[Federal Register: November 28, 2007 (Volume 72, Number 228)]
[Rules and Regulations]
[Page 67249-67251]
[DOCID:fr28no07-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30581; Amdt. No. 3246]

Standard Instrument Approach Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends Standard Instrument Approach Procedures
(SIAPs) for operations at certain airports. These regulatory actions
are needed because of changes in the National Airspace System, such as
the commissioning of new navigational facilities, adding of new
obstacles, or changing air traffic requirements. These changes are
designed to provide safe and efficient use of the navigable airspace
and to promote safe flight operations under instrument flight rules at
the affected airports.

DATES: This rule is effective November 28, 2007. The compliance date
for each SIAP is specified in the amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 28, 2007.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    Availability--All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on November 16, 2007.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

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           FDC date                  State             City            Airport        FDC No.        Subject
----------------------------------------------------------------------------------------------------------------
11/13/07.....................  NY..............  New York........  La Guardia.....       7/4057  ILS or LOC Rwy
                                                                                4, Amdt 35.
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 [FR Doc. E7-23077 Filed 11-27-07; 8:45 am]

BILLING CODE 4910-13-P


estimation will improve over time.  However, submitters are not required
to use new emission factors or estimation techniques to revise previous
Form R submissions.

INFORMATION TO BE COLLECTED FOR WITHDRAWN AND REVISED FORMS

 tc \l1 " How to Revise  XE "Revise"     XE "Withdraw"  TRI Data?

Facilities that filed a Form R and/or Form A Certification Statement
under EPCRA  XE "EPCRA"   § 313 may submit a request to revise their
submission(s) to the Toxics Release Inventory System (TRIS) database and
in the public version of the database, Envirofacts, TRI Explorer and TRI
Explorer 1.  Facilities may request a revision for one or more of
following reasons:

To update facility address (RF1)

To update contact information (RF2)

To revise facility classification (RF3)

To revise NAICS code(s) (RF4)

To revise trade secret information (RC1)

To revise chemical activities (RC2)

To revise maximum amount onsite (RC3)

To revise release and other waste management activities information due
to monitoring information (RR1)

To revise release and other waste management activities information due
to better emission factors (RR2)

To revise release and other waste management activities information due
to updated concentration information of raw materials and/or products
(RR3)

To revise offsite transfer information (RT1)

To update onsite waste treatment information (RW1)

To revise source reduction information (8.10 & 8.11) (RS1)

To revise as a result of an EPA/State inspection (RE1)

To revise as a result of Data Quality Alerts, a Notice of Technical
Error (NOTE), Notice of Significant Error (NOSE), or a Notice of
Noncompliance (NON) (RQ1)

To revise as a result of a voluntary disclosure through EPA’s audit
policy (RE2)

The revision code(s) should be entered in the “Revision” box on the
first page of the reporting form.  You may enter up to two revision
codes on the form.

Note: Late submissions for chemicals not reported in a previous
reporting year are not considered revisions for that year.

Submitting a Revision

If you have determined that your facility wishes to revise a TRI
submission, you must send your request to EPA and the appropriate State
agency.  For submitting a revision to EPA, please use one of the
following methods:

1.  TRI-MEweb.   The preferred method for revising TRI forms from
Reporting Year 2005 through the current year is TRI-MEweb.  For more
information regarding access to TRI-MEweb, please visit   HYPERLINK
"http://www.epa.gov/tri"  www.epa.gov/tri .  There are several
advantages to using TRI-MEweb.  They are as follows: your prior year
data will be prepopulated, electronic signature which allows for
paperless filing, higher data quality and instant confirmation that EPA
has received your submission.   If you have questions about accessing
TRI-MEweb, please contact the CDX Hotline at<EMAIL_ADDRESS>or call toll
free: 1-888-890-1995.

2.  TRI-ME via CDX.  For revisions being made to forms prior to
Reporting Year 2005, the preferred method is the use of the TRI
Made-Easy (TRI-ME) software and submission through the Internet via the
CDX.  You can download the TRI-ME software at   HYPERLINK
"http://www.epa.gov/tri"  www.epa.gov/tri .  There are several
advantages to using CDX.  They are as follows:  paperless filing,
electronic signature process, significant reduction of data errors, and
instant confirmation of your submissions.    You must use the TRI-ME
software for the year you are revising for.  For example, if you are
revising a form for Reporting Year 2003, you must use the Reporting Year
2003 version of TRI-ME.  If you do not have this software, you can
download TRI-ME at   HYPERLINK "http://www.epa.gov/tri"  www.epa.gov/tri
.  If you have questions about submitting via CDX, please contact the
CDX Hotline at<EMAIL_ADDRESS>or call toll free: 1-888-890-1995. Note:
Submission of revisions through CDX is only available for forms from RY
2002 and later.

3.  TRI-ME  XE "TRI-ME"   via diskette - If you do not have Internet
access and you are revising a form prior to Reporting Year 2006, EPA
encourages you to use the TRI-ME software and to submit responses by
diskette to one of the addresses given below.  All diskette submissions
must be accompanied by a signed Certification Statement.  If you do not
have the TRI-ME software for the Reporting Year  XE "Reporting Year"
that you are correcting, please contact EPA at<PHONE_NUMBER>.

4.     Hard Copy Form -  EPA strongly discourages paper submissions due
to the increased possibility of data entry errors. However, you may make
corrections by hard copy as follows:

Photocopy of Original Submission - You may submit a photocopy of your
original submission (from your file) with the corrections made in blue
ink.  Re-sign and re-date the certification statement on Page 1.  Please
enter an “X” in the box next to “Revision (enter code)” and
enter the appropriate revision code in the space provided on page 1 of
the form.

	If you are submitting a revision for a prior reporting year, please
provide a photocopy your original submission (from your file) and
attach, as a cover page to the photocopy of the original submission,
page 1 of this year’s reporting form.  On this cover page 1 in blue
ink re-sign and re-date the certification statement, enter an “X” in
the box next to “Revision (enter code)” and enter the appropriate
revision code in the space provided.

Where to Send Your Revision Requests

To send requests by regular mail:

TRI Data Processing Center

P.O. Box 1513

Lanham, MD 20703-1513

Attention: TRI Revision Request

To send requests by certified mail or overnight mail (i.e. Fed Ex, UPS,
etc.):

TRI Data Processing Center

c/o Computer Sciences Corporation

Suite 150

8400 Corporate Drive

Landover, MD 20785-2294

Attention: TRI Revision Request

301 429-5005

 tc \l1 " How to Withdraw  XE "Revise"     XE "Withdraw"  TRI Data?

Facilities that filed a Form R and/or Form A Certification under EPCRA
XE "EPCRA"   § 313 may send their requests to EPA to withdraw the Form
R and/or Form A Certification submission(s) from EPA’s database (i.e.,
the Toxics Release Inventory System (TRIS)) and from the public version
of the database.

In order to have a submission removed from the TRI database, facilities
must send their request to EPA and the appropriate state agency, if
required. EPA may periodically review withdrawals.

Facilities may request a withdrawal for one or several reasons, such as:

Manufacture, process, or otherwise use less than reporting threshold
quantities due to erroneous threshold calculations.  (WT1)

Did not meet employee threshold (WT2)

Not in covered NAICS Code (WT3)

Change Form A to Form R (WF1)

Change Form R to Form A (WF2)

Change metal report to metal compounds report (WF3)

Change metal compounds report to metal report  (WF4)

Change in EPA reporting requirements for this chemical. (WC1)

Chemical qualified for one of the EPCRA  XE "EPCRA"   § 313 exemptions
(WE1)

The chemical reported is not an EPCRA  XE "EPCRA"   § 313 reportable
chemical. (WC3)

The chemical reported is not in a form listed on the EPCRA  XE "EPCRA"
§ 313 toxic chemical list (i.e., aerosol, fume or dust, fibrous form,
etc.). (WC4)

Activities involving the reported chemical do not meet the definition of
manufacturing, processing, or otherwise use. (WT4)

Incorrectly assumed otherwise use threshold instead of processing
threshold  (WT5)

The withdrawal code(s) should be entered in the “Withdrawal” box on
the first page of the reporting form.  You may enter up to two
withdrawal codes on the form.

Submitting a Withdrawal

If you have determined that your facility wishes to withdraw a TRI
submission, you must send your request to EPA and the appropriate State
agency.  For submitting a withdrawal to EPA, please use one of the
following methods:

1.    TRI-MEweb - The preferred method for requesting a withdrawal of a
previously submitted TRI form from Reporting Year 2005 through the
current year is TRI-MEweb.  There are several advantages to using
TRI-MEweb.  They are as follows: easily find the specific form that
needs to be withdrawn, electronic signature, which allows for a
paperless request, and instant confirmation that EPA has received your
request.  For more information regarding access to TRI-MEweb, please
visit   HYPERLINK "http://www.epa.gov/tri"  www.epa.gov/tri  or contact
the CDX Hotline at<EMAIL_ADDRESS>or call toll free: 1-888-890-1995.

2.     Hard Copy Form - EPA strongly discourages paper submissions due
to the increased possibility of data entry errors.  However, you may
request withdrawals of submissions by hard copy as follows:

Photocopy of Original Submission - You may submit a photocopy of your
original submission (from your file) with the withdrawal request made in
blue ink.  Re-sign and re-date the certification statement on Page 1.
Please enter an “X” in the box next to “Withdrawal (enter code)”
and enter the appropriate withdrawal code in the space provided on page
1 of the form.

	If you are submitting a withdrawal for a prior reporting year, please
provide a photocopy of your original submission (from your file) and
attach, as a cover page to the photocopy of the original submission,
page 1 of this year’s reporting form.  On this cover page 1 in blue
ink re-sign and re-date the certification statement, enter an “X” in
the box next to “Withdrawal (enter code)” and enter the appropriate
withdrawal code in the space provided.

Where to Send Your Withdrawal Request

To send requests by regular mail:

TRI Data Processing Center

P.O. Box 1513

Lanham, MD 20703-1513

Attention: TRI Withdrawal Request

To send requests by certified mail or overnight mail (i.e. Fed Ex, UPS,
etc.):

TRI Data Processing Center

c/o Computer Sciences Corporation

Suite 150

8400 Corporate Drive

Landover, MD 20785-2294

Attention: TRI Withdrawal Request

301 429-5005

APPENDIX C

EXAMPLES OF HOW TRI DATA ARE USED

Appendix C

Examples of How TRI Data Are Used

Type of Use	User	Description

GOVERNMENT

Uses Within EPA	Office of Pollution Prevention and Toxics	OPPT uses TRI
data to track environmental progress towards annual performance goals as
part of GPRA. Specifically, OPPT is using RSEI data to set risk-based
and pollution prevention performance goals. For example, for FY05, OPPT
set a goal of 12% reduction from 2001 in the production-adjusted
risk-based score of releases and transfers of toxic chemicals. Pollution
prevention goals were also determined based on TRI releases; for
example, one goal for FY04 was a 32% reduction in TRI reported releases
at federal facilities.

	Office of Air and Radiation (OAR)

	OAR's National Emission Inventory (NEI) database contains information
about sources that emit criteria air pollutants and their precursors,
and hazardous air pollutants. Several sources, including TRI, are used
to compile information on annual air pollutant emissions from point,
nonpoint, and mobile sources. Data from the NEI are used for air
dispersion modeling, regional strategy development, regulation setting,
air toxics risk assessment, and tracking trends in emissions over time.

	Office of Enforcement and Compliance Assurance (OECA) and the Office of
Research and Development (ORD)	OECA and ORD developed a "Multi-Media
Ranking System" to prioritize sites for enforcement actions and to
evaluate the effectiveness of environmental laws in reducing risks from
sites. The system ranks sites based on their multi-media releases of
pollutants, their potential risk to human health and the environment,
and the history of legal violations by the facility. The system combines
TRI data with data from EPA air and water databases.

	Office of Solid Waste and Emergency Response (OSWER)	TRI data assist in
priority setting for waste minimization efforts by OSWER. Many of the 31
priority chemicals OSWER has identified as a focus for its waste
minimization efforts are reported to TRI. In combination with other
information OSWER collects on waste minimization, TRI data are useful in
analyzing long-term trends and identifying particular industry practices
that warrant attention by the program, serving OSWER pollution
prevention goals.

	Office of Water (OW)	OW is charged with reviewing and revising the
effluent limitations guidelines established under the CWA. Guidelines
have been established for 55 major industrial categories. OW identifies
changes to guidelines for existing industrial categories, plus new
industrial categories, if they pose a large risk from toxic discharges.
As part of the review process in 2003 and 2004, OW looked at water
releases reported in TRI to help them identify industries with greater
risk for potential revision or implementation of effluent limitations.
TRI data were then also used to determine which industries could achieve
effluent reductions through a voluntary program rather than new
regulation. Use of TRI data was helpful in identifying which industrial
sectors' releases were mostly attributed to a small percentage of
facilities as the releases for the sector could potentially be reduced
if the largest releasers participated in voluntary pollutant reduction
programs.

	Office of Policy, Economics, and Innovation (OPEI)	OPEI launched the
Sector Strategies program in 2003 as an industry-EPA partnership to
promote improved environmental performance. TRI data were used to
measure environmental performance trends for participating industry
sectors, for the first annual report released in 2004. TRI data
continues to be used to measure environmental trends in subsequent
annual reports.

OPEI's Performance Track program used an analysis of TRI data conducted
by the Office of Water in developing water-related regulatory incentives
for its members. OW evaluated industrial sectors' TRI data to determine
sectors where a small percentage of facilities were responsible for the
majority of risk related to water discharges. If these facilities could
participate in a voluntary environmental program, the sector as a whole
may not require new effluent guidelines. For sectors identified by OW,
Performance Track determined the top releasers and evaluated if they
would be eligible for this voluntary program. If deemed eligible,
current Performance Track facilities in these sectors would also benefit
because they would not be subject to increased regulation. However, the
analysis indicated that many of the top releasers in those sectors would
probably not be eligible due to their level of compliance with
environmental requirements.

	National Center for Environmental Economics (NCEE)	Economists at NCEE
have used TRI data in environmental justice analyses. In a study of
communities in Texas, TRI locational data were used to examine
relationships between various socioeconomic factors and siting of
facilities. A related study used TRI emissions information to determine
if there was a disproportionate burden of risk in different communities.
The project incorporated data on pounds released in addition to toxicity
weights for the chemicals released to look at the risk factor.

Environmental Solutions	Colorado Department of Public Health and the
Environment	The P2 Program of the Colorado Department of Public Health
and the Environment used TRI data, in combination with other data about
hazardous waste and toxic chemical releases to air and water, to
identify the ten industry organizations responsible for the largest
quantities of hazardous waste generation or toxic chemical releases in
the state. This research served as the basis for establishing priorities
for P2 activities and for distribution of technical assistance grants.
The report also aided in targeting large companies for participation in
the "Governor's P2 Challenge Program" to reduce toxic chemical releases
and hazardous waste generation.

Environmental Targeting	U.S. Occupational Safety and Health
Administration (OSHA)	For the purpose of targeting exposure screening
for facility employees in certain geographic areas, OSHA and local
public health departments used TRI data to identify facilities that
release specific chemicals. EPA provided OSHA with all submitted toxics
release inventory data for the 28 facilities that are subject to the
OSHA special inspection program. These data provided OSHA inspection
teams with valuable information, such as a list of chemicals that are
used in significant quantities by each facility.

Risk Assessment	Office of Pollution Prevention and Toxics (EPA)	The EPA
Office of Pollution Prevention and Toxics's Risk-Screening Environmental
Indicators (RSEI) model provides year-to-year indicators of the
potential impacts of TRI chemical releases on human health and the
environment. The indicators consider TRI release and transfer volumes,
chronic toxicity, exposure potential, and the size of receptor
populations. Both generic and site-specific exposure characteristics can
be incorporated in the model. The model allows the targeting and
prioritization of chemicals, industries and geographic areas. Facility
scores can also be tracked from year to year to analyze trends.

PUBLIC USE

Citizen Activists and Community Organizations

	Silicon Valley Toxics Coalition	California's Silicon Valley Toxics
Coalition has used TRI data for over a decade. The Silicon Valley
Environmental Index (  HYPERLINK http://www.svep.org  www.svep.org )
shows "sustainability trends" in Santa Clara County, California. The
Index provides information about, but not limited to, hazardous
materials and air and water quality.

National Organizations	Environmental Defense (ED)	Environmental Defense
(ED) launched its Scorecard Web site in l998 (  HYPERLINK
http://www.scorecard.org  http://www.scorecard.org ). The site's
"polluter locator" allows users to perform a search by ZIP code on a
database containing information on several thousand chemical-releasing
facilities. The Scorecard also provides data on the health effects and
regulatory status of different chemicals. The site correlates TRI
chemical release data with U.S. Census demographic data.

Direct Negotiation	Pennsylvania Public Interest Research Group
(PennPIRG)	In 1998, Butler County, PA, warned pregnant women and infants
against drinking water from Connoquenessing Creek due to high levels of
nitrates in the water. In its report, the Pennsylvania Public Interest
Research Group (PennPIRG) used TRI data to highlight the significant
quantities of nitrate compounds being released into the creek. The
report identified the major source of the nitrates as the AK Steel
Corporation. TRI data showed that the company had discharged
approximately 29 million pounds of nitrates into the creek in 1997 and
32 million pounds in 1998. This report and several newspaper articles
about these toxic chemical releases prompted the state to commit to
reduce the levels of nitrates that AK Steel is permitted to release into
the creek. Pennsylvania began developing a new water permit to reduce
allowable nitrate releases to a level 90 percent lower than the previous
level. In June 2000, EPA issued an emergency order requiring AK Steel to
significantly reduce the nitrate compounds it discharges into
Connoquenessing Creek. In addition, AK Steel was required to provide and
pay for an alternative water source for the affected public on any day
that the local water plant could not meet the federal maximum nitrate
contaminant standard.

Environmental Justice

	Local groups in Louisiana	Local groups in Louisiana have used TRI data
to illustrate the high toxic chemical release rates in the Mississippi
River corridor and the Lake Charles region compared to those in other
regions. Several small communities have confronted industrial facilities
about their toxic chemical releases and possibly related health effects.
One illustrative dispute arose in Mossville, Calcasieu Parish,
Louisiana, where some residents suspected that poor health in their
community was due to the activities of 17 industrial facilities located
within one half-mile of the community. Their concerns prompted numerous
public interest organizations to collaborate on the report, Breathing
Poison: The Toxic Costs of Industries in Calcasieu Parish, Louisiana.
The 2000 report used TRI data and information from the Scorecard Web
site to convey the health risks to which the community might be exposed.
It stated the need for "pollution reduction, environmental health
services, and a fair and just relocation for consenting residents."

INDUSTRY USE

Cost Reduction	Berg Electronics	After reporting toxic chemical releases
to the TRI, Berg Electronics realized that it was releasing almost
300,000 pounds of toxic chemicals into the environment annually. By
installing a new cleaning system, the company reduced its toxic chemical
releases to less than 400 pounds per year. Although the initial costs
for the new system were relatively high ($500,000), the company was able
to save approximately $1.2 million a year by avoiding cleanup and
hazardous waste disposal costs.

INTERNATIONAL RIGHT-TO-KNOW

	Commission for Environmental Cooperation (CEC)	The CEC, which was
created by a side-agreement to the North American Free Trade Agreement
(NAFTA), began its PRTR work by preparing a document that compares U.S.
and Canadian PRTR systems. The CEC now develops an annual report,
entitled "Taking Stock", that correlates data from the TRI and the
Canadian National Pollutant Release Inventory to give an overall view of
releases and transfers of toxic chemicals within and between countries.
The CEC also has created an Internet search engine that allows the
public to obtain continental PRTR data.

INVESTMENT

	Investor Responsibility Research Center (IRRC)	Using TRI data, the IRRC
developed an Emissions Efficiency Index® that indicates which companies
have a competitive edge in environmental performance. The Index is
predicated on the idea that greater toxic chemical releases are
associated with higher risks of negative publicity, more tort actions,
and higher costs for pollution control and waste management. IRRC's
constituency uses TRI-based information to identify companies with poor
environmental records. Using the index, investors can either screen such
companies out of their portfolios or purchase shares and use their
ownership as leverage to improve environmental performance.

ACADEMIC USE

Research	Linda Bui, Economics Researcher at Brandeis University	Linda
Bui of Brandeis University has used TRI data in her work on the effect
of public disclosure laws such as TRI. One such study, published in The
Review of Economics and Statistics in 2003, evaluated the relationship
between TRI releases and housing prices and other political economy
variables. In another study, Bui examined firm-level response of
petroleum refineries to public disclosure of their toxic chemicals
through TRI. TRI releases to air and water were evaluated in relation to
firm expenditure on abatement technology for other non-hazardous
chemicals discharged. In addition, Bui looked at whether state pollution
prevention policies and TRI-type programs helped to explain differences
in TRI releases at the refineries across states as a measure of
effectiveness of public disclosure policies.

Classroom Use	Delaware's Department of Natural Resources	Delaware's
Department of Natural Resources designed a set of lessons for a high
school and middle school air quality education program. This program,
which incorporates TRI data, includes a lesson on air quality impact
associated with industrial sources. Students use the data to locate
facilities in their area that have air emissions. They are also able to
identify the types and quantity of facility emissions. They can compare
businesses that report to TRI between counties and explore the health
hazards posed by the reported emissions.

Appendix C References:

Bureau of National Affairs, 1995. "State Pollution Prevention Laws &
Programs and Document Submissions Chart."

California Air Resources Board, Technical Support Division, 1993.
Emissions Inventory Criteria and Guidelines Regulation Pursuant to the
Air Toxics "Hot Spots" Information and Assessment Act of 1987 (as
amended June 1990, September 1990, June 1991, and June 1993).

Chines, Peter (1994). Investor Responsibility Research Center, Inc.
Letter to Samuel Sasnett, U.S. Environmental Protection Agency, Office
of Pollution Prevention and Toxics, April 21, 1994; and attachment, "How
to Read IRRC's Corporate Environmental Profiles," pp. 18-19.

Cummens, Pat, 1993. Untitled presentation, in Proceedings: Toxics
Release Inventory (TRI) Data Use Conference (Washington, DC: U.S.
Environmental Protection Agency, Office of Pollution Prevention and
Toxics, July).

Greene, Terry, 1995. "JSI Community Outreach Project," in Proceedings:
Toxics Release Inventory (TRI) Data Use Conference: Building TRI and
Pollution Prevention Partnerships (Washington, DC: U.S. Environmental
Protection Agency, Office of Pollution Prevention and Toxics, March).

Hartmann, Carolyn, 1993. Troubled Waters: Major Sources of Toxic Water
Pollution (Washington, DC: U.S. Public Interest Research Group, June).

Hausman, Rick, 1993. "Environmental Investing: Dollars and Change,"
Online: The RTK NET Newsletter, Vol. 3, No. 2 (Fall).

Kolwey, Neil and Margery Lynch, 1994. Pollution Prevention Priorities: A
Study of Priorities for Pollution Prevention Activities in Colorado
(Colorado Pollution Prevention Advisory Board, May).

"Notes from the Field: Students Use SARA Title III Data to Conduct Local
Toxic Waste Audits," Hazardous Materials Dialogue, Vol. 4, No. 1, 1992.

Orum, Paul and Beth Wohlberg, 1994. "Reports Using Toxics Release
Inventory (TRI) Data," Working Notes on Community Right to Know,
July-August.

Rice, Faye, 1993. "Who Scores Best on the Environment," Fortune, Vol.
128, No. 2 (July 26, 1993).

Smith, Ted, 1992. Untitled presentation, in Proceedings: Toxic Release
Inventory (TRI) Data Use and Pollution Prevention Conference
(Washington, DC: U.S. Environmental Protection Agency, Office of
Pollution Prevention and Toxics, June).

U.S. EPA, 1993. "Proceedings: Toxics Release Inventory (TRI) Data Use
Conference." July 1993.

U.S. EPA, 1993b. State Directory: 33/50 and Voluntary Pollution
Prevention Programs, 1993. (Washington, DC: U.S. Environmental
Protection Agency, Office of Prevention, Pesticides and Toxic
Substances, October).

U.S. EPA, 1999g. "1997 Toxics Release Inventory Public Data Release:
State Fact Sheets, Office of Pollution Prevention and Toxics, EPA
745-F-99-001, March 1995.

U.S. EPA 1995h. "An Overview of the Toxics Release Inventory Data in the
U.S.," Environmental Assistance Division, Office of Pollution Prevention
and Toxics, June, 1995.APPENDIX D

INFORMATION SOURCES CONTAINING DATA SUBSETS, BUT NOT COMPREHENSIVELY
COMPARABLE ALTERNATIVE TO TRI DATA

Appendix D

Information Sources Containing Data Subsets, but not Comprehensively
Comparable Alternatives to TRI Data

(TRI Included for Comparison)

Description	Chemical coverage	Industry/ facility coverage	Reporting
frequency	Public Access

TRI DATA

EPCRA  XE "EPCRA"   § 313 requires facilities to submit reports on
disposal and releases of particular toxic chemicals exceeding a given
threshold.  The reports provide information on the quantity of chemical
released into the environment, to which media (air, land, water) the
chemical was disposed, as well as information about waste management and
the amount of chemicals stored onsite.	Approximately 600 toxic
chemicals, as defined by Congress in EPCRA.	NAICS codes corresponding to
SIC codes 20-39, as well as 10; 12; 4911, 4931, and 4939; 4953; 5169;
5171; and 7389.

A facility need only report if it has 10 more full-time-equivalent
employees.	Annual.	EPA compiles the TRI data and makes it available
through several data access tools, including the TRI Explorer and
Envirofacts. There are other organizations which also make the data
available to the public through their own data access tools.

AIR EMISSIONS (SECTIONS 5.1 AND 5.2)

National Emissions Inventory (NEI)

NEI provides estimates of man-made pollutant emissions from stationary
sources, as well as area sources and mobile sources.  These estimates,
submitted to EPA by delegated authorities (state or county), electric
utilities, and/or generated by EPA from various sources, differ in the
methodology used.	6 CAPs and 189 HAPs	No NAICS limitations	Triennial	MS
Access database files can be downloaded from EPA’s ftp site.

Air Facility System (AFS)

AFS contains compliance and permit data for stationary sources of air
pollution regulated by the U.S. EPA, and state and local air pollution
agencies.	N/A 	No NAICS limitations	Annual	Can be accessed through EPA
data access tools, Envirofacts or ECHO, on a facility-by-facility basis.

State Air Emissions Inventories

Several states and regional agencies maintain their own air emissions
inventories. However, the amount of data as well as the types of data
elements collected varies widely from state to state.	Varies widely.
(ex. the California Air Resources Board maintains its own list of
approx. 400 toxic air pollutants)	Varies, but states often develop their
own toxics inventories due to perceived gaps in TRI's industry coverage
Varies	Most of these data are submitted to NEI and some are available on
the web on a state-by-state basis.

Title V Part 70 Operating Permits

Under the 1990 Clean Air Act Amendments (CAAA), facilities designated as
"major sources" and facilities otherwise subject to § 112 and Title W
must apply for a Title V Part 70 Operating Permit.  As part of the
application for a Title V permit, some facilities may have to report
emissions of air toxics.	189 HAPs	No NAICS limitations	At the time of
permit application, renewal, and modification—permits are typically
renewed every five years	No central repository for the information.

DIRECT DISCHARGES TO WATER (SECTION 5.3)

Permit Compliance System (PCS)

PCS tracks permit compliance and enforcement status of facilities
regulated by the National Pollutant Discharge Elimination System (NPDES)
under the Clean Water Act (CWA) and is managed by EPA's Office of
Enforcement and Compliance Assurance (OECA). PCS tracks all point source
discharges to surface waters, but does not include indirect releases.
Monitoring data for major dischargers includes only chemicals for which
a monitoring requirement has been set in the permit—a facility's
record may not include all pollutants actually discharged.	No NAICS
limitations	Major permittees must submit DMRs monthly or quarterly;
nonmajor permittees must submit at least annually.	Can be accessed
through EPA data access tools, Envirofacts, ECHO, or ICIS/NDPES, on a
facility-by-facility basis.

UNDERGROUND INJECTION AND LAND DISPOSAL ONSITE (SECTIONS 5.4 AND 5.5)

RCRA Biennial Reports (BR)

RCRA requires hazardous waste generators and treatment, storage, and
disposal facilities (TSDFs) to report to EPA or to a delegated authority
(i.e., the states or EPA Regional offices) at least every two years the
quantity and nature, pollution prevention efforts, and disposition of
generated hazardous waste.  	BR contains data on hazardous wastes as
defined by RCRA and reported by waste codes—not all of which map
directly to a single, unique chemical.	No NAICS limitations, however,
certain waste categories are excluded (e.g. mining, agriculture)
Biennial	Can be accessed through EPA data access tools, Envirofacts or
RCRAInfo, on a facility-by-facility basis.

DISCHARGES TO A POTW (SECTION 6.1)

RCRA Biennial Reports (BR)

BR requires some reporting of discharges to POTWs. (See above for more
details)	(See above)	(See above)	(See above)	(See above)

Permit Compliance System (PCS)

PCS allows for reporting of indirect discharges to water. (See above for
more details)	(See above)	(See above)	(See above)	(See above)

TRANSFERS TO OTHER OFFSITE LOCATIONS (SECTION 6.2)

RCRA Biennial Reports (BR)

BR contains hazardous waste data from large quantity generators (LQGs)
and treatment, storage and disposal facilities (TSDFs).  BR also
requires reporting of off-site transfers on its Form GM. Information
includes the EPA ID of the facility to which the waste was shipped, the
processes used to treat, recycle, or dispose of the waste at the
off-site facility, the off-site availability code, and the total
quantity of waste shipped during the report year. It also provides data
on the volume of hazardous waste shipped off-site for land disposal, a
release end-point of relevance to TRI. (See above for more details)	(See
above)	(See above)	(See above)	(See above)

CHEMICAL STORAGE AND INVENTORY DATA  (SECTION 4.1)

EPCRA § 312 Tier I and II Reports

EPCRA § 312 requires that states establish plans for local chemical
emergency preparedness and that inventory information on hazardous
chemicals be reported by facilities to state and local authorities.
Hazardous or extremely hazardous substances (essentially any substance
that poses a health or physical hazard)	No NAICS exemptions for
facilities that are covered under the reporting threshold requirements,
but facilities not included under OSHA's Hazard Communication Standard
(e.g., mines) do not have to file 	Annual	On a facility-by-facility
basis, by forwarding a written request.

Risk Management Plan (RMP)

Under § 112(r) of the Clean Air Act, facilities with processes that use
or store more than a specified amount of certain substances are required
to develop and implement a risk management program and submit to EPA a
summary of their program—called a Risk Management Plan (RMP).  These
plans include information about chemical amounts stored or processed at
RMP facilities.	Certain flammable and toxic substances	No NAICS
limitations	At least every five years, or within six months of an
incident.	Restricted access.

POLLUTION PREVENTION DATA (SECTIONS 8.1-8.7)

RCRA Biennial Reports (BR)

Biennial Reports contains pollution prevention information on hazardous
waste large quantity generators and treatment, storage, or disposal
facilities. Data are collected primarily by states, and are collated by
EPA. (See above for more details)	(See above)	(See above)	(See above)
(See above)

State Environmental Agency Databases

Two states, New Jersey and Massachusetts, have passed laws to collect
materials accounting pollution prevention data that exceed that found in
section 8 of Form R.

Include more industries than TRI.	Annual

	EMERGENCY RELEASE DATA (SECTION 8.8)

National Response Center (NRC)

NRC collects real-time information about virtually all oil and chemical
spills throughout the U.S. to identify spills to coordinate emergency
response.	Oils and chemicals	No source exemptions	Real-time	Historical
information about spills can be retrieved through the NRC online query
system:   HYPERLINK "http://www.nrc.uscg.mil/foia.html"
http://www.nrc.uscg.mil/foia.html

Integrated Management Information System (IMIS)

IMIS is an OSHA database that contains records of workplace health and
safety inspections conducted by OSHA industrial hygienists. Two general
types of inspections are conducted by OSHA: 1) Scheduled or planned
inspections, and 2) Unplanned inspections which are investigations of
workplace incidents. Inspection data are entered and stored within IMIS,
providing a record of OSHA activities at each workplace that has been
inspected.	Hazardous substances (no quantity information)	No NAICS
limitations	Real-time	Most of the data are online at   HYPERLINK
"http://www.osha.gov/pls/imis/industry.html"
http://www.osha.gov/pls/imis/industry.html . For any additional
information, the public must submit written a Freedom of Information Act
(FOIA) request to OSHA.

STATE RIGHT-TO-KNOW PROGRAMS

Several states require expanded state TRI reporting to include
industries/ facilities not covered by TRI or to report release
information beyond that required by the federal TRI program. Overall,
however, the additional data collected by states are far less complete
and uniform than available under the TRI program.  States with
additional reporting include Arizona, Massachusetts, Minnesota, and
Wisconsin.	Varies by state, but often identical to TRI.	Varies, but may
include more industries than TRI	Annual	No central repository for the
information. Accessibility varies by state.

Appendix D References:

Abt Associates, “Comparison of Toxics Release Inventory and the Permit
Compliance System,” (2005).

Abt Associates, “Comparison of Toxics Release Inventory and the
National Emissions Inventory,” (2005): 6.

Great Lakes Information Network, 1996. "Regional Air Pollutant Inventory
Development System," Information from Great Lakes Information Network
World Wide Web site:   HYPERLINK
http://www.glc.org/projects/air/rapids/rapids.html
http://www.glc.org/projects/air/rapids/rapids.html    HYPERLINK
http://www.glc.org  http://www.glc.org

ICF Incorporated, 1993. Data Gaps and Redundancies in Pollution
Prevention Reporting; A Compendium of Memoranda. Prepared for U.S. EPA,
Office of Prevention, Pesticides, and Toxics, Pollution Prevention
Division.

Massachusetts Toxics Use Reduction Institute, 1994. Toxics Use
Reduction: Fact Sheet 1. Lowell, MA: University of Massachusetts Lowell.
February.

Massachusetts Department of Environmental Protection, 1993. An Overview
of the Toxics Use Reduction Act. Prepared by Manik Roy. February.

Seitz, John S., Director OAQPS, 1995. Memorandum: "Title V Permitting
for Non-major Sources in Recent § 112 Maximum Achievable Control
Technology (MACT) Standards," May 16, 1995.

U.S. EPA, 1991. 1991 Hazardous Waste Report: Instructions and Forms. EPA
Form 8700-13A/B (5-80) revised 8-91.

U.S. EPA, 1994. "National Analysis: The Biennial RCRA Hazardous Waste
Report (Based on 1991 Data)." September 1994.

U.S. EPA, 1995a. Information from the AIRS AFS Home Page: (  HYPERLINK
http://www.epa.gov/docs/airs/afs.html).
http://www.epa.gov/docs/airs/afs.html).

U.S. EPA, 1995e. "User's Guide to Federal Accidental Release Databases,"
Office of Solid Waste and Emergency Response, September 1995.

U.S. EPA, . Toxic Release Inventory Chemicals Reported to Non-TM
Databases. U.S. EPA World Wide Web site   HYPERLINK
http://www.epa.gov/tri/chemical/index.htm.
http://www.epa.gov/tri/chemical/index.htm.

U.S. EPA, 2002. RMP National Database overview, October 2002.
HYPERLINK
"http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/RMPoverview.htm"
http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/RMPoverview.htm

U.S. EPA, 2003. “National Analysis: The National Biennial RCRA
Hazardous Waste Report (Based On 2003 Data)"   HYPERLINK
"http://www.epa.gov/epaoswer/hazwaste/data/br03/"
http://www.epa.gov/epaoswer/hazwaste/data/br03/

U.S. EPA, 2006. " Phase III: Data Proxies for the Toxics Release
Inventory (TRI)" January 2006.APPENDIX E

LISTS OF ORGANIZATIONS WITH WHICH EPA HAS CONSULTED

2004 TRI Burden Reduction Stakeholder Meeting

List of Participating Organizations

 ACCCI/NOPA

 AF&PA

 American Iron and Steel Institutes

 American Petroleum Institute

 Analytical Services Corporation

 Bureau of National Affairs

 CCC

 Copper and Brass Fabricators Council

 Giboon,  National Association of Chemical Distributors

 House Government Reform – Sub Reg Affairs

 Hunter and Williams; Edison Electric Institutes

 MCF Consulting,  Inc.

 National Association of Chemical Distributors

 National Federation of Independent Business

 National Petrochemicals and Refiners Association

 National Ready Mixed Concrete Association

 New Jersep DEP

 OMB Watch

 Resources Committee, House

 SBA Advocacy

 Senate EPW Maj. Office

 Society of Glass and Ceramic Decorators

 SOCMA

 Specialty Graphic Imaging Association

 U.S. Department of Energy

 U.S. Public Interest Research Group

 U.S. Small Business Administration

 Working Group on Community Right-to-Know

2006 Environmental & Community

Right-To-Know Meeting

List of Participating Organizations

U.S. PIRG

Unison Institute

OMB Watch

2006 Industry & Small Business Stakeholder Meeting

List of Participating Organizations

American Chemistry Council

American Forest & Paper Association

API

BryanCave

Consumer Specialty Products Association

EPA Office of Public Liaison

IPC - The Association Connecting Electronics Industries

Nat. Mining Assoc.

National Association  of Chemical Distributors

National Federation of Independent Business

National Paint and Coatings Association, Inc.

National Stone, Sand & Gravel Association

Office of Management and Budget

SGIA

Small Business Administration

SOCMA

The Policy Group

Western Business Roundtable

TRI 2006 National Conference

List of Participating Organizations

AR Department of Emergency Management

CO Department of Public Health and Environment

DC Department of the Environment

DE Department of Natural Resources & Environmental Control

Environmental Council of the States

FL Department of Environmental Protection

GA Department of Natural Resources, Environmental Protection Division

IN Department of Environmental Management

KS Department of Health & Environment

KY Office of the Commissioner, Department for Environmental Protection

MA Department of Environmental Protection

MD Department of Environment

MI Department of Environmental Quality

MN EPCRA Program

MS Department of Environment Quality

NC Hazardous Waste Section, Division of Waste Management

NE Department of Environmental Quality

NJ Department of Environmental Protection, Office of Pollution
Prevention & Right to Know

OH Environmental Protection Agency Division of Air Pollution Control

OK Department of Environmental Quality

OR Office of Homeland Security

PA Department of Environmental Protection

PA Department of Labor & Industry, Bureau of PENNSAFE

SC Department of Health and Environmental Control, Bureau of Air Quality

TX Commission on Environmental Quality

U.S. EPA

U.S. EPA OAQPS

U.S. EPA OAR/OAQPS

U.S. EPA Region 1

U.S. EPA Region 10

U.S. EPA Region 2

U.S. EPA Region 3

U.S. EPA Region 4

U.S. EPA Region 5

U.S. EPA Region 6

U.S. EPA Region 7

U.S. EPA Region 8

U.S. EPA Region 9

U.S. EPA Resource Conservation and Recovery Act, Enforcement Division

U.S. EPA Toxics and Pesticides Enforcement Division

U.S. EPA/NEIC

U.S. EPA/OEI

UT Department of Environmental Quality

VA Department of Environmental Quality

WA Department of Ecology

WY Office Homeland Security

2007 TRI National Training Conference

List of Participating Organizations

AL Department of Environmental Management

Alaska Inter-Tribal Council (AITC)

American Petroleum Institute

Anheuser-Busch Companies, Inc.

AR Department of Emergency Management

Belt Paving, Inc.

BNA

Bureau of PENNSAFE

Calvert

Chevron

CITGO Petroleum Corporation

CO Department of Public Health and Environment

Commission for Environmental Cooperation (CEC)

ConocoPhillips

DE Department of Natural Resources & Environmental Control

Department of the Army Ft. Meade

DuPont

ECOS

Environment Canada

Environmental Services Section

ExxonMobil

FL Department of Environmental Protection

Government Accountability Office

IA Department of Natural Resources

ID Bureau of Homeland Security

IN Department of Environmental Management

Inside EPA

IPC Association Connecting Electronics Industries

KS Department of Health & Environment

KY Department for Environmental Protection

MA Department of Environmental Protection

Maniilaq

Marathon Petroleum Company

MI Department of Environmental Quality

MO Department of Natural Resources

Monterey Institute of International Studies and United Nations Institute
for Training and Research

MS Department of Environment Quality

NC Emergency Management

ND Emergency Services

NE Department of Environmental Quality

NIH / National Library of Medicine

NJ Department of Environmental Protection

NJ Department of Health

Northrup Grumman Corporation

NY State Department of Environmental Conservation

OH Environmental Protection Agency

OK Department of Environmental Quality

OR State Fire Marshall

Rock-Tenn Company

SC Department of Health and Environmental Control

SD Department of Environment & Natural Resources

Shell Global Solutions

Society of Glass and Ceramic Decorators

SOCMA

Thompson Publishing

TX Commission on Environmental Quality

U. S. EPA Region 8

U.S. Army Corps of Engineers

U.S. Army Environmental Command

U.S. Army Reserve 94th Environmental

U.S. Department of Energy

U.S. EPA

U.S. EPA Region 1

U.S. EPA Region 10

U.S. EPA Region 10

U.S. EPA Region 2

U.S. EPA Region 3

U.S. EPA Region 4

U.S. EPA Region 5

U.S. EPA Region 6

U.S. EPA Region 7

U.S. EPA Region 8

U.S. EPA Region 9

U.S. EPA/NEIC

U.S. EPA/OAPQS

U.S. EPA/OEI

U.S. EPA/OPPT

U.S. EPA/OSWER

U.S. GAO

U.S. Public Health Service

U.S. Small Business Administration

University of Maryland Baltimore Campus

UT Department of Environmental Quality

VA Department of Environmental Quality

WA Department of Ecology

APPENDIX F

FACILITIES REQUIRED TO REPORT TO TRI (NAICS)

Table F-1

Facilities Required to Report to TRI (NAICS)

 (Corresponding to SIC codes 20 through 39)

Subsector

or  Industry

Code

 Industry

 Code

Exceptions and/or Limitations

311	Except 311119 - Exception is limited to facilities primarily engaged
in Custom Grain Grinding for Animal Feed (previously classified under
SIC 0723, Crop Preparation Services for Market, Except Cotton Ginning);

Except 311330 - Exception is limited to facilities primarily engaged in
the retail sale of candy, nuts, popcorn and other confections not for
immediate consumption made on the premises (previously classified under
SIC 5441, Candy, Nut, and Confectionery Stores);

Except 311340 - Exception is limited to facilities primarily engaged in
the retail sale of candy, nuts, popcorn and other confections not for
immediate consumption made on the premises (previously classified under
SIC 5441, Candy, Nut, and Confectionery Stores);

Except 311811 - Retail Bakeries (previously classified under SIC 5461,
Retail Bakeries);

Except 311611 - Exception is limited to facilities primarily engaged in
Custom Slaughtering  for individuals (previously classified under SIC
0751, Livestock Services, Except Veterinary, Slaughtering, custom: for
individuals);

Except 311612 - Exception is limited to facilities primarily engaged in
the cutting up and resale of purchased fresh carcasses for the trade
(including boxed beef), (previously classified under SIC 5147, Meats and
Meat Products);

312	Except 312229 - Exception is limited to facilities primarily engaged
in providing Tobacco Sheeting Services (previously classified under SIC
7389, Business Services, NEC);

313	Except 313311 - Exception is limited to facilities primarily engaged
in converting

broadwoven piece goods and broadwoven textiles, (previously classified
under SIC 5131, Piece Goods Notions, and Other Dry Goods, broadwoven and
non-broadwoven piece good converters), and facilities primarily engaged
in sponging fabric for tailors and dressmakers (previously classified
under SIC 7389, Business Services, NEC (Sponging fabric for tailors and
dressmakers));

Except 313312 - Exception is limited to facilities primarily engaged in
converting narrow woven Textiles, and narrow woven piece goods,
(previously classified under SIC 5131, Piece Goods  Notions, and Other
Dry Goods, converters, except broadwoven fabric);

314	Except 314121 - Exception is limited to facilities primarily engaged
in making Custom drapery for retail sale (previously classified under
SIC 5714, Drapery, Curtain, and Upholstery Stores);

Except 314129 - Exception is limited to facilities primarily engaged in
making Custom slipcovers for retail sale (previously classified under
SIC 5714, Drapery, Curtain, and Upholstery Stores);

Except 314999 - Exception is limited to facilities primarily engaged in
Binding carpets and rugs for the trade, Carpet cutting and binding, and
Embroidering on textile products (except apparel) for the trade
(previously classified under SIC 7389, Business Services Not Elsewhere
Classified, Embroidering of advertising on shirts and Rug binding for
the trade);

315	Except 315222 - Exception is limited to custom tailors primarily
engaged in making and selling men's and boys' suits, cut and sewn from
purchased fabric (previously classified under SIC 5699, Miscellaneous
Apparel and Accessory Stores (custom tailors));

Except 315223 - Exception is limited to custom tailors primarily engaged
in making and selling men's and boys' dress shirts, cut and sewn from
purchased fabric (previously classified under SIC 5699, Miscellaneous
Apparel and Accessory Stores (custom tailors));

Except 315233 - Exception is limited to custom tailors primarily engaged
in making and selling  bridal dresses or gowns, or women's, misses' and
girls' dresses cut and sewn from purchased fabric (except apparel
contractors)(custom dressmakers) (previously classified under SIC Code
5699, Miscellaneous Apparel and Accessory Stores);

316

	321

	322

	323	Except 323114 - Exception is limited to facilities primarily
engaged in reproducing text, drawings, plans, maps, or other copy, by
blueprinting, photocopying, mimeographing, or other methods of
duplication other than printing or microfilming  (i.e., instant
printing) (previously classified under SIC 7334, Photocopying and
Duplicating Services, (instant printing));

324

	325	Except 325998 - Exception is limited to facilities primarily
engaged in Aerosol can filling on a job order or contract basis
(previously classified under SIC 7389, Business Services, NEC (aerosol
packaging));

326	Except 326212 - Tire Retreading, (previously classified under SIC
7534, Tire Retreading and Repair Shops (rebuilding));

327

	331

	332

	333

	334

	335

	336

	337	Except 337110 - Exception is limited to facilities primarily
engaged in the retail sale of household furniture and that manufacture
custom wood kitchen cabinets and counter tops  (previously classified
under SIC 5712, Furniture Stores (custom wood cabinets));

Except 337121 - Exception is limited to facilities primarily engaged in
the retail sale of household furniture and that manufacture custom made
upholstered household furniture (previously classified under SIC 5712,
Furniture Stores (upholstered, custom made furniture));

Except 337122 - Exception is limited to facilities primarily engaged in
the retail sale of household furniture and that manufacture
nonupholstered, household type, custom wood furniture (previously
classified under SIC 5712, Furniture Stores (custom made wood
nonupholstered household furniture except cabinets));

339	Except 339115 - Exception is limited to lens grinding facilities
that are primarily engaged in the retail sale of eyeglasses and contact
lenses to prescription for individuals (previously classified under SIC
5995, Optical Goods Stores (optical laboratories grinding of lenses to
prescription));

Except 339116 - Dental Laboratories (previously classified under SIC
8072, Dental Laboratories);

111998	Limited to facilities primarily engaged in reducing maple sap to
maple syrup (previously classified under SIC 2099, Food Preparations,
NEC, Reducing Maple Sap to Maple Syrup);

211112	 Limited to facilities that recover sulfur from natural gas
(previously classified under SIC 2819, Industrial Inorganic Chemicals,
NEC (recovering sulfur from natural gas));

212324

	Limited to facilities operating without a mine or quarry and that are
primarily engaged in beneficiating kaolin and clay (previously
classified under SIC 3295, Minerals and Earths, Ground or Otherwise
Treated (grinding, washing, separating, etc. of minerals in SIC 1455));

212325	Limited to facilities operating without a mine or quarry and that
are primarily engaged in beneficiating clay and ceramic and refractory
minerals (previously classified under SIC 3295, Minerals and Earths,
Ground or Otherwise Treated (grinding, washing, separating, etc. of
minerals in SIC 1459));

212393

	Limited to facilities operating without a mine or quarry and that are
primarily engaged in beneficiating chemical or fertilizer mineral raw
materials (previously classified under SIC 3295, Minerals and Earths,
Ground or Otherwise Treated (grinding, washing, separating, etc. of
minerals in SIC 1479));

212399	Limited to facilities operating without a mine or quarry and that
are primarily engaged in beneficiating nonmetallic minerals (previously
classified under SIC 3295, Minerals and Earths, Ground or Otherwise
Treated (grinding, washing, separating, etc. of minerals in SIC 1499));

488390	Limited to facilities that are primarily engaged in providing
routine repair and maintenance of ships and boats from floating drydocks
(previously classified under SIC 3731, Shipbuilding and Repairing
(floating drydocks not associated with a shipyard));

511110

	511120

	511130

	511140	Except facilities that are primarily engaged in furnishing
services for direct mail advertising including Address list compilers,
Address list publishers, Address list publishers and printing combined,
Address list publishing , Business directory publishers, Catalog of
collections publishers, Catalog of collections publishers and printing
combined, Mailing list compilers, Directory compilers, and Mailing list
compiling services (previously classified under SIC 7331, Direct Mail
Advertising Services (mailing list compilers));

511191

	511199

	512220

	512230 	Except facilities primarily engaged in Music copyright
authorizing use, Music copyright buying and licensing, and Music
publishers working on their own account  (previously classified under
SIC 8999, Services, NEC (music publishing));

516110	Limited to facilities primarily engaged in Internet newspaper
publishing (previously classified under SIC 2711, Newspapers:
Publishing, or Publishing and Printing), Internet periodical publishing
(previously classified under SIC 2721, Periodicals: Publishing, or
Publishing and Printing), Internet book publishing (previously
classified under SIC 2731, Books: Publishing, or Publishing and
Printing), Miscellaneous Internet publishing (previously classified
under SIC 2741, Miscellaneous Publishing), Internet greeting card
publishers (previously classified under SIC 2771, Greeting Cards);

541710	Limited to facilities that are primarily engaged in Guided
missile and space vehicle engine research and development (previously
classified under SIC 3764, Guided Missile and Space Vehicle Propulsion
Units and Propulsion Unit Parts), and in Guided missile and space
vehicle parts (except engines) research and development (previously
classified under SIC 3769, Guided Missile and Space Vehicle Parts and
Auxiliary Equipment, Not Elsewhere Classified);

811490	Limited to facilities that are primarily engaged in repairing and
servicing pleasure and sail boats without retailing new boats
(previously classified under SIC 3732, Boat Building and Repairing
(pleasure boat building));

Table F-2

Facilities Required to Report to TRI (NAICS)

(Corresponding to SIC codes other than SIC codes 20 through 39)

Subsector or Industry Code	Exceptions and/or Limitations

212111

	212112

	212113

	212221

	212222

	212231

	212234

	212299

	221111	Limited to facilities that combust coal and/or oil for the
purpose of generating power for distribution in commerce.

221112	Limited to facilities that combust coal and/or oil for the
purpose of generating power for distribution in commerce.

221113	Limited to facilities that combust coal and/or oil for the
purpose of generating power for distribution in commerce.

221119	Limited to facilities that combust coal and/or oil for the
purpose of generating power for distribution in commerce.

221121	Limited to facilities that combust coal and/or oil for the
purpose of generating power for distribution in commerce.

221122	Limited to facilities that combust coal and/or oil for the
purpose of generating power for distribution in commerce.

424690

	424710

	425110	Limited to facilities previously classified in SIC 5169,
Chemicals and Allied Products, Not Elsewhere Classified.

425120	Limited to facilities previously classified in SIC 5169,
Chemicals and Allied Products, Not Elsewhere Classified.

562112	Limited to facilities primarily engaged in solvent recovery
services on a contract or fee basis (previously classified under SIC
7389, Business Services, NEC);

562211	Limited to facilities regulated under the Resource Conservation
and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.

562212	Limited to facilities regulated under the Resource Conservation
and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.

562213	Limited to facilities regulated under the Resource Conservation
and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.

562219	Limited to facilities regulated under the Resource Conservation
and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.

562920	Limited to facilities regulated under the Resource Conservation
and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.

 These NAICS codes correspond to the Standard Industrial Classification
(SIC) codes included in the statutory requirement pursuant to § 313 of
EPCRA (42 U.S.C. 11001 et seq.) and § 6607 of the PPA (42 U.S.C. 11071
to 11079).

 Refer to Appendix A of this Supporting Statement for a blank Form R;
refer to Appendix A of the Form A Supporting Statement for a blank Form
A. For the full set of instructions and Forms, refer to:
http://www.epa.gov/tri/report/#forms.

 For specifics, refer to Appendix A: Blank Form R, and Appendix B:
Reporting Form Instructions Associated with Form Changes.

 The "Form Preparer" does not need to be the same individual as either
the "Technical Contact" or the individual who certifies and signs the
form, and the "Form Preparer" does not necessarily need to be someone at
the location of the reporting facility.

 The Office of Management and Budget publishes these OMB guidelines in
accordance with the Guidelines for Ensuring and Maximizing the Quality,
Objectivity, Utility, and Integrity of Information Disseminated by
Federal Agencies (Government-wide Guidelines) published in interim final
form by OMB in the Federal Register in Volume 66, No. 189 at 49718 on
Friday, September 28, 2001, and updated in final form in Volume 2, No.
67 at 8452 on February 22, 2002.

 For a complete chronology of Rule changes and ICR Renewals along with
resultant impact on Form R reporting burden, see Figure 1 and Table 18.

 The previous ICR period was 2006-2007. By the end of 2006, the TRI
Burden Reduction Rule was promulgated and the inventory was recalculated
at 3,344,292 hours  (no cost reported) due to shifts from Form R
reporting to Form A (decrease of Form R burden of 402,298 hours--see
Economic Analysis of the TRI Burden Reduction Rule, December 2006).
Please note that the recalculation of burden was estimated by
subtracting projected changes from the previous ICR inventory. This
calculation differs from the approach taken in the current ICR renewal
economic analyses. In the 2006 calculation, the base number of the
previous inventory was derived under different conditions (RY2002,
93,380 total forms) than the increments (RY2005, 89,312 total forms). In
this ICR renewal (and Form R/A Supporting Statements), FY2005 data are
used for baseline and increment estimates.

 “Ease of substitution” refers only to the potential of the
information in the database to substitute for TRI reporting.  It does
not imply that the database is not adequate for the purposes for which
it was designed.

 For specifics, refer to Appendix A: Blank Form R, and Appendix B:
Reporting Form Instructions Associated with Form Changes.

 The "Form Preparer" does not need to be the same individual as either
the "Technical Contact" or the individual who certifies and signs the
form, and the "Form Preparer" does not necessarily need to be someone at
the location of the reporting facility.

 Reporting instructions associated with the new data elements are
presented in Appendix B.

  The methodology used in this ICR to estimate the number of forms and
facilities that would be affected by the TRI Burden Reduction Rule is
the same as the methodology used in the Economic Analysis (EA) of the
TRI Burden Reduction Rule.  Due to the difference in reporting years
used in each analysis, however, (RY2004 in the EA and RY2005 in the ICR)
the estimated number of forms and facilities affected by the TRI Burden
Reduction Rule differs between analyses.

 The methodology used to estimate incremental effects of new data
elements and revised instructions on burden is the same as the
methodology used to estimate burden reduction associated with of the TRI
Reporting Forms Modification Rule.

 For a complete chronology of Rule changes and ICR Renewals along with
resultant impact on Form R reporting burden, see Table 18.

 The previous ICR period was 2006-2007. By the end of 2006, the TRI
Burden Reduction Rule was promulgated and the inventory was recalculated
at 3,344,292 hours  (no cost reported) due to shifts from Form R
reporting to Form A (decrease of Form R burden of 402,298 hours--see
Economic Analysis of the TRI Burden Reduction Rule, December 2006).
Please note that the recalculation of burden was estimated by
subtracting projected changes from the previous ICR inventory. This
calculation differs from the approach taken in the current ICR renewal
economic analyses. In the 2006 calculation, the base number of the
previous inventory was derived under different conditions (RY2002,
93,380 total forms) than the increments (RY2005, 89,312 total forms). In
this ICR renewal (and Form R/A Supporting Statements), FY2005 data are
used for baseline and increment estimates.

 Approximately 71 percent of affected facilities file 3 or fewer Form Rs
in reporting year 2005. The most common number of reports filed is 1.
The average number of Form Rs filed by facility in 2005 is 3.7. The
average number of number of Form Rs filed by facility in the ICR
universe is 3.4.

 Employer Costs for Employee Compensation, Private industry workers,
Goods-producing industries, white-collar occupations, as published by
the U.S. Department of Labor, Bureau of Labor Statistics. Table 11 of
the Employer Costs for Employee Compensation Summary, September 2006.

 The methodology used in this ICR to estimate the number of forms and
facilities that would be affected by the TRI Burden Reduction Rule is
the same as the methodology used in the Economic Analysis (EA) of the
TRI Burden Reduction Rule.  Due to the difference in reporting years
used in each analysis, however, (RY2004 in the EA and RY2005 in the ICR)
the estimated number of forms and facilities affected by the TRI Burden
Reduction Rule differs between analyses.

 Prior to the TRI Burden Reduction Rule, the Annual Reportable Amount
was defined as the sum of quantities reported in Form R sections
8.1-8.7; with implementation of TRI Burden Reduction Rule, the Annual
Reportable Amount was redefined to include the sum of quantities in
sections 8.1-8.8.  Based on RY2005 TRI data, it is estimated that 35
facilities currently filing Form As on 47 chemicals would lose Form A
eligibility.

  The Bureau of Census's County Business Patterns - 1997 indicates that
there are 191,745 facilities with 10 or more employees in manufacturing
sectors. There are an additional 10,040 facilities in the seven
non-manufacturing industries that are estimated to perform compliance
determination, for a total of 201,785 facilities performing compliance
determination. The number of facilities and forms in the ICR universe
has been rounded up to the nearest thousand for this ICR. For more
information on the derivation of the number of facilities and forms
newly eligible (an ineligible) for Form A, see the Economic Analysis of
the TRI Burden Reduction Rule, September 2006.

  Note, however, that some of these facilities may file a Form A.

  Based on first -time reporting in RY2005, adjusted for first-time Form
R filers for which all of their Form Rs are newly eligible for Form A.

 The previous ICR period was 2006-2007. By the end of 2006, the TRI
Burden Reduction Rule was promulgated and the inventory was recalculated
at 3,344,292 hours  (no cost reported) due to shifts from Form R
reporting to Form A (decrease of Form R burden of 402,298 hours--see
Economic Analysis of the TRI Burden Reduction Rule, December 2006).
Please note that the recalculation of burden was estimated by
subtracting projected changes from the previous ICR inventory. This
calculation differs from the approach taken in the current ICR renewal
economic analyses. In the 2006 calculation, the base number of the
previous inventory was derived under different conditions (RY2002,
93,380 total forms) than the increments (RY2005, 89,312 total forms)
that were added. In this ICR renewal (and Form R/A Supporting
Statements), FY2005 data are used for baseline and incremental
estimates.

 PAGE

											Draft	7/05/07

July 2007

 PAGE   8

											Draft	6/27/07

June 2007

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											Draft	6/27/07

															Draft	6/27/07

											Draft	6/27/07

															Draft	6/27/07

											Draft	4/24/07

											Draft	6/27/07

 PAGE   93

									Draft	6/27/07

TRI Rulemaking and ICR Chronology

  PAGE  55

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  PAGE  53

June 2007

  PAGE  3

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June 2007

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June 2007

June 2007

April 2007


DRAFT October 7, 2003 MEMORANDUM TO: Administrative Record FROM: Bob Southworth, ERG Senior Environmental Engineer DATE: October 7, 2003 SUBJECT: Review of the TWPE Loads for Selected Inorganic Chemicals Manufacturing Facilities Calculated Using Data from the 2000 PCS Database This memorandum presents the results of a review of the Toxic Weighted Pound Equivalent ( TWPE) loads for selected inorganic chemicals manufacturing facilities calculated using data from the 2000 Permit Compliance System ( PCS) database. It provides background information on the inorganic chemicals manufacturing facilities that discharged 90 percent of the TWPE load, discusses the pollutants with the highest TWPE loads, and identifies the inorganic chemicals manufacturing facilities that discharged the pollutants with the highest TWPE loads. The 2000 PCS database only contains pollutant loads for major direct discharging facilities. Pollutant loads discharged by indirect dischargers are available in the 2000 Toxic Release Inventory ( TRI) database.

Background Eleven of the inorganic chemicals manufacturing facilities in the 2000 PCS database discharged 90 percent of the total TWPE load for the inorganic chemicals manufacturing industry. Three of the facilities have a SIC code of 2812, one has a SIC code of 2816, and seven have a SIC code of 2819. The TWPE load for the non conventional and priority pollutants discharged by the 11 facilities was 853,568. Attachment A contains the TWPE loads for each of the 11 facilities, the percentage of the total TWPE loads for each facility, and the cumulative percentage of total TWPE load for each facility.

Pollutants With High TWPE Loads The TWPE loads for eight pollutants comprise 90 percent of the total TWPE load for inorganic chemicals manufacturing facilities in the 2000 PCS database. The eight pollutants and the TWPE load for each pollutant are listed in Table 1. 2 TABLE 1 TWPE LOADS FOR THE EIGHT POLLUTANTS THAT COMPRISE 90 PERCENT OF THE TWPE LOAD FOR THE INORGANIC CHEMICALS MANUFACTURING INDUSTRY Pollutant TWPE ( pounds)

Total Mercury ( as Hg) 1 405,603 Total Residual Chlorine2 92,367 Iron ( dissolved as Fe) 2 70,660 Sulfide ( total as S) 2 71,788 Benzo( a) pyrene1 50,110 Lead1 39,753 Aluminum ( total) 2 29,807 Benzo( b) fluoranthene ( 3,4 Benzo) 2 4,550 Total 764,638 1 Priority pollutant 2 Non conventional pollutant Three of the pollutants with the highest TWPE loads are priority pollutants and five are non conventional pollutants. Two of the pollutants ( i. e., total mercury and total residual chlorine) account for approximately 51 percent of the TWPE load for the above eight pollutants.

Facilities With Highest TWPE Loads The following inorganic chemicals manufacturing facilities discharged the eight pollutants with the highest TWPE load in the 2000 PCS database:

° Norit Americas, Inc. Marshall, TX ( TX0000710) SIC 2819 ° PPG Industries, Inc New Martinsville, WV ( WV0004359) SIC 2812 ° Clearon Corp South Charleston, WV ( WV0073679) SIC 2819 3 ° Kerr McGee Pigments Savannah, GA ( GA0003646) SIC 2816 ° Honeywell International, Inc. Baton Rouge, LA ( LA0000329) SIC 2819 ° Olin Corporation McIntosh, AL ( AL0001945) SIC 2812 ° US DOE/ Savannah River Site Aiken, SC ( SC0000175) SIC 2819 ° UOP Molecular Sieve Plant Chickasaw, AL ( AL0002666) SIC 2819 ° Oxy Vinyls, LP Deer Park, TX ( TX0007412) SIC 2812 ° Chemical Products Corporation Cartersville, GA ( GA0000281) SIC 2819 ° Conectiv Operating Services Co. Delaware City, DE ( DE00500601) SIC 2819 ( Delmarva Power & Light)

The inorganic chemicals manufacturing facilities that discharged the highest percentage of the above TWPE load for the above eight pollutants are listed in Table 2.

TABLE 2 INORGANIC CHEMICALS MANUFACTURING FACILITIES THAT DISCHARGED THE HIGHEST PERCENTAGE OF THE TOP EIGHT POLLUTANTS Pollutant Facility Percentage of TWPE Discharged by Facility Total Mercury ( as Hg) Norit Americas, Inc 89 Total Residual Chlorine Clearon Corp. 80 Iron ( dissolved as Fe) Kerr McGee Pigments 100 Sulfide ( total as S) PPG, Inc 86 Benzo( a) pyrene Honeywell International 92 Lead USDOE/ Savannah River 100 Aluminum ( total) UOP Molecular Sieve Plant 100 Benzo( b) fluoranthene ( 3,4, benzo Honneywell International 100 4 For each of the eight pollutants in the Table 2, one inorganic chemicals manufacturing facility discharged most of the TWPE load for the pollutant in the 2000 PCS database. For four of the pollutants, one facility discharged 100 percent of the load.

The effluent limitations guidelines ( ELG) for the inorganic chemicals manufacturing industry contain limits for the following five of the top eight pollutants: lead, iron, total residual chlorine, mercury, and sulfide. If EPA decides not to establish limits for the other three pollutants in an ELG, limits for those pollutants and revised limits for pollutants currently controlled in the ELG could be established on a case by case basis in a National Pollutant Discharge Elimination System permit based on Best Professional Judgement. This is a feasible approach because only 11 of the 94 inorganic chemicals manufacturing facilities in the 2000 PCS database discharged 90 percent of the TWPE load for the pollutants in the database and because a high percentage of the TWPE load for each pollutant was discharged by one facility. ATTACHMENT A TWPE LOADS FOR INORGANIC CHEMICALS MANUFACTURING FACILITIES CALCULATED USING DATA FROM THE 2000 PCS DATABASE SIC NPID NAME CITY Pounds TWPE Percent of Total Cumulative Percent of Total TWPE 2819 TX0000710 NORIT AMERICAS INC. MARSHALL 12,724,335 359,891 35% 35% 2819 WV0000108 KINCAID ENTERPRISES NITRO 17,184 168,828 17% 52% 2812 WV0004359 PPG INDUSTRIES INC. NEW MARTINSVILLE 128,670,173 78,795 8% 59% 2819 WV0073679 CLEARON CORP SOUTH CHARLESTON 30,185,204 74,656 7% 67% 2816 GA0003646 KERR MCGEE PIGMENTS SAVANNAH 15,744,626 72,090 7% 74% 2819 LA0000329 HONEYWELL INTERNATIONAL INC. BATON ROUGE 140,770 54,496 5% 79% 2812 AL0001945 OLIN CORPORATION MCINTOSH 1,117,149,639 49,519 5% 84% 2819 SC0000175 US DOE/ SAVANNAH RIVER SITE Aiken 247,665 40,327 4% 88% 2819 AL0002666 UOP MOLECULAR SIEVE PLANT CHICKASAW 180,879,885 34,639 3% 91% 2812 TX0007412 OXY VINYLS LP DEER PARK 291,728 13,923 1% 93% 2819 GA0000281 CHEMICAL PRODUCTS CORPORATION CARTERSVILLE 1,247,067 10,354 1% 94% 2812 KY0003484 WESTLAKE CA& O CORP CALVERT CITY 48,830,963 5,947 1% 94% 2819 DE0050601 CONECTIV OPERATING SERVICES CO DELAWARE CITY 22,116 5,751 1% 95% 2812 TN0002461 OLIN CHEMICALS CHARLESTON 117,466,329 5,219 1% 95% 2812 LA0005231 PIONEER AMERICAS LLC. ST. GABRIEL 30,988 5,198 1% 96% 2812 DE0050911 OCCIDENTAL CHEMICALS DELAWARE CITY 7,684 4,783 0% 96% 2819 OR0001597 ATOFINA CHEMICALS INC PORTLAND 67,585,417 4,011 0% 97% 2812 NY0003336 OCCIDENTAL CHEMICAL CORP NIAGARA FALLS 61,728 3,581 0% 97% 2819 NC0003875 OCCIDENTAL CHEMICAL CORP. CAST CASTLE HAYNE 10,105,048 3,454 0% 97% 2819 KY0003603 ATOFINA CHEMICALS INC CALVERT CITY 55,434,343 3,361 0% 98% 2819 LA0006181 HONEYWELL INTERNATIONAL INC. GEISMAR 166,510 2,695 0% 98% 2813 AL0000213 OCCIDENTAL CHEM MUSCLE SHOALS MUSCLE SHOALS 42,409,223 1,788 0% 98% 2819 IL0004421 HONEYWELL INTERNATIONAL INC. METROPOLIS 152,475 1,519 0% 98% 2819 MD0000311 GRACE DAVISON CURTIS BAY BALTIMORE 1,565,878 1,279 0% 98% 2812 LA0005983 OCCIDENTAL CHEMICAL CORPORATIO TAFT 40,645,263 1,211 0% 99% 2816 TX0006050 E I DUPONT DE NEMOURS VICTORIA VICTORIA 990,499 1,207 0% 99% 2819 AR0001171 GREAT LAKES CHEMICAL CORP CENT EL DORADO 50,018,804 1,207 0% 99% 2819 LA0079961 KAISER ALUM & CHEM CORP GRAMER GRAMERCY 31,331 1,051 0% 99% 2819 IL0002020 OLIN CORP JOLIET JOLIET 14,056,488 863 0% 99% 2816 TX0004685 ELEMENTIS CHROMIUM LP NUECES COUNTY 251,513 815 0% 99% 2812 WI0003565 VULCAN CHEMICALS( PORT EDWARDS) PORT EDWARDS 19,852 722 0% 99% 2816 MS0002232 KERR MCGEE CHEMICAL CORP HAMILTON 170,867 722 0% 99% 2816 TN0001465 DU PONT NEW JOHNSONVILLE NEW JOHNSONVILLE 285,106,835 666 0% 99% 2819 WV0000442 FMC CORP SOUTH CHARLESTON 1,738,622 590 0% 99% 2816 DE0000051 DUPONT PIGMENTS DEPT. EDGEMOOR 1,404,256 567 0% 99% 2819 LA0080829 LOUISIANA PIGMENT COMPANY LP WESTLAKE 232,118 549 0% 99% 2812 TX0008150 OXY VINYLS LP LA PORTE 199,981,638 530 0% 99% 2816 MD0001261 MILLENNIUM INORGANIC CHEMICAL BALTIMORE 2,729,963 503 0% 100% 2819 MI0002381 ATOFINA CHEMICALS INC RIVERVIEW 973,151 474 0% 100% 2819 OH0003905 AMOCO PERFORMANCE MARIETTA 11,210,387 430 0% 100% 2819 CA0004979 GENERAL CHEM( ALLIED) CORP PITTSBURG 9,856 426 0% 100% 2812 AL0003514 OCCIDENTAL CHEMICALS MOBILE MOBILE 13,615,146 363 0% 100% 2819 AL0001961 AKZO NOBEL FUNCTIONAL CHEM LLC AXIS 8,920,222 349 0% 100% 2819 MI0003026 DOW CHEM LUDINGTON LUDINGTON 39,415,492 331 0% 100% 2819 DE0000655 GENERAL CHEMICAL CORPORATION CLAYMONT 9,602,295 295 0% 100% 2819 LA0001333 WR GRACE & CO DAVISON CH CARLYSS 243,485 294 0% 100% 2819 AL0003085 U S AMINES BUCKS LLC BUCKS 22,878,192 280 0% 100% 2812 ME0000639 HOLTRACHEM MFG. COMPANY L. L. C. ORRINGTON 11,021 196 0% 100% 2819 SC0001848 WESTINGHOUSE ELEC LLC/ COLUMBIA Columbia 21,480 181 0% 100% 2819 TX0004014 GRIFFIN L. L. C. HOUSTON 31,286,959 133 0% 100% 2816 PA0013064 ELEMENTIS PIGMENTS INC EASTON 10,247,359 126 0% 100% 2819 LA0005223 RHODIA INC. BATON ROUGE 363,740 103 0% 100% 2819 NJ0004006 MALLINCKRODT BAKER INC PHILLIPSBURG 2,728,754 99 0% 100% 2819 GA0001678 ENGELHARD CORPORATION ATTAPULGUS 415,418 98 0% 100% 2813 OH0063789 ESAB WELDING PRODUCTS INC. ASHTABULA 25,502 95 0% 100% 2816 MS0027294 E I DU PONT DE NEMOURS DELISLE PASS CHRISTIAN 82,765 86 0% 100% 2819 NC0001228 GLOBAL NUCLEAR FUEL AMERICAS WILMINGTON 45,181 84 0% 100% 2819 TX0046906 CHEMICAL SPECIALTIES INC. FREEPORT 8,077 74 0% 100% 2812 WA0003115 ATOFINA CHEMICALS INC TACOMA ( WRIA 10) 5,332 69 0% 100% 2819 TX0007072 RHODIA INC. HOUSTON 65,362 57 0% 100% 2816 OH0000493 SCM CHEMICALS ASHTABULA 128,546,364 56 0% 100% 2819 MI0000558 SOLUTIA INC PHOSPHATES PLT TRENTON 30,653 55 0% 100% 2819 NV0000078 KERR MCGEE CHEMICAL LLC HENDERSON 13,088,191 48 0% 100% 2816 VA0000281 MAGNOX PULASKI INCORPORATED PULASKI 7,284,372 46 0% 100% 2819 NJ0004219 E I DUPONT DE NEMOURS & CO GIBBSTOWN 517,586 38 0% 100% 2816 OH0000523 SCM CHEMICALS ASHTABULA 93,897,767 35 0% 100% 2819 TN0002038 NUCLEAR FUEL SERVICES ERWIN 121,530 31 0% 100% 2816 MD0001279 MILLENNIUM SPECIALTY CHEMICALS BALTIMORE 23,158 31 0% 100% 2819 NY0000337 FMC CORP PEROXYGEN CHEMICALS TONAWANDA 3,220,637 25 0% 100% 2819 OH0001872 DETREX CORP. ASHTABULA 308,522 20 0% 100% 2819 MI0002470 MORTON INT PERFORMANCE CHEM MANISTEE 1,771,811 15 0% 100% SIC NPID NAME CITY Pounds TWPE Percent of Total Cumulative Percent of Total TWPE 2812 NY0001635 OLIN CORP  NIAGARA FALLS PLT NIAGARA FALLS 2,230,882 15 0% 100% 2819 NC0005177 FMC CORPORATIOC LITHIUM DIVIS. BESSEMER CITY 196,610 12 0% 100% 2816 CA0004936 EI DU PONT DE NEMOURS & CO ANTIOCH 206,830 8 0% 100% 2819 TX0052825 ATOFINA CHEMICALS INC. BEAUMONT 120,361 6 0% 100% 2819 CT0003131 DOW CHEMICAL USA ALLYNS POINT GALES FERRY 21,632 3 0% 100% 2819 CA0007005 NATIONAL REFRACTORIES MOSS LANDING 933 2 0% 100% 2819 NJ0004103 SHIELDALLOY METALLURGICAL CORP NEWFIELD 396,784 2 0% 100% 2816 NY0005321 CIBA GEIGY CORP GLENS FALLS 5,862 1 0% 100% 2812 WA0037265 PIONEER AMERICAS INC TACOMA ( WRIA 10) 21 0 0% 100% 2812 NV0020923 PIONEER AMERICAS LLC HENDERSON 0 0 0% 100% 2819 NC0006351 CHEMICAL SPECIALTIES INC. HARRISBURG 0 0 0% 100% 2819 KY0004049 DOE/ BJC/ PGDP WEST PADUCAH 1,925,778 0 0% 100% 2819 LA0005991 KAISER ALUMINUM & CHEMICAL CO GRAMERCY 0 0 0% 100% 2816 OH0000752 ASHTA CHEMICALS INC. ASHTABULA 0 0 0% 100% 2819 TN0001091 DU PONT MEMPHIS MEMPHIS 344,928 0 0% 100% 2819 LA0002771 E I DUPONT DE NEMOURS BURNSIDE DARROW 9,548 0% 100% 2813 IN0000035 PRAXAIR INC. LAKESIDE PLANT GARY, 8,146 0% 100% 2819 LA0004057 GRANT CHEMICAL BATON ROUGE ZACHARY 3,806 0% 100% 2819 LA0005606 ORMET PRIMARY ALUMINUM CORP BURNSIDE 0 0% 100% 2819 LA0041718 UOP LLC BATON ROUGE 21,470 0% 100% 2,834,994,385 1,022,396 TOTAL