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Toxic Chemical Release Reporting; Alternate Threshold for Low Annual Reportable Amounts; Request for Comment on ICR Renewal; (Form A) EPA ICR Number 1704.08, OMB Control Number 2070-0143
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Notices]
[Page 47195-47197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-68]
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ENVIRONMENTAL PROTECTION AGENCY
[OEI-2005-0007; FRL-7951-6]
Toxic Chemical Release Reporting; Alternate Threshold for Low
Annual Reportable Amounts; Request for Comment on ICR Renewal; (Form A)
EPA ICR Number 1704.08, OMB Control Number 2070-0143
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit a
continuing Information Collection Request (ICR) to the Office of
Management and Budget (OMB) pursuant to the procedures described in 5
CFR 1320.12: Alternate Threshold for Low Annual Reportable Amounts,
Toxic Chemical Release Reporting (EPA ICR No. 1704.08, OMB No. 2070-
0143). ICR Number 1704.08, OMB Control Number 2070-0143 involves the
reporting and record keeping requirements associated with reporting
under the alternate threshold for reporting to the Toxics Release
Inventory (TRI), which appear in 40 CFR part 372. This ICR involves a
collection activity that is currently approved and scheduled to expire
on January 31, 2006.
DATES: Comments, identified by the docket control number OEI-2005-0007,
must be submitted on or before October 11, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. OEI-2005-
0007, by one of the following methods:
1. Agency Web site: http://www.epa.gov/edocket. EDOCKET, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
2. Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
3. E-mail: oei.docket@epa.gov.
4. Fax number: 202-566-0741.
5. Mail: Office of Environmental Information (OEI) Docket,
Environmental Protection Agency, Mail Code: 28221T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Attention Docket ID No. TRI-2005-0007.
6. Hand Delivery: EPA Docket Center, (EPA/DC) EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC 20004, telephone: 202-566-
1744, Attention Docket ID No. TRI-2005-0007. Such deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. OEI-2005-0007.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://
www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information for which disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: EPA has established an official public docket for this
action under Docket ID No. OEI-2005-0007. The public docket contains
information considered by EPA in developing this ICR. In addition,
interested parties should consult documents that are referenced in the
documents that EPA has placed in the docket, regardless of whether
these referenced documents are electronically or physically located in
the docket. For assistance in locating documents that are referenced in
documents that EPA has placed in the docket, but that are not
electronically or physically located in the docket, please consult the
person listed in the following FOR FURTHER INFORMATION CONTACT section.
All documents in the docket are listed in the EDOCKET index at: http://
www.epa.gov/edocket. Although listed in the index, some information
is not publicly available, e.g., CBI or other information for which
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET, or in hard
copy at the OEI Docket, EPA/DC, EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The 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 Public Reading Room is 202-566-1744, and the
telephone number for the OEI Docket is 202-566-1752.
FOR FURTHER INFORMATION CONTACT: Cassandra Vail, Toxics Release
Inventory Program Division, Office of Information Analysis and Access
(2844T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: 202-566-0753; fax number: 202-
566-0741; e-mail: vail.cassandra@epa.gov.
SUPPLEMENTARY INFORMATION:
General Information
A. Does This Notice Apply to Me?
This document applies to facilities that submit annual reports
under section 313 of the Emergency Planning and Community Right-to-Know
Act (EPCRA). It specifically applies to those who submit the TRI Form A
Certification Statement. (See http://epa.gov/tri/report/index.htm#forms
for detailed information about EPA's TRI reporting forms.) To determine
whether your facility would be affected by this action, you should
carefully examine the applicability criteria in part 372 subpart B of
Title 40 of the Code of Federal Regulations. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
This document also is relevant to those who utilize EPA's TRI
information, including State agencies, local governments, communities,
environmental groups and other non-governmental organizations, as well
as members of the general public.
B. How Can I Get Additional Information or Copies of This Document and
Other Support Documents?
a. In Person
The Agency has established an official public docket for this
action under
[[Page 47196]]
Docket ID No. OEI-2005-0007. The official public docket consists of the
documents specifically referenced in this action, any public comments
received, and other information related to this action. Although a part
of this official docket, the public docket does not include
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. The official public docket is the
collection of materials that is available for public viewing at the OEI
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. 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 Public
Reading Room is (202) 566-1744, and the telephone number for the OEI
Docket is (202) 566-1752.
b. Electronic Availability
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public dockets, and access those documents in the public docket that
are available electronically. Once in the system, select either ``quick
search or advanced search,'' then key in the appropriate docket
identification number (i.e., OEI-2005-0007). Electronic copies of the
ICR and the proposed Form A are available at this site. An electronic
copy of the existing Form A and instructions for its completion are
available at http://www.epa.gov/tri/report/index.htm#forms. The new
Form A differs from the existing one in that certain changes were
promulgated relating to the form in the Forms Modification Rule (70 FR
39931). These changes eliminated certain fields from the Form A.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket
visit EPA Dockets online at http://www.epa.gov/edocket/ or see 67 FR
38102, May 31, 2002.
C. How and to Whom Do I Submit Comments?
1. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the notices/rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
a. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
b. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
c. Describe any assumptions and provide any technical information
and/or data that you used.
d. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
e. Provide specific examples to illustrate your concerns, and
suggest alternatives.
f. Explain your views as clearly as possible.
g. Make sure to submit your comments by the comment period deadline
identified.
2. Submitting CBI. Do not submit information that you consider to
be CBI electronically through EPA's electronic public docket or by e-
mail. Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address only, and not
to the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Attention: OEI Document Control
Officer, Mail Code: 2822T, U.S. EPA, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). EPA will disclose information
claimed as CBI only to the extent allowed by the procedures set forth
in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Information Is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(a) of the Paperwork Reduction Act
(PRA), EPA specifically solicits comments and information to enable it to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
E. To What Information Collection Activity or ICR Does This Notice Apply?
EPA is seeking comments on the following ICR, as well as the
Agency's intention to renew the corresponding OMB approval, which is
currently scheduled to expire on January 31, 2006.
Title: Toxic Chemical Release Reporting; Alternate Threshold for
Low Annual Reportable Amounts; Request for Comment on ICR Renewal.
Abstract: EPCRA section 313 requires certain facilities
manufacturing, processing, or otherwise using certain toxic chemicals
in excess of specified threshold quantities to report their
environmental releases of such chemicals annually. Each such facility
must file a separate report for each such chemical.
In accordance with the authority in EPCRA, EPA has established an
alternate threshold for those facilities with low amounts of a listed
toxic
[[Page 47197]]
chemical in wastes. A facility that otherwise meets the current
reporting thresholds, but estimates that the total amount of the
chemical that is released, disposed of, treated, recycled, or combusted
for energy recovery does not exceed 500 pounds per year, and that the
chemical was manufactured, processed, or otherwise used in an amount
not exceeding 1 million pounds during the reporting year, can take
advantage of reporting under the alternate threshold option for that
chemical for that reporting year.
Each qualifying facility that chooses to apply the alternate
threshold may file the Form A Certification Statement (EPA Form 9350-2)
in lieu of a complete TRI reporting Form R (EPA Form 9350-1). In
submitting the Form A Certification Statement, the facility certifies
that the sum of the amount of the EPCRA section 313 chemical released,
disposed of, treated, recycled, or combusted for energy recovery not
exceed 500 pounds for the reporting year, and that the chemical was
manufactured, processed, or otherwise used in an amount not exceeding 1
million pounds during the reporting year. Use of the Form A
Certification Statement represents a substantial savings to
respondents, both in burden hours and in labor costs. The new Form A
differs from the existing one in that certain changes were promulgated
relating to the form in the Forms Modification Rule (70 FR 39931).
These changes eliminated certain fields from the Form A.
The Form A Certification Statement provides communities with
information that the chemical is being manufactured, processed or
otherwise used at facilities. Additionally, the Form A Certification
Statement provides compliance monitoring and enforcement programs and
other interested parties with a means to track chemical management
activities and verify overall compliance with the rule. Responses to
this collection of information are mandatory (see 40 CFR part 372) and
facilities subject to reporting must submit either a Form A
Certification Statement or a Form R.
F. What Are EPA's Burden and Cost Estimates for This ICR?
Burden Statement: Burden means 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,
install, 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 applicable
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. The annual public burden for this collection of
information, which is approved under OMB Control No. 2070B0143, is
estimated to average 20.6 hours per form for facilities submitting a
Form A certification statement for a single listed non-PBT chemical.
The ICR supporting statement provides a detailed explanation of the
burden estimates that are summarized in this notice. The following is a
summary of the estimates taken from the ICR supporting statement:
Estimated No. of Respondents: 5000 respondents. Frequency of Responses:
Annual. Estimated Total Annual Burden Hours: 259,192 burden hours.
Estimated Total Annual Burden Costs: $11.9 million.
G. What Are the Proposed Changes to This ICR?
Only a very minor adjustment to reflect the impacts of the
previously mentioned Forms Modification Rule has been made to the ICR.
No modeling or other changes are proposed. EPA is seeking a two-year
renewal of the current EPA ICR No. 1704.07.
H. Are There Changes in the Estimates From the Last Approval?
The only changes proposed are the incorporation of reductions
resulting from the Forms Modification Rule.
I. What Is the Next Step in the Process for This ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person(s) listed in the FOR
FURTHER INFORMATION CONTACT section above.
Dated: August 4, 2005.
Michael P. Flynn,
Director, Office of Information Analysis and Access.
[FR Doc. 05-16039 Filed 8-11-05; 8:45 am]
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