or 
withdraw previously submitted non-confidential TRI data to do so 
electronically. As part of this proposed rule, the Agency would 
continue to allow facilities to revise or withdraw TRI reports going 
back to RY 2005, but not for reporting years prior to RY2005. Moreover, 
EPA would only accept revisions and/or withdrawals submitted via TRI-
MEweb. TRI-MEweb allows a facility to gain access to and revise or 
withdraw TRI reports in TRI-MEweb for prior reporting years, back to RY 
2005, even if the facility did not use TRI-MEweb for the original 
submission.
    EPA proposes this RY 2005 cut off date for several reasons, 
including (1) the small number of revisions/withdrawals received for 
reporting years prior to RY 2005 (a relatively small proportion of TRI 
form revisions/withdrawals are generally submitted to EPA each year, 
and most of these revisions/withdrawals relate to TRI reports for the 
past few years), (2) the resources that would be required to modify 
TRI-MEweb and related information exchange capabilities to accommodate 
all reporting reporting years, and (3) the staff resources and

[[Page 13066]]

time required to continue processing paper form revisions/withdrawals.
    As with original TRI submissions, preparing and submitting 
revisions/withdrawals electronically should facilitate the reporting 
process for facilities, while also making it possible for EPA to more 
quickly process and make the updated data available to the public. 
Information on using TRI-MEweb to submit TRI revisions/withdrawals is 
available on the TRI Web site and in the TRI-MEweb application.
    In order to focus Agency resources on processing and making the 
most recent TRI data available to the public and to maintain some 
consistency in the handling of non-confidential and trade secret data, 
EPA plans to accept paper submissions of trade secret revisions/
withdrawals that concern reporting years back to RY 2005.

G. What benefits will this proposed rule likely produce?

    Requiring facilities to report TRI data electronically will help 
reduce the likelihood of data entry errors occurring at either the 
facility or EPA, as well as reduce the amount of time it takes EPA to 
process the data, when compared to paper-based submissions. By 
requiring electronic reporting, the Agency will be able to more 
effectively provide the public with timely access to the latest TRI 
data on toxic chemical releases and other waste management within 
communities.
    Another benefit electronic reporting provides is that TRI data 
submitted via CDX is sent digitally to those states that participate in 
the TRI Data Exchange (TDX). Since 2005, EPA has entered into separate 
Memoranda of Agreements (MOA) with states that have elected to 
participate in TDX. More information on TDX is available through the 
TRI Web site.
    A facility located in a state that participates in TDX can satisfy 
its requirement to report TRI data to both EPA and to the applicable 
state by electronically submitting certified TRI data to EPA. These TRI 
data are then automatically made available to the state within which 
the facility is located.
    Under the proposed rule, facilities would be required to submit 
their TRI data to EPA electronically; and therefore, those facilities 
located in TDX-participating states would be able to satisfy the 
requirement to submit federally-required TRI data to both the EPA and 
the state with one electronic submission. Currently, if a facility 
submits a paper report to EPA, even if it is located in a TDX-
participating state, the facility must also submit its TRI report 
directly to the state to meet its legal reporting obligations. 
Requiring the use of electronic reporting would make the state 
processing of TRI data easier for TDX-participating states because they 
would no longer need to process paper reporting forms for TRI data. 
Facilities that are located in states that do not participate in TDX 
would prepare and submit their TRI data to EPA using TRI-MEweb, and 
they could then use TRI-MEweb to produce a certification statement, 
along with a hard-copy TRI report or CD, which could be signed by the 
Certifying Official and mailed to the appropriate state.

H. Would EPA offer any exceptions to the proposed requirements?

    The Agency expects facilities that submit TRI data to EPA to do so 
electronically. Only trade secret TRI reports (including both sanitized 
and unsanitized information) would still be submitted to EPA on paper 
forms. EPA believes that the overall benefits of submitting TRI data 
electronically exceed those associated with maintaining a paper-based 
reporting approach. EPA recognizes that there could potentially be 
unexpected initial set-up costs or technical challenges associated with 
a requirement to submit TRI reports electronically, particularly for 
facilities that have never used electronic reporting; however, the 
Agency believes that the benefits of electronic reporting of TRI data--
considering the ease of reporting, enhanced data quality, and faster 
public access to the data--would ultimately outweigh other 
considerations.
    EPA also offers forms of assistance to TRI reporters looking for 
help with electronic reporting. The Agency provides guidance on the TRI 
Program Web site, maintains a TRI help desk, and offers webinars and 
other training programs. Further, EPA believes nearly all facilities 
can already access the Internet because the Agency stopped providing 
physical copies of the TRI reporting forms in 2006, exclusively 
thereafter offering the forms online and only mailing a physical copy 
upon request.

I. What is EPA doing to help ensure facilities know about this proposed 
rule?

    To inform facilities about this rulemaking and to solicit feedback 
prior to publication of the proposed rule, EPA sent a letter via email 
or postal carrier if an email address was not available to technical 
contacts for facilities that submitted TRI data for RY 2009 and RY 
2008. This letter notified these facilities that EPA was considering a 
proposed rule to require the electronic reporting of TRI data and 
informed the facilities of an online discussion forum where any 
interested stakeholder could comment on EPA's plan to require 
electronic reporting of TRI data. EPA recognizes the discussion forum 
was provided electronically, which could bias the discussion toward 
facilities with access to computers, so EPA explained in the letter 
that facilities could physically mail comments to the Agency so that 
the Agency could make these comments available on the discussion forum.
    The discussion forum went live on June 19, 2011, was accessible via 
the TRI homepage, and stayed open through July 1, 2011, receiving 57 
comments. Both the discussion forum and the comments received are 
publically available for viewing in the docket for this rulemaking 
(EPA-HQ-TRI-2011-0174). The comments received via the forum fall into 
several broad categories: support for the proposed action; concerns 
involving the online reporting tools, and concerns regarding requiring 
electronic reporting.
    Comments supporting this action: Many of the comments received 
support requiring electronic reporting of TRI data, noting electronic 
reporting expedites the reporting process and improves data quality, 
which, in turn, allows EPA to provide timely, accurate data to TRI data 
users. Adding to this perspective were comments suggesting nearly all 
TRI reporters likely have access to a computer and the Internet. 
Additionally, some of the comments requested EPA to require states to 
accept electronic submissions by mandating participation in the TRI 
Data Exchange.
    Concerns involving the currently available reporting tools: EPA 
received some comments, both supportive and critical of this 
rulemaking, stating CDX and TRI-MEweb could be more intuitive. In 
particular, many of these comments requested a simplification to the 
process used to register a Certifying Official. Many comments also 
expressed concern that the current process for registering a Certifying 
Official, which typically takes about a week, can become a major 
impediment to reporting before the yearly July 1 deadline should 
managers become unavailable or should the facility change its 
management in June.
    EPA recognizes there are situations where a facility could face 
last-minute difficulties due to the current Certifying Official 
registration process. However, facilities may submit TRI reports prior 
to the deadline. In fact, TRI-MEweb for the reporting period is 
typically made available in January, thereby providing facilities up to 
six months to report TRI

[[Page 13067]]

data prior to the yearly July 1 deadline. Any facility that foresees an 
upcoming change to its Certifying Official should be able to report 
prior to the change. Moreover, the Agency encourages facilities to 
designate an Alternate Certifying Official should the Certifying 
Official become unavailable close to the reporting deadline. In most 
situations either the Certifying Official or Alternate Certifying 
Official should be available prior to the reporting deadline.
    It is important to note that the current process used to register 
Certifying Officials is evolving. EPA wants to make reporting as simple 
as possible, and, thus, is considering ways to simplify and expedite 
the process. It is quite possible that a new process will become 
available in the next year or two that will enable the near-
instantaneous registration of a Certifying Official.
    Comments also voiced concerns with various aspects of TRI-MEweb. 
EPA improves TRI-MEweb each year and plans to address some of the 
issues raised by comments. For example, changes anticipated for future 
releases of TRI-MEweb include supporting more Web browsers, clarifying 
the submittal process, and incorporating additional features into TRI-
MEweb to further expedite the reporting process. EPA plans to continue 
addressing issues and improving TRI-MEweb for successive reporting 
years.
    Concerns regarding requiring electronic reporting: A few comments 
suggested the electronic reporting requirement should not extend to all 
facilities, suggesting not all facilities have access to a computer and 
the Internet. While EPA recognizes this possibility, EPA, as explained 
above, does not foresee that facilities meeting TRI Reporting 
thresholds will have difficulty accessing a computer and the Internet. 
Further, due to the high percentage of facilities that already use TRI-
MEweb and the longstanding practice of providing the reporting forms 
exclusively online, most facilities already appear to have access to a 
computer and the Internet.
    Some of the comments requested EPA provide various exceptions 
should a facility be unable to report using TRI-MEweb prior to the 
yearly July 1 deadline. The Agency does not foresee the need for such 
regulatory exceptions. EPCRA provides a yearly deadline of July 1, and 
TRI-MEweb is typically available in January, which allows facilities 
nearly six months to report the required TRI data. If facilities 
encounter unexpected difficulties with electronic reporting, they may 
use any one of the several help services EPA provides to assist 
facilities in reporting TRI data.
    Several comments expressed a preference for paper reporting, 
stating it is easier to report by paper, especially for facilities that 
only submit one TRI reporting form to EPA. EPA understands in some 
cases a facility might prefer a paper reporting option but EPA 
believes, on the whole, electronic reporting will benefit facilities, 
TRI data users, and the Agency for all of the reasons noted in this 
proposed rule. Moreover, electronic reporting enables the Agency to 
publish data sooner, minimizes paper waste, and reduces costs to the 
Agency. At this point, EPA does not foresee a need to allow facilities 
to submit paper reports of non-confidential TRI data.

IV. Request for Comment

    In connection with this proposed rule, EPA encourages all 
interested persons to submit comments on the following topics or other 
relevant topics:
    1. EPA specifically seeks comment on whether facilities foresee any 
significant challenges in submitting RY 2012 TRI reports 
electronically, and if so, how EPA could potentially facilitate the 
process (e.g., through Webinars, Regional hands-on assistance, etc.).
    2. TRI-MEweb currently does not allow a facility to revise or 
withdraw TRI reporting forms submitted for reporting years prior to RY 
2005. The Agency proposes to begin requiring electronic reporting for 
reporting year 2012, which means facilities would be able to modify 
data submitted for the prior seven reporting years (RY 2011 through RY 
2005), but not for reporting years 2004 through 1988. Historically, 
only a small proportion of revision and withdrawal submissions received 
each year pertain to reporting years beyond a seven-year period. EPA 
seeks comment on whether limiting revisions to data submitted for 
reporting years 2005 through the present would impose any hardship or 
concerns.
    3. EPA does not foresee a need for an exception to an electronic-
reporting requirement. However, the Agency is interested in receiving 
input on what exceptions, if any, might be appropriate in light of an 
electronic reporting requirement.
    Input on these or other topics directly relevant to this proposed 
rule will assist the Agency in developing a final rule that addresses 
information needs, while minimizing the potential reporting burden 
associated with the rule. EPA requests that those who submit comments 
provide specific recommendations and include supporting documentation, 
as appropriate.

V. References

    The following is a listing of the documents referenced in this 
preamble that have been placed in the public docket for this proposed 
rule under docket ID number EPA-HQ-TRI-2011-0174, which is available 
for inspection as specified under ADDRESSES. For assistance in locating 
any of these documents, please consult the technical person listed 
under FOR FURTHER INFORMATION CONTACT.

1. EPA. Office of Environmental Information. Economic Analysis of 
the Electronic Reporting Proposed Rule: Community Right-to-Know; 
Toxic Chemical Release Reporting. July 7, 2011.
2. EPA. Request Facilities To Report Toxics Release Inventory 
Information Electronically or Complete Fill-and-Print Reporting 
Forms. Federal Register (76 FR 2677, January 14, 2011) (FRL-9251-2). 
Available on-line at: http://www.regulations.gov.

VI. What are the statutory and executive order reviews associated with 
this action?

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under Executive Orders 12866 and 
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This proposed action does not impose any new information collection 
burden. Instead, this proposed action would merely change the manner in 
which the Agency receives information.
    The Office of Management and Budget (OMB) has previously approved 
the information collection requirements contained in the existing 
regulations 40 CFR Part 372 under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned the following 
OMB control numbers 2025-0009 (EPA Information Collection Request (ICR) 
No. 1363.21) and 2050-0078 (EPA ICR No. 1428.08). The OMB control 
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq.

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to 
notice-and-comment rulemaking requirements under the

[[Page 13068]]

Administrative Procedure Act or any other statute unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's (SBA) regulations at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    EPA conducted an economic analysis to consider the possible effects 
of this rulemaking on small entities. This analysis, ``Economic 
Analysis of the Electronic Reporting Proposed Rule: Community Right-to-
Know; Toxic Chemical Release Reporting'' (Ref. <greek-i>1), 
demonstrates this proposed rule should not create an economic burden on 
an individual small business of more than 1% of its sales (or 
equivalent metric) and, thus, will not have a significant adverse 
impact on small businesses. After conducting this initial analysis, 
however, EPA established a new methodology in order to increase 
transparency and consistency in assessments of burden associated with 
TRI reporting. (This new economic analysis methodology was recently 
cleared by OMB as part of OMB's approval of the Information Collection 
Request (ICR) (a Paperwork Reduction Act (PRA) requirement) which EPA 
relies upon for collecting information under TRI). EPA has determined 
that the amount of burden estimated for small entities in the economic 
analysis is not affected by the previously noted change in burden 
assessment methodology. As a result, and regardless of whether the 
previous or current methodology is used, EPA is able to demonstrate 
that this proposal would not have a significant impact on small 
businesses.
    In summary, this proposed rule would create a one-time burden and a 
minor subsequent burden for facilities that have not previously used 
TRI-MEweb to submit TRI data to EPA. This burden would relate to 
obtaining access to a computer and the Internet, designating a facility 
form Preparer and Certifying Official, establishing an account in CDX, 
and associating the CDX account with TRI-MEweb. The economic analysis 
EPA prepared for this proposed rule which describes this burden in 
detail is available under docket ID number EPA-HQ-TRI-2011-0174 as 
Reference <greek-i>1.
    After considering the economic impacts of this rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in 
expenditures of $100 million or more for state, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
This rule will merely require facilities under the TRI Program to 
submit electronic reports using TRI-MEweb. Most facilities already 
adhere to this requirement, thus this rule will affect a relatively 
small number of facilities. Further, the cost to adhere to this rule is 
small and, in aggregate, will not cost more than $100 million or more 
for state, local, and tribal governments, or the private sectors in any 
one year. Thus, this rule is not subject to the requirements of 
sections 202 or 205 of the Unfunded Mandates Reform Act (UMRA).
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. Any small 
government that reports to the TRI Program will not incur significant 
costs because the cost, if any, to report electronically, as described 
above, is minimal.

E. Executive Order 13132, Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action would require 
facilities that submit annual reports under section 313 of EPCRA to do 
so electronically, which will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Thus, Executive Order 13132 does not 
apply to this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed action 
from State and local officials.

F. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Under E.O. 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 9, 2000), EPA has 
determined that this proposed rule does not have tribal implications 
because it will not have substantial direct effects on tribal 
governments, on the relationship between the Federal Government and the 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified in the 
Executive Order. Instead, the rule merely affects how facilities report 
information to the TRI Program. Thus, E.O. 13175 does not apply to this 
proposed rule.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the Executive 
Order has the potential to influence the regulation. This action is not 
subject to E.O. 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.

[[Page 13069]]

    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    E.O. 12898 (59 FR 7629, Feb. 16, 1994) establishes Federal 
executive policy on environmental justice. Its main provision directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. Instead, this rule would merely address the manner in 
which regulated facilities submit reporting information.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements.

    Dated: February 23, 2012.
 Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, Chapter I of Title 40 of 
the Code of Federal Regulations is proposed to be amended as follows:

PART 372--[AMENDED]

    1. The authority citation for Part 372 continues to read as 
follows:

    Authority:  42 U.S.C. 11023 and 11048.

    2. Section 372.85 is amended by adding paragraph (c) to read as 
follows:


Sec.  372.85  Toxic chemical release reporting form and instructions.

* * * * *
    (c) Filing Requirements. Effective January 1, 2013, facilities that 
report non-confidential TRI data, including revisions and withdrawals 
of TRI data, to EPA must prepare, certify, and submit their data to EPA 
electronically, using the most current version of the TRI online-
reporting software provided by EPA.
    (1) EPA will no longer accept non-confidential TRI reports, 
revisions, or withdrawals on paper reporting forms, magnetic media, or 
CD-ROMs. Information and instructions regarding online reporting are 
available on the TRI Web site. The only exception to this TRI 
electronic reporting requirement relates to trade secret TRI 
submissions (including sanitized and unsanitized reporting forms), 
which must be submitted to EPA on paper.
    (2) Facilities must submit electronically any revisions or 
withdrawals of previously submitted TRI data. Facilities may only 
revise or withdraw TRI data previously submitted for reporting years 
2005 through the present reporting year.

[FR Doc. 2012-5264 Filed 3-2-12; 8:45 am]
BILLING CODE 6560-50-P


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