         Supporting Statement Draft for Information Collection Request
                 EPA ICR No. 2566.01, OMB Control No. 2050-New
1.        IDENTIFICATION OF THE INFORMATION COLLECTION
1(a) Title of the Information Collection: 
The 2017 Survey About Hazardous Substance Handling and Storage Procedures and Associated Costs
1(b) Short Characterization:
The Clean Water Act (CWA) Section 311(j)(1)(C) directs the U.S. Environmental Protection Agency (EPA) to issue regulations "establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of ... hazardous substances ... from non-transportation related onshore facilities, and to contain such discharges."  In addition, Section 304(e) of the Act authorizes the Administrator to publish regulations to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage... which may contribute significant amounts of toxic and hazardous pollutants to jurisdictional waters.
EPA proposed requirements to prevent the discharge of designated Clean Water Act hazardous substances (CWA HS; 40 CFR116.4) from facilities subject to permitting requirements under the National Pollutant Discharge Elimination System (NPDES) of the Clean Water Act in 1978 (43 Fed. Reg. 39276), but the regulations were never finalized.   The proposed rule was published concurrently with the regulations under section 402 of the Act (SPCC Plans; 40 CFR Part 125, Subpart L). 
On July 21, 2015, several parties filed a lawsuit against EPA for failing to establish regulations of hazardous substances under CWA 311(j)(1)(C).  According to a settlement agreement reached in that case and filed with the United States District Court, Southern District of New York, on February 16, 2016, EPA is required to sign a proposed rulemaking no later than June 16, 2018; this date is partly based on a 10-month extension to account for EPA publishing a Federal Register Notice regarding the collection of information.
2.	NEED FOR AND USE OF THE COLLECTION 
2(a)	Need/Authority for the Collection
Numerous types of facilities (e.g., chemical manufacturing, consumer products, metals industry, textiles) produce CWA hazardous substances or use them as raw materials to generate more complex chemicals and products used by industry and consumers.  The EPA is developing a proposed regulatory action to address CWA hazardous substances under CWA 311(j)(1)(C), and additional information is needed regarding procedures, methods and equipment and other requirements (e.g., best management practices) to prevent and contain discharges of CWA hazardous substances from non-transportation-related onshore and offshore facilities landward of the coastline.  Additional information about impacts of historic CWA hazardous substances discharges (e.g., fish kills, drinking water system impacts) is also needed to augment impacts data available in the USCG National Response Center (NRC) database. This information will be used to support decisions and cost benefit analyses required for a rulemaking. Thus, it is necessary to collect specific information reported to states, tribes, and territories (e.g., State Emergency Response Commissions (SERCs)) by facilities that produce, use, process, store, or distribute CWA hazardous substances to assess regulatory approaches. The survey instrument will collect information necessary to assist EPA in verifying and refining the universe of facilities potentially affected by a proposed regulatory action. It is also necessary to collect data and information pertaining to impacts (e.g., to downstream drinking water intakes, fish kills) caused by CWA HS discharges, since these impacts are not typically documented in available sources like the NRC database.  
2 (b) Practical Utility/Users of the Data 
This collection will be used to support a regulatory action under CWA 311(j)(1)(C). EPA will use the information to refine an estimate of the number of potentially regulated facilities and to more accurately estimate the potential costs and benefits of a regulatory action. EPA also intends to identify and evaluate existing state requirements to prevent discharges of hazardous substances to surface waters, to identify facilities/equipment subject to these state requirements and to help inform any regulatory action. This information will also be used to identify regulatory controls that may need to be addressed by the proposed rule and assist in estimating the regulated universe.
3.  NON DUPLICATION, CONSULTATION, & OTHER COLLECTION CRITERIA
3(a) Non-duplication 
One of the major goals of this survey is to ensure that any proposed regulation by the agency minimizes duplication of existing regulatory requirements related to prevention and control of discharges of hazardous substances to CWA 311 jurisdictional waters.  As part of this effort, we are requesting information on existing spill prevention programs and spill impacts at the state level that otherwise are not available to EPA. This will assist the agency in conducting analyses that help identify facilities/equipment subject to these state requirements, to assist in estimating the potentially regulated universe, and to better identify regulatory controls that may need to be addressed by the proposed rulemaking. 
Much of the information requested is available only to states, tribes, and territories, and is not routinely provided to the federal government. For example, EPCRA section 304 requires follow up reports to be submitted directly to states, to provide additional information about emergency releases reported to the NRC. These reports may contain information about the impacts of CWA HS discharges, which could allow EPA to better quantify impacts from these events and, for example, improve the cost benefit analysis for the CWA 311(j)(1)(C) rulemaking.  
State, tribal, and territorial agencies may have other information and reports submitted under their respective jurisdictional authorities, which would be helpful to EPA. Due to the voluntary nature of the survey and the flexibility of the survey language, states, tribes, and territories have the discretion to provide only information not already available to EPA, which would be useful to EPA in conducting the rulemaking. 
3(b) Public Notice Required Prior to ICR submission to OMB
This ICR is being submitted to the Office of Management and Budget (OMB) as required by the Paperwork Reduction Act of 1995 (PRA) and the subsequent rule issued by the OMB on August 29, 1995 (60 FR 44978). In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency has notified the public of the proposed ICR through the Federal Register on September 21, 2017 (Federal Register / Vol. 82, No. 182) [EPA - HQ - OLEM - 2017 - 0444; FRL - 9967 - 75 - OLEM] (Attachment 1)
3(c) Consultations
To estimate the respondent burden associated with this ICR, EPA contacted a random sample of seven states that have collection authority for Emergency Planning and Community Right to Know Act (EPCRA) Tier II ("Tier II") facility data under Section 312. The selected states (listed below) were given the proposed information collection request instrument.  The complete list of state/territorial contacts are detailed at https://www.epa.govepcra/state-tier-ii-reporting-requirements-and-procedures
1. California (R9)	2.  Connecticut (R2)	3. Delaware (R3)
4. Massachusetts (R1)	5.  Maryland (R3)	6. North Dakota (R8)
7.Texas (R6)	
3(d) Effects of Less Frequent Collection
This effort reflects a one-time collection via a voluntary survey requesting that the state, territorial, or tribal agency with Tier II collection authority respond to EPA's information request on the number and type of Tier II facilities, the CWA HS associated with them, and the recent history of impacts from accidental discharges to surface waters. This information is critical to better understanding and quantifying the universe of potentially affected facilities that may produce, store, or use CWA HS, as well as the extent of the impacts caused by recent discharges of CWA HS to surface waters. Because this is a one-time information collection, the agency could not consider potential impacts of less frequent information collection.
3(e) General Guidelines
This ICR adheres to the guidelines for Federal data requestors, as provided at 5 CFR 1320.6.
3(f) Confidentiality
All information submitted to the agency in response to the ICR surveys will be managed in accordance with applicable laws and EPA's regulations governing treatment of confidential business information at 40 CFR Part 2, Subpart B. Any information determined to constitute a trade secret will be protected under 18 U.S.C. § 1905.
3(g) Sensitive Questions
Security issues related to Tier II data (e.g., in the context of potential threats to facility security) will increase the likelihood that States will provide data that is not aggregated (e.g. Tier II facility data may not have associated location (GIS) data). They may also decide not to respond, or to only provide partial data since this survey is voluntary. The former will result in an overestimate of the potentially affected facilities as it will increase uncertainty associated with the number of potentially regulated facilities based on proximity to jurisdictional waters since facility location is unknown, whereas the latter will impact the accuracy of agency's estimate of the facility universe requiring a surrogate measure rather than a direct count from a state, territory, or tribe that does not respond.  
4.	RESPONDENTS AND THE INFORMATION REQUESTED
4(a) Identification of Potentially Affected Facilities/Respondents
Methodology:  
The Agency has designated Emergency Response Commissions (ERC) for states, territories, and tribes (SERCs and TERCs) as respondents for the purposes of the ICR. A SERC is an ERC in any State of the United States, the District of Columbia, and US territories (the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Marianas Islands). A TERC (or tribal SERC) is an ERC for an Indian Tribe under whose jurisdiction facilities on tribal lands must report. The chief executive officers of federally recognized Tribes appoint Tribal Emergency Response Commissions (TERCs), responsible for carrying out the provisions of EPCRA in the same manner as State Emergency Response Commissions (SERCs). In the absence of a SERC for a State or Indian Tribe, the Governor or the chief executive officer of the tribe, respectively, shall be the SERC or TERC (55 FR 30632). Alternatively, Tribal leaders can join a Tribal Coalition which functions as the TERC, or establish a Memorandum of Understanding with a state to participate under the SERC. Where there is a cooperative agreement between a state and a tribe, the SERC shall be the entity identified in the agreement. https://www.gpo.gov/fdsys/pkg/CFR-2016-title40-vol30/pdf/CFR-2016-title40-vol30-part355-appA.pdf
EPCRA reporting requirements are established in 40 CFR part 370 for providing the public with information on the hazardous chemicals (including all CWA HS) in their communities.  EPCRA Section 312 requires SERCs and TERCs to collect and disseminate information (to the public) detailing the amounts, storage conditions, and locations of hazardous chemicals and extremely hazardous substances (EHS) from facilities that produce, store, or use these chemicals in excess of reportable quantities. All CWA hazardous substances in 40 CFR § 116.4 are also EHS under EPCRA (40 CFR 355 Appendices A and B), and must be reported to a SERC or TERC if reporting thresholds are exceeded.
For the purposes of this ICR, the respondent universe will consist of SERCs located in the 50 states, the District of Columbia, the five recognized U.S. territories (Puerto Rico, Guam, USVI, American Samoa, and the Marianas Islands), and 31 tribal "ERCs" for a total of 87 potential respondents.
There are currently 573 Indian tribes that are federally recognized and eligible for funding and services from the Bureau of Indian Affairs (BIA). However, it is unknown if any of these tribes have established TERCs individually, through tribal coalitions or through MOUs with states allowing SERCs to act on their behalf.  Thirty-one tribes have requested that they receive information and updates periodically issued by EPA to SERCs and TERCs related to implementation of EPCRA. EPA used this number (31) to estimate the burden on tribes for response to this voluntary survey.  Also, SERCs may not have direct access to spill impact information related to fish kills or drinking water intakes requested on the ICR, and may have to contact other state agencies for this information. For the purposes of burden calculation associated with this ICR, EPA assumes that the SERC will facilitate contact with the appropriate state agency to get the information, and will provide it, if available. Burden estimates associated with facilitation and responses by other state agencies were collected from 3 of the 7 respondent states as part of the consultation and are incorporated into respondent burden estimates below.
4(b) Information Requested
The information requested in the ICR is intended to help accomplish three objectives: first, a conservative estimate of the universe of potentially affected facilities; second, assessment of recent CWA hazardous substance discharge history and impacts to health and the environment, and third, an assessment of existing state spill prevention programs.
 Questions 1-2 request facility and chemical information (private and government-owned facilities) available in state Tier II reporting databases. 
 Questions 3-6 request information regarding CWA hazardous substances discharge occurrence and impacts (i.e., drinking water supply and fish kills) and will assist the agency in developing impact analyses.
 Questions 7-8 request spill prevention and existing state program information which will assist the agency in refinement of cost/benefit and existing regulatory coverage analyses. 
A majority of the information requested is expected to be readily available from agency records, however, agency respondents may need to gather responses to various questions not contained in databases. They may also need to coordinate with other state/tribal/territorial agencies depending on where information resides, particularly information on impacts of chemical releases (e.g. water supply, fish kills), which may be available in agencies other than SERCs or TERCs.
Respondent Activities.  The activities a respondent will undertake to fulfill the requirements of the information collection are presented in Table 3 in Appendix 1. These include: 
 read survey instructions; 
 respond to survey questions about facilities and CWA HS; 
 if necessary, research various aspects of survey questions that may not be easily accessed through state databases; 
 perform final review of the compiled information, and 
 submit information to the EPA through electronic survey instrument. 
5.	AGENCY ACTIVITIES, METHODS, AND INFORMATION MANAGEMENT
5(a) Agency Activities
A list of activities that will be required of EPA is provided in Table 2 in Appendix 1. These include: i) develop electronic questionnaire/reporting form; ii) answer respondent questions; and iii) review and analyze responses.
5(b) Collection Methodology and Management
EPA will collect responses electronically or on paper, at the respondent's convenience. In collecting and analyzing the information associated with this ICR, EPA (or its contractors) will use personal computers, Microsoft Excel(C) based analysis. The EPA will review each submittal for accuracy, completeness, and relevance to the regulatory action, to the extent possible. The information collected pursuant to this ICR will be maintained electronically on secure EPA servers.  
5(c) Small Entity Flexibility
EPA does not believe that this survey will impact small entities. To the extent that a territorial or tribal ERC might be considered a small entity, this is a voluntary survey, so the tribe or territory would be free to determine if responding to the ICR would cause undue burden. 
5(d) Collection Schedule
5(d)(1) Notice of Intent
On September 21, 2017, the EPA published a notice in the Federal Register notifying the public of its intent to submit an information collection request (ICR), "Survey on Clean Water Act Hazardous Substances and Spill Impacts" (EPA ICR No. 2566.01, OMB Control No. 2050-New) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). EPA provided a 60-day public comment period in the notice, consistent with process guidance. At the close of the public comment period on November 20, 2017, EPA had received comments from 11 commenters, including five industry organizations, four anonymous commenters, one set of comments from a collaborative of 12 non-governmental organizations, and one set of comments from a consortium of state, tribal and local emergency response agencies.
Several commenters characterized the regulatory action this ICR is supporting as an expansion of the SPCC program and noted that SPCC provided adequate regulatory coverage for facilities associated with oil and gas production and storage. Two commenters thought that the ICR was valuable for obtaining information that could be used to improve the regulatory process, whereas several commenters thought that the information sought on the ICR was already available to EPA and therefore the collection would be duplicative. One commenter suggested several changes to the language of the questions to ensure that information collected was characterized appropriately. Some commenters suggested that EPA should ask more questions related to state spill prevention programs. EPA has developed written responses to the comments received (Attachment 3), and has made certain changes in response to recommendations received during the public comment period, reflected in an updated draft survey instrument (Attachment 2).
5(d)(2)
EPA anticipates issuing a notice in the Federal Register (FR) in February 2018 notifying the public that the survey is being reviewed by OMB. If OMB approves the survey, EPA will then issue another FR Notice notifying the public of the availability of the survey. The FR notice will request the voluntary participation of state, tribal, and territorial government agencies that collect data from facilities that produce, use, or distribute reportable quantities of designated CWA hazardous substances to complete and submit the survey within 45 days of receipt.  
6.	ESTIMATING BURDEN AND COST
6(a) Estimating Respondent Burden
The one-time burden estimate for reporting and recordkeeping requirements are presented below in Appendix 1, Table 1. These numbers were derived from estimates received during consultation with states during July-August 2017, and are based on the staff time needed to collect, sort, and transmit the data and information required for the eight questions making up the survey by the seven states consulted for this ICR. 
6(b) Estimating Respondent Costs
EPA used labor rates (hourly salary) reported by state agency respondents during the consultation process to estimate costs. Staff with EPCRA Tier II data collection authority, as well as staff from state water programs (e.g., drinking water and fish kill investigations) were queried since they collect or have access to the data necessary to most efficiently and effectively respond to the questions in the ICR. These rates were loaded using an overhead factor of 110%, consistent with other ICRs. The resulting loaded hourly mean rates for state agency staff ranged from $20.00 - $26.53 (mean - $21.65).  These values were taken from the Bureau of Labor Statistics Occupational Employment Statistics Survey Web site and reflect the latest values available (May 2016). To avoid underestimation of respondent burden, the highest reported hourly labor rate by any respondent was used. 
6(c) Estimating Agency Burden and Cost
The costs the Federal Government would incur are presented in Appendix 1, Table 2 below. Labor rates and associated costs are based on the estimated 2015 loaded hourly rates (labor rate plus 60% for overhead) of $88.30 for management personnel (GS- 15, step 5); $53.42 for technical personnel (GS- 12, step 5); and $30.11 for clerical personnel (GS-7, step 5). These labor categories and burden estimates were selected to be consistent with other ICRs.
6(d) Estimating the Respondent Universe and Total Burden and Costs
The potential respondent universe consists of 50 states and the District of Columbia, five territories, and up to 573 federally recognized tribes with EPCRA Tier II collection authority. EPA expects response rates to be above average (>50%) among state respondents since they are co-regulators. The response rates from tribal and territorial respondents is uncertain, although EPA will ensure these entities are informed about the release of the ICR through normal communication channels. A lower response rate may impact the potential to generalize results from respondents as representative of all potentially affected facilities. The burden hours associated with completion of the survey will vary depending on the availability and format of the data available at the state agency. The consultation results from up to nine states will be used to provide an estimate of the burden hours for the remainder of the states and territories.
6(e) Burden Statement
Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a Federal agency. This includes the time needed to review instructions; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. This ICR does not include any requirements that would cause the respondents to incur either capital or start-up costs. An agency may not conduct or sponsor, and a person is not required or requested to respond to, a collection of information request 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 part 15. 
6(f) Bottom Line Burden Hours and Cost Tables
      (i)	Respondent Tally
      The total estimated respondent burden hours and costs, presented in Table 1, Appendix 1, are calculated by summing the person-hours column and by summing the cost column.   The one-time burden and cost per state/territorial or tribal agency is estimated to be 87 hours and $1,835.00.  The total burden for respondents is calculated by first summing the total number of potential respondents from states/DC (51), territories (5) and tribes (573), and then multiplying the total by the consultation response rate (78%) is 490 respondents.  The total burden hours are calculated by multiplying the hours per survey by the total number of entities expected to respond to the survey equals 42,630 hours.  The total cost is calculated by multiplying the cost per survey by the total number of entities expected to respond to the survey equals $899,150.00
      (ii)	The Agency Tally:  The total line Agency burden and cost, presented in Table 2 of Appendix 1 is calculated in the same manner as the industry burden and cost. The estimated burden and cost is 260 hours and $18,354.00. 
      (iii)	Variations in the Annual Bottom Line:  This section does not apply as this is a one-time collection.
6(g) Reasons for Change in Burden
This is a one-time, voluntary information collection; therefore, this section does not apply.

Appendix 1.  Burden Estimate Calculations for Survey Respondents and EPA
Table 1:  One-Time Burden and Unit Costs for All Required Information Collection Activities from State, Tribal, and Territorial Agencies (Post-Consultation Estimate)
                                       
                                  Activity[1]
                                  Technical[2]
                                    $21.65
                                Supervisory[3]
                                    $26.53
                              Total Burden Hours
                         Total Cost/Task[4] (Agency) 
                                  Total Cost 
1.Read survey instructions
                                     0.25
                                     0.25
                                      0.5
                                    $12.04
                                     $941
2. Compile requested information and complete survey question 1.
                                      1.2
                                       0
                                      1.2
                                    $25.98
                                    $2,260
3. Compile requested information and complete survey questions 2[5].
                                See Footnote 5
                                       
                                       0
                                       
                                       0
4. Compile requested information and complete survey questions 3
                                      23
                                       0
                                     19.3
                                    $417.85
                                    $36,352
5. Compile requested information and complete survey question 4.
                                      50
                                       
                                      10
                                    $216.50
                                  $15,533[6]
6. Compile requested information and complete survey question 5.
                                     19.5
                                       0
                                      22
                                    $422.18
                                    $36,729
7. Compile requested information and complete survey question 6.
                                     27.9 
                                       
                                      28
                                    $606.20
                                    $52,739
8. Compile requested information and complete survey question 7.
                                       1
                                       
                                       1
                                    $21.65
                                    $1,883
9. Compile requested information and complete survey question 8.
                                       1
                                       
                                       1
                                    $21.65
                                    $1,883
5. Review compiled survey responses
                                       2
                                       1
                                       3
                                    $69.83
                                    $6,075
6. Submit information
                                       1
                                       0
                                       1
                                    $21.65
                                    $1,883
Burden Hours (per respondent)
                                                                             87
                                       
                                       
TOTAL Burden Hours
                                                                          7,569
                                       
                                       
Unit Cost Per Survey
                                                                         $1,835
                                       
TOTAL COST ICR
                 Assumes 100% Response Rate for 87 respondents
                                                                       $159,645

1 Responses to questions are broken out as activities since the unit time to respond to each question is highly variable depending on the availability and its format.  For activity 2 and 4, it is assumed that the respondents will submit databases for further EPA analysis.  Activity 3 will likely require some level of cross-referencing state databases that contain the information requested by the ICR.  
[2][,3] Respondents for this survey are state, tribal and territorial agencies with Emergency Response Commission (ERC) authority.  These
 agencies vary from emergency management to environmental management agencies.  Certain questions may need to be addressed by other agencies within a respective jurisdiction (e.g. Department of Natural Resources RE: fish kills) Based on this variability, the occupational descriptions and salaries of staff and managers vary.  For state agency technical staff level positions/labor rates, the Environmental Science and Protection Technician (19-4091; $21.43), and the Environmental Engineering Technician (17-3025; 23.97) were considered.  At the supervisory level, the Environmental Engineer (17-2081; $36.78), and the Emergency Management Director (11-9161; $31.06) was considered representative.  For the purposes of this supporting statement, the average labor rate was used for the technical staff category, since the salary range was small.  All agency labor rates include a multiplier of 1.6 to account for overhead and fringe benefit costs.  
[4] Cost per task reflects the mean cost for each task based on the mean of the salaries reported by each respondent for each survey question.   The costs reported are slightly different because not all of the states that were consulted responded to each question.
[5][,6] A detailed summary of the consultation burden estimate is provided in Appendix 2
[6] Six of the seven states that were consulted responded to this question; 1 state (TX) provided a burden estimate; 3 states indicated that they expected EPA or its contractor would obtain that information as part of the analysis for question 3 or an associated analysis; and 2 states indicated that the response would be covered by the state level of effort in answering question 3.  The burden estimate for this question is based on the total (50 hrs. X 21.65 = $1093 X 87 respondents = $95091.  We then adjusted this estimate cost by accounting for the proportion of respondents consulted that provided a burden estimate (1/6) = $95091 X 0.166 = $15785.

Table 2. One-Time Burden and Unit Costs for All Required Information Collection Activities:  EPA.
Survey Development Activities
                                 Agency Burden
                                       
                                       

                           (Hourly Wage1 and Hours2)
                       Total Response Hours per Activity
                         Total Labor Cost per Activity

                                   Technical
                                  Managerial
                                       
                                       

                                    $62.70
                                    $103.65
                                       
                                       
Publish FR Notice on ICR and Comment Response
                                      30
                                       1
                                      31
                                    $1,985
Develop Questionnaire
                                      40
                                       1
                                      41
                                    $2,612
Upload/Send Questionnaire
                                       2
                                       0
                                       2
                                     $125
Review & Analyze Responses3
                                      174
                                       0
                                      174
                                    $10,910
Tabulate Responses & Report Out
                                      20
                                       1
                                      21
                                    $1,358
Respondent Support Activities4
Answer Respondent Questions pertaining to survey
                                     21.75
                                       0
                                     21.75
                                    $1,364
Total
                                       
                                       
                                      260
                                    $18,354
 Labor rates for EPA personnel were used for all public-sector personnel, including employees of State agencies. Source for EPA labor rates: Department of Personnel Management, "Salary Table 2017-GS," https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2017/GS_h.pdf. For the managerial labor rate, level GS-15, step 5 was used; for the technical labor rate, level GS-12, step 5 was used. All agency labor rates include a multiplier of 1.6 to account for overhead and fringe benefit costs.  Contractor labor rates were assumed to be equivalent to EPA technical staff labor rates.
     For survey development activities (except survey review), management hours are assumed to be approximately 5 percent of technical hours.
     This estimate assumes that contractors will perform approximately 80% of the analysis of survey responses, with EPA technical staff performing approximately 20%.   The maximum number of surveys that EPA will receive is 87 based on survey participation form all respondents (50 states, the District of Columbia, 5 territories and 31 tribal ERCs).  EPA estimates it will take approximately 2 hours per respondent to review surveys.
 The Agency assumes that the average respondent (87 respondents) will have one question. A response to each question is estimated to require 0.25 technical hours, on average.





Appendix 2:  Summary of State Consultations:
EPA randomly selected 9 states for consultation; 7 states were able to participate in the timeframe selected for the consultation (California, Connecticut, Delaware, Massachusetts, Maryland, North Dakota, and Texas) for consultation based on best professional judgement as permitted by the ICR process (Paperwork Reduction Act) to obtain burden estimates for time and costs to respondents participating in the upcoming ICR.  The participation rate for states was ~ 78%; by extension, one would expect approximately 38 states to participate in the voluntary information collection request. Tribes and U.S. territories were not selected to participate in the consultation, so the response rate for these entities is uncertain.
EPA worked with Regional EPCRA Tier II program contacts to obtain State Agency points of contact (POCs) (Appendix 4) to initiate the consultation process with states. The ICR survey questions were distributed to the states, followed by a short informational call to explain the consultation process, and answer questions prior to initiating the consultation. EPA initiated consultation with selected states on July 10th, 2017 and completed information collection on August 8th 2017.
EPA received at least partial information on burden estimates for the eight ICR questions from seven states. Two states (KY and OH) declined to participate in the consultation process.
Summary of Information Received:
Facilities with CWA hazardous substances
1) How many EPCRA Tier II (40 CFR Part 312) facilities in your state/territory reported having CWA HS onsite at some point throughout calendar year 2016 (or most recent year for which the state has final (QA/QC completed) data? Which CWA HS did each facility report? 
Please provide the names/address or GIS data/facility ID/CWA HS reported (i.e., chemical name, CAS, maximum weight onsite.) If possible, please provide this information by submitting a database (or url if available via the internet), or a portion of a database with the relevant information, in electronic format (e.g., Excel)
State Summary:  
5/7 states provided burden estimates and/or data (EPCRA Tier II databases) for this question.
4/5 states just provided the data with the expectation that EPA or its contractor would perform assessment to filter out the data necessary to respond to the question.  If states just provided database, a default assumed burden of 30 min (0.5 hrs) was assumed for accessing database and sending it to EPA electronically or via mail (disk provided).  
Burden Estimate:
Time  -  Mean = 1.2 hrs (0.5  -  4 hrs)*
Cost  -  Mean = $23.27/hr ($20.00  -  $26.53)
*Massachusetts provided a database, but indicated that it would take approximately 30 staff hours to filter data and provide EPA with a response if done at the agency.
2).  Based on the list of facilities provided in question # 1, are any of these facilities owned/operated by state or local governments?
State Summary:
6/7 states responded to this question; 2 indicated that the response would be covered by the LOE in answering question 1, whereas the other 4 states indicated that EPA would be able to obtain that information as part of the analysis for question 1 or an associated analysis
Burden Estimate:
Time and Cost covered through LOE response to #1, or borne by EPA/contractor in database filtering process.
Accident History  
3) Do you have an accident reporting database that contains information about accidental discharges of CWA HS to waterways in your state or territory?
[If no, then skip to Question 5] 
[If yes, then] Please provide a copy of this database and skip to question 5
[If respondent has a database and chooses not to provide it] Please provide the following information:
State Summary:  
6/7 states provided burden estimates and/or data (spill databases) for this question.
3/6 states just provided the data with the expectation that EPA or its contractor would perform assessment to filter out the data necessary to respond to the question.  If states just provided database, a default assumed burden of 30 min (0.5 hrs.) was assumed for accessing database and sending it to EPA electronically or via mail (disk provided).  
Burden Estimate:
Time  -  Mean = 23 hrs. (0.5  -  60 hrs.)
Cost  -  Mean = $20.93/hr. ($20.00  -  $21.86)
4)  How many discharges to water of CWA HS were reported in each calendar year for the past 10 years (2007-2016)?  For all discharges please list the CWA HS(s) involved and the (estimated) amount, if documented.
State Summary:
6/7 states responded to this question; 1 state (TX) provided a burden estimate, 3 states indicated that they expected EPA/contractor would be able to obtain that information as part of the analysis for question 3 or an associated analysis, and 2 states indicated that the response would be covered by the LOE in answering question 3. 
Burden Estimate:
Time  -  50 hrs 
Cost  -  $21.86/hr
5) What is the number of times that a public water system intake has been affected (e.g., alert or advisory issued, shut down, etc.) in your state or territory due to a discharge of a CWA HS to surface waters? Please provide annual numbers by calendar year from 2007-2016. For each occurrence, please list the CWA HS(s) involved, the (estimated) amount, if documented, and any impacts/actions taken.
State Summary:  
4/7 states provided burden estimates to this question.
Burden Estimate:
Time  -  Mean = 19.5 hrs. (2  -  50 hrs.)*
Cost  -  Mean = $20.93/hr. ($20.00  -  $21.86)
6) How many fish kills have been attributed to a discharge of a CWA HS to surface waters?  Please provide any reports available from 2007-2016. For all fish kills, please list the CWA HS(s) involved and the (estimated) amount, if documented.
State Summary:  
6/7 states provided burden estimates to this question.
Burden Estimate:
Time  -  Mean = 27.9 hrs. (2  -  80 hrs)*
Cost  -  Mean = $21.29/hr. ($20.00  -  $22.00)
Regulatory Controls/Provisions
7) Does your state have regulations/provisions relating to spill prevention requirements for CWA hazardous substances? If so, please provide a citation to these requirements and a link. [If no, end survey]
State Summary:  
1/7 states provided burden estimates to this question.
Burden Estimate:
Time  -  1 hr.
Cost  -  $21.65
8) If you have a database of facilities or equipment subject to the requirements in question 7, please provide a copy.
State Summary:  
1/7 states provided burden estimates to this question.
Burden Estimate:
Time  -  1 hr.
Cost  -  $21.65
Average Estimate Cost Method:
To determine the most realistic estimate of burden to respondents for this survey, EPA averaged the burden estimates provided by respondents for each question.  EPA also averaged responses for hourly salary to calculate an average hourly salary cost. EPA used this method particularly for questions 1-4, since over 50% of the respondents consulted informed EPA that they would provide EPA with the raw data with the expectation that EPA would do the data reduction and analysis necessary to complete the response, effectively transferring the burden to EPA.  
Question		Average (Range) Time Burden	Average/(Range) Hourly Salary 	
Read Survey		0.5 hrs					21.65
1			1.08 (0.5*  -  4.0) hours		$21.65	($20.00 - $26.53)
2			0.5**					$21.65 (No salary info provided)
3			19.3 (0.5  -  60)				$21.65	($20.00 - $21.86)
4			10 (0.5  -  60)				$21.65	($21.86)
5			22 (2  -  60)				$21.65 ($20.00 - $21.86)	
6			28 (2  -  80)				$21.65 ($20.00 - $22.00)	
7			1					$21.65 (No salary info provided)
8			1					$21.65 (No salary info provided)
In addition 3 hrs./respondent were allocated to internal review of the submission, and 1 hr./respondent to facilitate delivery of survey response(s) to EPA.
* Several states provided raw data for questions 1 (4/7) and 3 (3/7).  The assumed default burden for providing a database in this analysis is 0.5 hrs.  
** For question two, 6/7 respondents stated that the level of effort (burden) to respond to this question would be part of the burden for the response to # 1; 5/7 states responded similarly to question #4, with respect to the burden for the response being incorporated in the response to question # 3.
Calculation of total estimated burden and cost for this ICR:
Calculate total average estimated burden/survey:  sum average time estimates recorded for each of 8 questions

∑(0.5 + 1.2 + 0 + 19.3 + 10 + 22 + 28 + 1 + 1 + 3 +1) = 87 hrs/survey

Calculate Total Estimated Burden:  multiply average time/survey x total number respondents (states and territories)

87 hrs./survey X 87 respondents (50 states/Washington DC, 31 tribal ERCs and 5 territories) = 7569 hrs.

Calculate average cost/survey: multiply total hours X average hourly cost

87 hrs. X $21.65/hr. = $1,883.55/respondent.  Round to $1,883.00/respondent.

Calculate Total Cost:  multiply average cost/survey x total number respondents (states and territories)

$1,883/survey X 87 respondents = $163,821.00.

Appendix 3.  State and Territorial Agency Point of Contact List 
State1
Phone
Tier II Administration
Website & POC/Email
Alabama
334-260-2700
Alabama Department of Environmental Management
kfc@adem.alabama.gov http://www.adem.state.al.us/MoreInfo/saraIII.cnt
Alaska
907-465-5242
Alaska Department of Environmental Conservation
https://ready.alaska.gov/SERC/Tier     Jason Seifert Jason.Seifert@alaska.gov
Arizona
602-771-4065
Arizona Emergency Response Commission
https://tier2.azserc.org/?ReturnUrl=%2Fdashboard                                                           Chris Nutter (nutter.chris@azdeq.gov)
Arkansas
501-683-6753
Arkansas Department of Emergency Management
http://www.adem.arkansas.gov
California
(916) 445-8348
California Emergency Management Agency
http://www.caloes.ca.gov/FireRescueSite/Pages/HazMat-Business-Plan.aspx               Ben Ho  cers@calepa.ca.gov
Colorado
303-692-3641
Colorado Department of Public Health and Environment
https://www.colorado.gov/pacific/cdphe/tier-ii-hazardous-chemical-inventory-reporting                                   Kendra Appelman-Eastvedt  cdphe.edtier2submit@state.co.us
Connecticut
860-424-3373
State Emergency Response Commission
http://www.ct.gov/serc/site/default.asp  dep.ctepcra@ct.gov Mr. Mark DeCaprio, SERC Administrator Office: (860) 424-3024 mark.decaprio@ct.gov
Delaware
302-739-9405
Emergency Prevention and Response Branch, DNREC
http://www.dnrec.delaware.gov/SERC/Services/Pages/HazardousChemicalInventoryReporting.aspx
District of Columbia
202-481-3169
Homeland Security & Emergency Management Agency
http://hsema.dc.gov                                  Patrice White (patrice.white@dc.gov)
Florida
850-413-9970
Florida Division of Emergency Management
http://www.floridadisaster.org/hazmat/SERC/EPCRA.htm                                                 Sam Brackett (sam.brackett@em.myflorida.com)
Georgia
770-387-4900
Georgia Environmental Protection Division
http://epd.georgia.gov/                                 Jerry R. Campbell (jerry.campbell@dnr.state.ga.us)
Guam
671 300-4788
Guam EPA

Mr. Walter S. Leon Guerrero walter.leonguerrero@epa.guam.gov
Hawaii
808-586-4249
Office of Hazard Evaluation and Emergency Response
http://eha-web.doh.hawaii.gov/eha-cma/Leaders/HEER/right-to-know-(hepcra)-compliance         heer@eha.health.state.hi.us
Idaho
208-258-6549
Idaho Office of Emergency Management
https://ioem.idaho.gov/Pages/HazardousMaterials/TierII.aspx       wharris@imd.idaho.gov
Illinois
217-558-0559
Illinois Emergency Management Agency
https://www.illinois.gov/iema/Preparedness/SERC/Pages/serc_tier2.aspx ema.tier2mgr@illinois.gov
Indiana
855-246-0065
Indiana Department of Homeland Security
http://in.gov/dhs/3893.htm SARATr2@dhs.in.gov
Iowa
515-725-0302
Iowa Department of Natural Resources
http://www.iowadnr.gov/Environmental-Protection/Land-Quality/Emergency-Planning-EPCRA/Chemical-Inventory-Reporting                                                           Ms. Elonda Bacon iowa.epcra@dnr.iowa.gov
Kansas
785-296-1688
Kansas Division of Health and Environment
Marla Oestreich (marla.oestreich@ks.gov)  http://www.kdheks.gov/radiation/indexRTK.html
Kentucky
502-607-5712
Kentucky Emergency Management (KYEM)
Tier2KYEM@gmail.com  http://kyem.ky.gov/Who%20We%20Are/Pages/KERC.aspx
Louisiana
225-925-6113
Louisiana State Police / Right-to-Know Unit
rtktier2@dps.state.la.us http://www.dps.louisiana.gov/lcnweb.nsf
Maine
207-624-4440
Maine Emergency Management Agency
maine.serc@maine.gov  http://www.maine.gov/mema/serc/serc_library.shtml
Maryland
410-537-3800
Maryland Department of the Environment
Patricia S. Williams (patricia.williams1@maryland.gov) http://mde.maryland.gov/programs/BusinessInfoCenter/Community%20Right%20To%20Know/Pages/BusinessInfoCenter/crtk/index.aspx  Patricia S. Williams (patricia.williams1@maryland.gov)
Massachusetts
508-820-2001
Massachusetts Emergency Management Agency
http://www.mass.gov/eopss/agencies/mema/resources/serc/
Nicholas J. Child MA MPA E-Mail: nick.child@state.ma.us                              (617) 574-6847  Office   (508) 965-6318  Cell
Michigan
517-284-7272
Michigan Department of Environmental Quality
http://www.michigan.gov/sara                        deq-sara@michigan.gov
Minnesota
651-201-7416
Minnesota Emergency Planning and Community Right-to-Know Act (EPCRA) Program
https://dps.mn.gov/divisions/hsem/epcra/Pages/default.aspx                                          Steve Tomlyanovich (Steve.Tomlyanovich@state.mn.us)
Mississippi
601-933-6369
Mississippi Emergency Management
http://www.msema.org/library-forms/tier-two-instructions/          bmaske@mema.ms.gov
Missouri
800-780-1014
Missouri Emergency Response Commission
https://hazmat.dps.mo.gov/                        Paul Kirchhoff (Paul.Kirchhoff@sema.dps.mo.gov)
Montana
406-444-4096
Montana Department of Environmental Quality
http://deq.mt.gov/DEQAdmin/Emergency/EmergencyResponseMark Hall (mahall@mt.gov)
Nebraska
402-471-4251
Nebraska Department of Environmental Quality
http://deq.ne.gov/NDEQProg.nsf/OnWeb/NEPCRA                                                            Mark Lohnes (mark.lohnes@nebraska.gov)
Nevada
775-687-7524
Nevada State Fire Marshal and State Emergency Response Commission
http://fire.nv.gov/bureaus/FPL/Hazmat/
New Hampshire
603-271-2231
NH Homeland Security and Emergency Management
NHTier2@dos.nh.gov
New Jersey
609-292-1305
New Jersey Department of Environmental Protection
Kelly Rzuczek http://www.nj.gov/dep/enforcement/opppc.html
New Mexico
505-476-0617
New Mexico Department of Homeland Security and Emergency Management
http://www.nmdhsem.org/Tier2.aspx   Daniela Bowman (Daniela.bowman@state.nm.us)
New York
518-292-2302
New York State Emergency Response Commission
http://www.dhses.ny.gov/oem/disaster-prep/index.cfm
North Carolina
919-436-2746
North Carolina Division of Emergency Management
http://www.ncdps.gov/hazardous-materials epcra@ncdps.gov
North Dakota
701-328-8112
North Dakota Division of Homeland Security
https://www.nd.gov/DES/planning/haz-chem/default.asp                                              Ray DeBoer (rdeboer@nd.gov)
Ohio
614-644-2269
Ohio Environmental Protection Agency
http://epa.ohio.gov/dapc/serc.aspx     Jeffery Beattie (jeffrey.beattie@epa.ohio.gov)
Oklahoma
405-702-1013
Oklahoma Department of Environmental Quality
http://www.deq.state.ok.us/LPDnew/saratitleiii/tierii.htm                                                 Tom Bergman (tom.bergman@deq.ok.gov)
Oregon
503-378-6835
Hazard Substances Information Survey, Office of State Fire Marshal, Community Right to Know Unit
http://www.oregon.gov/OSP/SFM/Pages/CR2K_Home.aspx             SFM.CR2K@state.or.us
Pennsylvania
717-783-5099
Department of Labor and Industry
http://www.dli.pa.gov/Individuals/Labor-Management-Relations/bois/tier-ii/Pages/Tier-II-(PATTS)-System.asp          Carol Freeman (cafreeman@pa.gov)
Puerto Rico
787-767-8181 ext. 3231
Puerto Rico State Emergency Response Commission (PR SERC)
http://www2.pr.gov/agencias/jca/areasprogramaticas/AreaRespuestaEmergenciasAmbientales/Pages/default.aspx     prserc@jca.pr.gov
Rhode Island
401-222-1360 x 7128
Rhode Island Department of Environmental Management
http://www.dem.ri.gov/programs/emergencyresponse/epcra.php       DEM.TIER2@dem.ri.gov
South Carolina
803-896-4113
DHEC
SCSERC EPCRA Reporting Point
http://www.scdhec.gov/Environment/AirQuality/ComplianceandReporting/TierII/Forms_Lists_Instructions/              Leepd@dhec.sc.gov
South Dakota
800-433-2288
South Dakota Dept. Environment and Natural Resources
http://denr.sd.gov/des/gw/SARATitleIII/Sara_Title_III.aspx                                                     Trish Kindt (Trish.Kindt@state.sd.us)
Tennessee
615-253-3157
Tennessee Emergency Response Council
https://erplan.net/eplan/home.htm epcra@tnema.org
Texas
512-239-5060
Texas Commission on Environmental Quality
https://www.tceq.texas.gov/permitting/tier2/                                   tier2help@tceq.texas.gov   (Hoyt Henry)
Utah
801-536-4100
Utah Division of Environmental Response and Remediation
http://www.deq.utah.gov/ProgramsServices/programs/cercla/emergencyplanning/tier2/index.htm
Vermont
802-479-7586
Tier II Compliance Program
Division of Fire Safety
http://demhs.vermont.gov/programs/epcra Todd Cosgrove (todd.cosgrove@state.vt.us)
US Virgin Islands
340-773-8050

Tier2submit@dpnr.vi.gov
Virginia
804-698-4000
Virginia Department of Environmental Quality
http://www.deq.virginia.gov/Programs/Air/AirQualityPlanningEmissions/SARATitleIII/SARA%C2%A7311%C2%A7312CommunityRighttoKnow.aspx                                                         va-epcra@deq.virginia.gov
Washington
800-633-7585
Community Right-to-Know Unit
http://www.ecy.wa.gov/epcra/  epcra@ecy.wa.gov;                                       Sadie Whitener (swhi461@ecy.wa.gov).
West Virginia
304-558-5380
West Virginia Office of Emergency Services
http://www.dhsem.wv.gov/SERCTIERII/Pages/Tier-II-Reporting-.aspx                             Melissa Buckley (melissa.d.buckley@wv.gov)
Wisconsin
608-242-3215
Wisconsin Emergency Management EPCRA Program Resources
https://whoprs.wisconsin.gov/submit/ dmawhoprs@wisconsin.gov
Wyoming
307-777-4906
Wyoming Office Homeland Security
http://wyohomelandsecurity.state.wy.us/serc.aspx   hls-wmd@wyo.gov;                          Mr. Rick Lopez (rick.lopez@wyo.gov)
[1] Consultation States are bolded

