  SEQ CHAPTER \h \r 1 

TOXICS RELEASE INVENTORY

ALTERNATE THRESHOLD FOR LOW ANNUAL REPORTABLE AMOUNTS;

TRI FORM A TOXIC CHEMICAL RELEASE REPORTING

INFORMATION COLLECTION REQUEST

SUPPORTING STATEMENT

OMB CONTROL NO.  2070-0143

EPA ICR # 1704.08

July 5, 2007

 TOC \f 

1	IDENTIFICATION OF THE INFORMATION COLLECTION	3

1(a) Title and Number of the Information Collection	3

1(b) Short Characterization/Abstract	3

2	NEED FOR AND USE OF THE COLLECTION	6

2(a) Need/Authority for the Collection	6

2(b) Practical Utility/Users of the Data	7

3	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA	8

3(a) Non-Duplication	8

3(b) Public Notice Required Prior to ICR Submission to OMB 	8

3(c) Consultations 	8

3(d) Effects of Less Frequent Collection	9

3(e) General Guidelines	9

3(f) Confidentiality	10

3(g) Sensitive Questions	10

4	THE RESPONDENTS AND THE INFORMATION REQUESTED	10

4(a) Respondents/NAICS Codes	10

4(b) Information Requested	11

5	THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT.	15

 5(a) Agency Activities	15

 5(b) Collection Methodology and Management	20

 5(c) Small Entity Flexibility	20

 5(d) Collection Schedule	21

6	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	21

6(a) Estimating Respondent Burden	22

6(b) Respondent Costs	27

6(c) Estimating Agency Burden and Cost	31

6(d) Estimating the Respondent Universe and Total Burden and Costs	33

6(e) Bottom Line Burden Hours and Costs	37

6(f) Reasons for Change in Burden	38

6(g) Burden Statement	38

 

Appendices

Appendix A: Blank Form A

Appendix B: Reporting Form Instructions Associated with Form Changes



1	IDENTIFICATION OF THE INFORMATION COLLECTION REQUEST

Title and Number of the Information Collection

Title:	Alternate Threshold for Low Annual Reportable Amounts; Toxic
Chemical Release Reporting

EPA ICR No.  	1704.08

OMB Control No.	2070-0143

NOTE

In this draft of the document, proposed changes are marked by
highlighted text.

Short Characterization/Abstract

This Information Collection Request (ICR) is for the information
collection requirements for toxic chemical release reporting under EPCRA
§ 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA)
(42 U.S.C. 11001 et seq.), specifically the alternate threshold for
facilities with low amounts of listed toxic chemicals in waste. In
general, EPCRA §313 requires certain owners or operators of certain
facilities in covered industries that manufacture, process, or otherwise
use any of over 650 listed toxic chemicals and chemical categories
(hereafter "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 §
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 complete listing of the North American
Industry Classification System (NAICS) codes subject to TRI reporting
can be found in Appendix F the Form R ICR Supporting Statement. 

Currently, facilities subject to the Toxics Release Inventory (TRI)
reporting requirements may either use the EPA Toxics Release Inventory
Form R (EPA Form #9350-1), or, if they meet lower threshold
requirements, the EPA Toxics Release Inventory Form A Certification
Statement (EPA Form #9350-2), which is approved under OMB Number
2070-0143). With Form Rs, one chemical is reported per form; with Form
As, multiple chemicals may be reported per form. 

Facilities with low quantities of listed toxic chemicals in waste may
certify that they do not exceed an annual reportable amount (ARA) on
Form A. Detailed release and waste management information need not be
reported.  Previously, a facility that met the EPCRA § 313 reporting
thresholds, but estimated that their estimated total ARA of the listed
toxic chemical did not exceed 500 pounds per year, could take advantage
of the alternate manufacture, process or otherwise-use thresholds of 1
million pounds per year for that listed toxic chemical, provided that
the facility met certain other conditions. Due to the TRI Burden
Reduction Rule promulgated December 18, 2006 Form A eligibility is
expanded to allow, for the first time, limited use of the Form A for PBT
chemicals. (71 FR 76932, December 22, 2006).  The new eligibility
criteria for Form A reporting are as follows: 

New Eligibility for Form A: PBT Chemicals -- allows a facility reporting
on PBT chemicals, except dioxin and dioxin-like compounds, with zero
disposal or other releases to use Form A, provided they meet the
1,000,000 pound alternate reporting threshold and have 500 pounds or
less of total other waste-management quantities. (Sections 8.2 – 8.8)

Expanded Eligibility for Form A: Non-PBT Chemicals -- allows a facility
reporting on Non-PBT chemicals with an ARA (Sections 8.1 – 8.8) of
5,000 lbs or less and 2,000 lbs or less of disposal or other releases to
use Form A, provided they meet the 1,000,000 pound alternate reporting
threshold. 

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 releases or wastes did not exceed
the appropriate PBT or non-PBT release and waste thresholds for the
reporting year, and that the chemical(s) was manufactured, processed, or
otherwise-used in an amount not exceeding 1 million pounds during this
reporting year. A single Form A Certification Statement may contain as
many listed toxic chemicals as meet the conditions of the alternate
threshold.

EPA is proposing changes to the Form R and Form A Certification
Statement to standardize responses and enhance the utility of the data. 
More specifically, the changes to the forms and TRI Reporting Forms and
Instructions (RFI) described below will help the TRI Program better
determine its impact on small businesses, allow facilities to provide
more detailed information on how they estimate their data, facilitate
efficient contact with the appropriate facility personnel, and improve
understanding of the reasons behind form revisions or withdrawals. The
changes are presented below:

1) Collect small business information. EPA strives to achieve an
appropriate balance between collecting valuable TRI data and reducing
the reporting burden on regulated facilities, including small
businesses. To date, it has been a time-consuming process to assess the
impact of TRI regulatory changes on small businesses, and in some
instances, the data needed to determine whether a facility is a small
business have not been available to EPA.  By collecting small business
information about facilities directly on the TRI reporting forms, the
TRI Program will be better able to determine the impacts of potential
TRI regulatory changes on small businesses quickly and accurately.
Therefore, EPA will add a check box indicating whether the reporting
facility's parent company is a small business, as defined by the Small
Business Administration (SBA). Additionally, if the facility does not
have a parent company, the check box will indicate whether the facility,
considered together with all of its affiliates, is a small business.  

2) Provide more specific "Basis of Estimate" codes (Form R only).
Facilities may currently select among four codes to indicate how they
calculate their release quantities:  the use of monitoring data (code
M), mass balance calculations (C), emission factors (E), and other
approaches (O). The addition of more specific codes in the RFI will
allow reporting facilities to provide more detailed information on the
"basis of estimate."  For example, with the proposed changes,
facilities could use a different code for continuous monitoring than for
periodic or random monitoring.  In addition, the new set of codes would
make the TRI "basis of estimate" codes comparable to the codes used by
the Canadian government, thereby making it easier to analyze and compare
data between the United States and Canada. Therefore, EPA will provide a
more extensive list of codes for "basis of estimate" in the RFI. Via
these codes, facilities will indicate the principal method used to
determine the quantities reported to the TRI Program.  

3) Enhance the point of contact information (Form R and/or Form A, as
noted below). This group of changes provides efficiency gains for the
Agency and the reporting facilities. Currently, when questions arise
about a facility's data submission, the TRI Program staff may wish to
contact the facility staff to clarify the information.  In a number of
instances in the past, TRI Program staff have contacted the "Technical
Contact" listed on a facility's form and been asked to contact another
individual who prepared the form on the facility's behalf.  By adding a
field for "Form Preparer" to both Form R and Form A, the TRI Program
staff will be able to contact the appropriate individual depending on
the nature of the question or issue.  Similarly, adding a "Public
Contact" field to the Form A will provide the name of a person who can
respond to questions from the public about the Form A Certification
Statement in the same way that a person responds for Form R submissions
currently.  Finally providing an email address for the public contact on
both Form R and Form A will make it easier to contact and follow-up with
the "Public Contact" if necessary. 

4) Add boxes for entering revision codes (Forms R and A).  The TRI
Program currently receives many form revisions each year, but does not
currently collect information on the reasons for the revisions.  The
new revision codes will allow both the public and the TRI Program staff
to better understand why a facility resubmitted a form.  In addition,
by analyzing the reasons for revisions, the TRI Program may be better
able to address recurring reporting issues or problems that facilities
may be facing, ultimately reducing errors and saving time for both the
Agency and the reporting facilities.  Therefore, facilities will now
report up to two codes (listed and defined in the RFIs) indicating the
main reason(s) that a form is being revised.

5) Provide a field for withdrawing a for; add boxes for entering
withdrawal codes (Forms R and A). Currently, a facility that wishes to
withdraw a previously submitted form must submit its request, including
the rationale, as a hard copy memo to the TRI Data Processing Center via
regular mail, certified mail, or overnight delivery. Adding a
"Withdrawal" field and associated code boxes for reasons for withdrawal
to the Form R and Form A will 1) streamline the withdrawal process for
facilities, 2) make it easier for EPA to automate the withdrawal process
and 3) improve the Agency’s ability to analyze the reasons for
withdrawals.

EPA has developed EPA Information Quality Guidelines to ensure the
utility, objectivity and integrity of information that is disseminated
by the Agency. The information supporting this ICR is consistent with
all appropriate EPA policies, including EPA's Information Quality
Guidelines. In particular, the EPA Agency-wide Quality System helps
ensure that EPA organizations maximize the quality of information
disseminated by the Agency. The Quality System is documented in EPA
Order 5360.1 A2, Policy and Program Requirements for the Mandatory
Agency-wide Quality System and the EPA Quality Manual for Environmental
Programs 5360 Al, May 2000. The information supporting this action is
also consistent with EPA 's Guide to Writing Information Collection
Requests Under the Paperwork Reduction Act of 1995, revised November
2005. It is EPA's intention that collection of information under this
ICR will result in information that will be collected, maintained, and
used in ways consistent with both EPA's Information Quality Guidelines
and the OMB Information Quality Guidelines.

OMB last approved this Information Collection request on March 3, 2006
with an expiration date of January 31, 2008.  The approved ICR reflected
a Form A respondent reporting burden of 259,192 hours and $12MM. In this
ICR Renewal, the effect of the TRI Burden Reduction Rule is expected to
continue to reduce overall burden due to increased From A eligibility
(i.e., number of Form Rs decreased; number of Form As increased) with
total respondent burden and cost of Form A reporting projected at
515,284 hours and $25.99MM.. Further, the TRI program is proposing to
add certain data elements to both reporting forms.  The addition of
these data elements is estimated to increase the total reporting burden
and cost for Form A reporting to 517,311 hours and $26.06MM.  

For a facility certifying for a single listed toxic chemical, the burden
is estimated to average 20.6 hours (20.5 without changes) for facilities
submitting a Form A Certification Statement for non-PBT chemicals and
36.0 hours (35.9 without changes) for facilities submitting a Form A
Certification statement for PBT chemicals under EPCRA § 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 29.7 hours (29.6 without changes) per
form for a non-PBT chemical and 51.4 hours (51.3 without changes) for a
PBT chemical. Thus, for a facility filing a Form A Certification
Statement for a single chemical, the alternate threshold yields an
average savings of 9.1 hours for a non-PBT chemical and 15.4 hours for a
PBT chemical. 

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 either on Form R or Form A.
Beginning with the 1991 reporting year, such facilities also began
reporting source reduction and recycling data for listed chemicals,
pursuant to § 6607 of the Pollution Prevention Act, 42 U.S.C. 13106. 

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

EPA established an alternate threshold under EPCRA § 313(f)(2) for a
category of facilities with low amounts of a listed toxic chemical in
wastes.  A facility that chooses to apply the alternate threshold must
submit an EPA Toxics Release Inventory Form A Certification Statement
(EPA Form #9350-2). EPA’s regulations implementing TRI reporting are
codified at 40 CFR part 372.  .

The information being collected on the Form A Certification Statement is
necessary to fulfill EPA’s responsibilities under EPCRA § 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 showing the
location of facilities manufacturing, processing or otherwise using
these chemicals and demonstrating that the chemicals are being
manufactured, processed or otherwise used at current reporting
thresholds, and that the sum of amounts of the chemical in releases and
waste did not exceed the appropriate PBT or non-PBT release and waste
annual reportable amounts 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

According to many, the TRI program is one of the most effective
environmental programs ever legislated by Congress and administered by
EPA. Its success is due, in large part, to the right-toknow provisions
contained in the legislation itself. By requiring that the resulting
data be made publicly available "by electronic and other means,"
Congress ensured that citizens, the media, environmental advocates,
researchers, the business community, and others could influence and
evaluate industry's efforts to manage toxic emissions. Consequently,
data collected under EPCRA § 313 and § 6607 of the PPA are made
available through EPA's Envirofacts and TRI Explorer databases. In
addition, the public may also obtain TRI information through other
sources such as OMB Watch's Right-to-Know Network (RTK NET) at  
HYPERLINK http://www.rtk.net.RTK  http://www.rtk.net. RTK  NET provide
free public access to numerous databases, text files and conferences on
the environment, housing, and sustainable development.

In addition to providing information to the public via electronic means,
EPA also conducts outreach activities to make key groups and the public
aware of TRI. Journalists, educators, public interest, labor, and
environmental groups, trade associations, and state governments continue
to be key targets in these outreach efforts. In addition, libraries in
communities all across the United States (in particular, members of the
Federal Depository Library Program) are committed to providing public
access to TRI data in a variety of formats. Educators are also using the
data to conduct studies and courses on the environment. Labor unions are
using the TRI data to improve conditions for workers. Businesses are
using the data in many ways -- as a basis for reducing emissions, to cut
costs, to improve operations, and for a variety of other reasons.
Concerned citizens are a growing user group. These individuals, on their
own and through organized groups, are using TRI to address concerns
about the management and release of chemicals in their communities.
Finally, states use the national data to compare chemical management and
releases within industries and to set environmental priorities at the
state level.

Because the value of TRI increases the more it is used, EPA encourages
current users to acquaint new users with TRI, help people who already
know about TRI to better use and understand the data, and, whenever
possible, provide feedback on how to improve TRI products and services. 

The ICR Supporting Statement for Form R 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 or above threshold levels specified in 40 CFR parts 372.25 and
372.28. 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 releases and waste for a particular
facility do not exceed amounts specified in 40 CFR 372.27 for the
chemical for which the alternate threshold was applied.

3	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 	CRITERIA

Non-Duplication

The information requested by the Form A Certification Statement reflects
a subset of information requested by Form R. To the extent that the Form
A reporting option is used by a portion of the TRI reporting community,
corresponding data that would have been provide in a Form R will not be
reported. Information comparing TRI reporting to information available
under other statutes is available in the ICR Supporting Statement for
Form R .

3(b) Public Notice Required Prior to ICR Submission to OMB

EPA is planning to submit a request to renew existing approved
Information Collection Requests (ICRs) for both Forms R and A to the
Office of Management and Budget (OMB).  Both  ICRs are scheduled to
expire on January 31, 2008. Before submitting the ICRs to OMB for review
and approval, EPA is soliciting comments on specific aspects of the
proposed information collections. A Federal Register Notice will be
published to announce this renewal request.

3(c) Consultations

EPA has consulted with a large number of individuals and organizations
throughout all segments of the public in the development and continued
implementation of the TRI program. Feedback through EPA's outreach
efforts has been received from various organizations, including
environmental and public interest groups, trade associations, and
individual representatives through venues such as:

Stakeholder meetings and on-line dialogues with trade associations,
environmental and public interest groups and individual representatives
to discuss issues such as options for reporting burden reduction, and

The annual TRI National Meeting held every year and open to the public
every other year. 

This feedback is continually sought and incorporated in the ongoing
evolution of the TRI Program.  Lists of organizations with which EPA has
consulted in the past few years can be found in Appendix E of the Form R
ICR Supporting Statement.  

3(d) Effects of Less Frequent Collection

EPCRA § 313 requires annual reporting on either Form R or Form A.
Section 313(i) permits EPA to modify the reporting frequency by
rulemaking; however, EPA must first notify Congress and then delay the
initiation of such a rulemaking for at least 12 months, but no more than
24 months, from the date of the notification. In addition, EPA must
find:

...that the modification is consistent with the provisions of subsection
(h) of [EPCRA § 313] based on -

	(i)	experience from previously submitted toxic chemical release forms,

	(ii)	determinations made under paragraph (3).

Paragraph (3), in turn, provides that EPA must determine:

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.

The extent to which 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.

The extent to which the modification would impose additional and
unreasonable burdens on facilities subject to the reporting requirements
under this section.

Since TRI represents the best available multi-media database for
tracking toxic chemical releases in the United States, a change in the
reporting frequency to less than once a year could have a significant
impact on the availability of timely toxic chemical data and affect data
users, particularly at the community level.  Public access to the most
current toxic chemical release data and other waste management
information would become more difficult.3(e) General Guidelines

This ICR adheres to the guidelines stated in the 1980 Paperwork
Reduction Act, as amended, OMB's implementing regulations, and all
applicable OMB guidance.

Although reporting facilities are required to identify the chemical for
which reports are submitted, they can claim the chemical identity as a
trade secret. A generic name must be provided as part of the information
made available to the public. EPA securely stores and maintains the true
identity of the chemical. 

EPA continues to encourage submission of Form A and Form R through the
internet via EPA’s Central Data Exchange (CDX) by using the TRI-ME
reporting software.  In preparing submissions within the TRI-ME
reporting software and submitting them via the Internet, both the cost
and time required for data entry and data processing are reduced.  Also,
for facilities using the TRI-ME reporting software, the data are of
higher quality, allowing EPA to release the data to the public sooner.
All these benefits apply to Reporters utilizing the technology,
regardless of whether they submit via Form R(s) or Form A.

Small facilities (less than 10 full-time employees or equivalent) are
exempt from reporting under EPCRA § 313. 

3(f) Confidentiality

Respondents may designate the specific chemical identity of a substance
as a trade secret according to EPCRA § 322. Procedures for submission
and review of trade secret claims under EPCRA § 313 are set forth in 40
CFR 350. When a facility claims the chemical identity to be a trade
secret and properly substantiates the claim, EPA will not disclose the
identity of the chemical to the public. EPA securely stores forms with
trade secret information and allows access to those documents only to
persons with Trade Secret clearance. Data made available to the public
through any means does not include trade secret information.

3(g) Sensitive Questions

This collection does not request any sensitive information.

4	THE RESPONDENTS AND THE INFORMATION REQUESTED 

4(a) Respondents/NAICS Codes

The reporting requirements found in EPCRA § 313 apply to owners and
operators of facilities that have 10 or more full-time employees,
manufacture or process more than 25,000 pounds or otherwise use more
than 10,000 pounds of a listed chemical, and are in the manufacturing
sector or in any of seven additional industry sectors added to the TRI
Program by EPA in 1997.  Historically, these sectors were identified by
their Standard Industrial Classification (SIC) codes.  Beginning with
the 2006 reporting year, the TRI Program has converted from SIC codes to
NAICS codes (71 FR 32464, June 6, 2006). The full list of NAICS codes
for facilities that must report to TRI (including exemptions and/or
limitations) if all other threshold determinations are met can be found
in Appendix F of the ICR Supporting Statement for Form R.  A detailed
listing of the six-digit NAICS codes and categories can be found in
Table I of the Toxics Release Inventory Reporting Forms and
Instructions. 

Recently there have been changes to the eligibility for Form A
reporting. Previously, under the final PBT (Persistent Bioaccumulative
Toxic Chemicals) Rule, published October 29, 1999, specified PBT
chemicals were excluded from eligibility for alternate threshold
reporting (i.e., the Form A Certification Statement cannot be used to
report PBT chemicals). The recent TRI Burden Reduction Rule, however,
allows the use of the alternate reporting threshold for PBTs (except
dioxin and dioxin-like compounds) under certain conditions for the first
time. Note below that these new thresholds that apply to PBT chemicals
for alternative reporting are lower than the corresponding thresholds
for non-PBT chemicals.

The Form A Certification Statement can be 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
quantities of disposal and other releases and waste management that they
report.  Therefore, the alternate threshold does not affect facilities
that are not already part of the TRI regulated community.

4(b) Information Requested 

Data Items

The following information must be reported on a Form A Certification
Statement pursuant to 40 CFR part 372 (see Appendix A for blank Form A):

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 one of the
following, as applicable, pursuant to 40 CFR part 372.27: 

(nonPBT)

	 ‘‘I hereby certify that to the best of my knowledge and belief for
the toxic chemical(s) listed in this statement, for this reporting year,
the annual reportable amount for each chemical, as

defined in 40 CFR 372.27(a)(1), did not exceed 5,000 pounds, which
included no more than 2,000 pounds of total disposal or other releases
to the environment, and that the chemical was manufactured, or
processed, or otherwise used in an amount not exceeding 1 million pounds
during this reporting year;” or

(PBT)	

‘I hereby certify that to the best of my knowledge and belief for the
toxic chemical(s) of special concern listed in this statement, there
were zero disposals or other releases to the  environment (including
disposals or other releases that resulted from catastrophic events) for
this reporting year, the ‘‘Annual Reportable Amount of a Chemical of
Special Concern’’ for each such

chemical, as defined in 40 CFR 372.27(a)(2), 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) Dun and Bradstreet Number of the facility.

12) Name of the facility's Parent Company.

13) Parent Company's Dun and Bradstreet Number.

These 13 elements are a subset of the information collected on Form R. 

Beyond 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, for PBT chemicals, 1)
disposal or other releases equaled zero, 2) total other waste management
quantities equaled 500 pounds or less, and 3) that the amounts
manufactured, or processed, or otherwise used did not exceed 1 million
pounds for that year. For non-PBT chemicals, the Form A Certification
Statement certifies 1) that disposal or other releases are less than or
equal to 2,000 pounds, 2) total other waste management quantities
equaled 5,000 pounds or less, and 3) that the amounts manufactured, or
processed, or otherwise used did not exceed 1 million pounds for that
year.

Justification for Form A Elements

Element 4 relates to the conditions being met in order to claim
eligibility for the submission of a Form A Certification Statement. This
element is essential in meeting the statutorily mandated requirement of
continuing to capture a substantial majority of releases for each listed


EPCRA § 313 chemical.

Elements 6 through 13 are requested for identification purposes. Of
these, elements 6 through 9 are necessary to determine which facility is
claiming the alternate threshold along with the information needed to
contact the claimant. Elements 11 through 13 are requested in order to
cross-reference the facility with other reporting systems. These data
elements are essential for enforcement purposes and have proven to be
useful for cross-program multimedia investigations.

Overall, the Form A Certification Statement provides appropriate
information showing the location of facilities manufacturing, processing
or otherwise using these chemicals and demonstrating that the chemicals
are being manufactured, processed or otherwise used at current reporting
thresholds, and that the sum of amounts of the chemical in releases and
waste did not exceed the appropriate PBT or non-PBT release and waste
thresholds 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.

	Additional Data Elements

As mentioned above, EPA is proposing changes to the Form R and Form A
Certification Statement to standardize responses and enhance the utility
of the data.  More specifically, the changes to the forms and TRI
Reporting Forms and Instructions (RFI) described below will help the TRI
Program better determine its impact on small businesses, allow
facilities to provide more detailed information on how they estimate
their data, facilitate efficient contact with the appropriate facility
personnel, and improve understanding of the reasons behind form
revisions or withdrawals. The changes are presented below:

1) Collect small business information. EPA strives to achieve an
appropriate balance between collecting valuable TRI data and reducing
the reporting burden on regulated facilities, including small
businesses. To date, it has been a time-consuming process to assess the
impact of TRI regulatory changes on small businesses, and in some
instances, the data needed to determine whether a facility is a small
business have not been available to EPA.  By collecting small business
information about facilities directly on the TRI reporting forms, the
TRI Program will be better able to determine the impacts of potential
TRI regulatory changes on small businesses quickly and accurately.
Therefore, EPA will add a check box indicating whether the reporting
facility's parent company is a small business, as defined by the Small
Business Administration (SBA). Additionally, if the facility does not
have a parent company, the check box will indicate whether the facility,
considered together with all of its affiliates, is a small business.  

2) Provide more specific "Basis of Estimate" codes (Form R only).
Facilities may currently select among four codes to indicate how they
calculate their release quantities:  the use of monitoring data (code
M), mass balance calculations (C), emission factors (E), and other
approaches (O). The addition of more specific codes in the RFI will
allow reporting facilities to provide more detailed information on the
"basis of estimate."  For example, with the proposed changes,
facilities could use a different code for continuous monitoring than for
periodic or random monitoring.  In addition, the new set of codes would
make the TRI "basis of estimate" codes comparable to the codes used by
the Canadian government, thereby making it easier to analyze and compare
data between the United States and Canada. Therefore, EPA will provide a
more extensive list of codes for "basis of estimate" in the RFI. Via
these codes, facilities will indicate the principal method used to
determine the quantities reported to the TRI Program.  

3) Enhance the point of contact information (Form R and/or Form A, as
noted below). This group of changes provides efficiency gains for the
Agency and the reporting facilities. Currently, when questions arise
about a facility's data submission, the TRI Program staff may wish to
contact the facility staff to clarify the information.  In a number of
instances in the past, TRI Program staff have contacted the "Technical
Contact" listed on a facility's form and been asked to contact another
individual who prepared the form on the facility's behalf.  By adding a
field for "Form Preparer" to both Form R and Form A, the TRI Program
staff will be able to contact the appropriate individual depending on
the nature of the question or issue.  Similarly, adding a "Public
Contact" field to the Form A will provide the name of a person who can
respond to questions from the public about the Form A Certification
Statement in the same way that a person responds for Form R submissions
currently.  Finally providing an email address for the public contact on
both Form R and Form A will make it easier to contact and follow-up with
the "Public Contact" if necessary. 

4) Add boxes for entering revision codes (Forms R and A).  The TRI
Program currently receives many form revisions each year, but does not
currently collect information on the reasons for the revisions.  The
new revision codes will allow both the public and the TRI Program staff
to better understand why a facility resubmitted a form.  In addition,
by analyzing the reasons for revisions, the TRI Program may be better
able to address recurring reporting issues or problems that facilities
may be facing, ultimately reducing errors and saving time for both the
Agency and the reporting facilities.  Therefore, facilities will now
report up to two codes (listed and defined in the RFIs) indicating the
main reason(s) that a form is being revised.

5) Provide a field for withdrawing a form; add boxes for entering
withdrawal codes (Forms R and A). Currently, a facility that wishes to
withdraw a previously submitted form must submit its request, including
the rationale, as a hard copy memo to the TRI Data Processing Center via
regular mail, certified mail, or overnight delivery. Adding a
"Withdrawal" field and associated code boxes for reasons for withdrawal
to the Form R and Form A will 1) streamline the withdrawal process for
facilities, 2) make it easier for EPA to automate the withdrawal process
and 3) improve the Agency’s ability to analyze the reasons for
withdrawals.

As is the case for Form R, for Form A facilities must maintain records
used to provide the information required on the Form according to 40 CFR
§ 372.10. Those records may include estimation methodology and
calculations, engineering reports, inventory, incident and operating
logs, and other supporting materials. Facilities must keep a copy of
each report filed for at least three years.

 (ii)	Respondent Activities

As is the case for Form R, the regulated community eligible to file Form
A is expected to comply with the reporting requirements. Facilities
eligible for the alternate reporting threshold complete the Form A
Certification Statement and submit it to EPA and the appropriate state
agency. EPCRA § 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 provided to Form R respondents is available to
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 and thus filing a Form A:

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)

Compliance Determination. Facilities must first determine if they meet
the criteria for EPCRA § 313 reporting and 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, the quantity of those
chemicals and the quantity of releases and other waste management.

Calculations (Compliance). A facility has to calculate the disposal and
other releases and the annual reportable amount for a chemical in order
to determine if the facility is eligible to apply the alternate
threshold.  Disposal and other releases are calculated as the combined
total of total on-site disposal to Class I Underground Injection Wells,
RCRA Subtitle C landfills, and other 

landfills; total other on-site disposal or other releases; total
off-site disposal to Class I 

Underground Injection Wells, RCRA Subtitle C landfills, and other
landfills; and total other off-

site disposal or other releases.  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, transferred from the facility to
off-site locations for the purpose of recycling, energy recovery,
treatment, or disposal, and generated as non-production related waste.
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.

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 releases and total waste did not exceed the
appropriate threshold 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. 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.

THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT

5(a) Agency Activities

EPA engages in many activities to fulfill the requirements of EPCRA
specific to reporting on Form R and Form A. These activities can be
grouped into categories that cover what the Agency does to assist the
regulated community with compliance, to process the data, to maintain
the database, and to make the data available. EPA activities for this
ICR parallel requirements established for reporting TRI releases on Form
R including:

Assistance to Reporters

Data Processing and Quality Control

	Database Organization

	Links to State Reporting

Making Data Available

Trade Secrecy Reviews

Assistance to Reporters. The Agency has operated a successful outreach
program to assist businesses in obtaining and completing both the Form R
and Form A Certification Statement. A CD ROM containing an annually
updated reporting package is distributed directly to all TRI respondents
who reported in the prior year. This package is also made available to
potential reporters through EPA's TRI Web site and TRI Regional office
coordinators. The package contains an electronic copy of the reporting
forms with detailed instructions along with a reporting software
application that allows reporters to submit their data over the internet
or on computer diskettes. General guidance has been prepared for
estimating releases, including fourteen industry-specific guidance
documents.

EPA has established a training program designed to familiarize EPA
Regional personnel with the reporting requirements and to train them in
providing technical assistance to respondents. Using that training, the
EPA Regions have conducted and continue to conduct numerous workshops
each year to explain the reporting requirements to the regulated
community. EPA also has established a training program to teach EPCRA §
313 reporting requirements to private businesses and consultants that
wish to provide counsel on EPCRA § 313 compliance. Also, EPA operates a
toll-free hotline to answer general questions and direct potential
respondents to proper EPA personnel. A second hotline is available to
answer questions about the electronic reporting software and the
procedure for submitting and certifying data to EPA over the internet. 
In addition, the Agency maintains a Web site with current
program-specific information and guidance (  HYPERLINK
http://www.epa.gov/tri).  www.epa.gov/tri). 

Data Processing and Quality Control.   Ninety-seven percent of all TRI
Form Rs and As are prepared and submitted using the Toxics Release
Inventory Made Easy (TRI-ME) reporting software.   TRI-ME is a software
application that is made available to TRI facilities for the purpose of
entering and validating their data.  This software is posted on the TRI
web-site as well as sent directly to Facilities via CD-ROM each year.. 
This software is installed on local desktop computers.  Facilities can
key or upload their data into TRI-ME.  TRI-ME provides reporting
guidance to help facilities determine if they need to report for
specific chemicals and to assist them in the actual reporting.   TRI-ME
also provides facilities with extensive data validation checking through
point of entry edit checks as well as a cumulative and mandatory batch
test prior to submission.  The cumulative batch test provides users with
descriptive messages and links back to the form where potential errors
exist.

After facilities have entered and validated their data in the TRI-ME
application, they have two options for submitting their data to EPA. 
First, facilities can send and certify their TRI data to EPA
electronically via EPA’s Central Data Exchange (CDX).  Second, they
can save the data to a floppy diskette, print and sign a certification
letter and mail both items to TRI’s EPCRA Data Processing Center.  

Data submitted to TRI via the Central Data Exchange is automatically
forwarded to the TRI EPCRA Data Processing Center (DPC) and loaded into
the TRI Processing System (TRIPS) database.   The TRIPS database is
located at EPA’s National Computer Center in Research Triangle Park,
NC.  For diskette submissions, the data are received at the DPC,
cataloged, scanned for viruses and loaded into the TRIPS database.

Through the TRI State Data Exchange Network, facilities are able to
submit their data via CDX once to both EPA and the participating state
government. Upon submission to CDX a copy is simultaneously sent to
EPA’s TRIPS database and to the appropriate state via the TRI State
Data Exchange Network.  This reporting option allows facilities to
fulfill their legal obligation to report to the federal and state
entities through the sole submission of data through CDX.  

TRI also allows facilities to submit data on paper forms.   When TRI
reports are submitted on paper, the information is keyed into the TRIPS
database on a PC-based wide area network (WAN). Automated data quality
checks begin at data entry; including various edit checks and the start
of standardization of some of the data fields. At this point, emphasis
is placed on identifying forms that are not completed correctly. If the
problem(s) identified prevent further processing of the form, EPA sends
a Notice of Significant Error (NOSE) to the respondent.  

Once the reported data has entered the TRIPS database all the validation
checks that were initially run via the TRI-ME application are repeated. 
However, for paper submissions, these checks will be performed for the
first time.  Forms that fail these tests are issued errors know as
Notices of Technical Error (NOTE).  These errors point out possible data
validity errors that are not technical in nature but also not egregious
enough to prevent the form from being disseminated (see NOSE above).  In
addition, a set of data quality checks that compare the incoming data
with prior years data and various data thresholds are performed for the
first time.   Further standardization of facility identification
information continues via the Facility Reconciliation process. 

Upon the completion of the data validation and quality checks, Facility
Data Profile (FTP) reports are generated and made available for facility
review on the FTP website.  The reports contain an echoing back of the
data and all validation (NOTE errors) and data quality messages that
were generated after the data were loaded in the database.  Facilities
are sent an emails alerting them when a report is made available, asked
to access the password protected site and review the report.  After
review, facilities can revise their data by submitting a certified
replacement form via the TRI-ME software or by paper form submission.  

In 2007 (Reporting Year 2006), TRI is introducing a web version of the
TRI-ME software which will increase the original functionality of the
TRI-ME desktop application in several areas.  First, the TRI-MEweb
application will allow users to preload their forms with prior year data
stored in an EPA-maintained database.  In addition, the application will
store work in progress data via the same on-line database, so that users
will no longer have to manage the data themselves (i.e., not have to
save the information on their hard drive).  Second, the TRI-MEweb
application will contain enhancements, including a redesigned
questionnaire, and “quick lists” that streamline reporting tasks. 
Similar to tax reporting software, from which TRI-MEweb was modeled,
“quick lists” allow users to narrow down their data entry to only
the pertinent areas.  Third, new semantic data quality checks are
introduced that compare a facility’s data to prior year submissions,
EPA registry data, and ultimately, industry and similarly sized
facilities.  These comparisons will occur on-line in real time allowing
the user to review all data for possible quality concerns and make
corrections at the same time.  Fourth, similar to the existing desktop
version, the web application will allow on-line submission and
certification of the data.   And finally, among other advancements, the
application will allow true on-line revision of data by facilities. 
Through this feature, facilities will be able to access previously
submitted forms, revise and recertify them in one quick and easy step. 

The TRI-MEweb  application will be available to a limited group,
approximately 6,000 of the 23,000 TRI facilities in calendar year 2007
(Reporting Year 2006).   In the following year the application will be
released to all facilities.   TRI-MEweb is slated to become the sole
reporting software for TRI electronic reporting in 2009 or 2010 when the
desktop version of TRI-ME will be sunset.

Database Organization.  EPCRA § 313(j) requires EPA to make TRI data
available to the public through computer telecommunications and other
means. EPA has found it beneficial to undertake a variety of activities
to make the data more usable. This is due to the fact that computer
searches only retrieve data in exactly the format requested. Because
facilities report their data in a wide variety of ways, EPA has taken
steps to use consistent names for counties, to use a variety of
nomenclature standards for names within the database, and to assist in
the standardization of the response data.

EPA generates a facility identification number for newly reporting
facilities at the time of data entry. This allows linkage to all years
of reports for a particular facility or location. The identification
number also allows easy retrieval of cross-year data, even when a
facility is sold or changes its name. This number has been sent to all
facilities and they are required to use it on all future submissions
submitted to the Agency. Use of the facility identification number also
facilitates data quality reviews and cross-year analysis.

Links to State Reporting.  Under EPCRA § 313, facilities are required
to submit forms both to EPA and the state in which they operate. For
additional quality assurance and tracking purposes, EPA provides all
states with a listing of facilities that reported to the Federal Data
Processing Center for each reporting year. This reconciliation activity
typically results in the identification of several cases where
facilities had not reported to one or the other government. Many states
then provide lists of forms to the EPA where EPA has not received
copies, and vice-versa. Both the State and EPA then contact the
facilities from which they are missing forms and request submission. 
This activity has provided a critical step to assist EPA in coordinating
the data collection with the states and completing both data
repositories.

In 2003, EPA implemented the TRI State Data Exchange Network that
enabled facilities to simultaneously submit their data to EPA and their
respective state governments.   This new reporting option allowed
facilities to fulfill their legal obligation to report to the federal
and state entities through the sole submission of data through CDX.  To
utilize the TRI State Data Exchange Network, facilities have to use the
TRI-ME desktop application and submit their data over the Internet to
EPA’s Central Data Exchange (CDX) and be located in a participating
state.  At the same time a transmission is sent to EPA’s TRIPS
database, CDX  sends the data on to participating states via the TRI
State Data Exchange Network.  The TRI State Data Exchange Network is
standards-based data network that allows the transfer of data between
states and EPA.  This capability will be sustained in the new TRI-MEweb
application.

In 2006, EPA introduced a new flow to the TRI State Data Exchange
Network by which data submitted via diskette and paper to the TRI Data
Processing Center are also forwarded to participating states.  This
second stage of the network flow does not remove the obligation to
report to both EPA and their state government because of necessary
intervening steps such as data entry.  However, this eliminates the need
for dual data entry systems, allowing participating states to
discontinue their data entry systems.  In addition, these states no
longer need to perform the annual form reconciliation with EPA, since
they are obtaining the exact same flow of data that EPA receives from
facilities. 

Making TRI Data Available. Many options are available for accessing TRI
data. For example, the annual TRI Public Data Release (PDR) includes an
overview of the most recently reported TRI data, information on trends,
and downloadable data files of all TRI reports submitted for the
reporting year.  The TRI data for Reporting Year (RY) 2005 were released
on March 22, 2007, which was earlier than ever before.  The RY 2005 PDR
includes key findings, links to the data, and a link to TRI Explorer,
one of EPA's electronic tools for TRI data analysis.

The TRI Program has also developed the electronic Facility Data Release,
e-FDR, in response to public requests to make the TRI data available as
soon as possible after the data are received by EPA.  The e-FDR is a
facility-level, form-by-form release of the TRI data, which provides an
early look at individual facility data, but which does not include the
in-depth analyses (e.g., national trend analyses) that are provided in
the PDR several months later.  The first e-FDR, for RY 2003, was
released in November 2004; the second e-FDR, for RY 2004, was released
in November 2005; and the latest e-FDR, for RY 2005, was released in
September 2006.  

EPA has also developed data base tools that can be used to access the
data. One such tool, TRI Explorer, allows users to search the TRI data
by zip code, county, and state, as well as view data at the national
level.  Combined with hazard and exposure information, it serves as a
valuable tool for identifying potential chemical hazards in communities.

Using EPA’s Envirofacts, users can determine which facilities
in designated areas have reported toxic releases, including air
emissions, surface water discharges, releases to land, underground
injections, and transfers to off-site locations.  Envirofacts allows the
user to query and view data for each TRI Form R submitted by a facility.

Finally, the TRI Data Mart is a new tool that is to be released in 2007
to provide a single point of enhanced access to TRI data and analytical
tools, just some of which are currently available through TRI Explorer
or Envirofacts.  The TRI Data Mart will provide greater analytical
capabilities and be able to respond to a variety of customized data
queries.  

Trade Secrecy Reviews. Respondents claiming a chemical identity as a
trade secret must include substantiation. Each year TRI receives
reporting forms with the trade secret box checked but no accompanying
substantiation form. In those cases, EPA treats the trade secret claim
as a mistake, and notifies the submitter. In many of these cases, the
trade secret claim was not intended and no substantiation is necessary.
In other cases , however, EPA receives completed trade secret claims. 
For more information onTrade Secrecy reviews, including the costs to
EPA, see the ICR for the Trade Secrecy Rule for EPCRA (EPA #1428, OMB
#2050-0078).

5(b) Collection Methodology and Management

EPA continues to encourage Form A and R submission through the Internet
via EPA’s Central Data Exchange (CDX) and the interactive,
intelligent, user-friendly software,  "Toxics Release Inventory Made
Easy Software (TRI-ME)" This software asks the user simple,
straightforward questions to help the user determine if the facility is
subject to TRI reporting. TRI-ME has greatly reduced data quality errors
and therefore, reduced the likelihood of a facility being in violation
of the reporting requirements, or having to subsequently submit
corrections. In the last five years TRI-ME usage has increased. Note
that 97 percent (66 percent CDX and 31 percent diskette) of submissions
were received electronically for the 2005 reporting year. 

A potentially even more helpful development is the program’s efforts
to create an innovative on-line application called TRI-MEweb.  This
online tool will have new features to further help reduce reporting
burden, improve data quality, and significantly reduce errors in the
same way that TRI-ME has done historically.  Facilities will be able to
go on-line and have their forms pre-populated with prior year data from
the actual EPA database.  Work is continuing on the TRI-MEweb
application and the TRI Program releases the software in Reporting Year
2007.

5(c) Small Entity Flexibility  

EPCRA § 313 (b)(1)(A) provides that facilities with less than 10
full-time employees (or equivalent) are not required to report. In
addition, the the application of the alternate threshold and therefore
use of the Form A is advantageous to those entities that might be
classified as small under other definitions. The range established by
the release and waste thresholds (in alternate threshold reporting) may
apply proportionally higher to smaller entities, thereby resulting in
greater regulatory relief for these smaller facilities. EPA considered a
number of different annual reportable amount levels when it originally
promulgated this rule. Originally, the 500 pound level was chosen
because it appeared to best balance burden reduction with the need for
data and information, and is consistent with the requirements of EPCRA
§ 313. However, the Agency has promulgated a new rule—TRI Burden
Reduction Rule (December 2006)—that increases the annual reportable
amount for Non-PBT chemicals from 500 lbs to 5000 lbs, providing that
disposal and other releases do not exceed 2,000 pounds. In addition,
under this rule, PBT chemicals can be reported on Form A for the first
time ever, as long as disposal and other releases equals zero and the
annual reportable amount does not exceed 500 pounds.  

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 mechanisms),
EPA has reduced, to the extent practicable and appropriate at this time,
the burden on persons providing the information being collected under
EPCRA § 313. EPA continues to work with affected parties to identify
opportunities for further burden reduction.

5(d) Collection Schedule

Facilities must report their information on a calendar-year basis, and
submit the Form R or Form A to EPA by July 1 each year. On average, EPA
has released the national TRI data set to the public approximately ten
months after the annual reporting deadline. In response to public
concerns about shortening the time frame for release of TRI information,
EPA is encouraging facilities to submit revised reports sooner, and
combining a series of automated data quality operations. The Agency
expects these measures will help it to meet the ultimate goal of
releasing data in the year of submission. Also, it is important to note
that EPA's national database is just one avenue of access to the TRI
information. Each state also makes its data available to the public, and
most states are able to make their data available prior to EPA's release
of the national database. For example, nearly half of the states release
their state's TRI database within four months of the reporting deadline.

6	ESTIMATING THE BURDEN AND COST OF THE COLLECTION 

This information collection activity imposes burden and cost on those
facilities that are eligible to use the alternate reporting threshold as
implemented in Form A use under the EPCRA § 313 reporting requirements.
 It also imposes costs on EPA to process and make available the data
collected and stored in the Toxics Release Inventory.  The following
sections present the derivation of Form A respondent burden and cost as
well as Agency burden and cost. For TRI reporters, estimates of average
Form A reporting burden per respondent are presented.  These unit burden
estimates are then combined with appropriate wage rates to develop unit
costs. Total Form A respondent burden and costs are estimated by
combining the universe of reporting forms and facilities with estimates
of unit burden and cost. This universe of reporting forms and facilities
is based on reporting in RY2005, adjusted to account for the predicted
impacts of the TRI Burden Reduction rule and proposed changes.  When
estimating Reporter Burden, the submission media is assumed to be 100%
paper, reflecting the most conservative case. The combined total number
of forms and facilities (i.e., respondents) is hereafter referred to as
the ICR Universe. The Form R burden and cost associated with the new
data elements and revised instructions are presented separately in
alternate tables and then accounted for in the bottom-line burden and
cost estimates (highlighted).  

OMB last approved this Information Collection request on March 3, 2006
with an expiration date of January 31, 2008.  The approved ICR reflected
a Form A respondent reporting burden of 259,192 hours and $12MM.  In
this ICR Renewal, the effect of the TRI Burden Reduction Rule is
expected to continue to reduce overall burden due to increased From A
eligibility (i.e., number of Form Rs decreased; number of Form As
increased) with total respondent burden and cost of Form A reporting
projected at 515,284 hours and $25.99MM.Further, the TRI program is
proposing to add certain data elements to both reporting forms.  The
addition of these data elements is estimated to increase total reporting
burden and cost for Form A reporting to 517,311 hours and $26.20MM,
respectfully.  

For Agency burden, estimates of fixed costs associated with rent for the
EPCRA reporting center, development costs for data access tools,
compliance assistance measures, and other activities and expenses are
presented. Variable costs, dependent on the number of Form As processed,
are also calculated.  In Agency burden estimates, the FY2005
distribution of submission media (paper, diskette, CDX on-line) is
assumed to be the same over the course of the ICR period. 

	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.

One factor to note is that reporter burden has been impacted over time
by technology advances.  For example, in 2003, EPA implemented the TRI
State Data Exchange Network that enabled facilities in participating
states to submit their data simultaneously via CDX to EPA and to their
state government. This new reporting option allowed facilities to
fulfill their legal obligation to report to the federal and state
entities through the sole submission of data to EPA via CDX.  In
addition, EPA has developed interactive, intelligent, user-friendly
software called "Toxics Release Inventory Made Easy Software (TRI-ME),"
that asks the user simple, straightforward questions to help the user
determine if the facility is subject to TRI reporting. TRI-ME has
greatly reduced data quality errors and therefore, reduced the
likelihood of a facility being in violation of the reporting
requirements, or having to subsequently submit corrections. 
Additionally,   SEQ CHAPTER \h \r 1 EPA expects that TRI-ME has resulted
in a burden reduction in the activities of Form A Completion and
Recordkeeping/Submission.  As a conservative estimate of reporting
burden, however, reporter burden savings associated with TRI-ME are not
reflected in this ICR.

Form A Respondent Requirements

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. Specifically:

Rule Familiarization: Facilities that are reporting under EPCRA § 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 their
state.

Each of these steps is described in more detail below.

Rule Familiarization. - If a facility will be reporting under the EPCRA
§ 313 requirements for the first time, facility staff must review and
comprehend the reporting requirements, as well as EPA procedures for
submitting, revising, and withdrawing forms. At a minimum, this effort
will involve reading the instructions to the Toxics 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, a facility's 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
disposal and other releases, its annual reportable amount, and the
amount manufactured, processed, or otherwise used. If a facility's
annual reportable amount for a non-PBT chemical is 5,000 pounds or less
and its disposal or other releases do not exceed 2,000 pounds, the
facility is eligible to apply the alternate threshold of 1 million
pounds manufactured, processed or otherwise used. If a facility's annual
reportable amount for a PBT chemical is 500 pounds or less and its
disposal or other releases are zero, the facility is eligible to apply
the alternate threshold of 1 million pounds manufactured, processed or
otherwise used.

Form A Certification Statement Completion. If a facility is eligible and
chooses 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. The new data
elements proposed for Form A by EPA will add minimal burden to the form
as follows:

Check box indicating whether the parent company or the facility, when
considered together with all of its affiliates, is a small business –
The facility will answer "yes" or "no" to whether the parent company (or
the facility when considered together with all of its affiliates)
identified in response to Part I, Section 5.1 is a small business as
defined by the Small Business Administration (SBA).  The form preparer
may need to consult with the treasurer or financial officer of the
company. In the first year, this data element is estimated to take 4.7
minutes of management time, 10 minutes of technical time and 0.7 minutes
of clerical time to complete.  In subsequent years, it is estimated to
take 0.1 minutes of management time, 0.3 minutes of technical time and
0.4 minutes of clerical time to complete. 

Field for “form preparer”- The facility will enter the name,
telephone number (including area code), and e-mail address of the person
filling out the Form R if this information is different from that in the
section on Technical Contact.  In the first year, this data element is
estimated to take 0.4 minutes of management time, 0.8 minutes of
technical time and 2.0 minutes of clerical time to complete.  In
subsequent years, it is estimated to take 0.4 minutes of management
time, 0.8 minutes of technical time and 1.3 minutes of clerical time to
complete.  

Field for “public contact” including email address (affects Form A
only)  - The facility will enter the name, telephone number (including
area code), and e-mail address of the public contact.  In the first
year, this data element is estimated to take 0.2 minutes of management
time, 0.5 minutes of technical time, and 1.3 minutes of clerical time to
complete.  In subsequent years, it is estimated to take 0.2 minutes of
management time, 0.5 minutes of technical time, and 0.9 minutes of
clerical time to complete.

Code boxes indicating that the form is a revision or withdrawal as well
as the reason for revision or withdrawal. For a revision or withdrawal,
the facility will indicate with up to two codes, the reason(s) for
revision or withdrawal in the code box. Given that revision and
withdrawal procedures are considered to be part of Rule Familiarization,
these procedural changes, which apply to a subset of the ICR Universe,
are negligible, and assumed to be zero.

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.

This ICR reflects two changes from the last TRI Form A ICR.  First, due
to the TRI Burden Reduction Rule promulgated December 18, 2006, the
total number of Form Rs filed by facilities is expected to decrease
while the number of Form As is expected to increase. With expanded Form
A eligibility, overall burden as well as total Form R reporting burden
is expected to be reduced while Form A burden is increased. The unit
burden associated with filling out Form A, however, remains unchanged. 
The change in the number of Form As filed is discussed in section 6(d).
Second, EPA is proposing to add data elements and revise instructions
for Form R and A that would that improve the consistency and granularity
of TRI data via details of standardized responses.  The addition of data
elements will increase the unit burden associated with filling out Form
A but will not affect the number of Form As submitted. Note that tables
below are often presented in (a) and (b) versions to reflect the base
case (incorporating the Burden Reduction Rule) and then the proposed
changes.

Form A 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 the annual reportable amount. 

This ICR reflects two types of changes from the last TRI Form R ICR. 
First, due to the TRI Burden Reduction Rule promulgated December 18,
2006, the expanded Form A eligibility will result in an increase in the
number of Form As filed and therefore an increase in Form A reporting
burden.  The unit burden associated with filling out Form A, however,
remains unchanged.  The change in the number of Form As filed is
discussed in section 6(d). Second, EPA is proposing to add data elements
and revise instructions for Form R and A that would that improve the
consistency and granularity of TRI data via details of standardized
responses. The addition of data elements will increase the unit burden
associated with filling out Form A but should not affect the number of
Form As submitted. Reporting burden estimates by activity and labor
category are shown in Table 1a. The incremental burden associated with
the new data elements is shown in Table 1b.

Table 1a

Reporter Average Annual Burden Hour Estimates for Form A

  SEQ CHAPTER \h \r 1 Activity	Management	Technical	Clerical	Total Hours

First-year activities





Rule Familiarization - first-time filers	12	22.5	0	34.5

Calculations/ Certification - first-time non-PBT filers	16.3	26	2.2	44.5

Calculations/ Certification - first-time PBT filers	16.1	25.7	2.2	44

Form A Completion - first-time filers	0.02	1.5	0.05	1.6

Recordkeeping/Submission	0	2.4	0.6	3

Total Non-PBT	28.3	52.4	2.9	83.6

Total PBT	28.1	52.1	2.9	83.1

Subsequent year activities





Calculations/ Certification - subsequent year non-PBT filers	5.95	9.5
0.75	16.2

Calculations/ Certification - subsequent year PBT filers	11.2	19	1.4
31.6

Form A Completion - subsequent year filers	0.09	1.2	0.03	1.3

Recordkeeping/Submission	0	2.4	0.6	3

Total Non-PBT	6.04	13.1	1.38	20.5

Total PBT	11.29	22.6	2.03	35.9

Source: Economic Analysis of the Toxics Releases Inventory Burden
Reduction Rule, September 2006.



Table 1b

Reporter Incremental Annual Burden Increase Estimates for Form A

  SEQ CHAPTER \h \r 1 Activity	Management	Technical	Clerical	Total
Minutes	Total Hours

First-year activities





	Form A Completion - first-time filers (nonPBT and PBT)

	Check box on form to indicate if parent company or facility and all of
its affiliates is a small business	4.7	10.0	0.7	15.4	0.26

Include field for public contact information	0.2	0.5	1.3	2.0	0.03

Include field for “form preparer” 	0.4	0.8	2.0	3.1	0.05

Include check boxes on form to indicate reason(s)s for revision or
withdrawal, if a form is being resubmitted	0.0	0.0	0.0	0.0	0.00

Total	5.28	11.25	3.93	20.47	0.34

Subsequent year activities





	Form A Completion - subsequent year filers (nonPBT and PBT)

	Check box on form to indicate if parent company or facility and all of
its affiliates is a small business	0.1	0.3	0.4	0.8	0.01

Include field for public contact information	0.2	0.5	0.9	1.6	0.03

Include field for “form preparer” 	0.4	0.8	1.3	2.4	0.04

Include check boxes on form to indicate reason(s)s for revision or
withdrawal, if a form is being resubmitted	0.0	0.0	0.0	0.0	0.00

Total	0.70	1.50	2.68	4.88	0.08

Note that the derivation of reporting burden estimates associated with
the new data elements and revised reporting instructions follows the
methodology used in the Economic Analysis for the TRI Reporting Forms
Modification Rule, July 2005. See Appendix G of the Form R ICR
Supporting Statement for description of all Form R data elements, from
which the TRI Reporting Forms Modification Rule data elements and the
new data elements presented in this ICR were derived.



6(b) Estimating Respondent Costs

The cost to respondents is based on the time needed to complete the
tasks listed in section 6(a) and the hourly cost of labor at appropriate
levels (loaded labor rates). There are no specific capital and operation
and maintenance costs associated directly with this information
collection activity. There may be some small additional costs for
mailing and supplies. Total annual costs for all facilities are
discussed in section 6(d).

	(i) Estimating Labor Costs

Respondent costs are related to the number of chemical certifications
reported on the Form A Certification Statements and the loaded hourly
rates of the personnel who complete the reporting activities. For the
first year, the total reporting burden is estimated to average 83.9
hours (83.6 without changes) for a facility submitting a single
certification statement for a non-PBT chemical and 83.4 hours (83.1
without changes) for a facility submitting a single certification
statement for a PBT chemical under EPCRA § 313. (This estimate includes
the time required for rule familiarization, calculations/certification,
Form A Certification Statement completion, and
recordkeeping/submission.) For subsequent reporting years, the total
reporting burden is estimated to average 20.6 hours (20.5 without
changes) for a facility submitting a single certification statement for
a non-PBT chemical and 36.0 hours (35.9 without changes) for a facility
submitting a PBT chemical under EPCRA § 313. (This estimate 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 between 29.7
hours per form (29.6 without changes) for a non-PBT chemical and 51.4
hours per form (51.3 without changes) for a PBT chemical in subsequent
reporting years. Note that these estimates are based on reporting one
chemical per for form, and are comparable to the Form R numbers.Thus,
for a facility filing a Form A Certification Statement for a single
chemical, the alternate threshold yields an average savings of 9.1 hours
for a non-PBT chemical and 15.4 hours for a PBT chemical in subsequent
reporting years. 

For a facility that certifies multiple chemicals on a Form A
Certification Statement, the burden per reported chemical is reduced. On
average 2.2 chemicals were reported to EPA using Form A Certification
Statements for the 2005 reporting year. About 50 percent of the
facilities using the Form A Certification Statement reported on one
chemical, another 18 percent reported on two chemicals, 16 percent on
three chemicals, and the remaining 16 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 Tables 2a and 2b before
and after the addition of the new data elements. The loaded hourly rates
used in Tables 2a and 2b correspond with the loaded hourly rates for the
relevant labor categories in the Form R ICR Supporting Statement.

Table 2a

Reporter Annual Burden and Cost per Facility (Assuming 1, 2, or 3
Chemicals)   SEQ CHAPTER \h \r 1 

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 Familiarization - first-time filers	34.5	$1,805	34.5	$1,805	34.5
$1,805

Calculations/ Certification - first-time non-PBT filers	44.5	$2,280	89
$4,560	133.5	$6,840

Calculations/ Certification - first-time PBT filers	44	$2,253	88	$4,506
132	$6,759

Form A Completion - first-time filers	1.6	$77	1.6	$77	1.6	$77

Recordkeeping/Submission	3	$134	6	$268	9	$402

Total per Facility - non-PBT	83.6	$4,296	131.1	$6,710	178.6	$9,124

Total per Facility – PBTs	83.0	$4,269	130	$6,656	177	$9,043

Average per Chemical – non-PBT	83.6	$4,296	65.5	$3,355	59.5	$3,041

Average per Chemical – PBT	83.0	$4,269	65	$3,328	59	$3,014

Subsequent year filers







Calculations/ Certification - subsequent year non-PBT filers	16.2	$831
32.4	$1,662	48.6	$2,493

Calculations/ Certification - subsequent year PBT filers	31.6	$1,620
63.2	$3,240	95	$4,860

Form A Completion - subsequent year filers	1.3	$64	1.3	$64	1.3	$64

Recordkeeping/Submission	3	$134	6	$268	9	$402

Total per Facility – non-PBT	20.5	$1,029	39.7	$1,994	58.9	$2,959

Total per Facility –PBT	35.9	$1,818	70.4	$3,572	105	$5,326

Average per Chemical – non-PBT	20.5	$1,029	19.8	$997	19.6	$986

Average per Chemical – PBT	35.9	$1,818	35.2	$1,786	35	$1,775



Table 2b

Reporter Annual Burden and Cost per Facility (Assuming 1, 2, or 3
Chemicals),

Including New Data Elements   SEQ CHAPTER \h \r 1 

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 Familiarization - first-time filers	34.5	$1,805	34.5	$1,805	34.5
$1,805

Calculations/ Certification - first-time non-PBT filers	44.5	$2,280	89
$4,560	133.5	$6,840

Calculations/ Certification - first-time PBT filers	44.0	$2,253	87.932
$4,505	131.9	$6,758

Form A Completion - first-time filers	1.9	$87	1.9	$87	1.9	$87

Recordkeeping/Submission	3	$134	6	$269	9	$403

Total per Facility - non-PBT	83.9	$4,306	131.4	$6,720	178.9	$9,135

Total per Facility – PBTs	83.4	$4,279	130.4	$6,666	177.3	$9,053

Average per Chemical – non-PBT	83.9	$4,306	65.7	$3,360	59.6	$3,045

Average per Chemical – PBT	83.4	$4,279	65.2	$3,333	59.1	$3,018

Subsequent year filers







Calculations/ Certification - subsequent year non-PBT filers	16.2	$831
32.4	$1,663	48.6	$2,494

Calculations/ Certification - subsequent year PBT filers	31.6	$1,620
63.2	$3,240	94.7	$4,860

Form A Completion - subsequent year filers	1.4	$64	1.4	$64	1.4	$64

Recordkeeping/Submission	3	$134	6	$269	9	$403

Total per Facility – non-PBT	20.6	$1,030	39.8	$1,996	59.0	$2,961

Total per Facility –PBT	35.9	$1,819	70.5	$3,573	105.1	$5,327

Average per Chemical – non-PBT	20.6	$1,030	19.9	$998	19.7	$987

Average per Chemical – PBT	35.9	$1,819	35.3	$1,787	35.0	$1,776

Note that the derivation of reporting burden and cost estimates
associated with the new data elements and revised reporting instructions
follows the methodology used in the Economic Analysis for the TRI
Reporting Forms Modification Rule, July 2005. See Appendix G of the Form
R ICR Supporting Statement  for description of all Form R data elements,
from which the TRI Reporting Forms Modification Rule data elements and
the new data elements presented in this ICR were derived..



6(c) Estimating Agency Burden and Cost

This section estimates the burden and costs to EPA to process Form R
reports based on information characterizing the resources used in
previous years. EPA incurs burden and costs for five categories of
activities: data processing, outreach and training, information
dissemination, policy and petitions, and compliance and enforcement.
These activities are described in detail in Table 3.

Table 3

EPA Activities for TRI Reporting Forms

Category	Description

Data Processing	Data entry – entering the information into the
database, microfilming or microfiching the reports, and filing all
reports;

Data quality – reviewing reports for completeness, errors, and
inconsistencies; making inquiries to resolve discrepancies; and
reentering corrected data;

Magnetic media support – distributing computer program for electronic
submissions; creation and updating of intelligent reporting software;

Programming and operating the EPA mainframe and local area network;

Data analysis – developing tools to use TRI data, analyzing data to
support EPA needs, and preparing data for use by others; and

EPCRA Reporting Center fixed costs – rent and form storage.

Outreach and Training	Providing EPCRA technical hotline, technical
guidance, industry outreach, and regional, state, and public training;
and

Responding to requests for information through TRI User Support.

Information Dissemination	Public data release, Internet, data access
tools.

Policy and Petitions	Analysis to support petitions, list revisions,
trade secret claims, and rulemakings.

Compliance and Enforcement	Technical assistance, compliance outreach,
facility inspections, issuance of cases and creation of Supplemental
Environmental Projects (SEPs).



The estimate of EPA burden and costs are separated into a fixed
component and a variable component; EPA staff commitments (as measured
by full time equivalents, or FTEs) are reported in total. Activities and
expenses that are not greatly affected by marginal changes in report
quantities are treated as fixed. These activities and expenses include
rent for the EPCRA reporting center, development costs for data access
tools, compliance assistance measures, and other activities and expenses
listed above. The variable component is the amount that varies depending
on the number of forms. The variable unit costs are estimated as data
processing costs divided by the total number of reports processed in the
2005 reporting year. Table 4 details the costs associated with the
activities of Table 3 in total and for each Form R and Form A. 

Table 4

Agency Burden and Cost*

Category	Annual Cost	Form R	Form A

Data Processing (Fixed Cost)

Forms Processing (Variable Cost)	$ 4.25 MM

$ 0.45 MM	$ 3.70 MM

$ 0.39 MM	$ 0.55 MM

$ 0.06 MM

Outreach and Training	$ 1.10 MM	$ 0.96 MM	$ 0.14 MM

Information Dissemination 	$ 0.81 MM	$ 0.70 MM	$ 0.11 MM

Policy and Petitions	$ 1.08 MM	$ 0.94 MM	$ 0.14 MM

Compliance and Enforcement	$ 0.37 MM	$ 0.32 MM	$ 0.05 MM

 Totals	$8.06 MM	$ 7.01 MM	$ 1.05 MM

*This estimate includes all Agency activities related to all TRI work,
reflecting a 50 FTE effort with 13 FTE from Region Office Support. The
portion of FTE attributed to Form A activities is approximately 87% of
the total, or 6 FTE.

Note that total costs are allocated to Form R and A in same proportion
as the number of Form Rs and Form As in the ICR Universe. (66,751 Form
Rs; 10,255 Form A. See explanation of these counts in Section 6(d)).



Table 5 summarizes the fixed and variable costs associated with
reporting under the EPCRA § 313 requirements by Form type and by
submission media.

Table 5

Agency Data Processing Costs

	Form R	Form A

	Paper 	CDX 	Disk 	Paper 	CDX 	Disk 

Variable

Cost Per Form	$24.79	$6.26	$3.01	$18.42	$6.26	$3.01

Fixed Costs	$3.7MM	$.55MM

Average Cost per Form	$61.25	$59.63

As discussed in the following section, approximately 10,235 Form A
Certification Statements are expected to be filed per year incorporating
projected effects of the TRI Burden Reduction Rule. Thus, the total
annual burden to EPA associated with Form As is estimated to be $0.99MM
in fixed costs, $0.06MM in variable costs, and 6 FTEs (or 56,160 hours
at $0.7 million in loaded labor costs).  These costs reflect the burden
to conduct the EPA activities described above plus an additional
(variable) cost for each form processed depending on the submission
media. The analysis assumes that, on average, the fixed FTE requirement
is met by EPA employees at the general pay scale grade GS-12, step 8 (at
a loaded salary of $115,289) using a loading factor of 1.4 that includes
wages and benefits but not overhead which is included in the fixed costs
portion of the Agency burden estimate.

6(d) Estimating the Respondent Universe and Total Burden and Costs

Total respondent burden is related to the number of chemical
certifications reported on the Form A Certification Statements and the
number of facilities that file Form A Certification Statements. Table 6
shows the assumed universe of TRI reporters and forms for both the Form
R and Form A ICRs and the effect of changes in Form A eligibility. This
universe is based on reporting in RY2005, adjusted to account for the
impact that TRI Burden Reduction rule is expected to have on Form A
reporting. Due to the TRI Burden Reduction Rule, 6,620 facilities are
expected to make Form A Certification Statements for an additional
11,832 chemicals.  For the purposes of bottom line burden hours and
costs in this ICR Supporting Statement, EPA is summing current Form A
reporting, based on RY2005, and expected increases in Form A reporting,
post TRI Burden Reduction Rule. This amounts to 10,235 facilities filing
Form A Certification Statements for 22,561 chemicals. Since the number
of Form A Certification Statements that will be filed post TRI Burden
Reduction Rule is unknown, the estimated number of facilities filing
Form As is used as a proxy for the number of Form A Certification
Statements in the ICR Universe.

It is estimated that approximately 11,780 Form Rs will be replaced by
Form As, assuming all who are eligible for the simplified Form A take
advantage of it. Additionally, a very small number of Form
As—47—will no longer be eligible to be filed as a Form A and will be
replaced by Form R(s) due to the new definition of the Annual Reportable
Amount.  The estimates of newly eligible Form As, though based on FY2005
results, are still only projections, as the TRI Burden Reduction Rule
was not in effect that year. See Table 6 for additional details.

Table 6

ICR Universe of TRI Facilities and Forms

	Form R	Form A

	Number of Chemicals (Same as Number of Forms)	Number of Chemicals
(Note: Average of 2.2 Chemicals per Form)

RY2005 TRI Universe

  Number of Facilities	21,154	4,713

  Number of PBT Chemicals	15,645	221

Number of Non-PBT     Chemicals	62,891	10,754

Newly Eligible for Form A

Number of Facilities	6,620

Number of PBT Chemicals	2,375

Number of Non-PBT Chemicals	9,457

Newly In-Eligible for Form A

Number of Facilities	35

Number of Non-PBT Chemicals	47

RY 2008 ICR Universe

Number of Facilities	19,441	10,235

Number of PBT Chemicals	13,270	2,397

Number of Non-PBT Chemicals	53,481	20,164

RY 2008 ICR Universe of Forms

Form R = 78,536-11,832 +47 = 66,751

Form A4 = [(10776+11,832)/2.2]-[47/1.1]=10,235

Notes: 

1. In RY2005 the TRI Burden Reduction Rule was not in place (i.e., no
eligibility for reporting PBT’s on Form A) but Form As were
incorrectly filed for 22 PBT chemicals. 

2. The number of facilities cannot simply be added or subtracted across
columns or down rows due to the fact that any given facility may be
filing both Form Rs and a Form A; also note that the categories of
chemicals reported on each form are not mutually exclusive, with overlap
of those switching (by chemical) from Form R to A and visa versa. 3)
These projections assume that the number of facilities filing Form A is
an adequate proxy for the number of Form A Certifications.

4.  To count number of Form As the number of chemicals has to be divided
by number of chemicals per form. For the main group of Form R chemicals
being moved to reports on a Form A, the average count of chemicals per
Form A is 2.2; for the small group of chemicals that are no longer
eligible for Form A and moved to a Form R, the average count of
chemicals per form is 1.1.



Total respondent burden and cost for the Form A Certification Statement
is shown in Tables 7a and 7b for the current Form A and for the new data
elements, respectively.

Table 7a

Total Annual Respondent Burden and Cost

Activity	Hours	Number of Facilities	Number of Chemicals	Total Burden

Rule Familiarization - First-year filers	34.5	334	N/A	11,523 

Calculations/Certification - First-year non-PBT filers	44.5	N/A	729
32,441 

Calculations/Certification - First-year PBT filers	43.966	N/A	11	484 

Form A Completion - First-year filers	1.6	334	N/A	528 

Calculations/Certification - Subsequent year non-PBT filers	16.2	N/A
19,457	315,210 

Calculations/Certification - Subsequent year PBT filers	31.58	N/A	2,364
74,655 

Form A Completion - Subsequent year filers	1.3	9,901	N/A	12,758 

Recordkeeping/Submission - All filers	3.0	N/A	22,561	67,684 

Total Burden



515,284  

Activity	Cost	Number of Facilities	Number of Chemicals	Total Cost

Rule Familiarization - First-year filers	$1,805 	334	N/A	$602,974 

Calculations/Certification - First-year non-PBT filers	$2,280 	N/A	729
$1,662,095 

Calculations/Certification - First-year PBT filers	$2,253 	N/A	11
$24,779 

Form A Completion - First-year filers	$77 	334	N/A	$25,863 

Calculations/Certification - Subsequent year non-PBT filers	$831 	N/A
19,457	$16,176,831 

Calculations/Certification - Subsequent year PBT filers	$1,620 	N/A
2,364	$3,829,931 

Form A Completion - Subsequent year filers	$64 	9,901	N/A	$632,763 

Recordkeeping/Submission - All filers	$134 	N/A	22,561	$3,029,820 

Total Cost



$25,985,056



	

Table 7b

Total Incremental Annual Respondent Burden and Cost Increase 

Activity	Minutes	Number of Chemicals	Total Burden (Hours)

Form A Completion - First-year filers



	Check box on form to indicate if parent company or facility and all of
its affiliates is a small business	15.4	740	189 

Include field for public contact information	2.0	740	25 

Include field for “form preparer” 	3.1	740	38 

Include check boxes on form to indicate reason(s) for revision or
withdrawal, if a form is being resubmitted	0.0	740	0 

Form A Completion - Subsequent year filers



	Check box on form to indicate if parent company or facility and all of
its affiliates is a small business	0.8	21,821	296 

Include field for public contact information	1.6	21,821	592 

Include field for “form preparer” 	2.4	21,821	887 

Include code boxes on form to indicate reason(s) for revision or
withdrawal, if a form is being resubmitted	0.0	21,821	0 

Total Burden

	2,027 

Activity	Cost	Number of Chemicals	Total Cost

Form A Completion - First-year filers



	Check box on form to indicate if parent company or facility and all of
its affiliates is a small business	$13.04 	740	$9,647 

Include field for public contact information	$1.18 	740	$874 

Include field for “form preparer” 	$1.77 	740	$1,311 

Include check boxes on form to indicate reason(s) for revision or
withdrawal, if a form is being resubmitted	$0.00 	740	$0 

Form A Completion - Subsequent year filers



	Check box on form to indicate if parent company or facility and all of
its affiliates is a small business	$0.50 

	21,821	$10,995 

Include field for public contact information	$1.01 	21,821	$21,990 

Include field for “form preparer” 	$1.51 	21,821	$32,986 

Include code boxes on form to indicate reason(s) for revision or
withdrawal, if a form is being resubmitted	$0.00 	21,821	$0 

Total Cost

	$77,803 

Note that the derivation of reporting burden estimates associated with
the new data elements and revised reporting instructions follows the
methodology used in the Economic Analysis for the TRI Reporting Forms
Modification Rule, July 2005. See Appendix G of the Form R ICR
Supporting Statement for description of all Form R data elements, from
which the TRI Reporting Forms Modification Rule data elements and the
new data elements presented in this ICR were derived..

6(e) Bottom-Line Burden and Cost Tables

This section presents the total burden and cost incurred by TRI
reporters that use the alternate reporting threshold under EPCRA § 313
and by EPA to process Form As annually.

Respondent Tally

Table 8 presents the total annual reporting burden and cost associated
with Form A.

Table 8

Total Annual Form A Reporting Burden and Cost

	Number of Chemicals for Which Certifications Statements are Submitted
Annual Burden Hours	Annual Costs

(millions of 2006 dollars)

Current Form A	22,561	515,284	$25,985,056

New Data Elements	22,561	2,027	$77,803

Total

517,311	$26,062,859



The Agency Tally

The total annual burden to EPA associated with Form As is estimated to
be $0.99 MM in fixed costs, $0.06 MM in variable costs, and 6 FTEs (or
56,160 hours at $0.7 million in loaded labor costs). These costs reflect
the burden to conduct the EPA activities described above plus an
additional (variable) cost for each form processed depending on the
submission media.

Variations in the Annual Bottom Line

Significant variation in the annual respondent reporting/recordkeeping
burden and cost is not expected over the course of the clearance period.

6(f) Reasons for Change in Burden

OMB last approved this Information Collection request on March 3, 2006
with an expiration date of January 31, 2008. The approved ICR reflected
a Form A respondent reporting burden of 259,192 hours and $12MM.   In
this ICR Renewal, the effect of the TRI Burden Reduction Rule is
expected to continue to reduce overall burden due to increased From A
eligibility (i.e., number of Form Rs decreased; number of Form As
increased) with total respondent burden and cost of Form A reporting
projected at 515,284 hours and $25.99MM. Further, the TRI program is
proposing to add certain data elements to both reporting forms.  The
addition of these data elements is estimated to increase the total
reporting burden and cost for Form A reporting to 517,311 hours and
$26.06MM.  

The burden estimated in this supporting statement differs from OMB’s
inventory as a result of increases in the number of chemicals for which
facilities will now be able to file Form A Certification Statements due
to the TRI Reporting Burden Reduction Rule. The number of chemicals for
which Form A Certification Statements will be filed is estimated to
increase from approximately 12,000 chemicals in RY2002 to approximately
22,600 chemicals. The addition of 3 data elements is expected to result
in a minor increase in reporting burden.

Refer to the Form R ICR Supporting Statement, Figure 1 and Table 18 for
extended background information on both rulemaking and ICR renewal
chronologies.

6(g) 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 20.6
hours (20.5 without changes) for a facility that certifies one non-PBT
chemical per Form A Certification Statement and 36.0 hours (35.9 without
changes) for a facility that certifies one PBT 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 19.2
hours (not impacted by changes) for each non-PBT chemical that is
certified and 34.6 hours (not impacted by changes) for each PBT chemical
that is certified. The burden of completing the Form A Certification
Statement is estimated to average 1.4 hours (1.3 without changes),
regardless of the number or type (non-PBT or PBT) 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 is defined as 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 burden 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.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-TRI-2007-0355, which is available for online viewing at
www.regulations.gov, or in person viewing at the Office of Environmental
Information Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
Reading Room is (202) 566-1744, and the telephone number for the Office
of Environmental Information Docket is (202) 566-1752. An electronic
version of the public docket is available at www.regulations.gov.  This
site can be used to submit or view public comments, access the index
listing of the contents of the public docket, and to access those
documents in the public docket that are available electronically. When
in the system, select “search,” then key in the Docket ID Number
identified above.  Also, you can send comments to the Office of
Information and Regulatory Affairs, Office of Management and Budget, 725
17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for
EPA. Please include the EPA Docket ID No. EPA-HQ-TRI-2007-0355 and OMB
control number 2070-0093 in any correspondence.

The completed forms should be submitted in accordance with the
instructions accompanying the form, or as specified in the corresponding
regulation.

 

APPENDIX A 

BLANK FORM A

APPENDIX B

REPORTING FORM INSTRUCTIONS 

ASSOCIATED WITH FORM CHANGES

Appendix B: Reporting Form Instructions Associated with Form Changes

This appendix presents the instructions that will accompany the proposed
Form revisions and additions by data element.

PART 1 FACILITY IDENTIFICATION INFORMATION

4.4 Public Contact 

Enter the name and telephone number (including area code) of a person
who can respond to questions from the public about the report.  You
should also enter an email address for this person.  If you choose to
designate the same person as both the technical and the public contact,
you may enter “Same as Section 4.3” in this space.   This contact
person does not have to be the same person who prepares the report or
signs the certification statement and does not necessarily need to be
someone at the location of the reporting facility.  If your facility
does not have a public contact, provide the technical contact name,
telephone number, and email address in the appropriate public contact
fields.

4.5 Form Preparer 

Enter the name, telephone number (including area code), and email
address of the person filling out the Form R.   EPA encourages
facilities to provide an email address for the Form Preparer since this
individual will then be able to receive important program updates and
email notifications when a facility's Facility Data Profile (FDP) is
available for review.  The form preparer does not have to be the same
person as the Technical Contact or as the person who signs the
certification statement and does not necessarily need to be someone at
the location of the reporting facility.  If you choose to designate the
same person as both the Technical Contact and the Form Preparer, you may
enter "Same as Section 4.3" in this space.

5.3  Is the parent company or if no parent company, is the facility and
all of its affiliates considered together a small business as defined by
the Small Business Administration (SBA)?

Answer "yes" or "no" to whether the parent company or in those instances
where there is no parent company (and NA has been entered in 5.1), the
facility and all of its affiliates considered together would qualify as
a small business as defined by the Small Business Administration (SBA). 
In other words, even when there is no parent, the answer to this
question should reflect the small business status of the entire company
in those circumstances where the facility does not comprise the entire
company.  Assistance with this question may be obtained from the
treasurer or financial officer of the company.  You may also want to
refer to the SBA website at: www.sba.gov.

PART II CHEMICAL SPECIFIC INFORMATION 

Basis of Estimate Instructions (Applies to Form R only)

 tc \l3 "Section 5 Column B: Basis of Estimate 

For each release and otherwise managed waste estimate (sections 5 & 6),
you are required to indicate the principal method used to determine the
amount of release and otherwise managed waste reported.  You should
enter a letter code that identifies the method that applies to the
largest portion of the total estimated release and otherwise managed
waste quantity.

The codes are as follows:

M1-	Estimate is based on chemical-specific continuous emission
monitoring data or measurements for the EPCRA  XE "EPCRA"   § 313
chemical.

M2-Estimate is based on chemical-specific periodic and/or random
monitoring, including source testing data or measurements for the EPCRA 
XE "EPCRA"   § 313 chemical.

C-	Estimate is based on mass balance calculations, such as calculation
of the amount of the EPCRA  XE "EPCRA"   § 313 chemical in wastes
entering and leaving process equipment.

E1-	Estimate is based on chemical-specific published emission factors,
such as those relating release quantity to through-put (e.g., air
emission factors) for the EPCRA  XE "EPCRA"   § 313 chemical.

E2-	Estimate is based on chemical-specific site-specific emission
factors, such as those relating release quantity to through-put (e.g.,
air emission factors) for the EPCRA  XE "EPCRA"   § 313 chemical.

O1-	Estimate is based on non-chemical specific published emission
factors, such as that relating release quantity of fluids per equipment
type (e.g., synthetic organic chemical industry emission factors).  XE
"EPCRA"  

O2-	Estimate is based on non-chemical specific site-specific emission
factors, such as that relating release quantity of fluids per equipment
type.   XE "EPCRA"  

O3-	Estimate is based on parametric emissions monitoring of surrogate
parameters.  Parameters that are followed up for operation control
purposes (like temperature, conductivity, pressure and pH) can also have
good correlation to the actual emission levels. A combination of
surrogates may result in a strong relationship to the parameter to be
monitored. 

O4-	Estimate is based on published emission models that are generally
based on physico-chemical principles and empirical relationships.  The
most familiar model is USEPA’s TANKS 4.09D developed for estimating
organic emissions from storage tanks. 

O5-	Estimate is based on other approaches such as engineering
calculations (e.g., estimating volatilization using published
mathematical formulas) or best engineering judgment.  This would include
applying estimated removal efficiency to a treatment, even if the
composition of the waste before treatment was fully identified through
monitoring data.

For example, if 40% of stack emissions of the reported EPCRA  XE "EPCRA"
  § 313 chemical were derived using source testing data, 30% by mass
balance, and 30% by chemical-specific emission factors, you should enter
the code letter “M2” for periodic and/or random monitoring.

If the monitoring data, mass balance, or emission factor used to
estimate the release is not specific to the EPCRA  XE "EPCRA"   § 313
chemical being reported, the form should identify the estimate as based
on appropriate basis of estimation codes (O1 – O5).

If a mass balance calculation yields the flow rate of a waste, but the
quantity of reported EPCRA  XE "EPCRA"   § 313 chemical in the waste is
based on solubility data, you should report “O5” because
“engineering calculations” were used as the basis of estimate of the
quantity of the EPCRA § 313 chemical in the waste.

If the concentration of the EPCRA  XE "EPCRA"   § 313 chemical in the
waste was measured by continuous emissions monitoring equipment and the
flow rate of the waste was determined by mass balance, then the primary
basis of the estimate should be “monitoring” (M1). Even though a
mass balance calculation also contributed to the estimate,
“monitoring” should be indicated because monitoring data were used
to estimate the concentration of the waste.

Mass balance (C) should only be indicated if it is directly used to
calculate the mass (weight) of EPCRA  XE "EPCRA"   § 313 chemical
released.  Monitoring data should be indicated as the basis of estimate
only if the EPCRA § 313 chemical concentration is measured in the waste
being released into the environment.  Monitoring data should not be
indicated, for example, if the monitoring data relate to a concentration
of the EPCRA § 313 chemical in other process streams within the
facility.

It is important to realize that the accuracy and proficiency of release
estimation will improve over time.  However, submitters are not required
to use new emission factors or estimation techniques to revise previous
Form R submissions.

INFORMATION TO BE COLLECTED FOR WITHDRAWN AND REVISED FORMS

 tc \l1 " How to Revise  XE "Revise"     XE "Withdraw"  TRI Data?

Facilities that filed a Form R and/or Form A Certification Statement
under EPCRA  XE "EPCRA"   § 313 may submit a request to revise their
submission(s) to the Toxics Release Inventory System (TRIS) database and
in the public version of the database, Envirofacts, TRI Explorer and TRI
Explorer 1.  Facilities may request a revision for one or more of
following reasons:

To update facility address (RF1)

To update contact information (RF2)

To revise facility classification (RF3)

To revise NAICS code(s) (RF4)

To revise trade secret information (RC1)

To revise chemical activities (RC2)

To revise maximum amount onsite (RC3)

To revise release and other waste management activities information due
to monitoring information (RR1)

To revise release and other waste management activities information due
to better emission factors (RR2)

To revise release and other waste management activities information due
to updated concentration information of raw materials and/or products
(RR3)

To revise offsite transfer information (RT1)

To update onsite waste treatment information (RW1)

To revise source reduction information (8.10 & 8.11) (RS1)

To revise as a result of an EPA/State inspection (RE1)

To revise as a result of Data Quality Alerts, a Notice of Technical
Error (NOTE), Notice of Significant Error (NOSE), or a Notice of
Noncompliance (NON) (RQ1)

To revise as a result of a voluntary disclosure through EPA’s audit
policy (RE2)

The revision code(s) should be entered in the “Revision” box on the
first page of the reporting form.  You may enter up to two revision
codes on the form.

Note: Late submissions for chemicals not reported in a previous
reporting year are not considered revisions for that year.

Submitting a Revision

If you have determined that your facility wishes to revise a TRI
submission, you must send your request to EPA and the appropriate State
agency.  For submitting a revision to EPA, please use one of the
following methods:

1.  TRI-MEweb.   The preferred method for revising TRI forms from
Reporting Year 2005 through the current year is TRI-MEweb.  For more
information regarding access to TRI-MEweb, please visit   HYPERLINK
"http://www.epa.gov/tri"  www.epa.gov/tri .  There are several
advantages to using TRI-MEweb.  They are as follows: your prior year
data will be prepopulated, electronic signature, which allows for
paperless filing, higher data quality and instant confirmation that EPA
has received your submission.   If you have questions about accessing
TRI-MEweb, please contact the CDX Hotline at epacdx@csc.com or call toll
free: 1-888-890-1995.

2.  TRI-ME via CDX.  For revisions being made to forms prior to
Reporting Year 2005, the preferred method is the use of the TRI
Made-Easy (TRI-ME) software and submission through the Internet via the
CDX.  You can download the TRI-ME software at   HYPERLINK
"http://www.epa.gov/tri"  www.epa.gov/tri .  There are several
advantages to using CDX.  They are as follows:  paperless filing,
electronic signature process, significant reduction of data errors, and
instant confirmation of your submissions.    You must use the TRI-ME
software for the year you are revising for.  For example, if you are
revising a form for Reporting Year 2003, you must use the Reporting Year
2003 version of TRI-ME.  If you do not have this software, you can
download TRI-ME at   HYPERLINK "http://www.epa.gov/tri"  www.epa.gov/tri
.  If you have questions about submitting via CDX, please contact the
CDX Hotline at epacdx@csc.com or call toll free: 1-888-890-1995. Note: 
Submission of revisions through CDX is only available for forms from RY
2002 and later. 

3.  TRI-ME  XE "TRI-ME"   via diskette - If you do not have Internet
access and you are revising a form prior to Reporting Year 2006, EPA
encourages you to use the TRI-ME software and to submit responses by
diskette to one of the addresses given below.  All diskette submissions
must be accompanied by a signed Certification Statement.  If you do not
have the TRI-ME software for the Reporting Year  XE "Reporting Year"  
that you are correcting, please contact EPA at 202-564-9554.  

4.     Hard Copy Form - EPA strongly discourages paper submissions due
to the increased possibility of data entry errors. However, you may make
corrections by hard copy as follows:

Photocopy of Original Submission - You may submit a photocopy of your
original submission (from your file) with the corrections made in blue
ink.  Re-sign and re-date the certification statement on Page 1.  Please
enter an “X” in the box next to “Revision (enter code)” and
enter the appropriate revision code in the space provided on page 1 of
the form.

	If you are submitting a revision for a prior reporting year, please
provide a photocopy your original submission (from your file) and
attach, as a cover page to the photocopy of the original submission,
page 1 of this year’s reporting form.  On this cover page 1 in blue
ink re-sign and re-date the certification statement, enter an “X” in
the box next to “Revision (enter code)” and enter the appropriate
revision code in the space provided. 

Where to Send Your Revision Requests

To send requests by regular mail:

TRI Data Processing Center

P.O. Box 1513

Lanham, MD 20703-1513

Attention: TRI Revision Request

To send requests by certified mail or overnight mail (i.e. Fed Ex, UPS,
etc.):

TRI Data Processing Center

c/o Computer Sciences Corporation

Suite 150

8400 Corporate Drive

Landover, MD 20785-2294

Attention: TRI Revision Request

301 429-5005

 tc \l1 " How to Withdraw  XE "Revise"     XE "Withdraw"  TRI Data?

Facilities that filed a Form R and/or Form A Certification under EPCRA 
XE "EPCRA"   § 313 may send their requests to EPA to withdraw the Form
R and/or Form A Certification submission(s) from EPA’s database (i.e.,
the Toxics Release Inventory System (TRIS)) and from the public version
of the database.

In order to have a submission removed from the TRI database, facilities
must send their request to EPA and the appropriate state agency, if
required. EPA may periodically review withdrawals. 

Facilities may request a withdrawal for one or several reasons, such as:

Manufacture, process, or otherwise use less than reporting threshold
quantities due to erroneous threshold calculations.  (WT1)

Did not meet employee threshold (WT2)

Not in covered NAICS Code (WT3)

Change Form A to Form R (WF1)

Change Form R to Form A (WF2)

Change metal report to metal compounds report (WF3)

Change metal compounds report to metal report  (WF4)

Change in EPA reporting requirements for this chemical. (WC1)

Chemical qualified for one of the EPCRA  XE "EPCRA"   § 313 exemptions
(WE1)

The chemical reported is not an EPCRA  XE "EPCRA"   § 313 reportable
chemical. (WC3)

The chemical reported is not in a form listed on the EPCRA  XE "EPCRA"  
§ 313 toxic chemical list (i.e., aerosol, fume or dust, fibrous form,
etc.). (WC4)

Activities involving the reported chemical do not meet the definition of
manufacturing, processing, or otherwise use. (WT4)

Incorrectly assumed otherwise use threshold instead of processing
threshold  (WT5)

The withdrawal code(s) should be entered in the “Withdrawal” box on
the first page of the reporting form.  You may enter up to two
withdrawal codes on the form.

Submitting a Withdrawal

If you have determined that your facility wishes to withdraw a TRI
submission, you must send your request to EPA and the appropriate State
agency.  For submitting a withdrawal to EPA, please use one of the
following methods:

1.    TRI-MEweb - The preferred method for requesting a withdrawal of a
previously submitted TRI form from Reporting Year 2005 through the
current year is TRI-MEweb.  There are several advantages to using
TRI-MEweb.  They are as follows: easily find the specific form that
needs to be withdrawn, electronic signature, which allows for a
paperless request, and instant confirmation that EPA has received your
request.  For more information regarding access to TRI-MEweb, please
visit   HYPERLINK "http://www.epa.gov/tri"  www.epa.gov/tri  or contact
the CDX Hotline at epacdx@csc.com or call toll free: 1-888-890-1995.

2.     Hard Copy Form - EPA strongly discourages paper submissions due
to the increased possibility of data entry errors.  However, you may
request withdrawals of submissions by hard copy as follows:

Photocopy of Original Submission - You may submit a photocopy of your
original submission (from your file) with the withdrawal request made in
blue ink.  Re-sign and re-date the certification statement on Page 1. 
Please enter an “X” in the box next to “Withdrawal (enter code)”
and enter the appropriate withdrawal code in the space provided on page
1 of the form.

	If you are submitting a withdrawal for a prior reporting year, please
provide a photocopy of your original submission (from your file) and
attach, as a cover page to the photocopy of the original submission,
page 1 of this year’s reporting form.  On this cover page 1 in blue
ink re-sign and re-date the certification statement, enter an “X” in
the box next to “Withdrawal (enter code)” and enter the appropriate
withdrawal code in the space provided. 

Where to Send Your Withdrawal Request

To send requests by regular mail:

TRI Data Processing Center

P.O. Box 1513

Lanham, MD 20703-1513

Attention: TRI Withdrawal Request

To send requests by certified mail or overnight mail (i.e. Fed Ex, UPS,
etc.):

TRI Data Processing Center

c/o Computer Sciences Corporation

Suite 150

8400 Corporate Drive

Landover, MD 20785-2294

Attention: TRI Withdrawal Request

301 429-5005

 These NAICS codes correspond to the Standard Industrial Classification
(SIC) codes included in the statutory requirement pursuant to sections
313 of EPCRA (42 U.S.C. 11001 et seq.) and section 6607 of the PPA (42
U.S.C. 11071 to 11079).

 Refer to Appendix A of this Supporting Statement for a blank Form A;
refer to Appendix A of the Form R Supporting Statement for a blank Form
R. For the full set of instructions and Forms, refer to:
http://www.epa.gov/tri/report/#forms.

 For specifics, refer to Appendix A: Blank Form A, and Appendix B:
Reporting Form Instructions Associated with Form Changes.

 The "Form Preparer" does not need to be the same individual as either
the "Technical Contact" or the individual who certifies and signs the
form, and the "Form Preparer" does not necessarily need to be someone at
the location of the reporting facility.

 The Office of Management and Budget publishes these OMB guidelines in
accordance with the Guidelines for Ensuring and Maximizing the Quality,
Objectivity, Utility, and Integrity of Information Disseminated by
Federal Agencies (Government-wide Guidelines) published in interim final
form by OMB in the Federal Register in Volume 66, No. 189 at 49718 on
Friday, September 28, 2001, and updated in final form in Volume 2, No.
67 at 8452 on February 22, 2002.

  For a complete chronology of Rule changes and ICR Renewals along with
resultant impact on Form R reporting burden, see Figure 1 and Table 18
of the Form R ICR Supporting Statement.

 The previous ICR period was 2006-2007. By the end of 2006, the TRI
Burden Reduction Rule was promulgated and the inventory was recalculated
at 3,344,292 hours  (no cost reported) due to shifts from Form R
reporting to Form A (decrease of Form R burden of 402,298 hours--see
Economic Analysis of the TRI Burden Reduction Rule, December 2006).
Please note that the recalculation of burden was estimated by
subtracting projected changes from the previous ICR inventory. This
calculation differs from the approach taken in the current ICR renewal
economic analyses. In the 2006 calculation, the base number of the
previous inventory was derived under different conditions (RY2002,
93,380 total forms) than the increments (RY2005, 89,312 total forms). In
this ICR renewal (and Form R/A Supporting Statements), FY2005 data are
used for baseline and increment estimates.  

 To access TRI Reporting Forms and Instructions, see
http://www.epa.gov/tri/report/#forms.

 A copy of the Form A Certification Statement is attached in Appendix A.
 To access TRI Reporting Forms and Instructions, see
http://www.epa.gov/tri/report/#forms.

 For specifics, refer to Appendix A: Blank Form A, and Appendix B:
Reporting Form Instructions Associated with Form Changes.

 The "Form Preparer" does not need to be the same individual as either
the "Technical Contact" or the individual who certifies and signs the
form, and the "Form Preparer" does not necessarily need to be someone at
the location of the reporting facility.

 Reporting instructions associated with the new data elements are
presented in Appendix B.

 Prior to the TRI Burden Reduction Rule, the Annual Reportable Amount
was defined as the sum of quantities reported in Form R sections
8.1-8.7; with implementation of TRI Burden Reduction Rule, the Annual
Reportable Amount was redefined to include the sum of quantities in
sections 8.1-8.8.  As a result, some facilities previously filing Form
As are expected to have to report on Form R instead.

 The methodology used in this ICR to estimate the number of forms and
facilities that would be affected by the TRI Burden Reduction Rule is
the same as the methodology used in the Economic Analysis (EA) of the
TRI Burden Reduction Rule.  Due to the difference in reporting years
used in each analysis, however, (RY2004 in the EA and RY2005 in the ICR)
the estimated number of forms and facilities affected by the TRI Burden
Reduction Rule differs between analyses.

 The methodology used to estimate incremental effects of new data
elements and revised instructions on burden is the same as the
methodology used to estimate burden reduction associated with of the TRI
Reporting Forms Modification Rule.

 For a complete chronology of Rule changes and ICR Renewals along with
resultant impact on Form R reporting burden, see Table18 of the Form R
ICR.

 The previous ICR period was 2006-2007. By the end of 2006, the TRI
Burden Reduction Rule was promulgated and the inventory was recalculated
at 3,344,292 hours  (no cost reported) due to shifts from Form R
reporting to Form A (decrease of Form R burden of 402,298 hours--see
Economic Analysis of the TRI Burden Reduction Rule, December 2006).
Please note that the recalculation of burden was estimated by
subtracting projected changes from the previous ICR inventory. This
calculation differs from the approach taken in the current ICR renewal
economic analyses. In the 2006 calculation, the base number of the
previous inventory was derived under different conditions (RY2002,
93,380 total forms) than the increments (RY2005, 89,312 total forms). In
this ICR renewal (and Form R/A Supporting Statements), FY2005 data are
used for baseline and increment estimates.  

 Facilities must also determine whether they are within a covered NAICS
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 NAICS codes with 10 or more employees is
already accounted for in the Form R ICR (see Form R ICR Supporting
Statement).

 Estimates here apply to Form A only; Form R already has a field for
Public Contact that is being modified to include email address. For Form
R, the burden associated with the corresponding change—adding an email
address— is assumed to be negligible.

 Employer Costs for Employee Compensation, Private industry workers,
Goods-producing industries, white-collar occupations, as published by
the U.S. Department of Labor, Bureau of Labor Statistics. The September
2006 values for these series are listed in Table 11 of the Employer
Costs for Employee Compensation Summary.

 The methodology used in this ICR to estimate the number of forms and
facilities that would be affected by the TRI Burden Reduction Rule is
the same as the methodology used in the Economic Analysis (EA) of the
TRI Burden Reduction Rule.  Due to the difference in reporting years
used in each analysis, however, (RY2004 in the EA and RY2005 in the ICR)
the estimated number of forms and facilities affected by the TRI Burden
Reduction Rule differs between analyses.

 Note that, in a limited number of cases, the TRI Burden Reduction rule
may require some facilities currently filing Form As to switch back to
Form Rs (see next section and next footnote).

 Prior to the TRI Burden Reduction Rule, the Annual Reportable Amount
was defined as the sum of quantities reported in Form R sections
8.1-8.7; with implementation of TRI Burden Reduction Rule, the Annual
Reportable Amount was redefined to include the sum of quantities in
sections 8.1-8.8.   Based on RY2005 TRI data, it is estimated that 35
facilities currently filing Form As on 47 chemicals would lose Form A
eligibility.  

 The previous ICR period was 2006-2007. By the end of 2006, the TRI
Burden Reduction Rule was promulgated and the inventory was recalculated
at  538,688 hours  (no cost reported) due to shifts from Form R
reporting to Form A (increase of Form A burden of 279,495 hours--see
Economic Analysis of the TRI Burden Reduction Rule, December 2006).
Please note that the recalculation of burden was estimated by adding
projected changes from the previous ICR inventory. This calculation
differs from the approach taken in ICR Supporting Statement economic
analyses because the base number of the previous inventory was derived
under different conditions (RY2002, 93,380 total forms)  than the
increments (RY2005, 89,312 total forms) that were added. 

										August 2005

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		Draft 7/05/07

July 2007

 PAGE   

		Draft 6/27/07

June 2007

October 2005

  PAGE  26 

  PAGE  35 

October 2005

11J   PAGE  1 

June2007

