Justification to reinstate to pre-Burden Reduction Rule form and numbers

Explanation for Revising Form A:

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. For Form A we are removing 6,216 responses and 140,565 hours. For Form R we are adding back 13,675 responses and 140,565 hours.