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
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)