ICR 2 nd FR Notice 5/11/11 1 

### TOXICS RELEASE INVENTORY

TRI FORM R AND FORM A

TOXIC CHEMICAL RELEASE REPORTING

INFORMATION COLLECTION REQUEST

SUPPORTING STATEMENT

OMB CONTROL NO. 2025

- 00 09

EPA ICR # 1363. 2 1

May 11

, 201 1

1 IDENTIFICATION OF THE INFORMATION COLLECTION

................................ .............. 3
1(a) Title 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/Users of the Data

................................ ................................ ..................... 7

3 NONDUPLICATION, CONSULTATIONS, OTHER COLLECTION CRITERIA

.................. 8
3(a) Nonduplication

................................ ................................ ................................ ................... 8
3(b) Public Notice Required Prior to ICR Submission to OMB

................................ ............... 1 3
3(c) Consultations

................................ ................................ ................................ .................... 1 3 3(d) Effects of Less Frequent Collection

................................ ................................ ................... 1 3
3(e) General Guidelines

................................ ................................ ................................ ............... 1 4 3(f) Confidenti ality

................................ ................................ ................................ .................. 1 4 3(g) Sensitive Questions

................................ ................................ ................................ ........... 1 5

4 THE RESPONDENTS AND THE INFORMATION REQUESTED

................................ ..... 1 5 4(a) Respondents/NAICS Codes

................................ ................................ ............................... 1 5 4(b) Information Requested

................................ ................................ ................................ ...... 1 5

5 THE INFORMATION COLLECTED

— AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

................................ .............. 1 9
5(a ) Agency Activities

................................ ................................ ................................ ............. 1 9
5(b) Collection Methodology and Management

................................ ................................ ......... 2 2 5(c) Small Entity Flexibility

................................ ................................ ................................ ..... 2 2
5(d) Collection Schedule

................................ ................................ ................................ .......... 23

6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION

................................ .. 2 3
6(a) Estimating Respondent Burden

................................ ................................ ........................ 2 5 6(b) Estimating Respondent Costs

................................ ................................ ........................... 34ICR 2 nd FR Notice 5/11/11 2 6(c) Estimating Agency Burden and Cost

................................ ................................ ................ 3 6 6(d) Estimating the Respondent Universe and Total Burden and Costs

................................ ...... 37 6(e) Bottom Line Burden Hours and Cost Tables

................................ ................................ ..... 39
6(f) Reasons for Change in Burden

................................ ................................ ......................... 4 1
6(g) Burden Statement

................................ ................................ ................................ ............ 4 4

APPENDICES

Appendix A: Blank Form R , Form A, and F orm R Schedule 1 Appendix B: Reporting Form Instructions Associated with Form Changes Appendix C : Information Sources Containing Data Subsets, but not Comprehensively Comparable

Alternatives to TRI Appendix D : TRI Consultation Meetings Appendix E : Facili ties Required to Report to TRI (NAICS)ICR 2 nd FR Notice 5/11/11 3 1 IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

TITLE: Toxics Release Inventory (TRI) Form R and Form A Toxic

Chemical Release Reporting, Recordkeeping, Supplier Notification and Petitions under Section 313 of the Emergency Planning and Community Right

- to

- Know Act

EPA ICR No.: 1363.2 1

OMB Control No.: 20 25

- 00 0 9

1(b) Short Characterization/Abstract

This Information Collection Request (ICR) is for the information collection requirements associated with EPA’s Toxics Release Inventory (TRI) Program. Pursuant to section 313 of
EPCRA, certain facilities that manufacture, process, or otherwise use specifie d toxic chemicals in amounts above reporting threshold levels must submit annually to EPA and to designated State officials toxic chemical release forms containing informat ion specified by EPA. 42 U.S.C. 11023. In addition, pursuant to section 6607 of the Pollution Prevention Act (PPA), facilities reporting under section 313 of EPCRA must also report pollution prevention and waste management data, including recycling information , for such chemicals. 42 U.S.C. 13106. 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 reporting 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 ICRs : 1) EPA ICR No. 1363.2 0 , OMB Control No. 2025

- 0009 (TRI Form R) and 2) EPA ICR No. 1704.1 2 , OMB Control No. 2025

- 0010 for Form A

. In this ICR Renewal, EPA is transitioning from issuing two separate ICRs to issuing a single ICR

— EPA ICR No. 1363.21, OMB Control No. 2025

- 0009 t hat encompasses both Form R and Form A

. Additionally, in this Renewal, EPA is proposing revisions to the Form R and Form A to

1 Certain sectors are subject to TRI reporting. For a complete listing of the North 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 Certificat ion Statement confirming that the sum of amounts of the chemical in

releases and waste does not exceed the appropriate Non

- PBT release and waste 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.ICR 2 nd FR Notice 5/11/11 4 standardize responses and enhance data utility. More specifically, the proposed changes to the forms and TRI Reporting Forms and Instructions (RFI) are : 4

Re place the NA box in the Parent Company field with ―No U.S. Parent Company (for TRI Reporting purposes) ‖ check box ( Form R/A

- Part I: S ec. 5, 5.1) Disaggregate the ― Total Transfers ‖ field and add fields to identify the c hemical discharge quantities to specific publicly owned treatment works (POTWs) ( Form R

- Part II: Sec. 6.1)

Section 8 Enhancements:

o Change instructional statement on f orm to specify only ―newly implemented ‖

source reduction activities (Form R

- Part II: Sec. 8.10)

o Add an ―NA‖ box to match associated text revisions (Form R

- Part II: Sec. 8.10)

o Remov e Yes box and enlarge the text section for the question on optional p ollut ion

p revention information (Form R

- Part II: Sec. 8. 11 )

A dd a new question to capture miscellaneous 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, processes, and makes available to the public all of the information collected. The information gathered under these authoritie s is stored in a database maintained at EPA and is available through the Internet. EPA; other federal, state, and local government agencies; industry; and the public use TRI extensively. Program offices within EPA and other government agencies have used TR I, along with other sources of data, to establish priorities, evaluate potential exposure scenarios, and conduct enforcement activities. Industries use TRI data to identify pollution prevention opportunities and set goals for emissions reductions.

Environm ental 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 Guidelines t o 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

- wide quality system helps ensure that EPA organizations maximize the quality of information disseminated by the Agency. The quality system is documented in EPA

Order 5360.1 A2, Policy and Program Requirements for the Mandatory Agency

- wide Quality Sy stem and the EPA CIO Policy 2106.0 US Environmental Policy : Quality Policy Oct 2008

. An update d 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

intention that collection of information under this ICR will result in information that will be

4 For additional details, refer to Appendix A: Blank Form R, Form R Schedule 1, and Form A, an d 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.ICR 2 nd FR Notice 5/11/11 5 collected, maintained, and used in ways consistent with both E PA'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 faci lities on a yearly basis. With a centralized database and electronic data access tools, TRI provides a wide range of capabilities for a variety of users. Communities and governments can access 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 J uly 31, 20 11 . The ICR s approved at that time reflected a total program reporting burden projection of 76,986 responses, 3

. 7 2 million ho urs and $1 86 million for Form R

and Form A respondents

. In this ICR Renewal, the effect of the interim changes via rulemakings ( see Figure 2 on p. 43 for TRI Rulemaking and ICR Chronology ) , as well as other changes in

conditions that have gradually shift ed the number of Form R and/or Form A chemical reports downward are incorporated. EPA projects total respon ses, burden

, and cost of Form R and Form

A reporting at 73, 727 responses, 3.5 2 million hours and $ 174 .5 m illion

. Further , the TRI program is proposing to revise data elements and instructions for the reporting forms. The

revised data elements and instructions are estimated to have a negligible impact on f orm burden

.

The time required to complete all activities associated w ith Form R completion (rule familiarization, reporter compliance determination, calculations, form completion, and recordkeeping ) is estimated to average 35.70516 hours per F orm R (including all proposed form changes) . By comparison, th is 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

E PA’s TRI burden methodology, the alternate threshold 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 statutory requirement pursuan t 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 about releases of toxic chemicals to the environment; to assist governmental age ncies, researchers, and other persons in

6 The Office of Management and Budget publishes these guidelines in accordance wi th the Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity 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.ICR 2 nd FR Notice 5/11/11 6 the conduct of research and data gathering; to aid in the development of appropriate regulations, guidelines, and standards; and for other similar purposes."

Section 6602 of the PPA establishes a national policy th at pollution should be prevented or reduced at the source whenever feasible. To further this goal, EPA is to establish a source reduction program that collects and disseminates information, among other responsibilities. The information collected under §660 7 is intended to fulfill 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 mu st report on each listed chemical manufactured, processed or otherwise used in excess of the reporting thresholds established in EPCRA §313(f)(1). EPA established an alternate

threshold 7 under EPCRA §313(f)(2) for a category of facilities with low amounts of a listed toxic

chemical in wastes.

A facility that chooses to apply the alternate threshold submit s 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, although b oth f orm s address the statutory mandates and the public's right

- to

- know

, Form A allow s reg ulatory relief for facilities with lower amounts of

listed toxic chemicals in wastes. Table 1 summarizes the information collected by f orm.

Table 1

Form R and Form A Information Collection

Information Collected Form R Form A

L ocation of facilities manufacturing, processing 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 o f chemicals entering 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, source 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 important facility identification 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 substantial 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.ICR 2 nd FR Notice 5/11/11 7 general public receive a specific indication annually that a facility has a certain chemical;

however

, with the facility able to use t he alternate threshold

, reporting is less extensive.

2(b) Practical Utility/Users of the Data

The overall goal of the Toxic s Release Inven t 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 leve ls by industry, government, non

- governmental organizations, and the public. 8 The Program’s success is due, in large part, to the right

- to

- know provisions contained in the legislation. By requiring that the resulting data be made publicly available "by

elec tronic 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. Consequently, data collected under EPCRA §313 and PPA §6607 are made available through ac c ess tools such as EPA's Envirofacts

, TRI Explorer

, TRI.NET

, and the web

- enabled mobile myRTK. TRI now provide s the TRI P reliminary Data set
within weeks after the annual July 1 st TRI reporting deadline . 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 Explore r ) . The annual TRI National 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 public via electronic means, EPA also conducts

outr each activities to make key groups and the public aware of TRI. L ibraries in communities all across the United States (in particular, members of the Federal Depository Library Program) are committed to providing public access to TRI data

. TRI data are use d by environmental agencies, industry, and the public. EPA program offices use TRI data, along with other data, to help establish programmatic priorities, evaluate potential hazards to human health and the natural environment, and undertake appropriate re gulatory and/or enforcement activities. Environmental and public interest groups use the data to better understand toxic chemical releases at the community level and to work with industry, government agencies, and others to promote
reductions in toxic chem ical releases. Industrial facilities use the TRI data to evaluate the efficiency of their production processes and to help track and communicate their progress in achieving pollution prevention goals. S tates 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/ICR 2 nd FR Notice 5/11/11 8 3 NONDUPLIC ATION, CONSULTATIONS, OTHER COLLECTION CRITERIA

3(a) Nonduplication

The basic information 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, and source reduction and recycling activities, creating the possibil ity of overlap or duplication of reporting 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 reports. However, information re quired by these other statutes may not provide readily accessible multi

- media release and transfer, inventory, or pollution prevention data with the same scope, level of detail, chemical coverage, and frequency of collection as data currently included in T RI.

TRI contains information on releases, transfers, inventories, and pollution prevention activities for 593 individually listed chemicals and 30 chemical categories

— with total number of chemicals and chemical categories at 6 82. The recent rule adding 16 National Toxicology Program (NTP) chemicals (effective RY 2011) 9 increases the number of individually 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 ar e comparable to the whole of TRI; however, several existing

data sources contain media

- specific data on releases and transfers. In theory, information from these databases could be combined to form an analog of release and transfer data contained in TRI.

H owever, in practice, given the currently available data sources (see Table 2 in next section and Appendix C ), this substitution is extremely unlikely . 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 integration of data from various sources at the facility lev el. The following sections describe other sources of chemical releases and transfers, chemical inventory, and pollution prevention data.

Chemical Release and Transfer Data

Table 2 presents a summary of major databases containing release and transfer data that are

discussed in this section . Appendix 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.ICR 2 nd FR Notice 5/11/11 9 Table 2 Major Release and Transf er Databases

Data Source Media and Chemical Coverage Relevant Release

Statistics Available Ease of Database

Substitution for TRI Data a

National

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 chem icals 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 publicly owned

treatment works (POTWs). Many RCRA waste codes are

not specific to an individ ual 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) and hazardous air pollutants (HAPs). EPA is required to identify the sources of these pollutants, quantify the sources by category, develop regulations, and then assess public health and environmental impacts. To facilitate this process, two emissions inventor ies were created: the National Toxics Inventory (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 pollutants discharged on an annual basis and their

sources. NEI data are organized into four main categories: point sources (stationary), nonpoint sources (stationary), on

- road sources (mobile), and non

- road sources (mobile). The compilation

includes emiss ions estimates submitted by s tate, l ocal and t ribal air pollution control agencies, estimates calculated by EPA, and emissions obtained from other sources. It may include multiple emissions values for each pollutant. From the NEI, EPA creates the General Purpose Release, the publicly available emissio ns inventory that contains a single emission value for each pollutant at aICR 2 nd FR Notice 5/11/11 10 given source. EPA uses the NEI to track emissions trends over time, develop regional pollutant reduction strategies, set and analyze regulations, perform air toxics 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 period 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 i n the scope of NEI and TRI data, including the type and number of pollutants measured, the industrial sectors included in the inventory, 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 total number of chemicals and chemical categories

at 6 82

. The recent rule adding 16 NTP chemicals (effective RY 2011) increase s the number of individually listed chemicals by 12 (from 58 1 ) and adds 4 chemicals to the PAC category. To be included in TRI, a chemical must be known or reasonably anticipated to cause acute or chronic health effects or significant adverse environmenta l effects. NEI covers 5 C riteria Air Pollutants (C APs ) and 189 H azardous Air Pollutants (H APs ) , 183 of which are also covered by TRI. Among industrial sources of chemical releases, only manufacturing facilities, federal facilities, and seven

sectors added to the TRI P rogram in 1998 (metal mining, coal mining, fossil

- fuel fired electric utilities, chemical wholesale distributors, 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 construction sectors are all included in NEI, but not TRI. In addition to point

- source emissions estimates from industrial facilities, NEI includes

county

- level emissions estimates for area, mobile and other sources.

The sources included in TRI and NEI are further limited by various reporting thresholds. In addition to the sector criteria, a facilit y must report to TRI only if it has 10 or more full

- time employee equivalents and manufactures, processes or otherwise uses any TRI

- listed chemical in quantities greater than the established threshold. The most common reporting threshold quantities are 25, 000 pounds for manufactur ing and processing 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 inventory 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 combination 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. NE I focuses entirely on air emissions, but provides much more detailed emission

source

- specific data about releases, such as process descriptions, throughput and stack height. The different information captured by the data systems largely reflects the differ ent goals behind the development of the inventories. TRI’s main purpose is to provide the public with informationICR 2 nd FR Notice 5/11/11 11 about potential chemical hazards, whereas NEI was developed to produce data that would support modeling and risk assessment needs.

Water Disc harges

The Permit Compliance System (PCS) tracks the permit compliance and enforcement status of facilities that discharge to surface waters ( http://www.epa.gov/enviro/html/pcs ). For entities permit ted to discharge wastewater into navigable waters, PCS contains information on permit issuance and expiration dates, quantities the company is permitted to discharge, and the actual monitoring data showing what the company has discharged. PCS data are not dir ectly comparable to TRI data because PCS is a permit tracking system and not a loadings system. Thus, PCS typically contains data on monthly monitoring of pollutant concentrations and flow, and not total releases. Since monitoring required by the National Pollutant Discharge Elimination System (NPDES) covers 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 Disposal

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 disposition 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; o n

- and off

- site treatment, storage, and management; wastes received; and off

- site shipment recipients. Facilities submit t hese biennial Hazardous Waste Reports to the state or EPA Regional office . The biennial reports (BR) include one year’s data (e.g., 20 09 Biennial Report reflects data on waste management during 2009) and are stored centrally in EPA’s RCRAInfo system where they are available approximately two years after the covered year ( http://www.epa.gov/epaoswer/hazwaste/data/biennialreport/index.htm)

. Biennial Reporting System ( BRS) data do not duplicate the information 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 determined; (3) repor ting 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 contains inventory data, which make up a small portion of the total data. The most likely alternatives for TRI inventory data are the Tier I/II data 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 b road 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 surpasses the chemical inventory data requested on TRI Form R in terms

of the chemicals cov ered and level of detail. However, there are significant difficulties associatedICR 2 nd FR Notice 5/11/11 12 with public access of Tier I and Tier II data, including the lack of a nationally integrated database and restrictions on public access due to security concerns.

Under §112(r ) of the Clean Air Act, facilities with processes 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 the 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 regu lated substances at the facility, and information about the facility’s accident prevention 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 a nd update their filing at specified times, including following a significant accidental release. TRI data do not duplicate RMP data as: (1) RMP covers 54 of the TRI chemical and chemical compound categories, 10 (2) some RMP data are considered to be

c onfiden tial b usiness i nformation (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 collects pollut ion prevention data from reporting facilities. Pollution prevention data somewhat analogous to data in TRI can be found in

the Biennial Hazardous Waste Reports ( described above) and in databases for two states administered by their state environmental agen cies. While BR data provide qualitative and quantitative pollution prevention information, facility and/ or chemical coverage is not directly comparable to data required for TRI reporting. BR contains data on generation, transfer, and management of hazardou s wastes ; TRI reporting requires data on toxic chemicals i n waste streams or process by

- products ( all production phases and media )

. Furthermore, n o other federal ( or s tate ) program collects all of the pollution prevention data currently required by TRI.

In Appendix C , data elements available from several information sources are compared to those reported to TRI. The analysis is broken down by the specific types of data 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:

n ot include all toxic chemicals covered by TRI

,

b e compiled less frequently than TR I , and/or

n ot 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.pdfICR 2 nd FR Notice 5/11/11 13 3(b) Public Notice Required Prior to ICR Submission to OMB

EPA is submit ting one combined request to renew existing approved ICRs for both Form R

and Form A to OMB. Both ICRs are scheduled to expire on J ul y 31, 20 11

. Before submitting

the combined ICR to OMB for review and approval, EPA published an initial FR notice soliciting comments on specific aspects of the proposed information collection. A second FR notice will be publish ed when the ICR is submitted to OMB for review, allowing another opportunity for public review and comments.

3(c) Consultations

EPA has consulted with a large number of individuals and organizations throughout all segments of the public in the developmen t and continued implementation of the TRI Program. EPA has received feedback from environmental and public interest groups, trade associations, educational institutions, individual representatives, and others through its outreach efforts in venues such as:

m eetings with stakeholders to provide TRI program updates and obtain input on rulemakings;

o n

- line dialogues to discuss issues such as options for reporting burden reduction; Webinars to provide training on various topics, including expanding the use of TRI for environmental justice; and

th e 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 on going evolution of the TRI Program.

3(d) Effects of Less Frequent Collection

Section 313 requires annual reporting

. Section 313(i) permits EPA to modify the reporting frequency by rulemaking; however, EPA must first notify Congress and then delay the

init iation 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 fro m previously submitted toxic chemical release forms (ii) determinations made under paragraph (3).

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

(A) The extent to which information relating 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 2 nd FR Notice 5/11/11 14 (B) The extent to which information is (i) readily available to potential users from other

sources, such as state reporting programs, and (ii) provided to the Administrator under another federal law or through a state program.

(C) The extent to which the modification would impose additional and unreasonable burdens on facilities subject to the reporting requ irements under this section.

Since TRI represents the best available multi

- media 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 availa bility 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 information 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 ar e 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 Se ction 3(f)).

EPA continues to encourage the electronic submission 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

- ME web ) reporting software. TRI

- ME web helps facilities prepare high

- quality reports more easily than they could using paper reporting forms due to a number of technology

advan ces , including built

- in data quality checks.

Small facilities (with fewer than 10 full

- time employees or the equival ent) are exempt from reporting under EPCRA §313. Two particular provisions that apply to TRI reporters universally: 1) the optional range reporting provision 12 and 2) an alternate threshold allowing Form A eligibility

, are particularly beneficial to non

- ex empt smaller facilities with small releases and

wastes.

3(f) Confidentiality

Respondents may designate the specific chemical identity of a substance as a trade secret according to EPCRA §322. Procedures for submission and review of trade secret claims u nder EPCRA §313 are set forth in 40 CFR 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 discussio n, see Section 5(c).ICR 2 nd FR Notice 5/11/11 15 trade secret and properly substantiates the claim, EPA will not disclose the identity of the chemical to the public. EPA securely stores forms with trade secr et information and allows access to those documents only to persons with Trade Secret clearance. Data made available to the public through any means do not include trade secret information.

3(g) Sensitive Questions

This collection does not request any se nsitive information.

4 THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

The reporting requirements found in EPCRA §313 apply to owners and operators of facilities that

have 10 or more full

- time employees, manufacture or process more than 25,000 pounds or

otherwise use more than 10,000 pounds 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 1 997 or are Federal facilities (regardless of industrial sector) . Historically the TRI

- covered industrial sectors were identified by their Standard Industrial Classification (SIC) codes. Beginning with Reporting Year (RY) 2006, the TRI Program converted from SIC codes to North American Industry Classification System ( NAICS ) codes (71 FR 32464, June 6, 2006). The full list of NAICS codes for facilities that must report to TRI (including ex emptions and/or limitations)

, 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 inclu ded in Appendix A. For

instruction revisions associated with the proposed form revisions, see Appendix B. To access existing TRI Reporting Forms and Instructions, see http://www.epa.gov/tri/report/#fo rms

.

Form R

Facilities reporting to TRI report releases and other waste management of listed chemicals on Form R. The required data items, which are summarized 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 for TRI reporting purposes ; 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 toxic chemical at the faci lity

,ICR 2 nd FR Notice 5/11/11 16 Maximum amount of the toxic chemical on site at any time during the calendar year

, Quantity of the toxic chemical entering 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 mirrors the data elements from Form R Part II

Chemical

- Specific Information sections 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 issue , th e 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 manufactured, 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

, and Mixture component identity

.

In addition to annual reporting requirements, f acilities 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; engineering reports; inventory, incident , and operating logs; and other supporting materials. Facilities must 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 utility. More specifically, the revisions to the f orms and TRI Reporting Forms and Instructions (RFI ) and r ationale 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.ICR 2 nd FR Notice 5/11/11 17 Table 3 Proposed Form Revisions

Form Revision R ationale Form

1 Replace the NA box in the Parent Company field with ―No U.S. Parent Company (for TRI Reporting purposes)‖ check box (Part I: Sec. 5.1) The NA box is currently used to indicate either a foreign parent company or no U.S. parent

. To better facilitate analysis of the TRI data, EPA is replacing the ―NA‖ option for parent company with a check box that reads ―No U.S. Parent Company (for TRI Reporting purposes ) .‖ This change will more explicitly promote consistency in reporting the hig hest

level U

. S

. company. R / A

2 Disaggregate the ― T otal 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 instruct ional statement on

form to specify only ―newly implemented ‖ source reduction activities (Part II: Sec. 8.10).

° Add an ―NA‖ box to match associated text revisions (Part II: Sec. 8.10)

° Remove the ―Yes‖ box and enlarge the text section for question on optional P ollution

Prevention information ( Part II:

Sec

. 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 only ―n ewly implemented‖ source reduction activities. Th is change on the form will remove this difference, and specify that only new activities should be reported.

It also provide s a larger text box (8.11) where facilities can provide optional information on so urce 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 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 appropriate to improve consistency within the form. R ( including R

Sch edule 1)ICR 2 nd FR Notice 5/11/11 18 (ii) Respondent Activities

F acilities engage in a number of activities t o comply with the EPCRA §313 reporting requirements . These activities can be divided into two distinct groups: Form Activities, consisting of rule familiarization, compliance determination, calculations and f orm completion,

and recordkeeping and submission ; and Non

- Form Activities

, consisting of supplier n otification,

non

- reporter compliance determination, and petitions.

Form Activities

Rule Familiarization: Staff of a facility that is reporting 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 instructions, and the time needed to train personnel to respond to a collection of information.

Reporter Compliance Determination : At reporting f acilities staff must make the

determin ation 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 Completio n: Facility staff must gather data and perform calculations to provide the information required on the form. This activity includes the time required to search data sources and the time 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 otherwise disclose the information.

Non

- Form Activities

Supplier Notific ation : Certain suppliers of mixtures or trade name products containing reportable substances must annually notify their customers of the product's composition, if the customer is subject to EPCRA §313 reporting. This activity includes the time required to inform customers, either by letter or through the 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 determination but will not fil e a Form R or Form A

. The activity is the same as is presented above under Form Activities; however, given that compliance determination applies to all other facilities in NAICS

- code

- eligible sectors (with ten or more employees)

— including those that ultima tely do not report to TRI

— the la t ter category is accounted for in this separate activity

.ICR 2 nd FR Notice 5/11/11 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 listi ng criteria established by Congress and makes a determination whether to grant or deny the petition request. If the petition is granted, EPA will propose a rule to either add or delete the chemical and after reviewing the public comments will issue a final rule. If the petition is not granted, EPA issues a notice explaining why the petition was denied. The activities required to prepare and file a petition are listed below.

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

 Plan activities;

 Prepa re lite rature 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 i nstructions, guidance documents, training materials,

and toll

- free hotline s to assist them in completing and submitting their reporting forms to EPA.

5 T HE INFORMATION COLLECTED

— AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

EPA engages in many activ ities to fulfill the purpose and requirements of EPCRA. These activities

can be grouped in the following categories that cover what the Agency does to assist the regulated community with compliance, to process the data, to maintain the database, and to mak e 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 program 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, including TRI Reporting Forms and Instructions and TRI

MEweb (TRI Made Easy) reporting software. TRI

- MEweb is a web

- based software application

that TRI facilities can use f or entering

, validating and submitting their data. The TRI ProgramICR 2 nd FR Notice 5/11/11 20 also provides both basic and advanced downloadable TRI training slides plus online audio training modules on the TRI W eb site.

EPA operates two toll

- free hotlines to answer general questi ons and questions pertaining to electronic reporting and data certification over the I nternet. In addition, the Agency maintains a Web site with current program

- specific information and guidance ( http://www.epa.gov/tri ).

G eneral guidance has been prepared for estimating releases, including 14 industry

- specific guidance documents. Additionally, EPA provide s guidance and assistance for persons or organizations regarding petition s to add or delete chemicals from the TRI l ist.

Electronic Reporting

. As observed in 2010 for reporting year ( RY ) 2009

, n inety

- seven percent
of all TRI Form Rs and Form As we re prepared and submitted electronically using TRI

MEweb

. 14

, 15 Capabilities in TRI

- MEweb include:

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

MEweb

. 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 submissio n.

Submittal to the Central Data Exchange. After entering their data into the TRI

MEweb application and validating them, facilities 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 forward s 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 Center in Research Triangle Park, NC.

State Government Data Submittal. Through the TRI Data Exchange, facilities are

able to submit the data via CDX and have the data transmitted to both EPA and the participating S tate government. This r eporting option allows facilities to fulfill their legal obligation to report to both EPA and the appropriate State through a single

trans mission of data to CDX.

Preloaded Forms and Central Data Storage. The TRI

- MEweb application allows users to preload t heir forms with prior year data stored in an EPA

- maintained database.

This database is currently separate from the 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

withdr awals.

15 Prior to TRI

- MEweb

, TRI reporting software ha d been desktop

- based

, distributed via the TRI Web site and mail ed directly to facilities (via CD

- ROM) each year. I n RY 2007, TRI

- MEweb

, the new Web version of TRI

- M E, w as fully

launched . The TRI

- M E desktop software was retired from service in RY 2009.ICR 2 nd FR Notice 5/11/11 21 Quick Lists. TRI

- MEweb provides ―quick lists‖ that allow users to narrow t heir 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 Withdr awals

. The application allows online revision and withdrawal of data by facilities. Through this feature, facilities 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 entered in other form sections. Users may tailor the calculation's inputs, but cannot enter their own calculated values. This approach is intended to reduce the frequent ma thematical errors 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 point, the emphasis is on identifying forms th at 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 that were init ially 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 the prior year ’ s data and various

data threshold check s 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 facility review on the F D P Web site. The reports contain an echoing ba ck of the data and all validation and data quality 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 the TRI data available to the public

. EPA ensures that each facility has a unique identifier

— the TRI facility ID (TRIF I D). EPA

generates a TRIF I D for newly reporting facilities at t he time of data entry. The identification number allows easy retrieval of cross

- year data, even when a facility is sold or changes its name.

Facilities are notified of their TRIF I D and required to use it consistently over time

.

Links to State Reporting. Under EPCRA § 313, facilities are required to submit forms to both

EPA and the S tate agency in which they operate. For coordination, tracking, and qualityICR 2 nd FR Notice 5/11/11 22 assurance purposes, EPA and the S tate agencies reconcile their submissions at the end of the reporting cycle.

In 2004, EPA implemented the TRI State Data Exchange (now referred to as the TRI Data Exchange) , which enable s facilities to simultaneously submit their data to EPA and the State in which they are located. This reporting option allow s facilitie s to fulfill their legal obligation to

report to EPA and the S tate 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

. T he annual TRI National Analysis (previously known as the Public Data Release) is an overview of the most recently reported TRI data . It includes key findings, in

depth analys e s, and information on trends

. Three on

- line data access tools : TRI Explorer

, Envirofacts and TRI. NET

, make TRI data available to the public for further analysis. TRI. NET can also be used to view and analyze TRI data using geo spatial capabilities and allows users to combine TRI data with other related data for further analysis.

The TRI Progr am historically did not release the latest year of TRI reported data until the release

of the TRI National Analysis. However, starting in 2009, EPA began releasing the most recent year of TRI data within weeks after the July 1 st reporting deadline

. The T RI p reliminary d ataset is

made available in downloadable data files , as well as via TRI Explorer and Envirofacts

.

List Revisions and Petition Reviews. The list of toxic chemicals subject to reporting under EPCRA §313 is subject to change. Regulatory additions or subtractions of chemicals from the

list of TRI

- covered chemicals can be initiated by EPA independently or in response to a petition.

Trade Secrecy Reviews. Facilities claiming a chemical identity as a trade secret must substantia te the claim by completing the Trade Secret Substantiation Form av ailable from the TRI Web site ( www.epa.gov/tri) under "TRI Reporting Materials." For more information on trade secrecy reviews, including the costs to EPA, see the ICR 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, 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)

, facilities with fewer than 10 full

- time employees (or the equivalent) are not required to report. In addition, EPA has taken several steps to minimize the burden for covered small businesses. A range reporting option was added to the Final Rule (53 FR 4500, February 16, 1988) that codified the EPCRA §313 reporting requirements. RangeICR 2 nd FR Notice 5/11/11 23 reporti ng was the preferred option from the Regulatory Flexibility Act analysis to provide

burden reduction for small businesses. 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. The benefit is not, however, limited to small businesses. Note that r ange reporting is not permitted

on Form Rs for PBT chemicals.

In response to a petition from the Small Business Administration, EPA p romulgated the alternate threshold (59 FR 61488, November 30, 1994), manifested in Form A reporting, as discussed in Section 1(b). Although any reporting facility meeting the criteria may use the alternate threshold,

this alternate threshold may be particularly advantageous to small entities.

5(d) Collection Schedule

Facilities must report their information on a calendar

- year basis, and submit Form Rs or Form As to EPA by July 1 of the following year. In response to public requests to shorten the time frame for release of TRI information, TRI began a modernization effort in 2007 that included a transition to TRI

- MEweb from the TRI

- ME desktop software, and a number of streamlining

initiatives. One of the resultant improvements was the Preliminary Data Release which provides TRI data 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 r eporting deadline. In 2010, EPA released data less than one month after the reporting deadline in the TRI p reliminary

d ataset with d ownloadable data files and access via TRI Explorer and Envirofact s.

6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION

Th is information collection activity imposes burden and cost on certain 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 Release Inventory. The fo llowing 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 f

orm

- level 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

report ing forms is based on reporting in RY 2009 plus updates to reflect changes during the year of the ICR project

— in this case, the modeled number of chemicals and facilities estimated to report under the Addition of National Toxicology 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 estimate reporting burden in

this ICR Renewal

— Ratio

- Based 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 Access, Office of Environmental Information

, January 201 1, EPA Docket ID

Number EPA

- HQ

- OEI

- 2010

- 0835; hereafter referred to as RBBM Reference Document (Docket #EPA

- HQ

- OEI

2010

- 0835), EPA, 201 1

.ICR 2 nd FR Notice 5/11/11 24 simpl i fi ed formulation of the previously employed methodology

. 17 When estimating reporter

burden using RBBM

, the Nominal Form R unit burden ( 35.7 hours ) is the base number and Form

A unit burden is set at 61.5% of that value. T h e s e unit burdens reflect burden associated with f orm activities including rule familiarization, reporter 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

- f orm burden associated with supplier notif ication, non

- reporter compliance determination, and petitions to f orm burden

.

OMB approved separate Form R and Form A ICR s on M a rch 2, 2008 . The current expiration date

for both forms is J uly 31, 20 11

. The OMB approved burden numbers at th at time were 3,217,280 hours for Form R and 515,901 hours for Form A, totaling 3

. 73 million hours. Several changes in the burden estimates have been approv ed by OMB since the OMB approvals of the ICRs on March
2, 2008. 18 On March 20, 2009, OMB approved the merging 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 Contr ol Number 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 Section 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 hours yielding a net increase of 458,983 hours. 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 with an associated burden increase of

6

, 64 1 hours

.

Meanwhile, o ver the past several years, there has been a slight decrease in the number of facilities reporting to TRI. Based on the latest data for RY 2009 with updates to reflect the estimated

additio nal reporting resulting from 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

. 5 2 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 propos ed revisions to Form R and 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 200 9 distri bution of submission

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

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

19 The 2009 Omnibus Appropriatio ns Act revised Form A eligibility, reverting back to criteria in place prior to the

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

estimated based on RY 2007 TRI frozen data.ICR 2 nd FR Notice 5/11/11 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 information 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, t hese burden estimates were based on previous ICRs and economic analyses, respondent experience as reflec ted in comments to EPA and other parties, best professional judgment, and information acquired through site visits and telephone

interviews. For this ICR, EPA implemented a revision to the existing methodology, called

Ratio

- Based Burden Methodology (RBBM), to estimate TRI respondent burden for both Form R and Form A reporting. 20

Ratio

- Based Burden Methodology simplif ies calculations, impose s internal consistency, and sharpens transparency while retaining the components of the existing methodology and

mainta ining its overall total burden estimate as a starting point. 21 Additionally, b y virtue of

R BB M’s structure

, th e methodology prevent s accounting errors. 22 For activities associated with filing TRI c hemical reports, RBBM burden estimates include rule familiarization

, reporter compliance determination, calculations and f o rm completion, and recordkeeping

. Similarly, f or activities unrelated to f

orm reporting (non

- f

orm burden) RBBM estimates include supplier

notif ication, non

- reporter compliance determina tion, and petitions.

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

Calculation. With RBBM’s calculation of form burden, the only variables/inputs required are total

counts for Form R Chemicals and Form A C hemicals. Th e 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 burden is multiplied by the number of Form R

C hemicals to estimate the total Form R burden. Similarly, Form A unit burden (formulated as the product of A/R and Nominal Form R unit burden ) i s multiplied by the number of F orm A

20 For reference s on methodology development, see RBBM Reference Document (Docket #EPA

- HQ

- OEI

- 2010

- 0835), EPA, 201 1.

21 At the time of transition (the start of the 2008 ICR) the comparison between totals is exact. Later, in an interim spot

check (April 2010), totals were within 2 %.

22 The simplicity of RBBM reduces accounting errors in general; but more specifically, the structure prevents errors

related to double

- counting. See discussion in RBBM Reference Document (Docket #EPA

- HQ

- OEI

- 2010

- 0835), EPA,

201 1.

23 In A/R, Form A unit burden is derived using the activities associated 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, ref erring to ―Form R Chemicals‖

and ―Form A Chemicals.‖ICR 2 nd FR Notice 5/11/11 26 Chemicals to estimate total Form A burden

. For cross

- reference to the activities associated with form reporting, Table 4 shows the percent contribution of each Form R activity (and related Form

A activity ) to total burden

.

RBBM incorporates a number of simplifications. 25 F irst, burden factors associated with activities incurred at the facility level (e.g., reporter compliance determination) have been rescaled as form

level factors , providi ng a uniform scale for all relevant 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 versus non

- PBT). Last, b urd en need not be estimated using three separate labor categories (management, technical, clerical) because with

RBBM

, a weighted average wage rate (WAWR) is applied to the overall burden hours to estimate

cost.

25 For verification of assumptions related to these simplifications, see RBBM Reference Document (Docket #EPA

HQ

- OEI

- 2010

- 0835), EPA, 201 1

. Figure 1

Ratio

- Based Burden Methodology a

Two Burden Factors ; Two Chemical 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 C hemical

(2) Steady State Total Cost = Steady 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

- Docket #EPA

- HQ

- OEI

- 2010

- 0835, EPA, 201 1)

. b Based on June 2010 wage data. Wage data: http://www.bls.gov/ncs/ect/#tablesICR 2 nd FR Notice 5/11/11 27 Table 4: Ratio

- Based Burden Methodology Comp onents

Ratio

- Based Burden Methodology

Unit Burdens a

100%=Form R Unit Burden

Ratio Model

Bases Form R

% Derived

Form A b

% Nominal Form R

(non - PBT ) Subsequent Y ear (Steady State) Facility

Burden

A pportioned

to Form R Activity

R / A Chemical 0 0

Rule Familiarization Reporter Compliance

Determination 2. 5 8 2. 93

Form R Calculations and Form

Completion R / A Chemical 57. 49 18.6 4 Recordkeeping 39. 9 3 39.9 3

Form Burden Per

Chemical Total Percentage of Form R

Unit Burden 100.00 61.50

a Consistent ― per c hemical ‖ s cale

. 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 ( b asis of Form A and Form R as of 2008 ICR Renewa l )

.

The burden estimates used by EPA are considered to be average values for the reporting community overall . As with any average, some facilities will be above the average, and others will be below it. Large, complex facilities may require more than the average time to comply;

h owever, 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 the reporting community overall, on average

.

Form R and Form A Respondent Requirements

As noted in Section 4(b)ii above, f acilities engage in a number of activities t o co mply with the EPCRA §313 reporting requirements . These activities can be divided into two distinct groups:

F orm A ctivities, consisting of rule familiarization, reporter compliance determination, calculations and form completion, and recordkeeping and submi ssion; and N on

- F orm A ctivities consisting of supplier notification, non

- reporter compliance determination, and petitions. A detailed description of these activities is presented in Section 4(b)(ii)

.ICR 2 nd FR Notice 5/11/11 28 Form Activities

Rule Familiarization

Reporter Compliance Determination

Calculations and Form Completion

Recordkeeping and Submission

Non

- Form Activities

Supplier Notification

Non

- Reporter Compliance Determination

Petitions

Note that f

or burden unrelated to reporting on a Form R or Form A

, the RBBM simplifies calculations by holding all of these values at a constant level, as estimated in the 2008 ICR

Renewal. 26

Updating Nominal Form R and Form A Unit Burden s

As noted above, this ICR Renewal uses the RBBM to estimate total TRI P rogram burden. However, the RBBM ’s in i tial basis uses TRI reporting conditions as captured at the begin n ing

of the 2 00 8 ICR R enewal. Since that time, new dioxin reporting requirements

— which affect

Form R u nit burden

— have taken effect under EPCRA section 313 , and accordi ng to RBBM

necessitate a revision to the estimate for Nominal Form R unit burden

. Therefore, the additional burden created by the dioxin requirements must be accounted for in the beginning of the 2012

ICR Renewal

, and in this Supporting Statement’s analys is

. 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 #EP A

- 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 calculat ed, as explained above). For a more detailed description of form element estimation using the new method, see Appendix C of RBBM Reference Document (Docket #EPA

- HQ

- OEI

- 2010

- 0835), EPA, 201 1

. 28 Information from the EA associated with the rule was also consu lted. 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 2 nd FR Notice 5/11/11 29 Since the last ICR Renewal, other substantive change s occurred via rulemakings

. D ue to the 2009 Omnibus Appropriations Act which reversed the TRI Burden Reduction 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 Nov ember 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. T he unit burden s as sociated with filling out Form R and Form A , however,

remain unchanged. The anticipated change in the number of Form Rs and Form As filed is discussed in Section 6(d).

Additionally , EPA is proposing to revise data elements and revise instructions for Form Rs and

Form As that would improve the consistency and utility of TRI data. However, t he revision of

data elements a nd certain instructions is estimated to have no measurable impact on Form R and

Form A burden

.

The follow ing discussion explain s how Form unit burden s are 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 bas ed o n RY 2009 data with updates to reflect the estimated additional reporting resulting from the Addition of National Toxicology Program Carcinogens

rule ).

Dioxin Reporting Requirements

On May 10, 2007, the Toxics Release Inventory Program 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 final rule removes t he 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, facilities must report the quantity for each individual

member on a new Form R S chedule 1. EPA use s the individual mass quantity data to calculate toxic equivalency (TEQ) values that are made available to the public along with the mass data.

To account for the additional reporting burden created by the dioxin rule, 29 the standardize d form element burdens developed in the RBBM are used to estimate additional burden to dioxin reporters (specifically those reporters that provide a congener distribution, which is estimated to occur on 94% of dioxin forms). This additional unit burden is then weighted to reflect the

29 As a result of this rulemaking, each facility is now required to report the total grams of dioxin and dioxin

- like compounds released to each environmental medium, transferred off

- site, or managed as waste in Sections 5, 6, 7, and 8. Reporting burden estimates from the Dioxin EA use the existi ng (non

- RBBM) methodology and therefore are updated here according to RBBM, based on actual reporting as effected by the rule. For details of the EA estimates,

see Analysis of the Estimated Burden and Cost of Form R Schedule 1 for Dioxin and Dioxin

- like Co mpounds; Toxic Equivalency Reporting; Community Right to Know Toxic Chemical Release Reporting . May 10, 2007. Note that a s the information required to estimate these quantities was already calculated by reporters prior to the dioxin rule, the

additional ti me required to report the quantity for each individual member on Form R Schedule 1 is small.ICR 2 nd FR Notice 5/11/11 30 percent of dioxin reports in the total universe of TRI report s (1.6%) and added to Nominal Form

R unit burden.

In the RBBM, the standardized form element burden 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 part of an existing data element. EPA estimates 0 5 .25 minutes will be required to fill out a subsection on Form R Schedule 1. In this estimate, EPA assumes that dioxin reporters fill out an average of 4 subsections on Form R. 30 Therefore, total incremental burden is estimated to be 21 minutes or .35 hours per Form R Schedule 1 (i.e., per dioxin respondent)

.

As not all TRI reporters fill out Form R Schedule 1, this additional burden is weighted by the percent of total reporters that fill out dioxin reports and then added to Nominal Form R unit burden (35.7 hrs). The calculation is presented below. Note that all f orm counts and percentages

are based on chemical reports for RY 2009 data.

(Eq.1)



# =

35.70516 = .35hrs ((1,094 × .94)/69,690) + 35.7

Addition of National Toxicology Program Carcinogens

On November 26, 2010, the Toxics Release Inventory Program issued the Addition of National Toxicology Program Carcinogens rule adding 16 chemicals, identified as carcinogens by the National Toxicology Program (NTP) , to the list of reportable TRI chemicals. These 16 chemicals meet the EPCRA Section 313(d)(2)(B) criteria for l isting because they are reasonably anticipated

to be a human carcinogen by the NTP in its Report on Carcinogens (ROC) document. Further, EPA estimates that facilities currently manufacture, process or otherwise use these chemicals

above TRI thresholds and therefore would file TRI reports. A ll chemical reports are assumed to

be filed as Form R reports. Therefore, t he 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. Note that this rule

does not affect the value of the Nominal Form R unit burden.

30 Same assumption as used in the dioxin rulemaking Economic Analysis. 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) +

Nominal Form R Unit Burden 

## = Updated

Nominal Form R

Unit BurdenICR 2 nd FR Notice 5/11/11 31 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 an d enhance ment of data utility. Specifically, EPA is proposing :

to replace the NA box in the Parent Company field ( section 5.1 of Form R and Form A )

with a ―No U.S. Parent Company (for TRI Reporting purposes)‖ check box and revise the

instructions

. The NA box is currently used to indicate either a foreign parent company or no U.S. parent

. At the margin, re naming ― NA ‖ to ―No U.S. Parent Company (for TRI Reporting purposes) ‖ does not constitute enough change to estimate additional burden. Rather, the chang e serve s to clarify the existing forms

. This change will facilitate analysis

of the TRI data at the highest level U.S. company. to disaggregate ―total transfers ‖ fields in Form R, Section 6.1 and provide space to identify chemical discharge quantities to specific publicly owned treatment works (POTWs ). 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 specif

ic 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 discharge data, were already requested on the existing form. As an additional, but not pivotal consideration, more than 99% of forms

submitted to TRI in RY 2008 only listed a single POTW, thus the total release that would have been reported on the existing form would also be reported to satisfy this form chang e. 31

t o revise the instructional statement for element 8.10 on the form to specify only ―newly implemented" pollution prevention activities

, while adding an ―NA‖ box to match

associated text revisions

. Additionally, EPA i s proposing to remove the ―Yes‖ box and enlarge the text section for the question on optional p ollution p revention information (element 8.11 .) As important context, the existing instructional statement for 8.10 requests information on ―any source reduction activities for this chemical du ring the reporting year;‖ but the Reporting Forms and Instructions request information on ―newly implemented‖ source reduction activities. This revision on the form will remove this

difference and clarify reporting facilities’ requirement to report only n ew source reduction activities where the existing form and instructions are inconsistent. However, with this change

, no measureable burden increase is identified because the c hange in form instructions only serves to clarify the form’s intent. In the exis ting form, the instructions asked for ―any 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 reduction activities should only include ―newly implemented‖ activities; therefore, no additional information 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 about the submission that may be helpful to EPA and/or the public in using or interpreting their data (e .g., facility closures, explanations for changes in

31 TRI 2008 PDR, RY 2008 via TRI.NETICR 2 nd FR Notice 5/11/11 32 release quantities, etc. )

. Because this is an optional

, and an open

- ended question, by convention, no regulatory burden is imposed on facilities 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 the margin, inclu ding these NA boxes does not constitute enough change to the forms to increase the estimate of the burden. Rather, the NA boxes serve to clarify the existing forms and standardize responses

.

The changes proposed, along with their contributions to the f orms and estimated additional burden are presented in Table 5.

Table 5 Additional Unit Reporting Burden Associated with New Data Elements

Section Number Form Change Estimated

Burden (minutes)

Form R, Form A

– Part I: Section 5.1 R eplace the the NA box in the Parent Company field

with ―No U.S. Parent Company (for TRI Reporting purposes)‖ check box 0.00

Form R

– Part II: Section 6.1, 6.1A,

6.1B Disaggregate ―total‖ fields and a dd 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 f orm to specify only ―newly implemented" 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 8.11 Remove Yes box and enlarge the text box for question

on P2 optional information 0.00

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 f orm type which inc orporates updates related to dioxin report ing requirements and proposed revised data elements

.ICR 2 nd FR Notice 5/11/11 33 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 reporter compliance determination, rule familiarization, calculations and report completion, and recordkeeping and submission

. 2) Form A unit burden is set at 61.5% of Nominal Form R unit burden. 3) Burden per form does not include non

- form burden (supplier notif ication, petitions, and non

- reporter compliance determination).

Any given facility may file only Form Rs, only Form As, or a combination of Form Rs and Form As. Table 7 provides more details on the distribution of reporting by form type among

facilities. Note also that for a given Form A filing, the average number of chemicals reported

is 2.3 1

. Overall, an average of 3. 7 7 chemicals (Rs and As) are reported per facility with 11.3%

of all chemicals filed via Form As.

Table 7

Form per Facility Distributions ( Current Operations RY 200 9 with Updates for Additional Reporting on

16 National Toxicology Program C hemicals )

Form Per Facility

Distributions

- Current Operations

RY 2009 Reporter Type Unique

Facilities Count of Chemicals Average Number of

Chemicals /Facility

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 3.6 8 2.3 1 3.7 7

Notes: 1) Calculations are based on RY 2009 r aw single

- chemical form counts ( chemicals not rolled up at the Facility

- chemical level ) with updates to reflect estimated 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 filed two or fewer Form As in RY 2009. The most common number of reports filed is on e. 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.ICR 2 nd FR Notice 5/11/11 34 Table 8 present s the annual estimated burden hours 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 and Form A C hemical filings by facility. The total annual burden to all facilities is discussed in Section 6(d).

Table 8

Form R and Form A Reporter Typical Annual Burden Hour s 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 × 3.6 8 chemicals per facility × (.887) proportion of chemicals] 116. 547

Form A Contribution
[21.95867 hours per chemical × 2.3 1 chemicals per facility × (.113) proportion of chemicals] 5.7 32

Overall Average 122. 279

6(b) Estimating Respondent Costs

The steady state total cost to respondents is based 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, and clerical labor (in proportions of .03, . 89, and .08, respectively) per hour of TRI reporter bu rden

. 32 There are no specific capital and operation and maintenance costs associated directly with this information collection activity. There may be some small additional costs for mailing and supplies. Total annual costs for all facilities are

discussed i n Section 6(d).

(i) Estimating Labor Costs

L abor 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

.

32 For the derivation and justification of the WAWR, see RBBM Reference Document (Docket #EPA

- HQ

- OEI

- 2010

- 0835), EPA, 201 1

.ICR 2 nd FR Notice 5/11/11 35 Table 9 Derivation of the Weighted Average Wage Rate (WAWR)

( June 2010) Wage Type (Burden Proportion) Managerial (.03) Technical

(.8 9 ) Clerical

(.0 8 ) 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 49.6 2

B ased on June 2010 wage data

. http://www.bls.gov/ncs/ect/#tables

.

Average respondent costs are summarized in Table 1 0 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 C ost

Form R (Including Form R Schedule 1) Contribution [(35.70516 hrs. per chemical × 3.6 8 chemicals per facility

× .887 proportion of chemicals) × $49.62] $5,7 83

. 08

Form A Contribution [(21.95867 hours per chemical × 2.3 1 chemicals per facility × .113 proportion of chemicals) × $49.62] $2 84

. 42

Overall Average $6,0 67

. 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 R ule published November 26,

2010. 2. Burden per form does not include non

- form burden of supplier notification, petitions, and non

reporter compliance determination.

Note that non

- f

orm burden is assumed to be a constant at 825,517 hours with an associated cost of $ 40,962,154 . The components of this burden are:

Petitions

– 925 h ours Supplier Notification

– 89,616 hours Non Reporters’ Compliance Determination

– 734,976 hours

The total cost associated with non

- f orm burden is estimated by multiplying this constant by the WAWR (see Section 6( d ) for total respondent cost associated with the TRI Program).ICR 2 nd FR Notice 5/11/11 36 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 Compliance Assistance; TRI Reporting Software and

Related Data Collection and Exchange ; and Data Proc essing. These activities are outlined in

detail in Table 11.

Table 11

EPA Activities for Collecting, Processing, and Managing TRI Data

Category Description

R eporting Forms

and Instructions (R FI ) 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 E PA and the S tates 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)

 Dissemin at ing 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 Assistance

, TRI Reporting

Software and Related Data Collection and Exchange, and Data Processing are presented in

T able 12 in terms of Agency costs and number of FTEs

.ICR 2 nd FR Notice 5/11/11 37 Table 12 Agency Cost s and FTE s 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

T otal $ 4,630,771 5.5

a Based on FY 2010 budget

. b Based on actual headcounts.

The estimate d D ata P rocessing cost s include fixed costs (overhead) and variable costs , which depend on the number and type of form submissions

. The cost of processing TRI forms is approximately $25.75 per chemical for paper submissions and $3.12 per chemical for TRI

MEweb submissions

. 33 Total A gency cost for items , as shown in Table 12, is $ 4,630,771

.

6(d) Estimating the Respondent Universe 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 burde n hours for all respondents under this ICR are estimated using the S teady S tate T otal B urden 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. T hese three burden components

sum to compute the S teady S tate T otal B urden. Table 13 shows the assumed universe of TRI

facilities and forms for both Form R s and Form A s for this ICR Renewal

.

33 Personal c ommunication with Peggy Bagnoli. TRI Information and Outreach Bra n ch. July 8 , 20 10

. The baseline data used to calculate distribution percentage of submissions is based on chemical count s from RY 2009

.ICR 2 nd FR Notice 5/11/11 38 Table 1 3

ICR Universe of TRI Facilities and Forms

(Based on RY 2009 Baseline TRI data With Updates for Additional Reporting of 16

National Toxicology Program C hemicals )

Form R Form A

Number of Chemicals (Same as Number of Forms) Number of Chemicals

(Note: Average of 2.3 1 Chemicals per Form)

RY 2009 TRI Universe

Number of Facilities 18,9 93 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 facilities file on both Form Rs and Form As (see Table 7). Average number of Form R C hemicals per facility is 3.6 8 ; Average number of Form A C hemicals

per f orm (and per facility) is 2.3 1

. The overall average number of chemicals per facility is 3.7 7

. 3. To count the number of Form As, the number of Form A C hemicals has to be divided by the

number of Form A C hemicals per form (2.3 1 ). Therefore, the number of Form As is estimated to be 3, 851 ((8,872+22)/2.3 1 )

. Note that ―burden per Form A chemical‖ is the key unit for tracking burden associated with a Form A, and that 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 ch emicals and facilities estimated to report under the Addition o f National Toxicology Program C arcinogens 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 1 4 present s the total annual burden hours estimates for both Form R and Form A.

Table 1 4

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 2,4 94,934

Form A 21.95867 3,851 8,894 195,300

Non

- Form (constant) 825,517

Total 3,5 15,751ICR 2 nd FR Notice 5/11/11 39 Estimated Total Annual Cost for All Respondents

The total annual reporting cost for all respondent facilities is determined by multiplying the WAWR by the steady state total burden. Table 1 5 present s the total annual reporting cost for

Form R and Form A.

Table 1 5

Total Annual Cost Estimate ( June 20 1 0 dollars)

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

Total Cost
( June $2010)

Form R (Includes Form R Schedule 1) $49.62 2,4 94,9 3 4 $123, 798, 625

Form A $49.62 195,300 $9,690,786

Non

- Form (constant) $49.62 825,517 $40,962,154

Total 3,5 15,751 $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 industry to comply with the information collection requirements under EPCRA §313 and under PPA §6607, as well as the cost to EPA to process Form R and Form A s annually.

( i) Respondent Tally

Table 1 6 presents the total burden and cost for complying with EPCRA § 313 for current and new reporting requirements.ICR 2 nd FR Notice 5/11/11 40 Table 1 6

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) 18,9 93 69, 876 2,4 94,934 $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 3,5 15,75 1 $174, 451,565

New Form R Data

Elements and

Instructions b 18,9 93 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 3.5 3

.

(ii) The Agency Tally

The total annual program burden to EPA is estimated 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 reporting/recordkeeping burden and cost is not expected over the course of the ICR approval period.ICR 2 nd FR Notice 5/11/11 41 6(f) Reasons for Change in Burden

Several changes in the burden estimates have been approved by OMB since 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

- like compounds (OMB 2025

- 007, ICR 2086. 02), into the TRI Form R ICR (currently OMB Control Number 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 Section 425 of the Omnibus Appropriations Act of 2009, which rescinded the December 2006 Toxics Release Inventory Burden Reduction Rule. As a result, the OMB

- approved numbers for Form R were increased 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 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 with an associated burden increase of 6,64 1 h ours.

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

to TRI. Based on the latest data for RY 2009 with 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 assoc iated total annual burden hours to be 3,5 15,751 , and the annual cost to be $174, 451,565

. Further , the TRI program is proposing to revise data elements and

instructions for the reporting forms. The revised data elements and instructions are estimated to

hav e a negligible impact on f orm burden

.

Since the ICR approval on March 2, 2008, the reduction in the estimate of total burden of 224,071

hours (exclusive of the addition al 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). R efer to Figure 2 and Table 1 7 for background information on the chro nology of both TRI rulemaking s and

ICR r enewa l s which outlines changes that have occurred due to rulemaking.ICR 2 nd FR Notice 5/ 11 /11 42 Figure 2 TRI Rulemaking and ICR ChronologyICR 2 s nd FR Notice 5/ 11 /11 43 Table 1 7 Recent Changes in TRI Form R Burden

Activity

– Explanation TRI Form R ICR (EPA # 1363, OMB #2070

- 0093)

Change Total

# Responses Burden Hours Total Responses Total Burden Hours

1997 Baseline

— — 90,362 5,538,727

RY 1997 Program Change

– Industry Expansion Rule: This rule added 7 new industries to the list of industries subject to TRI reporting beginning in RY 19 98. 39,033 2,467,463 129,395 8,006,190

1999 Adjustment

– Form R Correction Worksheet: This adjustment revised the number of responses to be more consistent with actual reporting levels. However, it did not correct for overestimation of expected reporting from the Industry Expansion Rule. (13,22 6) (665,666) 116,169 7,340,524

RY 1999 Program Change

– PBT Rule: This rule lowered reporting thresholds for certain

PBT C hemicals, and added other PBT C hemicals at l ower thresholds beginning in RY 2000. 19,990 1,485,411 136,159 8,825,935

RY 2000 Program Change

– Lead Rule: This rule lowered reporting thresholds for lead and lead compounds beginning in RY 2001. 9,813 786,169 145,972 9,612,104

January 2003 Form R ICR Renewal: This request incorporated accounting adjustments to reflect actual number of responses. (57,855) (4,045,540) 88,117 5,566,564

October 2003 Form R ICR Renewal: This request reflected actual number of responses and accounted for a lower subsequent year reporting burden for non

- PBT C hemicals. (4,117) (1,677,812) 84,000 3,888,752

May 2005 Form R ICR Renewal: This request reflected actual number of responses. (2,000) (91,413) 82,000 3,797,339

RY 2005 Program Change

– TRI Reporting Forms Modification Rule: This rule eliminated certain data elements and simplified others begi nning in RY 2005. — (50,749) 82,000 3,746,590

RY 2006 Program Change

– TRI Burden Reduction Rule: This rule expanded non

- PBT

C hemical eligibility for Form A and, for the first time, allowed limited use of Form A for

PBT C hemicals. (15,100) (505,117) 66,900 3,241,473

RY 2008 New Data Elements and Revised Instructions: The proposed additions and

revisions improve and enhance the data as well as standardize the information collected. (149) (24,193) 66,751 3,217,280

RY 2008 Form R ICR Renewal

— — 66,751 3,217,280

RY 2010 New Data Element and Revised Instructions 0.00 69,876 2,494,934

RY 2011 Form R ICR UNIVERSE PROJECTION 3

, 125 (72 2

, 346 ) 69,876 2,494,934

Note s :ICR 2 nd FR Notice 5/ 11 /11 44 6(g) Burden Statement (To appear on Collection Instrument)

The annual public burden for f orm calculation s such as, rule familiarization, compliance determination, calculations and form completion, and recordkeeping

, which is approved under

OMB Control No. 20 25

- 0009 , is estimated to average 35.70516 hours per respo nse 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

- f

orm burden associated with non

- reporter compliance determination, petitions and supplier notification

.

Burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, in stall, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applic able instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduc t 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 th e Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Do cket

ID No. EPA

- HQ

- TRI

- 20 10

- 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

. , Wa shington, 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 holidays. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the Office of Environme ntal 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 contents of the public docket, and access those documents in the public docket that are available electro nically. 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

- 20 10

- 0835 and OMB Control No. 20 25

- 0009 in any correspondence.

The completed form should be submitted in accordance with the instructions accompanying the

form.ICR 2 nd FR Notice 5/ 11 /11 45 REFERENCES

Certain references cited are available in EPA Docket Identification Number EPA

- HQ

- TRI

2010

- 0835 ; other references are readily available.

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

U.S. Department of Labor, Bureau of Labor Statistics. Employer Costs for Employee Compensation. U.S. Department of Labor, Washington, D.C. June 20 1 0.

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 Equivalency 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, 201 1

. Revising TRI Burden to Ratio

- Based Methodology ; TRI Regulatory Development Branch, TRI Program Division, Office 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 Toxicology Program Carcinogens; Community Right

- to

- Know Toxic Chemical Release Reporting Final Rule. 40 CFR Part 372. EPA Docket I D Number EPA

- HQ

TRI

- 2010

- 0006. Federal Register Vol. 75 No. 227. November 26, 1010

.ICR 2 nd FR Notice 5/ 11 /11 46ICR 2 nd FR Notice 5/ 11 /11 47 APPENDIX A

PROPOSED FORMS

FORM A

FORM R

FORM R SCHEDULE 1DRAFT Form Approved OMB Number: 2025

- 0009

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

- and

- print form ) Approval Expires: 07/31/2014 Page 1 of

___ 

# TOXICS RELEASE INVENTORY

FORM A

WHERE TO SEND COMPLETED FORMS: 1. TRI Data Processing Center 2. APPROPRIATE STATE OFFICE OR

P. O. Box 10163 (See instruction s in Appendix E) Fairfax, VA 22038 TRI Facility ID Number

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 “Not Applicable (NA)” boxes should be checked.

PART I . FACILITY IDENTIFICATION INFORMATION

SECTION 1. REPORTING YEAR

_____________

SECTION 2 . TRADE SECRET INFORMATION

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

2.2 Is this copy Sanitized Unsanitized (Answer only if “Y es ” in 2.1) Yes (Answer question 2.2;

a ttach substantiation forms) No (Do not answer 2.2;

g o to Section 3)

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

I hereby certify that to the best of my knowledge and belief, for each toxic chemical listed in th is statement, the annual reportable amount as defined in

40 CFR 372.27(a), did not exceed 500 pounds for this reporting year and that the chemical was manufactured, processed, or otherwise used in an amount not exceeding 1 million pounds during this reporting year.

Name and official title of owner/operator or senior management official: Signature: Date s igned :

SECTION 4. FACILITY IDENTIFICATION

4.1 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/State/ZIP Code Country (Non

- US)

4.2 This report contains informat ion for: ( Important : Check c or d if applicable)

c. A Federal facility d. GOCO

4.3 Technical Contact Name Telephone Number (include area code)

Email Address

4.4 Public Contact Nam e Telephone Number (include area code)

Email Address

4.5 NAICS Code(s) (6 digits) Primary

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

4. 6 Dun & Bradstreet Number(s) (9 digits) a.

b.

SECTION 5. PARENT COMPANY INFORMATION

5.1 Name of U.S. Parent Company

(for TR I Reporting p urpose s ) No U

. S . P arent Company
(for TRI Reporting p urpose s )

5.2 Parent Company’s Dun & Bradstreet Number NA

EPA Form 9350

- 2 (Rev. 0 7 /2011 )

- Previous editions are obsolete.DRAFT Form Approved OMB Number: 2025

- 0009

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

- and

- print form ) Approval Expires: 07/31/201 4 Page

___ of

___ 

### EPA FORM A

PART II. CHEMICAL IDENTIFICATION

Do not use this form for reporting PBT chemicals, including Dioxin and Dioxin

- like Compounds* TRI Facility ID Number

SECTION 1. TOXIC CHEMICAL IDENTITY Report ___ of ___

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

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

1.3 Gene ric Chemical Name (Important: Complete only if Part 1, Section 2.1 is checked “Yes”. Generic Name must be structurally desc riptive.)

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

2.1 Generic Chemical Name Provided by Supplier (Important: Maximum of 70 characters, including numbers, letters, spaces, and pun ctuation.)

SECTION 1. TOXIC CHEMICAL IDENTITY Report ___ of ___

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

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

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

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

2.1 Generic Chemica l Name Provided by Supplier (Important: Maximum of 70 characters, including numbers, letters, spaces, and punctuation.)

SECTION 1. TOXIC CHEMICAL IDENTITY Report ___ of ___

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

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

1.3 Generic Chemical Name (Important: Complet e only if Part 1, Section 2.1 is checked “Yes”. Generic Name must be structurally descriptive.)

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

2.1 Generic Chemical Name Provided by Supplier (Important: Maximum of 70 characters, including numbers, letters, spaces, and punctuation.)

SECTION 1. TOXIC CHEMICAL IDENTITY Report ___ of ___

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

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

1.3 Generic Chemical Name (Important: Complete only if Part 1, S ection 2.1 is checked “Yes”. Generic Name must be structurally descriptive.)

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

2.1 Generic Chemical Name Provided by Supplier (Important : Maximum of 70 characters, including numbers, letters, spaces, and punctuation.)

*See the TRI Re porting Forms and Instructions m anual for the list of PBT Chemicals (including Dioxin and Dioxin

- like Compounds)

EPA Form 9350

- 2 (Rev. 0 7 /2011 )

- Previo us editions are obsolete. (Make additional copies of this page, if needed)DRAFT Form Approved OMB Number: 2025

- 0009

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

- and

- print form ) Approval Expires : 07 /31/2014 Page 1 of 6


## 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 and Reauthorization Act TRI Facility ID Number

Toxic Chemical, Category , or Generic Name

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 (E nter up to two code(s)) Withdrawal (E nter up to two code(s))

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

PART I . FACILITY IDENTIFICATION INFORMATION

SECTION 1. REPORTING YEAR ________

SECTION 2. TRADE SECRET INFORMATION

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

2.2 Is this copy Sanitized Unsanitized

(Answer only if “Y es ” in 2.1) Yes (Answer question 2.2;

a ttach substantiation forms) No (Do not answer 2.2;

g o to Section 3)

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

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

SECTION 4. FACILITY IDENTIFICATION

4.1 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/State/ZIP Code Country (Non

- US)

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

4.3 Technical Contact Name Telephone Number (include area code)

Email Address

4.4 Public Contact Name Telephone Number (include area code)

Email Address

4.5 NAICS Code(s) (6 digits) Primary

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

4.6 Dun & Bradstreet

Number (s) (9 digits) a.

b.
SECTION 5. Parent Company Information

5.1 Name of U.S. Parent Company
(for TRI Reporting p urpose s ) No U

. S . P arent Company
(for TRI Reporting p urpose s )

5.2 Parent Company’s Dun & Bradstreet

Number NA

EPA form 9350

- 1 (Rev. 0 7 /20 1 1 )

– Previous editions are obsolete.DRAFT Form Approved OMB Number: 2025

- 0009

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

- and

- print form ) Approval Expires : 07 /31/2014 Page 2 of 6



## FORM R

Part II. CHEMICAL

- SPECIFIC INFORMATION TRI Facility ID Number

Toxic Chemical, Category, or Generic Name

SECTION 1. TOXIC CHEMICAL IDENTITY

(Important: DO NOT complete this section if you are reporting a mixture component in Section 2 below.)

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

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

1.3 Generic Chemical Name (Important: Complete only if P art I , Section 2.1 is checked “Y es”. Generic Name must be structurally descriptive.)

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

2.1 Generic Chemical Name Provided by Supplier (Important: Maximum of 70 characters, including numbers, letters, spaces

, and punctuation.)

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

a.  As a reactant

b.  As a formulation component

c.  As an article component

d.  Repackaging

e

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

b.  As a manufacturing aid

c.  Ancillary or other use If P roduce or I mport

c.  For on

- site use/processing

d.  For sale/distribution

e.  As a byproduct

f.  As an impurity

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 ( E nter code) C. Percent f rom Stormwater

5.1 Fugitive or non

- point

air emissions NA 

### 

5.2 Stack or point air

emissions NA 

### 

5.3 Discharges to receiving

streams or water bodies ( E nter 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 attached, indicate the total number of pages in this box

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

EPA form 9350

- 1 (Rev. 0 7 /2011 )

– Previous editions are obsolete. *For Dioxin or Dioxin

- like compounds, report in grams/year. **Range Codes: A= 1

- 10 pounds; B= 11

- 499 pounds; C= 500

- 999 pounds.DRAFT Form Approved OMB Number: 2025

- 0009

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

- and

- print form ) Approval Expires : 07 /31/2014 Page 3 of 6



## FORM R

Part II. CHEMICAL

- SPECIFIC INFORMATION (CONTINUED) TRI Facility ID Number

Toxic Chemical, Category, or Generic Name

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 CHEMICAL IN WASTES TO OFF

- SITE LOCATIONS

6.1 DISCHARGES TO PUBLICLY OWNED TREATMENT WORKS (POTWs) NA 

6.1. B.

_ POTW Name

POT W Address

City County State ZIP

A. Quantity Transferred 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 attached, 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.)

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 reporting facility or parent company? 

###  Yes 

###  No

EPA form 9350

- 1 (Rev. 0 7 /2011 )

– Previous editions are obsolete. *For Dioxin or Dioxin

- like compounds, report in grams/year. **Range Codes: A= 1

- 10 pounds; B= 11

- 499 pounds; C= 500

- 999 pounds.DRAFT Form Approved OMB Number: 2025

- 0009

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

- and

- print form ) Approval Expires : 07 /31/2014 Page 4 of 6



## FORM R

Part II. CHEMICAL

- SPECIFIC INFORMATION (CONTINUED) TRI Facility ID Number

Toxic Chemical, Category, or Generic Name

6.2. TRANSFERS TO OTHER OFF

- SITE LOCATION (CONTINUED)

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

1. 1. 1. M

2. 2. 2. M

3. 3. 3. M

4. 4. 4. M

6.2____ Off

- Site EPA Identification Number (RCRA ID No.)

Off

- Site Location Name:

Off

- Site Address:

City County State Z IP Country (non

- US)

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

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

1. 1. 1. M

2. 2. 2. M

3. 3. 3. M

4. 4. 4. M

SECTION 7A. ON

- SITE WASTE TREATMENT METHODS AND EFFICIENCY
 Not Applicable (NA)

- Check here if no on

- site waste treatment method is applied to any waste stream containing the toxic chemical or chemical category.

a. General Waste Stream ( E nter code ) b. Was te Treatment Method(s) Sequence ( E nter 3

- or 4

- character code(s) ) c . Wa ste Treatment Efficiency ( E nter 2 character code )

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

5

8 7A.1 c

3 4

7 6

7A.2a 7A.2b 1

4 2 7A.2 c

3 5

8 6 7

7A.3a 7A.3 b 1

4

7 2 7A.3 c

3

6 5

8

7A.4a 7A.4b 1

4

7 2

5

8 7A.4 c

3

6

7A.5a 7A.5b 1

4

7 2

5

8 7A.5 c

3

6

If addition al pages of Part II, Section 6.2/7.A are attached, indicate the total number of pages in this box

and indicate the Part II, Section 6. 2/7.A page number in this box. (Example: 1, 2, 3, etc.)

EPA form 9350

- 1 (Rev. 0 7 /2011 )

– Previous editions are obsolete. *For Dioxin or Dioxin

- like compounds, report in grams/year. **Range Codes: A= 1

- 10 pounds; B= 1 1

- 499 pounds; C= 500

- 999 pounds.DRAFT Form Approved OMB Number: 2025

- 0009

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

- and

- print form ) Approval Expires : 07 /31/2014 Page 5 of 6



## FORM R TRI Facility ID Number

Part II. CHEMICAL

- SPECIFIC INFORMATION (CONTINUED) Toxic Chemical, Category

, o r Generic Name

SECTION 7B. ON

- SITE ENERGY RECOVERY PROCESSES
 NA Check here if no on

- site energy recovery is applied to any waste 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 rec ycling is applied to any waste stream containing the toxic chemical or chemical category.

Recycling Methods (E nter 3

- character code(s) )

1

. 2

. 3

.

SECTION 8. DISPOSAL OR OTHER RELEASES, SOURCE REDUCTION, 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

8.1a Total on

- site disposal to Class I Underground Injection Wells,

RCRA Subtitle C landfills, and other landfills

8.1b Total other on

- site disposal or other releases

8.1c Total off

- site disposal to Class I Underground Injection Wells, RCRA Subtitle C landfills, and other landfills

8.1d Total other off

- site disposal or other releases

8.2 Quantity used for energy recovery on

- site

8.3 Quantity used for energy recovery 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 environment 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 newly implemented source reduction activities for this chemical during the reporting year?

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

Source Reduction Activities (Enter code(s)) Methods to 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. 0 7 /2011 )

– Previous editions are obsolete. *For Dioxin or Dioxin

- like compounds, report in grams/year.DRAFT Form Approved OMB Number: 2025

- 0009

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

- and

- print form ) Approval Expires: 07 /31/2014 Page 6 of 6



## FORM R TRI Facility ID Number

Part II. CHEMICAL

- SPECIFIC INFORMATION (CONTINUED) Toxic Chemical, Category , or Generic Name

SECTION 8.11. DISPOSAL O R OTHER RELEASES, SOURCE REDUCTION

, AND RECYCLING ACTIVITIES

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

SECTION 9. MISCELLANEOUS INFORMATION

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

EPA form 9350

- 1 (Rev. 07 /2011 )

– Previous editions are obsolete.EPA Form 9350

- 3

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

- and

- print form ) Form Approved OMB Number: 2025

- 0009 Approval Expires : 07/31/201 4 Page 1 of 4

United States

Environmental Protection Agency 

# FORM R Schedule 1 TRI Facility ID Nu mber



# 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 stre am or water body per box) NA

Fugitive or non

point air emissions Stack or point

air emissions 5.3.1 5.3.2 5.3.3D. Mass (grams) ofeach compound in the category (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 Sec tion 5.3 page number in this box (E xample: 1, 2, 3, etc.)EPA Form 9350

- 3

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

- and

- print form ) Form Approved OMB Number: 2025

- 0009

Approval Expires : 07/31/201 4 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 on

- sit e

5.4.1 NA 5.4.2 NA 5.5.1 A NA 5.5.1B 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 disposalC. Mass(grams) ofeach compound inthe category (1-17) 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17EPA Form 9350

- 3

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

- and

- print form ) Form Approved OMB Number: 2025

- 0009 Approval Expires: 07/31/20 1 4 Page 3 of 4



## 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 (P OTWs) NA

6.1.A.3 Mass (grams) of e ach c ompound in the c ategory (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 .1 or 6.2 are attached, indicate the total number of pages in this bo x

and indicate the Section 6 .1 or 6.2 page number in this box ( E xample: 1, 2, 3, etc.)EPA Form 9350

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

- and

- print form ) Form Approve d OMB Number: 2025

- 0009 Approval Expires: 07/31/201 4 Page 4 of 4



## 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 DIOXI N 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 ot her

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

- s ite Quantity

recycled

on

- site Quantity

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

p rocessesColumn f. Mass (grams) of each compound in thecategory (1-17) 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1760

ICR 2 nd FR Notice 5/11 /1161

ICR 2 nd FR Notice 5/11 /11 APPENDIX B

REPORTING FORMS AND INSTRUCTIONS

ASSOCIATED WITH FORM CHANGES62

ICR 2 nd FR Notice 5/11 /11 Appendix B: Reporting Form R Changes and Associated Instruction Revisions

Last updated: 04/18/11

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 confusion. An overview of changes

made in this version of the Form R itself are listed in Table B

- 1 below. Revisions to the instructions are identified in the subsequent pages using underlined text for new text and strikeout

for deleted text . Sections of the instructions which remain unchanged are not referenced. To review existing instructions, Toxi c Chemical Release Inventory Reporting Forms and

Instructions

– Revised 2009 Version , visit http://www.epa.gov/tri/report/index.htm

.

Revisions to Form R and Form A

Table B

- 1: Overview of Form R and Fo rm A Revisions Please refer to specific sections in the following text for details

Form Revision R ationale Form

1 Replace the NA box in the Parent Company field with ―No U.S. Parent Company (for TRI Reporting purposes)‖ check box (Part I: Sec. 5.1) The NA box is currently used to indicate either a foreign parent company or no U.S. parent. To better facilitate analysis of the TRI data, EPA is replacing the ―NA‖ option for parent company

with a check box that reads ―No U.S. Parent Company (for TRI Repo rting purposes ) .‖ This change will more explicitly promote consistency in reporting the highest level U

. S

. company. 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 POTW s. 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 forms to specify only ―newly implemented‖ source reductions activities (Part II: Sec. 8.10).

° Add an ―NA‖ box to match associated text revisions (Part II: Sec. 8.10)

° Remove the ―Yes‖ box and enlarge the text box for question on Pollution Prevention optional information (Par t II: Sec. 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 only ―newly implemented‖ source reduction

activities. This change on the form will remove this difference, and specify only new activities should be reported. It also provides a larger text box (8.11) where facilities can provide optional information on source reduction, recycling, or pollution control acti vities. R63

ICR 2 nd FR Notice 5/11 /11 4 Add a new question to capture miscellaneous and optional information regardin g 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 appropriate to improve consistency within the form. R (inc luding

R Sch edule 1)

Specific Form and Instruction Revisions

PART 1 FACILITY IDENTIFICATION INFORMATION Section 5. Parent Company Information

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

Instruction Revisions: See underlined and strikeout text which follows.

You must provide information on your parent company. For TRI Reporting purposes

, your parent company i s the highest level U.S. company which directly owns at least 50 percent of the voting stock of your company. If there is no higher level U.S. company, select the ―No U.S. Parent

C ompany (for TRI Reporting purposes)‖ check box. Similarly, if your facility is owned by a foreign entity, and there is no higher level company based in the United States above your facility,

s elect the ―No U.S. Parent Company (for TRI Reporting purposes)‖ check box. 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 corporation but has sites throughout the country whose names begin with Bestchem. In this case, Bestchem Corporation should be listed as the parent company. Note that a facility that is a 50:50 joint venture is its own parent company. When a facility i s owned by more than one company and none of the facility owners directly owns at least 50 percent of its voting stock, the facility should provide the name of the parent company of either the facility operator or the owner with the largest ownership inter est in the facility. If neither the operator nor this owner has a parent company, then

the NA box should be checked.

5.1 Name of Parent Company

Form Revisions: Replaced the NA option for name of parent company with “No Parent Company (for TRI Reporting purposes).”

Instruction Revisions: See underlined and strikeout text which follows.

Enter the name of the corporation or other business entity that is your ultimate highest level U.S.

company (for TRI Reporting purposes)

. If your facility has no parent company, you should check64

ICR 2 nd FR Notice 5/11 /11 the NA box higher level U.S. company , select the ―No Parent Company (for TRI Reporting purposes)‖ check box.

PART II CHEMICAL

- SPECIFIC INFORMATION

Section 5. Quantity of the Toxic Chemical Entering Each Environmental Medium O nsite

5.3 Discharges to Receiving Streams or Water Bodies

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

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

In Section 5.3 you are to enter all the names of the streams or water 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 the name of each receiving stream or surface water body to which the EPCRA Section 313 chemical being reported is directly discharged. Report the

name o f 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 w hich it is publicly known or 2) if the receiving waters are unnamed, enter the first publicly named water 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 in clude all the receiving streams or water bodies that receive stormwater runoff from your facility. Do not enter names of streams to which off

- site treatment plants discharge. You should check the NA box in Section 5.3 .[ ]_ if there are no discharges to

re ceiving 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 Chemical in Wastes to Off

- Site Locations

Form Revision: Disaggregate the “Total Transfers” field and add fields to identify chemical discharge quantitie s 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 Chemical in Wastes to Off

- Site Locations”

In Sub

- Sections titled “NA vs. a Numeric Value (e.g., Zero)” and “Important,” there are minor changes noted below such as changes to the sectio n numbers followed by an

underscore.65

ICR 2 nd FR Notice 5/11 /11 NA vs. a Numeric Value (e.g., Zero). You must enter a numeric value if you transfer an EPCRA Section 313 chemical to a POTW or transfer wastes containing that toxic chemical to other off

- site locations. If the aggrega te amount transferred was less than 0.5 pound, then you should enter zero (unless the chemical is listed as a PBT chemical). Also report zero for transfers of listed mineral acids (i.e., hydrogen fluoride and nitric 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

transf er wastes containing the reported EPCRA Section 313 chemical 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 report a transfer of the EPCRA Sec tion 313 chemical 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 necessar y and then number the boxes consecutively for each POTW (e.g. 6.1.2, 6.1.3, etc.)

. At the bottom of Part II Secti o n 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 chemical 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 boxes consecutively for each off

- site location. At the bottom of Page 4 you will find in structions for indicating the total number 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 chemical to three other off

- site

loca tions. You should photocopy page 4 once, indicate at the bottom of Section 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 numbere d 6.2.1 and 6.2.2, while the box for

the third off

- site location on the second 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 Transfers” field and add fields to identify chemical discharge quantitie s to specific POTW(s); Also a n “NA” box has been added to 6.166

ICR 2 nd FR Notice 5/11 /11 “DISCHARGE(S) TO PUBLICALLY OWNED TREATMENT WORK(S) (POTWs)” In addition, the numbering under 6.1 has changed from 6.1.1 to 6.1.__

.

Instruction Revisions: See underlined and strikeout text which follows.

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

transferred via some other direct meth ods to a POTW. In Section 6.1. [_]A or Section 6.1. [_]B (for columns A and B, respectively) estimate the quantity of the reported EPCRA Section 313 chemical transferred to each POTW and the basis upon which the estimate was made, respectively

.

If you do not discharge wastewater containing the reported EPCRA 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 renamed “Column A Quantity Transferred to

This POTW”

See underlined and strikeout 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 m ay report a range by entering the appropriate range code (ra nge 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 wastewater transferred to each POTW. You should enter one of the following letter codes that applies to the method b y 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.67

ICR 2 nd FR Notice 5/11 /11 M2 Estimate is based on periodic or random monitoring data or measurements for the EPCRA

Section 313 chemical.

C Estimate is based on mass balance calculations, such as calculation of the amount of the EPCRA Section 313 chemical in streams entering and leaving process equipment.

E1 Estimate is based on published emission factors, such as t hose relating release quantity to through

- put or equipment type (e.g., air emission factors).

E2 Estimate is based on

- site specific 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 efficiency to a waste stream, e ven if the composition of the stream before treatment was fully identified through 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, Source 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, Source Reduction, and Recycling Activities ”

8.10 Did Your Facility Engage in Any Source Reduction Activities (newly implemented) For this Chemical During the Reporting Year? If So, Complete the Following Section; If Not, Check NA

Form Revisions: Section 8 enh ancements (see also below)

Question changed from “Did your facility engage in any source reduction 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 sou rce reduction activities (newly implemented) for this chemical during the reporting year? If so, complete the following section; if not,

check NA”. An “NA” box has replaced the “Yes” and “No” boxes in 8.10.

.

Instruction Revisions: See underlined and strikeout text which follows68

ICR 2 nd FR Notice 5/11 /11 Section 8.10 must be completed if a source reduction activity was newly implemented specifically (in whole or in part) at your for the reported EPCRA Section 313 chemical during the reporting

year. If your facility did no t implement any new source reduction activity for the reported EPCRA Section 313 chemical, enter check the NA box in Section 8.10

. If your facility implemented new

any source reduction activity for the reported EPCRA Section 313 chemical during the report ing year, report the activity or activities that were implemented in 8.10.1 through 8.10.4. Source

reduction activity codes must be entered in the first column. See more detailed information about these codes in the reporting instructions section below ti tled, ―Source Reduction Activities.‖ Include activities which were newly implemented during the reporting year. An activity is considered newly implemented if it went into effect during this reporting year.

Section 8.11 If You Wish to Submit Additio nal Optional 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 question on Pollution Prevention optional information; question has changed from “If you wish to submit additional optional information on source reduction, recycling, or pollution control activities, check

“Yes” t o “If you wish to submit additional optional information on source reduction, recycling, or pollu tion control activities, provide it here.”

Instruction Revisions: Section Heading has changed from “Is Additional Optional Information on Source Reduction, Recycling, or Pollution Control Activities Included with this Report?” to “Disposal of other relea ses, source reduction, and recycling activities.” Text regarding mailing instructions h 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, re cycling, or pollution control activities 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 repor t, you can use the pull

- down text box feature to describe your source reduction, 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 Fairfax, VA 22038

To submit hard

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

address:69

ICR 2 nd FR Notice 5/11 /11 CGI Federal, Inc. c/o EPA Reporting Center

12601 Fair Lakes Circle Fairfax, VA 22033

All information submitted in hard

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

If there is a contact person at th e facility other than the technical or public contact provided in Part I, Section 4, the summary page should include that person’s name and telephone number for individuals who wish to obtain further information about those activities. Also submit a copy o f this additional information to the appropriate state 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 information about in novative and effective source reduction activities. In addition, the Agency wishes to encourage reporters to provide enough detailed information about their most effective source reduction activities 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 Additional Information for your Form R Report

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

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

Your facility may provide additional informat ion pertaining to any portion of your Form R submissions in the box provided on the hard

- copy form, or in the drop

- down text box provided in

TRI

- MEweb . Your submissions to Section 9.1 regarding miscellaneous, additional, optional information may provide the Agency and/or the public with useful data that helps explain why your facility submitted data in one or more data elements that might appear unusual or inconsistent with previous TRI Form R submissions or with other data supplied by your facility durin g this reporting year. Such additional data may help EPA reduce the need for additional data quality

control , as well as additional TRI

- related enforcement and compliance efforts. Do not submit information you consider to be CBI or otherwise protected on your Form R.70

ICR 2 nd FR Notice 5/11 /11 APPENDIX C INFORMATION SOURCES CONTAINING DATA SUBSETS, BUT NOT

COMPREHENSIVELY COMPARABLE ALTERNATIVES TO TRI DATAICR 2 nd FR Notice 5 / 11 /11 71 Appendix C

Information Sources Containing Data Subsets, but not Comprehensively Comparable Alternatives to TRI Data
(TRI Included for Comparison)

Description Chemical Coverage Industry/Facility Coverage Reporting

Frequency Public Access

TRI DATA

EPCRA § 313 requires facilities to submit reports on disposal and releases of particular toxic chemicals exceeding a given threshold. The reports provide information on the quantity of chemical released into the environment, to which medium (air, land, water) the chem ical was disposed, as well as information about waste management and

the amount of chemicals stored on

- site. TRI contains

information on releases, transfers, and pollution prevention activities

for 5 93 individually

listed chemicals and

30 chemical categories

—

totaling

to 6 82 toxic

chemicals. O f these

chemicals , 183 are classified as

hazardous air pollutants (HAPs). NAICS codes

corresponding to SIC

codes 20

- 39, as well as 10; 12; 4911, 4931, and
4939; 4953; 5169; 5171;

and 7389.

A facility need only report if it has 10 more

F ull T ime

E quivalents (FTEs) Annual EPA compiles the TRI data and makes them available through several data access tools, including the TRI Explorer and Envirofacts. Other organizations also make the data available to the public th rough

their own data access tools.

AIR EMISSIONS (SECTIONS 5.1 AND 5.2) National Emissions Inventory (NEI) NEI provides estimates of man

- made pollutant emissions from stationary sources,

as well as area sources and mobile sources. These estimates, submitted to EPA by delegated authorities (state or county), electric utilities, and/or generated by EPA

from vario us sources, differ in the 6 CAPs and 189

HAPs No NAICS limitations Triennial MS Access database files can be

downloaded from EPA’s Web site.ICR 2 nd FR Notice 5 / 11 /11 72 Description Chemical Coverage Industry/Facility Coverage Reporting

Frequency Public Access

methodology used. Air Facility System (AFS) AFS contains compliance and permit data for stationary sources of air pollution regulated by U.S. EPA, and state and local air pollution agencies. N/A No NAICS limitations Annual Can be accessed through EPA data access tools, Envirofacts or the Enforcement and Compliance History Online (ECHO) database, on a facility

- by

- fac ility basis.

State Air Emissions Inventories Several states and regional agencies

maintain their own air emissions inventories. However, the amount of data as well as the types of data elements collected vary widely

from state to state. Varies widely (e.g.,

the California Air

Resources Board

maintains its own list of approx. 400 toxic air pollutants) Varies, but states often

develop their own toxics

inventories due to their specific needs. Varies Most of these data are submitted to
NEI, and some are a vailable on the

Web on a state

- by

- state basis.

Title V Part 70 Operating Permits
Under the 1990 Clean Air Act Amendments, facilities designated as "major sources" and facilities otherwise subject to § 112 and Title

V must apply for a Title V Part 70 Operating Permit. As part of the application for a Title V permit, some facilities may have to report

emissions of air toxics. 189 HAPs No NAICS limitations At the time of permit application, renewal, and

modification

—
perm its are typically renewed every 5 years No central repository for the

information.

DIRECT DISCHARGES TO WATER (SECTION 5.3) Permit Compliance System (PCS) PCS is a national information management system that tracks implementation of the National Pollutant Discharge Elimination System (NPDES) program, authorized by the Clean Water Act. PCS tracks permit issuance, permit limits, self

- monitoring data, complianc e data and other data pertaining to facilities regulated under NPDES. PCS has Monitoring data for major dischargers includes only

chemicals for which a monitoring requirement has

been set in the permit

— a facility's No NAICS limitations Major permittees

must submit

D ischarge

M onitoring Reports (D MRs ) monthly or quarterly; non

major permittees Can be accessed through EPA data

access tools, Envirofacts, ECHO, or the Integrated Compliance Information System ICIS

- NDPES, on a facility

- by

- facility basis.ICR 2 nd FR Notice 5 / 11 /11 73 Description Chemical Coverage Industry/Facility Coverage Reporting

Frequency Public Access

been modernized to the Integrated Compliance Information System (ICIS) as ICIS

- NPDES. record may not

include all pollutants actually discharged must submit at least annually

UNDERGROUND INJECTION AND LAND DISPOSAL ON

- SITE (SECTIONS 5.4 AND 5.5) RCRA Biennial Reports Section 3002(a)(6) of the Resource Conservation and Recovery Act (RCRA) requires EPA to develop a program for hazardous waste generators to report the

nature, quantities, and disposition of hazardous waste generated at least once every two years. In addition, section 3004(a)(2) of RCRA requires treatment, storage and disposal facilities (TSDFs) to submit a report on the wastes that they

receive from off

- site. Th e biennial Hazardous Waste Report (also known as the ―Biennial Report‖) was implemented in 1985 to comply with these requirements. The Biennial Report form (8700

- 13A/B)

must be submitted to the authorized state agency or the EPA Regional Office by

March 1s t of every even

- numbered year.

The form includes information such as the facility's RCRA ID number, the name and address of the facility, the quantity of

hazardous waste sent to each TSDF in

the U nited States and the manner in which

the waste was treated d uring the previous

year. Biennial Reports

contain data on

hazardous wastes as defined by RCRA and reported by

waste codes

– not all of which map directly to a single, unique chemical. No NAICS limitations;

however, certain waste categories are excluded (e.g., mining and agriculture) Biennial Can be accessed through EPA data access tools, Envirofacts, or RCRAInfo, on a facility

- by

- facility

basis.

DISCHARGES TO A POTW (SECTION 6.1)ICR 2 nd FR Notice 5 / 11 /11 74 Description Chemical Coverage Industry/Facility Coverage Reporting

Frequency Public Access

RCRA Biennial Reports (BR) Biennial Reports require some reporting of discharges to POTWs. (See above for more details.) See above See above See above See above

Permit Compliance System (PCS) PCS allows for reporting of indirect discharges to water. (See above for more details.) See above See above See above See above

TRANSFERS TO OTHER OFF

- SITE LOCATIONS (SECTION 6.2) RCRA Biennial Reports (BR) Biennial Reports contain hazardous waste data from large quantity generators and TSDFs. Biennial Reports also require reporting of off

- site transfers on Form GM.

Information includes the RCFA ID of the facility to which the waste was shipped, the

processes used to treat, recycle, or dispose of

the waste at the off

- site facility, the off

- site availability code, and the total quantity of waste shipped during the report year. The reports also provide data on the volume of hazardous waste shipped off

- site for l and disposal, a release end

- point of relevance to

TRI . (See above for more details.) See above See above See above See above

CHEMICAL STORAGE AND INVENTORY DATA (SECTION 4.1)

EPCRA § 312 Tier I and II Reports

EPCRA § 312 requires that states establish plans for local chemical emergency preparedness and that inventory information on hazardous chemicals be reported by

facilities to state and local authorities. Hazardous or extremely

hazardous

substances (essentially any substance that poses a health or ph ysical No NAICS exemptions

for facilities that are

covered under the reporting threshold requirements, but

facilities not included

under OSHA’s Hazard Annual On a facility

- by

- facility basis, by forwarding a written request.ICR 2 nd FR Notice 5 / 11 /11 75 Description Chemical Coverage Industry/Facility Coverage Reporting

Frequency Public Access

hazard) Communication Sta ndard

(e.g., mines) do not have

to file Risk Management Plan (RMP) Under the authority of section 112(r) of the

Clean Air Act , the Chemical Accident

Prevention Provisions require facilities that produce, handle, process, distribute, or store certain chemicals to develop a Risk Management Program, prepare a Risk Manag ement Plan (RMP), and submit the

RMP to EPA. Covered facilities were initially required to comply with the rule in 1999, and the rule has been amended on several occasions since then, most recently

in 2004. These plans include information

about chemical am ounts stored or processed

at RMP facilities. Certain flammable

and toxic substances No NAICS limitations At least every five years, or

within six months

of an incident Restricted access: RMP

information may be accessed via the Federal Reading Rooms

POLLUTION PREVENTION DATA (SECTIONS 8.1

- 8.7) RCRA Biennial Reports (BR) Biennial Reports contain pollution prevention information on hazardous waste from large quantity generators and TSDFs. Data are collected primarily by states, and are collated by EPA. (See above for more details.) See above See above See above See above

State Environmental Agency Databases

At least t wo states, New Jersey and Massachusetts, have passed laws to collect pollution prevention data on materials accounting that exceed that found in Section

8 of Form R. Several other states may also require cert ain TRI filers (based on chemical Include more industries

than TRI Annual At this time, there is no central source for state collected pollution prevention data. Individua l states may make plans available to the public.ICR 2 nd FR Notice 5 / 11 /11 76 Description Chemical Coverage Industry/Facility Coverage Reporting

Frequency Public Access

thresholds and industry sector) to submit annual P2 plans with their TRI reports. EMERGENCY RELEASE DATA (SECTION 8.8) National Response Center (NRC)

NRC collects real

- time information about virtually all oil and chemical spills throughout the U nited States to identify spills for which to coordinate emergency

response. Oils and chemicals No source exemptions Real

- time Historical information about spills can be retrieved through the NRC online query system: Http://www.nrc.uscg.mil/foia.html.

STATE RIGHT

- TO

- KNOW PROGRAMS Several states require expanded state TRI reporting to include industries/facilities not covered by TRI or to report release information beyond that required by the federal TRI Program (e.g., Arizona, Massachusetts, Minnesota, and W isconsin ). Varies by state, but

often identical to

TRI Varies, but may include

more industries than TRI Annual No central repository for the information. Accessibility varies by state.ICR 2 nd FR Notice 5 / 11 /11 77 Appendix C References:

Abt Associates, ―Comparison of Toxics Release Inventory and the Permit Compliance System,‖ (2005).

Abt Associates, ―Comparison of Toxics Release 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 Networ k, 1996. "Regional Air Pollutant Inventory Development System," Information from Great Lakes Information Network Web site: http://www.glc.org/projects/air/rapids/rapids.html http://www.glc.org

.

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

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

Massachusetts Department of Environmental Protection, 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 Agen cy. Chemicals in Communities: Public Data and Evaluation. http://www.pca.state.mn.us/index.php/ topics/preventing

- waste

- and

- pollution/p2

- pollution

prevention/reducing

- toxicity/chemicals

- in

- communities.html

Seitz, John S., Director OAQPS, 1995. Memorandum: "Title V Permitting for Non

- major Sources

in Recent § 112 Maximum Achievable Control Technology ( MACT) Standards," May 16, 1995.

U.S. EPA, 1991. 1991 Hazardous Waste Report: Instructions and Forms. EPA Form 8700

- 13A/B (5

- 80) revised 8

- 91.

U.S. EPA, 1994. "National Analysis: The Biennial RCRA Hazardous Waste Report (Based on 1991 Data)." September 199 4.

U.S. EPA, 1995a. Information from the AIRS AFS Home Page: http://www.epa.gov/docs/airs/afs.html).ICR 2 nd FR Notice 5 / 11 /11 78 U.S. EPA, 1995e. "User's Guide to Federal Accidental Release Databases," 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 National Biennial RCRA Hazardous Waste Report (Based On 2003 Data)" http://www.e pa.gov/epaoswer/hazwaste/data/br03/

.

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

2006.

Wisconsin Department of Natural Resources. Toxics Release Inventory (SARA Form R) Reporting. http://dnr.wi.gov/air/emission/crs/crs_help_tri.htmICR 2 nd FR Notice 5 / 11 /11 79 APPENDIX D

TRI CONSUL T ATION MEETINGSICR 2 nd FR Notice 5 / 11 /11 80 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 Securit y 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 Perspectiv es on Improving the TRI Database

Attendees:

Nucor Corp

SSABICR 2 nd FR Notice 5 / 11 /11 81 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 Mining, and Environmental Justice Participa nts 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 AllianceICR 2 nd FR Notice 5 / 11 /11 82ICR 2 nd FR Notice 5 / 11 /11 83 APPENDIX E FACILITIES REQUIRED TO REPORT TO TRI (NAICS)ICR 2 nd FR Notice 5 / 11 /11 84 Table E

- 1 Facilities Required to Report to TRI (NAICS) (Corresponding to SIC codes 20 through 39)

Subsector

or Industry

Code

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, Combination Utility Services Not Elsewhere Classified);

311 Except 311119

- Exception is limited to fac ilities primarily engaged in Custom Grain Grinding for Animal Feed

(previously classified under SIC 0723, Crop Preparation Services for Market, Except Cotton Ginning);

Except 311330

- Exception is limited to facilities primarily engaged 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 engaged in the ret ail 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 classified 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 Veterinary, Slaughtering, custom: for individuals);

Except 31 1612

- Exception is limited to facilities primarily engaged in the cutting 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 l imited 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 Servi ces (previously classified under SIC 7389, Business Services, NEC);

313 Except 313311

- Exception is limited to facilities primarily engaged in converting broad woven piece goods and broad

woven textiles (previously classified under SIC 5131, Piece Goods Notions, and Other Dry Goods, broad woven and

non

- broad woven piece good converters), and facilities primarily 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 converting 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, Drapery, Curtain, an d Upholstery Stores);

Except 314129

- Exception is limited to facilities primarily engaged in making custom slipcovers for retail sale (previously classified under SIC 5714, Drapery, Curtain, and Upholstery Stores);

Except 314999

- Exception is limited to facilities primarily engaged in binding carpets and rugs for the trade, carpet cutting and binding, and embroidering on textile products (except apparel) for the trade (previously classified under SIC 7389, Business Services Not Elsewhere Classified, Em broidering of advertising on shirts and Rug binding for the trade);

315 Except 315222

- Exception is limited to custom tailors primarily engaged in making and selling men's and boys' suits,

cut and sewn from purchased fabric (previously classified under S IC 5699, Miscellaneous Apparel and Accessory Stores (custom tailors));

Except 315223

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

Except 315233

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

316

321ICR 2 nd FR Notice 5 / 11 /11 85 322

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, Photocopying and Dupli cating Services (instant printing));

324

325 Except 325998

- Exception is limited to facilities primarily engaged in aerosol can filling on a job order or contract

basis (previously classified under SIC 7389, Business Services, NEC (aerosol packaging));

326 Except 326212

- Tire Retreading (previously classified under SIC 7534, Tire Retreading and Repair Shops

(rebuilding));

327 Except 327112

- Exception is limited to facilities primarily engaged in manufacturing and selling pottery on site

(previously classified under SIC 5719, Miscellaneous Homefurnishing Stores);

331

332

333

334 Except 334611

- Exception is limited to software reproduc ing (previously classified under SIC 7372, Prepackaged

Software, (reproduction of software));

Except 334612

- Exception is limited to facilities primarily engaged in mass reproducing pre

- recorded Video cassettes, and mass reproducing Video tape or disk (p reviously classified under SIC 7819, Services Allied to Motion Picture Production (reproduction of Video));

335 Except 335312

- Exception is limited to facilities primarily engaged in armature rewinding on a factory basis

(previously classified under SIC 7694 (Armature 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 retail sale of household furniture and facilities that manufacture custom made upholstered househo ld furniture (previously classified under SIC 5712, Furniture Stores (upholstered, custom made furniture));

Except 337122

- Exception is limited to facilities primarily engaged in the retail sale of household furniture and

facilities that manufacture nonu pholstered, household type, custom 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 m anufacturing orthopedic devices to

prescription in a retail environment (previously classified under SIC 5999 Miscellaneous retail stores, NEC);

Except 339115

- Exception is limited to lens grinding facilities that are primarily engaged in the retail sale of eyeglasses and contact lenses to prescription for individuals (previously classified under SIC 5995, Optical Goods Stores (optical laboratories grinding of lenses to prescription));

Except 339116

- Dental Laboratories (previously classified 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 s ulfur from natural gas (previously classified under SIC 2819, Industrial Inorganic

Chemicals, NEC (recovering sulfur from natural gas));

212324 Limited to facilities operating without a mine or quarry and that are primarily engaged in beneficiating kaolin and clay

(previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated (grinding, washing, separating, etc. of mineral s in SIC 1455));

212325 Limited to facilities operating without a mine or quarry and that are primarily engaged in beneficia ting clay and

ceramic and refractory minerals (previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise

Tre ated (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 Earth s, Ground or Otherwise

Treat ed (grinding, washing, separating, etc. of minerals in SIC 1479));

212399 Limited to facilities operating without a mine or quarry and that are primarily engaged in beneficiating nonmetallic

miner als (previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated (grinding, washing, separating, etc. of minerals in SIC 1499));

488390 Limited to facilities that are primarily engaged in providing routine repair and maintenance of ships and boats from

floating drydocks (previously classified under SIC 3731, Shipbuilding and Repairing (floating drydocks not associatedICR 2 nd FR Notice 5 / 11 /11 86 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, catalog 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 Excep t facilities primarily engaged in music copyright authorizing use, music copyright buying and licensing, and

music publishers working on their own account (previously classified under SIC 8999, Services, NEC (music publishing));

51 9 1 3 0 Limited to facilities primarily engaged in Internet newspaper publishing (previously classified under SIC 2711,

Newspapers: Publishing, or Publishing and Printing), Internet periodical publishing (previously classified under SIC 2721, Periodicals: Publishing, or Publ ishing and Printing), Internet book publishing (previously classified under SIC 2731, Books: Publishing, or Publishing and Printing), miscellaneous 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 guided missile and space vehicle engine research and development

(previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion Units and Propulsion Unit Parts), and in guided missile and space vehicle parts (except engines) research and development (previously classified under SIC 3769, Guided Missile and Space Vehicle Parts and Auxiliary Equipment, Not Elsewhe re Classified);

811490 Limited to facilities that are primarily engaged in repairing and servicing pleasure and sail boats without retailing new

boats (previous ly 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 other 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 Limite d 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 under

SIC 7389, Business Services, NEC);ICR 2 nd FR Notice 5 / 11 /11 87 562211 Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U. S.C. 6921 et seq

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

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

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

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

.