THis ICR approves the change contained in the Section 425 of the Omnimus Appropriations Act of 2009. Specifically, this Act rescinds the December 2006 Toxic Release Inventory Burden Reduction Rule, and puts the reporting requirements with respect to the use of Form R and Form A back to what they were prior to promulgation of this rule. Accordingly, OMB is approving ICR change requests for both 2070-0093 (Form R) and 2070-0143 (Form A) as follows: The burden for the Form R is being increased by 458,983 hours to account for an estimated 13,675 additional chemical reports being filed using the Form R rather than the Form A. The burden for the Form A is being decreased by 318,418 hours to account for the same 13,675 reports no longer being filed using the Form A. Because multiple chemicals may be listed on the same Form A, EPA estiamtes that about 6,216 fewer Form As will be filed, with an aveage of about 2.2 chemicals per form. The net burden increase for the TRI program as a whole resulting from this change is 140,565 hours.
Inventory as of this Action
Requested
Previously Approved
03/31/2011
03/31/2011
03/31/2011
81,382
0
67,707
3,677,162
0
3,218,179
0
0
0
This ICR extends approval to collect information under the Emergency Planning and Community Right-to-Know Act (EPCAR) section 313 and section 6607 or the Pollution Prevention Act (PPA) of 1990. Respondents submit information concerning toxic chemical releases into the air, land and water.
US Code:
42 USC 11071
Name of Law: Pollution Prevention Act (PPA)
PL:
Pub.L. 111 - 8 425
Name of Law: Omnibus Appropriations Act, 2009
US Code:
42 USC 11001
Name of Law: Emergency Planning and Community Right-to-Know Act (EPCRA)
PL: Pub.L. 111 - 8 425 Name of Law: Omnibus Appropriations Act, 2009
On March 11, 2009, President Obama signed into law H.R. 1105, the "Omnibus Appropriations Act, 2009" (Public Law 111-8). This law includes the following language:
SEC. 425. TOXICS RELEASE INVENTORY REPORTING.
"Notwithstanding any other provision of law (1) none of the funds made available by this or any other Act may, hereafter, be used to implement the final rule promulgated by the Administrator of the Environmental Protection Agency entitled "The Toxics Release Inventory Burden Reduction Final Rule" (71 FR 76932); and (2) the final rule described in paragraph (1) shall have no force or effect. The affected regulatory text shall revert to what it was before the final rule described in paragraph (1) became effective, until any future action taken by the Administrator."
We are requesting OMB's approval of this revised TRI Form A, which includes revised text in Section 3, Certification, to reflect a reversal of the TRI Burden Reduction Final Rule. Also we are reinstating the forms and instructions to their pre-Burden Reduction Rule condition and we are reestimating the number of responses and burden hours for that condition for both Form A and Form R.
$12,110,000
No
No
Uncollected
Uncollected
No
Uncollected
Cassandra Vail 2025660753
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:
(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.
Form 9350-1 Toxic Chemical Release Reporting (Form R)
1363.18 Omnibus Change 3-24-09.doc
Toxic Chemical Release Reporting (Form R)