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, 47195-47197 [05-16039]
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Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
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
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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: https://
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:
https://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
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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 https://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 email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
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: https://www.epa.gov/edocket.
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47195
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 https://
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 nongovernmental 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
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Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
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 https://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 https://
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 https://www.epa.gov/
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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
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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
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Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
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
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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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47197
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–7951–8]
Proposed Settlement Agreement,
Clean Air Act Citizen Suit
Environmental Protection
Agency (EPA).
ACTION: Notice of Proposed Settlement
Agreement; Request for Public
Comment.
AGENCY:
SUMMARY: In accordance with section
113(g) of the Clean Air Act, as amended
(‘‘Act’’), 42 U.S.C. 7413(g), notice is
hereby given of a proposed settlement
agreement, to address a lawsuit filed by
Sierra Club: Sierra Club v. Johnson, No.
05CV00750 (ESH) (D.D.C.). On or about
April 13, 2005, Sierra Club filed a
complaint alleging that EPA had a
mandatory duty to provide a valid
response within 60 days to Sierra Club’s
Title V petition and to respond to the
remand of the United States Court of
Appeals for the Eleventh Circuit in the
case of Sierra Club v. Leavitt, 368 F.3d
1300 (11th Cir. 2004). Sierra Club had
filed a petition seeking EPA’s objection
to the Clean Air Act Title V operating
permit for the Oglethorpe Power
Corporation’s Wansley Combined Cycle
Energy Facility issued by the Georgia
Environmental Protection Division. EPA
denied the petition in an Order dated
November 15, 2002. Sierra Club
appealed to the Eleventh Circuit, which
vacated EPA’s Order and remanded to
the agency for further consideration.
Under the terms of the proposed
settlement agreement, EPA has agreed to
respond to the remand by September 15,
2005, and Sierra Club has agreed to
dismiss its suit with prejudice. In
addition, under the proposed
settlement, EPA would make a payment
to Sierra Club in settlement of its claims
for attorneys’ fees in this matter.
DATES: Written comments on the
proposed settlement agreement must be
received by September 12, 2005.
ADDRESSES: Submit your comments,
identified by docket ID number OGC–
2005–0012, online at https://
www.epa.gov/edocket (EPA’s preferred
method); by e-mail to
oei.docket@epa.gov; mailed to EPA
Docket Center, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; or by
hand delivery or courier to EPA Docket
Center, EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC, between 8:30 a.m. and 4:30 p.m.
Monday through Friday, excluding legal
holidays. Comments on a disk or CD–
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]]>Agencies
[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47195-47197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16039]
[[Page 47195]]
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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.
-----------------------------------------------------------------------
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: https://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: https://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: https://
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 https://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 https://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 https://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 https://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]
BILLING CODE 6560-50-P
