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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules
and the media, to better aggregate and understand this data.
Respondents/affected entities: The proposed rule will affect any facility required to report to TRI. This proposed action would not change the universe of TRI reporting facilities.
Respondents obligation to respond:
Mandatory, 42 U.S.C. 11023.
Estimated number of respondents:
21,458.
Frequency of response: Annual.
Total estimated burden hours: Across all facilities, the total first year burden hours will be up to 18,091 hours, and up to 210 hours every subsequent year.
Burden is defined at 5 CFR 1320.3b.
Total estimated burden cost: Up to $1,209,202 in the first year, and up to $14,020 every subsequent year, includes $0 annualized capital or operation and maintenance costs.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for the EPAs regulations in 40
CFR are listed in 40 CFR part 9.
Submit your comments on the Agencys need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the EPA using the docket identified at the beginning of this proposed rule. You may also send your ICR-related comments to OMBs Office of Information and Regulatory Affairs using the interface at www.reginfo.gov/
public/do/PRAMain. Find this particular information collection by selecting Currently under Review Open for Public Comments or by using the search function. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after receipt, OMB must receive comments no later than October 28, 2021. The EPA
will respond to any ICR-related comments in the final rule.
C. Regulatory Flexibility Act RFA
I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. The small entities subject to the requirements of this action are small privately-owned facilities and municipal governmentowned facilities who are required to report to EPA under EPCRA section 313.
The Agency has determined that all entities, including any small entities, may experience an impact of incurring annualized costs of less than 1%.
Details of this analysis are presented in EPAs economic analysis Ref. 2.

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D. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C.
15311538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism This action does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999. 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.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175 65 FR 67249. This proposed rule will not impose substantial direct compliance costs on Indian tribal governments. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 62 FR 19885, April 23, 1997 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive Order. This action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act NTTAA
This rulemaking does not involve technical standards.

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J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 59
FR 7629, February 16, 1994 because it does not establish an environmental health or safety standard. This action is a procedural change and does not have any impact on human health or the environment.
List of Subjects in 40 CFR Part 372
Community right-to-know, Environmental protection, Reporting and recordkeeping requirements.
Dated: September 21, 2021.
Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention.

For the reasons discussed in the preamble, EPA proposes to amend 40
CFR part 372 as follows:
PART 372TOXIC CHEMICAL
RELEASE REPORTING: COMMUNITY
RIGHT-TO-KNOW
1. The authority citation for part 372
continues to read as follows:

Authority: 42 U.S.C. 11023 and 11048.

2. In 372.3, add in alphabetical order the definition for Parent company to read as follows:

372.3

Definitions.

Parent company means the highestlevel companys of the facilitys ownership hierarchy as of December 31
of the year for which data are being reported according to the following instructions. The U.S. parent company is located within the United States while the foreign parent company is located outside the United States:
1 If the facility is entirely owned by a single U.S. company that is not owned by another company, that single company is the U.S. parent company.
2 If the facility is entirely owned by a single U.S. company that is, itself, owned by another U.S.-based company e.g., it is a division or subsidiary of a higher-level company, the highest-level company in the ownership hierarchy is the U.S. parent company. If there is a higher-level parent company that is outside of the United States, the highestlevel foreign company in the ownership hierarchy is the foreign parent company.
3 If the facility is owned by more than one company e.g., company A
owns 40 percent, company B owns 35
percent, and company C owns 25
percent, the highest-level U.S. company
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