[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Rules and Regulations]
[Pages 2722-2723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1540]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[OPPTS-400100; FRL-4995-4]
Toxic Chemical Release Reporting; Community Right-To-Know;
Additional Time to Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Time extensions for submission of reports.
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SUMMARY: EPA is announcing that it will allow facilities required to
submit Toxic Release Inventory (TRI) reports for calendar year 1995
until August 1, 1996, to file those reports. These TRI reports under
section 313 of the Emergency Planning and Community Right-to-Know Act
and section 6607 of the Pollution Prevention Act would otherwise be due
on or before July 1, 1996. Because of unforeseen circumstances beyond
the control of EPA, EPA has been delayed in developing and distributing
the reporting package, which includes extensive materials and guidance
for preparing TRI reports, for the 1995 reporting year. To allow
facilities adequate time to prepare and submit complete and accurate
TRI reports, EPA is allowing facilities an extra month in which to
report.
FOR FURTHER INFORMATION CONTACT: Maria J. Doa, 202-260-9592, e-mail:
[email protected], for specific information on this notice, or
for more information on EPCRA section 313, the Emergency Planning and
Community Right-to-Know Hotline, Environmental Protection Agency, Mail
Code 5101, 401 M St., SW., Washington, DC 20460, Toll free: 1-800-535-
0202, in Virginia and Alaska: 703-412-9877 or Toll free TDD: 1-800-553-
7672.
SUPPLEMENTARY INFORMATION:
I. Background
Section 313 of the Emergency Planning and Community Right-to-Know
Act of 1986, 42 U.S.C. 11023 (EPCRA, which is also referred to as
[[Page 2723]]
Title III of the Superfund Amendments and Reauthorization Act of 1986
[Pub. L. 99-499]), requires certain facilities manufacturing,
processing, or otherwise using listed toxic chemicals to report their
environmental releases of such chemicals annually. Such facilities also
must report pollution prevention and recycling data for such chemicals,
pursuant to section 6607 of the Pollution Prevention Act (PPA), 42
U.S.C. 13106. EPCRA section 313 and PPA section 6607 require that
covered facilities report this information on or before July 1 of each
year for activities at those facilities during the previous calendar
year. EPA is required to put the EPCRA section 313/PPA section 6607
information in an electronic data base that is accessible to the
public. This data base is commonly referred to as the Toxics Release
Inventory (TRI). State and local governments, industry, non-government
organizations, and the public make extensive use of this data base.
Until 1995, TRI reporting was required for 368 chemicals and
chemical categories. On November 30, 1994, EPA promulgated final rules
that added 286 chemicals and chemical categories of chemicals to the
list of toxic chemicals for which reporting is required under EPCRA
section 313 and PPA section 6607 (59 FR 61432), and provided an
alternate threshold for certain reporting (59 FR 61488). The addition
of these chemicals and categories of chemicals in 1994 almost doubled
the number of toxic chemicals subject to TRI reporting for calendar
1995. In addition, EPA believes that many facilities will be reporting
for the first time. Calendar year 1995 is the first year for which
covered facilities are required to submit information on releases under
EPCRA section 313 and pollution prevention and recycling data under PPA
section 6607 for the newly added chemicals and categories. It is also
the first year in which facilities can make use of the alternate
reporting threshold. Under EPCRA section 313 and PPA section 6607,
these reports are due by July 1, 1996.
Each year, prior to the reporting deadline, EPA develops and sends
to facilities a reporting package containing the current TRI reporting
form (Form R), the list of toxic chemicals subject to reporting, and
instructions for reporting. In recent years, the package has also
included a computer diskette containing an automated Form R for
electronic reporting. This year's package will also contain a special
form for alternate threshold reporting. EPA has found that providing
this extensive reporting package reduces confusion and the number of
reporting errors, and expedites the whole reporting process. In the
past, these packages have been distributed by early March of the year
in which reports are due to allow adequate time for review and use by
the reporting facilities.
II. Additional Time to Report for 1995
Because Congress and the President, to date, have not approved an
appropriations bill for EPA for fiscal year 1996, EPA has been
operating since October 1, 1995, under a series of continuing
resolutions. On two separate occasions these continuing resolutions
have lapsed, resulting in shutdowns of operations at EPA. These
shutdowns have totaled 17 working days. Further, in January 1996, EPA's
Washington, D.C. area offices were closed for 4 days due to severe
inclement weather conditions. During the shutdowns due to lack of
appropriations, EPA was not authorized to work on preparing the 1996
TRI reporting package. Since this work is performed in EPA Headquarters
in Washington, D.C., EPA was also unable to work on it during the 4
days of closure due to the inclement weather.
Because these shutdowns have resulted in delays in finalizing and
distributing the TRI reporting package, including the 1995 Form R and
accompanying guidance, beyond EPA's intended distribution date,
facilities subject to TRI reporting may not have sufficient time to
prepare and submit their reports by July 1, 1996. EPA is concerned that
in rushing to report by July 1, facilities may make errors that would
reduce the accuracy and utility of the reports and, ultimately, the
public data base. This is particularly relevant for first-time
reporters. In addition, EPA believes that the delay in the distribution
of the reporting package may create concern in the regulated community
regarding potential enforcement actions, including civil penalties, for
those facilities submitting reports that may contain errors as a result
of the late distribution of the EPA reporting package or reporting
after the July 1, 1996 deadline.
In recognition of the importance to State and local governments,
industry, and the public that facilities submit complete and accurate
TRI reports, EPA is allowing all reporting facilities an additional
month to August 1, 1996, to submit their 1995 TRI reports. However,
reports for the 1995 reporting year that are filed after August 1,
1996, will be subject to EPA enforcement action, where appropriate.
This allowance of additional time for reporting applies only to the
EPCRA section 313/PPA section 6607 reporting obligations for TRI
reports otherwise due on July 1, 1996, covering calendar year 1995.
Nothing in this notice shall be construed to apply to any other EPCRA
reporting obligations, or to any TRI reports due for past or future
reporting years. Further, this allowance of additional time for
reporting applies only to the federal EPCRA section 313/PPA section
6607 reporting obligation; it does not apply to independent obligations
under State laws which also require TRI-type reports. However, EPA
encourages the States with similar requirements that relate to federal
TRI reporting to embrace this allowance of additional time.
To the extent that this action might be construed as rulemaking
subject to section 553 of the Administrative Procedure Act, for the
reasons stated above, EPA has determined that notice and an opportunity
for public comment are impracticable and unnecessary. Providing for
public comment might further delay reporting, and, because there is no
substantive change in the reporting obligation, other than allowing an
additional month, the public will continue to receive the same
information, though slightly delayed. Also, public comment would not
further inform EPA's decision because the events giving rise to the
need to provide extra time for reporting have already occurred. In
addition, additional notice and comment procedures in this situation
would be contrary to the public interest in timely and accurate
reporting of data under EPCRA section 313 and PPA section 6607.
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, and Toxic chemicals.
Dated: January 22, 1996.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 96-1540 Filed 1-26-96; 8:45 am]
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