Toxic Chemical Release Reporting (Revision/Consolidation)

Forms and Documents

Document Name	Status
Form 9350-2 Toxic Chemical Release Reporting (Form A) Form and Instruction	Modified
Form 9350-1 Toxic Chemical Release Reporting (Form R) Form and Instruction	Modified
2613.07 Consultation_Response.docx Supplementary Document	2024-11-25
2613.07 Consultation.pdf Supplementary Document	2024-11-25
2613.07 FormR_Schedule1_Attach3_EPAFormNo._9350-3.pdf Supplementary Document	2024-11-25
2613.07 Form A_Attach 2_EPAFormNo._9350-2.pdf Supplementary Document	2024-11-25
2613.07 FormR_Attach1_EPAForm_9350-1.pdf Supplementary Document	2024-11-25
2613ss07.docx Supporting Statement A	2024-11-25

IC Document Collections

IC ID	Document Title	Status
272645	Non-Form Burden	New
242566	Toxic Chemical Release Reporting (Form A) Form and Instruction	Modified
239142	Toxic Chemical Release Reporting (Form R) Form and Instruction	Modified

ICR Details

OMB Control No: 2070-0212	ICR Reference No: 202411-2070-003
Status: Received in OIRA	Previous ICR Reference No: 202401-2070-002
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2613.07
Title: Toxic Chemical Release Reporting (Revision/Consolidation)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/27/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2025
Responses	154,962	76,579
Time Burden (Hours)	3,600,970	3,616,828
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), 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), 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 following final rule ICRs titled 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) (OMB Control No. 2070-0225; EPA ICR No. 2724.02), Addition of Natural Gas Processing Facilities to the Toxics Release Inventory (TRI) (Final Rule) (OMB Control No. 2070-0206; EPA ICR No. 2560.02); and Parent Company Definition for TRI Reporting (Final Rule) (OMB Control No. 2070-0216; EPA ICR No. 2597.02) into this renewal ICR. Upon OMB approval of this ICR, EPA intends to discontinue OMB Control Nos. 20700225, 2070-0206, and 2070-0216.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 76470	09/18/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 93581	11/27/2024
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

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

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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	154,962	76,579	0	0	78,383	0
Annual Time Burden (Hours)	3,600,970	3,616,828	0	13,442	-29,300	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: There is an overall average decrease of 698 Form Rs and an increase of 1600 Form As estimated to be submitted to EPA as a result of EPAs exercise of its discretionary authority to apply TRI reporting requirements to 2,990 particular facilities, for specified chemicals. There is a decrease of 15,858 burden hours. This is an adjustment to the estimates. There is an increase of the non-form (constant) burden hours from the current approved ICR; this increase reflects the increase in supplier notification burden as a result of the Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern rule publish on October 31, 2023 (88 FR 74360). There is a decrease of 15,858 burden hours.

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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: 11/27/2024

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