TRI Reporting for PFAS

Forms and Documents

Document Name	Status
Form 9350-1 Toxic Chemical Release Reporting (Form R) Form	New
TRI PFAS_Emergency Request_EPA Determination_2020-01-03.docx Supporting Statement A	2020-01-03

IC Document Collections

IC ID	Document Title	Status
239142	Toxic Chemical Release Reporting (Form R) Form	New

ICR Details

OMB Control No: 2070-0212	ICR Reference No: 202001-2070-001
Status: Active	Previous ICR Reference No:
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2613.01
Title: TRI Reporting for PFAS
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 01/06/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/06/2020
	Date Received in OIRA: 01/06/2020
Terms of Clearance: The agency is required to submit a revision ICR for OMB Control number 2025-0009, prior to the expiration date of this emergency ICR, to add the mandated collection of PFAS chemical data under TRI, per the National Defense Authorization Act.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2020	6 Months From Approved
Responses	500	0	0
Time Burden (Hours)	17,853	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This ICR covers the collection of information for the toxic chemical release reporting of certain per- and polyfluoroalkyl substances (PFAS) under section 313 (commonly referred to as the Toxics Release Inventory (TRI)) of the Emergency Planning and Community Right-to-Know Act (EPCRA). The substances were added to TRI by the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which was enacted on December 20, 2019. This new collection is related to an existing collection of toxic chemical release reporting, approved under the OMB Control No. 2025-0009. After this new request is approved, EPA anticipates consolidating the currently approved collection and this new request under a single OMB control number.

Emergency Justfication: EPA has determined that this collection of information is needed due to the addition of more than 150 chemicals. The chemicals added to the TRI list became effective on January 1, 2020. The regular process for ICRs under the PRA, which includes two comment periods with 60-day and 30-day timeframes, is infeasible due to the immediacy of this effective date, following the enactment of the NDAA on December 20, 2019.

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

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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

Did the Agency receive public comments on this ICR? No

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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)	9350-3, 9350-1	Form R TRI ,   Form R Schedule 1

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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	500	0	500	0	0	0
Annual Time Burden (Hours)	17,853	0	17,853	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: The increased estimated burden of 17,852 hours is due to the new reporting of certain per- and polyfluoroalkyl substances (PFAS) added to TRI by the National Defense Authorization Act (NDAA) for Fiscal Year 2020.

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Annual Cost to Federal Government: $0

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? 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: 01/06/2020

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