2613.08 Justification

Request for a Non-Substantive Change

to an Existing Approved Information Collection

(EPA ICR No. 2613.08; OMB Control No. 2070-0212)

I. Introduction

Why is EPA Requesting a Non-Substantive Change?

EPA is requesting a non-substantive change to update the Reporting Forms and Instructions document for Reporting Year (RY) 2024. Each year, EPA updates this document to reflect the new reporting year and to incorporate various improvements to the document. Alongside updating references from RY 2023 to RY 2024 and clarifying guidance (e.g., incorporating Q&A and parent company naming conventions into the RFI), this document incorporates changes implemented via the recent final rules titled “Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting” and “Addition of Diisononyl Phthalate Category; Community Right-to-Know Toxic Chemical Release Reporting”,

This change is focused on updating the Reporting Forms and Instructions (RFI) to ensure that facilities have the most-up-to-date information to support their reporting for RY 2024 (reporting due by July 1, 2025).

EPA is not otherwise modifying the information collection requirements or agency paperwork burden estimates.

II. Description of Non-Substantive Changes

What Information Collection Request (ICR) is EPA changing?

ICR Title:	Toxic Chemical Release Reporting
ICR Numbers:	EPA ICR No. 2613.07; OMB Control No. 2070-0212

What is the current status of this ICR?

The Toxic Chemical Release Reporting ICR is has been approved through December 31, 2027. The ICR titled “Rule-related ICR; Changes to Reporting Requirements: Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting; Final Rule (RIN 2070-AK97)” (OMB Control No. 2070-0225, EPA ICR No. 2724.02) and the Parent Company Definition for TRI Reporting (OMB Control No. 2070-0216, EPA ICR No. 2597.02) were incorporated into the Toxic Chemical Release Reporting ICR during the renewal.

What are the changes that EPA is making to this collection of information?

Alongside updating references from RY 2023 to RY 2024, this document incorporates changes implemented via the Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern and the Addition of Diisononyl Phthalate Category final rules.

The update to the RFI contains changes that have recently occurred, which include the following:

• Addition of PFAS chemical substances that were automatically added to TRI by the National Defense Authorization Act (NDAA) for Fiscal Year 2020;

• Finalization of a rulemaking to designate NDAA-added PFAS as chemicals of special concern and to remove the de minimis exemption’s eligibility from supplier notification for chemicals designated as chemicals of special concern (OMB Control No. 2070-0225);

• Finalization of a rulemaking to add the diisononyl phthalate category to TRI; and

• Updated de minimis levels for certain chemicals based on updated information related to a chemical’s carcinogenic potential, as provided by 40 CFR 372.38(a)(1)(i-iii).

Will this change impact the annual ICR burden estimates?

The current ICR annual burden will not change.

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