## TOXICS RELEASE INVENTORY

TRI FORM R AND FORM A

TOXIC CHEMICAL RELEASE REPORTING

INFORMATION COLLECTION REQUEST

SUPPORTING STATEMENT

OMB CONTROL NO. 2025-0009

EPA ICR #1363.21

February 8, 2010

1 IDENTIFIC ATION OF THE INFORMATION COLLECTION ...............................................3 1(a) T itle of the Information Collection .......................................................................................3 1(b) Short Characterization/Abstract ............................................................................................3

2 NEED FOR AND USE OF THE COLLECTION ......................................................................5 2(a) Need/Authority for the Collection ........................................................................................5
2(b) Practical Utility/Us ers of the Data ........................................................................................7

3 NONDUPLICATION, CONSULTATIONS, OTHER COLLECTION CRITERIA ...................8 3(a) Nonduplication ........................................................................................................... ............8 3(b) Public Notice Required Prio r to ICR Submission to OMB .................................................13
3(c) Consultations ............................................................................................................ ............13 3(d) Effects of Less Frequent Collection ...................................................................................... 13 3(e) General Guidelines ....................................................................................................... ............14 3(f) Confidentiality .......................................................................................................... ............14 3(g) Sensitive Questions ...................................................................................................... ........15

4 THE RESPONDENTS AND THE INFORMATION REQUESTED .......................................15 4(a) Respondents/NAICS Codes .................................................................................................. 15 4(b) Information Requested .................................................................................................... .....15

5 THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT ................................................19 5(a) Agency Activities ........................................................................................................ .........19 5(b) Collection Methodo logy and Management ...........................................................................22 5(c) Small Entity Flexibility .........................................................................................................22 5(d) Collection Schedule ...................................................................................................... ........23

6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION ...................................23

6(a) Estimating Respondent Burden ............................................................................................25 6(b) Estimating Respondent Costs ..............................................................................................35

1

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### FR Notice 2/08/11 2 6(c) Estimating Agency Burden and Cost ...................................................................................37 6(d) Estimating the Respondent Universe and Total Burden and Costs ........................................38 6(e) Bottom Line Burden Hours and Cost Tables ........................................................................40
6(f) Reasons for Change in Burden .............................................................................................42
6(g) Burden Statement .............................................................................................................. ..45

APPENDICES

Appendix A: Blank Form R, Fo rm A, and Form R Schedule 1 Appendix B: Reporting Form Instructi ons Associated with Form Changes Appendix C: Information Sources Containing Data Subsets, but not Compre hensively Comparable

Alternatives to TRI Appendix D: TRI Consultation Meetings Appendix E: Facilities Require d to Report to TRI (NAICS)

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### FR Notice 2/08/11 3 1 IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title o f the Information Collection

TITLE: Toxics Release Inventory (TRI) Form R and Form A Toxic Chemical Release Report ing, Recordkeeping, Supplier

Notification and Petitions und er Section 313 of the Emergency Planning and Community Right-to-Know Act

EPA ICR No.: 1363.23

OMB Control No.: 2025-0009

1(b) Short Characterization/Abstract

This Information Collection Request (ICR) is for the information collection requirements

associated with EPA’s Toxics Release Invent ory (TRI) Program. Pursua nt to section 313 of EPCRA, certain facilities that ma nufacture, process, or otherwise use specified toxic chemicals in amounts above reporting threshold levels must su bmit annually to EPA and to designated State

officials toxic chemical release forms contai ning information specified by EPA. 42 U.S.C. 11023. In addition, pursuant to section 6607 of the Pollution Prevention Ac t (PPA), facilities reporting

under section 313 of EPCRA must also report pollution prevention and waste management data, including recycling information, for such chem icals. 42 U.S.C. 13106. These reports are compiled

and stored in EPA’s database known as the Toxics Release Inventory (TRI), and the TRI data are made readily available to the public. 1



### Currently, facilities subject to the TRI reporti ng requirements may use either the EPA Toxics Release Inventory Form R (EPA Form #9350-1), or, if they meet alternate threshold requirements, the EPA Toxics Release Inventory Form A Certification Statement 2 

### (or simply referred to as “Form A” - EPA Form #9350-2). With Form R, one chemical is reported per form; with Form A, multiple chemicals may be reported per form. 3



### In the past, EPA has issued separate I CRs: 1) EPA ICR No. 1363.21, OMB Control No. 2025- 0009 (TRI Form R) and 2) EPA ICR No. 1704.13, OMB Control No. 2025-0010 for Form R and for Form A reporting, respectively. In this ICR Re newal, EPA is transitioning from issuing two separate ICRs to issuing a single ICR—EP A ICR No. 1363.21, OMB Control No. 2025-0009 that encompasses both Form R and Form A. Additionall y, in this Renewal, EP A is proposing revisions

1 Certain sectors are subject to TRI re porting. For a complete listing of the No rth American Industry Classification System (NAICS) codes subject to TRI reporting see Appendix E of this ICR Supporting Statement.

2 The Form A submission requires a Certification Statement confirming that the sum of amounts of the chemical in releases and waste does not exceed the appropriate Non-PBT release and wast e annual reportable amounts for that reporting year (see Form A in Appendix A for Statement details).

3 Refer to Appendix A of this Supporting Statement for a blank Form R and Form A. For the full set of instructions and Forms, refer to http://www.epa.gov/tri/report/#forms.

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### FR Notice 2/08/11 4 to the Form R and Form A to standardize responses and enhance data utility. More specif ically, the proposed changes to the forms and TRI Re porting Forms and Inst ructions (RFI) are: 4



###  Remove the NA box from Parent Company fi eld (Form R/A- Part I: Sec. 5, 5.1)

 Disaggregate the “Total Transfers” field and a dd fields to identify the chemical discharge quantities to specific pub licly owned treatment works (POTWs ) (Form R- Part II: Sec. 6.1)

 Form R- Part II: Sec. 8.10, 8.10.1-4)

 Section 8 Enhancements:

o Change instructional statement on form to include “newly implemented and/or ongoing" source reduction ac tivities (Form R- Pa rt II: Sec. 8.10)

o Add an “NA” box to match associated text revisions(Form R- Part II: Sec. 8.10)

o Add a field to allow separate reportin g for both new and ongoing source reduction activities (Form R- Part II: Sec. 8.10, 8.10.1-4)

o Remove Yes box and enlarge the text sec tion for the question on optional pollution prevention information (Form R- Part II: Sec. 8.11)

 Add an new question to capture miscellane ous and optional information regarding the submission (Form R- Part II: Sec.9, 9.1)

 Add NA boxes to improve consistency in the form (Form R/Form R Schedule 1- Sec. 5.3, 6.1, 6.2)

Pursuant to EPCRA §313 (and PPA §6607 because of its linkage to EPCRA), EPA's Office of Environmental Information (OEI) collects, processe s, and makes available to the public all of the information collected. The information gathered unde r these authorities is stored in a database maintained at EPA and is available through the In ternet. EPA; other federal, state, and local government agencies; industry; and the public us e TRI extensively. Progra m offices within EPA and other government agencies have used TRI, along with other sources of data, to establish priorities, evaluate potential expos ure scenarios, and conduct enforcement activities. Industries use TRI data to identify pollution prevention opportunities and set goals for emissions reductions. Environmental and public interest groups use TRI data to make the public more aware of releases of chemicals in their communities, as well as to initiate direct negotiation and risk reduction with

facilities.

EPA has developed EPA Information Quality Guide lines to ensure the utility, objectivity, and integrity of information that is disseminated by the Agency. The information supporting this ICR is consistent with all appropriate EPA policies, including EPA's Information Quality Guidelines. In particular, the EPA Agency-wid e quality system helps ensure th at EPA organizations maximize the quality of information disseminated by the Ag ency. The quality system is documented in EPA Order 5360.1 A2, Policy and Program Requirements for the Mandatory Agency-wide Quality System and the EPA CIO Policy 2106.0 US Environmental Policy: Quality Policy Oct 2008. An updated Procedure for Quality Policy was published in October 2008. 5 

### The information supporting this action is also consistent with EPA's Guide to Writing Information Collection Requests Under the Paperwork Reduction Act of 1995, revised November 2005. It is EPA's

4 For additional details, refer to Appendix A: Blank Form R, Form R Schedule 1, and Form A, and Appendix B: Reporting Form Instructions Associated with Form Changes.

5 US Environmental Protection Agency. Procedure for Quality Policy. CIO 2106-P-0.10. October 20, 2008.

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### FR Notice 2/08/11 5 intention that collection of information under th is ICR will result in information that will be collected, maintained, and used in ways consistent with both EPA's Information Quality Guidelines and the OMB Information Quality Guidelines. 6



### The TRI data are unique in providing a multi-media (air, water, and land) picture of toxic chemical releases, transfers, and other waste management activities by covered facilities on a yearly basis. With a centralized database and el ectronic data access tool s, TRI provides a wide range of capabilities for a variety of users. Communities and governments can a ccess the identities and quantities of listed toxic chemicals that many industrial facilities in their area release, transfer, or otherwise manage as waste. In addition, industries can use TRI as a tool for evaluating efficiency and progress on their pollution prevention goals.

OMB last approved ICRs for Form R and Form A separately on Ma rch 2, 2008, with an expiration date of July 31, 2011. The ICRs appr oved at that time reflected a total program reporting burden projection of 76,986 responses, 3.72 million hours and $186 million for Form R and Form A respondents. In this ICR Renewal, th e effect of the interim changes via rulemakings (see Figure 2 on p. 43 for TRI Rulemaking and I CR Chronology), as well as other changes in conditions that have gradually shifted the numbe r of Form R and/or Form A chemical reports downward are incorporated. EPA projects total res ponses, burden, and cost of Form R and Form A reporting at 73,727 responses, 3.52 million ho urs and $174.5 million. Further, the TRI program is proposing to revise data elements and instructions for the reporting forms. The

revised data elements and instructions are estim ated to have a negligible impact on form burden.

The time required to complete all activities associated with Form R completion (rule familiarization, reporter compliance determination, calculations, form completion, and recordkeeping) is estimated to average 35.70516 hour s per Form R (including all proposed form changes). By comparison, this same burden is estimated to average 21.95867 hours for facilities submitting a Form A for a single listed chemical (all estimates incorporate proposed changes). Thus, for a facility filing a Form A instead of Form R for a single listed chemical, according to EPA’s TRI burden methodology, the alternate thres hold yields an average savings of 13.7 hours per chemical.

2 NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

This information collection activity is a st atutory requirement pur suant to EPCRA §313 (42 U.S.C. 11001 et seq.) and PPA §6607 (42 U.S.C. 11071 to 11079). According to EPCRA §313(h), the data submitted in the forms are intended to "inform persons a bout releases of toxic chemicals to the environment; to assist governmental agencies, researchers, and other persons in

6 The Office of Management and Budget publishes these guid elines in accordance with th e Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Inte grity of Information Disseminated by Federal Agencies (Government-wide Guidelines) published in interim final form by OMB in the Federal Register in Volume 66, No. 189 at 49718 on September 28, 2001, and updated in final form in Volume 2, No. 67 at 8452 on February 22, 2002.

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### FR Notice 2/08/11 6 the conduct of research and data gathering; to aid in the develo pment of appropriate regulations, guidelines, and standards; and for other similar purposes."

Section 6602 of the PPA establishes a national policy that pollution should be prevented or

reduced at the source whenever feasible. To fu rther this goal, EPA is to establish a source reduction program that collects and disseminates information, among othe r responsibilities. The information collected under §6607 is intended to fulf ill that responsibility in part and to provide a basis for measuring progress in pollution prevention in certain industrial groups.

EPA’s regulations implementing TRI reporting are codified at 40 CFR part 372. Each covered facility must report on each liste d chemical manufactured, processe d or otherwise used in excess of the reporting thresholds established in EP CRA §313(f)(1). EPA established an alternate

threshold 7 

### under EPCRA §313(f)(2) for a cat egory of facilities with lo w amounts of a listed toxic

chemical in wastes.

A facility that chooses to apply the alternate threshold submits an EPA Toxics Release Inventory

Form A instead of a Form R. Note that a Form A may contain multiple chemicals. The information collected on the Form R, or alternatively on the shorter Form A, fulfills EPA’s responsibilities under EPCRA §313(f)(2). Regarding Form A, a lthough both forms address the statutory mandates and the public's right-to-know, Form A allows regulatory relief for facilities with lower amounts of

listed toxic chemicals in wastes. Table 1 su mmarizes the information collected by form.

Table 1

Form R and Form A Information Collection

Information Collected Form R Form A Location of facilities manufacturing, pro cessing or otherwise using these chemicals √ √

Demonstrations that the chemicals are being manufactured, processed or otherwise used at current reporting thresholds √ √

Certification that the sum of amounts of the chemical in releases and waste did not exceed the appropriate Non-PBT or PBT ( lead in stainless steel, brass, or bronze alloy ) release and waste annual reportable amounts for that reporting year √

Accounting of quantities of chemicals en tering environmental mediums on site √

Disclosure of chemical transfers to offsite locations √

Description of onsite waste treatment, energy recovery, and recycling processes √

Accounting of other disposal, sour ce reduction and recycling activities √

Additional optional information on source reduction, recycling and pollution control

activities √



### The requirement for Form A submission fosters continued attention to chemical management practices and provides impor tant facility identifi cation information. With a Form A, EPA and the

7 EPA has authority to revise the threshold amounts pursuant to EPCRA §313(f)(2) provided that revised threshold amounts still result in reporting on a substan tial majority of total releases of the chemical at all facilities subject to EPCRA §313. A revised threshold may be based on classes of chemicals or categories of facilities.

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### FR Notice 2/08/11 7 general public receive a specific indication annually that a fac ility has a certain chemical; however, with the facility able to use the al ternate threshold, reporting is less extensive.

2(b) Practical Utilit y/Users of the Data

The overall goal of the Toxics Release Invent ory Program is to provide communities with

information about toxic chemical releases and other waste management activities and to support informed decision making at all levels by i ndustry, government, non-governmental organizations, and the public. 8 

### The Program’s success is due, in larg e part, to the right -to-know provisions contained in the legislation. By requiring that the resul ting data be made publicly available "by electronic and other means," Congress ensured that the general public, the media, environmental advocates, researchers, the business community, and others could evaluate and influence industry's efforts to manage toxic emissions. Conseque ntly, data collected under EPCRA §313 and PPA §6607 are made available through access tools su ch as EPA's Envirofacts, TRI Explorer, TRI.NET, and the web-enabled mobile myRTK. TRI now provides the TRI Preliminary Dataset within weeks after the annual July 1st TRI reporting dead line. The release consists of

downloadable files on the TRI Web site (with links from Data.gov), as well as updated online data access tools (Envirofacts and TRI Explorer). The annual TRI Na tional Analysis and the final dataset used for that analysis are generally made available within six months after the reporting

deadline.

In addition to providing information to the pub lic via electronic means, EPA also conducts outreach activities to make key groups and the p ublic aware of TRI. Libraries in communities all across the United States (in part icular, members of the Federal Depository Library Program) are committed to providing public access to TRI data. TRI data are used by environmental agencies, industry, and the public. EPA program offices us e TRI data, along with other data, to help establish programmatic priorities, evaluate potential hazards to human health and the natural environment, and undertake appropriate regulatory and/or enforcement activities. Environmental and public interest groups use the data to be tter understand toxic chem ical 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 communi cate their progress in achieving pollution prevention goals. States use the TRI data to compare toxic chemical releases and other waste management approaches within specific industries and to set environmental priorities at the state level. EPA encourages TRI data users to provide feedback on ways to improve TRI products and services.

8 U.S. EPA Toxics Release Inventory Program. http://www.epa.gov/tri/

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### FR Notice 2/08/11 8 3 NONDUPLICATION, CONSULTATIONS, OTHER COLLECTION CRITERIA

3(a) Nonduplication

The basic infor mation requested on Form R/Form A is required to be reported by law. Other statutes, however, also necessitate the reporting of information about releases of chemicals to the environment, as well as transfers, treatment, a nd source reduction and recyc ling activities, creating the possibility of overlap or duplication of repor ting requirements. EPA anticipates some overlap and acknowledges that respondents may use readily available data collected pursuant to other provisions of law to complete the EPCRA §313 re ports. However, information required by these other statutes may not provide readily accessible multi-media release and transfer, inventory, or pollution prevention data w ith the same scope, level of detail, chemical coverage, and frequency of

collection as data curre ntly included in TRI.

TRI contains information on releases, transfers, inventories, and pollution prevention activities for 593 individually listed chemicals and 30 chemical cat egories—with total number of chemicals and chemical categories at 682. The recent rule adding 16 National Toxi cology Program (NTP) chemicals (effective RY 2011) 9 

### increases the number of individua lly listed chemicals by 12 (from 581) and adds 4 chemicals to the Polycyclic Aromatic Compounds (PAC) category. EPA is not aware of national databases that are comparable to the whole of TRI; however, several existing data sources contain media-specif ic data on releases and transfers. In theory, information from

these databases could be combined to form an anal og of release and transfer data contained in TRI. However, in practice, given the currently availabl e data sources (see Table 2 in next section and Appendix C), this substitution is extremely un likely. For example, there are differences in chemical coverage and facility coverage, as well as differences in the level of public access, reporting frequencies, and the integr ation of data from various sour ces at the facility level. The following sections describe other sources of chemi cal releases and transfer s, chemical inventory, and pollution prevention data.

Chemical Release and Transfer Data

Table 2 presents a summary of m ajor databases containing release and tr ansfer data that are discussed in this section. Appendi x C provides a comprehensive list of relevant data sources.

9 Addition of National Toxicology Program Carcinogens ; Community Right-to-Know Toxic Chemical Release Reporting Final Rule. 40 CFR Part 372. EPA Docket ID Number EPA-HQ-TRI-2010-0006. Federal Register Vol. 75

No. 227. November 26, 1010.

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### FR Notice 2/08/11 9 Table 2 Major Release and Transfer Databases

Data Source Media and Chemical Coverage Relevant Release

Statistics Available Ease of Database

Substitution for TRI Data a

N ational

Emissions Inventory (NEI) Contains annual emissions of 6 criteria air pollutants (CAPs) and 189 hazardous air pollutants (HAPs) for facilities above reporting

thresholds. Total annual releases. Includes air releases only. Data are updated only every 3 years. Coverage of TRI chemicals is

limited.

Permit Compliance System (PCS) Contains monthly discharge monitoring data for selected water pollutants and flow rates for major sources. Concentration data;

total annual releases (can be calculated); average daily releases,

maximum “moment” if continuous monitoring. Includes only chemicals for which a discharge limit has

been set. Difficult to link between PCS parameters and a

Chemical Abstract Service (CAS) number. Very limited monitoring data for minor dischargers.

Biennial Reporting System (BRS) Contains waste volumes by

Resource Conservation and Recovery Act (RCRA) waste code reported biennially. Total annual off-site

transfers of hazardous waste for land disposal;

total annual releases to

p ublicly owned

treatment works (POTWs). Many RCRA waste codes are not specific to an individual CAS number. Quantities of

chemicals in waste cannot be

determined. Portion of waste stream matching each waste

code cannot be determined.

a “Ease of substitution” refers only to the potential of the information in the database to substitute for TRI reporting. It does not imply that the database is not adequate for the purposes for which it was designed.



### Air Releases

The 1990 amendments to the Clean Air Act require EPA to monitor and regulate the emissions of criteria air pollutants (CAPs) a nd hazardous air pollutants (HAPs). EP A is required to identify the sources of these pollutants, quantify the sources by category, develop regu lations, and then assess public health and environmental imp acts. To facilitate this process, two emissions inventories were

created: the National Toxics I nventory (NTI) for HAPs and the National Emission Trends (NET)

for CAPs. These two databases were combined in 1999 to form the National Emissions Inventory (NEI) database.

NEI is EPA's compilation of estimates of air po llutants discharged on an annual basis and their sources. NEI data are organized into four main categories: po int sources (stationary), nonpoint sources (stationary), on-road sources (mobile), and non-road sources (m obile). The compilation includes emissions estimates submitted by state, local and tribal air pol lution control agencies, estimates calculated by EPA, and emissions obtained from other sources. It may include multiple emissions values for each pollutant. From the NE I, EPA creates the General Purpose Release, the publicly available emissions inventory that contai ns a single emission value for each pollutant at a

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### FR Notice 2/08/11 10 given source. EPA uses the NEI to track emissions trends over time, develop regional pollutant reduction strategies, set and anal yze regulations, perform air toxi cs risk assessments including inhalation risks and multi-pathway exposure, model air pollutant dispersion and deposition, and measure environmental performance as required by the Government Performance and Results Act.

Since 1996, EPA has compiled the NEI every three years. For 2008, the NEI business process was reengineered to shorten the peri od between the inventory year in which data were collected and publication. The most recent inventory is the 2005 NEI, which was published in 2008.

There are a number of differences in the scope of NEI and TRI data, including the type and number of pollutants measured, the industrial sect ors included in the inve ntory, and the type of information collected (e.g.. which environmental media releases are measured and what other release or management-specific information is collected). TRI includes 593 individually listed chemicals and 30 chemical categories—with the to tal number of chemicals and chemical categories at 682. The recent rule adding 16 NTP chemicals (effective RY 2011) increases the number of individually listed chemicals by 12 (from 581) and adds 4 chemicals to the PAC category. To be included in TRI, a chemical must be known or reasonably anticipa ted to cause acute or chronic health effects or significant a dverse environmental effects. NEI covers 5 Criteria Air Pollutants (CAPs) and 189 Hazardous Air Pollutants (HAPs) , 183 of which are also covered by TRI. Among

industrial sources of chemical re leases, only manufacturing facilities , federal facilities, and seven sectors added to the TRI Program in 1998 (metal mining, coal mining, fossil- fuel fired electric utilities, chemical wholesale di stributors, petroleum terminals, and hazardous waste treatment and solvent recovery) are required to report chemical releases to TRI. The NEI, which covers all sources of CAP and HAP emissions, includes a number of sectors that are not included in TRI. For example, the agriculture, oil extraction and constr uction sectors are all included in NEI, but not TRI. In addition to point-sour ce emissions estimates from indus trial facilities, NEI includes county-level emissions estimates for area, mobile and other sources.

The sources included in TRI and NEI are furt her limited by various reporting thresholds. In addition to the sector criteria, a facility must report to TRI only if it has 10 or more full-time employee equivalents and manufactur es, processes or otherwise uses any TRI-listed chemical in quantities greater than the established threshol d. The most common reporting threshold quantities are 25,000 pounds for manufacturing and processi ng and 10,000 pounds for otherwise use. PBT chemicals have lower thresholds for reporting to TRI. For HAPs, under NEI, a facility must be included in the point source inventor y if it has the potential to emit 10 or more tons per year of one HAP or 25 tons per year or more of any co mbination of HAPs. Information captured by TRI differs from that captured by NEI on a number of counts. TRI includes multimedia data about chemical releases. Unlike NEI, TRI includes data about activities such as surface water discharges, underground injection, and landfill disposal of toxic chemicals. It also includes source reduction and waste management data, which can be used to assess pollution prevention trends on a facility basis. NEI focuses entirely on air emi ssions, but provides much more detailed emission source-specific data about releases, such as pro cess descriptions, throughput and stack height. The different information captured by the data system s largely reflects the different goals behind the development of the inventories. TRI’s main pur pose is to provide the public with information

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### FR Notice 2/08/11 11 about potential chemical hazards, whereas NEI wa s developed to produce data that would support modeling and risk assessment needs.

Water Discharges

The Permit Compliance System (PCS) tracks the permit compliance and enforcement status of facilities that discharg e to surface waters ( http://www.epa.gov/enviro/html/pcs ). For entities permitted to discharge wastewater into naviga ble waters, PCS contains information on permit issuance and expiration dates, quantities the comp any is permitted to discharge, and the actual monitoring data showing what the company ha s discharged. PCS data are not directly comparable to TRI data because PCS is a permit tracking system and not a loadings system. Thus, PCS typically contains data on monthly mo nitoring of pollutant concentrations and flow, and not total releases. Since monitoring re quired by the National Pollutant Discharge Elimination System (NPDES) cove rs only selected chemicals in the wastewater, PCS contains data on a very limited number of the TRI chemicals. PCS has been modernized to the Integrated Compliance Information System (ICIS) as ICIS-NPDES.

Waste Disp osal

Under the Resource Conservation and Recovery Act (RCRA), large quantity generators and treatment storage and disposal facilities are required to submit information on the generation, management, and final dispositi on of RCRA-defined hazardous wastes. Every two years, filers must report the following information about each waste generated or managed in the preceding year: constituent waste codes; amounts generated; on- and off-s ite treatment, storage, and management; wastes received; and off-site shipme nt recipients. Facilities submit these biennial Hazardous Waste Reports to the st ate or EPA Regional office. The biennial reports (BR) include one year’s data (e.g., 2009 Bienni al Report reflects data on wa ste management during 2009) and are stored centrally in EPA’s RCRAInfo system wh ere they are available approximately two years after the covered year (http://www.epa.gov/ep aoswer/hazwaste/data/biennialreport/index.htm). Biennial Reporting System ( BRS) data do not duplicate the info rmation contained within TRI, as: (1) hazardous waste codes do not necessarily map to unique chemicals; (2) quantities of specific

chemicals in the waste stream cannot be determin ed; (3) reporting occurs every other year, as opposed to annually for TRI; and (4) data are not available to the public until two years after reporting.

Chemical Inventory Data

TRI also c ontains inventory data, which make up a small portion of the tota l data. The most likely

alternatives for TRI inventor y data are the Tier I/II da ta reported under EPCRA §312. Under EPCRA §312, regulated facilities must submit annual inventory reports of hazardous chemicals stored on-site to the state. Tier I requires reporting on broad categories of physical hazards, while Tier II requires chemical-specific information by CAS number. The information contained in the Tier I and Tier II reports surpa sses the chemical inventory data requested on TRI Form R in terms

of the chemicals covered and level of detail. Howe ver, there are significant difficulties associated

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### FR Notice 2/08/11 12 with public access of Tier I and Tier II data, including the lack of a nationally integrated database and restrictions on public acce ss due to security concerns.

Under §112(r) of the Clean Air Act, facilities with pr ocesses that use or store more than a specified amount of certain flammable and toxic substances are required to develop and implement a risk management program and submit to EPA a summary of their program—called a Risk Management Plan (RMP). These plans include th e amounts (in pounds) of each substance that are processed or used, hazard assessments of the potential effects of hypothetical accident scenarios, a five-year history of accidental releases involving regulated su bstances at the facility, and information about the facility’s accident preven tion and emergency response programs. Facilities with processes that use or store more than a threshold amount (500–20,000 pounds) of a listed chemical must file an RMP and update their filing at specified times, including following a significant accidental release. TR I data do not duplicate RMP data as: (1) RMP c overs 54 of the TRI chemical and chemical compound categories, 10 

### (2) some RMP data are considered to be confidential business information (CBI) and are therefore not publically available; and (3) reporting occurs every five years, as opposed to annually for TRI. 11



### Pollution Prevention Data

In addition to release/transfer and inventory data, TRI also colle cts pollution prevention data from reporting facilities. Pollution prevention data som ewhat analogous to data in TRI can be found in the Biennial Hazardous Waste Reports (describ ed above) and in databases for two states administered by their state environmental agencies. While BR data provide qualitative and quantitative pollution prevention info rmation, facility and/or chemi cal coverage is not directly comparable to data required for TRI reporting. BR contains data on generation, transfer, and management of hazardous wastes; TRI reporting requi res data on toxic chemicals in waste streams or process by-products (all producti on phases and media). Furthermor e, no other federal (or state) program collects all of th e pollution prevention data currently required by TRI.

In Appendix C, data elements available from se veral information sources are compared to those reported to TRI. The analysis is broken down by the specific types of da ta collected under TRI. While Appendix C displays sources that might appear to be substitutes for TRI, they do not adequately address the entire scope of TRI, even in combination. For example, a given source

may:

 not include all toxic ch emicals covered by TRI,

 be compiled less frequently than TRI, and/or

 not be as easily accessible (if at all) to the general public.

10 http://www.epa.gov/osweroe1/docs/chem/list_of_lists_05_07_10.xls

11 http://www.epa.gov/oem/docs/chem/Chap-09-final.pdf

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### FR Notice 2/08/11 13 3(b) Public Notice Required Pr ior to ICR Submission to OMB

EPA is planning to submit one combined request to renew existing approved ICRs for both

Form R and Form A to OMB. Both ICRs are scheduled to expire on July 31, 2011

. Before submitting the combined ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. A Federal Regi ster Notice is being published to announce this renewa l request and the availability of this Supporting Statement for review by the public.

3(c) Consultations

EPA has consulted with a large number of individuals and organi zations throughout all segments of the public in the development and continue d implementation of the TRI Program. EPA has received feedback from environmental and public interest groups, trade a ssociations, educational institutions, individual representatives, and others through its outreach efforts in venues such as:

 meetings with stakeholders to provide TRI program updates and obtain input on rulemakings;

 on-line dialogues to discuss issues such as options for reporting burden reduction;

 Webinars to provide traini ng on various topics, including expanding the use of TRI for environmental justice; and

 the TRI National Training Conference, held every 18 months.

For more specific information on meetings and organizations consulted, see Appendix D. EPA continually seeks this feedback and incorporates it into the ongoing evolut ion of the TRI Program.

3(d) Effects of Less Frequent Collection

Section 313 requires annual repo rting. Section 313(i) permits EPA to modify the reporting frequency by rulemaking; however, EPA must first notify Congress and then delay the initiation of such a rulemaking for at least 12 months, but no more than 24 months, from the date of the notification. In addition, EPA must find: that the modification is consistent with the provisions of subsection (h) of [§313] based on - (i) experience from previously submitted toxic chemical release forms (ii) determinations made under paragraph (3).

Paragraph (3), in turn, provide s that EPA must determine:

(A) The extent to which information relati ng to the proposed modification provided on the toxic chemical release forms has been used by the Administrator or other agencies of the federal government, states , local governments, health professionals and the public.

### ICR 1 st 

### FR Notice 2/08/11 14 (B) The extent to which information is (i) readily available to potential users from other sources, such as state reporting programs, a nd (ii) provided to the Administrator under

another federal law or through a state program.

(C) The extent to which the modification w ould impose additional and unreasonable burdens on facilities subject to the re porting requirements under this section.

Since TRI represents the best available multi-medi a database for tracking toxic chemical releases in the United States, a change in the reporting frequency to less than once a year could have a significant impact on the availabil ity of timely toxic chemical data and affect data users, particularly at the community level. Additionally , public access to the most current toxic chemical release data and other waste management in formation would become more difficult.

3(e) General Guidelines

This ICR adheres to the guidelines stated in the 1995 Paperwork Reduction Act, as amended, OMB's implementing regulations, and all applicable OMB guidance.

Although reporting facilities are required to identify the chemical for which reports are submitted, they can claim the chemical identity as a trade secret. In such circumstances, a generic name is provided as part of the information made available to the public. EPA securely stores and maintains the true identity of the chemical (see also Section 3(f)).

EPA continues to encourage the electronic s ubmission of TRI Form R/Form A through the Internet via EPA’s Central Data Exchange (CDX) by using the Toxics Release Inventory Made Easy Web ( TRI-MEweb ) reporting software. TRI-MEweb helps facilities pr epare high-quality reports more easily than they could using pape r reporting forms due to a number of technology advances, including built-in data quality checks.

Small facilities (with fewer than 10 full-time employees or the equivalent) are exempt from reporting under EPCRA §313. Two particular provisi ons that apply to TRI reporters universally: 1) the optional range reporting provision 12 

### and 2) an alternate th reshold allowing Form A eligibility, are particularly bene ficial to non-exempt smaller fac ilities with small releases and

wastes.

3(f) Confidentiality

Respondents may designate the spec ific chemical identity of a substance as a trade secret according to EPCRA §322. Procedures for submissi on and review of trade secret claims under EPCRA §313 are set forth in 40 CF R 350. When a facility claims the chemical identity to be a

12 Range reporting provides an option for releases of less than 1,000 pounds to be recorded as a code representing one of three ranges (1 to 10 pounds, 11 to 499 pounds, or 500 to 999 pounds) rather than as a specific estimate of the release amount. Range reporting is not permitted on Form Rs for PBT chemicals. For further discussion, see Section 5(c).

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### FR Notice 2/08/11 15 trade secret and properly substantiates the clai m, EPA will not disclose the identity of the chemical to the public. EPA securely stores fo rms with trade secret information and allows access to those documents only to persons with Tr ade Secret clearance. Data made available to the public through any means do not in clude trade secret information.

3(g) Sensitive Questions

This collection does not request any sensitive information.

4 THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

The reporting requirements found in EPCRA §313 apply to owne rs and operators of facilities that have 10 or more full-time employees, manuf acture or process more than 25,000 pounds or otherwise use more than 10,000 pound s of a listed chemical, and are in the manufacturing sector or in any of seven additional industry sectors added to the TRI Program by EPA in 1997 or are Federal facilities (regardless of industrial sector). Historic ally the TRI-covered industrial sectors were identified by their Standard Indust rial Classification (SIC) codes. Beginning with Reporting Year (RY) 2006, the TRI Program conve rted from SIC codes to North American Industry Classification System (NAICS) codes (71 FR 32464, June 6, 20 06). The full list of NAIC S codes for facilities that must report to TRI (including exemptions and/or lim itations), if all other threshold determinations are met, can be found in Appendix E.

4(b) Information Requested

(i) Data Items, Including Recordkeeping Requirements

A copy of the proposed Form R, Form R Schedule 1 and Form A are included in Appendix A. For instruction revisions associated with the pr oposed form revisions, see Appendix B. To access existing TRI Reporting Forms and Instructions, see http://www.epa.gov/tri/report/#forms

.

Form R

Facilities reporting to TRI repor t releases and other waste mana gement of listed chemicals on Form R. The required data items, which are su mmarized below, are specified in 40 CFR §372.85.

Form R is divided into two sections. In Part I , respondents report facility identification information including: facility identification number; facility name and address; NAICS code; facility Dun and Bradstreet (D &B) number; parent company name; parent company D&B number; name, email address, and phone of the technical contact; and name, email address, and phone of the public contact. In Part II , respondents report:

 Toxic chemical identity,

 Mixture component identity,

 Activities and uses of the toxi c chemical at the facility,

### ICR 1 st 

### FR Notice 2/08/11 16  Maximum amount of the toxic chemical on site at any time during the calendar year,

 Quantity of the toxic chemical enteri ng each environmental medium on-site,

 Transfers of the toxic chemical in wastes to off-site locations,

 On-site waste treatment methods and efficiency, and

 Source reduction and recycling activities.

On Form R Schedule 1 , facilities reporting on dioxin and dioxin-like compounds report the individual grams data for each member of the dioxin and dioxin-like compounds category present. Form R Schedule 1 is a four-page form that mi rrors the data elements from Form R Part II Chemical-Specific Information secti ons 5, 6, and 8 (current year only).

Form A

Form A is also divided into two sections. Part I solicits the same information as Part I of Form R (see list above) but requires a different certification statement which represents a signed statement by a facility owner/operator or senior management official. In contrast to Form R where reduced threshold eligibility is not an issu e, the Form A’s signed statement certifies that the annual reportable amount as defined by 40 CFR 372.27(a) did not exceed 500 pounds for the reporting year, and that the amounts manufacture d, or processed, or otherwise used did not exceed 1 million pounds for that year. In most instances, PBT chemicals may not be reported using Form A. 13 

### In Part II , a facility may report multiple chemicals on a single Form A. Specifically Form A solicits:

 Toxic chemical identity,

 Mixture component identity,

In addition to annual reporting requirements, faciliti es must maintain records used to provide the information required on the form according to 40 CFR §372.10. Those records may include estimation methodology and calculations; engineeri ng reports; inventory, incident, and operating logs; and other supporting materials. Facilities mu st keep a copy of each report filed for at least three years.

Proposed Form Revisions

As mentioned above, EPA is proposing revisions to the Form R and Form A that standardize responses and enhance data utilit y. More specifically, the revisions to the forms and TRI Reporting Forms and Instructions (RFI) and rationale for the revisions are presented in Table 3.

13 The exception is lead in stainless steel, brass, or bronze alloys, which are not excluded from Form A eligibility.

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### FR Notice 2/08/11 17 Table 3 Proposed Form Revisions

Form Revision Rationale Form

1 Remove the NA box from the Parent Company field (Part I: Sec. 5,.5.1) The NA box is currently used to indicate a foreign parent company. Removing this box and requiring facilities to report the highest level U.S. parent company will facilitate analysis of the TRI data at the parent company level. R/A

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) The existing form collects a single “Total Transfer” quantity for transfers to all POTWs. Providing separate fields for the transfer quantity to each POTW will facilitate analysis of the releases to specific watersheds. R

3 Section 8 Enhancements ° Change instructional statement on

form to include “newly implemented and/or ongoing” source reduction activities (Part II: Sec. 8.10).

° Add an “NA” box to match

associated text revisions (Part II: Sec. 8.10) ° Add a field to allow separate

reporting for both new and ongoing source reduction activities (Part II: Sec. 8.10, 8.10.1-4).

° Remove the “Yes” box and

enlarge the text section for question on optional Pollution Prevention information (Form R Section 8.11). The existing form requests information on “any source reduction activities for this chemical during the reporting year;” but the Reporting Forms and Instructions request information on “newly implemented” source reduction activities. This change on the form and in the instructions will remove this difference, allowing facilities to distinguish between new and ongoing source reduction activities. It also provides a larger text box (8.11) where facilities can provide optional information on source reduction, recycling, or pollution control activities. R

4 Add a new question to capture miscellaneous and optional information regarding the submission (Part II: Sec..9.1). This new text box allows facilities to provide optional, miscellaneous in formation that may be helpful to EPA and/or the public in using or interpreting their data (e.g., facility closures, explanations for changes in release quantities, etc.). R

5 Add NA boxes (Part II: Sec 5.3, 6.1, 6.2) Add NA boxes were appropriate to improve consistency within the form. R (including R Schedule 1)

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### FR Notice 2/08/11 18 (ii) Respondent Activities

Facilities engage in a numb er of activities to comply with the EPCRA §313 reporting requirements. These activities can be divide d into two distinct groups: Form Activities, consisting of rule familiarization, compliance de termination, calculations and form completion, and recordkeeping and submission; and Non-Form Activities, consisting of supplier notification, non-reporter compliance determ ination, and petitions.

Form Activities

 Rule Familiarization: Staff of a facility that is repor ting under EPCRA §313 for the first time must read the reporting package and become familiar with the reporting requirements.

This includes the time needed to review instruc tions, and the time needed to train personnel to respond to a collection of information.

 Compliance Determination: At reporting facilities staff must make the determination that the facility meets the criteria for EPCRA §313 reporting. This activity includes the time required to become familiar with the definitions, exemptions, and threshold requirements under the TRI Program, to review the list of TRI chemicals, and to conduct preliminary

threshold determinations to determine if the facility is required to report.

 Calculations and Form Completion: Facility staff must ga ther data and perform calculations to provide the information required on the form. This acti vity includes the time required to search data sources and the tim e to complete and review the information.

 Recordkeeping and Submission: Facility staff must maintain recordkeeping systems and submit the report to EPA and the state in which the facility is located. This activity includes the time required to transmit or ot herwise disclose the information.

Non-Form Activities

 

### Supplier Notification: Certain suppliers of mixtures or trade name produ cts containing reportable substances must annually notify their customers of the produc t's composition, if the customer is subject to EPCRA §313 reporting. Th is activity includes the time required to inform customers, either by letter or through th e materials safety data sheet (MSDS) for the product.

 

### Non-Reporter Compliance Determination: In any given reporting year, a group of eligible facilities will complete compliance determinatio n but will not file a Form R or Form A. The activity is the same as is presented above under Form Activ ities; however, given that compliance determination applies to all other facilities in NAICS-code-eligible sectors (with ten or more employees)—including those that ultimately do not repor t to TRI—the later category is accounted for in this separate activity.

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### FR Notice 2/08/11 19  

### Petitions: Any person may petition the EPA to add or delete a chemical from the TRI toxic chemical list. EPA evaluates the toxicity of the chemical against the listing criteria established by Congress and makes a determina tion whether to grant or deny the petition request. If the petition is granted, EPA will pr opose a rule to either add or delete the chemical and after reviewing the public commen ts will issue a final rule. If the petition is not granted, EPA issues a notice explaining why the petition was de nied. The activities required to prepare and file a petition are listed below.

 Read EPA policy and guidance documents and consult with EPA;

 Plan activities;

 Prepare literature search;

 Conduct literature search;

 Process, review, and focus information;

 Write petition;

 Review and edit petition; and

 Submit petition to EPA and file.

EPA provides the reporting community with instru ctions, guidance documents, training materials, and toll-free hotlines to assist them in completi ng and submitting their reporting forms to EPA.

5 THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

EPA engages in many ac tivities to fulfill the purpose and re quirements of EPCRA. These activities can be grouped in the following categories that co ver what the Agency does to assist the regulated community with compliance, to process the data, to maintain the database, and to make the data

available:

 Assistance to Reporters

 Electronic Reporting

 Paper-Based Reporting

 Data Processing and Quality Control

 Database Organization

 Links to State Reporting

 Making Data Available

 List Revisions and Petition Reviews

 Trade Secrecy Reviews

Assistance to Reporters. The Agency operates an outreach pr ogram to assist reporters with

activities related to Form R/ Form A completion. EPA provides TRI reporting assistance with a variety of online tools and guidance, includ ing TRI Reporting Forms and Instructions and TRIMEweb (TRI Made Easy) reporting software. TRI-MEweb is a web-based software application that TRI facilities can use for entering, validating and submitting their data. The TRI Program

### ICR 1 st 

### FR Notice 2/08/11 20 also provides both basic and advanced downloa dable TRI training slid es plus online audio training modules on the TRI Web site.

EPA operates two toll-free hotline s to answer general questions and questions pertaining to electronic reporting and data certification ove r the internet. In addition, the Agency maintains a Web site with current program-specific information and guidance ( http://www.epa.gov/tri ). General guidance has been prepared for estim ating releases, including 14 industry-specific guidance documents. Additionally, EPA provide s guidance and assistance for persons or organizations regarding petitions to add or delete chemicals from the TRI list.

Electronic Reporting. As observed in 2010 for reporting year (RY) 2009, ninety-seven percent of all TRI Form Rs and Form As were pr epared and submitted electronically using TRIMEweb

. 14

, 15 

### Capabilities in TRI-MEweb include:

 Easy Upload and Validation Checks. Facilities can key or upload their data into TRIMEweb

. TRI-MEweb also provides facilities with extensive data validation checking through point-of-entry edit checks as well as a cumulative, mandatory validation checks prior to submission.

 Submittal to the Central Data Exchange. After entering their data into the TRIMEweb application and validating them, fac ilities can submit their data via EPA’s Central Data Exchange (CDX) for certification.

 Automatic Data Transmittal. Once a TRI submission has been certified by a facility’s certifying official, CDX automatically forwar ds it to the TRI EPCRA Data Processing Center (DPC) where it is loaded into the TRI Processing System (TRIPS) database. The TRIPS database is located at EPA’s National Computer Cent er in Research Triangle Park, NC.

 State Government Data Submittal. Through the TRI State Data Exchange Network,

facilities are able to submit the data via C DX and have the data transmitted to both EPA and the participating state government. This re porting option allows facilities to fulfill their legal obligation to re port to both EPA and the appr opriate State through a single

transmission of data to CDX.

 Preloaded Forms and Central Data Storage. The TRI-MEweb application allows users to preload their forms with prior year data stored in an EPA-maintained database. This database is currently separate from th e TRIPS database which is used to store

certified TRI submissions.

14 Based on TRI 2009 baseline dataset from EPA 9/16/2010. This dataset does not include revision submissions or

withdrawals.

15 Prior to TRI-MEweb , TRI reporting software had been desktop-based, distributed via the TRI Web site and mailed directly to facilities (via CD-ROM) each year. In RY 2007, TRI-MEweb, the new Web version of TRI-ME, was fully launched. The TRI-Me desktop software was retired from service in RY 2009.

### ICR 1 st 

### FR Notice 2/08/11 21  Quick Lists. TRI-MEweb provides “quick lists” that al low users to narrow their data entry to only the pertinent areas.

 Data Quality Checks. TRI-MEweb contains a number of data quality checks including internal consistency and semantic checks that compare a facility’s data to prior year

submissions.

 On-Line Revisions and Withdrawals. The application allows online revision and withdrawal of data by facil ities. Through this feature, f acilities are able to access previously submitted forms, and revise or withdraw as needed.

 Automated Section 8 Calculator. TRI-MEweb automatically calculates Section 8 Column B (current year) estimates based on data ente red in other form sec tions. Users may tailor the calculation's inputs, but cannot enter thei r own calculated values. This approach is intended to reduce the frequent mathematical e rrors in Section 8 and simplify the reporting

process.

 TRI Assistance Library. An online TRI Assistance Library is available to help facility reporters complete their TRI submissions.

Paper-Based Reporting. Facilities can also submit data to TRI on paper forms. When facilities submit TRI reports on paper, the information is keyed into the TRIPS database. Automated data quality checks begin at data entry. At this poi nt, the emphasis is on identifying forms that are not completed correctly and cannot be processed further because of fundamental errors (e.g. no chemical specified).

Data Processing and Quality Control. Once the reported data have entered the TRIPS database, some validation checks th at were initially run via the TRI-MEweb application are repeated. For paper submissions, these checks are performed for the first time. In addition, a set of data quality checks that compare the incoming data with prior years data and various data threshold checks are performed on the data for the first time.

Upon the completion of the data validation and quality checks, Facility Data Profile (FDP) reports are generated and made available for f acility review on the FTP Web site. The reports contain an echoing back of the da ta and all validation and data qua lity messages. Facilities are notified by e-mail when a report becomes available. After review, facilities can revise their data by submitting a certified replacement form via the TRI-MEweb application or on paper.

Database Organization. EPCRA §313(j) requires EPA to make TRI data available to the public through computer telecommunications and other means. EPA ensures that each facility has a unique identifier—the TRI fac ility ID (TRIFID). EP A generates a TRIFID for newly reporting facilities at the time of data entry. The identificat ion number allows easy retrieval of cross-year data, even when a facility is sold or changes its name. Facilities are notified of their TRIFID and required to use it cons istently over time.

Links to State Reporting. Under EPCRA §313, facilities are required to submit forms to both EPA and the state agency in which they ope rate. For coordination, tracking, and quality

### ICR 1 st 

### FR Notice 2/08/11 22 assurance purposes, EPA and the state agencies reconcile their submissi ons at the end of the reporting cycle.

In 2004, EPA implemented the TRI State Data Ex change Network, which enables facilities to simultaneously submit their data to EPA and the State in which they are located. This reporting option allows facilities to fulfill their legal obligation to report to EPA and the State through the sole submission of data through CDX.

Making TRI Data Available. Many options are available for accessing TRI data—ranging from data files to refined analyses. The annual TRI National Analysis (previously known as the Public Data Release) is an overview of the most recen tly reported TRI data. It includes key findings, indepth analyses, and information on trends. Three on-line data access tools: TRI-Explorer, Envirofacts and TRI.NET, make TR I data available to the public for further analysis. TRI.NET can also be used to view and analyze TRI data using geospatial capabili ties and allows users to

combine TRI data with other related data for furt her analysis. All three of these tools are updated periodically throughout the year to provi de access to the most current data.

The TRI Program historically did not release the la test year of TRI reported data until the release of the TRI National Analysis. However, star ting in 2009, EPA began rel easing the most recent year of TRI data within weeks after the July 1st reporting deadline. The TRI preliminary dataset is made available in downloadable data files, as well as via TRI Expl orer and Envirofacts.

List Revisions and Petition Reviews. The list of toxic chemical s subject to reporting under EPCRA §313 is subject to change . Regulatory additions or subtra ctions of chemicals from the list of TRI-covered chemicals can be initiated by EP A independently or in response to a petition.

Trade Secrecy Reviews. Facilities claiming a chemical identity as a trade secret must substantiate the claim by completing the Trade Secret Substa ntiation Form available from the TRI Web site (www.epa.gov/tri) under "TRI Reporting Material s." For more information on trade secrecy reviews, including the costs to EPA, see the I CR for the Trade Secrecy Rule for EPCRA (EPA #1428, OMB #2050-0078).

5(b) Collection Methodology and Management

EPA continues to encourage Form R and Form A submissions through the Internet via EPA’s

CDX and the TRI-MEweb application. For RY 2009, over 94 ninety-seven percent of all TRI submissions were prepared using TRI-MEweb and submitted electronically to EPA via CDX.

5(c) Small Entity Flexibility

Under EPCRA §313 (b)(1)(A), f acilities with fewer than 10 full-time employees (or the equivalent) are not required to report. In addi tion, EPA has taken several steps to minimize the burden for covered small businesses. A range repo rting option was added to the Final Rule (53 FR 4500, February 16, 1988) that codified the EPCRA §313 reporting requirements. Range

### ICR 1 st 

### FR Notice 2/08/11 23 reporting was the preferred option from the Regul atory Flexibility Act analysis to provide burden reduction for small businesses. Range reporti ng provides an option for releases of less than 1,000 pounds to be recorded as a code repres enting one of three ranges (1 to 10 pounds, 11 to 499 pounds, or 500 to 999 pounds) rather than as a specific estimate of the release amount. The benefit is not, however, limited to small businesses. Note that range reporting is not permitted

on Form Rs for PBT chemicals.

In response to a petition from the Small Busine ss Administration, EPA promulgated the alternate threshold (59 FR 61488, November 30, 1994), manifested in Form A reporting, as discussed in Section 1(b). Although any reporting facility mee ting the criteria may use the alternate threshold, this alternate threshold may be particul arly advantageous to small entities.

5(d) Collection Schedule

Facilities must report their information on a cale ndar-year basis, and submit Form Rs or Form As to EPA by July 1 of the following year. In response to public request s to shorten the time frame for release of TRI information, TRI began a modern ization effort in 2007 that included transition

to TRI-MEweb from desktop software, and a number of streamlining initiatives. One of the resultant improvements was the Preliminary Da ta Release which provides TRI database information as quickly as possible after the reporting deadline. In 2009, EPA released toxic chemical data to the public in mid-August, less than two months after the July 1st reporting deadline. In 2010, EPA released da ta less than one month after the reporting deadline in the TRI preliminary dataset with downloa dable data files and access via TRI Explorer and Envirofacts.

6 ESTIMATING THE B URDEN AND COST OF THE COLLECTION

This inf ormation collection activ ity imposes burden and cost on cer tain facilities affected by EPCRA §313 reporting requirements. It also imposes costs on EPA to process and make available

the data collected and stored in the Toxics Re lease Inventory. The following sections present the derivation of Form R and Form A respondent burden and cost as well as Agency burden and cost. For TRI reporters, estimates of average Form R and Form A reporting burden per respondent are presented. These form unit burden estimates are then combined with an appropriate wage rate to develop unit costs. Total Form R and Form A respondent burden and costs are estimated by combining the universe of reporting forms with estimates of unit burden and cost. This universe of reporting forms is based on reporting in RY 2009 pl us updates to reflect changes during the year of the ICR project—in this case, the modeled number of chemical s and facilities estimated to report under the Addition of National Toxicology Program Carcinogens rule, published on November 26, 2010. The combined total number of forms and facilities (i.e., respondents) is

hereafter referred to as the ICR Universe. The methodology used to estima te reporting burden in

this ICR Renewal—Ratio-Base d Burden Methodology (RBBM) 16 

### —is a restructured and

16 Revising TRI Burden to Ratio-Based Methodology , TRI Regulatory Development Branch, TRI Program Division, Office of Information Analysis and A ccess, Office of Environmental Informa tion, January 2011, EPA Docket ID Number EPA-HQ-OEI-2010-0835; her eafter referred to as RBBM Reference Document(Docket #EPA-HQ-OEI2010-0835), EPA, 2011.

### ICR 1 st 

### FR Notice 2/08/11 24 simplified formulation of the previously employed methodology. 17 

### When estimating reporter burden using RBBM, the Nominal Form R unit burde n (35.7 hours) is the base number and Form

A unit burden is set at 61.5% of th at value. These unit burdens refl ect burden associated with form activities including rule familiarization, compliance determination, calculations and form completion, and recordkeeping. In addition to Form R and Form A burden, total TRI program burden is captured by adding non-form burden associ ated with supplier no tification, non-reporter compliance determination, and petitions to form burden.

OMB approved separate Form R and Form A ICRs on March 2, 2008. The current expiration date for both forms is July 31, 2011. The OMB approve d burden numbers at that time were 3,217,280 hours for Form R and 515,901 hours for Form A, to taling 3.73 million hours. Several changes in the burden estimates have been approved by OMB since the OMB approvals of the ICRs on March 2, 2008. 18 

### On March 20, 2009, OMB approved the mergi ng of the ICR for TRI detailed reporting on dioxin and dioxin-like compounds (OMB 2025- 007, ICR 2086.02), into the TRI Form R ICR (currently OMB Control Numb er 2025-0009), increasing burden by 899 hours. Then on March 27, 2009, OMB approved changes in the number of responses and the burden hours for Form R and Form A to reflect the passage of Secti on 425 of the Omnibus Appropriations Act of 2009,

which rescinded the December 2006 Toxics Release Inventory Burden Reduction Rule. 19 

### As a result, the OMB-approved numbers for Form R were increased by 140,565 hours and for Form A burden were decreased by 318,418 yielding a net increase of 458,983 hours. Most recently, on November 26, 2010, the Addition of National To xicology Program Carcinogens rule was published in the Federal Register. This rule is estimated to increase the number of reporting facilities by 74 and the number of Form Rs submitte d by 186 with an associated burden increase of 6,641 hours.

Meanwhile, over the past several years, there has b een a slight decrease in the number of facilities reporting to TRI. Based on the latest data for RY 2009 with upda tes to reflect the estimated additional reporting resulting fr om the Addition of National Toxicology Program Carcinogens rule, EPA now estimates the total number of combined Form R and Form A responses to be 73,727, the associated total annual burden hours to be 3.52 million and the annual cost to be $174.5 million (see Section 6(b) for breakdown by Form R, Form A, and non-Form contributions). These estimates incorporate the proposed revision s to Form R/Form A which have been estimated to have a negligible impact on form burden.

For Agency burden, estimates of costs for RFI and Compliance Assistance; TRI Reporting Software and Related Data Collection/Exchange IT Infrastructure, and Data Processing are presented. In Agency form processing cost estimates, the RY 2009 distribution of submission

17 As opposed to a system several large matrices containing mi xed scales, this structure is four ratio models plus a base number for Nominal Form R unit burden. For mathematical derivations, See Ibid.

18 For a complete chronology of rule changes and ICR rene wals along with resultant impact on Form R reporting burden, see Figure 2 and Table 18.

19 The 2009 Omnibus Appropriations Act revised Form A elig ibility, reverting back to criteria in place prior to the

2006 Phase II Burden Re duction rule. This effect shifts about 3% of reported chemicals from Form A to Form R, as

estimated based on RY 2007 TRI frozen data.

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### FR Notice 2/08/11 25 media (paper versus TRI-MEweb submissions) is assumed to be the same over the course of the next ICR period.

6(a) Estimating Respondent Burden

This section presents the burden of this inform ation collection activity to Form R and Form A respondents in terms of the time required for facility personnel to perform the activities outlined in Section 3 of this document. In the past, thes e burden estimates were based on previous ICRs and economic analyses, respondent experience as reflected in comments to EPA and other parties, best professional judgment, and inform ation acquired through site visits and telephone interviews. For this ICR, EPA implemente d a revision to the existing methodology, called Ratio-Based Burden Methodology (RBBM), to es timate TRI respondent burden for both Form R and Form A reporting. 20



### Ratio-Based Burden Methodology simplifies calcu lations, imposes internal consistency, and sharpens transparency while retaining th e components of the existing methodology and maintaining its overall total burden estimate as a starting point. 21 

### Additionally, by virtue of RBBM’s structure, the methodology prevents accounting errors. 22 

### For activities associated with filing TRI chemical reports, RBBM burden estimat es include rule fam iliarization, compliance determination, calculations and form completi on, and recordkeeping. Similarly, for activities unrelated to form reporting ( non-form burden) RBBM estimates include supplier notification, nonreporter compliance determination, and petitions.

Figure 1 presents the equations of RBBM’s primary method: Steady State Total Burden

Calculation. With RBBM’s calculat ion of form burden, the only variab les/inputs required are total

counts for Form R Chemicals and Form A Chemi cals. The factors/constants of the equations

include: 1) Nominal Form R unit burden, in units of burden hours per Form R Chemical and 2) A/R, 23 

### a model for the ratio of Form A (single-chemical) 24 

### to Form R burden.

As shown in Figure 1, Nominal Form R unit bur den is multiplied by the number of Form R

Chemicals to estimate the total Form R burden. Si milarly, Form A unit burden (formulated as the product of A/R and Nominal Form R unit burde n) is multiplied by the number of Form A

20 For references on methodology development, see RBBM Reference Document (D ocket #EPA-HQ-OEI-2010- 0835), EPA, 2011.

21 At the time of transition (the start of the 2008 ICR) the comparison between totals is exact. Later, in an interim spotcheck (April 2010), totals were within 2%.

22 The simplicity of RBBM reduces accounting errors in gene ral; but more specifically, the structure prevents errors related to double-counting. See discussion in RBBM Re ference Document (Docket #EPA-HQ-OEI-2010-0835), EPA,

2011.

23 In A/R, Form A unit burden is derived using the activities asso ciated with the subset of elements from Form R that a reporter would complete in order to determine TRI reporting eligibility and file a Form A, ensuring internal consistency. For further details, see RBBM Reference Document (Docket #EPA-HQ-OEI-2010-0835), EPA, 2010.

24 Although Form A permits multiple chemical reports on the same form (on average 2.31 Chemicals per Form A), for purposes of methods development and modeling, EPA works with chemical counts, referri ng to “Form R Chemicals”

and “Form A Chemicals.”

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### FR Notice 2/08/11 26 Chemicals to estimate total Form A burden. For cro ss-reference to the activ ities associated with form reporting, Table 4 shows the percent contribution of each Fo rm R activity (and related Form A activity) to total burden.

Figure 1 Ratio-Based Burden Methodology a


### Two Burden Factors; Two Ch emical Counts; One Wage Rate

Steady State Total Burden Calculation

(1) Steady State Total Burden = Form R Burden + Form A Burden + Non-Form Burden

Where: Form R Burden = (# Form R Chemicals) * (Nominal Form R Unit Burden) Form A Burden = (# Form A Chemicals) * (A/R) * (Nominal Form R Unit Burden) Non-Form Burden = Supplier Notification + Non-Reporter Compliance Determination +

Petitions

And: A/R, Ratio of Form A Burden to Form R Burden = 0.615 Nominal Form R Unit Burden = 35.7 hours per Form R Chemical Form A Unit Burden (derived) = 22.0 hours per Form A Chemical

(2) Steady State Total Cost = Stea dy State Total Burden * (WAWR)

And: WAWR, Weighted Average Wage Rate = $49.62/hr b

a For a complete description of the Ratio-Based Burden Methodology, see “Revising TRI Burden to Ratio-Based Methodology” (RBBM Reference Document -D ocket #EPA-HQ-OEI-2010-0835, EPA, 2011).



### RBBM incorporates a nu mber of simplifications. 25 

### First, burden factors associated with activities incurred at the facility level (e.g., compliance determination) have been rescaled as form-level factors, providing a uniform scale for all releva nt factors. Second, first year filing is no longer included in the Steady State Total Burden due to negligible impact. Third, it is no longer necessary to account for burden by chemical type (PBT vers us non-PBT). Last, burden need not be estimated using three separate labor cate gories (management, technical, clerical) because with RBBM a weighted average wage rate (WAW R) is applied to the overall burden hours to estimate cost.

25 For verification of assumptions related to these simp lifications, see RBBM Reference Document (Docket #EPAHQ-OEI-2010-0835), EPA, 2011.

### ICR 1 st 

### FR Notice 2/08/11 27 Table 4: Ratio-Based Burden Methodology Components
Ratio-Based Burden Methodology

Unit Burdens a

100%=Form R Unit Burden

Ratio Model

Bases Form R

% Derived

Form A b

%

Activity

Rule Familiarization 0 0 Facility

Burden Apportioned

to Form R Compliance

Determination R/A Chemical

2.58 2.93

Calculations and Form Completion 57.49 18.64Nominal Form R(non-PBT )Subsequent year(Steady State)

Form R Recordkeeping R/A Chemical

39.93 39.93

Form Burden Per

Chemical Total Percentage of Form R

Unit Burden 100.00 61.50

a Consistent “per chemical” scale.

b Form A burden estimates are derived from Form R by summing the burden associated with Form R data elements for which a reporter would make calculations to determine their Form R eligibility as well as the data elements they actually report on Form A (basis of Form A and Form R as of 2008 ICR Renewal).



### The burden estimates used by EPA are considered to be national average values. As with any average, some facilities will be above the averag e, and others will be below it. Large, complex facilities may require more than the average time to comply; however, many other facilities subject to the rule are not large or complex. Overall, EPA considers the TRI Program burden estimates to be reasonably representative of national averages.

Form R and Form A Respondent Requirements

As noted in Section 4(b)ii above, facilities engage in a number of activities to comply with the EPCRA §313 reporting requirements. These activities can be divided into two distinct groups: Form Activities, consisting of rule familiariza tion, compliance determination, calculations and form completion, and recordkeeping and submis sion; and Non-Form Ac tivities consisting of supplier notification, non-reporte r compliance determination, and petitions. A detailed description of these activities is presented in Section 4(b)(ii).

### ICR 1 st 

### FR Notice 2/08/11 28 Form Activities

 Rule Familiarization

 Compliance Determination

 Calculations and Form Completion

 Recordkeeping and Submission

Non-Form Activities

 

### Supplier Notification

 

### Non-Reporter Compliance Determination

 

### Petitions

Note that for burden unrelated to repor ting on a Form R or A, the RBBM simplifies calculations by holding all of these values at a constant level, as estimated in the 2008 ICR

Renewal. 26



### Updating Form R and Form A Unit Burden

As noted above, this ICR Renewal uses the RBBM to estimate total TRI Program burden. However, the RBBM’s initial basis uses TRI re porting conditions as captured at the beginning of the 2008 ICR Renewal. Since that time, ne w dioxin reporting requirements—which affect

Form R unit burden—have taken effect unde r EPCRA section 313, and according to RBBM

necessitate a revision to the estimate for Form R unit burden. Therefore, the additional burden created by the dioxin requirements must be acc ounted for in the beginning of the 2012 ICR Renewal, and in this Supporting Statement’s analysis. Using RBBM and RY 2009 TRI data as bases, 27

, 28 

### as shown below, the unit reporting burden in this ICR Renewal reflects the updated Form R and Form A unit reporting burdens.

26 RBBM Reference Document (Docket #EPA-HQ-OEI-2010-0835), EPA, 2011.

27 Using the RBBM, additional burden associated with form changes are readily estimated. Specifically, the method provides a standardized set of form element burdens for use when estimating additions to the Form R (from which Form A burden is calculated, as explained above). For a more detailed description of form element estimation using the new method, see Appendix C of RBBM Reference Do cument (Docket #EPA-HQ-OEI-2010-0835), EPA, 2011.

28 Information from the EA associated with the rule was also consulted. Analysis of the Estimated Burden and Cost of Form R Schedule 1 for Dioxin and Dioxin-like Compounds; Toxic Equivalency Reporting; Community Right to Know Toxic Chemical Release Reporting (May 10, 2007).

### ICR 1 st 

### FR Notice 2/08/11 29 Since the last ICR Renewal, other substantiv e changes occurred via rulemakings. Due to the 2009 Omnibus Appropriations Act which reversed the TRI Burden Reduc tion Rule, the total number of Form Rs filed by facilities was expected to increase and the number of Form As filed by facilities was expected to decrease. Most recently, on November 26, 2010, the Addition of National Toxicology Program Carcinogens rule was published in the Federal Register. This rule is estimated to increase the number of reporting facilities by 74 and the number of Form Rs submitted by 186. The relative unit burdens associ ated with filling out Form R and Form A, however, remain unchanged. The anticipated change in the number of Fo rm Rs and Form As filed is discussed in Section 6(d).

Additionally, EPA is proposing to re vise data elements and revise instructions for Form Rs and Form As that would improve the consistency and utility of TRI data. However, the revision of

data elements and certain instructions is esti mated to have no measurable impact on Form R and

Form A burden.

The following discussion explains how the unit bur den is affected by changes from rulemakings since the last ICR and how it will be negligibly affected if the proposed form revisions are finalized (analysis is based on RY 2009 data with updates to re flect the estimated additional reporting resulting from the Addition of Nationa l Toxicology Program Carcinogens rule).

Dioxin Reporting Requirements

On May 10, 2007, the Toxics Release Inventory Pr ogram issued a final rule expanding reporting requirements for the dioxin and dioxin-like compounds category. There are 17 distinct members of this chemical category listed under TRI. The fina l rule removes the requirement to report the single distribution of compound to the dioxin category and further requires that, in addition to the total grams released for the entire category, facili ties must report the quantity for each individual

member on a new Form R Schedule 1. EPA uses th e individual mass quantity data to calculate toxic equivalency (TEQ) values th at are made available to the public along with the mass data.

To account for the additional reporting burden creat ed by the dioxin rule, th e standardized form element burdens developed in the RBBM are used to estimate additional burden to dioxin reporters (specifically those repor ters that provide a congener dist ribution, which is estimated to occur on 94% of dioxin forms). This additional unit burden is then weighted to reflect the percent of dioxin reports in the total universe of TRI reports (1.6%) and added to steady state

Form R unit burden.

For facilities at which data on the distributi on of dioxin and each dioxin-like compound are available, the following activities were previously estimated as requirements for reporting this

information on Form R:

 Calculate the quantity of dioxin and each dioxin-like compound released and/or

transferred off-site to each environmen tal medium and managed as waste using

### ICR 1 st 

### FR Notice 2/08/11 30 monitoring data, facili ty-specific emission factors, or facility-specific EPA default emission factors;

 Sum across chemicals in the category to calcu late total reportable releases and other waste management quantities of dioxin and dioxin-like compounds;

 Calculate or estimate the dist ribution of total releases across the 17 chemicals listed

in the dioxin and dioxin-like compounds category; and

 Record the distribution of releases on the existing Form R as the percentage of total

releases in the form of each of the 17 chemicals listed in the dioxin and dioxin-like compounds category.

Regardless of whether a facility reports the distribution of each member of the dioxin and dioxinlike compounds category in Part II, Section 1.4 of the existing Form R, each facility was required to report the total grams of dioxin and dioxin- like compounds released to each environmental medium, transferred off-site, or managed as wa ste in Sections 5, 6, 7, and 8. Therefore, the additional time required to report the quantity for each individual member on Form R Schedule 1 is small given that quantities have already been calculated.

In the RBBM, the standardized form element burd en category "Quantity Derived from Relevant Section 5 and 6 Data Elements" provides an estimate for filling in a data element where calculations have occurred as a pa rt of an existing data elemen t. EPA estimates 0.25 minutes of management time and 5.00 minutes of technical tim e will be required to fill out a subsection on

Form R Schedule 1. As stated in the Dioxin Ec onomic Analysis, dioxin reporters fill out an average of 4 subsections on Form R. 29 

### Therefore, total incremental burden is estimated to be 21 minutes or .35 hours per Form R Schedul e 1 (i.e., per dioxin respondent).

As not all TRI reporters fill out Form R Schedul e 1, this additional burden is weighted by the percent of total reporters that fill out dioxin reports and then added to steady state Form R unit burden (35.7 hrs). The calculation is presented below. Note that all form counts are based on

RY 2009 data.

(Eq.1)



# =

35.70516 = .35hrs ((1,094 × 

### .94)/69,690) + 35.7

29 Analysis of the Estimated Burden and Cost of Form R Schedule 1 for Dioxin and Dioxin-like Compounds; Toxic Equivalency Reporting; Community Right to Know Toxic Chemical Release Reporting . May 10, 2007. Additional Form R Schedule 1 Unit Burden × ((Total # of Dioxin

Form Rs × Percent of Dioxin Form Rs Reporting Congener Distribution) / Total Number of Form Rs) + Steady State Form R Unit Burden 

## = Adjusted Steady

State Form R

Unit Burden

### ICR 1 st 

### FR Notice 2/08/11 31 Addition of National Toxico logy Program Carcinogens

On November 26, 2010, the Toxics Release Invent ory Program issued the Addition of National Toxicology Program Carcinogens rule adding 16 chemicals, id entified as carcinogens by the National Toxicology Program (NTP), to the list of reportable TR I chemicals. These 16 chemicals meet the EPCRA Section 313(d)(2)(B) criteria fo r listing because they ar e reasonably anticipated to be a human carcinogen by the NTP in its Repo rt on Carcinogens (ROC) document. Further,

EPA estimates that facilities cu rrently manufacture, process or otherwise use these chemicals

above TRI thresholds and therefor e would file TRI reports. All ch emical reports are assumed to be filed as Form R reports. Therefore, the total number of additional TRI reports expected due to the rule is 186 Form Rs, and the number of new facilities reporting to TRI is 74.

Revised Data Elements

EPA is proposing several revisions to Form R and Form A. As mentioned above, these revisions

will contribute to the standardiz ation of responses and enhancemen t of data utility. Specifically, EPA is proposing:

 to remove the NA box in section 5.1 of Form R and Form A and revise the instructions. The NA box is currently used to indicate a foreign parent company. At the margin, removing “NA” as a possible response does not constitute enough change to estimate additional burden. Rather, the change serves to clarify the existing forms. Removing this box and requiring facilities to report the highe st level U.S. parent company will facilitate analysis of the TRI data at the parent company level.

 to disaggregate “total transfer s” fields in Form R, Section 6.1 and provide space to identify chemical discharge quantities to specific publicly owned tr eatment works (POTWs). The existing form collects a single “Total Transfer ” quantity for transfers to all POTWs. Providing separate fields for the transfer quant ity to each POTW will f acilitate analysis of the releases to specific watersheds. This change is estimated to impose no additional

burden as no additional data are to be calculated by the reporter. Note that the total release data, which are made up of the individual di scharge data, were already requested on the existing form. As an additional, but not pivot al consideration, more than 99% of forms submitted to TRI in RY 2008 only listed a singl e POTW, thus the total release that would have been reported on the exis ting form would also be reported to satisfy this form change. 30



###  to revise the instructional statement for element 8.10 on the form to include “newly implemented and/or ongoing" pollution prevention activities, while adding an “NA” box to match associated text revisions; plus add a field for elements 8.10.1-8.10.4 to allow separate reporting for both new and ongoing source reduction activities. Additionally, EPA is proposing to remove the “Yes” box and enlarge the text sec tion for the question on optional pollution prevention information (e lement 8.11.) As important context, the existing instructional statement for 8.10 re quests information on “any source reduction activities for this chemical during the re porting year;” but the Reporting Forms and

30 TRI 2008 PDR, RY 2008 via TRI.NET

### ICR 1 st 

### FR Notice 2/08/11 32 Instructions request information on “newly impl emented” source reduction activities. With this revision, both documents request info rmation on newly implemented and existing activities. This change would clarify reporting facilities’ re quirement to report both new and ongoing source reduction activities where the existing form and instructions are inconsistent. However, with this change no measureable burden increase is identified because the change in form instructions only se rves to clarify the form’s intent. In the existing form, the instructions asked for “a ny source reduction activities” to be listed, which included both new and ongoing activities. The new form instructions provide a clarification stating that the listed source re duction activities can be “newly implemented and/or ongoing” therefore, no additional in formation is requested from the reporter, implying that no additional burden is incurred.

 to add an additional question—Form R Section 9.1, to allow facilities to provide optional, miscellaneous information that may be helpful to EPA and/or the public in using or interpreting their data (e .g., facility closures, explanations for changes in release quantities, etc.). Because this is an optional, and an open-ended question, by convention, no regulatory burden is imposed on facili ties with its addition.

 to add NA boxes in three sections 5.3, 6.1, 6.2 of Form R and Form R Schedule 1, and an

NA box in Section 8.10 of Form R. At th e margin, including these NA boxes does not constitute enough change to the forms to incr ease the estimate of the burden. Rather, the NA boxes serve to clarify the existing forms and standardize responses.

The changes proposed, along with their contribut ions to the forms and estimated additional burden are presented in Table 5.

Table 5 Additional Unit Reporting Burden A ssociated with New Data Elements

Section Number Form Change Estimated

Burden (minutes)
Form R, Form A –

Part I: Section 5.1 Remove NA box 0.00

Form R – Part II: Section 6.1, 6.1A,

6.1B Disaggregate “total” fields and add fields to identify chemical discharge volumes for specific publicly owned treatment works (POTWs) 0.00

Form R – Part II:

Section 8.10 Change instructional statement on form to include “newly implemented and/or ongoing" pollution prevention activities 0.00

Form R – Part II:

Section 8.10 Add an “NA” box to match associated text revisions 0.00

Form R – Part II:

Section 8.10.1-8.10.4 Add a field to allow separate reporting for both new and ongoing source reduction activities 0.00

Form R – Part II:

Section 8.11 Remove Yes box and enlarge the text box for question on P2 optional information 0.00

### ICR 1 st 

### FR Notice 2/08/11 33 Section Number Form Change Estimated

Burden (minutes)

Form R – Part II:

Section 9.1 Add question capturing miscellaneous and optional information regarding the submission 0.00

Form R, Schedule 1 –

Part II: Section 5.3 Add NA box 0.00

Form R, Schedule 1 –

Part II: Section 6.1 Add NA box 0.00

Form R, Schedule 1 –

Part II: Section 6.2 Add NA box 0.00



### Table 6 presents the average annual burden hour estimates by form type.

Table 6 Reporter Average Annual Burden Hour Estimate by Form Type
Form Type Unit Burden Hours Per Form Form R (Including Form R Schedule 1) 35.70516

Form A 21.95867

Notes: 1) Unit burdens include burden for all activities associated with filing a form, whether incurred at the facility-level or form-level including compliance determination, rule familiarization, calculations and report completion, and recordkeeping and submission. 2) Form A unit burden is set at 61.5% of Form R unit burden. 3) Burden per form does not include non-form burde n (supplier notification, petitions, and non-reporter compliance determination).



### Any given facility may file only Form Rs, onl y Form As, or a combination of Form Rs and Form As. Table 7 provides more details on th e distribution of repor ting by form type among facilities. Note also that for a given Form A filing, the average number of chemicals reported is 2.31. Overall, an average of 3.77 chemicals (R s and As) are reported per facility with 11.3%

of all chemicals filed via Form As.

### ICR 1 st 

### FR Notice 2/08/11 34 Table 7 Form per Facility Distributions (Current Operations RY 2009 with Update s for Additional Reporting on 16 National Toxicology Program Chemicals)

Count of Chemicals Average Number of Chemicals/Facility Form Per

Facility

Distributions

- Current Operations

RY 2009 Reporter

Type Unique

Facilities R A Total R A Total

A Only 1,878 0 3,914 3,914 N/A 2.08 2.08 R Only 17,020 61,708 0 61,708 3.63 N/A 3.63

Both R and A 1,973 8,168 4,980 13,148 4.14 2.52 6.66

Total/Overall 20,870 69,876 8,894 78,770 3.68 2.31 3.77

Notes: 1) Calculations are based on RY 2009 raw single-chemical form counts (chemicals not rolled up at the Facility-chemical level) with updates to reflect es timated additional reporting due to the Addition of National Toxicology Program Carcinogens rule. 2) Approximately 71 percent of affected facilities filed three or fewer Form Rs in RY 2009. The most common number of reports filed is one. 3) Approximately 67 percent of affected facilities f iled two or fewer Form As in RY 2009. The most common number of reports filed is one. Source: TRI 2009 baseline dataset from EPA 9/16/2010 with updates to reflect estimated additional reporting from the Economic Analysis of the Addition of National Toxicology Program Carcinogens

Rule.



### Table 8 presents the annual estimated burden ho urs for the overall average conditions. These estimates represent the burden on a "typical" facility as defined by the facility filing the average number of chemicals (as represented by overall averages). As shown in Table 7, there are a variety of patterns for Form R/Form A Chemical filings by facility. The total annual

burden to all facilities is di scussed in Section 6(d).

### ICR 1 st 

### FR Notice 2/08/11 35 Table 8 Form R and Form A Reporter Typical Annual Burden Hours Based on Average Conditions per Facility in Steady State Burden Calculation

Form Type Annual Average Facility

Burden Hours

Form R (Including Form R Schedule 1) Contribution

[35.70516 hrs per chemical × 3.68 chemicals per facility × (.887) proportion of chemicals] 116.547

Form A Contribution

[21.95867 hours per chemical × 2.31 chemicals per facility × (.113) proportion of chemicals] 5.732

Overall Average 122.279



### 6(b) Estimating Respondent Costs

The steady state total cost to respondents is base d on the time needed to complete the activities listed in Section 6(a) and the weighted average wage rate (WAWR) which is the average loaded cost for a mix of managerial, technical, a nd clerical labor (in pr oportions of .03, .89, and .08, respectively) per hour of TRI reporter burden 31 

### . There are no specific capital and operation and maintenance costs associated directly with th is information collecti on activity. There may be some small additional costs for mailing and supp lies. Total annual costs for all facilities are discussed in Section 6(d).

(i) Estimating Labor Costs

Labor burden is estimated for three separate labor categories (management, technical, and clerical) across multiple activities; it is necessary to obtain wage rates for each labor category in order to estimate labor costs and compute WAWR, as shown in Table 9.

31 For the derivation and justification of the WAWR, see RBBM Reference Document (Docket #EPA-HQ-OEI-2010- 0835), EPA, 2011.

### ICR 1 st 

### FR Notice 2/08/11 36 Table 9 Derivation of the Weighted Average Wage Rate (WAWR)
(June 2010) Wage Type (Burden Proportion) Managerial (.03) Technical (.89) Clerical (.08) WAWR Composite

Occupational Type Management, business,

and financial Professional and

related Office and

administrative
support WAWR $/hr

Wages and Salaries $38.84 $32.73 $15.75

Total benefits $16.85 $13.08 $6.81

Overhead $6.60 $5.56 $2.68

Total Loaded Rate $62.29 $51.37 $25.24

WAWR Contribution 1.87 45.72 2.02 49.62
Based on June 2010 wage data. http://www.bls.gov/ncs/ect/#tables

.



### Average respondent costs are summarized in Table 10 for Form R and Form A.

Table 10 Form R and Form A Reporter Typical Annual Cost Estimate Based on Average Conditions per Facility in Steady State Burden Calculation

Form Type Annual Average Facility Cost Form R (Including Form R Schedule 1) Contribution [(35.70516 hrs. per chemical × 3.68 chemicals per facility ×.887 proportion of chemicals) × $49.62] $5,783.08

Form A Contribution [(21.95867 hours per chemical × 2.31 chemicals per facility × .113 proportion of chemicals) × $49.62] $284.42

Overall Average $6,067.50

Notes: 1. Based on RY 2009 TRI reporting as of September 30, 2010 with updates to reflect estimated additional reporting due to the Addition of National Toxicology Program Carcinogens Rule published November 26,

2010.2. Burden per form does not include non-form burden of supplier notification, petitions, and nonreporter compliance determination.



### Note that non-form burden is assumed to be a cons tant at 825,517 hours with an associated cost of $40,962,154. The components of this burden are:

 Petitions – 925 hours

 Supplier Notification – 89,616 hours

 Non Reporters’ Compliance Determination – 734,976 hours

The total cost associated with non-form burden is estimated by multiplying this constant by the WAWR (see Section 6(d) for total respondent cost associated with the TRI Program).

### ICR 1 st 

### FR Notice 2/08/11 37 6(c) Estimating Agency Burden and Cost

This section estimates the burden and costs to EPA to process Form R and Form A reports based on information characterizing the resources used in previous years. EPA incurs burden and costs for three categories of activities: RFI and Co mpliance Assistance; TRI Reporting Software and Related Data Collection and Exchange; and Data Processing. These activ ities are outlined in

detail in Table 11.

Table 11 EPA Activities for Collecting, Proc essing, and Managing TRI Data

Category Description
Reporting Forms

and Instructions (RFI) and Compliance

Assistance  Revising the TRI Reporting Forms and Instructions (RFI)

 Updating the online TRI Training Modules

 Providing technical and regulatory support hotlines

 Providing online Frequently Asked Questions and Answers

TRI Reporting

Software and

Related Data

Collection and Exchange 

###  Revising the TRI-MEweb reporting software



###  Pre-populating TRI-MEweb with facility information from the

previous year



###  Providing support for facilities to submit and certify their TRI

reports using TRI-MEweb and the Central Data Exchange



###  Supporting simultaneous reporting to EPA and the States for

facilities that are located in states that participate in the TRI State Data Exchange



###  Related infrastructure investments and program management for

TRI-MEweb and the TRI State Data Exchange

Data Processing  Processing the submitted data

 Conducting data quality checks

 Entering data from paper forms into the TRI Processing System (TRIPS)

 Disseminating data files for use in TRI-related applications

 Related infrastructure investments and program management for

TRIPS



### The estimate of EPA burden specific to RFI and Compliance Assi stance, TRI Reporting

Software and Related Data Collection and Exch ange, and Data Processing are presented in Table 12 in terms of Agency costs and number of FTEs.

### ICR 1 st 

### FR Notice 2/08/11 38 Table 12 Agency Costs and FTEs to Support the Collection, Processing, and Management of TRI Data a

Description Non-FTE Cost FTE b

RFI and Compliance Assistance $ 320,000 1.4 TRI Reporting Software and Related Data Collection/Exchange IT Infrastructure $ 1,279,803 2.1 Data Processing $ 3,030,968 2.0

Total $ 4,630,771 5.5

a Based on FY 2010 budget.

b Based on actual headcounts.



### The estimated Data Processing costs include fixe d costs (overhead) and va riable costs, which depend on the number and type of form submissions. The cost of processing TRI forms is approximately $25.75 per chemical for pape r submissions and $3.12 per chemical for TRIMEweb submissions. 32 

### Total Agency cost for items, as shown in Table 12, is $4,630,771.

6(d) Estimating the Respondent Un iverse and Total Burden and Costs

Estimated Total Annual Burden for All Respondents

This section presents the total annual burden hours for all respondents, incorporating both form and non-form burden (see detailed bases in Section 6(a)). The total burden hours for all respondents under this ICR are estimated usi ng the Steady State Total Burden method as depicted in Figure 1. Form R burden and Form A burden are calculated using unit burdens and single-chemical form counts; non-Form burden is a constant. The sum of these three burden components equals steady state total burden. Table 13 shows the assumed universe of TRI

facilities and forms for both Form Rs a nd Form As for this ICR Renewal.

32 Personal communication with Peggy Bagnoli. TRI Information and Outreach Branch. July 8, 2010. The baseline data used to calculate distribution percentage of submissions is based on chemical counts from RY 2009.

### ICR 1 st 

### FR Notice 2/08/11 39 Table 13

ICR Universe of TRI Facilities and Forms

(Based on RY 2009 Baseline TRI data With Updates for Additional Reporting of 16 National Toxicology Program Chemicals)

Form R Form A

Number of Chemicals (Same as Number of Forms) Number of Chemicals (Note: Average of 2.31 Chemicals per Form)

RY 2009 TRI Universe

Number of Facilities 18,993 3,851

Number of PBT Chemicals 14,115 22

Number of Non-PBT Chemicals 55,761 8,872

Number of Total Chemicals 69,876 8,894

Notes:

1. 22 Form As were filed in 2009 for lead, likely associated with lead in stainless steel, brass or bronze alloys which are not excluded from Form A eligibility.

2. The total unique number of facilities reporting in RY 2009 was 20,797 which is not the sum of Form R and Form A facilities above, as some facilitie s file on both Form Rs and Form As (see Table 7). Average number of Form R Chemicals per facility is 3.68; Average number of Form A Chemicals per form (and per facility) is 2.31. The overall av erage number of chemicals per facility is 3.77.

3. To count the number of Form As, the number of Form A Chemicals has to be divided by the number of Form A Chemicals per form (2.31). Theref ore, the number of Form As is estimated to be 3,851 ((8,872+22)/2.31). Note that “burden per Form A chemical” is the key unit for tracking burden associated with a Form A, and th at the conversion to number of Form As (i.e, number of Form A responses) is done to satisfy certain burden accounting and reporting requirements..4. Universe

includes the modeled number of chemicals and fac ilities estimated to report under the Addition of National Toxicology Program Carcinogens Rule published on November 26, 2010. It is estimated that under the NTP rule, 74 facilities will be added to the regulated community and an additional 186

Non-PBT chemical Form Rs will be submitted.



### Table 14 presents the total a nnual burden hours estimates for both Form R and Form A.

Table 14

Total Annual Burden Hour Estimate

Form Type Unit Burden

Hours

Per Form Number of Responses Number of Form

R or A Chemicals Steady State Total

Burden

Form R (Including Form R Schedule 1) 35.70516 69,876 69,876 2,494,934

Form A 21.95867 3,851 8,894 195,300
Non-Form (constant) 825,517

Total 3,515,751

### ICR 1 st 

### FR Notice 2/08/11 40 Estimated Total Annual Cost for All Respondents

The total annual reporting cost for all responde nt facilities is determin ed by multiplying the WAWR by the steady state total burden. Table 15 presents the total annual reporting cost for

Form R and Form A.

Table 15

Total Annual Cost Estimate (June 2010 dollars)

Form Type WAWR Steady State Total Burden (Hours) Steady State

Total Cost
(June $2010)

Form R (Includes Form R Schedule 1) $49.62 2,494,934 $123,798,625

Form A $49.62 195,300 $9,690,786
Non-Form (constant) $49.62 825,517 $40,962,154

Total 3,515,751 $174,451,565
Note: WAWR based on June 2010 wage data, http://www.bls.gov/ncs/ect/#tables

.



### 6(e) Bottom-Line Burden Hours and Cost Tables

This section presents the total burden and cost to the regulated industr y to comply with the information collection requirements under EP CRA §313 and under PPA §6607, as well as the cost to EPA to process Form R and Form As annually.

( i) Respondent Tally

Table 16 presents the total burden and cost for complying with EPCRA §313 for current and new reporting requirements.

### ICR 1 st 

### FR Notice 2/08/11 41 Table 16

Total Annual Burden and Cost

Activity Number of

Facilities (Respondents) Number of Responses Annual Burden

Hours Annual Costs (June 2010

dollars)

Existing Form Rs (Includes Form R Schedule 1) 18,993 69,876 2,494,934 $123,798,625

Existing Form As 3,851 3,851 195,300 $9,690,786

Non-Form (constant) 825,517 $40,962,154

Subtotal 20,871 a 73,727 c 3,515,751 $174,451,565

New Form R Data

Elements and

Instructions b 18,993 69,876 0.00 $0.00

New Form A Data

Elements and

Instructions b 3,851 3,851 0.00 $0.00

Grand Total $174,451,565

a The total number of facilities reporting is not equal to the sum of Form R and Form A respondents as some facilities may file both Form Rs and Form As.

b The basis for these estimates is derived from RY 2009 TRI reporting with updates to reflect the estimated impacts of the Addition of National Toxicology Program Carcinogens Rule, published November 26, 2010.

c The average number of responses per respondents is 3.53.



### (ii) The Agency Tally

The total annual program burden to EPA is es timated to be $4.63 million, and 5.5 FTEs. These

costs reflect the burden to conduct the EPA activities described above.

(iii) Variations in the Annual Bottom Line

Significant variation in the annual respondent re porting/recordkeeping burden and cost is not expected over the course of the ICR approval period.

### ICR 1 st 

### FR Notice 2/08/11 42 6(f) Reasons for Change in Burden

Several changes in the burden estimates have been approved by OMB sinc e the OMB approvals of the ICRs on March 2, 2008. On March 20, 2009, OMB approved the merging of the ICR for TRI detailed reporting on dioxin and dioxin-l ike compounds (OMB 2025-007, ICR 2086.02), into the TRI Form R ICR (currently OMB Control Numb er 2025-0009), increasing burden by 899 hours. Then on March 27, 2009, OMB approved changes in the number of responses and the burden hours for Form R and Form A to reflect the passa ge 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 number s for Form R were increased by 140,565 hours and for Form A burden were decreased by 318,418 yielding a net increase of 458,983 hours. Most recently, on November 26, 2010, the Addition of National Toxico logy Program Carcinogens

Rule was published in the Federal Register. This rule is estimated to increase the number of reporting facilities by 74 and the number of Fo rm Rs submitted by 186 with an associated burden increase of 6,641 hours.

Over the past several years, there has been a sl ight decrease in the number of facilities reporting

to TRI. Based on the latest data for RY 2009 wi th updates to reflect the estimated burden due to the additional 16 chemicals associated with the Addition of National Toxicology Program Carcinogens rule, EPA now estimates the total number of combined Form R and Form A responses to be 73,727, the associated total a nnual burden hours to be 3,515,751, and the annual cost to be $174,451,565. Further, the TRI program is proposing to revise data elements and instructions for the repo rting forms. The revised data elements and instructions are estimated to have a negligible impact on form burden.

Since the ICR approval on March 2, 2008, the reducti on in the estimate of total burden of 224,071 hours (exclusive of the additional 16 National Toxicology Program Carcinogens for which no reports have yet been received) is primarily due to the filing of approximately 10,728 fewer forms in RY 2009 than was projected in the 2008 ICR Renewal (based on RY 2005 data). Refer to Figure 2 and Table 17 for background information on the chronology of both TRI rulemakings and ICR renewals which outlines changes th at have occurred due to rulemaking.ICR 1stFR Notice 2/08/1143Figure 2TRI Rulemaking and ICR ChronologyICR 1stFR Notice 2/08/1144Table 17Recent Changes in TRI Form R BurdenTRI Form R ICR (EPA # 1363, OMB #2070-0093)ChangeTotalActivity – Explanation# ResponsesBurden HoursTotalResponsesTotal Burden Hours1997 Baseline——90,3625,538,727RY 1997 Program Change – Industry Expansion Rule:This rule added 7 new industriesto the list of industries subject to TRI reporting beginning in RY1998.39,0332,467,463129,3958,006,1901999 Adjustment – Form R Correction Worksheet:This adjustment revised the numberof responses to be more consistent with actual reporting levels. However, it did not correctfor overestimation of expected reporting from the Industry Expansion Rule.(13,226)(665,666)116,1697,340,524RY 1999 Program Change – PBT Rule:This rule lowered reporting thresholds for certainPBT Chemicals, and added other PBT Chemicalsat lower thresholds beginning in RY 2000.19,9901,485,411136,1598,825,935RY 2000 Program Change – Lead Rule:This rule lowered reporting thresholds for leadand lead compounds beginning in RY 2001.9,813786,169145,9729,612,104January 2003 Form R ICR Renewal:This request incorporated accounting adjustments toreflect actual number of responses.(57,855)(4,045,540)88,1175,566,564October 2003 Form R ICR Renewal:This request reflected actual number of responsesand accounted for a lower subsequent yearreporting burden for non-PBT Chemicals.(4,117)(1,677,812)84,0003,888,752May 2005 Form R ICR Renewal:This request reflected actual number of responses.(2,000)(91,413)82,0003,797,339RY 2005 Program Change– TRI Reporting Forms Modification Rule:This ruleeliminated certain data elements andsimplified others beginning in RY 2005.—(50,749)82,0003,746,590RY 2006 Program Change – TRI Burden Reduction Rule:This rule expanded non-PBTChemical eligibility for Form A and, for the first time, allowed limited use of Form A forPBT Chemicals.(15,100)(505,117)66,9003,241,473RY 2008 New Data Elements and Revised Instructions:The proposed additions andrevisionsimprove and enhance the data as well as standardize the information collected.(149)(24,193)66,7513,217,280RY 2008 Form R ICR Renewal——66,7513,217,280RY 2010 New Data Element and Revised Instructions0.0069,8762,494,934RY 2011 Form R ICR UNIVERSE PROJECTION3,125(722,346)69,8762,494,934Notes:

### ICR 1 st 

### FR Notice 2/08/11 45 6(g) Burden Statement (To appear on Collection Instrument)

The annual public burden for form calculations such as, rule fam iliarization, compliance determination, calculations and form completion, and recordkeeping, which is approved under OMB Control No. 2025-0009, is estimated to average 35.70516 hours per response for a facility filing a Form R and 21.95867 hours for a facility filing a Form A for one chemical. There is

additional non-form burden associated with non-reporter compliance de termination, petitions and supplier notification.

Burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or di sclose or provide information to or for a federal agency. This

includes the time needed to revi ew instructions; develop, acquire , install, and utilize technology and systems for the purposes of collecting, valid ating, and verifying information, processing and maintaining information, and disclosing and providi ng information; adjust the existing ways to comply with any previously applicable instructio ns and requirements; train personnel to be able to respond to a collection of information; s earch data sources; comp lete and review the collection of information; and transmit or otherwise disclose the information.

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 are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for mini mizing respondent burden, including the use of automated collection techniques, EPA has establis hed a public docket for this ICR under Docket

ID No. EPA-HQ-TRI-2010-0835 , which is available for online viewing at www.regulations.gov , or in-person viewing at the Office of Environmental Information Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal hol idays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Office of Environmental Information

Docket is (202) 566-1752. The www.regulations.gov site can be used to submit or view public comments, access the index listing of the cont ents of the public docket, and access those documents in the public docket that are availabl e electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington , D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA

Docket ID No. EPA-HQ-TRI-2010-0835 and OMB Control No. 2025-0009 in any correspondence.

The completed form should be submitted in acc ordance with the instructions accompanying the

form.

### ICR 1 st 

### FR Notice 2/08/11 46 REFERENCES

Certain references cited are available in EPA Docket Identification Number EPA-HQ-TRI2010-0835; other references are readily available.

Arbuckle, J. Gordon, et al., 1993. Environmental Law Handbook, Twelfth Edition. Government Institutes, Inc., Rockland MD.

U.S. Department of Labor, Bureau of Labor Statistics. Employer Costs for Employee Compensation. U.S. Department of Labor, Washington, D.C. June 2010.

U.S. EPA, 1986. Emergency Planning and Community Right-to-Know Act of 1986, §313 (42 U.S.C.A. §1023. http://www.epa.gov/tri/lawsandregs/index.htm.

U.S. EPA, 1990. Pollution Prevention Act (42 U.S.C.A. §13101-13109. U.S. EPA http://www.epa.gov/tri/lawsandregs/index.htm.

U.S. EPA, 2007. Analysis of the Estimated Burden and Cost of Form R Schedule 1 for Dioxin and Dioxin-like Compounds; Toxic E quivalency Reporting; Community Right to Know Toxic Chemical Release Reporting (May 10, 2007).

U.S. EPA, 2008. Procedure for Quality Policy. CIO 2106-P-0.10. October 20, 2008.

U.S. EPA, 2011. Revising TRI Burden to Ratio-Based Methodology; TRI Regulatory Development Branch, TRI Program Division, O ffice of Information Analysis and Access, Office of Environmental Information (February 1, 2011).

U.S. EPA. 40 CFR Part 372 Toxic Chemical Release Reporting: Community Right-to-Know. http://www.epa.gov/tri/lawsandregs/index.htm#cfr

Addition of National Toxicolo gy Program Carcinogens; Comm unity Right-to-Know Toxic Chemical Release Reporting Final Rule. 40 CFR Part 372. EPA Docket ID Number EPA-HQTRI-2010-0006. Federal Register Vol. 75 No. 227. November 26, 1010.

### ICR 1 st 

### FR Notice 2/08/11 47 APPENDIX A

BLANK FORMS

FORM A

FORM R

FORM R S CHEDULE 1Form Approved OMB Number: 2025-0009 (IMP ORTANT: Read instructions before completing form; ty pe or use fill-and-print form ) Approval Expires: 07/31/2011 Page ___ of ___ 

# TOXICS RELEASE INVENTORY

FORM A

TRI Facility ID Number WHERE TO SEND COMPLETED FORMS: 1. TRI Data Processing Center 2. APPROPRIATE STATE OFFICE OR P. O. Box 10163 (See instructions in Appendix E) Fairfax, VA 22038

Revision (Enter up to two code(s)) Withdrawal (Enter up to two code(s)) This section only applies if y ou are revising or withdrawing a previously submitted form, otherwise leave blank.

IMPORTANT: See instructions to determine when “Not Applicable (NA)” b oxes should be checked.

PART I. FACILITY IDENTIFICATION INFORMATION

SECTION 1. REPORTING YEAR _____________

SECTION 2. TRADE SECRET INFORMATION

Are you claiming the toxic chemical identified on page 2 as a trade secret?

2.1 Yes (Answer question 2.2; attach substantiation forms) No (Do not answer 2.2; go to Section 3) 2.2 Is this copy Sanitized Unsanitized (Answer only if “Yes” in 2.1)

SECTION 3. CERTIFICATION (Important: Read and sign after completing all form sections.)

I hereby certify that to the best of my knowledge and belief, fo r each toxic chemical listed in this statement, the annual repo rtable amount as defined in 40 CFR372.27 (a), did not exceed 500 pounds for this reporting year and that th e chemical was manufactured, pro cessed, or otherwise used in an amount not exceeding 1 million pounds during this reporting year.

Name and official title of owner/operator or seni or management official: Signature: Date Signed

SECTION 4. FACILITY IDENTIFICATION

Facility or Establishment Name TRI Facility ID Number

Physical Street Address Mailing Address (if different from physical street address)

City/County/State/ZIP Code City/County/State/ZIP Code Country (Non-US) 4.1

4.2 This report contains information for: ( Important : Check c or d if applicable) c. A Federal facility d. GOCO

Technical Contact Name Telephone Number (include area code) 4.3
Email Address

Public Contact Name Telephone Number (include area code) 4.4

Email Address

P r i m a r y 4.5 NAICS Code(s) (6 digits)

a. b. c. d. e. f.

a. 4.6 Dun & Bradstreet Number(s) (9 digits) b.

SECTION 5. PARENT COMPANY INFORMATION

5.1 Name of Parent Company

5.2 Parent Company’s Dun & Bradstreet Number NA

EPA Form 9350 -2 (Rev. 12/2010) - Previous editions are obsolete.Form Approved OMB Number: 2025-0009 (IMPORTANT: Read instructions before completing form; ty pe or use fill-and-print form ) Approval Expires: 07/31/2011 Page ___ of ___

TRI Facility ID Number 

## EPA FORM A

PART II. CHEMICAL IDENTIFICATION

Do not use this form for reporting PBT chem icals, including Dioxin and Dioxin-like Compounds*

SECTION 1. TOXIC CHEMICAL IDENTITY Report ___ of ___

CAS Number (Important: Enter only one number exactly as it a ppears on the Section 313 list. Enter category code if reporting a chemical category.) 1.1

Toxic Chemical or Chemical Category Name (Important: Enter only one name exac tly as it appears on the Section 313 list.) 1.2

Generic Chemical Name (Important: Complete only if Part 1, Sec tion 2.1 is checked “Yes”. Generic Name must be structurally de scriptive.) 1.3

SECTION 2. MIXTURE COMPONENT IDENTITY (Important: DO NOT complete this section if you completed Section 1 above)

Generic Chemical Name Provided by Supplier (Important: Maximu m of 70 characters, including num bers, letters, spaces, and punct uation.) 2.1

SECTION 1. TOXIC CHEMICAL IDENTITY Report ___ of ___

CAS Number (Important: Enter only one number exactly as it a ppears on the Section 313 list. Enter category code if reporting a chemical category.) 1.1

Toxic Chemical or Chemical Category Name (Important: Enter only one name exac tly as it appears on the Section 313 list.) 1.2

Generic Chemical Name (Important: Complete only if Part 1, Sec tion 2.1 is checked “Yes”. Generic Name must be structurally de scriptive.) 1.3

SECTION 2. MIXTURE COMPONENT IDENTITY (Important: DO NOT complete this section if you completed Section 1 above)

Generic Chemical Name Provided by Supplier (Important: Maximu m of 70 characters, including num bers, letters, spaces, and punct uation.) 2.1

SECTION 1. TOXIC CHEMICAL IDENTITY Report ___ of ___

CAS Number (Important: Enter only one number exactly as it a ppears on the Section 313 list. Enter category code if reporting a chemical category.) 1.1

Toxic Chemical or Chemical Category Name (Important: Enter only one name exac tly as it appears on the Section 313 list.) 1.2

Generic Chemical Name (Important: Complete only if Part 1, Sec tion 2.1 is checked “Yes”. Generic Name must be structurally de scriptive.) 1.3

SECTION 2. MIXTURE COMPONENT IDENTITY (Important: DO NOT complete this section if you completed Section 1 above)

Generic Chemical Name Provided by Supplier (Important: Maximu m of 70 characters, including num bers, letters, spaces, and punct uation.) 2.1

SECTION 1. TOXIC CHEMICAL IDENTITY Report ___ of ___

CAS Number (Important: Enter only one number exactly as it a ppears on the Section 313 list. Enter category code if reporting a chemical category.) 1.1

Toxic Chemical or Chemical Category Name (Important: Enter only one name exac tly as it appears on the Section 313 list.) 1.2

Generic Chemical Name (Important: Complete only if Part 1, Sec tion 2.1 is checked “Yes”. Generic Name must be structurally de scriptive.) 1.3

SECTION 2. MIXTURE COMPONENT IDENTITY (Important: DO NOT complete this section if you completed Section 1 above)

Generic Chemical Name Provided by Supplier (Important: Maximu m of 70 characters, including num bers, letters, spaces, and punct uation.) 2.1

*See the TRI Reporting Forms and Instructions manual for the lis t of PBT Chemicals (including Dioxin and Dioxin-like Compounds)

EPA Form 9350 -2 (Rev. 12/2010xx) - Previous editions are obsolete. (Make additional copies of this page, if needed)Form Approved OMB Number: 2025-0009 (IMPORTANT: Read instructions before completing form; ty pe or use fill-and-print form ) Approval Expires: 07/31/2011 Page 1 of 6

TRI Facility ID Number

Toxic Chemical, Category, or Generic Name 

## FORM R

Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986, also Known as Title III of the Superfund Amendments a nd Reauthorization Act

WHERE TO SEND COMPLETED FORMS: 1. TRI Data Processing Center

P. O. Box 10163 Fairfax, VA 22038 2. APPROPRIATE STATE OFFICE (See instructions in Appendix E)

This section only applies if you are revising or withdrawing a previously submitted form,

otherwise leave blank. Revision (Enter up to two code(s)) Withdrawal (Enter up to two code(s))

IMPORTANT: See instructions to determine when “N ot Applicable (NA)” boxe s should be checked.

PART I. FACILITY IDENTIFICATION INFORMATION

SECTION 1. REPORTING YEAR ________

SECTION 2. TRADE SECRET INFORMATION

Are you claiming the toxic chemical identified on page 2 as a trade secret?

2.1 Yes (Answer question 2.2; attach substantiation forms) No (Do not answer 2.2; go to Section 3) 2.2 Is this copy Sanitized Unsanitized

(Answer only if “Yes” in 2.1) SECTION 3. CERTIFICATION (Important: Read and sign after completing all form sections.)

I hereby certify that I have reviewed the attached documents a nd that, to the best of my knowle dge and belief, the submitted in formation is true and complete and that the amounts and values in this report are accurate based on reasonable estimates us ing data available to the preparers of this report.
Name and official title of owner/operator or senior management official: Signature: Date:

SECTION 4. FACILITY IDENTIFICATION

F acility or Establishment Name T RI Facility ID Number

P hysical Street Address M ailing Address (if different from physical street address)

C ity/County/State/ZIP Code C ity/County/State/ZIP Code C ountry (Non-US) 4.1

4.2 This report contains information for: (Important: Check a or b; check c or d if applicable) a. An entire facility b. Part of a facility c. A federal facility d. GOCO

Telephone Number (include area code) Technical Contact Name 4.3

Email Address

Telephone Number (include area code) Public Contact Name 4.4

Email Address

Primary 4.5 NAICS Code(s) (6 digits)

a. b. c. d. e. f.

a. 4.6 Dun & Bradstreet Number(s) (9 digits) b. SECTION 5. Parent Company Information

5.1 Name of Parent Company

5.2 Parent Company’s Dun & Bradstreet

Number NA

EPA form 9350 -1 (Rev. 12/2010) – Pr evious editions are obsolete.Form Approved OMB Number: 2025-0009 (IMPORTANT: Read instructions before completing form; ty pe or use fill-and-print form ) Approval Expires: 07/31/2011 Page 2 of 6

TRI Fa cility ID Number 

## FORM R

Toxic Chemical, Category, or Generic Name Part II. CHEMICAL-SPECIFIC INFORMATION

SECTION 1. TOXIC CHEMICAL IDENTITY (Important: DO NOT complete this section if you are reporting a mixture in Section 2 below.)

CAS Number (Important: Enter only one number exactly as it a ppears on the Section 313 list. Enter category code if reporting a chemical category.) 1.1

Toxic Chemical or Chemical Category Na me (Important: Enter only one name exactly as it appears on the Section 313 list.) 1.2

Generic Chemical Name (Important: Complete only if Part I, Secti on 2.1 is checked “Yes”. Generic Name must be structurally desc riptive.) 1.3

SECTION 2. MIXTURE COMPONENT IDENTITY (Important: DO NOT complete this section if you completed Section 1.)

Generic Chemical Name Provided by Supplier (Important: Maximum of 70 characters, including num bers, letters, spaces, and punctu ation.) 2.1

SECTION 3. ACTIVITIES AND USES OF THE TOXIC CHEMICAL AT THE FACILITY (Important: Check all that apply.)

3.1 Manufacture the toxic chemical: 3.2 Process the toxic chemical: 3.3 Otherwise use the toxic chemical:

a. Produce b. Import

If Produce or Import

c. For on-site use/processing

d. For sale/distribution

e. As a by-product

f. As an impurity a.  As a reactant

b.  As a formulation component

c.  As an article component

d.  Repackaging

d.  As an impurity a.  As a chemical processing aid

b.  As a manufacturing aid

c.  Ancillary or other use

SECTION 4. MAXIMUM AMOUNT OF THE TOXIC CHEMICAL ON SITE AT ANY TIME DURING THE

CALENDAR YEAR

4.1 (Enter two digit code from instruction package.)

SECTION 5. QUANTITY OF THE TOXIC CHEMICAL ENTERING EACH ENVIRONMENTAL MEDIUM ON SITE

A. Total Release (pounds/year*) (Enter a range code** or estimate) B. Basis of Estimate (Enter code) C. Percent from Stormwater

5.1 Fugitive or non-point

air emissions NA 

## 

5.2 Stack or point

emissions NA 

## 

5.3 Discharges to receiving

streams or water bodies (Enter one name per box) NA 

## 

Stream or Water Body Name

5.3.1

5.3.2

5.3.3

If additional pages of Part II, Section 5.3 are att ached, indicate the total number of pages in this box

and indicate the Part II, Section 5.3 page number in this box. (Example: 1, 2, 3, etc.)

EPA form 9350 -1 (Rev. 12/2010) – Previous editions are obsolete. *For Dioxin or Dioxin-like co mpounds, report in grams/year. **Range Codes: A= 1-10 pounds; B= 11-499 pounds; C= 500-999 pounds.Form Approved OMB Number: 2025-0009 (IMPORTANT: Read instructions before completing form; ty pe or use fill-and-print form ) Approval Expires: 07/31/2011 Page 3 of 6

TRI Fa cility ID Number 

## FORM R

Toxic Chemical, Category, or Generic Name Part II. CHEMICAL-SPECIFIC INFORMATION (CONTINUED)

SECTION 5. QUANTITY OF THE TOXIC CHEMICAL ENTERING EACH ENVIRONMENTAL MEDIUM ON SITE (continued)

NA A. Total Release (pounds/year*) (Enter a range code** or estimate) B. Basis of Estimate (Enter code)

5.4.1 Underground Injection on-site

to Class I Wells 

## 

5.4.2 Underground Injection on-site

to Class II-V Wells 

## 

5.5 Disposal to land on-site

5.5.1A RCRA Subtitle C landfills 

## 

5.5.1B Other landfills 

## 

5.5.2 Land treatment/application farming 

## 

5.5.3A RCRA Subtitle C surface impoundments 

## 

5.5.3B Other surface impoundments 

## 

5.5.4 Other disposal 

## 

SECTION 6. TRANSFER(S) OF THE TOXIC CHEM ICAL IN WASTES TO OFF-SITE LOCATIONS

6.1 DISCHARGES TO PUBLICLY OWNED TREATMENT WORKS (POTWs) NA 

### 

6.1._ POTW Name

POWT Address

City County State ZIP

A. Quantity Transfe rred to this POTW (pounds/year*) (Enter range code**or estimate) B. Basis of Estimate (Enter code)

If additional pages of Part II, Section 6.1 are att ached, indicate the total number of pages in this box

and indicate the Part II, Section 6.1 page number in this box. (Example: 1, 2, 3, etc.)

SECTION 6.2 TRANSFERS TO OTHER OFF-SITE LOCATIONS NA 

### 

6.2.___ Off-Site EPA Identification Number (RCRA ID No.)

Off-Site Location Name:

Off-Site Address:

City County State ZIP Country (non-US)

Is this location under control of re porting facility or parent company? 

##  Yes 

##  No

EPA form 9350 -1 (Rev. 12/2010) – Previous editions are obsolete. *For Dioxin or Dioxin-like co mpounds, report in grams/year. **Range Codes: A= 1-10 pounds; B= 11-499 pounds; C= 500-999 pounds.Form Approved OMB Number: 2025-0009 (IMPORTANT: Read instructions before completing form; ty pe or use fill-and-print form ) Approval Expires: 07/31/2011 Page 4 of 6

TRI Facility ID Number 

## FORM R

Toxic Chemical, Category, or Generic Name Part II. CHEMICAL-SPECIFIC INFORMATION (CONTINUED)

SECTION 6.2. TRANSFERS TO OTHER OFF-SITE LOCATION (CONTINUED)

A. Total Transfer (pounds/year*) (Enter a range code** or estimate) B. Basis of Estimate (Enter code) C. Type of Waste Treatment/Disposal/ Recycling/Energy Recovery (Enter code)

1. 1. 1. M

2. 2. 2. M

3. 3. 3. M

4. 4. 4. M

6.2____ Off-Site EPA Identifica tion Number (RCRA ID No.)

Off-Site Location Name:

Off-Site Address:

City County State ZIP Country (non-US)

Is location under control of reporting facility or parent company? Yes  No 

A. Total Transfer (pounds/year*) (Enter a range code** or estimate) B. Basis of Estimate (Enter code) C. Type of Waste Treatment/Disposal/ Recycling/Energy Recovery (Enter code)

1. 1. 1. M

2. 2. 2. M

3. 3. 3. M

4. 4. 4. M

SECTION 7A. ON-SITE WASTE TREATM ENT METHODS AND EFFICIENCY
 Not Applicable (NA) - Check here if no on-s ite waste treatment method is applied to any waste stream containing the toxic chemi cal or chemical category.

a. General Waste Stream (Enter code) b. Waste Treatment Method(s) Sequence (Enter 3- or 4-character code(s)) d. Waste Treatment Efficiency (Enter 2 character code)

7A.1a 7A.1.b 1 2 7A.1c

3 4 5

6 7 8

7A.2a 7A.2.b 1 2 7A.2c

3 4 5

6 7 8

7A.3a 7A.3.b 1 2 7A.3c

3 4 5

6 7 8

7A.4a 7A.4.b 1 2 7A.4c

3 4 5

6 7 8

7A.5a 7A.5.b 1 2 7A.5c

3 4 5

6 7 8

If additional pages of Part II, Section 6.1 are att ached, indicate the total number of pages in this box

and indicate the Part II, Section 6.1 page number in this box. (Example: 1, 2, 3, etc.)

EPA form 9350 -1 (Rev. 12/2010) – Previous editions are obsolete. *For Dioxin or Dioxin-like co mpounds, report in grams/year. **Range Codes: A= 1-10 pounds; B= 11-499 pounds; C= 500-999 pounds.Form Approved OMB Number: 2025-0009 (IMPORTANT: Read instructions before completing form; ty pe or use fill-and-print form ) Approval Expires: 07/31/2011 Page 5 of 6

TRI Facility ID Number 

## FORM R

Toxic Chemical, Category, or Generic Name Part II. CHEMICAL-SPECIFIC INFORMATION (CONTINUED)

SECTION 7B. ON-SITE ENERGY RECOVERY PROCESSES
 NA Check here if no on-site energy recovery is applied to any wast e stream containing the toxic chemical or chemical category.

Energy Recovery Methods (Enter 3-character code(s))

1 2 3

SECTION 7C. ON-SITE RECYLING PROCESSES
 NA Check here if no on-site recycling is applied to any waste stream containing the toxic chemical or chemical category.

Recycling Methods (Enter 3-character code(s))

1. 2. 3.

SECTION 8. DISPOSAL OR OTHER RELEASES, SOURCE REDUCTIO N, AND RECYCLING ACTIVITIES

Column A

Prior Year (pounds/year*) Column B Current Reporting Year (pounds/year*) Column C Following Year (pounds/year*) Column D Second Following Year (pounds/year*)

8.1

8.1.a Total on-site disposal to Cla ss I Underground Injection Wells, RCRA Subtitle C landfills, and other landfills

8.1.b Total other on-site disposal or other releases

8.1.c Total off-site disposal to Cl ass I Underground Injection Wells, RCRA Subtitle C landfills, and other landfills

8.1.d Total other off-site disposal or other releases

8.2 Quantity used for energy recovery on-site

8.3 Quantity used for energy r ecovery off-site

8.4 Quantity recycled on-site

8.5 Quantity recycled off-site

8.6 Quantity treated on-site

8.7 Quantity treated off-site

8.8 Quantity released to the enviro nment as a result of remedial actions, catastrophic events, or one-time events not associated with production processes (pounds/year*)

8.9 Production ratio or activity index

8.10 Did your facility engage in any source reduction activities (newly implemented and/or ongoing) for this chemical during the rep orting year?

If so, complete the following section; if not, check NA. NA 

### 

Source Reduction Activities (Enter code(s)) Is Activity New? (Yes/No) Methods of Identify Activity (Enter codes)

8.10.1 a. b. c.

8.10.2 a. b. c.

8.10.3 a. b. c.

8.10.4 a. b. c. EPA form 9350 -1 (Rev. 12/2010) – Previous editions are obsolete. *For Dioxin or Dioxin-like co mpounds, report in grams/year. **Range Codes: A= 1-10 pounds; B= 11-499 pounds; C= 500-999 pounds.Form Approved OMB Number: 2025-0009 ( IMPORTANT: Type or print; read instructions before completing form) A pproval Expires: 07/31/2011 Page 6 of 6

TRI Facility ID Number 

## FORM R

Toxic Chemical, Category, or Generic Name Part II. CHEMICAL-SPECIFIC INFORMATION (CONTINUED)

SECTION 8.11. DISPOSAL OF OTHER RELEASES, SOURCED REDUCTION, AND RECYCLING ACTIVITIES

8.11 If you wish to submit additional optiona l information on source reducti on, recycling, or pollution control activities, provide it here.

SECTION 9. MISCELLANEOUS INFORMATION

9.1 If you wish to submit any miscellaneous, additional, or optiona l information regarding your Form R submission, provide it here.

EPA form 9350 -1 (Rev. 12/2010) – Previous editions are obsolete. *For Dioxin or Dioxin-like co mpounds, report in grams/year. **Range Codes: A= 1-10 pounds; B= 11-499 pounds; C= 500-999 pounds.EPA Form 9350

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(IMPORTANT: Read instructions before completing form; type or use fill

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- print form ) Form Approved OMB Number: 2025

- 0007 Approval Expires : 07/31/2011 Page 1 of 4

United States

Environmental Protection Agency 

# FORM R Schedule 1 TRI Facility ID Number



# PART II. CHEMICAL

- SPECIFIC INFORMATION (continued)

SECTION 5. QUANTITY OF DIOXIN AND DIOXIN

- LIKE COMPOUNDS ENTERING EACH ENVIRONMENTAL MEDIUM ON

- SITE

5.1 NA 5.2 NA 5.3 Discharges to receiving streams or water bodies ( E nter data for one stream or water body per box) NA

Fugitive or non

point air emissions Stack or point

air emissions 5.3.1 5.3.2 5.3.3

D. Mass ( g rams) of each compound in the cat egory (1 - 17) 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

If additional pages of Section 5.3 are attached, indicate the total number of pages in this box

and indicate the Section 5 .3 page number in this box (E xample: 1, 2, 3, etc.)EPA Form 9350

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(IMPORTANT: Read instructions before completing form; type or use fill

- and

- print form ) Form Approved OMB Number: 2025

- 0007 Approval Expires : 07/31/2011 Page 2 of 4



# FORM R Schedule 1 TRI Facility ID Number



# PART II. CHEMICAL

- SPECIFIC INFORMATION (continued)

SECTION 5. QUANTITY OF DIOXIN AND DIOXIN

- LIKE COMPOUNDS ENTERING EACH ENVIRONMENTAL MEDIUM ON

- SITE

Underground Injection 5.5 Disposal to land o

- nsite

5.4.1 N A 5.4.2 NA 5.5.1.A NA 5.5.1.B NA 5.5.2 NA 5.5.3A NA 5.5.3B NA 5.5.4 NA

Underground Injection on

- site

to Class I Wells Underground

Injection on

- site

to Class II

- V

Wells RCRA Subtitle C

landfills Other landfills Land treatment/ application farming RCRA Subtitle C

surface impoundments Other surface

impoundments Other disposal

C. Mass ( grams) of each compound in t he ca tegory (1 - 17) 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17EPA Form 9350

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(IMPORTANT: Read instructions before completing form; type or use fill

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- print form ) Form Approved OMB Number: 2025

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# FORM R Schedule 1

PART II. CHEMICAL

- SPECIFIC INFORMATION (continued) TRI Facility ID Number

SECTION 6. TRANSFERS OF DIOXIN AND DIOXIN

- LIKE COMPOUNDS IN WASTES TO OFF

- SITE LOCATIONS

6.1 DISCHARGES TO PUBLICLY OWNED TREATMENT WORKS (POTWs) NA

6.1.A.3 Mass (grams) of Each Compound in the Category (1

- 17)

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17

6.2 TRANSFERS TO OTHER OFF

- SITE LOCATIONS NA

6.2.

__ D. Mass (grams) of each compound in the category (1

- 17)

1. 1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17

2. 1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17

3. 1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17

4. 1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17

6.2.

__ D. Mass (grams) of each compound in the category (1

- 17)

1. 1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17

2. 1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17

3. 1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17

4. 1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16 17

If additional pages of Section 6.2 are attached, indicate the total number of pages in this box

and indicate the Section 6.2 page number in this box ( E xample: 1, 2, 3, etc.)EPA Form 9350

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- and

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# FORM R Schedule 1

PART II. CHEMICAL

- SPECIFIC INFORMATION (continued) TRI Facility ID Number

SECTION 8. DISPOSAL OR OTHER RELEASES, SOURCE REDUCTION

, AND RECYCLING ACTIVITIES FOR DIOXIN AND DIOXIN

- LIKE COMPOUNDS (current year only)

8.1a 8.1b 8.1c 8.1d 8.2 8.3 8.4 8.5 8.6 8.7 8.8

Total on

- site disposal to

Class 1 Underground Injection Wells,

RCRA Subtitle C landfills, and

other landfills Total other

on

- site disposal

or other

releases Total off

- site disposal to
Class 1 Underground Injection Wells,

RCRA Subtitle C landfills, and

o ther landfills Total other

off

- site disposal

or other

releases Quantity used

for energy

recovery

on

- site Quantity used

for energy

recovery off

- site Quantity

recycled

on

- site Quan tity

recycled

off

- site Quantity

treated

on

- site Quantity

treated

off

- site Quantity released to

the environment as a

result of remedial actions, catastrophic

events, or one

- time

events not associated with production

processes

Column f. Mass ( g rams) of each compound in the c a tegory (1 - 17) 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17ICR 1stFR Notice2/08/1160

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### FR Notice 2/08/11 61 APPENDIX B

REPORTI NG FORM INSTRUCTIONS

ASSOCIATED WITH FORM CHANGES

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### FR Notice 2/08/11 62 Appendix B: Reporting Form R Changes and Associated Instruction Revisions Last updated: 11/15/2010

New revisions to the Form R instructions follow. These revisions are aimed at improving the user experience by clarifying the intent of questions and reducing conf usion. An overview of changes

made in this version of the Form R itself are listed below. Revisions to the instructions are identified in the subsequent pages using underlined text. Sections of the instructions which remain unchanged are not referenced. To review existing instructions, Toxic Chemical Release Inventory Reporting Forms and Instructions – Revised 2009 Version , visit http://www.epa.gov/tri/report/index.htm

.

Revisions to Form R

Table B-1: Overview of Form R Revisions Please refer to specific sections in the following text for details

Form Revision Rationale Form

1 Remove the NA box from the Parent Company field (Part I: Sec. 5,.5.1) The NA box is currently used to indicate a foreign parent company. Removing this box and requiring facilities to report the highest level U.S. parent company will facilitate analysis of the TRI data at the parent company level. R/A

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) The existing form collects a single “Total Transfer” quantity for transfers to all POTWs. Providing separate fields for the transfer quantity to each POTW will facilitate analysis of the releases to specific watersheds. R

3 Section 8 Enhancements ° Change instructional

statement on form to include “newly implemented and/or ongoing” source reduction activities (Part II: Sec. 8.10).

° Add an “NA” box to match associated text revisions (Part II: Sec. 8.10) ° Add a field to allow separate reporting for both new and ongoing source reduction activities (Part II: Sec. 8.10, 8.10.1-4).

° Remove the “Yes” box and enlarge the text section for The existing form requests information on “any source reduction activities for this chemical during the repo rting year;” but the Reporting Forms and Instructions request information on “newly implemented” source reduction activities. This change on the form

and in the instructions will remove this difference, allowing facilities to distinguish between new and ongoing source reduction activities. It also pr ovides a larg er text box (8.11) where facilities can provide optional information on source reduction, recycling, or pollution control activities. R

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### FR Notice 2/08/11 63 question on optional Pollution Prevention information (Form R Section 8.11).

4 Add a new question to capture miscellaneous and optional information regarding the submission (Part II: Sec..9.1). This new text box allows facilities to provide optional, miscellaneous information that may be helpful to EPA and/or the public in using or interpreting their data (e.g., facility closures, explanations for changes in release quantities, etc.). R

5 Add NA boxes (Part II: Sec 5.3, 6.1, 6.2) Add NA boxes were appr opriate to improve consistency within the form. R (including R Schedule 1)

Specific Form and Instruction Revisions

PART 1 FACILITY I DENTIFICATION INFORMATION Section 5. Parent Company Information

Form Revisions: Removed NA option for nam e of parent company (see also below)

Instruction Revisions: See unde rlined text which follows.

You must provide information on your parent company. For purposes of the Form R, a parent company is defined as the highest level compa ny, located in the United States, which directly owns at least 50 percent of the vo ting stock of your company. If your facility is owned by a foreign entity, enter NA in this space provide the highest level parent company based in the United States even if that is your own facility. Do not enter NA. Corporate names should be treated as parent company names for companies with multiple facility sites. For example, the Bestchem Corporation is not owned or controlled by any other corpor ation but has sites thr oughout the country whose names begin with Bestchem. In this case, Bestch em Corporation should be listed as the parent company. Note that a facility th at is a 50:50 joint venture is its own parent company. When a facility is owned by more than on e company and none of the facility owners directly owns at least 50 percent of its voting stock, the fa cility should provide the name of the parent company of either the facility operator or the owner with the largest ownership interest in the facility. If neither the operator nor this owner has a parent co mpany, then the NA box should be checked.

5.1 Name of Parent Company

Form Revisions: Removed NA op tion for name of parent company

Instruction Revisions: See unde rlined text which follows.

Enter the name of the corporati on or other business en tity that is your ultimate U.S. parent

company. If your facility has no parent company, you should check the NA box higher level U.S. parent company, you should enter the name of your facility in th e Parent Company box.

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### FR Notice 2/08/11 64 PART II CHEMICAL-SPECIFIC INFORMATION

Section 5. Quantity of the T oxic Chemical E ntering Each Environmental Medium Onsite

5.3 Discharges to Receiving Streams or Water Bodies

Form Revisions: Added NA box as a response to th e question, “Discharges to receiving streams or water bodies (enter one name per box)”

Instruction Revisions: See underlined text which follows and note addition of blank underscored spaces for inclusion of appropria te numbers which are bracketed

In Section 5.3 you are to enter all the names of the streams or wate r bodies to which your facility directly discharges the EPCRA Section 313 chemical on which you are reporting. A total of three spaces is provided on Page 2 of Form R. Enter th e name of each receiving stream or surface water body to which the EPCRA Section 313 chemical bei ng reported is directly discharged. Report the name of the receiving stream or water body as it appears on the NPDES permit for the facility. If the stream is not included in the NPDES permit or its name is not identified in the NPDES permit, either 1) enter the name of the off-site stream or water body by which it is publicly known or 2) if the receiving waters are unnamed, enter the first publicly named wa ter body to which the receiving waters are a tributary. Do not list a series of streams through which the EPCRA Section 313

chemical flows. Be sure to include all the receiving streams or water bodies that receive stormwater runoff from your faci lity. Do not enter names of str eams to which off-site treatment plants discharge. You should check the NA box in Section 5.3.[ ]_ if there are no discharges to receiving streams or water bodies of the waste stream that contains or contained the EPCRA Section 313 chemical (See discussion of NA vs. a Numeric Value (e.g., Zero) in the introduction of Section 5).

Section 6. Transfer(s) of the Toxic Chem ical in Wastes to Off-Site Locations

Form Revision: Disaggregate the “Total Transfers” field and add fields to identify chemical discharge quantities to specific POTW(s)(see also below)

Instruction Revisions:

 Title for Section 6. revised from “Transfers of the Toxic Chemical in Wastes to Off-Site Locations” to “Transfer(s) of the Toxic Chem ical in Wastes to Off-Site Locations”

 In Sub-Sections titled “NA vs. a Numeric Va lue (e.g., Zero)” and “Important,” there are minor changes noted below such as changes to the section numbers followed by an

underscore.

NA vs. a Numeric Value (e.g., Zero). You must enter a numeric valu e if you transfer an EPCRA

Section 313 chemical to a POTW or transfer wastes containing that toxic chem ical to other off-site locations. If the aggregate amount transferred was less than 0. 5 pound, then you should enter zero

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### FR Notice 2/08/11 65 (unless the chemical is listed as a PBT chemical). Also report zero for transfers of listed mineral acids (i.e., hydrogen fluoride and nitr ic acid), if they have been neutralized to a pH of 6 or above prior to discharge to a POTW; do not check NA.

However, if you do not discharge wastewater containing the reported EPCRA Section 313 chemical to a POTW, you should check enter NA in the box in Section 6.1 . If you do not ship or transfer wastes containing the reported EPCRA Section 313 chemi cal to other offsite locations, you should check enter NA in the box in Section 6.2

.

Important: You must number the boxes for reporting the information for each POTW or other

off-site location in Sections 6.1 and 6.2. In the upper left hand corner of each box, the section

number is either 6.1.[_] or 6.2.[_]. If you are reporting multi ple POTW s or multiple other off-site locations, and you are submitting a hard-copy report, note instructions below to photocopy form

pages.

If you report a transfer of the EPCRA Section 313 ch emical to one or more other off-site locations, you should number the boxes in section 6.1. as 6.1.1, etc . If you transfer the EPCRA Section 313

chemical to more than two one POTW s , you should photocopy Page 3 of Form R as many times as necessary and then number the boxe s consecutively for each POTW (e.g. 6.1.2, 6.1.3, etc.)

. At the

bottom of Part II Section 6.1 of the Form R you will find instructions indicating each page 3 that is submitted, indicate the total number of pages numbered “3 ” that you are submitting as part of Form R and indicate the sequence of those pages. For example, your facility transfers the reported

EPCRA Section 313 chemical in wastewaters to two three POTWs. You would photocopy Page 3 once, indicate at the bottom of each Page 3 that there are a total of two pages numbered “3” and

then indicate the first and second Page 3. The box es for the first two POTW s on the first Page 3

should be numbered 6.1.1 6.1.B.1 and 6.1.B.2 , while the box for second third POTW on the second Page 3 should be numbered 6.1.2

. 6.1.B.3.

If you report a transfer of the EPCRA Section 313 ch emical to one or more other off-site locations, you should number the boxes in section 6.2 as 6 .2.1, 6.2.2, etc. If you transfer the EPCRA Section

313 chemical to more than two other off-site locations, you should photocopy Page 4 of Form R as many times as necessary and then number the boxe s consecutively for each off-site location. At the bottom of Page 4 you will find instructions for indicating the total numbe r of Page 4s that you are submitting as part of the Form R as well as indicating the sequence of those pages. For example, your facility transfers the reported EPCRA Section 313 chem ical to three other off-site locations. You should photocopy page 4 once, indicat e at the bottom of Sec tion 6.2 on each Page 4 that there are a total of two Page 4s and then indicate the first and second Page 4. The boxes for the two off-site locations on the first Page 4 would be numbered 6.2.1 and 6.2.2, while the box for

the third off-site location on the s econd Page 4 should be numbered 6.2.3. Please note section 6.2 starts on Page 3 and continues on Page 4.

6.1 Discharges to Publicly Owned Treatment Works

Form Revisions: Disaggregate the “Total Transfe rs” field and add fields to identify chemical discharge quantities to specific POTW(s); Also an “NA” box has been added to 6.1

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### FR Notice 2/08/11 66 “DISCHARGE(S) TO PUBLICALLY OWNED T REATMENT WORK(S) (POTWs)” In addition, the numbering under 6.1 has changed from 6.1.1 to 6.1.__.

Instruction Revisions: See unde rlined text which follows.

In Section 6.1.[_] you should enter the name and address fo r each POTW to which your facility discharges or otherwise transfers wastewat er containing the reported EPCRA Section 313 chemical. The most common transfers of this type will be conveyances of the toxic chemical in facility wastewater thro ugh underground sewage pipes; however, materials may also be trucked or

transferred via some other direct methods to a POTW. In Section 6.1.[_]A or Section 6.1.[_]B (for columns A and B, respectively) estimate th e quantity of the reported EPCRA Section 313

chemical transferred to each POTW and the ba sis upon which the estimate was made, respectively

.

If you do not discharge wastewat er containing the reported EPCR A Section 313 chemical to a POTW, enter NA in the box in Section 6.1 . (See discussion of NA vs. a Numeric Value (e.g., Zero) in the introduction of Section 6).

Instruction Revisions:

 Section Titled “Total Transfers” has been re named “Quantity Transferred to this POTW”

 See underlined text which follows for additional changes.

6.1.[_]A Quantity Transferred to this POTW

Enter the total amount, in pounds, of the reported EPCRA Section 313 chemical that is contained

in the wastewaters transferred to each all POTW s . Do not enter the total poundage of the

wastewaters. If the amount transferred is less than 1,000 pounds, you may report a range by entering the appropriate range c ode (range reporting in section 6.1.__.A . does not apply to PBT chemicals). The following reporting range codes are to be used:

Code Reporting Range (in pounds)

A 1-10

B 11-499

C 500-999

6.1.[_]B Basis of Estimate

You must identify the basis for your estimate of the total quantity of the reported EPCRA Section

313 chemical in the wast ewater transferred to each POTW. You should enter one of the following letter codes that applies to the method by which the largest percentage of the estimate was derived.

M1 Estimate is based on continuous monitoring data or measurements for the EPCRA Section

313 chemical.

M2 Estimate is based on periodic or random m onitoring data or measurements for the EPCRA

Section 313 chemical.

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### FR Notice 2/08/11 67 C Estimate is based on mass balance calculations , such as calculation of the amount of the

EPCRA Section 313 chemical in streams en tering and leaving process equipment.

E1 Estimate is based on published emission factor s, such as those rela ting release quantity to through-put or equipment type (e.g., air emission factors).

E2 Estimate is based on-site sp ecific emission factors, such as those relating release quantity to through-put or equipment type (e.g., air emission factors).

O Estimate is based on other approaches such as engineering calculations (e.g., estimating volatilization using published mathematical formulas) or best engineering judgment. This would include applying an estimated removal ef ficiency to a waste stream, even if the composition of the stream before treatment was fully identified th rough monitoring data.

6.2 Transfers to Other Off-Site Locations

Form Revisions: An “NA” box has been added to 6.2

Section 8. Disposal or Other Releases, So urce Reduction, and Recycling Activities

Form Revisions: Section 8 enhancements (see also below) Form and Instruction Revisions: Title changed from “Source Reduction and Recycling Activities” to “Disposal or Other Releases, Sour ce Reduction, and Recy cling Activities”

8.10 Did your facility engage in any source reduction activities (newly implemented and/or ongoing) for this chemical during the reporting year? If so, complete the following section; if not, check NA.

Form Revisions: Section 8 enhancements (see also below)

 Question changed from “Did your facility enga ge in any source reducti on activities for this chemical during the reporting year?. If not enter NA” in Section 8.10.1 and answer Section 8.11.” to “Did your facility engage in any s ource reduction activities (newly implemented and/or ongoing) for this chemical during the re porting year? If so, complete the following section, if not, check NA.”

 An “NA” box has been included to match associated text revisions (above) in 8.10.

 A column asking “Is activity new? (Yes/No)” has been included.

Instruction Revisions: See underlined text which follows

Section 8.10 must be completed if a source reduction activity was ne wly implem ented specificly (in wh ole or in part) your facility is currently implementing any source reduction activities (in whole or in part) for the reported EPCRA Secti on 313 chemical during the reporting year. If your

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### FR Notice 2/08/11 68 facility did not engage in any source reduction activity fo r the reported EPCRA Section 313 chemical, enter check the NA box in Section 8.10 . If your facility engaged in any source reduction activity for the reported EPCRA Section 313 chemical during the reporting y ear, report the activity or activities that were implemented in 8.10.1 th rough 8.10.4. Source reduction activity codes must

be entered in the first column. See more detail ed information about these codes in the reporting

instructions section below title d, “Source Reduction Activities.” Include both activities which were newly implemented during the reporting year , as well as those th at are ongoing activities from the previous reporting year. An activity is considered newly implemented if it went into effect during this reporting year . All reported source reduction ac tivities should only include those which are currently implemented.

Section 8.11 If you wish to submit additional op tional information on source reduction, recycling, or pollution control activities, provide it here.

Form Revisions: Section 8 enhancements

 Removed the “Yes” box and enlarged the text box for the questi on on optional Pollution Prevention information; question has changed from “If you wish to submit additional optional information on source reduction, recyc ling, or pollution control activities, check “Yes” to “If you wish to submit additional optional information on source reduction, recycling, or pollution control activ ities, provide it here.”

Instruction Revisions:

 Section Heading has changed from “Is Additional Optional Information on Source Reduction, Recycling, or Pollution Control Activ ities Included with this Report?” to “Disposal of other releases, source reduction, and recycling activities.”

 Text regarding mailing instructions as been removed and substituted with the following.

Check “Yes” for this data element . If you wish to submit any additional optional information on source reduction, recycling, or pollution control ac tivities you have implemented in the reporting year or in prior years for the reported EPCRA Section 313 chemical , you may provide a description in the box supplied on Form R. If you are using TRI-MEweb to submit your report, you can use the pull-down text box feature to describe your source re duction, recycling, or pollution control activities

. You may submit such additional information in hard

- copy in addition to, or instead of, the information supplied in TRI

- MEweb text box feature. If you wish to submit by regular mail, please use the following address:

TRI Reporting Center

P.O. Box 10163

Fairf ax, VA 22038

To submit hard

- copy information for section 8.11 by certifi ed or overnight mail, use the following

address:

CGI Federal, Inc.

### ICR 1 st 

### FR Notice 2/08/11 69 c/o EPA Reporting Center

12601 Fair Lakes Circle Fairfax, VA 22033

All information submitted in hard

- copy must inc lude the name, address, and TRIFD number for the facility submitting the information.

If there is a contact person at the f acility other than the technical or public cont act provided in Part I, Section 4, the summary page s hould include that person’s name and telephone number for

individuals who wish to obtain further informati on about those activities. Also submit a copy of this additional information to the appropriate stat e agency as part of the Form R submittal to that

agency.

While EPA welcomes submissions about recycling and pollution control activities, the Agency is most interested in collecting in formation about innovativ e and effective source reduction activities. In addition, the Agency wishes to encourage reporters to prov ide enough detailed information

about their most effective source reduction activiti es to spur other facilities to adopt similar practices, as well as to inform the public about such activities being implemented in their

communities.

Section 9. Miscellaneous Information

9.1 Miscellaneous, Optional, and Addition al Information for your Form R Report

Form Revisions: Added new question. “If you wish to submit any miscellaneous, additional, optional information regarding your Fo rm R submission, provide it here.”

Instruction Revisions: The following instruc tions have been added for this new question.

Your facility may provide additional informati on pertaining to any portion of your Form R submissions in the box provided on the hard-copy fo rm, or in the drop-down text box provided in

TRI-MEweb . Your submissions to Section 9.1 rega rding miscellaneous, additional, optional information may provide the Agency and/or the p ublic with useful data that helps explain why your facility submitted data in one or more data el ements that might appear unusual or inconsistent with previous TRI Form R submissions or with other data supplied by you r facility during this reporting year. Examples include relatively large changes in quan tities reported, pr oduction levels and/or facility closings. Such additional data may help EPA reduce the need for additional data quality control, as well as additional TRI-re lated enforcement and compliance efforts.

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### FR Notice 2/08/11 70

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### FR Notice 2/08/11 71 APPENDIX C

INFORMATION SOURCES CONTAINI NG DATA SUBSETS, BUT NOT

COMPREHENSIVELY COMPARABLE AL TERNATIVES TO TRI DATAICR 1stFR Notice 2/08/1172Appendix CInformation Sources Containing Data Subsets, but not Comprehensively Comparable Alternatives to TRI Data(TRI Included for Comparison)DescriptionChemicalCoverageIndustry/FacilityCoverageReportingFrequencyPublic AccessTRI DATAEPCRA §313requires facilities to submitreports on disposal and releases of particulartoxic chemicals exceeding a given threshold.The reports provide information on thequantity of chemical released into theenvironment, to which medium (air, land,water) the chemical was disposed, as well asinformation about waste management andthe amount of chemicals stored on-site.TRI containsinformation onreleases, transfers,and pollutionprevention activitiesfor 593 individuallylisted chemicals and30 chemicalcategories—totalingto 682 toxicchemicals. Of thesechemicals, 183 areclassified ashazardous airpollutants (HAPs).NAICS codescorresponding to SICcodes 20-39, as well as10; 12; 4911, 4931, and4939; 4953; 5169; 5171;and 7389.A facility need onlyreport if it has 10 moreFull TimeEquivalents(FTEs)AnnualEPA compiles the TRI data andmakes them available throughseveral data access tools, includingthe TRI Explorer and Envirofacts.Other organizations also make thedata available to the public throughtheir own data access tools.AIR EMISSIONS (SECTIONS 5.1 AND 5.2)National Emissions Inventory (NEI)NEI provides estimates of man-madepollutant emissions from stationary sources,as well as area sources and mobile sources.These estimates, submitted to EPA bydelegated authorities (state or county),electric utilities, and/or generated by EPA6 CAPs and 189HAPsNo NAICS limitationsTriennialMS Access database files can bedownloaded fromEPA’s Web site.ICR 1stFR Notice 2/08/1173DescriptionChemicalCoverageIndustry/FacilityCoverageReportingFrequencyPublic Accessfrom various sources, differ in themethodology used.Air Facility System (AFS)AFS contains compliance and permit data forstationary sources ofair pollution regulatedby U.S. EPA, and state and local airpollution agencies.N/ANo NAICS limitationsAnnualCan be accessed through EPA dataaccess tools, Envirofacts or theEnforcement and ComplianceHistory Online (ECHO) database,on a facility-by-facility basis.State Air Emissions InventoriesSeveral states and regional agenciesmaintain their own air emissions inventories.However, the amount of data as well as thetypes of data elements collected vary widelyfrom state to state.Varies widely (e.g.,the California AirResources Boardmaintains its ownlist of approx. 400toxic air pollutants)Varies, but states oftendevelop their own toxicsinventories due to theirspecific needs.VariesMost of these data are submitted toNEI, and some are available on theWeb on a state-by-state basis.Title V Part 70 Operating PermitsUnder the 1990 Clean Air Act Amendments,facilities designated as "major sources" andfacilities otherwise subject to§112 and TitleV must apply for a Title V Part 70 OperatingPermit. As part of the application for a TitleV permit, some facilities may have to reportemissions of air toxics.189 HAPsNo NAICS limitationsAt the time ofpermitapplication,renewal, andmodification—permits aretypically renewedevery 5 yearsNo central repository for theinformation.DIRECT DISCHARGES TO WATER (SECTION 5.3)Permit Compliance System (PCS)PCS is a national information managementsystem that tracks implementation of theNational Pollutant Discharge EliminationSystem (NPDES) program, authorized bythe Clean Water Act. PCS tracks permitissuance, permit limits, self-monitoring data,Monitoring data formajor dischargersincludes onlychemicals for whicha monitoringrequirement hasNo NAICS limitationsMajor permitteesmust submitDischargeMonitoringReports (DMRs)monthly orCan be accessed through EPA dataaccess tools, Envirofacts, ECHO,or the Integrated ComplianceInformation System ICIS-NDPES,on a facility-by-facility basis.ICR 1stFR Notice 2/08/1174DescriptionChemicalCoverageIndustry/FacilityCoverageReportingFrequencyPublic Accesscompliance data and other data pertaining tofacilities regulated under NPDES. PCS hasbeen modernized to the IntegratedCompliance Information System(ICIS)asICIS-NPDES.been set in thepermit—a facility'srecord may notinclude allpollutants actuallydischargedquarterly; nonmajor permitteesmust submit atleast annuallyUNDERGROUND INJECTION AND LAND DISPOSAL ON-SITE (SECTIONS 5.4 AND 5.5)RCRA Biennial ReportsSection 3002(a)(6) of the ResourceConservation and Recovery Act (RCRA)requires EPA to develop a program forhazardous waste generators to report thenature, quantities, and disposition ofhazardous waste generated at least onceevery two years. In addition, section3004(a)(2) of RCRA requires treatment,storage and disposal facilities (TSDFs) tosubmit a report on the wastes that theyreceive from off-site. The biennialHazardous Waste Report (also known as the“Biennial Report”) was implemented in1985 to comply with these requirements.The Biennial Report form (8700-13A/B)must be submitted to the authorized stateagency or the EPA Regional Office byMarch 1st of every even-numbered year.The form includes information such as thefacility's RCRA ID number, the nameand address of the facility, the quantity ofhazardous waste sent to each TSDF inthe United States and the manner in whichthe waste was treated duringthe previousyear.Biennial Reportscontain data onhazardous wastes asdefined by RCRAand reported bywaste codes – notall of which mapdirectly to a single,unique chemical.No NAICS limitations;however, certain wastecategories are excluded(e.g., mining andagriculture)BiennialCan be accessed through EPA dataaccess tools, Envirofacts, orRCRAInfo, on a facility-by-facilitybasis.ICR 1stFR Notice 2/08/1175DescriptionChemicalCoverageIndustry/FacilityCoverageReportingFrequencyPublic AccessDISCHARGES TO A POTW (SECTION 6.1)RCRA Biennial Reports (BR)Biennial Reports require some reporting ofdischarges to POTWs. (See above for moredetails.)See aboveSee aboveSee aboveSee abovePermit Compliance System (PCS)PCS allows for reporting of indirectdischarges to water. (See above for moredetails.)See aboveSee aboveSee aboveSee aboveTRANSFERS TO OTHER OFF-SITE LOCATIONS (SECTION 6.2)RCRA Biennial Reports (BR)Biennial Reports contain hazardous wastedata from large quantity generators andTSDFs. Biennial Reports also requirereporting of off-site transfers on Form GM.Information includes the RCFA ID of thefacility to which the waste was shipped, theprocesses used to treat, recycle, or dispose ofthe waste at the off-site facility, the off-siteavailability code, and the total quantity ofwaste shipped during the report year. Thereports also provide data on the volume ofhazardous waste shipped off-site for landdisposal, a release end-point of relevance toTRI. (See above for more details.)See aboveSee aboveSee aboveSee aboveCHEMICAL STORAGE AND INVENTORY DATA (SECTION 4.1)EPCRA§312 Tier I and II ReportsEPCRA§312 requires that states establishplans for local chemical emergencypreparedness and that inventory informationon hazardous chemicals be reported byHazardous orextremelyhazardoussubstancesNo NAICS exemptionsfor facilities that arecovered under thereporting thresholdAnnualOn a facility-by-facility basis, byforwarding a written request.ICR 1stFR Notice 2/08/1176DescriptionChemicalCoverageIndustry/FacilityCoverageReportingFrequencyPublic Accessfacilities to state and local authorities.(essentially anysubstance that posesa health or physicalhazard)requirements, butfacilities not includedunder OSHA’s HazardCommunicationStatndard (e.g., mines) donot have to fileRisk Management Plan (RMP)Under the authority of section 112(r) of theClean Air Act, theChemical AccidentPrevention Provisionsrequire facilities thatproduce, handle, process, distribute, orstorecertain chemicals to develop a RiskManagement Program, prepare a RiskManagement Plan (RMP), and submit theRMP to EPA. Covered facilities wereinitially required to comply with the rule in1999, and the rule has been amended onseveral occasions since then, most recentlyin 2004. These plans include informationabout chemical amounts stored or processedat RMP facilities.Certain flammableand toxic substancesNo NAICS limitationsAt least everyfive years, orwithin six monthsof an incidentRestricted access: RMPinformation may be accessed viathe Federal Reading RoomsPOLLUTION PREVENTION DATA (SECTIONS 8.1-8.7)RCRA Biennial Reports (BR)Biennial Reports contain pollutionprevention information on hazardous wastefrom large quantity generators and TSDFs.Data are collected primarily by states, andare collated by EPA. (See above for moredetails.)See aboveSee aboveSee aboveSee aboveState Environmental Agency DatabasesAt least two states, New Jersey andMassachusetts, have passed laws to collectpollution prevention data on materialsInclude more industriesthan TRIAnnualAt this time, there is no centralsource for state collected pollutionprevention data. Individual statesICR 1stFR Notice 2/08/1177DescriptionChemicalCoverageIndustry/FacilityCoverageReportingFrequencyPublic Accessaccounting that exceed that found in Section8 of Form R. Several other states may alsorequire certain TRI filers (based on chemicalthresholds and industry sector) to submitannual P2 plans with their TRI reports.may make plans available to thepublic.EMERGENCY RELEASE DATA (SECTION 8.8)National Response Center (NRC)NRC collects real-time information aboutvirtually all oil and chemical spillsthroughout the United States to identifyspills for which to coordinate emergencyresponse.Oils and chemicalsNo source exemptionsReal-timeHistorical information about spillscan be retrieved through the NRConline query system:Http://www.nrc.uscg.mil/foia.html.STATE RIGHT-TO-KNOW PROGRAMSSeveral states require expanded state TRIreporting to include industries/facilities notcovered by TRI or to report releaseinformation beyond that required by thefederal TRI Program (e.g., Arizona,Massachusetts, Minnesota, and Wisconsin).Varies by state, butoften identical toTRIVaries, but may includemore industries than TRIAnnualNo central repository for theinformation. Accessibility variesby state.

### ICR 1 st 

### FR Notice 2/08/11 78 Appendix C References:

Abt Associates, “Comparison of Toxics Releas e Inventory and the Permit Compliance System,” (2005).

Abt Associates, “Comparison of Toxics Re lease Inventory and the National Emissions Inventory,” (2005): 6.

Arizona Department of Environmental Quality. Waste Programs Division : Pollution Prevention: Toxic Release Inventory. http://www.azdeq.gov/environ/waste/p2/tri.html

Great Lakes Information Network, 1996. "Reg ional Air Pollutant Inventory Development System," Information from Great Lakes Information Network Web site: http://www.glc.org/project s/air/rapids/rapids.htm l http://www.glc.org

.

ICF Incorporated, 1993. Data Gaps and Redundancies in Poll ution Prevention Reporting; A Compendium of Memoranda. Prepared for U.S. EPA, Office of Prevention, Pesticides, and Toxics, Pollution Prevention Division.

Massachusetts Toxics Use Reduc tion Institute, 1994. Toxics Use Reduction: Fact Sheet 1. Lowell, MA: University of Massachusetts Lowell. February.

Massachusetts Department of Environmental Pr otection, 1993. An Overview of the Toxics Use Reduction Act. Prepared by Manik Roy. February.

Massachusetts Department of Environmental Protection. Toxics and Hazards: Toxics Use

Reduction Act. http://www.mass.gov/dep/toxics/toxicsus.htm

Minnesota Pollution Control Agency. Chemicals in Communities: Public Data and Evaluation. http://www.pca.state.mn.us/index.php/topics/p reventing-waste-and-pollution/p2-pollutionprevention/reducing-toxicity/c hemicals-in-communities.html

Seitz, John S., Director OAQPS, 1995. Memorandum: "Title V Permitting for Non-major Sources in Recent §112 Maximum Achievable Contro l Technology (MACT) Standards, " May 16, 1995.

U.S. EPA, 1991. 1991 Hazardous Waste Report: In structions and Forms. EPA Form 8700- 13A/B (5-80) revised 8-91.

U.S. EPA, 1994. "National Analysis: The Bi ennial RCRA Hazardous Waste Report (Based on 1991 Data)." September 1994.

U.S. EPA, 1995a. Information from the AIRS AFS Home Page: http://www.epa.gov/docs/airs/afs.html).

### ICR 1 st 

### FR Notice 2/08/11 79 U.S. EPA, 1995e. "User's Guide to Federal A ccidental Release Databa ses," Office of Solid Waste and Emergency Response, September 1995.

U.S. EPA, 2002. RMP National Database overview, October 2002. http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/RMPoverview.htm

.

U.S. EPA, 2003. “National Analysis: The Na tional Biennial RCRA Hazardous Waste Report (Based On 2003 Data)" http://www.epa.gov/epaoswer/hazwaste/data/br03/

.

U.S. EPA, 2006. "Phase III: Data Proxies for the Toxics Release Inve ntory (TRI)," January

2006.

Wisconsin Department of Natural Resources. Toxics Release Invent ory (SARA Form R) Reporting. http://dnr.wi.gov/air/emission/crs/crs_help_tri.htm

### ICR 1 st 

### FR Notice 2/08/11 80

### ICR 1 st 

### FR Notice 2/08/11 81 APPENDIX D

TRI CONSULTATION MEETINGS

### ICR 1 st 

### FR Notice 2/08/11 82 Appendix D: TRI Consultation Meetings

TRI National Training Conference

March 2009

Attendees Included:

Kentucky Department of Environmental Protection Kansas Department of Health & Environment North Carolina Crime Control and Public Safety Maine Emergency Management Agency New Mexico Department of Homeland Security and Emergency Management Commission for Environmental Cooperation National Library of Medicine Small Business Administration (SBA)

Chevron

Lockheed Martin Potomac-Hudson Engineering, Inc.

IW Financial

Grassroots Connection

U.S. DOE University of Colorado – Denver

OMB Watch

December 10, 2009 Stakeholder Briefing on 2008 TRI National Analysis

Attendees:

OMB Watch

American Iron & Steel Institute

ACCI

IPC National Mining Association

American Petroleum Institute

SBA

February 16, 2010 Industry Perspectives on Improving the TRI Database

Attendees:

Nucor Corp

SSAB

### ICR 1 st 

### FR Notice 2/08/11 83 United States Steel Corporation

American Iron & Steel Institute Heritage Environmental

SBA

March 23, 2010 Metal Mining Rulemaking – Stakeholder Meeting

Attendees Included:

Earthworks Pew Environmental Group

OMB Watch

June 23, 2010 Conference Call on TRI, Metal Mini ng, and Environmental Justice Participants Included:

OMB Watch Western Organization of Resource Councils

Earthworks

Great Basin Resource Watch

October 2009, June 2010 Online Metal Mining Stakeholder Discussion Forum

Commenters Included:

OMB Watch Idaho Conservation League Texas A&M University

Southeast Alaska Conservation Council

Earthworks Center for Science in Public Participation

Rock Creek Alliance

### ICR 1 st 

### FR Notice 2/08/11 84

### ICR 1 st 

### FR Notice 2/08/11 85 APPENDIX E FACILITIES REQUIRED TO REPORT TO TRI (NAICS)

### ICR 1 st 

### FR Notice 2/08/11 86 Table E-1 Facilities Required to Report to TRI (NAICS) (Corresponding to SIC codes 20 through 39)

Subsector

or Industry

Code Exceptions and/or Limitations

113310

221330 Limited to facilities engaged in providing combinations of electric, gas, and other services not classified elsewhere (NEC) (previously classified under SIC 4939, Combina tion Utility Services Not Elsewhere Classified);

311 Except 311119 - Exception is limited to facilities primarily engaged in Custom Grain Grinding for Animal Feed (previously classified under SIC 0723, Crop Prepara tion Services for Market, Except Cotton Ginning);

Except 311330 - Exception is limited to facilities primarily enga ged in the retail sale of candy, nuts, popcorn and other confections not for immediate consumption made on the premises (previously classified under SIC 5441, Candy, Nut, and Confectionery Stores);

Except 311340 - Exception is limited to facilities primarily enga ged in the retail sale of candy, nuts, popcorn and other confections not for immediate consumption made on the premises (previously classified under SIC 5441, Candy, Nut, and Confectionery Stores);

Except 311811 - Retail Bakeries (previously cl assified under SIC 5461, Retail Bakeries);

Except 311611 - Exception is limited to facilities primarily engaged in Custom Slaughtering for individuals (previously classified under SIC 0751, Livestock Services, Except Ve terinary, Slaughtering, custom: for individuals);

Except 311612 - Exception is limited to f acilities primarily engaged in the cutti ng up and resale of purchased fresh carcasses for the trade (including boxed beef) (previously classified under SIC 5147, Meats and Meat Products);

312 Except 312112 - Exception is limited to facilities primarily engaged in bottling mineral or spirit water (previously classified under SIC 5149, Groceries and Related Products, NEC);

Except 312229 - Exception is limited to facilities primarily engaged in providing Tobacco Sheeting Services (previously classified under SIC 7389, Business Services, NEC);

313 Except 313311 - Exception is limited to facilities primarily engaged in converting broa d woven piece goods and broad woven textiles (previously classified under SIC 5131, Pi ece Goods Notions, and Other Dry Goods, broad woven and non-broad woven piece good converters), and facilities pr imarily engaged in sponging fabric for tailors and dressmakers (previously classified under SIC 7389, Business Services, NEC (Sponging fabric for tailors and dressmakers));

Except 313312 - Exception is limited to facilities primarily engaged in conver ting narrow woven textiles, and narrow woven piece goods (previously classified under SIC 5131, Piece Goods Notions, and Other Dry Goods, converters, except broad woven fabric);

314 Except 314121 - Exception is limited to facilities primarily engaged in making custom drapery for retail sale (previously classified under SIC 5714, Drap ery, Curtain, and Upholstery Stores);

Except 314129 - Exception is limited to f acilities primarily engaged in making custom slipcovers for retail sale (previously classified under SIC 5714, Draper y, Curtain, and Upholstery Stores);

Except 314999 - Exception is limited to facilities primarily enga ged in binding carpets and rugs for the trade, carpet cutting and binding, and embroidering on te xtile products (except apparel) for th e trade (previously classified under SIC 7389, Business Services Not Elsewhere Classified, Embr oidering of advertising on shirts and Rug binding for the trade);

315 Except 315222 - Exception is limited to custom tailors prim arily engaged in making and selling men's and boys' suits, cut and sewn from purchased fabric (previously classified under SIC 5699, Miscellaneous Apparel and Accessory Stores (custom tailors));

Except 315223 - Exception is limited to custom tailors prim arily engaged in making and selling men's and boys' dress shirts, cut and sewn from purchased fabric (previously classified under SIC 5699, Miscellaneous Apparel and Accessory Stores (custom tailors));

Except 315233 - Exception is limited to custom tailors prim arily engaged in making and selling bridal dresses or gowns, or women's, misses' and girls' dr esses cut and sewn from purchased fabric (except apparel contractors) (custom dressmakers) (previously classified under SIC Code 5699, Miscellaneous Apparel and Accessory Stores);

316

321

### ICR 1 st 

### FR Notice 2/08/11 87 322

323 Except 323114 - Exception is limited to facilities primarily engaged in reproducing text, drawings, plans, maps, or other copy, by blueprinting, photocopying, mimeographing, or other methods of duplication other than printing or microfilming (i.e., instant printing) (previously classified under SIC 7334, Photocopyi ng and Duplicating Services (instant printing));

324

325 Except 325998 - Exception is limited to facilities primarily e ngaged in aerosol can filling on a job order or contract basis (previously classified under SIC 7389, Busi ness Services, NEC (aerosol packaging));

326 Except 326212 - Tire Retreading (previously classifi ed under SIC 7534, Tire Retreading and Repair Shops (rebuilding));

327 Except 327112 - Exception is limited to facilities primar ily engaged in manufacturing and selling pottery on site (previously classified under SIC 5719, Mi scellaneous Homefurnishing Stores);

331

332

333

334 Except 334611 - Exception is limited to software repro ducing (previously classified under SIC 7372, Prepackaged Software, (reproduction of software));

Except 334612 - Exception is limited to facilities primarily engaged in mass repr oducing pre-recorded Video cassettes, and mass reproducing Video tape or disk (previously classified under SIC 7819, Services Allied to Motion Picture Production (reproduction of Video));

335 Except 335312 - Exception is limited to facilities primar ily engaged in armature rewinding on a factory basis (previously classified under SIC 7694 (Armat ure Rewinding Shops (remanufacturing));

336

337 Except 337110 - Exception is limited to facilities primarily engaged in the retail sale of household furniture and facilities that manufacture custom wood kitchen cabinets and counter tops (previously classified under SIC 5712, Furniture Stores (custom wood cabinets));

Except 337121 - Exception is limited to facilities primarily engaged in the re tail sale of household furniture and facilities that manufacture custom made upholstered hou sehold furniture (previously classified under SIC 5712, Furniture Stores (upholstered, custom made furniture));

Except 337122 - Exception is limited to facilities primarily engaged in the re tail sale of household furniture and facilities that manufacture nonupholstered, household type, cu stom wood furniture (previously classified under SIC 5712, Furniture Stores (custom made wood nonupholstered household furniture except cabinets));

339 Except 339113 – Exception is limited to facilities primarily engaged in manufacturi ng orthopedic devices to prescription in a retail environment (previously cla ssified under SIC 5999 Miscellaneous retail stores, NEC);

Except 339115 - Exception is limited to lens grinding facilitie s that are primarily engaged in the retail sale of eyeglasses and contact lenses to pres cription for individuals (previously cl assified under SIC 5995, Optical Goods Stores (optical laboratories grinding of lenses to prescription));

Except 339116 - Dental Laboratories (previously cl assified under SIC 8072, Dental Laboratories);

111998 Limited to facilities primarily engaged in reducing maple sap to maple syrup (previously classified under SIC 2099, Food Preparations, NEC, Reducing Maple Sap to Maple Syrup);

211112 Limited to facilities that recover sulfur from natural gas (previously classified unde r SIC 2819, Industrial Inorganic Chemicals, NEC (recovering sulfur from natural gas));

212324 Limited to facilities operating without a mi ne or quarry and that are primarily engaged in benefi ciating kaolin and clay (previously classified under SIC 3295, Minerals and Ea rths, Ground or Otherwise Treated (grinding, washing, separating, etc. of minerals in SIC 1455));

212325 Limited to facilities operating withou t a mine or quarry and that are primar ily engaged in beneficiating clay and ceramic and refractory minerals (previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated (grinding, washing, separating, etc. of minerals in SIC 1459));

212393 Limited to facilities operating without a mine or quarry and that are primarily engaged in beneficiating chemical or fertilizer mineral raw materials (previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated (grinding, washing, separating, etc. of minerals in SIC 1479));

212399 Limited to facilities operating withou t a mine or quarry and that are primar ily engaged in beneficiating nonmetallic minerals (previously classified under SIC 3295, Minerals a nd Earths, Ground or Otherwise Treated (grinding, washing, separating, etc. of minerals in SIC 1499));

488390 Limited to facilities that are primar ily engaged in providing rou tine repair and maintenance of ships and boats from floating drydocks (previously classified under SIC 3731, Shipbuilding and Repairi ng (floating drydocks not associated

### ICR 1 st 

### FR Notice 2/08/11 88 with a shipyard));

511110

511120

511130

511140 Except facilities that are primarily engaged in furnishing services for direct mail advertising including address list compilers, address list publishers, address list publishers and printing combined, address list publishing, business directory publishers, catalog of collections publishers, catal og of collections publishers and printing combined, mailing list compilers, directory compilers, and mailing list compiling services (previously classified under SIC 7331, Direct Mail Advertising Services (mailing list compilers));

511191

511199

512220

512230 Except facilities primarily engaged in music copyright authoriz ing use, music copyright buying and licensing, and music publishers working on their own account (previously classified under SIC 8999, Services, NEC (music publishing));

519130 Limited to facilities primarily engaged in Internet newspaper publishing (previously classified under SIC 2711, Newspapers: Publishing, or Publishing and Printing), Internet periodical pub lishing (previously classified under SIC 2721, Periodicals: Publishing, or Publishing and Printing), Internet book publishing (previously classified under SIC 2731, Books: Publishing, or Publishing and Printing), mis cellaneous Internet publishing (previously classified under SIC 2741, Miscellaneous Publishing), Internet greeting card publishers (previously classified under SIC 2771, Greeting Cards);

541712 Limited to facilities that are primarily engaged in guide d missile and space vehicle engine research and development (previously classified under SIC 3764, Guided Missile a nd Space Vehicle Propulsion Units and Propulsion Unit Parts), and in guided missile and space vehicle parts (except engine s) research and development (previously classified under SIC 3769, Guided Missile and Space Vehicle Parts and A uxiliary Equipment, Not Elsewhere Classified);

811490 Limited to facilities that are primarily engaged in repa iring and servicing pleasure and sail boats without retailing ne w boats (previously classified under SIC 3732, Boat Building and Repairing (pleasure boat building));



### Table E-2 Facilities Required to Report to TRI (NAICS) (Corresponding to SIC codes oth er than SIC codes 20 through 39)

Subsector or Industry

Code Exceptions and/or Limitations

212111

212112

212113

212221

212222

212231

212234

212299

221111 Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.

221112 Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.

221113 Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.

221119 Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.

221121 Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.

221122 Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.

424690

424710

425110 Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified.

425120 Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified.

562112 Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified u nder SIC 7389, Business Services, NEC);

### ICR 1 st 

### FR Notice 2/08/11 89 562211 Limited to facilities regulated under the Resource C onservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq

.
562212 Limited to facilities regulated under the Resource C onservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq

.
562213 Limited to facilities regulated under the Resource C onservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq

.
562219 Limited to facilities regulated under the Resource C onservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq

.
562920 Limited to facilities regulated under the Resource C onservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq

.