[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63025-63026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24788]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2020-0078; FRL-9169-01-OCSPP]


Agency Information Collection Activities; Proposed Revisions to 
an Existing Collection, Toxic Chemical Release Reporting; Comment 
Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit the following 
Information Collection Request (ICR) to the Office of Management and 
Budget (OMB): ``Toxic Chemical Release Reporting (Revision)'' and 
identified by ICR No. 2613.04 and OMB Control No. 2070-0212. This ICR 
is a revision to an existing ICR that is scheduled to expire on March 
31, 2024. The existing ICR is being revised ahead of schedule to 
include potential reporting requirements that may result from EPA's use 
of other authority under the Emergency Planning and Community Right-to-
Know Act (EPCRA) that is not specifically covered by the existing ICR. 
Before submitting the ICR to OMB for review and approval under the PRA, 
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 January 14, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2020-0078, using the Federal eRulemaking Portal 
at http://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. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) is by appointment only. For the latest status 
information on EPA/DC and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Stephanie Griffin (7410M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 564-1463; 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 (Revision).
    ICR number: 2316.04.
    OMB control number: 2070-0212.
    ICR status: The existing ICR is currently scheduled to expire on 
March 31, 2024. 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 reporting forms to the Toxics 
Release Inventory (TRI). The revisions to this ICR covers the 
information collection activities associated with the submission of 
information to TRI pursuant to EPCRA section 313(b)(2), 42 U.S.C. 
11023. Under EPCRA section 313(b)(2), the EPA Administrator has the 
authority to extend TRI reporting requirements to specific facilities 
that manufacture, process, or otherwise use a TRI-listed toxic 
chemical, but who are not covered by TRI reporting requirements as 
described at 40 CFR 372. The Administrator may determine a specific 
facility warrants TRI reporting on the basis of a chemical's toxicity, 
the facility's proximity to other facilities that release the chemical 
or to population centers, the facility's history of releases of the 
chemical, or other factors that the Administrator deems appropriate. 
This ICR revision includes discussion of EPA's discretionary authority 
under EPCRA section

[[Page 63026]]

313(b)(2) and outreach to potential stakeholders.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is 3,615,128 hours. EPA 
estimates that it will take submitters 35.7 hours to submit a Form R 
for one chemical and 21.96 hours to submit a Form A for one chemical. 
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: Regulations at 40 CFR part 372, 
subpart B, require facilities that meet all 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); 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. Additionally, EPA 
may exercise its discretionary authority under EPCRA section 313(b)(2) 
to extend TRI reporting obligations to a facility, even if the facility 
does not meet the criteria for full-time employees or NAICS codes.
    Respondent's obligation to respond: Mandatory, 40 CFR 372.
    Estimated total number of potential respondents: 76,534.
    Frequency of response: Annual.
    Estimated total annual burden hours: 3,615,128 hours (per year). 
Burden is defined at 5 CFR 1320.3(b).
    Estimated total annual costs: $200,205,764 (per year), includes $0 
annualized capital or operation & maintenance costs.

III. Are there changes in the estimates from the last approval?

    This ICR revision reflects an increase of 3 burden hours per 
facility in non-reporting burden from the ICR currently approved by OMB 
and this ICR. This increase reflects the review of the notification and 
preparation of responses stakeholders may engage in upon receipt of the 
Agency's notification of its potential application of the discretionary 
authority under EPCRA section 313(b)(2) to specific facilities. This 
increase is categorized as a program change.

IV. 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 person listed under FOR 
FURTHER INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.

    Dated: October 27, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2021-24788 Filed 11-12-21; 8:45 am]
BILLING CODE 6560-50-P


