Federal Register, Volume 74, Number 79, April 27, 2009, Pages 18977-19124 Page: 19,004

                                
Federal Register/Vol. 74, No. 79/Monday, April 27, 2009 /Rules and Regulations

TABLE 1-PERCENTAGE OF TOTAL RELEASES AND OTHER WASTE MANAGEMENT POUNDS NOT REPORTED DUE TO NEW
AND EXPANDED FORM A ELIGIBILITY
Total     Total non-pro-
Total releases  production  duction related
not reported  related waste  waste not
Lbs        not reported  reported on
on Form R      Form R
Lbs           Lbs
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
As a result of the Toxics Release     wastes will be reported on From Rs and    EPA also examined the potential
Inventory Form A Eligibility Revisions  the local communities will be aware of  impact on zip codes if all the Form Rs
Implementing the 2009 Omnibus           them.                                   that indicated eligibility for Form A,
Appropriations Act, all releases and                                            reported on Form As.
TABLE 2-ZIP CODES ELIGIBLE FOR FORM A REPORTING (PBT AND NON-PBT OPTIONS)
Percent of
total zip   Average No.
Number of       codes e            .
zip codes     containing   per zip code
Form Rs     per 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

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