[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Notices]
[Pages 40862-40865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19272]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-00275; FRL-6091-4]
Toxic Chemical Release Reporting; Request for Comment on Renewal
Information Collection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), EPA is seeking public comment and information on
the following Information Collection Request (ICR): Toxic Chemical
Release Reporting (EPA ICR No. 1363.07, OMB No. 2070-0093). This ICR
involves a collection activity that is currently approved and scheduled
to expire on April 30, 2000. The ICR describes the nature of the
information collection activity and its expected burden and costs.
Before submitting this ICR to the Office of Management and Budget (OMB)
for review and approval under the PRA, EPA is soliciting comments on
specific aspects of the collection.
DATES: Written comments, identified by the docket control number
``OPPTS-00275'' and administrative record number 214, must be received
on or before September 27, 1999.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit III. of the ``SUPPLEMENTARY INFORMATION'' section of
this notice.
FOR FURTHER INFORMATION CONTACT: For general information contact:
Christine M. Augustyniak, Associate Director, Environmental Assistance
Division (7408), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460,
Telephone: 202-554-1404; TDD: 202-554-0551; e-mail: TSCA-
Hotline@epa.gov. For technical information contact: Amy Newman,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460, Telephone: 202-260-1846; Fax: 202-401-8142; e-
mail: newman.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does This Notice Apply to Me?
You may be potentially affected by this notice if you own or
operate certain facilities that manufacture, process, or otherwise use
certain specified toxic chemicals and chemical categories and are
required under section 313 of the Emergency Planning and Community
Right-to-Know Act (EPCRA) to report annually on the environmental
releases and transfers of and waste management activities for such
chemicals. Potentially affected categories and entities may include,
but are not limited to the following:
------------------------------------------------------------------------
Standard Industrial
Type of Business Classification (SIC) Code
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Metal mining 10 (except 1011, 1081, and
1094)
Coal mining 12 (except 1241)
Food 20
Tobacco 21
Textiles 22
Apparel 23
Lumber and wood 24
Furniture 25
Paper 26
Printing/publishing 27
Chemicals 28
Petroleum 29
Rubber and plastics 30
Leather 31
Stone, clay, and glass 32
Primary metals 33
Fabricated metals 34
Machinery (except electrical) 35
Electrical/electronic equipment 36
Transportation equipment 37
Instruments 38
Miscellaneous manufacturing 39
Electric utilities (limited to facilities 4911, 4931, and 4939
that combust coal and/or oil for the
purpose of generating electricity for
distribution in commerce)
Commercial hazardous waste treatment 4953
(limited to facilities regulated under
the Resource Conservation and Recovery
Act (RCRA) Subtitle C, 42 U.S.C. section
6921 et seq.)
Chemical allied products-wholesale 5169
Petroleum bulk terminals and plants- 5171
wholesale
Solvent recovery services (limited to 7389
facilities primarily engaged in solvents
recovery)
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This table is not intended to be exhaustive but rather provides a
guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this table could also be
affected. To determine whether you or your business is affected by this
action, you should carefully examine the applicability provisions at 40
CFR part 372 and in section 3(a) of the Supporting Statement of the
information collection. If you have any questions regarding the
applicability of this action to a particular entity, consult the
technical person listed in the ``FOR FURTHER INFORMATION CONTACT''
section.
II. How Can I Get Additional Information or Copies of This Document
or Other Support Documents?
A. Electronic Availability
Electronic copies of this ICR are available from the EPA website at
the ``Federal Register-Environmental Documents'' entry for this
document under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/).
You can follow the menu to find this Federal Register notice using the
publication date or the
[[Page 40863]]
Federal Register citation for this notice. Although a copy of the ICR
is posted with the Federal Register notice, you can also access a copy
of the ICR by going directly to http://www.epa.gov/icr. You can then
follow the menu to locate this ICR by the EPA ICR number, the OMB
control number, or the title of the ICR.
B. Fax-on-Demand
You may request to receive a faxed copy of the ICR by using a
faxphone to call 202-401-0527 and selecting item 4068. You may also
follow the automated menu.
C. In Person or By Phone
If you have any questions or need additional information about this
notice or the ICR referenced, please contact the person identified in
the ``FOR FURTHER INFORMATION CONTACT'' section.
In addition, the official record for this notice, including the
public version, has been established under docket control number
``OPPTS-00275'' (including comments and data submitted electronically
as described below). A public version of this record, including
printed, paper versions of any electronic comments, which does not
include any information claimed as Confidential Business Information
(CBI), is available for inspection in the TSCA Nonconfidential
Information Center, Rm. NE B-607, 401 M St., SW., Washington, DC. The
Center is open from 12 noon to 4 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the Center is 202- 260-7099.
III. How Can I Respond to This Notice?
A. How and to Whom Do I Submit the Comments?
You may submit comments through the mail, in person, or
electronically. Be sure to identify the appropriate docket control
number ``OPPTS-00275'' and administrative record number 214 in your
correspondence.
1. By mail. Submit written comments to: Document Control Office
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460.
2. In person or by courier. Deliver written comments to: Document
Control Office in Rm. G-099, Waterside Mall, 401 M St., SW.,
Washington, DC, Telephone: 202-260-7093.
3. Electronically. Submit your comments and/or data electronically
by e-mail to: oppt.ncic@epa.gov. Please note that you should not submit
any information electronically that you consider to be CBI. Electronic
comments must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comment and data will also be
accepted on standard computer disks in WordPerfect 5.1/6.1 or ASCII
file format. All comments and data in electronic form must be
identified by the docket control number ``OPPTS-00275'' and
administrative record number 214. Electronic comments on this notice
may also be filed online at many Federal Depository Libraries.
B. How Should I Handle CBI Information That I Want to Submit to the
Agency?
You may claim information that you submit in response to this
notice as CBI by marking any part or all of that information as CBI.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. A copy of the comment that does
not contain CBI must also be submitted for inclusion in the public
record. Information not marked confidential will be included in the
public docket by EPA without prior notice. If you have any questions
about CBI or the procedures for claiming CBI, please consult with the
technical person, listed in the ``FOR FURTHER INFORMATION CONTACT''
section.
C. What Information is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(a) of the PRA, EPA specifically
solicits comments and information to enable it to:
1. Evaluate whether the proposed collections of information are
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 burdens
of the proposed collections of information.
3. Enhance the quality, utility, and clarity of the information to
be collected.
4. Minimize the burden of the collections of information on those
who are to respond, including through the use of appropriate automated
or electronic collection technologies or other forms of information
technology, e.g., permitting electronic submission of responses.
In addition, EPA is requesting comment on two minor changes to
Reporting Form R in this ICR. The first change is to section 4.5 of the
form, which requests that facilities identify their SIC code. EPA is
proposing to add the term ``primary'' in the first SIC code box in
order to make clear that the first SIC code entered should be the
facility's primary SIC code. The Form R instructions directs reporters
to enter the primary SIC code first, but this is not clear on the form
itself. EPA has found that many facilities do not enter their primary
SIC code first even though they are so directed in the instructions.
This change should help rectify that problem and enable the Agency to
conduct more accurate analyses on an industry sector-specific basis.
The second proposed change is in Section 7A of the Form R: On-site
waste treatment methods and efficiency. In order to eliminate the need
for facilities to repeat the section 7 data for every waste stream, EPA
is proposing to add a column f which asks, ``How many individual waste
streams does this apply to?'' This should slightly reduce the burden of
reporting, particularly for the treatment, storage, and disposal
facilities.
D. What Should I Consider When I Prepare My Comments for EPA?
We invite you to provide your views on the various options we
propose, new approaches we haven't considered, the potential impacts of
the various options (including possible unintended consequences), and
any data or information that you would like the Agency to consider
during the development of the final action. You may find the following
suggestions helpful for preparing your comments:
Explain your views as clearly as possible.
Describe any assumptions that you used.
Provide solid technical information and/or data to support
your views.
If you estimate potential burden or costs, explain how you
arrived at the estimate.
Provide specific examples to illustrate your concerns.
Offer alternative ways to improve the rule or collection
activity.
Make sure to submit your comments by the deadline in this
notice.
At the beginning of your comments (e.g., as part of the
``Subject'' heading), be sure to properly identify the document on
which you are commenting. You can do this by providing the docket
control number assigned to the notice, along with the name, date, and
Federal Register citation, or by using the appropriate EPA or OMB ICR
number.
[[Page 40864]]
IV. To What Information Collection Activity or ICR Does This Notice
Apply?
EPA is seeking comments on the following ICR:
Title: Toxic Chemical Release Reporting.
ICR numbers: EPA ICR No. 1363.07, OMB No. 2070-0093.
ICR status: This ICR is currently scheduled to expire on April 30,
2000. 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
information collections appear on the collection instruments or
instructions, in the Federal Register notices for related rulemakings
and ICR notices, and, if the collection is contained in a regulation,
in a table of OMB approval numbers in 40 CFR part 9.
Abstract: EPCRA section 313 requires owners or operators of certain
facilities that manufacture, process, or otherwise use any of over 600
listed toxic chemicals and chemical categories in excess of applicable
threshold quantities to report annually to the Environmental Protection
Agency and to the states in which such facilities are located on their
environmental releases and transfers of and waste management activities
for such chemicals. In addition, section 6607 of the Pollution
Prevention Act (PPA) requires that facilities provide information on
the quantities of the toxic chemicals in waste streams and the efforts
made to reduce or eliminate those quantities.
Annual reporting under EPCRA section 313 of toxic chemical releases
and other waste management information provides citizens with a more
complete picture of the total disposition of chemicals in their
communities and helps focus industries' attention on pollution
prevention and source reduction opportunities. EPA believes that the
public has a right to know about the disposition of chemicals within
communities and the management of such chemicals by facilities in
industries subject to EPCRA section 313 reporting. This reporting has
been successful in providing communities with important information
regarding the disposition of toxic chemicals and other waste management
information on toxic chemicals from manufacturing facilities in their
areas.
EPA collects, processes, and makes available to the public all of
the information collected. The information gathered under these
authorities is stored in a database maintained at EPA and is available
through the Internet. This information, commonly known as the Toxics
Release Inventory (TRI), is used extensively by both EPA and the public
sector. Program offices within EPA use TRI data, along with other
sources of data, to establish priorities, evaluate potential exposure
scenarios, and undertake enforcement activities. Environmental and
public interest groups use the data in studies and reports, making the
public more aware of releases of chemicals in their communities.
Comprehensive publicly-available data about releases, transfers,
and other waste management activities of toxic chemicals at the
community level are generally not available, other than under the
reporting requirements of EPCRA section 313. Permit data are often
difficult to obtain, are not cross-media and present only a limited
perspective on a facility's overall performance. With TRI, and the real
gains in understanding it has produced, communities and governments
know what toxic chemicals industrial facilities in their area release,
transfer, or otherwise manage as waste. In addition, industries have an
additional tool for evaluating efficiency and progress on their
pollution prevention goals.
Responses to the collection of information are mandatory (see 40
CFR part 372). Respondents may claim all or part of a notice
confidential. EPA will disclose information that is covered by a claim
of confidentiality only to the extent permitted by, and in accordance
with, the procedures in TSCA section 14 and 40 CFR part 2.
V. What are EPA's Burden and Cost Estimates for This ICR?
Under the PRA, ``burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal Agency. For this
collection it 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.
The ICR provides a detailed explanation of this estimate, which is
only briefly summarized in this notice. The annual public burden for
this collection of information is estimated to average 52.1 hours per
response. The following is a summary of the estimates taken from the
ICR:
Respondents/affected entities: Entities potentially affected by
this action are owners or operators of certain facilities that
manufacture, process, or otherwise use certain specified toxic
chemicals and chemical categories and are required to report annually
on the environmental releases and transfers of waste management
activities for such chemicals.
Estimated total number of potential respondents: 25,159.
Frequency of response: Annual.
Estimated total/average number of responses for each respondent: 4
(average).
Estimated total annual burden hours: 6,133,055 hours.
Estimated total annual burden costs: $417.1 million.
VI. Are There Changes in the Estimates from the Last Approval?
The major change from the information collection most recently
approved by OMB is a significant decrease in the estimated burden hours
to respondents, from an estimated annual total burden of 7,340,524
hours currently approved to an average annual total burden of 6,133,055
hours in this request. This decrease reflects two different
adjustments. One, EPA has revised downward its estimates of the number
of respondents reporting annually under this information collection,
based on experience since the last approval of this collection. Two,
EPA has also revised downward the unit burden hour cost for certain
facilities that were required for the first time to report due to
amendments to the TRI reporting rule, as of the time of the most recent
approval of this collection. The burden of complying with TRI reporting
is higher in the first year than in subsequent years. The first year of
reporting for these facilities was covered by the currently approved
ICR. This request covers subsequent year reporting, so the burden for
these facilities reflects a decrease from the first year burden hour
estimates.
VII. 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 notice pursuant to 5 CFR
[[Page 40865]]
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 in the ``FOR FURTHER INFORMATION CONTACT'' section.
List of Subjects
Environmental protection, Information collection requests,
Reporting and recordkeeping requirements.
Dated: July 13, 1999.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 99-19272 Filed 7-27-99; 8:45 am]
BILLING CODE 6560-50-F
