Toxic Chemical Release Reporting (Renewal)

Forms and Documents

Document Name	Status
Form 9350-2 Toxic Chemical Release Reporting (Form A) Form	New
Form 9350-1 Toxic Chemical Release Reporting (Form R) Form	Modified
2613ss02.docx Supporting Statement A	2020-07-28

IC Document Collections

IC ID	Document Title	Status
242566	Toxic Chemical Release Reporting (Form A) Form	New
239142	Toxic Chemical Release Reporting (Form R) Form	Modified

ICR Details

OMB Control No: 2070-0212	ICR Reference No: 202007-2070-001
Status: Received in OIRA	Previous ICR Reference No: 202001-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2613.02
Title: Toxic Chemical Release Reporting (Renewal)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/31/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	76,534	500
Time Burden (Hours)	3,615,128	17,853
Cost Burden (Dollars)	0	0

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Abstract: Pursuant to section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA, 42 U.S.C. 11001 et seq.), 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, 42 U.S.C. 13101 et seq.), 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 ICR for TRI Reporting currently approved by OMB under OMB Control No. 2025-0009, with the currently approved version of this ICR covering the TRI Reporting of additional chemicals. Upon OMB approval of this ICR, EPA intends to discontinue OMB Control No. 2025-0009.

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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: US Code: 42 USC 11023 Name of Law: Emergency Planning and Community Right-to-Know Act (EPCRA)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 14483	03/12/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 46091	07/31/2020
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Toxic Chemical Release Reporting (Form R)	9350-1, 9350-3	Form R TRI ,   Form R Schedule 1
Toxic Chemical Release Reporting (Form A)	9350-2	Form A TRI

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ICR Summary of Burden

	Total Request	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	76,534	500	0	76,034	0	0
Annual Time Burden (Hours)	3,615,128	17,853	0	3,597,275	0	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: This ICR submittal merges the existing ICR (2025-0009, approved by OMB on October 15, 2018) into this ICR number (2070-0212), created to cover the expanded list of toxic chemicals subject to reporting under the NDAA for Fiscal Year 2020, to provide for a single control number. The burden levels already approved under the collections being consolidated in this ICR remain unchanged.

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Annual Cost to Federal Government: $4,680,948

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

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Common Form ICR:  No

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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: 07/31/2020

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