Parent Company Definition for Toxics Release Inventory (TRI) Reporting (Proposed Rule)

Forms and Documents

Document Name	Status
Form 9350-2 Parent Company Definition for TRI Reporting Form	New
2597ss01__2021-09-28.docx Supporting Statement A	2021-09-29
Parent Company_Draft Reporting Guidance__2021-09-28.docx Supplementary Document	2021-09-28

IC Document Collections

IC ID	Document Title	Status
249562	Parent Company Definition for TRI Reporting Form	New

ICR Details

OMB Control No:	ICR Reference No: 202109-2070-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2597.01
Title: Parent Company Definition for Toxics Release Inventory (TRI) Reporting (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: 10/05/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	21,458	0
Time Burden (Hours)	6,151	0
Cost Burden (Dollars)	0	0

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Abstract: EPA proposes to codify the definition of “parent company” for purposes of reporting to the Toxics Release Inventory (TRI). Although the existing regulation requires facilities reporting to TRI to identify their parent company in annual reporting forms, no codified definition of this data element exists. Among the facilities reporting to TRI are those with complicated corporate ownership structures. As such, effort is required each year by reporting facilities and EPA to clarify how the parent company data element should be represented on the form. A codified definition of parent company would allow EPA to address various corporate ownership scenarios explicitly and reduce the reporting burden caused by regulatory uncertainty. This proposed rule would clarify existing regulations to reporting facilities and add a foreign parent company data element, if applicable, while improving the Agency’s data quality.

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Authorizing Statute(s): US Code: 42 USC 11023 Name of Law: Toxic Chemical Release Forms
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK42	Proposed rulemaking	86 FR 53577	09/28/2021

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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
Parent Company Definition for TRI Reporting	9350-2, 9350-1	Toxics Release Inventory Form A ,   Toxics Release Inventory 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	21,458	0	0	21,458	0	0
Annual Time Burden (Hours)	6,151	0	0	6,151	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: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: Increase in burden is due to proposed rule to codify TRI parent company definition, including an additional data element on TRI reporting forms for reporting the highest-level foreign parent company, when applicable. Higher costs are incurred in the first year following the effective date of the rule compared to subsequent years.

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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? 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: 10/05/2021

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