This collection of information is not approved. It is not clear from the Agency's justification that the data will have sufficient practical utility to warrant the burden associated with its collection. In addition, the Agency needs to evaluate alternative data sources and the extent to which the proposed data collection is duplicative (in part or in whole) of existing data collections. Identified below are the kinds of concerns we have as to practical utility, excessive burden, and unecessary duplication (1) EPA needs to examine and justify the utility of collecting data from facilities involved in the extraction of coal and metals such as the inclusion of reporting for wastes contained in mining "overburden" for metals mining. It is not clear that this data would inform the pulic of releases to the environment in a way that is comparable to other data submitted under this program. (2) EPA needs to examine and justify whether the volume and quality of data they expect to receive from the chmical and allied products facilities and petroleum bulk stations warrant the substantial burden associated with the addition of these categories to the list of industries required to file reports under this program. For example, according to EPA estimates of the burden associated with this ICR, 2801 facilities will incur the costs associated with rule familiarization and compliance determiniation while only 782 of these facilities are actually expected to submit any information to EPA or the public. (3) This ICR could be interpreted to require commercial hazardous waste treatment facilities that are licensed under subtitle C of RCRA to report their "releases to the environment," including the placement of these hazardous wastes for disposal in these licensed landfill facilities. Given that these facilites are designed, pursuant to EPA regulation, to prevent releases to the environment, this reporting requirement appears to have limited practical utility. In addition, much of the data that would be provided on the activities is already reported through the RCRA biennial report, as required by RCRA. (4) In addition to these specific concerns, the EPA needs to respond to the information collection concerns raised in the public comments submitted during teh course of the comment period of the proposed rule associated with this ICR. Although the NPRM associated with this ICR published on June 27, 1996, stated that "The information collection requirements in this proposed rule, as well as From R have been submittted for approval to OMB...," the Form R was not submitted as a part of this ICR. This action, therefore, only applies to the ICR associated with the expansion of the list of industries covered by TRI. The underlying Form R (2070-0093) needs to be submitted to OMB for review on or before publication of the final rule associated with this ICR to avoid a lapse in approval, and a triggering of the public protection provisions of 44 U.S.C. 3512.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
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0
0
0
0
0
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This ICR accompanies the proposed rule to add seven industry groups to the list of industry groups subject to reporting requirements under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 and section 6607 of the Pollution Prevention Act of 1990. The industry groups are metal mining, coal mining, electric utilities, commercial hazardous waste treatment, chemicals and allied products--wholesale, petroleum bulk terminals--wholesale, and solvent recovery services.
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:
(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;
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.
Addition of Facilities in Certain Industry Sectors, Toxic Chemical Release Reporting, Community Right-to-Know