[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Pages 19001-19006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9530]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[TRI-2009-0216; FRL-8897-4]
RIN 2025-AA25
Toxics Release Inventory Form A Eligibility Revisions
Implementing the 2009 Omnibus Appropriations Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is amending its regulations on the eligibility criteria
for submitting a Form A Certification Statement in lieu of the more
detailed Form R submitted by facilities subject to TRI reporting under
section 313 of the Emergency Planning and Community Right-to-Know Act
of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of
1990 (PPA). This action is being taken to comply with the ``Omnibus
Appropriations Act of 2009'' enacted on March 11, 2009. As this action
is being taken to conform the regulations to a Congressional
legislative mandate, notice and comment rulemaking is unnecessary, and
this rule is effective immediately. Upon publication to the Federal
Register, the provisions of the Toxics Release Inventory Burden
Reduction Final Rule will be removed and the regulations in place prior
to its implementation will be restored as described below.
DATES: This final rule is effective on April 27, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. TRI-2009-0216. All documents in the docket are listed in the
EDOCKET index at http://www.epa.gov/edocket. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
EDOCKET or in hard copy at the OEI Docket, EPA/DC, EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
202-566-1744, and the telephone number for the OEI Docket is 202-566-
1752.
FOR FURTHER INFORMATION CONTACT: Cory J. Wagner, Toxics Release
Inventory Program Division, Office of Information Analysis and Access
(2844T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: 202-566-1555; fax number: 202-
566-0741; e-mail: [email protected], for specific information on this
proposed rule, or for more information on EPCRA section 313, the
Emergency Planning and Community Right-to-Know Hotline, Environmental
Protection Agency, Mail Code 5101, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, Toll free: 1-800-424-9346, in Virginia and
Alaska: 703-412-9810 or Toll free TDD: 1-800-553-7672.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me ?
This action applies to facilities that submit annual reports under
section 313
[[Page 19002]]
of the Emergency Planning and Community Right-to-Know Act (EPCRA) and
section 6607 of the Pollution Prevention Act (PPA). It specifically
applies to those that submit the TRI Form R or Form A Certification
Statement. (See http://www.epa.gov/tri/report/index.htm#forms for
detailed information about EPA's TRI reporting forms.) To determine
whether your facility would be affected by this action, you should
carefully examine the applicability criteria in part 372, subpart B, of
Title 40 of the Code of Federal Regulations. If you have questions
regarding the applicability of this action to a particular entity,
consult the individuals listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
This action is also relevant to those who utilize EPA's TRI
information, including State agencies, local governments, communities,
environmental groups and other non-governmental organizations, as well
as members of the general public.
II. Background and Rationale for Action
In the Federal Register of December 22, 2006 (71 FR 76932), EPA
issued the Toxics Release Inventory Burden Reduction Final Rule
expanding Form A eligibility for non-PBT chemicals and allowing for the
first time, and in limited circumstances, Form A eligibility for PBT
chemicals. Specifically, the December 2006 final rule allowed
facilities to use Form A in lieu of Form R for TRI-listed PBT chemicals
(except dioxin and dioxin-like compounds) when there were no annual
releases of the PBT chemical, the facility's total annual amount of the
chemical recycled, combusted for energy recovery, and/or treated for
destruction did not exceed 500 pounds, and the facility did not
manufacture, process, or otherwise use more than one million pounds of
the PBT chemical. As it related to the Form R data elements, the
December 2006 final rule allowed a facility to use Form A instead of
Form R for a specific PBT chemical (other than dioxin and dioxin-like
compounds) when zero or not applicable (NA) was reported for items a,
b, c, and d of Section 8.1 (Total Disposal or Other Releases), the
facility did not have any non-production-related releases of the PBT
chemical included in Section 8.8 (quantity released to the environment
as a result of remedial actions, catastrophic events, or one-time
events not associated with production processes), and the total amount
reported for recycling, energy recovery, and/or treatment for
destruction in Section 8.2 through and including Section 8.8 did not
exceed 500 pounds.
The December 2006 final rule also expanded non-PBT chemical
eligibility for Form A by raising the annual reportable amount (ARA)
eligibility criterion to 5,000 pounds for total annual waste management
(i.e., releases, recycling, energy recovery, and treatment for
destruction) provided total annual releases of the non-PBT chemical
comprised no more than 2,000 pounds of the 5,000-pound total waste
management limit. In other words, the December 2006 final rule allowed
facilities to use Form A in lieu of Form R for a non-PBT chemical when
the facility's total annual reportable amount of the chemical released,
recycled, combusted for energy recovery, and/or treated for destruction
did not exceed 5,000 pounds, the facility's total annual releases of
the chemical did not exceed 2,000 pounds, and the facility did not
manufacture, process, or otherwise use more than one million pounds of
the non-PBT chemical. As it related to the Form R data elements, the
December 2006 final rule allowed a facility to consider Form A for a
non-PBT chemical when the sum of Section 8.1 through and including
Section 8.8 did not exceed 5,000 pounds and the sum of amounts reported
for items a, b, c, and d of Section 8.1 (Total Disposal or Other
Releases) and any non-production-related releases reported in Section
8.8 (Quantity released to the environment as a result of remedial
actions, catastrophic events, or one-time events not associated with
production processes) did not exceed 2,000 pounds. For more information
about the December 2006 final rule and to obtain the rule's supporting
materials visit the TRI Web site at http://www.epa.gov/tri and the
docket for the December 2006 rule at http://www.regulations.gov under
docket TRI-2005-0073.
On March 11, 2009, the Omnibus Appropriations Act of 2009 (``the
Act'') was enacted. The Act reads, in pertinent part:
(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
`Toxics Release Inventory Burden Reduction Final Rule' (71 Fed. Reg.
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.
Accordingly, EPA is issuing today's final rule revising Form A
eligibility for both PBT and non-PBT chemicals to the thresholds
established prior to the 2006 TRI Burden Reduction Final Rule. Under 5
U.S.C. 553(b)(3)(B), the notice-and-comment requirements of the Federal
Administrative Procedure Act (5 U.S.C. 551-706) do not apply where the
Agency ``for good cause finds * * * that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.'' Because this action is being taken to comply with an Act of
Congress and EPA has no discretion as to the outcome of this rule, EPA
hereby finds that notice and comment on this action are unnecessary.
Accordingly, today's rule modifies Form A eligibility provided for
at 40 CFR section 372.27 (Alternate thresholds and certifications). For
PBT chemicals, this final rule eliminates Form A eligibility for those
chemicals listed at 40 CFR section 372.28. For non-PBT chemicals,
today's final rule reinstates the 500-pound annual reporting amount
(the total of releases and other waste management) and 1,000,000 pounds
manufactured, processed or otherwise used Form A eligibility threshold
in effect prior to December 22, 2006. This includes releases and waste
management activities (Section 8.1 through and including Section 8.7)
which are counted against the 500 pound threshold criterion.
Today's rule is effective immediately upon publication in the
Federal Register and affects reports filed for RY2008 (due July 1,
2009) forward. Under 5 U.S.C. 553(d)(3), this rule is effective
immediately for good cause because the Omnibus Appropriations Act
prohibits the Agency from expending any funds to implement the former
reporting requirements and mandated that the regulations revert to the
prior version.
If a facility submitted a TRI Form A for RY 2008 on or after March
11, 2009, and still used the 2006 TRI Burden Reduction Final Rule to
determine its eligibility for Form A, then the facility must determine
whether it is still eligible to file Form A. The Omnibus Appropriation
Act set back the Form A criteria to previous levels as of March 11. If
the facility determines that it is no longer eligible to file Form A,
then EPA requires the facility to revise and resubmit its RY 2008
report on Form R. Facilities are not permitted to submit a Form A for
PBT chemicals.
EPA recognizes that this change is occurring after 2008 reporting
year during which the data collected for the Reporting Year 2008
filing, due on July 1, 2009, was collected. EPCRA requires facilities
to make their best estimates
[[Page 19003]]
based on the available data (See EPCRA Sec. 313(g)(2)). Facilities can
seek further advice from EPA regions and the states about this rule
change.
III. References
1. Omnibus Appropriations Act of 2009, Public Law No. 111-8 (March
11, 2009).
IV. What Are the Statutory and Executive Order Reviews Associated With
This Action?
A. Executive Order 12866, Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO)12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO. EPA prepared a brief
analysis of the potential costs and benefits associated with this
action. This analysis is contained here.
1. Methodology
To estimate the incremental costs, economic impacts, and benefits
of this rule, the Agency estimated both the cost and burden of
completing Form R and Form A as well as the number of affected
entities. The Agency has used Reporting Year (RY) 2007 for TRI data.
The Agency identified the number of potentially affected respondents
currently completing Form As or eligible to complete Form A due to the
Phase 2 Burden Reduction Rule that may be required to complete Form R
as a result of today's final rule. The Agency compared the baseline
burden associated with completing Form A with the burden associated
with completing Form R. The total burden and cost associated with this
rule is the difference between the unit burden and cost of filing a
Form R rather than a Form A for those respondents that were eligible to
file a Form A as a result of the Burden Reduction Rule times the number
of respondents affected. There are also a few filers who had filed Form
As before the Burden Reduction Rule, who were subsequently required to
file Form Rs after the Burden Reduction Rule, because the final rule
stated that Section 8.8 releases must be included in the calculation of
the releases for determining eligibility for using Form A. After this
revision of the Form A eligibility, Section 8.8 releases no longer
apply to the calculation of releases for determining eligibility for
Form A, and these respondents may return to eligibility to file Form
As. For these forms, the Agency has calculated the burden and cost
reduction of returning to Form A eligibility for these particular Form
R respondents.
2. Cost and Burden Results
Table 1 summarize the potential annual cost and burden increase of
this final rule for filers who would have been eligible to file Form A
under the Burden Reduction Rule and who will now be required to file
Form Rs. Table 2 summarizes the decrease in Cost and Burden due to this
rule for a small number of respondents who were required to file form
Rs as a result of the Burden Reduction Rule, but who are now eligible
to file Form As. The net cost and burden of the rule is the total
increase from Table 1 minus the total decrease in Table 2.
Table 1--Potential Annual Cost and Burden Increase of the Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus
Appropriations Act: Respondents Filing Form Rs Who Were Eligible To File Form As Under the Burden Reduction Rule
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Percent of
Number of Total burden Total burden Total cost Average cost total cost/
Option type forms hour increase hour increase increase increase per burden
per Form R form (percent)
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PBT..................................................... 2,462 38,020 15.4 $2,004,470 $814 27
non-PBT................................................. 11,246 102,846 9.1 5,368,519 477 73
PBT & non-PBT Combined.................................. 13,708 140,867 10.3 7,372,988 538 100
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Table 2--Potential Annual Cost and Burden Decrease of the Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus
Appropriations Act: Respondents Who Are Now Eligible To File Form As Who Would Have Been Required To File Form Rs under the Burden Reduction Rule
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Percent of
Number of Total burden Total burden Total cost Average cost total cost/
Option type forms hour decrease hour decrease decrease decrease per burden
per Form A form (percent)
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PBT..................................................... 0 0 0.0 $0 $0 0
non-PBT................................................. 33 302 9.1 15,753 477 100
PBT & non-PBT Combined.................................. 33 302 9.1 15,753 477 100
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The cost and burden is the increased burden due to respondents who
now must file Form Rs who were formerly eligible for Form A,
$7,372,988, minus the decrease in burden due to the return to Form A
eligibility of some Form R filers, $15,753, yielding the increase in
cost and burden of this rule as $7,357,235.00.
3. Impacts to data when EPA promulgated the Burden Reduction Rule
in December 2006, it calculated the impact of the data that would be
lost if all respondents who were eligible to use Form A as a result of
the rule did so. One analysis looked at the number of pounds of
releases and wastes that might not be reported on Form Rs.
[[Page 19004]]
Table 1--Percentage of Total Releases and Other Waste Management Pounds Not Reported Due to New and Expanded
Form A Eligibility
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Total Total non-
Total releases production production
not reported related waste related waste
Lbs not reported not reported
on Form R Lbs on Form R Lbs
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New Eligibility for Form A: PBT Chemicals Option................ 0 83,129 283
Expanded Eligibility for Form A: Non-PBT Chemicals Option....... 5,713,104 16,052,663 83,832
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As a result of the Toxics Release Inventory Form A Eligibility
Revisions Implementing the 2009 Omnibus Appropriations Act, all
releases and wastes will be reported on From Rs and the local
communities will be aware of them.
EPA also examined the potential impact on zip codes if all the Form
Rs that indicated eligibility for Form A, reported on Form As.
Table 2--Zip Codes Eligible for Form A Reporting (PBT and Non-PBT Options)
----------------------------------------------------------------------------------------------------------------
Percent of
total zip
Number of zip codes Average No. of
codes containing Form Rs per
Form Rs zip code
(percent)
----------------------------------------------------------------------------------------------------------------
Zip codes with at least one Form R newly eligible for Form A.... 4,246 47.4 13.55
Zip codes with all Form Rs newly eligible for Form A............ 557 6.2 2.04
----------------------------------------------------------------------------------------------------------------
Note: Based on the RY2004 Frozen TRI data, there are 8,961 five-digit zip codes with TRI Form R data.
Source: Frozen RY2004 TRI data.
As shown on the chart above, nearly half of all zip codes would
lose some release information and 557 zip codes would lose all the
release information that would have been available before the Burden
Reduction Rule. This information will now be restored to those
communities.
B. Paperwork Reduction Act
The reversal of the 2006 TRI Burden Reduction Rule will increase
the overall reporting and recordkeeping burden estimate provided for
EPCRA section 313, but this action has been approved as a change
request by OMB under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501
et seq. This action is being taken as a result of a congressional
mandate and without any discretion on the part of EPA. Because of this
reversal, burden is being shifted from the Form A Information
Collection Request (OMB No. 2070-0143) back to the Form R Information
Collection Request (OMB No. 2070-0093). Based on Reporting Year (RY)
2005 data, the shifted burden is estimated to be 140,565 hours and a
cost of $7,357,235.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
Today's rule is not subject to the Regulatory Flexibility Act
(RFA), which generally requires an agency to prepare a regulatory
flexibility analysis for any rule that will have a significant economic
impact on a substantial number of small entities. The RFA applies only
to rules subject to notice and comment rulemaking requirements under
the Administrative Procedure Act (APA) or any other statute. This rule
is not subject to notice and comment requirements under the APA or any
other statute because although the rule is subject to the APA, the
Agency has invoked the ``good cause'' exemption under 5 U.S.C. 553(b),
therefore it is not subject to the notice and comment requirement.
D. Unfunded Mandates Reform Act
Because the agency has made a ``good cause'' finding that this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute [see Section II
above], it is not subject to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
E. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This rule
does not have federalism implications. It will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal
[[Page 19005]]
government and Indian tribes.'' This rule does not have tribal
implications. It will not have substantial direct effects on tribal
governments, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks.
H. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Today's
rule increases only recordkeeping and reporting burden for TRI
reporters. It will not cause reductions in supply or production of oil,
fuel, coal, or electricity. Nor will it result in increased energy
prices, increased cost of energy distribution, or an increased
dependence on foreign supplies of energy.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
rule does not establish technical standards. Therefore, EPA did not
consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The principal consequence of today's action will be to
increase the amount of detailed information available on toxic chemical
releases or management and therefore, EPA does not have any evidence
that this rule will have a direct effect on human health or
environmental conditions.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. Section 808 of the
Congressional Review Act provides that any rule for which the issuing
agency for good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule) that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest, shall take effect at such time as the agency
promulgating the rule determines (5 U.S.C. 808(2)). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date April 27, 2009.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.
Dated: April 20, 2009.
Lisa P. Jackson,
Administrator.
0
Therefore, 40 CFR part 372 is amended as follows:
PART 372--[AMENDED]
0
1. The authority citation for part 372 continues to read as follows:
Authority: 42 U.S.C. 11023 and 11048.
Subpart A--[Amended]
0
2. Revise Sec. 372.10(d) introductory text to read as follows:
Sec. 372.10 Recordkeeping.
* * * * *
(d) Each owner or operator who determines that the owner operator
may apply the alternate threshold as specified under Sec. 372.27(a)
must retain the following records for a period of 3 years from the date
of the submission of the certification statement as required under
Sec. 372.27(b):
* * * * *
Subpart B--[Amended]
0
3. Section 372.27 is amended as follows:
0
a. Revise section heading.
0
b. Revise paragraph (a).
0
c. Revise paragraph (b).
0
d. Revise paragraph (e).
Sec. 372.27 Alternate threshold and certification.
(a) Except as provided in paragraph (e) of this section, with
respect to the manufacture, process, or otherwise use of a toxic
chemical, the owner or operator of a facility may apply an alternate
threshold of 1 million pounds per year to that chemical if the owner or
operator calculates that the facility would have an annual reportable
amount of that toxic chemical not exceeding 500 pounds for the combined
total quantities released at the facility, disposed within the
facility, treated at the facility (as represented by amounts destroyed
or converted by treatment processes), recovered at the facility as a
result of recycle operations, combusted for the purpose of energy
recovery at the facility, and amounts transferred from the facility to
off-site locations for the purpose of recycle, energy recovery,
[[Page 19006]]
treatment, and/or disposal. These volumes correspond to the sum of
amounts reportable for data elements on EPA Form R (EPA Form 9350-1;
Rev. 12/4/93) as Part II column B or sections 8.1 (quantity released),
8.2 (quantity used for energy recovery on-site), 8.3 (quantity used for
energy recovery off-site), 8.4 (quantity recycled on-site), 8.5
(quantity recycled off-site), 8.6 (quantity treated on-site), and 8.7
(quantity treated off-site).
(b) If an owner or operator of a facility determines that the owner
or operator may apply the alternate reporting threshold specified in
paragraph (a) of this section for a specific toxic chemical, the owner
or operator is not required to submit a report for that chemical under
Sec. 372.30, but must submit a certification statement that contains
the information required in Sec. 372.95. The owner or operator of the
facility must also keep records as specified in Sec. 372.10(d).
* * * * *
(e) The provisions of this section do not apply to any chemicals
listed in Sec. 372.28.
Subpart E--[Amended]
0
4. Section 372.95 is amended as follows:
0
a. Revise section heading.
0
b. Revise paragraph (b) introductory text.
0
c. Revise paragraph (b)(4).
Sec. 372.95 Alternate threshold certification and instructions.
* * * * *
(b) Alternate threshold certification statement elements. The
following information must be reported on an alternate threshold
certification statement pursuant to Sec. 372.27(b):
* * * * *
(4) Signature of a senior management official certifying the
following: pursuant to 40 CFR 372.27, ``I hereby certify that to the
best of my knowledge and belief for the toxic chemical listed in this
statement, the annual reportable amount, as defined in 40 CFR
372.27(a), did not exceed 500 pounds for this reporting year and that
the chemical was manufactured, or processed, or otherwise used in an
amount not exceeding 1 million pounds during this reporting year.''
* * * * *
[FR Doc. E9-9530 Filed 4-24-09; 8:45 am]
BILLING CODE 6560-50-P