[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12381-12382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05760]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0105; FRL-9975-67-OLEM]


Proposed Information Collection Request; Comment Request; 
Implementation of the Oil Pollution Act Facility Response Plan 
Requirements (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Oil Pollution Act 
Facility Response Plans--40 CFR part 112.20'' (EPA ICR No. 1630.13, OMB 
Control No. 2050-0135) to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act 
(PRA). Before doing so, EPA is soliciting public comments on specific 
aspects of the proposed information collection as described below. This 
is a proposed extension of the ICR, which is currently approved through 
August 31, 2018. 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.

DATES: Comments must be submitted on or before May 21, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0105 referencing the Docket ID numbers provided for each item in 
the text, online using www.regulations.gov (our preferred method), by 
email to [email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460.
    The EPA's policy is that all comments received will be included in 
the public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: J. Troy Swackhammer, Office of 
Emergency Management, Mail Code 5104A, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-
564-1966; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
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. 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. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: The authority for EPA's facility response plan (FRP) 
requirements is derived from section 311(j)(5) of the Clean Water Act, 
as amended by the Oil Pollution Act of 1990. EPA's regulation is 
codified at 40 CFR 112.20 and 112.21 and related appendices. All FRP 
reporting and recordkeeping activities are mandatory. This information 
collection request renewal has substantively changed from the last ICR 
approval (August 21, 2015) due to a reduction in the plan holder 
universe as a result of facility closures and reductions in storage 
capacities, rendering these facilities no longer subject to FRP 
requirements. The purpose of an FRP is to help an owner or operator 
identify the necessary resources to respond to an oil spill in a timely 
manner. If implemented effectively, the FRP will reduce the impact and 
severity of oil spills and may prevent spills because of the

[[Page 12382]]

identification of risks at the facility. Although the owner or operator 
is the primary data user, EPA also uses the data in certain situations 
to ensure that facilities comply with the regulation and to help 
allocate response resources. State and local governments may use the 
data, which are not generally available elsewhere and can greatly 
assist local emergency preparedness planning efforts. The EPA reviews 
all submitted FRPs and must approve FRPs for those facilities whose 
discharges may cause significant and substantial harm to the 
environment in order to ensure that facilities believed to pose the 
highest risk have planned for adequate resources and procedures to 
respond to a spill. (See 40 CFR 112.20(f)(3) for further information 
about the criteria for significant and substantial harm.) None of the 
information collected under the FRP rule is believed to be 
confidential. One of the criteria necessary for information to be 
classified as confidential (40 CFR 2.208) is that a business must show 
that it has previously taken reasonable measures to protect the 
confidentiality of the information and that it intends to continue to 
take such measures. The EPA has provided no assurances of 
confidentiality to facility owners or operators when they file their 
FRPs.
    Form Numbers: None.
    Respondents/Affected Entities: Entities potentially affected by 
this action are the owner or operator of a facility that is required to 
have a Spill Prevention, Control, and Countermeasure (SPCC) plan under 
the Oil Pollution Prevention regulation (40 CFR part 112) and that 
could cause substantial harm to the environment, and must prepare and 
submit an FRP to EPA. The applicability criteria for a substantial harm 
facility are: (1) The facility transfers oil over water to or from a 
vessel and has a total storage capacity of greater than or equal to 
42,000 gallons; or (2) the facility's total oil storage capacity is 
greater than or equal to one million gallons and one or more of the 
following harm factors are met: Insufficient secondary containment for 
aboveground storage tanks at the facility; a discharge of oil could 
impact fish and wildlife and sensitive environments; a discharge of oil 
could shut down a drinking water intake; the facility has experienced a 
reportable oil discharge of 10,000 gallons or more in last 5 years; or 
other factors considered by the Regional Administrator. (See 40 CFR 
112.20(b)(1) and (f) for further information about the criteria for 
substantial harm.)
    Respondent's Obligation to Respond: Mandatory under section 
311(j)(5) of the Clean Water Act, as amended by the Oil Pollution Act 
of 1990.
    Estimated Number of Respondents: 22,274 (total).
    Frequency of Response: Less than once per year.
    Total Estimated Burden: 378,828 hours (per year). Burden is defined 
at 5 CFR 1320.03(b)
    Total Estimated Cost (With Overhead): $16,019,855 (per year), 
includes $3,355 annualized capital or operation & maintenance costs.
    Changes in Estimates: The EPA estimates that there is a reduction 
in the hours of total estimated respondent burden (approximate 
reduction of 84,591 hours) compared with the ICR currently approved by 
OMB. This estimate is based on EPA's current inventory of facilities 
that have submitted and are maintaining an FRP as per 40 CFR part 112. 
The EPA has not amended the FRP regulation since the last ICR renewal 
that would affect the per-facility burden. The EPA will consider the 
comments received and amend the ICR as appropriate.

    Dated: February 26, 2018.
Reggie Cheatham,
Director, Office of Emergency Management.
[FR Doc. 2018-05760 Filed 3-20-18; 8:45 am]
 BILLING CODE 6560-50-P


