Agency Information Collection Activities; Proposed Collections; Toxic Chemical Release Reporting; Request for Comments on Proposed Renewal of Form R and Form A, Including Minor Form Revisions and the Ratio-Based Burden Methodology, 7841-7844 [2011-3100]
Download as PDF
Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Notices
Dated: February 7, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011–3159 Filed 2–10–11; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OEI–2010–0835; FRL–9265–8]
Agency Information Collection
Activities; Proposed Collections; Toxic
Chemical Release Reporting; Request
for Comments on Proposed Renewal
of Form R and Form A, Including Minor
Form Revisions and the Ratio-Based
Burden Methodology
Environmental Protection
Agency.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA)(44
U.S.C. 3501 et seq.), EPA is planning to
submit a request to renew an existing
approved Information Collection
Request (ICR) to the Office of
Management and Budget (OMB). This
ICR is scheduled to expire on July 31,
2011. The ICR Supporting Statement,
which is summarized below and also
posted in the docket, along with a
technical document titled ‘‘Revising TRI
Burden to Ratio-Based Methodology,’’
describes the nature of the information
collection (including proposed form
changes) and its estimated burden and
cost. Before submitting the ICR to OMB
for review and approval, EPA is
soliciting comments on specific aspects
of the proposed information collection
as described below.
DATES: Comments must be submitted on
or before April 12, 2011.
ADDRESSES: Submit your comments,
referencing Docket ID No. EPA–HQ–
OEI–2010–0835, by one of the following
methods:
• U.S. Government Web site for
Federal Rulemaking, follow the on-line
instructions for submitting comments.
• E-mail: oei.docket@epa.gov.
• Fax: 202–566–9744.
• Mail: Office of Environmental
Information (OEI) Docket, U.S.
Environmental Protection Agency, Mail
Code 2822T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
• Hand Delivery: Public Reading
Room, EPA West Building, Room 3334,
1301 Constitution Avenue, NW.,
Washington, DC 20004. Such deliveries
are only accepted during the docket’s
normal hours of operations, 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. Special
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SUMMARY:
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arrangements should be made for
deliveries of boxed information.
Instructions: To submit a comment to
the docket, direct your comments to
Docket ID No. EPA–HQ–OEI–2010–
0835. EPA’s policy is that all comments
received will be included in the public
docket without change and will be made
available online at https://
www.regulations.gov, including any
personal information that has been
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 is considered to be CBI
or otherwise protected information
through https://www.regulations.gov or
e-mail. The https://www.regulations.gov
Web site is an ‘‘anonymous access’’
system, which means that EPA will not
know your identity or contact
information unless you provide it in the
body of your comments. If you send an
e-mail comment directly to EPA without
going through https://
www.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. When
preparing electronic files, avoid using
special characters or any form of
encryption and ensure that the
electronic files to be submitted are free
of any defects or viruses. For additional
information about EPA’s public docket
visit the EPA Docket Center homepage
at https://www.epa.gov/epahome/
dockets.htm.
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; e-mail address,
vail.cassandra@epa.gov.
SUPPLEMENTARY INFORMATION:
Go to https://www.regulations.gov to
obtain a copy of the proposed collection
of information, to submit or view public
comments, to obtain an index of the
docket contents, and to obtain those
documents in the public docket that are
available electronically. Once in the
system, select ‘‘search,’’ then enter the
docket ID number identified in this
document.
The docket is also available for
viewing in person at the OEI Docket,
EPA Docket Center (EPA/DC), U.S. EPA
West Building, Room 3334, 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The phone number for the
Reading Room is 202–566–1744, and the
phone number for the OEI Docket is
202–566–1752.
How can I access the docket and/or
submit comments?
EPA has established a public docket
for the ICR described in this notice
under Docket ID No. EPA–HQ–OEI–
2010–0835, which is available for online
viewing at https://www.regulations.gov.
You may find the following
suggestions helpful for preparing your
comments:
1. Explain your views as clearly as
possible and provide specific examples;
2. Describe any assumptions that you
used;
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In which information is EPA
particularly interested?
Pursuant to section 3506(c)(2)(a) of
the Paperwork Reduction Act (PRA),
EPA specifically solicits comments and
information to enable it to:
1. 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;
2. Evaluate the accuracy of the
Agency’s estimate of the burden of the
proposed collection of information,
including the validity of the new RatioBased Burden Methodology;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. 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
the electronic submission of responses.
In particular, EPA is requesting
comments from very small businesses
(those that employ less than 25) on
examples of specific additional efforts
that EPA could make to reduce the
paperwork burden for very small
businesses affected by this collection.
What should I consider when I prepare
my comments for EPA?
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3. Provide copies of any technical
information and/or data you used that
support your views;
4. If you provide estimates of
potential burden hours or labor costs,
explain how you arrived at your
estimates;
5. Offer alternative ways to improve
the collection activity;
6. Make sure to submit your
comments by the deadline identified
under DATES; and
7. To ensure proper receipt by EPA,
identify the docket ID number assigned
to this action in the subject line on the
first page of your response. You may
also provide the name, date, and
Federal Register citation.
What information collection activity or
ICR does this apply to?
Affected Entities: This ICR applies to
facilities that submit annual reports
under section 313 of the Emergency
Planning and Community Right-toKnow Act (EPCRA) and section 6607 of
the Pollution Prevention Act (PPA). The
applicability criteria are outlined in part
372, subpart B, of Title 40 of the Code
of Federal Regulations, and potentially
affected categories and entities may
include, but are not limited to the
following:
Category
Examples of potentially affected entities
Industry .................................
Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39):
311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*,
339*, 111998*, 211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*,
511191, 511199, 512220, 512230*, 519130*, 541712*, or 811490*.
* Exceptions and/or limitations exist for these NAICS codes.
Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through
39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231,
212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112,
221113, 221119, 221121, 221122, 221330 (Limited to facilities that combust coal and/or oil for the purpose of
generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or
424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products,
Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or
562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920
(Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921
et seq.) (correspond to SIC 4953, Refuse Systems).
Federal facilities.
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Federal Government ............
If you have questions regarding the
applicability of this action to a
particular entity, consult the individual
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
Title: Toxic Chemical Release
Reporting (Form R); Toxic Chemical
Release Reporting, Alternate Threshold
for Low Annual Reportable Amounts
(Form A) and the Ratio-Based Burden
Methodology.
ICR Numbers: EPA ICR No. 1363.21,
OMB Control No. 2025–0009 (TRI Form
R) and EPA ICR No. 1704.13, OMB
Control No. 2025–0010 (TRI Form A
Certification Statement). EPA proposes
to combine these two ICRs into one
overarching ICR, which will retain the
OMB Control No. 2025–0009.
ICR Status: The ICRs for the TRI Form
R and the TRI Form A Certification
Statement are scheduled to expire on
July 31, 2011.
Abstract: Pursuant to section 313 of
EPCRA, certain facilities that
manufacture, process, or otherwise use
specified toxic chemicals in amounts
above reporting threshold levels must
submit annually to EPA and to
designated State officials toxic chemical
release forms containing information
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
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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); TRI data are
made readily available to the public.
Regulations at 40 CFR part 372,
subpart B, require facilities that meet all
of the following criteria to report:
1. The facility has 10 or more fulltime employee equivalents (i.e., a total
of 20,000 hours worked per year or
greater; see 40 CFR 372.3); and
2. The facility is included in a North
American Industry Classification
System (NAICS) Code listed at 40 CFR
372.23 or under Executive Order 13148,
Federal facilities regardless of their
industry classification; and
3. The facility manufactures (defined
to include importing), processes, or
otherwise uses any EPCRA section 313
(TRI) chemical in quantities greater than
the established thresholds for the
specific chemical in the course of a
calendar year.
Facilities that meet the criteria must
file a Form R report or, in some cases,
may submit a Form A Certification
Statement, for each listed toxic chemical
for which the criteria are met. As
specified in EPCRA section 313(a), the
report for any calendar year must be
submitted on or before July 1st of the
following year. For example, reporting
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year 2009 data should have been
submitted and certified on or before July
1, 2010.
The list of toxic chemicals subject to
TRI reporting can be found at 40 CFR
372.65. This list is also published every
year as Table II in the current version of
the Toxics Release Inventory Reporting
Forms and Instructions. The current TRI
chemical list contains 593 chemicals
and 30 chemical categories.
TRI data are used 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 regulatory 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 chemical 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.
The TRI data are unique in providing
a multi-media (air, water, and land)
picture of toxic chemical releases,
transfers, and other waste management
activities by covered facilities on a
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yearly basis. While other environmental
media programs provide some toxic
chemical data and related permit data,
the data are not directly comparable to
TRI data with regard to the types of
chemicals and industry sectors that are
covered or the frequency of reporting.
Facilities that are subject to TRI
reporting must submit reports for each
calendar year to EPA and the States in
which they are located by July 1st of the
following year.
Respondents may claim trade secrecy
for a chemical’s identity as described in
EPCRA Section 322 and its
implementing regulations in 40 CFR
part 350. EPA will disclose information
that is covered by a claim of trade
secrecy only to the extent permitted by
and in accordance with the procedures
in 40 CFR part 350 and 40 CFR part 2.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9 and are
identified on the form and/or
instrument, if applicable.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to be 35.71 hours for Form R
and 21.96 hours for a Form A. 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/verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust existing
ways to comply with any previously
applicable instructions and
requirements that have subsequently
changed; train personnel 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 ICR Supporting Statement
provides a detailed explanation of the
Agency’s estimate for TRI program
burden, including Form R/A burden,
which is only briefly summarized here:
• Estimated total number of
respondents (i.e., facilities): 20,871.
• Frequency of response: Annual.
• Estimated total average number of
responses: 73,727.
• Estimated total average number of
responses for each respondent: 3.53.
• Estimated total annual burden
hours: 3,515,751 hours.
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• Estimated total annual costs:
$174,451,565.
What changes are included in this ICR?
OMB approved the ICR for Form R
and the ICR for the Form A Certification
Statement on March 2, 2008, with
original expiration dates of March 31,
2011. On February 17, 2010, OMB
approved an extension of the expiration
dates for both forms to July 31, 2011.
The OMB approved burden numbers on
March 2, 2008, where 3,217,280 hours
for Form R and 515,901 hours for Form
A, totaling 3,733,181 hours.
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
6,641 hours.
Meanwhile, 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
Reporting Year 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, EPA now estimates
the total number of combined Form R
and Form A responses to be 73,727,
with the associated total annual burden
hours to be 3,515,751, and the annual
cost to be $174,451,565. For a detailed
explanation of the Agency’s estimates of
the respondent reporting burden and
labor costs, please refer to the proposed
TRI Form R and A Supporting
Statement and the document ‘‘Revising
TRI Burden to Ratio-Based
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Methodology,’’ which are available in
the docket.
EPA is interested in comments
regarding methodology revisions
documented in the peer-reviewed
technical document titled, ‘‘Revising TRI
Burden to Ratio-Based Methodology,’’
which is available through the docket.
The revised methodology, Ratio-Based
Burden Methodology (RBBM),
simplifies calculations, imposes internal
consistency, and sharpens transparency
while retaining the components of the
existing methodology and maintaining
the overall total burden estimate as a
starting point. EPA invites comments
specifically regarding evidence that
would quantify the ratio of PBT/nonPBT burden for the TRI reporting
community overall.
Additionally EPA is seeking
comments on an alternate instruction
for the revision of Form R Section 8.11
in which facilities report ongoing and
newly implemented source reduction
activities. The alternate instructions
would limit the scope of ‘‘ongoing
source reduction activities’’ to those
implemented in the previous five years.
EPA is proposing to make several
changes to the TRI reporting forms and
associated instructions, but these
changes are estimated to have a
negligible effect on form unit burden.
The proposed changes, which are
outlined below, are designed to help
enhance the overall utility of the data
collected under the TRI Program.
1. Remove the NA box from the Parent
Company field (Part I: Sec. 5,.5.1)
Rationale: The NA box is currently used
to indicate a foreign parent company.
Removing this box and requiring
facilities to report the highest level U.S.
parent company will facilitate analysis
of the TRI data at the parent company
level.
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). Rationale: The current 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.
3. Section 8 enhancements, including:
• Change instructional statement on
form to include ‘‘newly implemented
and/or ongoing’’ source reduction
activities (Part II: Sec. 8.10).
• Add an N/A box to match
associated text revisions (Part II: Sec.
8.10).
• Add a field to allow separate
reporting for both new and ongoing
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source reduction activities (Part II: Sec.
8.10, 8.10.1–4).
• Remove the ‘‘Yes’’ box and enlarge
the text section for the question on
optional pollution prevention
information (Part II: Section 8.11).
Rationale: The current form requests
information on ‘‘any source reduction
activities for this chemical during the
reporting year;’’ but the Reporting Forms
and Instructions request information on
‘‘newly implemented’’ source reduction
activities. These form changes will
remove this difference, allow facilities
to distinguish between new and ongoing
source reduction activities, and provide
additional optional information on
source reduction, recycling, or pollution
control activities on the form itself (in
box 8.11).
4. Add a new question to capture
miscellaneous and optional information
regarding the submission (Part II: Sec.
9., 9.1). Rationale: This new text box
will allow facilities to provide optional,
miscellaneous information that may be
helpful to EPA and/or the public in
using or interpreting their data (e.g.,
facility closures, explanations for
changes in release quantities, etc.).
5. Add NA boxes to Part II, Sections
5.3, 6.1, and 6.2. Rationale: Adding NA
boxes to these sections will make the
formatting of Form R and Form R
Schedule 1 more consistent.
What is the next step in the process for
these ICRs?
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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. At that time, EPA will issue
another Federal Register notice for the
ICR 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
individual listed under FOR FURTHER
INFORMATION CONTACT.
Dated: February 6, 2011.
Robin Gonzalez,
Acting Director, Office of Information
Analysis and Access, Office of Environmental
Information.
[FR Doc. 2011–3100 Filed 2–10–11; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8995–3]
Environmental Impacts Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information (202)
564–1399 or https://www.epa.gov/
compliance/nepa/.
Weekly receipt of Environmental Impact
Statements.
Filed 01/31/2011 through 02/04/2011.
Pursuant to 40 CFR 1506.9.
Notice
In accordance with Section 309(a) of
the Clean Air Act, EPA is required to
make its comments on EISs issued by
other Federal agencies public.
Historically, EPA met this mandate by
publishing weekly notices of availability
of EPA comments, which includes a
brief summary of EPA’s comment
letters, in the Federal Register. Since
February 2008, EPA has included its
comment letters on EISs on its Web site
at: https://www.epa.gov/compliance/
nepa/eisdata.html. Including the entire
EIS comment letters on the Web site
satisfies the Section 309(a) requirement
to make EPA’s comments on EISs
available to the public. Accordingly, on
March 31, 2010, EPA discontinued the
publication of the notice of availability
of EPA comments in the Federal
Register.
EIS No. 20110032, Final EIS, BLM, WY,
Westside Land Conveyance Project,
Congressionally-Mandated Transfer of
16,500 Acres of Public Land to the
Westside Irrigation District, Big Horn
and Washakie Counties, WY, Review
Period Ends: 03/14/2011, Contact:
Chris Carlton 307–775–6227.
EIS No. 20110033, Final Supplement,
USFS, WY, EIS Title: Bridger-Teton
National Forest, Proposal to
Determine What Terms and
Conditions to Allow Development of
Oil and Gas Leasing in the Wyoming
Range, Sublette County, WY, Review
Period Ends: 03/14/2011, Contact:
John Kuzloski 307–739–5568.
EIS No. 20110034, Draft EIS, FHWA, WI,
U.S. 41 Improvement Project, Extend
from Depere—Suamico (Memorial
Drive to County M), Brown County,
WI, Comment Period Ends: 03/28/
2011, Contact: George Poirier 608–
829–7500.
EIS No. 20110035, Draft EIS, USFS, OR,
North End Sheep Allotment Project,
Proposes to Authorize Grazing
Domestic Sheep, Walla Walla Range
District of the Umatilla National
Forest, Wallowa, Union, and Umatlla
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Counties, OR, Comment Period Ends:
03/28/2011, Contact: Michael L.
Rassbach 509–522–6290.
Amended Notices
EIS No. 20100444, Final EIS, BLM, NV,
Tonopah Solar Energy Crescent Dunes
Solar Energy Project, a 7,680–Acre
Right-of-Way (ROW) on Public Lands
to Construct a Concentrated Solar
Thermal Power Plant Facility, Nye
County, NV, Contact: Julie Ann Smith
202–586–7668. Revision to FR Notice
Published 11/19/2010: The U.S.
Department of Energy’s has adopted
the Department of Interior’s Bureau of
Land Management FEIS #20100444,
filed 11/10/2010. DOE was a
cooperating agency for the above
project. Recirculation of the FEIS is
not necessary under 40 CFR 1506.3(c).
Dated: February 8, 2011.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office
of Federal Activities.
[FR Doc. 2011–3115 Filed 2–10–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9265–4]
Notice of Open Meeting of the
Environmental Financial Advisory
Board (EFAB)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The United States
Environmental Protection Agency’s
(EPA) Environmental Financial
Advisory Board (EFAB) will hold a
meeting on March 8–9, 2011. EFAB is
an EPA advisory committee chartered
under the Federal Advisory Committee
Act (FACA) to provide advice and
recommendations to EPA on creative
approaches to funding environmental
programs, projects, and activities.
The purpose of the meeting is to hear
from informed speakers on
environmental finance issues, proposed
legislation, Agency priorities and to
discuss progress with work projects
under EFAB’s current Strategic Action
Agenda.
Environmental Finance topics
expected to be discussed include:
Financing Clean Air Technology;
Voluntary Environmental Improvement
Bonds (VEIB)/Property Assessed Clean
Energy (PACE) Financing
Environmental Improvements;
Financing Infrastructure for Tribal
Communities; and Leveraging Private
SUMMARY:
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Agencies
[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7841-7844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3100]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OEI-2010-0835; FRL-9265-8]
Agency Information Collection Activities; Proposed Collections;
Toxic Chemical Release Reporting; Request for Comments on Proposed
Renewal of Form R and Form A, Including Minor Form Revisions and the
Ratio-Based Burden Methodology
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), EPA is planning to submit a request to renew an existing
approved Information Collection Request (ICR) to the Office of
Management and Budget (OMB). This ICR is scheduled to expire on July
31, 2011. The ICR Supporting Statement, which is summarized below and
also posted in the docket, along with a technical document titled
``Revising TRI Burden to Ratio-Based Methodology,'' describes the
nature of the information collection (including proposed form changes)
and its estimated burden and cost. Before submitting the ICR to OMB for
review and approval, EPA is soliciting comments on specific aspects of
the proposed information collection as described below.
DATES: Comments must be submitted on or before April 12, 2011.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OEI-
2010-0835, by one of the following methods:
U.S. Government Web site for Federal Rulemaking, follow
the on-line instructions for submitting comments.
E-mail: oei.docket@epa.gov.
Fax: 202-566-9744.
Mail: Office of Environmental Information (OEI) Docket,
U.S. Environmental Protection Agency, Mail Code 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: Public Reading Room, EPA West Building,
Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such
deliveries are only accepted during the docket's normal hours of
operations, 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: To submit a comment to the docket, direct your
comments to Docket ID No. EPA-HQ-OEI-2010-0835. EPA's policy is that
all comments received will be included in the public docket without
change and will be made available online at https://www.regulations.gov,
including any personal information that has been 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 is considered to
be CBI or otherwise protected information through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means that EPA will not know
your identity or contact information unless you provide it in the body
of your comments. If you send an e-mail comment directly to EPA without
going through https://www.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. When preparing electronic
files, avoid using special characters or any form of encryption and
ensure that the electronic files to be submitted are free of any
defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
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; e-mail address,
vail.cassandra@epa.gov.
SUPPLEMENTARY INFORMATION:
How can I access the docket and/or submit comments?
EPA has established a public docket for the ICR described in this
notice under Docket ID No. EPA-HQ-OEI-2010-0835, which is available for
online viewing at https://www.regulations.gov. Go to https://www.regulations.gov to obtain a copy of the proposed collection of
information, to submit or view public comments, to obtain an index of
the docket contents, and to obtain those documents in the public docket
that are available electronically. Once in the system, select
``search,'' then enter the docket ID number identified in this
document.
The docket is also available for viewing in person at the OEI
Docket, EPA Docket Center (EPA/DC), U.S. EPA West Building, Room 3334,
1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The phone number for the Reading Room is 202-
566-1744, and the phone number for the OEI Docket is 202-566-1752.
In which information is EPA particularly interested?
Pursuant to section 3506(c)(2)(a) of the Paperwork Reduction Act
(PRA), EPA specifically solicits comments and information to enable it
to:
1. 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;
2. Evaluate the accuracy of the Agency's estimate of the burden of
the proposed collection of information, including the validity of the
new Ratio-Based Burden Methodology;
3. Enhance the quality, utility, and clarity of the information to
be collected; and
4. 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 the electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.
What should I consider when I prepare my comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible and provide specific
examples;
2. Describe any assumptions that you used;
[[Page 7842]]
3. Provide copies of any technical information and/or data you used
that support your views;
4. If you provide estimates of potential burden hours or labor
costs, explain how you arrived at your estimates;
5. Offer alternative ways to improve the collection activity;
6. Make sure to submit your comments by the deadline identified
under DATES; and
7. To ensure proper receipt by EPA, identify the docket ID number
assigned to this action in the subject line on the first page of your
response. You may also provide the name, date, and Federal Register
citation.
What information collection activity or ICR does this apply to?
Affected Entities: This ICR applies to facilities that submit
annual reports under section 313 of the Emergency Planning and
Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution
Prevention Act (PPA). The applicability criteria are outlined in part
372, subpart B, of Title 40 of the Code of Federal Regulations, and
potentially affected categories and entities may include, but are not
limited to the following:
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Category Examples of potentially affected entities
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Industry..................... Facilities included in the following
NAICS manufacturing codes (corresponding
to SIC codes 20 through 39): 311*, 312*,
313*, 314*, 315*, 316, 321, 322, 323*,
324, 325*, 326*, 327, 331, 332, 333,
334*, 335*, 336, 337*, 339*, 111998*,
211112*, 212324*, 212325*, 212393*,
212399*, 488390*, 511110, 511120,
511130, 511140*, 511191, 511199, 512220,
512230*, 519130*, 541712*, or 811490*.
* Exceptions and/or limitations exist for
these NAICS codes.
Facilities included in the following
NAICS codes (corresponding to SIC codes
other than SIC codes 20 through 39):
212111, 212112, 212113 (correspond to
SIC 12, Coal Mining (except 1241)); or
212221, 212222, 212231, 212234, 212299
(correspond to SIC 10, Metal Mining
(except 1011, 1081, and 1094)); or
221111, 221112, 221113, 221119, 221121,
221122, 221330 (Limited to facilities
that combust coal and/or oil for the
purpose of generating power for
distribution in commerce) (correspond to
SIC 4911, 4931, and 4939, Electric
Utilities); or 424690, 425110, 425120
(Limited to facilities previously
classified in SIC 5169, Chemicals and
Allied Products, Not Elsewhere
Classified); or 424710 (corresponds to
SIC 5171, Petroleum Bulk Terminals and
Plants); or 562112 (Limited to
facilities primarily engaged in solvent
recovery services on a contract or fee
basis (previously classified under SIC
7389, Business Services, NEC)); or
562211, 562212, 562213, 562219, 562920
(Limited to facilities regulated under
the Resource Conservation and Recovery
Act, subtitle C, 42 U.S.C. 6921 et seq.)
(correspond to SIC 4953, Refuse
Systems).
Federal Government........... Federal facilities.
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If you have questions regarding the applicability of this action to
a particular entity, consult the individual listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Title: Toxic Chemical Release Reporting (Form R); Toxic Chemical
Release Reporting, Alternate Threshold for Low Annual Reportable
Amounts (Form A) and the Ratio-Based Burden Methodology.
ICR Numbers: EPA ICR No. 1363.21, OMB Control No. 2025-0009 (TRI
Form R) and EPA ICR No. 1704.13, OMB Control No. 2025-0010 (TRI Form A
Certification Statement). EPA proposes to combine these two ICRs into
one overarching ICR, which will retain the OMB Control No. 2025-0009.
ICR Status: The ICRs for the TRI Form R and the TRI Form A
Certification Statement are scheduled to expire on July 31, 2011.
Abstract: Pursuant to section 313 of EPCRA, certain facilities that
manufacture, process, or otherwise use specified toxic chemicals in
amounts above reporting threshold levels must submit annually to EPA
and to designated State officials toxic chemical release forms
containing information 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); TRI data are made readily available to the public.
Regulations at 40 CFR part 372, subpart B, require facilities that
meet all of the following criteria to report:
1. The facility has 10 or more full-time employee equivalents
(i.e., a total of 20,000 hours worked per year or greater; see 40 CFR
372.3); and
2. The facility is included in a North American Industry
Classification System (NAICS) Code listed at 40 CFR 372.23 or under
Executive Order 13148, Federal facilities regardless of their industry
classification; and
3. The facility manufactures (defined to include importing),
processes, or otherwise uses any EPCRA section 313 (TRI) chemical in
quantities greater than the established thresholds for the specific
chemical in the course of a calendar year.
Facilities that meet the criteria must file a Form R report or, in
some cases, may submit a Form A Certification Statement, for each
listed toxic chemical for which the criteria are met. As specified in
EPCRA section 313(a), the report for any calendar year must be
submitted on or before July 1st of the following year. For example,
reporting year 2009 data should have been submitted and certified on or
before July 1, 2010.
The list of toxic chemicals subject to TRI reporting can be found
at 40 CFR 372.65. This list is also published every year as Table II in
the current version of the Toxics Release Inventory Reporting Forms and
Instructions. The current TRI chemical list contains 593 chemicals and
30 chemical categories.
TRI data are used 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
regulatory 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 chemical 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.
The TRI data are unique in providing a multi-media (air, water, and
land) picture of toxic chemical releases, transfers, and other waste
management activities by covered facilities on a
[[Page 7843]]
yearly basis. While other environmental media programs provide some
toxic chemical data and related permit data, the data are not directly
comparable to TRI data with regard to the types of chemicals and
industry sectors that are covered or the frequency of reporting.
Facilities that are subject to TRI reporting must submit reports for
each calendar year to EPA and the States in which they are located by
July 1st of the following year.
Respondents may claim trade secrecy for a chemical's identity as
described in EPCRA Section 322 and its implementing regulations in 40
CFR part 350. EPA will disclose information that is covered by a claim
of trade secrecy only to the extent permitted by and in accordance with
the procedures in 40 CFR part 350 and 40 CFR part 2.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to be 35.71
hours for Form R and 21.96 hours for a Form A. 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/verifying information, processing and
maintaining information, and disclosing and providing information;
adjust existing ways to comply with any previously applicable
instructions and requirements that have subsequently changed; train
personnel 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 ICR Supporting Statement provides a detailed explanation of the
Agency's estimate for TRI program burden, including Form R/A burden,
which is only briefly summarized here:
Estimated total number of respondents (i.e., facilities):
20,871.
Frequency of response: Annual.
Estimated total average number of responses: 73,727.
Estimated total average number of responses for each
respondent: 3.53.
Estimated total annual burden hours: 3,515,751 hours.
Estimated total annual costs: $174,451,565.
What changes are included in this ICR?
OMB approved the ICR for Form R and the ICR for the Form A
Certification Statement on March 2, 2008, with original expiration
dates of March 31, 2011. On February 17, 2010, OMB approved an
extension of the expiration dates for both forms to July 31, 2011. The
OMB approved burden numbers on March 2, 2008, where 3,217,280 hours for
Form R and 515,901 hours for Form A, totaling 3,733,181 hours.
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 6,641 hours.
Meanwhile, 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 Reporting Year 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, EPA now estimates the
total number of combined Form R and Form A responses to be 73,727, with
the associated total annual burden hours to be 3,515,751, and the
annual cost to be $174,451,565. For a detailed explanation of the
Agency's estimates of the respondent reporting burden and labor costs,
please refer to the proposed TRI Form R and A Supporting Statement and
the document ``Revising TRI Burden to Ratio-Based Methodology,'' which
are available in the docket.
EPA is interested in comments regarding methodology revisions
documented in the peer-reviewed technical document titled, ``Revising
TRI Burden to Ratio-Based Methodology,'' which is available through the
docket. The revised methodology, Ratio-Based Burden Methodology (RBBM),
simplifies calculations, imposes internal consistency, and sharpens
transparency while retaining the components of the existing methodology
and maintaining the overall total burden estimate as a starting point.
EPA invites comments specifically regarding evidence that would
quantify the ratio of PBT/non-PBT burden for the TRI reporting
community overall.
Additionally EPA is seeking comments on an alternate instruction
for the revision of Form R Section 8.11 in which facilities report
ongoing and newly implemented source reduction activities. The
alternate instructions would limit the scope of ``ongoing source
reduction activities'' to those implemented in the previous five years.
EPA is proposing to make several changes to the TRI reporting forms
and associated instructions, but these changes are estimated to have a
negligible effect on form unit burden. The proposed changes, which are
outlined below, are designed to help enhance the overall utility of the
data collected under the TRI Program.
1. Remove the NA box from the Parent Company field (Part I: Sec.
5,.5.1) Rationale: The NA box is currently used to indicate a foreign
parent company. Removing this box and requiring facilities to report
the highest level U.S. parent company will facilitate analysis of the
TRI data at the parent company level.
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). Rationale: The current 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.
3. Section 8 enhancements, including:
Change instructional statement on form to include ``newly
implemented and/or ongoing'' source reduction activities (Part II: Sec.
8.10).
Add an N/A box to match associated text revisions (Part
II: Sec. 8.10).
Add a field to allow separate reporting for both new and
ongoing
[[Page 7844]]
source reduction activities (Part II: Sec. 8.10, 8.10.1-4).
Remove the ``Yes'' box and enlarge the text section for
the question on optional pollution prevention information (Part II:
Section 8.11).
Rationale: The current form requests information on ``any source
reduction activities for this chemical during the reporting year;'' but
the Reporting Forms and Instructions request information on ``newly
implemented'' source reduction activities. These form changes will
remove this difference, allow facilities to distinguish between new and
ongoing source reduction activities, and provide additional optional
information on source reduction, recycling, or pollution control
activities on the form itself (in box 8.11).
4. Add a new question to capture miscellaneous and optional
information regarding the submission (Part II: Sec. 9., 9.1).
Rationale: This new text box will allow facilities to provide optional,
miscellaneous information that may be helpful to EPA and/or the public
in using or interpreting their data (e.g., facility closures,
explanations for changes in release quantities, etc.).
5. Add NA boxes to Part II, Sections 5.3, 6.1, and 6.2. Rationale:
Adding NA boxes to these sections will make the formatting of Form R
and Form R Schedule 1 more consistent.
What is the next step in the process for these ICRs?
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. At that time, EPA will
issue another Federal Register notice for the ICR 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
individual listed under FOR FURTHER INFORMATION CONTACT.
Dated: February 6, 2011.
Robin Gonzalez,
Acting Director, Office of Information Analysis and Access, Office of
Environmental Information.
[FR Doc. 2011-3100 Filed 2-10-11; 8:45 am]
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