United
States
Environmental
Protection
Agency,
Region
IX
Superfund
Division
75
Hawthorne
St.
San
Francisco,
Ca.
94105
Technical
Support
Document
for
Agency
Information
Collection
Activities
Proposed
Collection
and
Comments
Request;

2001
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA)
and
Risk
Management
Program
(
RMP)
Implementation
Status
Questionnaire
for
Tribal
Emergency
Response
Commissions
(
TERCs)
and
Their
Duly
Appointed
Local
Emergency
Planning
Committee(
s)(
LEPCs)
EPA
ICR
No.
2004.01
March
5,
2001
Prepared
by
Sam
Agpawa
EPCRA
Planning
Superfund
Division
Reviewed
by
Mary
Wesling
CEPP
Enforcement
Superfund
Division
TABLE
OF
CONTENTS
1:
0
SCOPE
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1
1.1
Title
and
Identification
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1
1.2
Regulatory
Background
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1
1.3
Collection
Abstract
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2:
0
NEED
FOR
AND
USE
OF
THE
COLLECTION
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4
2.1
Agency
Functions
and
the
GPRA
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4
2.2
Utility
of
The
Data
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4
2.3
Program
Priorities
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4
3:
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COLLECTION
CRITERIA
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6
3.1
Nonduplication
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6
3.2
Public
Notice
Required
Prior
to
ICR
Submissions
to
OMB.
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6
3.3
The
Questionnaire
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3.4
Effects
of
Less
Frequent
Collection
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7
3.5
Confidentiality
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7
3.6
Sensitive
Questions
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4:
0
THE
RESPONDENTS
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7
4.1
Respondent
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7
4.2
Information
Requested
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8
5:
0
THE
INFORMATION
COLLECTED
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9
5.1
Agency
Activities
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9
5.2
Collection
Methodology
and
Management
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9
5.3
Small
Entity
Flexibility
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10
5.4
Collection
Schedule
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10
6:
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ESTIMATING
THE
BURDEN
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11
6.1
Respondent
Burden
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11
6.2
Respondent
Costs
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.12
6.3
Agency
Burden
and
Costs
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13
6.4
Respondent
Universe
and
Total
Burden
and
Costs
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13
6.5
Bottom
Line
Burden
Hours
and
Costs
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14
6.6
Reasons
for
Change
in
Burden
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14
6.7
Burden
Statement
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14
CHARTS
AND
TABLE
2.1
Key
Areas
of
Information
and
Related
Questions.
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6.1
Respondent
Burden
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11
6.2
Respondent
Costs
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.12
6.3
Bottom
Line
Burden
Hours
and
Costs
(
Respondents)
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.14
6.4
Bottom
Line
Burden
Hours
and
Costs
(
EPA/
Contractors)
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14
ATTACHMENT
2001
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA)
and
Risk
Management
Program
(
RMP)
Implementation
Status
Questionnaire
for
Tribal
Emergency
Response
Commissions
(
TERCs)
and
Their
Duly
Appointed
Local
Emergency
Planning
Committee(
s)
(
LEPCs)
EPA
ICR
No.
2004.01.
1
1:
0
SCOPE
1.1
Title
and
Identification
2001
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA)
and
Risk
Management
Program
(
RMP)
Implementation
Status
Questionnaire
for
Tribal
Emergency
Response
Commissions
(
TERCs)
and
Their
Duly
Appointed
Local
Emergency
Planning
Committee(
s)(
LEPCs)
EPA
ICR
No.
2004.01.

1.2
Regulatory
Background
(
a)
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C
3501
et
seq.)
and
the
Government
Performance
and
Results
Act
1993
(
GPRA),
this
document
provides
the
rationale
supporting
U.
S.
Environmental
Protection
Agency's
intent
to
submit
the
following
proposed
Information
Collection
Request
(
ICR)
to
the
Office
of
Management
and
Budget
(
OMB)
for
review
and
approval:
2001
EPCRA
and
RMP
Implementation
Status
Questionnaire
for
Tribal
Emergency
Response
Commissions,
EPA
ICR
No.
2004.01.
Before
submitting
the
ICR
to
OMB
for
review
and
approval,
EPA
will
solicit
public
comments
during
a
sixty
(
60)
day
period
on
specific
aspects
of
the
proposed
information
collection.

(
b)
The
Emergency
Planning
and
Community
Right­
to­
Know
Act
of
1986
(
EPCRA)
and
Risk
Management
Programs
under
the
Clean
Air
Act,
1990,
Section
112(
r)
and
40
CFR
Part
68,
June
20,
1996,
introduced
fundamental
changes
in
the
regulation
of
chemical
facilities
and
the
prevention
of
and
preparedness
for
chemical
accidents.
These
laws
and
rules
seek
to
improve
emergency
preparedness
and
reduce
the
risk
of
chemical
accidents
by
providing
information
to
citizens
about
the
chemicals
in
their
community.
EPCRA
is
premised
on
the
concept
that
the
more
informed
local
citizens
are
about
chemical
hazards
in
their
communities,
the
more
involved
they
will
be
in
prevention
and
preparedness
activities.
To
be
effective,
the
public
must
receive
accurate
and
reliable
information,
which
is
easy
to
understand
and
practical
to
use.
EPCRA,
in
conjunction
with
RMP
requirements,
sought
to
create
partnerships
between
all
levels
of
Federal,
State,
Tribal
and
Local
governments
and
industry
to
identify,
plan,
and
prepare
for
hazardous
risks
in
all
communities,
including
those
on
tribal
lands,
reservations,
"
rancherias"
and
colonies.

(
c)
Section
112(
r)
of
the
Clean
Air
Act,
as
amended
1990,
also
mandates
that
EPA
promulgate
a
list
of
regulated
substances.
Coupled
with
that
listing,
Section
112(
r)
requires
EPA
to
promulgate
regulations
and
develop
guidance
to
prevent,
detect
and
respond
to
accidental
releases.
Stationary
Sources
(
petrochemical,
power­
generating
and
other
types
of
facilities)
covered
by
these
regulations
must
develop
and
implement
a
risk
management
program
that
includes
a
hazard
assessment,
a
prevention
program
and
an
emergency
response
program.
It
is
the
development
of
the
latter
that
is
of
vital
importance
to
all
tribal
communities
as
well
as
the
public
at
large.

1.3
Collection
Abstract
1
.
The
resulting
questionnaire,
with
minor
modifications,
is
similar
to
an
earlier
EPA
survey
distributed
to
state
SERCs
and
LEPCs
within
EPA
Region
IX
(
as
described
in
Federal
Register
Notice,
FRL­
6341­
7,
May
14,
1999,
Page
26405).

2
The
EPA
Region
IX
Superfund
Division
proposes
to
conduct
a
Regional
survey
of
the
Tribal
Emergency
Response
Commissions
(
TERCs)
and
their
duly
appointed
Local
emergency
Planning
Committees
(
LEPCs).
The
information
collected
in
this
survey
will
be
used
to
assess
the
progress,
status,
resources
and
activity
level
of
EPA
Region
IX
Tribes'
implementation
of
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA)
and
Risk
Management
Program
(
RMP)(
as
required
in
the
Clean
Air
Act
(
CAA)
as
amended
1990,
Section
112(
r)).

The
Commissions
and
Committees
and
other
emergency
planning
organizations
involved
in
this
survey
represent
Federally­
recognized
Indian
tribes,
reservations,
"
rancherias",
and
colonies,
each
of
which
may
be
considered
a
"
small
entity".

EPA
will
make
every
effort
to
minimize
the
"
burden
on
persons
who
shall
provide
information."
This
will
be
accomplished
by
ensuring
that
the
questionnaire
is
as
concise
as
practicable,
that
the
instructions
clarify
the
respondent's
burden,
and
that
the
survey
questions
are
simple
to
answer.
Agency
and
Respondents
financial
burdens
are
delineated
in
Section
6.0.

The
intended
survey
questionnaire
was
initially
designed
by
a
voluntary
Regional
Tribal
Operational
Committee
(
RTOC)
workgroup
(
whose
members
are
representative
of
tribes
in
EPA
Region
9
and
the
EPA).
It
is
comprised
of
seven
(
7)
members,
five
(
5)
members
from
Region
IX
Tribes
and
two
(
2)
members
from
the
EPA.
1
Although
the
survey's
concept,
content
and
format
was
reviewed
and
approved
by
the
designers
and
conductors
of
the
survey,
the
Regional
Tribal
Operational
Committee
reviewed
the
format
and
content
on
October
25,
2000
including:

(
i)
the
purpose
of
the
survey;
the
practicality
of
obtaining
the
information;
and
the
usefulness
of
the
information
sought;

(
ii)
an
evaluation
of
the
agency's
estimate
of
the
burden
of
the
proposed
collection
of
information,
including
the
validity
of
the
methodology
and
assumptions
used
to
estimate
the
burden;

(
iii)
the
potential
success
in
minimizing
the
burden
of
collecting
information
from
the
respondents,
including
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.

EPCRA,
in
conjunction
with
RMP
requirements,
sought
to
create
partnerships
between
all
levels
of
Tribal,
Federal,
State
and
Local
governments
and
industry
to
identify,
plan,
and
prepare
for
2
Within
EPA,
responsibility
for
local
program
implementation
lies
under
EPCRA
primarily
with
the
State
and
local
offices.
Because
tribes
have
the
same
responsibility
under
EPCRA
,
EPA
must
supply
the
tribes
with
the
same
support
in
implementation
of
their
respective
programs.

3
hazardous
materials
risks
in
the
communities,
including
those
on
tribal
lands,
reservations,
"
rancherias"
and
colonies.
Tribal
Emergency
Preparedness
Commissions
(
TERCs)
were
created
which
are
responsible
for
establishing
Local
Emergency
Planning
Commissions
(
LEPCs).
These
entities
have
the
responsibility
for
informing
the
public
(
under
EPCRA)
and
managing
preparedness
plans
(
RMP).

To
determine
the
progress,
status,
resources
and
activity
level
of
these
partnerships,
the
EPA,
Region
IX,
Superfund
Division,
proposes
to
conduct
a
Regional
survey
of
the
Tribal
Emergency
Response
Commissions
and
their
duly
appointed
Local
Emergency
Planning
Committees
and
the
level
of
EPA
Region
IX
Tribes'
actual
implementation
of
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
(
EPCRA)
and
Risk
Management
Programs
(
RMP)
(
as
required
in
the
Clean
Air
Act
(
CAA)
as
amended
1990,
Section
112(
r)).

EPA's
role
is
to
provide
guidance
and
assistance
to
the
tribal
communities,
their
Tribal
Emergency
Preparedness
Commissions,
and
to
emergency
responders.
In
keeping
with
EPA's
Tribal
Trust
Responsibility,
EPA
has
provided
technical,
programmatic
and
legal
support
to
various
tribes.
In
particular,
EPA
Region
IX
has
provided
training
to
the
Region's
tribal
emergency
planning
and
response
programs
and
continues
to
support
a
variety
of
EPCRA
and
RMP­
related
projects
initiated
by
several
tribal
communities
as
part
of
the
General
Assistance
Programs
(
GAP)
and
other
grant
programs.

The
primary
goals
of
the
research
effort
described
within
this
Notice
are
to:
(
1)
canvas
all
the
TERCs
within
EPA
Region
IX
2
representing
one
hundred
and
forty­
five
tribes;
(
2)
identify
and
measure
the
progress
of
the
TERCs,
the
LEPCs
and
other
tribal
or
cooperative
emergency
response
parties
with
the
development
of
their
EPCRA
programs;
and
(
3)
document
and
review
current
practices
and
preferences
regarding
important
issues
including
accident
prevention
efforts,
effectiveness
of
selected
EPA
Region
IX
services
and
sharing
of
information
and
practices
between
the
tribes.

The
survey
focuses
on
key
elements
and
measures
that
are
indicators
of
program
development
and
adequacy.
These
include
information
management,
reporting,
training,
accessibility
of
information
for
"
right­
to­
know"
and
participation
in
industry
and
community
awareness
programs.
Respondents
are
urged
to
express
their
ideas
for
improving
their
programs.
EPA
will
offer
support
in
evaluating
which
ideas
should
be
pursued
based
on
practicality
and
economic
feasibility.

Tribes
will
be
cautioned
that
responses
can
be
made
only
on
documents
which
carry
a
current
and
valid
Control
Number
issued
by
the
Office
of
Management
and
Budget
(
OMB).
OMB
control
numbers
for
EPA's
regulations
and
notices
are
listed
in
the
Code
of
Federal
Register,
40
CFR
Part
9
and
48
CFR
Chapter
15.
4
2.0
NEED
FOR
AND
USE
OF
THE
COLLECTION
2.1
Agency
Functions
and
the
GPRA
A
function
of
EPA
is
to
serve
as
a
clearinghouse
for
information
regarding
successes
and
assessments
regarding
the
various
programs
among
tribal
agencies.
This
will
facilitate
the
rapid
dissemination
of
information
and
reduce
duplication
of
effort.

The
Government
Performance
and
Results
Act
(
GPRA)
stipulates
that
agencies
focus
on
evaluating
the
outputs
and
outcomes
of
their
program
activities.
The
survey
enables
EPA
Region
IX
to
implement
major
GPRA
goals.
These
goals,
set
out
below,
emphasize
local
program
implementation
rather
than
national
level
activities:

°
Better
emergency
response;
°
Expansion
of
the
American
right­
to­
know
doctrine;
°
Assured
compliance
with
the
law.

EPA
implements
these
goals
and
objectives
indirectly,
by
providing
technical
assistance,
training,
enforcement
actions
and
grant
monies.
To
better
determine
how
to
spend
these
resources,
it
is
necessary
for
EPA
to
assess
the
conditions
of
the
tribal
programs,
on
an
ongoing
basis,
through
the
use
of
surveys.

Targeting
improvements
in
EPA's
resource
allocation
to
the
most
needy
jurisdictions
will
enable
EPA
to
achieve
its
goals
and
objectives
under
GPRA.

2.2
Utility
of
the
Data
EPA
Region
IX
will
be
the
primary
user
of
the
data
proposed
to
be
collected.
EPA
Region
IX
will
use
the
data
for
three
purposes:

°
Determining
the
EPCRA
program
priorities
of
Region
IX;
°
Achieving
EPA's
goals
and
objectives
under
GPRA;
and
°
Facilitating
the
transfer
of
information
among
tribes,
states
and
local
agencies.

2.3
Program
Priorities.
EPA
has
five
types
of
resources
to
offer
to
its
EPCRA
partners:

°
Staff
skills,
knowledge
and
experiences
°
Contractors
°
Training
°
Enforcement
activities
5
°
Grants
The
survey
covers
six
key
areas
of
information
regarding
Tribal
and
local
programs:

Subject
Area
Questions
General
Tribal
and
Program
Vigor
1­
19
Public
Outreach
Needs
20­
24
Data
Management
Needs
25­
30,31­
37
Enforcement
and
Compliance
Needs
38­
43,57­
68
Training
and
Resource
Needs
44­
51
Information
Transfer
52­
56
Chart
2.1
Key
Areas
of
Information
and
Related
Questions
Based
on
the
survey
responses,
EPA
will
be
able
to
identify
those
tribes
that
have
the
greatest
need
for
EPA
support
in
the
following
areas:

°
General
program
development
°
Establishing
and
delivering
training
programs
for
tribal
agencies,
business
and
the
public
°
Data
management
systems
and
data
quality
verification
°
Compliance
assistance
and
enforcement
programs
°
Personnel,
training
and
financial
resources
The
survey
results
will
be
entered
into
a
database,
reported
out
by
individual
question,
and
classified
according
to
tribes
served
by
the
EPA
based
on
population.
Each
Tribe's
answers
will
be
reviewed
by
EPA
program
staff
for
the
Agency's
use.

Tribal
contact
information
provided
in
response
to
the
survey
will
be
used
to
update
Region
IX's
EPCRA
contacts
directory.
All
survey
results
will
be
summarized
and
distributed
to
all
participants,
without
identifying
individual
responders.

The
entire
population
of
TERCs
will
be
surveyed.
Therefore,
statistical
inferences
are
not
expected
to
be
used
to
make
generalizations.
Reports
derived
from
this
information
collection
will
include
all
tribes
that
respond
to
the
survey.

3.0
COLLECTION
CRITERIA
6
3.1
Nonduplication
A
primary
goal
of
the
survey
is
to
measure
program
implementation.
The
proposed
survey
is
unique.
The
information
is
not
available
from
any
other
source;
the
tribal
respondents
are
the
only
known
source
for
the
information.
Because
of
EPA's
role
in
supporting
the
Tribes
in
their
EPCRA
and
RMP
programs,
and
the
working
relationships
that
have
been
established
,
it
is
anticipated
that
the
Agency
can
be
relatively
successful
in
conducting
the
proposed
survey.

3.2
Public
Notice
Required
Prior
to
ICR
Submissions
to
OMB
In
compliance
with
the
Paperwork
Reduction
Act
(
§
3501
et
seq.),
EPA
solicited
comments
on
this
Information
Collection
Request.
A
Federal
Register
(
FR)
notice
for
the
2001
Emergency
Planning
and
Community
Right­
to­
Know
ACT
(
EPCRA)
and
Risk
Management
Program
(
RMP)
Implementation
Status
Questionnaire
for
Tribal
Emergency
Response
Commissions
(
TERCs)
and
their
duly
appointed
Local
Emergency
Planning
Committees
(
LEPCs)
was
published
on
January
10,
2001
(
FR
66
1975).

3.3
The
Questionnaire
EPA
employed
the
following
process:

(
a)
Federal
Register
Announcement
As
mentioned
above,
EPA
Region
IX
published
a
notice
of
the
proposed
information
collection
in
the
Federal
Register
and
there
were
no
comments
received
during
the
60
day
public
comment
period.

(
b)
Consultations
EPA
Region
IX,
Inter­
agency
Staff,
the
Regional
Tribal
Operations
Committee,
and
an
agency
contractor
were
consulted
in
the
development
of
this
project:

Tribal
Survey
Working
Group:
Robert
Ulibarri,
Hoopa
Tribe,
California
Michael
Duarte,
Pyramid
Lake
Paiute,
Nevada
Bessie
Lee,
Yurok
Tribe,
California
Usha
Little,
Native
American
Environmental
Coalition
Marshall
Chung,
Twenty
Nine
Palms,
California
Regional
Tribal
Operations
Committee
Kristin
Stephens
3
The
TERC
is
a
Tribal
President­
appointed
emergency
planning
organization
whose
members
are
drawn
from
the
emergency
response,
environmental,
and
health
fields.
The
LEPC
is
a
local
emergency
planning
organization
whose
members
are
drawn
from
governmental
and
nongovernmental
backgrounds,
including
elected
tribal
officials,
law
enforcement,
civil
defense,
firefighters,
public
health
personnel,
the
media,
community
groups,
and
regulated
facilities.

7
Science
Applications
International
Corp.,
Inc.

3.4
Effects
of
Less
Frequent
Collection
Not
applicable;
this
is
a
one­
time
collection.

3.5
Confidentiality
The
nature
of
the
data
being
gathered
as
part
of
this
information
collection
is
not
confidential;
however,
the
Status
Report
will
not
identify
individual
responders.
Only
the
identities
of
the
participating
jurisdictions
and
a
summary
of
the
compiled
responses
will
be
released.

3.6
Sensitive
Questions
The
survey
does
not
include
any
questions
regarding
sexual
behavior
or
attitudes,
religious
beliefs
and
other
matters
usually
considered
"
private,"
nor
does
it
violate
any
constitutional
rights.

4.0
THE
RESPONDENTS
4.1
Respondents
The
proposed
information
collection
is
directed
at
individuals
who
hold
leadership
positions
in
Tribal
Government
or
within
Tribal
Emergency
Response
Commissions.
It
is
anticipated
that
the
majority
of
respondents
will
have
positions
in
governmental
bodies.
3
4.2
Information
Requested
(
a)
Data
items,
including
record
keeping
requirements
The
proposed
collection
seeks
information
about
the
status
and
activity
level
of
TERCs,
and
LEPCs
and
their
satisfaction
with
products
and
services
provided
by
EPA
Region
IX.
Typically,
respondents
will
be
asked
for
information
such
as:

1)
For
the
year
2001
reporting
period,
approximately
how
many
facilities
submitted
chemical
inventory
forms
to
your
Tribal
Emergency
Response
Commission?
2)
How
many
residents
live
in
your
tribal
land?
3)
Does
your
jurisdiction
have
a
local
hazardous
materials
advisory
group
or
task
force?
4)
How
has
your
Tribal
Emergency
Response
Commission
made
inventory
8
information
available
to
members
of
the
public?
5)
Does
your
Tribal
Emergency
Response
Commission
charge
a
fee
for
public
requests?
6)
Approximately
how
many
requests
did
your
Tribal
Emergency
Response
Commission
receive
in
the
year
2001
from
members
of
the
public
for
access
to
or
release
of
chemical
or
toxic
inventory
information?

(
See
attached
questionnaire
for
the
complete
survey.)

EPA
Region
IX
will
retain
on
file
the
survey,
responses,
analyses,
and
reports.
This
survey
seeks
to
gauge
status
and
activity
level.
Therefore,
the
survey
should
not
require
respondents
to
search
existing
records
extensively
or
reformat
information
to
submit
to
the
Agency.
There
will
be
no
public
record
keeping
activities
under
this
ICR.

(
b)
Respondent
Activities
The
majority
of
respondent
activity
will
involve
answering
a
series
of
survey
questions
via
a
written
response.

(
c)
Written
Response
Survey
Process:

°
Read
instructions;
°
Complete
a
questionnaire;
°
Submit
responses
via
U.
S.
mail.

5.0
THE
INFORMATION
COLLECTED
5.1
Agency
Activities
Information
collection
activities
performed
under
this
ICR
will
require
EPA
engagement
(
See
Table
6.4)
including:

°
Develop/
design
survey
questionnaires;
°
Assemble
data
sources
for
approximately
30
days
prior
to
the
distribution
of
the
surveys
(
e.
g.,
mailing
lists);
°
30
day
internal
review
and
approval
of
questionnaires
prior
to
submission
to
OMB;
°
Review
results
and
draft
reports
for
approximately
15­
30
days
after
receiving
completed
surveys
from
respondents;
9
°
Set
up
a
master
respondent
database
60
days
prior
to
receiving
completed
surveys
from
respondents;
°
Answer
any
respondent
questions
to
the
surveys
within
an
administratively
practicable
period;
°
Audit
and
review
data
submissions
for
approximately
15­
30
days
after
receiving
completed
surveys
from
respondents;
°
Immediately
analyze
requests
for
confidentiality
and
provide
appropriate
protection;
and
°
Disseminate,
as
appropriate,
results
and
reports
to
interested
parties
(
internal
and
external)
within
an
administratively
practicable
time
frame.

EPA
Region
IX
staff
and
the
RTOC
tribal
workgroup
have
developed
the
survey
with
the
assistance
of
a
contractor.
The
contractor
will
conduct
the
survey.
The
contractor
will
compile
survey
data
and
provide
a
summary
report
(
which
excludes
respondent
names)
to
EPA
Region
IX.
EPA
Region
IX
staff
will
review
and
approve
the
summary
reports.
These
results
will
be
included
in
accomplishment
reports
and
GPRA
reporting.
As
appropriate,
EPA
Region
IX
will
share
the
results
with
interested
parties
including
survey
participants.

5.2
Collection
Methodology
and
Management
EPA
Region
IX
will
distribute
the
questionnaires
to
the
tribal
participants
by
U.
S.
Mail.
The
participants
may
respond
electronically
or
return
a
hard
copy
to
EPA
Region
IX
via
U.
S.
Mail.
The
contractor
will
contact
by
telephone
the
participants
who
have
not
responded
within
fifteen
(
15)
days.
EPA
Region
IX
will
respond
to
any
questions
that
the
participants
have
about
the
survey
immediately.
EPA
Region
IX
will
monitor
the
progress
of
the
survey
through
frequent
contact
with
and
periodic
progress
reports
from
the
contractor.

The
contractor
will
ensure
the
accuracy
and
completeness
of
collected
information
by
reviewing
each
survey
submitted.
EPA
Region
IX,
in
conjunction
with
the
contractor,
will
enter
the
information
submitted
by
the
respondents
into
a
database
and
aggregate
the
data
obtained
from
these
surveys
to
monitor
the
progress
of
respondents
in
this
project.
The
database
will
only
be
accessible
to
EPA
Region
IX
staff
and
the
contractor.
However,
with
the
information
taken
from
the
database,
EPA
Region
IX
hopes
to
facilitate
the
transfer
of
information
between
EPA
Region
IX
and
Tribal/
local
organizations.
The
contractor
has
pre­
tested
the
database
to
ensure
its
viability.

The
collection
of
information
will
require
minimal
labor.
The
database
collection
program
used
to
process
the
data
will
act
to
increase
collection
efficiency
while
providing
the
least
amount
of
burden
to
respondents
and
the
Agency.

The
contractor
will
incorporate
quality
assurance
and
quality
control
(
QA/
QC)
techniques
to
ensure
data
quality
throughout
the
collection
process.
The
costs
of
the
QA/
QC
processes
are
included
in
the
agency
burden
and
cost
estimates
in
Section
6.3.
4
Refer
to
Section
5.2
for
a
more
thorough
explanation
regarding
collection
methodology
and
management,
and
Section
6.4
for
estimates
of
the
respondent
universe
and
total
burden
costs.

10
5.3
Small
Entity
Flexibility
The
Regulatory
Flexibility
Act
(
RFA)
requires
that
the
EPA
prepare
a
regulatory
flexibility
analysis
for
any
rule
that
has
a
"
significant
economic
impact
on
a
substantial
number
of
small
entities."
The
survey
is
a
non­
rule
related
ICR;
therefore,
the
requirements
under
the
RFA
do
not
apply
to
this
ICR.

In
addition,
the
requirements
of
the
Small
Business
Regulatory
Enforcement
Fairness
Act
(
SBREFA)
of
1996
must
also
be
considered.
13
CFR
Part
121
codifies
the
Small
Business
Administration's
size
eligibility
provisions
and
standards.
The
proposed
survey
is
targeted
at
tribal
emergency
planning
organizations,
each
of
which
does
not
meet
the
definition
of
a
"
small
government
jurisdiction"
in
accordance
with
Section
601
of
the
Regulatory
Flexibility
Act
(
RFA);
therefore,
establishing
differing
requirements
and/
or
exemptions
from
coverage
are
not
practicable.
EPA
Region
IX
has
worked
closely
with
RTOC
which
includes
membership
from
each
Tribe,
in
the
development
of
the
survey
questions.
4
The
perception
of
burden
is
inherently
reduced
because
participation
in
this
information
collection
is
voluntary,
which
will
be
clearly
stated
at
the
beginning
of
the
survey.

5.4
Collection
Schedule
Participants
will
be
asked
to
respond
to
the
survey
within
twenty­
one
(
21)
calendar
days
after
receipt.
During
the
following
nine
(
9)
day
period,
the
contractor
will
call
the
participants
that
have
not
responded
in
order
to
encourage
a
response.
The
survey
will
conclude
thirty
(
30)
days
after
the
survey
is
initially
mailed.

6.0:
ESTIMATING
THE
BURDEN
6.1
Respondent
Burden
The
survey
is
the
least
burdensome
means
of
collecting
needed
information,
and
EPA
Region
IX
determined
the
mail­
in
questionnaire
would
be
the
best
approach
following
consideration
of
other
options:

°
Conference
or
workshop
­
time
consuming
and
usually
expensive
for
participants
°
Telephone
survey
­
expensive,
time
consuming
for
collecting
agency
and
subject
to
delays
because
of
failure
to
contact
respondent
on
"
first
try"
°
Teleconferencing
­
complex
setup,
time
consuming
and
participants
must
have
access
to
specialized
equipment
°
Electronic
survey
­
many
tribes
do
not
have
access
to
adequate
computer
hardware.
11
In
accordance
with
Federal
Law,
EPA
Region
IX
is
required
to
estimate
any
burden
incurred
by
the
respondents
to
maintain
records,
transmit
or
disclose
information
to
parties
other
than
the
implementing
agency,
including
the
burden
and
costs
that
these
third
parties
incur
to
maintain
files
or
reroute
the
information
that
they
receive.
This
survey
will
not
burden
any
third­
parties;
therefore,
the
only
identification
and
estimate
of
burden
rely
on
the
voluntary
response
by
each
respondent.

The
burden
imposed
on
the
participants
is
inherently
reduced
because
participation
is
voluntary.
This
is
clearly
stated
within
the
contents
of
the
survey
questionnaire.
Also,
any
communications,
including
those
made
at
any
introductory
events,
will
emphasize
that
participation
is
voluntary.

It
is
estimated
that
there
will
be
one­
hundred
and
forty­
five
(
145)
respondents
to
the
EPCRA
and
RMP
Implementation
Status
Questionnaire
for
Tribal
Emergency
Response
Commissions
and
Local
Emergency
Planning
Committees.
EPA
Region
IX
estimates
a
total
response
burden
of
two
(
2)
hours
per
participant.
As
shown
in
Table
6.1
below,
EPA
is
allowing
for
e­
mail
responses
at
tribal
discretion.
To
account
for
responses
in
excess
of
the
estimate
(
20%),
burden
time
of
two
hours
is
used
throughout
the
projection
regardless
of
the
method
chosen
for
responding.

Survey
type
Estimated
number
of
respondents
Estimated
time
in
hours
Estimated
total
time
in
hours
Via
email
29
(
20%)
2.0
58
Written
116
(
80%)
2.0
232
Totals
145
2.0
290
Table
6.1
Respondent
Burden
6.2
Respondent
Costs
(
a)
Labor
Costs
This
is
a
non­
rule
related
ICR.
Therefore,
the
costs
of
labor
to
perform
functions
related
to
the
collection
of
information
reflect
the
opportunity
costs
of
labor
(
i.
e.,
labor
rates
based
on
employer
costs,
including
fringe
benefits
such
as
paid
leave,
insurance
benefits,
unemployment
insurance,
Social
Security
and
minimal
overhead
costs).
Labor
costs
for
responding
is
estimated
at
$
28.00
per
hour,
based
on
the
"
Employer
Cost
for
Employment
Compensation"
(
Bureau
of
Labor
and
Statistics
(
BLS),
March
1999).
The
labor
cost
is
based
on
BLS's
employer
costs
per
hour
worked
for
employee
compensation
and
costs
as
a
percent
of
total
compensation
for
tribal
and
local
government
officials,
by
selected
characteristics,
which
includes
wages,
salaries
and
fringe
benefits.
The
BLS
information
presents
data
for
the
two
major
occupational
groups
in
tribal
and
local
governments;
white­
collar
occupations,
largely
professional
occupations,
service
occupations
and
one
major
industry
group,
services.
The
service
industries,
which
include
health
and
educational
services,
employ
a
large
part
of
the
tribal
and
local
government
workforce.
The
BLS
data
12
incorporates
pretax
cash
wages,
the
implicit
hourly
value
of
fringe
benefits,
and
the
cost
of
overhead/
miscellaneous
support.

There
is
no
need
for
the
respondent
to
develop,
acquire
or
utilize
technology
systems
for
collecting,
validating
or
verifying
information,
"
adjusting
the
existing
ways
to
comply
with
any
previous
applicable
instructions
or
requirements,"
"
training
personnel
to
be
able
to
respond
to
a
collection
of
information,"
nor
a
need
for
respondents
to
keep
records.
Burden
activities
include
only
a
few
steps:
Reading
instructions,
reading
survey
questions,
responding
to
survey
questions,
and
if
needed,
supporting
materials
photocopied
and
attached
to
the
survey.
The
average
cost
per
respondent
is
estimated
at
$
56.00.

Survey
Type
Total
burden
hours
Cost
per
hour
Total
cost
Number
of
respondents
Cost
per
respondent
via
email
58
$
28.00
$
1,624.00
29
(
20%)
$
56.00
Written
232
$
28.00
$
6,496.00
116
(
80%)
$
56.00
Totals
290
$
8,120.00
145
(
100%)
$
56.00
Table
6.2
Respondent
Costs
(
b)
Capital,
Operations
and
Maintenance
Costs
The
respondent
needs
no
capital
expenditures
to
complete
the
survey.
Operating
and
maintenance
(
O&
M)
costs
are
those
costs
associated
with
a
paperwork
requirement
incurred
continuously
over
the
life
of
the
ICR.
The
GPRA
defines
them
as
"
the
recurring
dollar
amount
of
cost
associated
with
O&
M
or
purchasing
services."
Because
these
surveys
will
not
involve
record
keeping
or
annual
responses
recurring
over
the
life
of
the
ICR,
there
will
be
no
annual
O&
M
costs
other
than
initial
photocopying
costs
to
provide
Region
IX
with
the
minimal
attachments
asked
for
in
the
survey.
It
is
estimated
that
clerical
staff
will
be
able
to
perform
this
function
and
the
costs
would
not
be
more
than
a
one­
time
$
5.00
O&
M
cost.

(
c)
Capital/
Start­
up
vs.
Operating
and
Maintenance
(
O&
M)
Costs
No
operating
and
maintenance
costs
(
ongoing
non­
wage
expenditures)
are
needed
to
complete
the
survey.
In
addition,
there
is
not
a
requirement
for
any
respondent
to
expend
any
start­
up
capital
to
complete
the
survey.

(
d)
Annualizing
Capital
Costs
Not
applicable.
There
are
no
capital
costs
for
the
Tribal
respondents.

6.3
Agency
Burden
and
Cost
13
To
perform
EPA's
activities
for
the
survey,
EPA
Region
IX
estimates
that
80
hours
of
one
federal
employee
at
the
GS­
13,
Step
4
level
will
be
needed,
at
an
hourly
wage
of
$
52.85.
This
estimate
is
based
on
the
1999
General
Services
Annual
Pay
Schedule
(
taken
from
the
U.
S.
Office
of
Personnel
Management,
Locality
Hourly
Pay
Table)
divided
by
2,080
hours
per
year
and
multiplied
by
1.6
(
the
standard
government
benefits
multiplication
factor).
EPA
Region
IX
estimates
that
the
federal
employee
will
work
4.6%
of
the
employee's
time
on
this
project
during
the
life
of
the
survey
(
48
weeks)
or
approximately
88
hours
(
1,920
hours
x
.046),
for
an
estimated
cost
to
manage
this
project
of
$
4,650.80.

A
contractor
will
assist
EPA
in
the
survey.
The
budget
period
is
for
12
months.
Funding
covers:
Survey
design
and
planning;
development
of
sampling
plans;
data
collection
and
processing;
quality
control
of
data;
analyzing;
reporting;
and
any
additional
miscellaneous/
overhead
costs.
EPA
estimates
that
the
contractor,
Science
Applications
International
Corporation,
will
require
an
estimated
total
of
183
hours
at
a
fixed
cost
of
$
10,000.00
in
order
to
perform
these
activities.

The
total
agency
burden
is
$
14,650.00.

6.4
Respondent
Universe
and
Total
Burden
and
Costs
Region
IX
estimates
that
145
respondents
will
voluntarily
respond
to
the
survey
at
a
total
burden
of
290
hours
and
a
total
cost
of
$
8,120.00.
EPA
Region
IX
estimates
20%
of
the
respondents
will
respond
to
the
survey
via
electronic
mail,
and
80%
are
anticipated
to
respond
via
regular
mail.

6.5
Bottom
Line
Burden
Hours
and
Costs
(
a)
Respondents
Hours
and
Costs:

Survey
Type
Number
of
respondents
Total
burden
hours
Total
cost
via
email
(
20%)
58
$
1,624.00
Written
(
80%)
232
$
6,496.00
Totals
(
100%)
380
$
8,120.00
Table
6.3
Bottom
Line
Burden
Hours
and
Costs
(
Respondents)
14
(
b)
Agency's
Hours
and
Costs:

Totals
Labor
Type
Total
Amount
Labor
Cost
GS
13,
Step
4
$
4,650.80
Contractor
10,000.00
Totals
$
14,650.80
Table
6.4
Bottom
Line
Burden
Hours
and
Costs
(
EPA/
Contractor)

6.6
Reasons
for
Change
in
Burden
Not
applicable.

6.7
Burden
Statement
Public
reporting
burden
for
this
collection
of
information
is
estimated
to
average
two
(
2)
hours
per
response,
including
the
time
for
reviewing
instructions,
gathering
information,
and
completing
and
reviewing
the
collection
of
information.
This
estimate
includes
time
to
gather
information,
complete
the
survey
and
photocopy
any
attachments
indicated
in
writing
on
the
survey
by
the
respondent.

Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
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;
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.
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.

Send
comments
regarding
the
EPA's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden
including
the
use
of
automated
collection
techniques,
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
401
M
St.,
S.
W.,
Washington,
D.
C.
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Include
the
EPA
Information
Collection
Request
(
ICR)
number
in
any
correspondence.
