
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24702-24703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11086]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-TRI-2017-0057; FRL-9961-07]


Agency Information Collection Activities; Proposed Renewal of an 
Existing Collection; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit an Information 
Collection Request (ICR) to the Office of Management and Budget (OMB). 
The ICR, entitled: ``Toxic Chemical Release Reporting and Renewals of 
Form R, Form A, and Form R Schedule 1'' and identified by EPA ICR No. 
1363.26 and OMB Control No. 2025-0009, represents the renewal of an 
existing ICR that is scheduled to expire on November 30, 2017. Before 
submitting the ICR to OMB for review and approval, EPA is soliciting 
comments on specific aspects of the proposed information collection 
that is summarized in this document. The ICR and accompanying material 
are available in the docket for public review and comment.

DATES: Comments must be received on or before July 31, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-TRI-2017-0057, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Cassandra Vail, Toxics Release Inventory Program Division (7410M), 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; 
telephone number: (202) 566-0753; email address: 
vail.cassandra@epa.gov.
    For general information contact: The Emergency Planning and 
Community Right-to-Know Act (EPCRA) Hotline; telephone numbers: Toll 
free at (800) 424-9346 (select menu option 3) or (703) 412-9810 in the 
Washington, DC area and international; or toll free, TDD (800) 553-
7672; or go to http://www.epa.gov/superfund/contacts/infocenter.

SUPPLEMENTARY INFORMATION: 

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

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

    Title: Toxic Chemical Release Reporting and Renewals of Form R, 
Form A, and Form R Schedule 1.
    ICR number: EPA ICR No. 1363.26.
    OMB control number: OMB Control No. 2025-0009.
    ICR status: This ICR is currently scheduled to expire on November 
30, 2017. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information, unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the Code of Federal Regulations (CFR), after 
appearing in the Federal Register when approved, are listed in 40 CFR 
part 9, are displayed either by publication in the Federal Register or 
by other appropriate means, such as on the related collection 
instrument or form, if applicable. The display of OMB control numbers 
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: Pursuant to section 313 of the Emergency Planning and 
Community Right-to-Know Act (EPCRA), certain facilities that 
manufacture, process, or otherwise use specified toxic chemicals in 
amounts above reporting threshold levels must submit annually to EPA 
and to designated State or Tribal officials toxic chemical release 
forms containing information specified by EPA. 42 U.S.C. 11023. In 
addition, pursuant to section 6607 of the Pollution Prevention Act 
(PPA), facilities reporting under section 313 of EPCRA must also report 
pollution prevention and waste management data, including recycling 
information, for such chemicals; see 42 U.S.C. 13106. EPA compiles and 
stores these reports in a publicly accessible database known as the 
Toxics Release Inventory (TRI). Regulations at 40 CFR part 372, subpart 
B, require facilities that meet all of the following criteria to 
report:
    1. The facility has 10 or more fulltime employee equivalents (i.e., 
a total of 20,000 hours worked per year or greater; see 40 CFR 372.3); 
and
    2. The facility is included in a North American Industry 
Classification System (NAICS) Code listed at 40 CFR 372.23 or under 
Executive Order 13693, federal facilities regardless of their industry 
classification; and
    3. The facility manufactures (defined to include importing), 
processes, or otherwise uses any EPCRA section 313 (TRI) chemical in 
quantities greater than the established thresholds for the specific 
chemical in the course of a calendar year.
    Facilities that meet these criteria must file a Form R report or, 
in some cases, may submit a Form A Certification Statement, for each 
listed toxic chemical for which the criteria are met. As specified in 
EPCRA section 313(a), facilities must submit reports for any calendar 
year on or before July 1 of the following year. For example, reporting 
year 2015 data should have been submitted and certified on or before 
July 1, 2016.
    EPA maintains the list of toxic chemicals subject to TRI reporting 
at 40 CFR 372.65 and the Agency publishes this list each year as Table 
II in the

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Toxics Release Inventory Reporting Forms and Instructions. The current 
TRI chemical list contains 595 chemicals and 31 chemical categories. 
Environmental agencies, industry, and the public use TRI data for a 
wide variety of purposes. EPA program offices use TRI data, along with 
other data, to help establish programmatic priorities, evaluate 
potential hazards to human health and the natural environment, and 
undertake appropriate regulatory and/or enforcement activities. 
Environmental and public interest groups use the data to better 
understand toxic chemical releases at the community level and to work 
with industry, government agencies, and others to promote reductions in 
toxic chemical releases. Industrial facilities use the TRI data to 
evaluate the efficiency of their production processes and to help track 
and communicate their progress in achieving pollution prevention goals.
    The TRI data are unique in providing a multi-media (air, water, and 
land) picture of toxic chemical releases, transfers, and other waste 
management activities by covered facilities on a yearly basis. While 
other environmental media programs provide some toxic chemical data and 
related permit data, TRI data are unique with regard to the types of 
chemicals and industry sectors covered as well as the frequency of 
reporting. Facilities subject to TRI reporting must submit reports for 
each calendar year to EPA and the State or Indian Country in which they 
are located by July 1 of the following year.
    Respondents may claim trade secrecy for a chemical's identity as 
described in EPCRA Section 322 and its implementing regulations in 40 
CFR part 350. EPA will disclose information covered by a claim of trade 
secrecy only to the extent permitted by and in accordance with the 
procedures in 40 CFR part 350 and 40 CFR part 2).
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to range between 
22.0 hours and 35.7 hours per response, depending upon the nature of 
the response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by 
this ICR are facilities that submit annual reports under section 313 of 
EPCRA and section 6607 of PPA.
    Estimated total number of potential respondents: 21,856.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 
3.5.
    Estimated total annual burden hours: 3,597,275 hours.
    Estimated total annual costs: $199,217,090. This includes an 
estimated burden cost of $199,217,090 and an estimated cost of $0 for 
capital investment or maintenance and operational costs.

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

    There is an increase of 41,277 hours (from 3,555,998 hours to 
3,597,275 hours) in the total estimated respondent burden compared with 
that identified in the ICR currently approved by OMB. This increase 
reflects a slight increase in the number of facilities reporting to 
TRI. This change is an adjustment.

IV. What changes does this ICR propose?

    OMB approved the ICR for Form R, the Form A Certification 
Statement, and Form R Schedule 1 on November 24, 2014, with the 
expiration date of November 30, 2017. EPA proposes making several 
changes to the TRI reporting forms and associated instructions. These 
revisions are aimed at improving the user experience by clarifying the 
intent of questions.
    1. Provide Bureau of Indian Affairs (BIA) code as a separate 
element on the form. (Part I: Section 4.1)
    2. When reporting a metal compound, indicate whether report also 
includes the elemental metal. (Part II: Section 1)
    3. Add sub-categories of uses. (Part II: Sections 3.2a, b and 
Sections 3.3a, b, c)
    4. Add finer gradation for range codes used for Maximum Amount of 
the EPCRA Section 313 Chemical On-site at Any Time during the Calendar 
Year. (Part II: Section 4)
    5. Add management codes for the transfer of waste to POTWs. (Part 
II: Section 6.1)
    6. Separate 8.8 into separate boxes for quantities associated with 
(1) remedial actions, (2) catastrophic events, and (3) one-time events 
not associated with production processes. (Part II: Section 8.8)
    7. When reporting an air release of chromium, indicate whether the 
release contains Chromium-VI (hexavalent chromium). (Part II: Section 
9.1)
    8. Add a free text field for each chemical listed on Form A. (Part 
II: Section 3)
    9. Add a free text field for facility-level info on Form A. (Part 
III: Section 1.1)

V. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to 
announce the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the technical person listed under 
FOR FURTHER INFORMATION CONTACT.

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

    Dated: April 14, 2017.
Wendy C. Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2017-11086 Filed 5-26-17; 8:45 am]
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