Agency Information Collection Activities; Proposed Renewal of an Existing Collection (EPA ICR No. 2613.02; OMB Control No. 2070-0212); Comment Request, 14483-14484 [2020-05077]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14483-14484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05077]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2020-0078; FRL-10005-46]


Agency Information Collection Activities; Proposed Renewal of an 
Existing Collection (EPA ICR No. 2613.02; OMB Control No. 2070-0212); 
Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit an Information 
Collection Request (ICR) to the Office of Management and Budget (OMB). 
The ICR, entitled: `Toxic Chemical Release Reporting' and identified by 
EPA ICR No. 2613.02 and OMB Control No. 2070-0212, represents a renewal 
of an existing ICR that is scheduled to expire on July 31, 2020. EPA is 
also consolidating this existing ICR with another currently approved 
ICR, also entitled `Toxic Chemical Release Reporting' and identified by 
EPA ICR No. 1363.28 and OMB Control No. 2025-0009. Before submitting 
the ICR to OMB for review and approval, EPA is soliciting comments on 
specific aspects of the proposed information collection that is 
summarized in this document. The ICR and accompanying material are 
available in the docket for public review and comment.

DATES: Comments must be received on or before May 11, 2020.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2020-0078, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Cassandra Vail, Toxics Release 
Inventory Program Division, 7410M, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460-0001; telephone number: 202-566-0753; email 
address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
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 estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    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 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.

II. What information collection activity or ICR does this action apply 
to?

    Title: Toxic Chemical Release Reporting.
    ICR number: EPA ICR No. 2613.02.
    OMB control number: OMB Control No. 2070-0212.
    ICR status: This ICR is for a renewal of an existing information 
collection activity. 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 title 40 of the Code of Federal Regulations 
(CFR), after appearing in the Federal Register when approved, are 
listed in 40 CFR part 9, are displayed either by publication in the 
Federal Register or by other appropriate means, such as on the related 
collection instrument or form, if applicable. The display of OMB 
control numbers for certain EPA regulations is consolidated in 40 CFR 
part 9.
    Abstract: Pursuant to section 313 of the Emergency Planning and 
Community Right-to-Know Act (EPCRA, 42 U.S.C. 11001 et seq.), certain 
facilities that manufacture, process, or otherwise use specified toxic 
chemicals in amounts above reporting threshold levels as provided in 40 
CFR 372.25 must submit annually to EPA and to their designated state or 
Indian country officials toxic chemical release forms containing 
information specified by EPA; see 42 U.S.C. 11023. In addition, 
pursuant to section 6607 of the Pollution Prevention Act (PPA, 42 
U.S.C. 13101 et seq.), facilities reporting under section 313 of EPCRA 
must also report pollution prevention and waste management data, 
including recycling information, for such chemicals; see 42 U.S.C. 
13106. EPA compiles and stores these reports in a publicly accessible 
database known as the Toxics Release Inventory (TRI). Regulations at 40 
CFR part 372, subpart B, require facilities that meet all of the 
following criteria to report:
     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);
     The facility is included in a North American Industry 
Classification System (NAICS) Code listed at 40 CFR 372.23 or under 
Executive Order 13693, federal facilities regardless of their industry 
classification; and
     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

[[Page 14484]]

specific chemical in the course of a calendar year.
    Facilities that meet these 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. The Form R 
Schedule 1 is an adjunct to the Form R that mirrors the data elements 
from Form R Part II Chemical-Specific Information sections 5, 6, and 8 
(current year only) and requires the reporting of the individual grams 
data for each member of the dioxin and dioxin-like compounds category 
present. As specified in EPCRA section 313(a), facilities must submit 
report(s) for any calendar year on or before July 1 of the following 
year. For example, reporting year 2015 data should have been submitted 
and certified on or before July 1, 2016.
    EPA maintains the list of toxic chemicals subject to TRI reporting 
at 40 CFR 372.65 and the Agency publishes this list each year as Table 
II in the Toxics Release Inventory Reporting Forms and Instructions. 
The current TRI chemical list contains 595 chemicals and 31 chemical 
categories. Environmental agencies, industry, and the public use TRI 
data for a wide variety of purposes. 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 yearly basis. While 
other environmental media programs provide some toxic chemical data and 
related permit data, TRI data are unique with regard to the types of 
chemicals and industry sectors covered as well as the frequency of 
reporting. Facilities subject to TRI reporting must submit reports for 
each calendar year to EPA and the State or Indian Country in which they 
are located by July 1 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 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.).
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to range between 
22.0 hours and 35.7 hours per response, depending upon the nature of 
the response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by 
this ICR are facilities that submit annual reports under section 313 of 
EPCRA and section 6607 of PPA.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection is 3,615,127 hours. Burden is defined in 5 
CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by 
this ICR are:
    Regulations at 40 CFR part 372, subpart B, require facilities that 
meet all of the following criteria to report:
     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
     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
     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.
    Estimated total number of potential respondents: 76,534.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 
76,534.
    Estimated total annual burden hours: 3,615,128 hours.
    Estimated total annual costs: $0.

III. 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 document 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 technical person listed under 
FOR FURTHER INFORMATION CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: March 8, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2020-05077 Filed 3-11-20; 8:45 am]
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