TOXIC
CHEMICAL
RELEASE
INVENTORY
ALTERNATE
THRESHOLD
FOR
LOW
ANNUAL
REPORTABLE
AMOUNTS;
TOXIC
CHEMICAL
RELEASE
REPORTING
INFORMATION
COLLECTION
REQUEST
SUPPORTING
STATEMENT
OMB
CONTROL
NO.
2070­
0143
EPA
ICR
#
1704.07
April,
2003
1
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
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1
1(
a)
Title
and
Number
of
the
Information
Collection
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1
1(
b)
Short
Characterization/
Abstract
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1
2
NEED
FOR
AND
USE
OF
THE
COLLECTION
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3
2(
a)
Need/
Authority
for
the
Collection
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3
2(
b)
Practical
Utility/
Users
of
the
Data
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3
3
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
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4
3(
a)
Non­
Duplication
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4
3(
b)
Increasing
Public
Awareness
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4
3(
c)
Effects
of
Less
Frequent
Collection
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4
3(
d)
General
Guidelines
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5
3(
e)
Confidentiality
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6
3(
f)
Sensitive
Questions
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6
4
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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6
4(
a)
Respondents/
SIC
Codes
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6
4(
b)
Information
Requested
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7
5
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT.
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10
5(
a)
Agency
Activities
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10
5(
b)
Collection
Methodology
and
Management
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11
5(
c)
Small
Entity
Flexibility
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11
5(
d)
Collection
Schedule
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12
6
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
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13
6(
a)
Estimating
Respondent
Burden
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13
6(
b)
Respondent
Costs
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16
6(
c)
Estimating
Agency
Burden
and
Cost
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17
6(
d)
Bottom
Line
Burden
Hours
and
Costs
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17
6(
e)
Reasons
for
Change
in
Burden
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19
6(
f)
Burden
Statement
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20
ATTACHMENTS
A
RELEVANT
STATUTES:
EPCRA
SECTION
313
AND
PPA
SECTION
6607
B
MAJOR
REGULATIONS
SPECIFIC
TO
FORM
A
CERTIFICATION
STATEMENT:
40
CFR
§
372.10,
§
372.27
AND
§
372.95
C
FORM
A
CERTIFICATION
STATEMENT
(
EPA
Form
#
9350­
2)

D
TOXIC
CHEMICAL
RELEASE
INVENTORY
REPORTING
FORMS
AND
INSTRUCTIONS
­
REVISED
2001
VERSION
(
EPA
260­
B­
02­
001)
1
1
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
Title:
Alternate
Threshold
for
Low
Annual
Reportable
Amounts;
Toxic
Chemical
Release
Reporting
EPA
ICR
No.
1704.07
OMB
Control
No.
2070­
0143
1(
b)
Short
Characterization/
Abstract
This
Information
Collection
Request
(
ICR)
covers
the
public
reporting
and
record
keeping
requirements
associated
with
Toxics
Release
Inventory
(
TRI)
reporting
based
on
an
alternate
threshold
for
facilities
with
low
amounts
of
listed
toxic
chemicals
in
waste.
EPA
collects
information
from
facilities
and
enters
it
into
TRI
under
the
authority
of
section
313
of
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA)
(
42
U.
S.
C.
11001
et
seq.)
and
section
6607
of
the
Pollution
Prevention
Act
(
PPA)
(
42
U.
S.
C.
11071
to
11079).
EPCRA
section
313
requires
owners
or
operators
of
certain
facilities
(
i.
e.,
facilities
in
listed
Standard
Industrial
Classification
(
SIC)
codes)
manufacturing,
processing,
or
otherwise
using
any
of
over
600
listed
toxic
chemicals
and
chemical
categories
(
hereafter
"
listed
toxic
chemicals")
in
excess
of
the
applicable
threshold
quantities
to
report
on
their
environmental
releases
and
transfers
of
and
waste
management
activities
for
such
chemicals
annually.
Under
section
6607
of
the
PPA,
facilities
must
provide
information
on
the
quantities
of
the
toxic
chemicals
in
waste
streams
and
the
efforts
made
to
reduce
or
eliminate
those
quantities.
A
covered
facility
must
file
a
separate
form
for
each
toxic
chemical
manufactured,
processed
or
otherwise
used
in
excess
of
the
reporting
thresholds
established
in
section
313(
f)(
1).

This
ICR
is
for
the
Form
A
Certification
Statement.
EPA
established
an
alternate
threshold
for
a
category
of
facilities
with
low
amounts
of
a
listed
toxic
chemical
in
wastes.
A
facility
that
meets
the
section
313
reporting
thresholds,
but
estimates
that
the
total
annual
reportable
amount
of
the
listed
toxic
chemical
does
not
exceed
500
pounds
per
year,
can
take
advantage
of
the
alternate
manufacture,
process
or
otherwise
use
thresholds
of
1
million
pounds
per
year
for
that
listed
toxic
chemical,
provided
that
certain
conditions
are
adhered
to.
Each
qualifying
facility
that
chooses
to
apply
this
alternate
manufacture,
process
or
otherwise
use
threshold
must
file
a
Form
A
Certification
Statement
certifying
that
they
met
the
condition
of
the
alternate
threshold
for
one
or
more
chemicals,
in
lieu
of
completing
a
Form
R
for
each
listed
chemical
for
which
the
facility
exceeded
statutory
thresholds.
The
Form
A
Certification
Statement
is
submitted
to
both
the
EPCRA
reporting
center
and
the
designated
state
recipient
in
the
same
manner
that
the
Form
R
is
submitted.
The
Form
A
Certification
Statement
provides
a
signed
statement
that
the
sum
of
the
amount
of
the
listed
toxic
chemical
or
chemicals
in
wastes
did
not
exceed
500
pounds
for
this
reporting
year,
and
that
the
chemical(
s)
was
manufactured,
2
processed,
or
otherwise
used
in
an
amount
not
exceeding
1
million
pounds
during
this
reporting
year.
Responding
to
this
information
collection
requires
determining
whether
a
chemical
is
eligible
for
certification
under
the
alternate
threshold,
and
completing
the
Form
A
Certification
Statement.
A
single
Form
A
Certification
Statement
may
contain
as
many
listed
toxic
chemicals
as
met
the
conditions
of
the
alternate
threshold.
For
a
facility
certifying
for
a
single
listed
toxic
chemical,
the
burden
is
estimated
to
average
13.7
hours
for
facilities
submitting
a
certification
statement
under
EPCRA
section
313.
(
This
includes
the
time
required
for
calculations,
Form
A
Certification
Statement
completion,
and
record
keeping.)
By
comparison,
the
average
time
required
for
calculations,
form
completion,
and
record
keeping
for
Form
R
is
estimated
to
average
19.5
hours
per
form.
Thus,
for
a
facility
filing
a
Form
A
Certification
Statement
for
a
single
chemical,
the
alternate
threshold
yields
an
average
savings
of
5.8
hours.

For
a
facility
certifying
multiple
chemicals
on
a
Form
A
Certification
Statement,
the
per
chemical
burden
on
the
facility
is
reduced.
An
average
of
2.4
chemicals
per
facility
were
reported
to
EPA
using
Form
A
Certification
Statements
for
the
2000
reporting
year.
About
50
percent
of
the
facilities
using
the
Form
A
Certification
Statement
reported
on
one
chemical,
another
20
percent
reported
on
two
chemicals,
15
percent
on
three
chemicals,
and
the
remaining
15
percent
of
facilities
reported
on
4
or
more
chemicals.

2
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
Section
313
of
EPCRA,
42
U.
S.
C.
11023,
requires
certain
facilities
that
manufacture,
process,
or
otherwise
use
listed
toxic
chemicals
in
excess
of
the
applicable
threshold
quantities
to
report
their
environmental
releases
of
such
chemicals
annually.
Beginning
with
the
1991
reporting
year,
such
facilities
also
began
reporting
source
reduction
and
recycling
data
for
listed
chemicals,
pursuant
to
section
6607
of
the
Pollution
Prevention
Act,
42
U.
S.
C.
13106.
Copies
of
42
U.
S.
C.
11023
and
13106
are
included
in
Attachment
A.

Each
covered
facility
must
file
a
separate
report
for
each
listed
chemical
manufactured,
processed
or
otherwise
used
in
excess
of
the
reporting
thresholds
established
in
section
313(
f)(
1).
EPA
has
authority
to
revise
these
threshold
amounts
pursuant
to
section
313(
f)(
2);
however,
such
revised
threshold
amounts
must
obtain
reporting
on
a
substantial
majority
of
total
releases
of
the
chemical
at
all
facilities
subject
to
section
313.
A
revised
threshold
may
be
based
on
classes
of
chemicals
or
categories
of
facilities.

This
ICR
is
for
the
Form
A
Certification
Statement.
EPA
established
an
alternate
threshold
under
EPCRA
section
313(
f)(
2)
for
a
category
of
facilities
with
low
amounts
of
a
listed
toxic
chemical
in
wastes.
A
facility
that
meets
the
appropriate
reporting
thresholds,
but
estimates
that
the
total
amount
of
the
chemical
in
waste
does
not
exceed
500
pounds
per
year,
can
take
advantage
of
alternate
manufacture,
process,
or
otherwise
use
thresholds
of
1
million
pounds
per
3
year
for
that
chemical,
provided
that
certain
conditions
are
met.
A
facility
that
chooses
to
apply
the
alternate
threshold
must
submit
an
EPA
Toxic
Chemical
Release
Inventory
Form
A
Certification
Statement
(
EPA
Form
#
9350­
2).
EPA's
regulations
implementing
TRI
reporting
are
codified
at
40
CFR
part
372.
A
copy
of
the
sections
specific
to
the
Form
A
Certification
Statement
are
included
in
Attachment
B.

The
information
being
collected
on
the
Form
A
Certification
Statement
is
necessary
to
fulfill
EPA's
responsibilities
under
EPCRA
section
313(
f)(
2).
A
Form
A
Certification
Statement
addresses
the
statutory
mandates
and
the
public's
right­
to­
know
while
allowing
regulatory
relief
for
facilities
having
lower
volumes
of
chemicals
in
wastes.
A
Form
A
Certification
Statement
provides
appropriate
information
relating
to
the
location
of
facilities
manufacturing,
processing
or
otherwise
using
these
chemicals,
that
the
chemicals
are
being
manufactured,
processed
or
otherwise
used
at
current
reporting
thresholds,
and
that
the
sum
of
amounts
of
the
chemical
in
waste
did
not
exceed
500
pounds
for
that
reporting
year.
The
requirement
to
submit
a
Form
A
Certification
Statement
fosters
continued
attention
to
chemical
management
practices
and
provides
a
locational
tool
vital
to
any
compliance
program
or
other
interested
party.
It
is
necessary
to
receive
some
type
of
specific
indication
that
a
facility
is
taking
advantage
of
the
alternate
threshold
annually
to
assist
in
any
compliance
monitoring
and
enforcement
efforts.

2(
b)
Practical
Utility/
Users
of
the
Data
The
Paperwork
Reduction
Act,
44
U.
S.
C.
3502(
11),
states
that
"
the
term
'
practical
utility'
means
the
ability
of
an
agency
to
use
information,
particularly
the
capability
to
process
such
information
in
a
timely
and
useful
fashion."
EPA
has
demonstrated
that
it
can
process
and
utilize
TRI
information
in
a
timely
and
useful
fashion,
as
well
as
make
the
information
available
in
a
timely
fashion
for
a
variety
of
further
useful
purposes.
This
information
is
collected
annually
and
is
subsequently
disseminated
within
a
year
of
its
receipt.
Further
information
on
Agency
activities
is
summarized
in
Section
4(
a).

According
to
EPCRA
section
313(
h),
the
data
submitted
in
the
forms
are
intended
to
"
inform
persons
about
releases
of
toxic
chemicals
to
the
environment;
to
assist
governmental
agencies,
researchers,
and
other
persons
in
the
conduct
of
research
and
data
gathering;
to
aid
in
the
development
of
appropriate
regulations,
guidelines,
and
standards;
and
for
other
similar
purposes."
The
purpose
of
the
Agency's
collection
of
this
information
is
therefore
to
facilitate
the
availability
of
this
information
to
the
public.

TRI
data
made
available
as
a
result
of
this
information
collection
is
used
by
many
different
individuals
and
organizations,
including
concerned
citizens,
environmental
and
public
interest
groups,
journalists,
government
agencies,
the
financial
and
business
community,
the
regulated
community,
and
educational
and
research
institutions.
Government
agencies,
researchers
and
environmental
and
public
interest
groups
use
data
collected
under
EPCRA
section
313
to
produce
national,
regional,
state
and
local
level
reports.
Governments
use
the
data
4
to
set
priorities,
target
voluntary
initiatives,
and
evaluate
the
development
of
regulations.
Citizens
and
local
interest
groups
use
TRI
data
to
assess
the
status
of
toxic
chemicals
in
their
community
and
to
determine
priorities
for
concern.
Investment
analysts
use
TRI
data
to
provide
recommendations
to
clients
seeking
to
make
investments
on
an
environmental
basis.
Insurance
companies
and
lenders
look
to
TRI
data
as
an
indication
of
potential
environmental
liabilities.
Many
reporting
companies
use
TRI
data
in
preparing
annual
environmental
reports,
similar
to
annual
reports
on
financial
performance.
The
ICR
for
Form
R
(
OMB
#
2070­
0093,
EPA
#
1363)
provides
specific
examples
of
some
of
the
actual
uses
of
TRI
data.

The
Form
A
Certification
Statement
provides
information
that
a
section
313
listed
chemical
is
being
manufactured,
processed
or
otherwise
used
at
threshold
levels
specified
in
40
CFR
part
372.25.
Through
the
use
of
the
Form
A
Certification
Statement,
the
individuals
and
groups
described
above
will
continue
to
have
knowledge
that
the
sum
of
the
amounts
in
waste
for
a
particular
facility
did
not
exceed
a
specified
amount
for
the
chemical
for
which
the
alternate
threshold
was
applied.

3
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
The
information
requested
by
the
Form
A
Certification
Statement
represents
a
subset
of
information
requested
by
Form
R.
To
the
extent
that
this
reporting
option
is
used,
corresponding
data
will
not
be
reported
under
Form
R.
Information
comparing
TRI
reporting
to
information
available
under
other
statutes
is
available
in
the
ICR
for
Form
R
(
OMB
#
2070­
0093,
EPA
#
1363).

3(
b)
Increasing
Public
Awareness
EPA
has
emphasized
the
Form
A
Certification
Statement
during
training
sessions,
directly
contacted
potentially
eligible
facilities,
and
made
some
modifications
to
the
reporting
package
to
make
the
Form
A
Certification
Statement
easier
to
identify
and
use.
These
actions,
in
addition
to
the
additional
time
for
which
the
Form
A
Certification
Statement
option
has
been
available,
have
increased
the
level
of
use
of
the
Form
A
Certification
Statement.

3(
c)
Effects
of
Less
Frequent
Collection
Section
313
requires
annual
reporting.
Section
313(
I)
permits
EPA
to
modify
the
reporting
frequency
by
rulemaking,
after
submitting
a
notification
to
Congress.
As
Form
A
Certification
Statements
are
required
to
be
submitted
on
or
before
July
1
following
the
year
in
which
the
facility's
activities
occur,
and
as
the
national
data
are
available
from
EPA
within
a
year
after
EPA
receives
data,
a
less
frequent
collection
of
information
would
delay
the
availability
of
5
the
data
to
the
public.
Since
TRI
represents
the
best
available
database
tracking
multimedia
releases,
transfers
and
other
handling
of
listed
toxic
chemicals,
changes
in
reporting
frequency
would
have
profound
impacts
on
the
quality
and
value
of
the
data
for
purposes
of
planning,
establishing
baselines
and
tracking
performance.

EPA's
Office
of
Enforcement
and
Compliance
Assurance
(
OECA)
has
stressed
the
need
to
continue
to
collect
information
on
an
annual
basis
that
a
facility
is
manufacturing,
processing,
or
otherwise
using
a
listed
section
313
chemical
in
threshold
amounts
set
out
in
40
CFR
part
372.25.
Submission
of
the
Form
A
Certification
Statement
allows
EPA
and
other
data
users
to
identify
facilities
applying
the
alternate
threshold.
In
order
to
target
facilities
effectively
and
efficiently
for
compliance
inspections,
EPA
must
be
able
to
distinguish
between
facilities
that
did
not
report
under
EPCRA
section
313
because
they
took
advantage
of
this
regulatory
amendment,
and
facilities
that
did
not
report
for
other
reasons.

In
addition,
the
State
and
many
of
the
Regional
TRI
program
offices
have
submitted
comments
that
echo
enforcement
concerns
raised
by
OECA
to
the
effect
that
the
submission
of
a
Form
A
Certification
Statement
is
"
paramount"
to
the
ability
of
EPA
and
states
to
readily
verify
compliance
with
the
regulation
or
to
enforce
against
violations.
Additionally,
a
report
may
provide
sufficient
information
to
citizens
and
interest
groups
and
prevent
unnecessary
legal
actions
that
might
otherwise
be
pursued
if
there
was
a
complete
absence
of
information
for
a
given
facility.

By
requiring
the
Form
A
Certification
Statement
on
an
annual
basis,
any
compliance
assistance
or
enforcement
program,
as
well
as
other
interested
parties,
are
able
to
determine
that
the
facility
is
continuing
to
manufacture,
process,
or
otherwise
use
a
listed
section
313
chemical
and
that
the
amounts
associated
with
these
activities
are
in
excess
of
current
reporting
thresholds.

3(
d)
General
Guidelines
This
information
collection
is
consistent
with
the
requirements
of
5
CFR
1320.6,
except
that
respondents
may
be
required
to
submit
information
that
is
confidential.
Specifically,
reporting
facilities
are
required
to
identify
the
chemical
for
which
reports
are
submitted.
Respondents
can,
however,
claim
the
chemical
identity
as
a
trade
secret,
although
they
must
provide
a
generic
name
as
part
of
the
information
that
is
made
available
to
the
public.
EPA
securely
stores
and
maintains
the
true
identity
of
the
chemical.
EPA
will
disclose
information
that
is
covered
by
a
claim
of
confidentiality
only
to
the
extent
permitted
by,
and
in
accordance
with,
the
procedures
in
40
CFR
part
2.

EPA
actively
encourages
the
use
of
automated
techniques,
most
notably
PC­
based
report
generating
programs
produced
both
by
the
Agency
and
by
the
private
sector
and
other
submissions
on
magnetic
media.
EPA
recognizes
that
not
all
reporting
facilities
are
able
to
or
are
interested
in
investing
the
time
and
funds
necessary
to
employ
such
automated
techniques.
The
final
decision
on
how
to
report
is
ultimately
the
reporting
facility's.
6
3(
e)
Confidentiality
Respondents
may
designate
the
specific
chemical
identity
of
a
substance
as
a
trade
secret.
Procedures
for
submission
and
review
of
trade
secret
claims
under
section
313
are
set
forth
in
40
CFR
part
350
and
are
covered
by
another
EPA
ICR
(
EPA
ICR
#
1428;
OMB
#
2050­
0078).

3(
f)
Sensitive
Questions
This
collection
does
not
request
any
sensitive
information.

4
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
SIC
Codes
A
facility
must
report
to
TRI
if
it
meets
all
three
of
the
following
criteria:

(
1)
Has
a
primary
Standard
Industrial
Classification
(
SIC)
code
covered
by
the
regulations;

(
2)
Has
10
or
more
full­
time
employees
(
or
the
hourly
equivalent
of
20,000
hours);
and
(
3)
Manufactures,
processes,
or
otherwise
uses
any
of
the
listed
toxic
chemicals
or
chemical
categories
above
the
applicable
threshold.
Currently,
the
thresholds
are
25,000
pounds
for
chemicals
manufactured
(
including
imported)
or
processed,
and
10,000
pounds
for
chemicals
otherwise
used.

The
industries
currently
subject
to
reporting
under
EPCRA
section
313
include
SIC
major
groups
10
(
metal
mining),
except
SIC
code
1011,
1081,
and
1094;
12
(
coal
mining),
except
SIC
code
1241;
20
through
39
(
manufacturing);
as
well
as
industry
codes
4911,
4931,
4939
(
electricity
generating
facilities),
limited
to
facilities
that
combust
coal
and/
or
oil
for
the
purpose
of
generating
power
for
distribution
in
commerce;
4953
(
refuse
systems),
limited
to
facilities
regulated
under
RCRA
Subtitle
C;
5169
(
chemicals
and
allied
products
wholesaling,
not
elsewhere
classified);
5171(
petroleum
bulk
stations
and
terminals);
and
7389
(
limited
to
facilities
primarily
engaged
in
solvent
recovery
services
on
a
contract
or
fee
basis).
Qualifying
federal
facilities
also
report
to
TRI
as
a
result
of
Executive
Order
12856.

Under
the
final
PBT
(
Persistent
Bioaccumulative
Toxic
Chemicals)
Rule,
published
October
29,
1999,
all
PBT
chemicals
are
excluded
from
eligibility
for
alternate
threshold
reporting
(
i.
e.,
the
Form
A
Certification
Statement
cannot
be
used
to
report
PBT
chemicals).

With
the
exception
of
the
PBT
chemicals,
the
Form
A
Certification
Statement
can
be
7
submitted
by
those
facilities
that
would
otherwise
be
required
to
submit
a
Form
R,
but
determine
that
they
are
eligible
to
apply
the
alternate
threshold
based
on
the
sum
of
amounts
in
waste.
Therefore,
the
alternate
threshold
does
not
bring
additional
facilities
into
EPCRA
section
313
regulation
that
are
not
already
part
of
the
regulated
community.

4(
b)
Information
Requested
(
I)
Data
Items
The
following
information
must
be
reported
on
a
Form
A
Certification
Statement
pursuant
to
40
CFR
part
372:

(
1)
Reporting
year.
(
2)
An
indication
of
whether
the
chemical
identified
is
being
claimed
as
trade
secret.
(
3)
Chemical
name
or
names
and
CAS
number(
s)
(
if
applicable)
of
the
chemical(
s),
or
the
category(
ies)
or
the
generic
chemical
name(
s).
(
4)
Signature
of
a
senior
management
official
certifying
the
following:
pursuant
to
40
CFR
part
372.27,
"
hereby
certify
that
to
the
best
of
my
knowledge
and
belief
for
the
toxic
chemical
listed
in
this
statement,
the
sum
of
reportable
wastes
did
not
exceed
500
pounds
for
this
reporting
year
and
that
the
chemical
was
manufactured,
or
processed,
or
otherwise
used
in
an
amount
not
exceeding
1
million
pounds
during
this
reporting
year."
(
5)
Date
signed.
(
6)
Facility
name
and
address.
(
7)
Mailing
address
of
the
facility
if
different
than
(
6).
(
8)
Toxic
chemical
release
inventory
facility
identification
number
if
known.
(
9)
Name
and
telephone
number
of
a
Technical
Contact.
(
10)
The
four­
digit
SIC
codes
for
the
facility
or
establishments
in
the
facility.
(
11)
Latitude
and
longitude
coordinates
for
the
facility.
(
12)
Dun
and
Bradstreet
Number
of
the
facility.
(
13)
EPA
Identification
Number(
s)
(
RCRA
I.
D.
Number(
s)
of
the
facility).
(
14)
Facility
NPDES
Permit
Number(
s).
(
15)
Underground
Injection
Well
Code
(
UIC)
I.
D.
Number(
s)
of
the
facility.
(
16)
Name
of
the
facility's
Parent
Company.
(
17)
Parent
Company's
Dun
and
Bradstreet
Number.

These
17
elements
are
a
subset
of
the
information
collected
on
Form
R.
Beyond
the
change
to
element
3
which
allows
for
multiple
chemicals
to
be
reported
on
a
single
Form
A
Certification
Statement,
the
only
element
unique
to
the
Form
A
Certification
Statement
is
element
4.
Element
4
of
the
Form
A
Certification
Statement
corresponds
to
the
certification
statement
on
Form
R
and
represents
a
signed
statement
by
a
facility
owner/
operator
or
senior
management
official.
Unlike
Form
R,
the
signed
statement
on
the
Form
A
Certification
Statement
certifies
that
the
sum
of
amounts
of
the
listed
chemical
in
waste
did
not
exceed
500
pounds
and
that
the
amounts
manufactured,
or
processed,
or
otherwise
used
did
not
exceed
1
8
million
pounds
for
that
year.

A
copy
of
the
Form
A
Certification
Statement
(
EPA
Form
#
9350­
2)
is
included
as
Attachment
C.
The
most
recent
version
of
the
Toxic
Chemical
Release
Inventory
Reporting
Forms
and
Instructions
can
be
found
online
at
the
TRI
website:
www.
epa.
gov/
tri.

Justification
for
elements
requested:

Elements
1
through
6
relate
to
the
conditions
being
met
in
order
to
claim
eligibility
for
the
submission
of
a
Form
A
Certification
Statement.
These
elements
are
essential
in
meeting
the
statutorily
mandated
requirement
of
continuing
to
capture
a
substantial
majority
of
releases
for
each
listed
EPCRA
section
313
chemical.

Elements
7
through
17
are
requested
for
identification
purposes.
Of
these,
elements
7
through
9
are
necessary
to
determine
which
facility
is
claiming
the
alternate
threshold
along
with
the
information
needed
to
contact
the
claimant.
Elements
10
through
17
are
requested
in
order
to
cross­
reference
the
facility
and
level
of
activity
being
certified
with
other
reporting
systems
in
addition
to
more
accurately
tracking
the
facility's
TRI
reporting
history.
These
data
elements
are
essential
for
enforcement
purposes
and
have
proven
to
be
useful
for
cross
program
multimedia
investigations.

(
ii)
Respondent
Activities
The
regulated
community
is
expected
to
comply
with
the
reporting
requirements
by
completing
the
Form
A
Certification
Statement
and
mailing
it
to
EPA
and
the
appropriate
state
agency.
Section
313(
g)(
2)
provides
that
a
"
facility
may
use
readily
available
data
(
including
monitoring
data)
collected
pursuant
to
other
provisions
of
law,
or
where
data
are
not
readily
available,
reasonable
estimates
of
the
amounts
involved."
Respondents
are
not
required
to
develop
new
information.

The
same
level
of
assistance
presently
available
to
Form
R
respondents
is
available
to
those
facilities
applying
the
alternate
threshold
and
completing
the
Form
A
Certification
Statement.
Instructions
and
guidance
documents
are
available,
and
a
toll­
free
hotline
is
available
to
handle
general
and
technical
inquiries
from
the
regulated
community.
The
following
steps
will
be
completed
by
a
facility
using
the
alternate
threshold:

Compliance
Determination
Calculations
(
Compliance)
Completion
of
Form
(
Disclosure)
Substantiation
of
a
Trade
Secret
Claim
(
not
performed
by
all
respondents)
Record
keeping
Supplier
Notification
(
not
performed
by
all
respondents)
Petition
Submission
(
not
a
requirement)
9
Compliance
Determination.
Facilities
must
first
determine
if
they
are
eligible
to
apply
the
alternate
threshold,
and/
or
provide
supplier
notification.
The
determination
is
based
on
the
SIC
code(
s)
for
the
facility,
the
number
of
full­
time
employees
or
equivalents,
the
chemicals
manufactured,
processed
or
otherwise
used
at
the
facility,
and
the
quantity
of
those
chemicals.

Calculations
(
Compliance).
A
facility
has
to
calculate
the
annual
reportable
amount
for
a
chemical
in
order
to
determine
if
the
facility
is
eligible
to
apply
the
alternate
threshold.
The
annual
reportable
amount
is
calculated
as
the
combined
total
of
the
amounts
released
at
the
facility
(
including
disposal),
treated
at
the
facility
(
as
represented
by
amounts
destroyed
or
converted
by
treatment
processes),
recovered
at
the
facility
as
a
result
of
recycling
operations,
combusted
for
the
purpose
of
energy
recovery
at
the
facility,
and
transferred
from
the
facility
to
off­
site
locations
for
the
purpose
of
recycling,
energy
recovery,
treatment,
or
disposal.
In
addition,
the
facility
must
also
determine
that
it
did
not
manufacture,
process,
or
otherwise
use
more
than
1
million
pounds
of
the
listed
chemical.

Completion
of
Form
(
Disclosure).
Each
facility
taking
advantage
of
the
alternate
threshold
must
complete
the
Form
A
Certification
Statement
described
under
section
3(
b)(
I).

Substantiation
of
a
Trade
Secrecy
Claim.
Respondents
wanting
to
make
a
trade
secrecy
claim
for
the
chemical
identity
should
refer
to
documentation
requirements
discussed
in
the
Trade
Secrecy
ICR
for
EPCRA
(
EPA
#
1428,
OMB
#
2050­
0078).

Record
keeping.
Each
facility
taking
advantage
of
the
alternate
threshold
is
required
to
maintain
records
for
a
period
of
three
years
from
the
date
of
the
submission
of
the
Form
A
Certification
Statement,
and
to
make
them
available
upon
request.
These
records
provide
substantiation
that
an
appropriate
threshold
determination
was
made
and
that
the
sum
of
amounts
in
total
waste
did
not
exceed
500
pounds
for
that
chemical
for
that
reporting
year.
This
documentation
is
necessary
for
any
compliance
effort
verifying
the
claims
made
by
a
facility
taking
advantage
of
the
alternate
threshold.
Facilities
must
maintain
a
copy
of
each
Form
A
Certification
Statement
and
Form
R
submitted,
as
well
as
the
documents,
calculations,
and
other
information
they
collected
for
developing
the
reports
submitted.

Supplier
Notification.
No
additional
supplier
notification
requirements
are
associated
with
the
Form
A
Certification
Statement.

Petition
Submission.
No
additional
procedures
relating
to
petition
submissions
are
required
by
the
Form
A
Certification
Statement.
10
5
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT.

5(
a)
Agency
Activities
EPA
activities
for
this
ICR
parallel
requirements
established
for
reporting
TRI
releases
on
Form
R
(
OMB
#
2070­
0093,
EPA
#
1363),
approved
March,
2003,
including:

Assistance
to
Respondents
Data
Management
Data
Processing
and
Quality
Control
Systems
Maintenance
and
Operation
Making
the
Data
Available
to
the
Public
List
Revisions
and
Petition
Reviews
Trade
Secrecy
Reviews
Assistance
to
Respondents.
Assistance
to
respondents
is
offered
in
the
same
manner
as
described
by
the
Form
R
ICR
(
OMB
#
2070­
0093,
EPA
#
1363).
These
assistance
efforts
extend
to
facilities
for
completion
of
a
Form
A
Certification
Statement.

Data
Processing
and
Quality
Control.
Once
a
Form
A
Certification
Statement
is
submitted
and
received
by
the
EPCRA
Reporting
Center,
the
information
is
recorded
into
the
TRIM
Oracle
database.
If
submitted
electronically
(
floppy
disk),
the
information
is
automatically
read
into
TRIM;
if
the
Form
A
Certification
Statement
was
submitted
in
hardcopy,
the
information
is
manually
keyed
into
TRIM.
Automated
data
quality
checks
and
field
verifications
are
built
into
the
electronic
reporting
software
(
ATRS
­
Automated
TRI
Reporting
Software).
Additional
data
quality
checks,
field
verifications,
and
reconciliations
are
performed
sequentially
once
the
electronic
submission
is
read
into
TRIM
or
for
the
first
time
once
the
hardcopy
is
completely
keyed
in.

Systems
Maintenance
and
Operations.
The
TRIM
database
is
maintained
on
an
Oracle
server
on
an
isolated,
secure
local
area
network
at
the
EPCRA
Reporting
Center.
Standard
database
management
activities
are
routinely
preformed
to
maintain
data
and
system
integrity.
Tape
backups
of
the
TRIM
database
are
made
nightly.

Availability
of
the
Data.
In
accordance
with
statute,
a
copy
of
the
database
is
publicly
available
in
electronic
format
using
the
Agency's
internet
site
(
the
data
is
also
maintained
on
the
Agency's
intranet
site).
Users
can
access
the
data
using
either
Envirofacts
or
TRI
Explorer.
Both
tools
allow
the
user
to
view
individual
chemical
submissions,
all
submissions
for
a
given
facility,
or
summary
information
by
Zip
Code,
city,
county,
state,
EPA
Region,
or
nationally.
Searches
can
be
conducted
in
numerous
ways,
including
on
a
chemical
basis
or
by
industry
SIC
code.

In
addition
to
the
public
electronic
database,
EPA
has
also
made
the
TRI
information
11
available
through
a
variety
of
other
electronic
and
non­
electronic
means.
EPA
prepares
a
national
data
release
report
that
describes
the
annual
data
received
and
presents
extensive
summary
information
in
text,
charts,
and
graphics.
Electronic
versions
of
the
database
are
available
in
.
dbf
and
comma
delimited
format
from
the
Agency's
web
site
or
NTIS.
Versions
of
the
Oracle
TRIM
database
are
available
upon
special
request.

Trade
Secrecy
Reviews.
A
respondent
may
claim
a
chemical
as
trade
secret
on
the
Form
A
Certification
Statement
in
the
same
manner
as
when
filing
a
Form
R.
When
a
respondent
claims
a
chemical
identity
as
a
trade
secret,
a
substantiation
must
be
included.
Respondents
often
claim
trade
secret
status
on
Form
R
but
do
not
provide
substantiation.
In
those
cases,
EPA
must
review
the
claim
and
contact
the
respondent
to
determine
the
true
intent.
In
many
cases,
the
trade
secret
claim
was
not
intended
and
no
substantiation
is
made.
Trade
Secrecy
reviews,
including
the
costs
to
EPA,
are
discussed
in
greater
detail
in
the
ICR
for
the
Trade
Secrecy
Rule
for
EPCRA
(
EPA
#
1428,
OMB
#
2050­
0078).

5(
b)
Collection
Methodology
and
Management
The
Form
A
Certification
Statement
can
be
submitted
using
EPA's
magnetic
media
reporting
program,
and
EPA
encourages
the
submission
of
Form
A
Certification
Statements
electronically.
The
use
of
electronic
reporting
serves
to
reduce
the
reporting
burden
on
industry.
It
also
reduces
both
the
cost
and
the
time
required
for
EPA
to
enter,
process,
and
make
the
data
available.
For
the
2000
TRI
reporting
cycle,
approximately
80%
of
Form
Rs
and
Form
A
Certification
Statements
were
submitted
electronically.

5(
c)
Small
Entity
Flexibility
Small
entities,
as
defined
by
the
statute,
are
exempt
from
reporting.
In
addition,
the
alternate
threshold
is
advantageous
to
those
entities
which
might
be
classified
as
small
under
other
definitions.
The
range
established
by
the
500
pound
category
may
apply
proportionally
higher
to
smaller
entities,
thereby
resulting
in
greater
regulatory
relief
for
these
facilities.
EPA
considered
a
number
of
different
threshold
levels
when
it
promulgated
this
rule.
This
alternate
threshold
was
chosen
because
it
best
balanced
burden
reduction
with
the
need
for
data
and
information,
and
is
consistent
with
the
requirements
of
EPCRA
section
313.

Furthermore,
EPA
has
prepared
various
materials
to
assist
facilities
in
reporting
to
TRI,
thereby
lowering
the
cost
of
reporting.
These
materials
include
detailed
reporting
instructions,
a
question
and
answer
document,
magnetic
media
reporting,
general
technical
guidance,
and
industry
specific
guidance
documents.
In
addition,
EPA
maintains
a
toll­
free
hotline
to
answer
regulatory
and
technical
questions
to
assist
facilities.

Through
the
development
of
the
Form
A
Certification
Statement
(
in
conjunction
with
the
petition
process,
electronic
reporting,
efforts
to
review
the
original
list
of
TRI
chemicals
to
determine
whether
any
of
those
chemicals
do
not
meet
the
listing
criteria,
and
other
12
mechanisms),
EPA
has
reduced,
to
the
extent
practicable
and
appropriate
at
this
time,
the
burden
on
persons
providing
the
information
being
collected
under
EPCRA
section
313.
EPA
continues
to
work
with
affected
parties
to
identify
opportunities
for
further
burden
reduction.

5(
d)
Collection
Schedule
Section
313
requires
annual
reporting
for
the
Form
R.
The
respondent
and
Agency
schedule
of
activities
associated
with
the
collection
and
processing
of
information
under
EPCRA
section
313
is
unchanged
for
the
alternate
threshold.
Whether
making
a
Form
R
submission
or
submitting
a
Form
A
Certification
Statement
based
on
the
alternate
threshold,
respondents
must
submit
their
forms
to
EPA
for
any
given
reporting
year
on
or
before
July
1
of
the
succeeding
year.
1
Facilities
must
also
determine
whether
they
are
within
a
covered
Standard
Industrial
Classification
(
SIC)
code;
have
the
equivalent
of
10
or
more
full­
time
employees;
and
manufacture,
process
or
use
any
of
the
listed
toxic
chemicals
above
the
threshold
quantity.
The
time
required
for
compliance
determination
at
all
facilities
in
covered
SIC
codes
with
10
or
more
employees
is
already
accounted
for
in
the
Form
R
information
collection
request
(
OMB
#
2070­
0093).

13
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
This
section
presents
the
burden
of
this
information
collection
activity
on
respondents
in
terms
of
the
time
required
for
facility
personnel
to
perform
the
steps
outlined
in
Section
4
of
this
document.
These
burden
estimates
are
based
on
previous
ICRs
and
economic
analyses,
respondent
experience
as
reflected
in
comments
to
EPA
and
other
parties,
and
information
acquired
through
site
visits
and
telephone
interviews.

The
burden
to
respondents
is
estimated
for
Form
A
Certification
Statement
requirements.
Burden
estimates
are
developed
for
the
compliance
activities
and
then
multiplied
by
the
number
of
facilities
or
reports
(
as
appropriate)
to
estimate
the
total
burden
to
respondents.
The
burden
estimates
used
by
EPA
are
national
average
values.
As
with
any
average,
some
facilities
will
be
above
the
average,
and
others
will
be
below
it.
Large,
complex
facilities
may
require
more
than
the
average
time
to
comply.
However,
there
are
many
other
facilities
subject
to
the
rule
that
are
not
large
or
complex.
Therefore,
EPA
believes
that
its
burden
estimates
represent
reasonable
national
averages.
The
tasks
associated
with
the
alternate
threshold
reporting
include
report
calculations
and
certification,
form
completion,
and
recordkeeping
and
submission.
1
Specifically:

°
Rule
Familiarization:
Facilities
that
are
reporting
under
section
313
for
the
first
time
must
read
the
reporting
package
and
become
familiar
with
the
reporting
requirements.
This
includes
the
time
needed
to
review
instructions,
and
the
time
needed
to
train
personnel
to
be
able
to
respond
to
a
collection
of
information.

°
Calculations/
Certification:
Facilities
must
gather
data
and
perform
calculations
to
determine
eligibility
for
the
alternate
threshold.
This
includes
the
time
to
search
data
sources,
and
the
time
to
complete
and
review
the
information.

°
Form
Completion:
Facilities
must
complete
the
form.
Facilities
use
a
single
Form
A
Certification
Statement
to
submit
certifications
for
all
chemicals
that
are
eligible
for
the
alternate
threshold.

°
Recordkeeping/
Submission:
Facilities
must
maintain
recordkeeping
systems
and
submit
the
completed
Form
A
Certification
Statement
to
EPA
and
the
states.

Each
of
these
steps
is
described
in
more
detail
below.
14
Rule
Familiarization
If
a
facility
will
be
reporting
under
the
section
313
requirements
for
the
first
time,
facility
staff
must
review
and
comprehend
the
reporting
requirements.
At
a
minimum,
this
effort
will
involve
reading
the
instructions
to
the
Toxic
Release
Inventory
Reporting
Forms,
however,
it
may
also
involve
consulting
EPA
guidance
documents,
attending
a
training
course,
and/
or
calling
the
EPCRA
technical
hotline.
The
cost
associated
with
rule
familiarization
occurs
only
in
the
first
year
that
a
facility
becomes
subject
to
reporting.
In
subsequent
years,
staff
are
assumed
to
be
familiar
with
the
requirements
that
apply
to
their
facility.
Thus,
the
facility
would
no
longer
bear
this
cost.
Similarly,
facilities
that
already
report
on
one
or
more
existing
TRI
chemicals
will
not
incur
a
rule
familiarization
cost.

Calculations/
Certification
To
certify
that
a
listed
toxic
chemical
qualifies
for
the
alternate
threshold,
a
facility
must
estimate
its
annual
reportable
amount
and
the
amount
manufactured,
processed,
or
otherwise
used.
If
a
facility's
annual
reportable
amount
for
a
listed
toxic
chemical
is
500
pounds
or
less,
the
facility
is
eligible
to
apply
the
alternate
threshold
of
1
million
pounds
manufactured,
processed
or
otherwise
used.

Recordkeeping/
Submission
After
a
facility
has
certified
a
listed
toxic
chemical
as
eligible
for
the
alternate
threshold,
it
incurs
additional
labor
costs
for
recordkeeping
and
submission.
Recordkeeping
allows
a
facility
to
use
the
information
in
making
calculations
in
subsequent
years,
and
as
documentation
in
the
event
it
receives
a
compliance
audit.
Facilities
may
maintain
such
records
as
estimation
methodology
and
calculations,
engineering
reports,
inventory,
incident
and
operating
logs,
and
any
other
supporting
materials
needed
to
document
eligibility
for
the
alternate
threshold.
Facilities
must
transmit
Form
A
Certification
Statements
to
EPA
and
State
authorities.

Form
A
Certification
Statement
Completion
If
a
facility
is
eligible
to
apply
the
alternate
threshold,
it
must
complete
the
Form
A
Certification
Statement.
The
facility
completes
one
Form
A
Certification
Statement
that
contains
certifications
for
all
the
listed
toxic
chemicals
to
which
it
is
applying
the
alternate
threshold.

Respondent
Burden
The
calculations
needed
to
determine
eligibility
for
the
Form
A
Certification
Statement
are
a
subset
of
the
calculations
necessary
to
complete
Form
R.
Thus,
the
time
required
to
calculate
the
annual
reportable
amount
was
estimated
in
previous
ICRs
by
aggregating
EPA's
estimates
of
the
time
required
to
calculate
each
of
the
sections
of
Form
R
that
are
relevant
to
determining
annual
reportable
amount.
According
to
this
estimate,
calculations
for
a
Form
A
2
USEPA/
OPPT,
Regulatory
Impact
Analysis
of
the
EPCRA
Section
313
Alternate
Threshold
Final
Rule,
November
18,
1994.

3
USEPA/
OEI,
Estimates
of
Burden
Hours
for
Economic
Analyses
of
the
Toxics
Release
Inventory,
June
10,
2002.

4
USEPA/
OEI,
Estimates
of
Burden
Hours
for
Economic
Analyses
of
the
Toxics
Release
Inventory,
June
10,
2002.
Note
that
one
outlier
among
the
9
facilities
reported
a
much
higher
per
chemical
burden
than
the
other
8
facilities.
Without
this
outlier,
the
average
of
facility­
level
burden
hours
per
chemical
certification
would
be
3.8
to
4.9
hours
per
15
Certification
Statement
take
approximately
64
percent
of
the
time
of
calculations
for
the
Form
R.
2
For
the
purposes
of
this
ICR,
first­
year
reporting
burden
hour
estimates
have
not
been
modified
from
previous
ICRs.
However,
based
on
EPA's
recent
revision
to
the
unit
burden
estimates
for
Form
R
calculations,
EPA
now
estimates
that
calculating
an
annual
reportable
amount
for
a
Form
A
Certification
Statement
will
require
an
average
of
9.3
hours
for
each
listed
toxic
chemical
that
the
facility
must
report
under
EPCRA
section
313.3
EPA's
estimates
by
activity
and
labor
category
are
shown
in
Table
1.

Table
1
Average
Annual
Burden
Hour
Estimates
for
Form
A
Activity
Management
Technical
Clerical
Total
Hours
First­
year
activities
Rule
Fam
iliarization
­
first­
time
filers
12
22.5
0
34.5
Calculations/
Certification
­
first­
time
filers
16.3
26
2.2
44.5
Form
A
Com
pletion
­
first­
time
filers
0.15
1.8
0.15
2.1
Recordkeeping/
Submission
0
2.4
0.6
3
Total
28.45
52.7
2.95
84.1
Subsequent
year
activities
Calculations/
Certification
­
subsequent
year
filers
3.4
5.5
0.4
9.3
Form
A
Com
pletion
­
subsequent
year
filers
0.1
1.2
0.1
1.4
Recordkeeping/
Submission
0
2.4
0.6
3
Total
3.5
9.1
1.1
13.7
In
April
2002,
EPA
contacted
nine
facilities
that
file
Form
A
Certification
Statements
to
gather
information
on
the
typical
facility
level
burden
associated
with
using
the
reporting
form.
The
total
facility
level
burden
estimates
were
reported
in
ranges.
Depending
on
whether
the
midpoint
or
maximum
of
the
range
was
used,
the
average
of
facility­
level
burden
hours
per
chemical
certification
was
reported
at
11.2
to
15.5
hours.
EPA's
estimate
of
13.7
hours
for
a
facility
certifying
one
chemical
on
a
Form
A
Certification
Statement
falls
within
this
range.
4
chemical
certified.

5
USEPA/
OEI,
Wage
Rates
for
Economic
Analyses
of
the
Toxics
Release
Inventory
Program,
June
10,
2002.
Note
that
the
wage
rates
used
in
this
supporting
statement
have
been
updated
to
December
2002.
The
loaded
hourly
rates
are
$
53.31
for
management
labor,
$
43.33
for
technical
labor,
and
$
23.96
for
clerical
labor.

16
6(
b)
Estimating
Respondent
Costs
Respondent
costs
are
related
to
the
number
of
chemicals
certifications
reported
on
the
Form
A
Certification
Statements
and
the
loaded
hourly
rates
of
the
personnel
who
complete
the
reporting
activities.
The
total
reporting
burden
is
estimated
to
average
84.1
hours
for
a
facility
submitting
a
single
certification
statement
under
EPCRA
section
313
for
the
first
time.
(
This
includes
the
time
required
for
rule
familiarization,
calculations/
certification,
Form
A
Certification
Statement
completion,
and
recordkeeping/
submission.)
The
total
reporting
burden
is
estimated
to
average
13.7
hours
for
a
facility
submitting
a
single
certification
statement
under
EPCRA
section
313
in
subsequent
reporting
years.
(
This
includes
the
time
required
for
calculations/
certification,
Form
A
Certification
Statement
completion,
and
recordkeeping/
submission.)
By
comparison,
the
average
time
required
for
calculations,
form
completion,
and
recordkeeping/
submission
for
Form
R
is
estimated
to
average
19.5
hours
per
form.
Thus,
for
a
facility
filing
a
Form
A
Certification
Statement
for
a
single
chemical,
the
alternate
threshold
yields
an
average
savings
of
5.8
hours
in
subsequent
reporting
years.

For
a
facility
that
certifies
multiple
chemicals
on
a
Form
A
Certification
Statement,
the
burden
per
reported
chemical
is
reduced.
An
average
of
2.4
chemicals
per
facility
were
reported
to
EPA
using
Form
A
Certification
Statements
for
the
2000
reporting
year.
About
50
percent
of
the
facilities
using
the
Form
A
Certification
Statement
reported
on
one
chemical,
another
20
percent
reported
on
two
chemicals,
15
percent
on
three
chemicals,
and
the
remaining
15
percent
of
facilities
reported
on
4
or
more
chemicals.
The
typical
per
facility
burden
and
cost
for
certifying
one
to
three
chemicals
is
shown
in
Table
2.
The
loaded
hourly
rates
used
in
Table
2
correspond
with
the
loaded
hourly
rates
for
the
relevant
labor
categories
in
the
Form
R
ICR
renewal.
5
17
Table
2
Annual
Burden
and
Cost
per
Facility
(
Assuming
1,
2,
or
3
Chemicals)

Activity
Number
of
Chemicals
Reported
on
Each
Form
A
1
Chemical
2
Chemicals
3
Chemicals
hours
cost
hours
cost
hours
cost
First­
year
filers
Rule
Fam
iliarization
­
first­
time
filers
34.5
$
1,615
34.5
$
1,615
34.5
$
1,615
Calculations/
Certification
­
first­
time
filers
44.5
$
2,048
89
$
4,096
133.5
$
6,144
Form
A
Com
pletion
­
first­
time
filers
2.1
$
90
2.1
$
90
2.1
$
90
Recordkeeping/
Submission
3
$
118
6
$
236
9
$
354
Total
per
Facility
84.1
$
3,871
131.6
$
6,037
179.1
$
8,203
Average
per
Chemical
84.1
$
3,871
65.8
$
3,019
59.7
$
2,734
Subsequent
year
filers
Calculations/
Certification
­
subsequent
year
filers
9.3
$
429
18.6
$
858
27.9
$
1,287
Form
A
Com
pletion
­
subsequent
year
filers
1.4
$
60
1.4
$
60
1.4
$
60
Recordkeeping/
Submission
3
$
118
6
$
236
9
$
354
Total
per
Facility
13.7
$
607
26
$
1,154
38.3
$
1,701
Average
per
Chemical
13.7
$
607
13
$
577
12.8
$
567
6(
c)
Estimating
Agency
Burden
and
Cost
EPA
will
incur
costs
to
process
the
Form
A
Certification
Statements,
perform
outreach
and
training,
disseminate
information,
develop
policy
and
guidance,
respond
to
petitions,
and
perform
compliance
and
enforcement
audits.
EPA
measures
its
resource
requirements
in
terms
of
the
number
of
forms
that
must
be
processed.
EPA
employees
(
as
measured
by
full
time
equivalents,
or
FTEs)
and
extramural
costs
are
separated
into
a
fixed
component
and
an
variable
component.
The
fixed
component
of
EPA
FTEs
and
costs
is
described
in
the
Form
R
ICR
(
OMB
#
2070­
0093).
The
variable
component
is
the
amount
that
varies
depending
on
the
number
of
forms.
The
variable
component
reflects
total
extramural
data
processing
costs
divided
by
the
total
number
of
reports
processed
in
the
2000
reporting
year.
EPA
expends
$
26
in
variable
costs
for
each
form
processed.
A
total
of
5,000
Form
A
Certification
Statements
are
expected
to
be
filed.
Thus,
the
total
annual
burden
to
EPA
is
estimated
to
be
$
130,000
in
variable
costs
for
the
Form
A
Certification
Statement.

6(
d)
Bottom
Line
Burden
Hours
and
Costs
Total
respondent
burden
is
related
to
the
number
of
chemicals
certifications
reported
on
the
Form
A
Certification
Statements
and
the
number
of
facilities
that
file
Form
A
Certification
Statements.
The
number
of
respondents
and
responses
is
based
on
the
actual
numbers
of
facilities
making
chemical
certifications
on
Form
A
Certification
Statements
in
the
latest
reporting
year.
As
shown
in
Table
3,
the
number
of
facilities
using
the
Form
A
Certification
6
USEPA/
OEI,
Estimates
of
Burden
Hours
for
Economic
Analyses
of
the
Toxics
Release
Inventory,
June
10,
2002.

18
Statement
has
increased
since
1995,
the
first
year
the
form
was
available.
Starting
in
1998,
nonmanufacturing
industries
began
reporting
to
TRI
using
both
the
Form
A
Certification
Statement
and
Form
R.
Also
starting
in
1998,
respondents
were
allowed
to
make
multiple
chemical
certifications
on
a
single
Form
A
Certification
Statement.
Note
that
electronic
submissions
allow
some
companies
to
report
for
multiple
facilities
on
a
single
Form
A
Certification
Statement,
which
is
why
there
are
fewer
facilities
than
Form
A
Certification
Statements.
Note
also
that
facilities
can
file
both
Form
Rs
and
Form
A
Certification
Statements,
so
the
total
number
of
TRI
reporting
facilities
is
less
than
the
sum
of
facilities
filing
Form
Rs
and
facilities
filing
Form
A
Certification
Statements.
For
the
purposes
of
bottom
line
burden
hours
and
costs
in
this
ICR
supporting
statement,
EPA
is
using
the
latest
number
of
facilities
and
responses
rounded
to
the
next
highest
hundred
or
thousand
as
appropriate
(
in
this
case,
5,200
facilities
and
5,000
responses
on
13,000
chemicals).

Table
3
Usage
of
Form
A
vs.
Form
R
Form
A
Form
R
Reporting
Year
Facilities
Responses
Chemicals
Facilities
Responses
1994
N/
A
N/
A
N/
A
23,663
77,941
1995
3,231
6,865
6,865
21,373
70,749
1996
3,618
7,720
7,720
20,757
67,713
1997
5,185
10,947
10,947
19,594
64,148
1998
5,822
5,627
13,942
21,089
75,978
1999
5,444
5,085
12,894
20,167
72,450
2000
5,451
5,121
13,209
20,669
78,304
2001
5,136
4,929
12,295
22,359
83,218
In
an
effort
to
reduce
reporting
burden,
EPA
has
developed
intelligent
software
for
the
desktop
computer
called
TRI
 
Made
Easy
(
TRI­
ME)
to
assist
facilities
in
determining
and
completing
their
reporting
obligations.
Over
the
three
years
of
the
ICR
period,
EPA
expects
adoption
rates
of
TRI­
ME
to
increase
rapidly.
For
the
purposes
of
this
ICR,
EPA
uses
an
annualized
estimate
of
60
percent
of
reports
being
filed
using
TRI­
ME.
Note
that
78
percent
of
the
reporting
year
2001
Form
A
Certification
Statement
responses
were
received
electronically,
and
36
percent
of
Form
A
Certification
Statement
responses
were
filed
using
TRI­
ME.
In
the
previous
ICR,
EPA
had
predicted
a
40
percent
TRI­
ME
adoption
rate
for
reporting
year
2001,
which
is
very
close
to
the
actual
level.

Based
on
responses
from
facilities
that
tested
TRI­
ME
in
Reporting
Year
2000,
EPA
expects
that
TRI­
ME
will
result
in
a
burden
reduction
of
25
percent
in
the
activities
of
Form
R
Completion
and
Recordkeeping/
Submission.
6
For
the
Form
A
Certification
Statement
ICR,
this
burden
reduction
estimate
is
applied
to
the
activities
of
Calculations/
Certification
and
Recordkeeping/
Submission.
7
Since
1994,
there
have
been
three
reporting
years
with
no
major
programmatic
changes.
Based
on
reporting
for
1996,
1997,
and
1999,
the
average
rate
of
facilities
that
file
using
new
TRIFIDs
is
4.7%.
These
facilities
filed
an
average
of
4.5%
of
the
Form
A
Certification
Statements.
For
the
purposes
of
this
ICR,
these
facilities
represent
"
first­
time
filers."

19
Total
respondent
burden
and
cost
for
the
Form
A
Certification
Statement,
including
an
adjustment
for
TRI­
ME,
is
shown
in
Table
4.7
Table
4
Total
Annual
Respondent
Burden
and
Cost
ACTIVITY
Hours
Number
of
Facilities
Number
of
Chemicals
Total
Burden
Rule
Fam
iliarization
­
First­
year
filers
34.5
244
N/
A
8,432
Calculations/
Certification
­
First­
year
filers
44.5
N/
A
585
26,033
Form
A
Com
pletion
­
First­
year
filers
2.1
244
N/
A
513
TRI­
ME
Reduction
­
First­
year
filers
(
11.9)
N/
A
351
(
4,177)
Calculations/
Certification
­
Subsequent
year
filers
9.3
N/
A
12,415
115,460
Form
A
Com
pletion
­
Subsequent
year
filers
1.4
4,956
N/
A
6,938
TRI­
ME
Reduction
­
Subsequent
year
filers
(
3.1)
N/
A
7,449
(
23,092)
Recordkeeping/
Submission
­
All
filers
3
N/
A
13,000
39,000
Total
Burden
169,106
ACTIVITY
Cost
Number
of
Facilities
Number
of
Chemicals
Total
Cost
Rule
Fam
iliarization
­
First­
year
filers
$
1,615
244
N/
A
$
394,706
Calculations/
Certification
­
First­
year
filers
$
2,048
N/
A
585
$
1,198,080
Form
A
Com
pletion
­
First­
year
filers
$
90
244
N/
A
$
21,996
TRI­
ME
Reduction
­
First­
year
filers
($
542)
N/
A
351
($
190,242)
Calculations/
Certification
­
Subsequent
year
filers
$
429
N/
A
12,415
$
5,326,035
Form
A
Com
pletion
­
Subsequent
year
filers
$
60
4,956
N/
A
$
297,336
TRI­
ME
Reduction
­
Subsequent
year
filers
($
137)
N/
A
7,449
($
1,020,513)
Recordkeeping/
Submission
­
All
filers
$
118
N/
A
13,000
$
1,534,000
Total
Cost
$
7,561,398
Total
annual
respondent
burden
and
cost
for
completing
the
Form
A
Certification
Statement
are
estimated
at
169,106
burden
hours
with
a
loaded
labor
cost
of
$
7.56
million
per
year.
Total
EPA
cost
for
processing
the
Form
A
Certification
Statements
is
estimated
at
$
130,000
per
year.

6(
e)
Reasons
for
Change
in
Burden
The
estimated
burden
described
above
differs
from
what
is
currently
in
OMB's
inventory
for
alternate
threshold
reporting:
5,121
responses
(
Form
A
Certification
Statements)
and
463,670
burden
hours.
The
burden
estimated
in
this
supporting
statement
differs
from
OMB's
inventory
as
a
result
of
adjustments
to
estimates
of
number
of
responses
(
from
5,121
responses
to
5,000
responses),
changes
to
subsequent
year
unit
reporting
burden
estimates
(
from
30.2
to
9.2
burden
20
hours
per
chemical
certified
on
a
Form
A
Certification
Statement),
and
an
adjustment
for
use
of
TRI­
ME
for
those
forms
completed
using
TRI­
ME.
Table
5
summarizes
the
major
program
changes
and
adjustments
that
have
been
made
over
the
last
several
years,
as
well
as
changes
due
to
adjustments
in
this
ICR
supporting
statement.

6(
f)
Burden
Statement
(
To
appear
on
Collection
Instrument)

The
annual
public
burden
for
this
collection
of
information,
which
is
approved
under
OMB
Control
No.
2070­
0143,
is
estimated
to
average
13.7
hours
for
a
facility
that
certifies
one
chemical
per
Form
A
Certification
Statement.
Responding
to
this
information
collection
requires
1)
determining
whether
a
listed
toxic
chemical
is
eligible
for
certification
under
the
alternate
threshold,
and
2)
completing
the
Form
A
Certification
Statement.
The
burden
of
determining
eligibility
for
certification
and
associated
recordkeeping
is
estimated
to
average
12.3
hours
for
each
chemical
that
is
certified.
The
burden
of
completing
the
Form
A
Certification
Statement
is
estimated
to
average
1.4
hours,
regardless
of
the
number
of
chemicals
being
certified.
The
total
burden
per
response
is
the
combination
of
these
two,
and
will
vary
depending
on
the
number
of
listed
toxic
chemicals
being
certified.

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.
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
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
1200
Pennsylvania
Ave.,
NW,
Washington,
D.
C.
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.

The
completed
forms
should
be
submitted
in
accordance
with
the
instructions
accompanying
the
form,
or
as
specified
in
the
corresponding
regulation.
Table
5
Changes
in
Form
A
Burden
Activity
­
Explanation
#
1704
­
Form
A
(
OMB
#
2070­
0143)
#
1784
­
Industry
Expansion
(
OMB
#
2070­
0157)
Responses
Burden
Hours
Responses
Burden
Hours
1995
Program
Change
­
Alternate
Threshold:
This
rule
established
an
alternate
report
for
low
reportable
amounts
and
had
its
own
ICR.
23,288
803,436
 
 
1995
Program
Change
­
Petition
Delistings:
EPA
granted
several
petitions
to
delist
chemicals
from
the
list
of
chemicals
subject
to
reporting.
­
2,241
­
77,539
 
 
1996
Program
Change
­
Petition
Delistings:
­
533
­
18,442
 
 
1996
Adjustment
­
Form
A
ICR
Renewal:
Minor
adjustment
to
burden.
 
+
2,328
 
 
1997
Program
Change
­
Industry
Expansion:
This
rule
expanded
the
list
of
industries
subject
to
reporting
under
TRI.
 
 
+
45,415
+
2,704,085
1997
Adjustment
­
ICR
Amendments:
The
burden
hours
for
the
industry
expansion
rule
(
with
minor
adjustment
to
burden)
were
incorporated
into
the
Form
R
and
Form
A
ICRs
by
OMB.
+
7,121
+
281,517
­
45,415
­
2,704,085
1998
Form
A
ICR.
Program
Change:
Reporting
change
to
allow
submission
of
multiple
chemicals
on
a
single
Form
A.
­
14,478
­
82,264
 
 
1999
Adjustment
­
Form
A
ICR
renewal
­
4,085
­
262,161
 
 
2000
Form
A
ICR
Renewal
+
5,721
­
2,114
 
 
January
2003
Form
A
ICR
Renewal
­
Incorporates
accounting
adjustments
to
more
accurately
reflect
actual
number
of
responses.
­
9,672
­
181,091
 
 
October
2003
Form
A
ICR
Renewal
­
This
request
incorporates
accounting
adjustments
to
more
accurately
reflect
reporting
burden
and
actual
number
of
responses.
­
121
­
294,563
CURRENT
TOTALS
­­­­­­­­­­­­­­­­­­­­­­>
5,000
169,106
0
0
A­
1
ATTACHMENT
A
RELEVANT
STATUTES:
EPCRA
SECTION
313
AND
PPA
SECTION
6607
A­
2
EMERGENCY
PLANNING
AND
COMMUNITY
RIGHT­
TO­
KNOW
ACT
SECTION
313
UNITED
STATES
CODE
TITLE
42
­
THE
PUBLIC
HEALTH
AND
WELFARE
CHAPTER
116
­
EMERGENCY
PLANNING
AND
COMMUNITY
RIGHT­
TO­
KNOW
SUBCHAPTER
I
­
EMERGENCY
PLANNING
AND
NOTIFICATION
§
11023.
Toxic
chemical
release
forms
(
a)
Basic
requirement
The
owner
or
operator
of
a
facility
subject
to
the
requirements
of
this
section
shall
complete
a
toxic
chemical
release
form
as
published
under
subsection
(
g)
of
this
section
for
each
toxic
chemical
listed
under
subsection
(
c)
of
this
section
that
was
manufactured,
processed,
or
otherwise
used
in
quantities
exceeding
the
toxic
chemical
threshold
quantity
established
by
subsection
(
f)
of
this
section
during
the
preceding
calendar
year
at
such
facility.
Such
form
shall
be
submitted
to
the
Administrator
and
to
an
official
or
officials
of
the
State
designated
by
the
Governor
on
or
before
July
1,
1988,
and
annually
thereafter
on
July
1
and
shall
contain
data
reflecting
releases
during
the
preceding
calendar
year.

(
b)
Covered
owners
and
operators
of
facilities
(
1)
In
general
(
A)
The
requirements
of
this
section
shall
apply
to
owners
and
operators
of
facilities
that
have
10
or
more
full­
time
employees
and
that
are
in
Standard
Industrial
Classification
Codes
20
through
39
(
as
in
effect
on
July
1,
1985)
and
that
manufactured,
processed,
or
otherwise
used
a
toxic
chemical
listed
under
subsection
(
c)
of
this
section
in
excess
of
the
quantity
of
that
toxic
chemical
established
under
subsection
(
f)
of
this
section
during
the
calendar
year
for
which
a
release
form
is
required
under
this
section.
(
B)
The
Administrator
may
add
or
delete
Standard
Industrial
Classification
Codes
for
purposes
of
subparagraph
(
A),
but
only
to
the
extent
necessary
to
provide
that
each
Standard
Industrial
Code
to
which
this
section
applies
is
relevant
to
the
purposes
of
this
section.
(
C)
For
purposes
of
this
section
­
(
i)
The
term
"
manufacture"
means
to
produce,
prepare,
import,
or
compound
a
toxic
chemical.
(
ii)
The
term
"
process"
means
the
preparation
of
a
toxic
chemical,
after
its
manufacture,
for
distribution
in
commerce
­
(
I)
in
the
same
form
or
physical
state
as,
or
in
a
different
form
or
physical
state
from,
that
in
which
it
was
received
by
the
person
so
preparing
such
chemical,
or
(
II)
A­
3
as
part
of
an
article
containing
the
toxic
chemical.

(
2)
Discretionary
application
to
additional
facilities
The
Administrator,
on
his
own
motion
or
at
the
request
of
a
Governor
of
a
State
(
with
regard
to
facilities
located
in
that
State),
may
apply
the
requirements
of
this
section
to
the
owners
and
operators
of
any
particular
facility
that
manufactures,
processes,
or
otherwise
uses
a
toxic
chemical
listed
under
subsection
(
c)
of
this
section
if
the
Administrator
determines
that
such
action
is
warranted
on
the
basis
of
toxicity
of
the
toxic
chemical,
proximity
to
other
facilities
that
release
the
toxic
chemical
or
to
population
centers,
the
history
of
releases
of
such
chemical
at
such
facility,
or
such
other
factors
as
the
Administrator
deems
appropriate.

(
c)
Toxic
chemicals
covered
The
toxic
chemicals
subject
to
the
requirements
of
this
section
are
those
chemicals
on
the
list
in
Committee
Print
Number
99­
169
of
the
Senate
Committee
on
Environment
and
Public
Works,
titled
"
Toxic
Chemicals
Subject
to
Section
313
of
the
Emergency
Planning
and
Community
Right­
To­
Know
Act
of
1986"
(
42
U.
S.
C.
11023)
(
including
any
revised
version
of
the
list
as
may
be
made
pursuant
to
subsection
(
d)
or
(
e)
of
this
section).

(
d)
Revisions
by
Administrator
(
1)
In
general
The
Administrator
may
by
rule
add
or
delete
a
chemical
from
the
list
described
in
subsection
(
c)
of
this
section
at
any
time.

(
2)
Additions
A
chemical
may
be
added
if
the
Administrator
determines,
in
his
judgment,
that
there
is
sufficient
evidence
to
establish
any
one
of
the
following:
(
A)
The
chemical
is
known
to
cause
or
can
reasonably
be
anticipated
to
cause
significant
adverse
acute
human
health
effects
at
concentration
levels
that
are
reasonably
likely
to
exist
beyond
facility
site
boundaries
as
a
result
of
continuous,
or
frequently
recurring,
releases.
(
B)
The
chemical
is
known
to
cause
or
can
reasonably
be
anticipated
to
cause
in
humans
­
(
i)
cancer
or
teratogenic
effects,
or
(
ii)
serious
or
irreversible
­
(
I)
reproductive
dysfunctions,
(
II)
neurological
disorders,
(
III)
heritable
genetic
mutations,
or
(
IV)
other
chronic
health
effects.
(
C)
The
chemical
is
known
to
cause
or
can
reasonably
be
anticipated
to
cause,
A­
4
because
of
­
(
i)
its
toxicity,
(
ii)
its
toxicity
and
persistence
in
the
environment,
or
(
iii)
its
toxicity
and
tendency
to
bioaccumulate
in
the
environment,
a
significant
adverse
effect
on
the
environment
of
sufficient
seriousness,
in
the
judgment
of
the
Administrator,
to
warrant
reporting
under
this
section.
The
number
of
chemicals
included
on
the
list
described
in
subsection
©
of
this
section
on
the
basis
of
the
preceding
sentence
may
constitute
in
the
aggregate
no
more
than
25
percent
of
the
total
number
of
chemicals
on
the
list.
A
determination
under
this
paragraph
shall
be
based
on
generally
accepted
scientific
principles
or
laboratory
tests,
or
appropriately
designed
and
conducted
epidemiological
or
other
population
studies,
available
to
the
Administrator.

(
3)
Deletions
A
chemical
may
be
deleted
if
the
Administrator
determines
there
is
not
sufficient
evidence
to
establish
any
of
the
criteria
described
in
paragraph
(
2).

(
4)
Effective
date
Any
revision
made
on
or
after
January
1
and
before
December
1
of
any
calendar
year
shall
take
effect
beginning
with
the
next
calendar
year.
Any
revision
made
on
or
after
December
1
of
any
calendar
year
and
before
January
1
of
the
next
calender
year
shall
take
effect
beginning
with
the
calendar
year
following
such
next
calendar
year.

(
e)
Petitions
(
1)
In
general
Any
person
may
petition
the
Administrator
to
add
or
delete
a
chemical
from
the
list
described
in
subsection
(
c)
of
this
section
on
the
basis
of
the
criteria
in
subparagraph
(
A)
or
(
B)
of
subsection
(
d)(
2)
of
this
section.
Within
180
days
after
receipt
of
a
petition,
the
Administrator
shall
take
one
of
the
following
actions:
(
A)
Initiate
a
rulemaking
to
add
or
delete
the
chemical
to
the
list,
in
accordance
with
subsection
(
d)(
2)
or
(
d)(
3)
of
this
section.
(
B)
Publish
an
explanation
of
why
the
petition
is
denied.

(
2)
Governor
petitions
A
State
Governor
may
petition
the
Administrator
to
add
or
delete
a
chemical
from
the
list
described
in
subsection
(
c)
of
this
section
on
the
basis
of
the
criteria
in
subparagraph
(
A),
(
B),
or
(
c)
of
subsection
(
d)(
2)
of
this
section.
In
the
case
of
such
a
petition
from
a
State
Governor
to
delete
a
chemical,
the
petition
shall
be
treated
in
A­
5
the
same
manner
as
a
petition
received
under
paragraph
(
1)
to
delete
a
chemical.
In
the
case
of
such
a
petition
from
a
State
Governor
to
add
a
chemical,
the
chemical
will
be
added
to
the
list
within
180
days
after
receipt
of
the
petition,
unless
the
Administrator
­
(
A)
initiates
a
rulemaking
to
add
the
chemical
to
the
list,
in
accordance
with
subsection
(
d)(
2)
of
this
section,
or
(
B)
publishes
an
explanation
of
why
the
Administrator
believes
the
petition
does
not
meet
the
requirements
of
subsection
(
d)(
2)
of
this
section
for
adding
a
chemical
to
the
list.

(
f)
Threshold
for
reporting
(
1)
Toxic
chemical
threshold
amount
The
threshold
amounts
for
purposes
of
reporting
toxic
chemicals
under
this
section
are
as
follows:
(
A)
With
respect
to
a
toxic
chemical
used
at
a
facility,
10,000
pounds
of
the
toxic
chemical
per
year.
(
B)
With
respect
to
a
toxic
chemical
manufactured
or
processed
at
a
facility
­
(
i)
For
the
toxic
chemical
release
form
required
to
be
submitted
under
this
section
on
or
before
July
1,
1988,
75,000
pounds
of
the
toxic
chemical
per
year.
(
ii)
For
the
form
required
to
be
submitted
on
or
before
July
1,
1989,
50,000
pounds
of
the
toxic
chemical
per
year.
(
iii)
For
the
form
required
to
be
submitted
on
or
before
July
1,
1990,
and
for
each
form
thereafter,
25,000
pounds
of
the
toxic
chemical
per
year.

(
2)
Revisions
The
Administrator
may
establish
a
threshold
amount
for
a
toxic
chemical
different
from
the
amount
established
by
paragraph
(
1).
Such
revised
threshold
shall
obtain
reporting
on
a
substantial
majority
of
total
releases
of
the
chemical
at
all
facilities
subject
to
the
requirements
of
this
section.
The
amounts
established
under
this
paragraph
may,
at
the
Administrator's
discretion,
be
based
on
classes
of
chemicals
or
categories
of
facilities.

(
g)
Form
(
1)
Information
required
Not
later
than
June
1,
1987,
the
Administrator
shall
publish
a
uniform
toxic
chemical
release
form
for
facilities
covered
by
this
section.
If
the
Administrator
does
not
publish
such
a
form,
owners
and
operators
of
facilities
subject
to
the
requirements
of
this
section
shall
provide
the
information
required
under
this
subsection
by
letter
A­
6
postmarked
on
or
before
the
date
on
which
the
form
is
due.
Such
form
shall
­
(
A)
provide
for
the
name
and
location
of,
and
principal
business
activities
at,
the
facility;
(
B)
include
an
appropriate
certification,
signed
by
a
senior
official
with
management
responsibility
for
the
person
or
persons
completing
the
report,
regarding
the
accuracy
and
completeness
of
the
report;
and
(
C)
provide
for
submission
of
each
of
the
following
items
of
information
for
each
listed
toxic
chemical
known
to
be
present
at
the
facility:
(
i)
Whether
the
toxic
chemical
at
the
facility
is
manufactured,
processed,
or
otherwise
used,
and
the
general
category
or
categories
of
use
of
the
chemical.
(
ii)
An
estimate
of
the
maximum
amounts
(
in
ranges)
of
the
toxic
chemical
present
at
the
facility
at
any
time
during
the
preceding
calendar
year.
(
iii)
For
each
waste
stream,
the
waste
treatment
or
disposal
methods
employed,
and
an
estimate
of
the
treatment
efficiency
typically
achieved
by
such
methods
for
that
waste
stream.
(
iv)
The
annual
quantity
of
the
toxic
chemical
entering
each
environmental
medium.

(
2)
Use
of
available
data
In
order
to
provide
the
information
required
under
this
section,
the
owner
or
operator
of
a
facility
may
use
readily
available
data
(
including
monitoring
data)
collected
pursuant
to
other
provisions
of
law,
or,
where
such
data
are
not
readily
available,
reasonable
estimates
of
the
amounts
involved.
Nothing
in
this
section
requires
the
monitoring
or
measurement
of
the
quantities,
concentration,
or
frequency
of
any
toxic
chemical
released
into
the
environment
beyond
that
monitoring
and
measurement
required
under
other
provisions
of
law
or
regulation.
In
order
to
assure
consistency,
the
Administrator
shall
require
that
data
be
expressed
in
common
units.

(
h)
Use
of
release
form
The
release
forms
required
under
this
section
are
intended
to
provide
information
to
the
Federal,
State,
and
local
governments
and
the
public,
including
citizens
of
communities
surrounding
covered
facilities.
The
release
form
shall
be
available,
consistent
with
section
11044(
a)
of
this
title,
to
inform
persons
about
releases
of
toxic
chemicals
to
the
environment;
to
assist
governmental
agencies,
researchers,
and
other
persons
in
the
conduct
of
research
and
data
gathering;
to
aid
in
the
development
of
appropriate
regulations,
guidelines,
and
standards;
and
for
other
similar
purposes.

(
I)
Modifications
in
reporting
frequency
(
1)
In
general
A­
7
The
Administrator
may
modify
the
frequency
of
submitting
a
report
under
this
section,
but
the
Administrator
may
not
modify
the
frequency
to
be
any
more
often
than
annually.
A
modification
may
apply,
either
nationally
or
in
a
specific
geographic
area,
to
the
following:
(
A)
All
toxic
chemical
release
forms
required
under
this
section.
(
B)
A
class
of
toxic
chemicals
or
a
category
of
facilities.
(
C)
A
specific
toxic
chemical.
(
D)
A
specific
facility.

(
2)
Requirements
A
modification
may
be
made
under
paragraph
(
1)
only
if
the
Administrator
­
(
A)
makes
a
finding
that
the
modification
is
consistent
with
the
provisions
of
subsection
(
h)
of
this
section,
based
on
­
(
i)
experience
from
previously
submitted
toxic
chemical
release
forms,
and
(
ii)
determinations
made
under
paragraph
(
3),
and
(
B)
the
finding
is
made
by
a
rulemaking
in
accordance
with
section
553
of
title
5.

(
3)
Determinations
The
Administrator
shall
make
the
following
determinations
with
respect
to
a
proposed
modification
before
making
a
modification
under
paragraph
(
1):

(
A)
The
extent
to
which
information
relating
to
the
proposed
modification
provided
on
the
toxic
chemical
release
forms
has
been
used
by
the
Administrator
or
other
agencies
of
the
Federal
Government,
States,
local
governments,
health
professionals,
and
the
public.
(
B)
The
extent
to
which
the
information
is
(
i)
readily
available
to
potential
users
from
other
sources,
such
as
State
reporting
programs,
and
(
ii)
provided
to
the
Administrator
under
another
Federal
law
or
through
a
State
program.
(
C)
The
extent
to
which
the
modification
would
impose
additional
and
unreasonable
burdens
on
facilities
subject
to
the
reporting
requirements
under
this
section.

(
4)
5­
year
review
Any
modification
made
under
this
subsection
shall
be
reviewed
at
least
once
every
5
years.
Such
review
shall
examine
the
modification
and
ensure
that
the
requirements
of
paragraphs
(
2)
and
(
3)
still
justify
continuation
of
the
modification.
Any
change
to
a
modification
reviewed
under
this
paragraph
shall
be
made
in
accordance
with
this
subsection.
A­
8
(
5)
Notification
to
Congress
The
Administrator
shall
notify
Congress
of
an
intention
to
initiate
a
rulemaking
for
a
modification
under
this
subsection.
After
such
notification,
the
Administrator
shall
delay
initiation
of
the
rulemaking
for
at
least
12
months,
but
no
more
than
24
months,
after
the
date
of
such
notification.

(
6)
Judicial
review
In
any
judicial
review
of
a
rulemaking
which
establishes
a
modification
under
this
subsection,
a
court
may
hold
unlawful
and
set
aside
agency
action,
findings,
and
conclusions
found
to
be
unsupported
by
substantial
evidence.

(
7)
Applicability
A
modification
under
this
subsection
may
apply
to
a
calendar
year
or
other
reporting
period
beginning
no
earlier
than
January
1,
1993.

(
8)
Effective
date
Any
modification
made
on
or
after
January
1
and
before
December
1
of
any
calendar
year
shall
take
effect
beginning
with
the
next
calendar
year.
Any
modification
made
on
or
after
December
1
of
any
calendar
year
and
before
January
1
of
the
next
calendar
year
shall
take
effect
beginning
with
the
calendar
year
following
such
next
calendar
year.

(
j)
EPA
management
of
data
The
Administrator
shall
establish
and
maintain
in
a
computer
data
base
a
national
toxic
chemical
inventory
based
on
data
submitted
to
the
Administrator
under
this
section.
The
Administrator
shall
make
these
data
accessible
by
computer
telecommunication
and
other
means
to
any
person
on
a
cost
reimbursable
basis.

(
k)
Report
Not
later
than
June
30,
1991,
the
Comptroller
General,
in
consultation
with
the
Administrator
and
appropriate
officials
in
the
States,
shall
submit
to
the
Congress
a
report
including
each
of
the
following:
(
1)
A
description
of
the
steps
taken
by
the
Administrator
and
the
States
to
implement
the
requirements
of
this
section,
including
steps
taken
to
make
information
collected
under
this
section
available
to
and
accessible
by
the
public.
(
2)
A
description
of
the
extent
to
which
the
information
collected
under
this
section
has
been
used
by
the
Environmental
Protection
Agency,
other
Federal
agencies,
the
States,
and
the
public,
and
the
purposes
for
which
the
information
has
been
used.
A­
9
(
3)
An
identification
and
evaluation
of
options
for
modifications
to
the
requirements
of
this
section
for
the
purpose
of
making
information
collected
under
this
section
more
useful.

(
l)
Mass
balance
study
(
1)
In
general
The
Administrator
shall
arrange
for
a
mass
balance
study
to
be
carried
out
by
the
National
Academy
of
Sciences
using
mass
balance
information
collected
by
the
Administrator
under
paragraph
(
3).
The
Administrator
shall
submit
to
Congress
a
report
on
such
study
no
later
than
5
years
after
October
17,
1986.

(
2)
Purposes
The
purposes
of
the
study
are
as
follows:
(
A)
To
assess
the
value
of
mass
balance
analysis
in
determining
the
accuracy
of
information
on
toxic
chemical
releases.
(
B)
To
assess
the
value
of
obtaining
mass
balance
information,
or
portions
thereof,
to
determine
the
waste
reduction
efficiency
of
different
facilities,
or
categories
of
facilities,
including
the
effectiveness
of
toxic
chemical
regulations
promulgated
under
laws
other
than
this
chapter.
(
C)
To
assess
the
utility
of
such
information
for
evaluating
toxic
chemical
management
practices
at
facilities,
or
categories
of
facilities,
covered
by
this
section.
(
D)
To
determine
the
implications
of
mass
balance
information
collection
on
a
national
scale
similar
to
the
mass
balance
information
collection
carried
out
by
the
Administrator
under
paragraph
(
3),
including
implications
of
the
use
of
such
collection
as
part
of
a
national
annual
quantity
toxic
chemical
release
program.

(
3)
Information
collection
(
A)
The
Administrator
shall
acquire
available
mass
balance
information
from
States
which
currently
conduct
(
or
during
the
5
years
after
October
17,
1986
initiate)
a
mass
balance­
oriented
annual
quantity
toxic
chemical
release
program.
If
information
from
such
States
provides
an
inadequate
representation
of
industry
classes
and
categories
to
carry
out
the
purposes
of
the
study,
the
Administrator
also
may
acquire
mass
balance
information
necessary
for
the
study
from
a
representative
number
of
facilities
in
other
States.
(
B)
Any
information
acquired
under
this
section
shall
be
available
to
the
public,
except
that
upon
a
showing
satisfactory
to
the
Administrator
by
any
person
that
the
information
(
or
a
particular
part
thereof)
to
which
the
Administrator
or
any
officer,
employee,
or
representative
has
access
under
this
section
if
made
public
would
divulge
information
entitled
to
protection
under
section
1905
of
title
18,
A­
10
such
information
or
part
shall
be
considered
confidential
in
accordance
with
the
purposes
of
that
section,
except
that
such
information
or
part
may
be
disclosed
to
other
officers,
employees,
or
authorized
representatives
of
the
United
States
concerned
with
carrying
out
this
section.
(
C)
The
Administrator
may
promulgate
regulations
prescribing
procedures
for
collecting
mass
balance
information
under
this
paragraph.
(
D)
For
purposes
of
collecting
mass
balance
information
under
subparagraph
(
A),
the
Administrator
may
require
the
submission
of
information
by
a
State
or
facility.

(
4)
Mass
balance
definition
For
purposes
of
this
subsection,
the
term
"
mass
balance"
means
an
accumulation
of
the
annual
quantities
of
chemicals
transported
to
a
facility,
produced
at
a
facility,
consumed
at
a
facility,
used
at
a
facility,
accumulated
at
a
facility,
released
from
a
facility,
and
transported
from
a
facility
as
a
waste
or
as
a
commercial
product
or
byproduct
or
component
of
a
commercial
product
or
byproduct.
A­
11
POLLUTION
PREVENTION
ACT
SECTION
6607
UNITED
STATES
CODE
TITLE
42
­
THE
PUBLIC
HEALTH
AND
WELFARE
CHAPTER
133
­
POLLUTION
PREVENTION
§
13106.
Source
reduction
and
recycling
data
collection
(
a)
Reporting
requirements
Each
owner
or
operator
of
a
facility
required
to
file
an
annual
toxic
chemical
release
form
under
section
11023
of
this
title
for
any
toxic
chemical
shall
include
with
each
such
annual
filing
a
toxic
chemical
source
reduction
and
recycling
report
for
the
preceding
calendar
year.
The
toxic
chemical
source
reduction
and
recycling
report
shall
cover
each
toxic
chemical
required
to
be
reported
in
the
annual
toxic
chemical
release
form
filed
by
the
owner
or
operator
under
section
11023(
c)
of
this
title.
This
section
shall
take
effect
with
the
annual
report
filed
under
section
11023
of
this
title
for
the
first
full
calendar
year
beginning
after
November
5,
1990.

(
b)
Items
included
in
report
The
toxic
chemical
source
reduction
and
recycling
report
required
under
subsection
(
a)
of
this
section
shall
set
forth
each
of
the
following
on
a
facility­
by­
facility
basis
for
each
toxic
chemical:

.
(
1)
The
quantity
of
the
chemical
entering
any
waste
stream
(
or
otherwise
released
into
the
environment)
prior
to
recycling,
treatment,
or
disposal
during
the
calendar
year
for
which
the
report
is
filed
and
the
percentage
change
from
the
previous
year.
The
quantity
reported
shall
not
include
any
amount
reported
under
paragraph
(
7).
When
actual
measurements
of
the
quantity
of
a
toxic
chemical
entering
the
waste
streams
are
not
readily
available,
reasonable
estimates
should
be
made
based
on
best
engineering
judgment
(
2)
The
amount
of
the
chemical
from
the
facility
which
is
recycled
(
at
the
facility
or
elsewhere)
during
such
calendar
year,
the
percentage
change
from
the
previous
year,
and
the
process
of
recycling
used.
(
3)
The
source
reduction
practices
used
with
respect
to
that
chemical
during
such
year
at
the
facility.
Such
practices
shall
be
reported
in
accordance
with
the
following
categories
unless
the
Administrator
finds
other
categories
to
be
more
appropriate.
(
A)
Equipment,
technology,
process,
or
procedure
modifications.
(
B)
Reformulation
or
redesign
of
products.
(
C)
Substitution
of
raw
materials.
(
D)
Improvement
in
management,
training,
inventory
control,
materials
handling,
or
other
general
operational
phases
of
industrial
facilities.
(
4)
The
amount
expected
to
be
reported
under
paragraph
(
1)
and
(
2)
for
the
two
A­
12
calendar
years
immediately
following
the
calendar
year
for
which
the
report
is
filed.
Such
amount
shall
be
expressed
as
a
percentage
change
from
the
amount
reported
in
paragraphs
(
1)
and
(
2).
(
5)
A
ratio
of
production
in
the
reporting
year
to
production
in
the
previous
year.
The
ratio
should
be
calculated
to
most
closely
reflect
all
activities
involving
the
toxic
chemical.
In
specific
industrial
classifications
subject
to
this
section,
where
a
feedstock
or
some
variable
other
than
production
is
the
primary
influence
on
waste
characteristics
or
volumes,
the
report
may
provide
an
index
based
on
that
primary
variable
for
each
toxic
chemical.
The
Administrator
is
encouraged
to
develop
production
indexes
to
accommodate
individual
industries
for
use
on
a
voluntary
basis.
(
6)
The
techniques
which
were
used
to
identify
source
reduction
opportunities.
Techniques
listed
should
include,
but
are
not
limited
to,
employee
recommendations,
external
and
internal
audits,
participative
team
management,
and
material
balance
audits.
Each
type
of
source
reduction
listed
under
paragraph
(
3)
should
be
associated
with
the
techniques
or
multiples
of
techniques
used
to
identify
the
source
reduction
technique.
(
7)
The
amount
of
any
toxic
chemical
released
into
the
environment
which
resulted
from
a
catastrophic
event,
remedial
action,
or
other
one­
time
event,
and
is
not
associated
with
production
processes
during
the
reporting
year.
(
8)
The
amount
of
the
chemical
from
the
facility
which
is
treated
(
at
the
facility
or
elsewhere)
during
such
calendar
year
and
the
percentage
change
from
the
previous
year.
For
the
first
year
of
reporting
under
this
subsection,
comparison
with
the
previous
year
is
required
only
to
the
extent
such
information
is
available.

(
c)
SARA
provisions
The
provisions
of
sections
11042,
11045(
c),
and
11046
of
this
title
shall
apply
to
the
reporting
requirements
of
this
section
in
the
same
manner
as
to
the
reports
required
under
section
11023
of
this
title.
The
Administrator
may
modify
the
form
required
for
purposes
of
reporting
information
under
section
11023
of
this
title
to
the
extent
he
deems
necessary
to
include
the
additional
information
required
under
this
section.

(
d)
Additional
optional
information
Any
person
filing
a
report
under
this
section
for
any
year
may
include
with
the
report
additional
information
regarding
source
reduction,
recycling,
and
other
pollution
control
techniques
in
earlier
years.

(
e)
Availability
of
data
Subject
to
section
11042
of
this
title,
the
Administrator
shall
make
data
collected
under
this
section
publicly
available
in
the
same
manner
as
the
data
collected
under
section
11023
of
this
title.
ATTACHMENT
B
MAJOR
REGULATIONS
SPECIFIC
TO
THE
FORM
A
CERTIFICATION
STATEMENT:
40
CFR
§
372.10,
§
372.27
AND
§
372.95
B­
1
TITLE
40­­
PROTECTION
OF
ENVIRONMENT
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
PART
372­­
TOXIC
CHEMICAL
RELEASE
REPORTING:
COMMUNITY
RIGHT­
TO­
KNOW
Subpart
A­­
General
Provisions
Sec.
372.10
Recordkeeping.

(
d)
Each
owner
or
operator
who
determines
that
the
owner
operator
may
apply
the
alternate
threshold
as
specified
under
Sec.
372.27(
a)
must
retain
the
following
records
for
a
period
of
3
years
from
the
date
of
the
submission
of
the
certification
statement
as
required
under
Sec.
372.27(
b):
(
1)
A
copy
of
each
certification
statement
submitted
by
the
person
under
Sec.
372.27(
b).
(
2)
All
supporting
materials
and
documentation
used
by
the
person
to
make
the
compliance
determination
that
the
facility
or
establishment
is
eligible
to
apply
the
alternate
threshold
as
specified
in
Sec.
372.27.
(
3)
Documentation
supporting
the
certification
statement
submitted
under
Sec.
372.27(
b)
including:
(
i)
Data
supporting
the
determination
of
whether
the
alternate
threshold
specified
under
Sec.
372.27(
a)
applies
for
each
toxic
chemical.
(
ii)
Documentation
supporting
the
calculation
of
annual
reportable
amount,
as
defined
in
Sec.
372.27(
a),
for
each
toxic
chemical,
including
documentation
supporting
the
calculations
and
the
calculations
of
each
data
element
combined
for
the
annual
reportable
amount.
(
iii)
Receipts
or
manifests
associated
with
the
transfer
of
each
chemical
in
waste
to
off­
site
locations.
B­
2
Subpart
B­­
Reporting
Requirements
Sec.
372.27
Alternate
threshold
and
certification.

(
a)
With
respect
to
the
manufacture,
process,
or
otherwise
use
of
a
toxic
chemical,
the
owner
or
operator
of
a
facility
may
apply
an
alternate
threshold
of
1
million
pounds
per
year
to
that
chemical
if
the
owner
or
operator
calculates
that
the
facility
would
have
an
annual
reportable
amount
of
that
toxic
chemical
not
exceeding
500
pounds
for
the
combined
total
quantities
released
at
the
facility,
disposed
within
the
facility,
treated
at
the
facility
(
as
represented
by
amounts
destroyed
or
converted
by
treatment
processes),
recovered
at
the
facility
as
a
result
of
recycle
operations,
combusted
for
the
purpose
of
energy
recovery
at
the
facility,
and
amounts
transferred
from
the
facility
to
off­
site
locations
for
the
purpose
of
recycle,
energy
recovery,
treatment,
and/
or
disposal.
These
volumes
correspond
to
the
sum
of
amounts
reportable
for
data
elements
on
EPA
Form
R
(
EPA
Form
9350­
1;
Rev.
12/
4/
93)
as
Part
II
column
B
or
sections
8.1
(
quantity
released),
8.2
(
quantity
used
for
energy
recovery
on­
site),
8.3
(
quantity
used
for
energy
recovery
off­
site),
8.4
(
quantity
recycled
on­
site),
8.5
(
quantity
recycled
off­
site),
8.6
(
quantity
treated
on­
site),
and
8.7
(
quantity
treated
off­
site).

(
b)
If
an
owner
or
operator
of
a
facility
determines
that
the
owner
or
operator
may
apply
the
alternate
reporting
threshold
specified
in
paragraph
(
a)
of
this
section
for
a
specific
toxic
chemical,
the
owner
or
operator
is
not
required
to
submit
a
report
for
that
chemical
under
Sec.
372.30,
but
must
submit
a
certification
statement
that
contains
the
information
required
in
Sec.
372.95.
The
owner
or
operator
of
the
facility
must
also
keep
records
as
specified
in
Sec.
372.10(
d).

(
c)
Threshold
determination
provisions
of
Sec.
372.25
and
exemptions
pertaining
to
threshold
determinations
in
Sec.
372.38
are
applicable
to
the
determination
of
whether
the
alternate
threshold
has
been
met.

(
d)
Each
certification
statement
under
this
section
for
activities
involving
a
toxic
chemical
that
occurred
during
a
calendar
year
at
a
facility
must
be
submitted
to
EPA
and
to
the
State
in
which
the
facility
is
located
on
or
before
July
1
of
the
next
year.
B­
3
Subpart
E­­
Forms
and
Instructions
Sec.
372.95
Alternate
threshold
certification
and
instructions.

(
a)
Availability
of
the
alternate
threshold
certification
statement
and
instructions.
Availability
of
the
alternate
threshold
certification
statement
and
instructions
is
the
same
as
provided
in
Sec.
372.85(
a)
for
availability
of
the
reporting
form
and
instructions.

(
b)
Alternate
threshold
certification
statement
elements.
The
following
information
must
be
reported
on
an
alternate
threshold
certification
statement
pursuant
to
Sec.
372.27(
b):
(
1)
Reporting
year.
(
2)
An
indication
of
whether
the
chemical
identified
is
being
claimed
as
trade
secret.
(
3)
Chemical
name
and
CAS
number
(
if
applicable)
of
the
chemical,
or
the
category
name.
(
4)
Signature
of
a
senior
management
official
certifying
the
following:
pursuant
to
40
CFR
372.27,
  
I
hereby
certify
that
to
the
best
of
my
knowledge
and
belief
for
the
toxic
chemical
listed
in
this
statement,
the
annual
reportable
amount,
as
defined
in
40
CFR
372.27(
a),
did
not
exceed
500
pounds
for
this
reporting
year
and
that
the
chemical
was
manufactured,
or
processed,
or
otherwise
used
in
an
amount
not
exceeding
1
million
pounds
during
this
reporting
year.''
(
5)
Date
signed.
(
6)
Facility
name
and
address.
(
7)
Mailing
address
of
the
facility
if
different
than
paragraph
(
b)(
6)
of
this
section.
(
8)
Toxic
chemical
release
inventory
facility
identification
number
if
known.
(
9)
Name
and
telephone
number
of
a
technical
contact.
(
10)
The
four­
digit
SIC
codes
for
the
facility
or
establishments
in
the
facility.
(
11)
Latitude
and
longitude
coordinates
for
the
facility.
(
12)
Dun
and
Bradstreet
Number
of
the
facility.
(
13)
EPA
Identification
Number(
s)
(
RCRA)
I.
D.
Number(
s)
of
the
facility.
(
14)
Facility
NPDES
Permit
Number(
s).
(
15)
Underground
Injection
Well
Code
(
UIC)
I.
D.
Number(
s)
of
the
facility.
(
16)
Name
of
the
facility's
parent
company.
(
17)
Parent
company's
Dun
and
Bradstreet
Number.
ATTACHMENT
C
FORM
A
CERTIFICATION
STATEMENT
(
EPA
FORM
#
9350­
2)
D­
1
ATTACHMENT
D
TOXIC
CHEMICAL
RELEASE
INVENTORY
REPORTING
FORMS
AND
INSTRUCTIONS
(
EPA
260­
B­
02­
001)

(
Note:
An
electronic
copy
of
this
attachment
is
available
at
the
TRI
website:
www.
epa.
gov/
tri)
