Toxic Chemical Release Reporting (Form R)

Forms and Documents

Document Name	Status
Form 9350-1 Toxic Chemical Release Reporting (Form R) Form and Instruction	Modified
1363.18 Omnibus Change 3-24-09.doc Justification for No Material/Nonsubstantive Change	2009-03-24
1363.18 change 3-19-09.doc Justification for No Material/Nonsubstantive Change	2009-03-19

IC Document Collections

IC ID	Document Title	Status
41799	Toxic Chemical Release Reporting (Form R) Form and Instruction	Modified

ICR Details

OMB Control No: 2070-0093	ICR Reference No: 200903-2070-003
Status: Historical Active	Previous ICR Reference No: 200811-2070-003
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 1363.18
Title: Toxic Chemical Release Reporting (Form R)
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/27/2009
	Date Received in OIRA: 03/23/2009
Terms of Clearance: THis ICR approves the change contained in the Section 425 of the Omnimus Appropriations Act of 2009. Specifically, this Act rescinds the December 2006 Toxic Release Inventory Burden Reduction Rule, and puts the reporting requirements with respect to the use of Form R and Form A back to what they were prior to promulgation of this rule. Accordingly, OMB is approving ICR change requests for both 2070-0093 (Form R) and 2070-0143 (Form A) as follows: The burden for the Form R is being increased by 458,983 hours to account for an estimated 13,675 additional chemical reports being filed using the Form R rather than the Form A. The burden for the Form A is being decreased by 318,418 hours to account for the same 13,675 reports no longer being filed using the Form A. Because multiple chemicals may be listed on the same Form A, EPA estiamtes that about 6,216 fewer Form As will be filed, with an aveage of about 2.2 chemicals per form. The net burden increase for the TRI program as a whole resulting from this change is 140,565 hours.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2011	03/31/2011	03/31/2011
Responses	81,382	0	67,707
Time Burden (Hours)	3,677,162	0	3,218,179
Cost Burden (Dollars)	0	0	0

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Abstract: This ICR extends approval to collect information under the Emergency Planning and Community Right-to-Know Act (EPCAR) section 313 and section 6607 or the Pollution Prevention Act (PPA) of 1990. Respondents submit information concerning toxic chemical releases into the air, land and water.

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Authorizing Statute(s): US Code: 42 USC 11071 Name of Law: Pollution Prevention Act (PPA)
   PL: Pub.L. 111 - 8 425 Name of Law: Omnibus Appropriations Act, 2009
   US Code: 42 USC 11001 Name of Law: Emergency Planning and Community Right-to-Know Act (EPCRA)
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 8 425 Name of Law: Omnibus Appropriations Act, 2009

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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:
	72 FR 37762	07/11/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 71403	12/17/2007
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
Toxic Chemical Release Reporting (Form R)	9350-1	Form R

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ICR Summary of Burden

	Total Approved	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	81,382	67,707	13,675	0	0	0
Annual Time Burden (Hours)	3,677,162	3,218,179	458,983	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $12,110,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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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: 03/19/2009

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