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)

Forms and Documents

Document Name	Status
Form 9350-1 Toxic Chemical Release Reporting Form R Form and Instruction	Modified
2724ss02.docx Supporting Statement A	2023-11-02
2724.02 TRI-MEweb Screenshots_FormR.docx Supplementary Document	2023-10-31

IC Document Collections

IC ID	Document Title	Status
263158	Non-Form Burden (Supplier Notification)	New
257266	Toxic Chemical Release Reporting Form R Form and Instruction	Modified

ICR Details

OMB Control No: 2070-0225	ICR Reference No: 202310-2070-003
Status: Received in OIRA	Previous ICR Reference No: 202212-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2724.02
Title: 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)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/02/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	2,575	0
Time Burden (Hours)	111,766	0
Cost Burden (Dollars)	0	0

---

Abstract: This ICR addresses the information collection activities that are contained in the proposed rule to change the reporting requirements for per- and polyfluoroalkyl substances (PFAS) under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. section 11023, commonly known as the Toxics Release Inventory (TRI). Estimated burden and costs associated with the proposed rule are incremental to existing reporting burden for the TRI Program overall, as documented in the TRI Form R and Form A Toxic Chemical Release Reporting ICR (OMB Control Number: 2070-0212)

---

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

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK97	Final or interim final rulemaking	88 FR 74360	10/31/2023

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

---

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

IC Title	Form No.	Form Name
Non-Form Burden (Supplier Notification)
Toxic Chemical Release Reporting Form R	9350-1	Form R

---

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	2,575	0	0	2,575	0	0
Annual Time Burden (Hours)	111,766	0	0	111,766	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: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This collection adds certain PFAS subject to reporting under section 313 of EPCRA and section 6607 of the PPA to the list of chemicals of special concern. The addition of the PFAS to the list of chemicals of special concern will eliminate the use of the de minimis exemption, eliminate the option to use Form A, and will limit the use of range reporting. In addition, EPA is eliminating the use of the de minimis exemption under the Supplier Notification Requirements for facilities that manufacture or process all chemicals included on the list of Chemicals of Special Concern. Therefore, industry is estimated to incur between approximately 60,153 and 164,526 burden hours in the first year and between approximately 35,684 and 85,386 hours in the steady state.

---

Annual Cost to Federal Government: $15,159

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

---

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: 11/02/2023

---