View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2070-0212
ICR Reference No:
202411-2070-003
Status:
Historical Active
Previous ICR Reference No:
202401-2070-002
Agency/Subagency:
EPA/OCSPP
Agency Tracking No:
2613.07
Title:
Toxic Chemical Release Reporting (Revision/Consolidation)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
12/31/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/27/2024
Terms of Clearance:
In accordance with 5 CFR 1320, the information collection is approved for three years.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2027
36 Months From Approved
06/30/2025
Responses
84,291
0
76,579
Time Burden (Hours)
3,842,288
0
3,616,828
Cost Burden (Dollars)
0
0
0
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 as provided in 40 CFR 372.25 must submit annually to EPA and to their designated state or Indian country officials toxic chemical release forms containing information specified by EPA; (see 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 the above criteria to report annually. This ICR consolidates the following final rule ICRs titled Rule-Related ICR Amendment; Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances; Community Right-to-Know Toxic Chemical Release Reporting, Final Rule (RIN 2070-AK97) (OMB Control No. 2070-0225; EPA ICR No. 2724.02), Addition of Natural Gas Processing Facilities to the Toxics Release Inventory (TRI) (Final Rule) (OMB Control No. 2070-0206; EPA ICR No. 2560.02); and Parent Company Definition for TRI Reporting (Final Rule) (OMB Control No. 2070-0216; EPA ICR No. 2597.02) into this renewal ICR. Upon OMB approval of this ICR, EPA intends to discontinue OMB Control Nos. 20700225, 2070-0206, and 2070-0216.
Authorizing Statute(s):
US Code:
42 USC 11023
Name of Law: Emergency Planning and Community Right-to-Know Act (EPCRA)
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
89 FR 76470
09/18/2024
30-day Notice:
Federal Register Citation:
Citation Date:
89 FR 93581
11/27/2024
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Non-Form Burden
Toxic Chemical Release Reporting (Form A)
9350-2
Form A
Toxic Chemical Release Reporting (Form R)
9350-3, 9350-1
Form R
,
Form R_Schedule 1
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
84,291
76,579
0
45
7,667
0
Annual Time Burden (Hours)
3,842,288
3,616,828
0
15,141
210,319
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Since OMB’s approval of the last ICR renewal, there was an overall average increase of 5,667 Form Rs, and an increase of 2,044 Form As, as estimated to be submitted to EPA. The basis for the estimates is derived from the 2022 ICR with updates to reflect additional reporting due to the Addition of Certain Chemicals to the TRI, Addition of Diisononyl Phthalate Category to the TRI, Changes to Reporting Requirement for Per-and Polyfluoroalkyl Substances and to Supplier Notification for Chemicals of Special Concern, the Addition of Natural Gas Processing Facilities to the TRI, as well as the additional forms resulting from the NDAA adding certain PFAS. This ICR renewal also includes incremental changes as a result of amendments to the TRI program. For example, EPA exercised its discretionary authority to apply TRI reporting requirements to 29 particular facilities, for specified chemicals as well as applying the chemicals of special concern designation to PFAS added pursuant to the National Defense Authorization Act for Fiscal Year 2020. There was also an increase of 13,442 non-form (constant) burden hours from the current approved ICR; this increase reflects the increase in supplier notification burden as a result of the Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern final rule published on October 31, 2023 (88 FR 74360). There is considerable overlap in the burden hours and estimated number of respondents for following rules and related ICRs that are being consolidated into this ICR.
Annual Cost to Federal Government:
$3,605,419
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Angela Hofmann 202 260-2922 hofmann.angela@epamail.epa.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
11/27/2024
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