Addition of Certain Per-and Polyfluoroalkyl Substances; Toxic Chemical Release (Proposed Rule)

Forms and Documents

Document Name	Status
Form 9350-2 Form R Form and Instruction	New
2796ss01.docx Supporting Statement A	2024-10-08

IC Document Collections

IC ID	Document Title	Status
271474	Form R Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202410-2070-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2796.01
Title: Addition of Certain Per-and Polyfluoroalkyl Substances; Toxic Chemical Release (Proposed Rule)
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: 10/08/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	1,110	0
Time Burden (Hours)	39,633	0
Cost Burden (Dollars)	0	0

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Abstract: This ICR addresses the information collection activities that are contained in the proposed rule to add 167 individually listed per- and polyfluoroalkyl substances (PFAS) and to add 156 PFAS chemical categories which would be comprised of an acid and associated salts to the list of toxic chemicals subject to reporting 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). EPA is also proposing to set a manufacture, processing, and otherwise use reporting threshold of 100 pounds for each PFAS being added to the list and to designate all PFAS listed under this action as chemicals of special concern. EPA also proposes to reclassify some PFAS already on the TRI list due to sections 7321(b) and (c) of the National Defense Authorization Act for Fiscal Year 2020 NDAA (NDAA) as PFAS chemical categories to align such listings with the approach provided for the candidate additions proposed in this rulemaking. This would change them from being individually listed to being part of the applicable chemical category. 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 Supporting Statement. Pursuant to EPCRA section 313 (and PPA section 6607, because of its linkage to EPCRA), EPA's Office of Chemical Safety and Pollution Prevention (OCSPP) collects, processes, and makes available to the public all the information collected. EPA stores the information gathered under these authorities in a database available through the Internet. EPA, other federal, state, tribal, and local government agencies; industry; and the public use TRI extensively. Program offices within EPA and other government agencies have used TRI, along with other sources of data, to establish priorities, evaluate potential exposure scenarios, and conduct enforcement activities. Industries use TRI data to identify pollution prevention opportunities and set goals for emissions reductions. Environmental and public interest groups use TRI data to make the public more aware of releases of chemicals in their communities, as well as to initiate direct negotiation and risk reduction with facilities. The TRI data are unique in providing a multi-media (air, water, and land) picture of toxic chemical releases, transfers, and other waste management activities by covered facilities on a yearly basis. With a centralized database and electronic data access tools, TRI provides a wide range of capabilities for a variety of users. Communities and governments can access the identities and quantities of listed toxic chemicals that many industrial facilities in their area release, transfer, or otherwise manage as waste. In addition, industries can use TRI as a tool for evaluating progress on their pollution prevention goals.

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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: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AL03	Proposed rulemaking	89 FR 81776	10/08/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Form R	9350-2, 9350-2	Form A ,   Form R

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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	1,110	0	0	1,110	0	0
Annual Time Burden (Hours)	39,633	0	0	39,633	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: There is an increase in burden due to a proposed rule that adds 167 individually listed per- and polyfluoroalkyl substances (PFAS) and 156 PFAS chemical categories which would be comprised of an acid and associated salts to the list of toxic chemicals subject to reporting 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).

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Annual Cost to Federal Government: $8,550

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: 10/08/2024

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