
[Federal Register: June 25, 2009 (Volume 74, Number 121)]
[Notices]               
[Page 30290-30292]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn09-39]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0073, FRL-8923-2]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Distribution of Offsite Consequence Analysis 
Information Under Section 112(r)(7)(H) of the Clean Air Act (CAA). EPA 
ICR No. 1981.04, OMB Control No. 2050-0172

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on January 31, 2010. Before submitting the ICR to 
OMB for review and approval, EPA is soliciting comments on specific 
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before August 24, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0073 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-Docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: Air Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Docket Center, EPA West Bldg, Room 3334, 
1301 Constitution Avenue, NW., Washington DC 20460. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0073. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-8019; fax number: (202) 564-2620; e-mail address: 
jacob.sicy@epa.gov.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2003-0073, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Air Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is 202-566-1744, 
and the telephone number for the Air Docket is 202-566-9744.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the docket ID number 
identified in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

[[Page 30291]]

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Docket ID No. EPA-HQ-OAR-2003-0073.
    Affected entities: Entities potentially affected by this action are 
States, local agencies and members of the public.
    Title: Distribution of Offsite Consequence Analysis Information 
under Section 112(r)(7)(H) of the Clean Air Act (CAA).
    ICR number: EPA ICR No. 1981.04, OMB Control No. 2050-0172.
    ICR status: This ICR is currently scheduled to expire on January 
31, 2010. 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 EPA's 
regulations in title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: This ICR is the renewal of the ICR developed for the 
final rule, Accidental Release Prevention Requirements; Risk Management 
Programs Under the Clean Air Act Section 112(r)(7); Distribution of 
Off-Site Consequence Analysis Information. CAA section 112(r)(7) 
required EPA to promulgate reasonable regulations and appropriate 
guidance to provide for the prevention and detection of accidental 
releases and for responses to such releases. The regulations include 
requirements for submittal of a risk management plan (RMP) to EPA. The 
RMP includes information on offsite consequence analyses (OCA) as well 
as other elements of the risk management program.
    On August 5, 1999, the President signed the Chemical Safety 
Information, Site Security, and Fuels Regulatory Relief Act 
(CSISSFRRA). The Act required the President to promulgate regulations 
on the distribution of OCA information (CAA section 112(r)(7)(H)(ii)). 
The President delegated to EPA and the Department of Justice (DOJ) the 
responsibility to promulgate regulations to govern the dissemination of 
OCA information to the public. The final rule was published on August 
4, 2000 (65 FR 48108). The regulations imposed minimal requirements on 
the public, state and local agencies that request OCA data from EPA. 
The state and local agencies who decide to obtain OCA information must 
send a written request on their official letterhead to EPA certifying 
that they are covered persons under Public Law 106-40, and that they 
will use the information for official use only. EPA will then provide 
OCA data to those agencies as requested. The rule authorizes and 
encourages state and local agencies to set up reading rooms. The local 
reading rooms would provide read-only access to OCA information for all 
the sources in the LEPC's jurisdiction and for any source where the 
vulnerable zone extends into the LEPC's jurisdiction.
    Members of the public requesting to view OCA information at federal 
reading rooms would be required to sign in and self certify. If asking 
for OCA information from federal reading rooms for the facilities in 
the area where they live or work, they would be required to provide 
proof that they live or work in that area. Members of the public are 
required to give their names, telephone number, and the names of the 
facilities for which OCA information is being requested, when they 
contact the central office to schedule an appointment to view OCA 
information.
    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 EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: The burden and costs stated below are from the 
current approved ICR. EPA estimates a total of 3,270 hours (annually) 
for local agencies requesting OCA data from EPA and providing read-only 
access to the public. For the state agencies, the total annual burden 
for requesting OCA data from EPA and providing read-only access to the 
public is 3,816 hours. For the public to display photo identification, 
sign a sign-in sheet, certify that the individual has not received 
access to OCA information for more than 10 stationary sources for that 
calendar month, and to request information from the vulnerable zone 
indicator system (VZIS), EPA estimates a total of 8,754 hours annually. 
The total burden for the members of the public, state and local 
agencies is 15,840 hours and $413,380 annually (47,520 hours for three 
years and $1,240,140).
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements 
which have subsequently changed; train personnel to be able to respond 
to a collection of information; search data sources; complete and 
review the collection of information; and transmit or otherwise 
disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Respondents/Affected Entities: State and local agencies; members of 
the public.

[[Page 30292]]

    Estimated Number of Respondents: 3,975.
    Frequency of Response: One.
    Estimated Total Annual Hour Burden: 9,595.
    Estimated Total Annual Cost: $296,603.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 9, 2009.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
[FR Doc. E9-14995 Filed 6-24-09; 8:45 am]

BILLING CODE 6560-50-P
