[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62529-62530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24555]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0105, FRL-9087-01-OLEM]


Proposed Information Collection Request; Comment Request; 
Information Collection Request Submitted to OMB for Review and 
Approval; Implementation of the Oil Pollution Act Facility Response 
Plan Requirements (Renewal), EPA ICR No. 1630.13, OMB Control No. 2050-
0135

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), Oil Pollution Act 
Facility Response Plans (Renewal) (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. Before doing 
so, EPA is soliciting public comments on specific aspects of the 
proposed information collection as described in Supplementary 
Information. This is a proposed extension of the ICR, which is 
currently approved through July 31, 2022. 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 January 10, 2022.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0105, to: (1) EPA online using www.regulations.gov (our preferred 
method) or by mail to: EPA Docket Center, Environmental Protection 
Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 
20460, and (2) OMB via email to [email protected]. Address 
comments to OMB Desk Officer for EPA.
    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 Proprietary Business Information (PBI) 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 EPA will be collecting, are available in 
the public docket for this ICR. The docket can be viewed online at 
www.regulations.gov. Out of an abundance of caution for members of the 
public and our staff, the EPA Docket Center and Reading Room is closed 
to the public, with limited exceptions, to reduce the risk of 
transmitting COVID-19. Our Docket Center staff will continue to provide 
remote customer service via email, phone and webform. For further 
information about the EPA's public docket, Docket Center services and 
the current status, please visit us online at https://www.epa.gov/dockets. The telephone number for the Docket Center is 202-566-1744.
    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. The owner 
or operator of a facility subject to 40 CFR 112.20 must prepare and 
submit an FRP to EPA based on the following applicability criteria: (1) 
The facility transfers oil over water to or from a vessel and has a 
total

[[Page 62530]]

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 cause injury to 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 the last 5 years; or other 
factors considered by the Regional Administrator (see 40 CFR 
112.20(a)(2), (b)(1), (f)(1) and (f)(2) for further information).
    The purpose of an FRP is to help an owner or operator identify the 
necessary resources to respond to an oil discharge in a timely manner. 
If implemented effectively, the FRP will reduce the impact and severity 
of oil discharges and may prevent discharges because of the 
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 to ensure that facilities believed to pose the highest risk 
have planned for adequate resources and procedures to respond to oil 
discharges (See 40 CFR 112.20(f)(3) for further information about the 
criteria for significant and substantial harm.). No information 
collected under the FRP rule is expected to be confidential. One of the 
criteria necessary for information to be classified as ``proprietary 
business information'' (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. EPA provides no assurances of confidentiality to 
facility owners or operators when they file their FRPs.
    The burden estimates, numbers and types of respondents, wage rates 
and unit and total costs for this ICR renewal will be revised and 
updated, if needed, during the 60-day comment period while the ICR 
Supporting Statement is undergoing review at OMB.
    Form Numbers: None.
    Respondents/affected entities: Owners or operators of facilities 
required to have Spill Prevention, Control, and Countermeasure (SPCC) 
plans under the Oil Pollution Prevention regulation (40 CFR part 112) 
and that, because of their location, could reasonably be expected to 
cause substantial harm to the environment.
    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: 16,027 (total).
    Frequency of response: Annual.
    Total estimated burden: 385,784 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $17,728,836 (per year), includes $3,355 
annualized capital or operation and maintenance costs.
    Changes in Estimates: Total estimated costs reflect U.S. Bureau of 
Labor Statistics labor rates as of May 2020. This estimate is based on 
EPA's current inventory of facilities that have submitted and are 
maintaining an FRP. Any change in burden or cost resulting from the 60-
day OMB review period will be described and explained in this section 
when the updated ICR Supporting Statement is completed.

    Dated: October 28, 2021.
Donna Salyer,
Director, Office of Emergency Management.
[FR Doc. 2021-24555 Filed 11-9-21; 8:45 am]
BILLING CODE 6560-50-P


