Notice2021-24788
Agency Information Collection Activities; Proposed Revisions to an Existing Collection, Toxic Chemical Release Reporting; Comment Request
Primary source
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Published
November 15, 2021
Issuing agencies
Environmental Protection Agency
Abstract
In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB): "Toxic Chemical Release Reporting (Revision)" and identified by ICR No. 2613.04 and OMB Control No. 2070-0212. This ICR is a revision to an existing ICR that is scheduled to expire on March 31, 2024. The existing ICR is being revised ahead of schedule to include potential reporting requirements that may result from EPA's use of other authority under the Emergency Planning and Community Right-to- Know Act (EPCRA) that is not specifically covered by the existing ICR. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.
Full Text
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<title>Federal Register, Volume 86 Issue 217 (Monday, November 15, 2021)</title>
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[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63025-63026]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24788]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2020-0078; FRL-9169-01-OCSPP]
Agency Information Collection Activities; Proposed Revisions to
an Existing Collection, Toxic Chemical Release Reporting; Comment
Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit the following
Information Collection Request (ICR) to the Office of Management and
Budget (OMB): ``Toxic Chemical Release Reporting (Revision)'' and
identified by ICR No. 2613.04 and OMB Control No. 2070-0212. This ICR
is a revision to an existing ICR that is scheduled to expire on March
31, 2024. The existing ICR is being revised ahead of schedule to
include potential reporting requirements that may result from EPA's use
of other authority under the Emergency Planning and Community Right-to-
Know Act (EPCRA) that is not specifically covered by the existing ICR.
Before submitting the ICR to OMB for review and approval under the PRA,
EPA is soliciting comments on specific aspects of the proposed
information collection that is summarized in this document. The ICR and
accompanying material are available in the docket for public review and
comment.
DATES: Comments must be received on or before January 14, 2022.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0078, using the Federal eRulemaking Portal
at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for
submitting comments. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) is by appointment only. For the latest status
information on EPA/DC and docket access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Stephanie Griffin (7410M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-1463; email address: <a href="/cdn-cgi/l/email-protection#fb9c89929d9d9295d5888f9e8b939a95929ebb9e8b9ad59c948d"><span class="__cf_email__" data-cfemail="1770657e71717e7939646372677f76797e725772677639707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. What information is EPA particularly interested in?
Pursuant to PRA section 3506(c)(2)(A), 44 U.S.C. 3506(c)(2)(A), EPA
specifically solicits comments and information to enable it to:
1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
3. Enhance the quality, utility, and clarity of the information to
be collected.
4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.
II. What information collection activity or ICR does this action apply
to?
Title: Toxic Chemical Release Reporting (Revision).
ICR number: 2316.04.
OMB control number: 2070-0212.
ICR status: The existing ICR is currently scheduled to expire on
March 31, 2024. An Agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information, unless it
displays a currently valid OMB control number. The OMB control numbers
for EPA's regulations in title 40 of the Code of Federal Regulations
(CFR), after appearing in the Federal Register when approved, are
listed in 40 CFR part 9, are displayed either by publication in the
Federal Register or by other appropriate means, such as on the related
collection instrument or form, if applicable. The display of OMB
control numbers for certain EPA regulations is consolidated in 40 CFR
part 9.
Abstract: Pursuant to section 313 of the Emergency Planning and
Community Right-to-Know Act (EPCRA), 42 U.S.C. 11001 et seq., certain
facilities that manufacture, process, or otherwise use specified toxic
chemicals in amounts above reporting threshold levels as provided in 40
CFR 372.25 must submit annually to EPA reporting forms to the Toxics
Release Inventory (TRI). The revisions to this ICR covers the
information collection activities associated with the submission of
information to TRI pursuant to EPCRA section 313(b)(2), 42 U.S.C.
11023. Under EPCRA section 313(b)(2), the EPA Administrator has the
authority to extend TRI reporting requirements to specific facilities
that manufacture, process, or otherwise use a TRI-listed toxic
chemical, but who are not covered by TRI reporting requirements as
described at 40 CFR 372. The Administrator may determine a specific
facility warrants TRI reporting on the basis of a chemical's toxicity,
the facility's proximity to other facilities that release the chemical
or to population centers, the facility's history of releases of the
chemical, or other factors that the Administrator deems appropriate.
This ICR revision includes discussion of EPA's discretionary authority
under EPCRA section
[[Page 63026]]
313(b)(2) and outreach to potential stakeholders.
Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is 3,615,128 hours. EPA
estimates that it will take submitters 35.7 hours to submit a Form R
for one chemical and 21.96 hours to submit a Form A for one chemical.
Burden is defined in 5 CFR 1320.3(b).
The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
Respondents/Affected Entities: Regulations at 40 CFR part 372,
subpart B, require facilities that meet all the following criteria to
report: The facility has 10 or more full-time employee equivalents
(i.e., a total of 20,000 hours worked per year or greater; see 40 CFR
372.3); the facility is included in a North American Industry
Classification System (NAICS) Code listed at 40 CFR 372.23 or under
Executive Order 13148, Federal facilities regardless of their industry
classification; and the facility manufactures (defined to include
importing), processes, or otherwise uses any EPCRA section 313 (TRI)
chemical in quantities greater than the established thresholds for the
specific chemical in the course of a calendar year. Additionally, EPA
may exercise its discretionary authority under EPCRA section 313(b)(2)
to extend TRI reporting obligations to a facility, even if the facility
does not meet the criteria for full-time employees or NAICS codes.
Respondent's obligation to respond: Mandatory, 40 CFR 372.
Estimated total number of potential respondents: 76,534.
Frequency of response: Annual.
Estimated total annual burden hours: 3,615,128 hours (per year).
Burden is defined at 5 CFR 1320.3(b).
Estimated total annual costs: $200,205,764 (per year), includes $0
annualized capital or operation & maintenance costs.
III. Are there changes in the estimates from the last approval?
This ICR revision reflects an increase of 3 burden hours per
facility in non-reporting burden from the ICR currently approved by OMB
and this ICR. This increase reflects the review of the notification and
preparation of responses stakeholders may engage in upon receipt of the
Agency's notification of its potential application of the discretionary
authority under EPCRA section 313(b)(2) to specific facilities. This
increase is categorized as a program change.
IV. What is the next step in the process for this ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Authority: 44 U.S.C. 3501 et seq.
Dated: October 27, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2021-24788 Filed 11-12-21; 8:45 am]
BILLING CODE 6560-50-P
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