1
RENEWAL
OF
INFORMATION
COLLECTION
REQUEST
(
ICR)
FOR
THE
OIL
POLLUTION
PREVENTION
REGULATION
(
40
CFR
part
112)
FOR
CERTAIN
FACILITIES
TO
PREPARE
AND
MAINTAIN
AN
OIL
SPILL
PREVENTION,
CONTROL
AND
COUNTERMEASURE
(
SPCC)
PLAN
(
EPA
#
0328.11)

1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection
Renewal
of
Information
Collection
Request
(
ICR)
for
the
Oil
Spill
Prevention,
Control,
and
Countermeasure
(
SPCC)
Plan
Requirements
(
40
CFR
Part
112).
EPA
ICR
#
0328.11.

1(
b)
Short
Characterization
The
Oil
Pollution
Prevention
regulation
at
40
CFR
part
112
includes
requirements
for
SPCC
Plans.
The
regulation
requires,
and
establishes
procedures
for,
the
preparation
and
implementation
of
SPCC
Plans
to
help
minimize
the
potential
for
oil
discharges
into
or
upon
the
navigable
waters
of
the
United
States
or
adjoining
shorelines,
or
affecting
certain
natural
resources
by
non­
transportation­
related
onshore
and
offshore
facilities.

The
Oil
Pollution
Prevention
regulation
requires
that
an
SPCC
Plan
be
prepared
in
accordance
with
good
engineering
practices
and
be
approved
by
a
person
with
the
authority
to
commit
the
resources
necessary
to
implement
the
SPCC
Plan.
SPCC
Plans
address
the
following
three
areas:
1)
Operating
procedures
that
prevent
oil
spills;
2)
Control
measures
installed
to
prevent
a
spill
from
reaching
navigable
waters;
and
3)
Countermeasures
to
contain,
clean
up,
and
mitigate
the
effects
of
an
oil
discharge
that
could
reach
navigable
waters.
Each
SPCC
Plan,
while
unique
to
the
facility
it
covers,
must
include
certain
standard
elements
to
ensure
compliance
with
the
regulations.

EPA
estimates
that
approximately
431,583
facilities
will
be
regulated
under
the
SPCC
program
in
the
first
year
of
this
ICR.
EPA
estimates
the
total
reporting
and
recordkeeping
burden
to
these
facilities
to
be
approximately
1.71
million
hours
in
the
first
year.
In
the
second
year,
EPA
estimates
that
the
total
annual
burden
will
be
approximately
1.73
million
hours,
while
the
subsequent
year
burden
is
about
1.75
million
hours.
Differences
in
first
year,
second
year,
and
subsequent
year
burden
estimates
are
primarily
associated
with
increased
number
of
affected
facilities.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
Section
311(
j)(
1)(
C)
of
the
CWA
authorizes
the
President
to
issue
regulations
establishing
procedures,
methods,
equipment,
and
other
requirements
to
prevent
discharges
1
33
U.
S.
C.
1321(
j)(
1)(
C).

2
56
FR
54757
(
October
22,
1991),
superseding
Executive
Order
11735,
38
FR
21243.

2
of
oil
from
vessels
and
facilities
and
to
contain
such
discharges.
1
The
President
delegated
the
authority
to
regulate
non­
transportation­
related
onshore
facilities
under
section
311(
j)(
1)(
C)
of
the
Act
to
EPA
under
Executive
Order
(
E.
O.)
12777,
section
2(
b)(
1).
2
By
this
same
Executive
Order,
the
President
delegated
authority
over
transportation­
related
onshore
facilities,
deepwater
ports,
and
vessels
to
the
U.
S.
Department
of
Transportation
(
DOT)
and
authority
over
other
offshore
facilities,
including
associated
pipelines,
to
the
U.
S.
Department
of
the
Interior
(
DOI).
A
subsequent
Memorandum
of
Understanding
(
MOU),
dated
February
3,
1994,
among
EPA,
DOT,
and
DOI,
reallocated
the
responsibility
for
non­
transportation­
related
offshore
facilities
that
are
landward
of
the
coast
line
to
EPA.
An
earlier
MOU
between
the
Secretary
of
Transportation
and
the
EPA
Administrator,
dated
November
24,
1971
(
36
FR
24080),
established
the
definitions
of
non­
transportation­
related
facilities
and
transportationrelated
facilities.

The
Oil
Pollution
Prevention
regulation,
found
at
40
CFR
part
112,
outlines
requirements
for
both
prevention
of
and
response
to
oil
spills.
The
prevention
aspect
of
this
regulation
is
also
known
as
the
SPCC
regulation.
It
was
originally
promulgated
on
December
11,
1973,
at
38
FR
34164,
under
the
authority
of
section
311(
j)(
1)(
C)
of
the
CWA.
The
regulation
established
spill
prevention
procedures,
methods,
and
equipment
requirements
for
non­
transportation­
related
onshore
and
offshore
facilities
with
aboveground
oil
storage
capacity
greater
than
1,320
gallons
(
or
greater
than
660
gallons
in
a
single
tank),
or
buried
underground
oil
storage
capacity
greater
than
42,000
gallons.
Regulated
facilities
are
also
limited
to
those
that,
because
of
their
location,
could
reasonably
be
expected
to
discharge
oil
into
the
navigable
waters
of
the
United
States
or
adjoining
shorelines.

On
July
17,
2002,
at
67
FR
47042,
EPA
published
final
amendments
to
the
SPCC
rule.
The
final
rule
included
new
subparts
outlining
the
requirements
for
different
classes
of
oil;
revised
the
applicability
of
the
regulation;
amended
the
requirements
for
completing
SPCC
Plans;
and
made
other
modifications.
The
final
rule
also
contained
a
number
of
provisions
designed
to
decrease
regulatory
burden
on
facility
owners
and
operators
subject
to
the
rule,
while
preserving
environmental
protection.
The
rule
was
effective
August
16,
2002.
The
rule
included
compliance
dates
in
§
112.3(
a)
and
(
b);
however,
the
original
compliance
dates
were
extended
for
eighteen
months
on
April
7,
2003
(
68
FR
18890).
On
August
11,
2004,
EPA
extended
by
an
additional
eighteen
months
the
compliance
dates
in
§
112.3(
a)
and
(
b),
and
amended
the
compliance
deadline
in
§
112.3(
c)
(
69
FR
48794).

2(
b)
Practical
Utility/
Users
of
the
Data
EPA
does
not
collect
SPCC
Plans
or
related
records
from
facilities
on
a
routine
basis.
Preparation,
implementation,
and
maintenance
of
the
SPCC
Plan
by
the
facility
helps
prevent
oil
discharges
and
mitigate
the
environmental
damage
caused
by
such
discharges.
Therefore,
the
primary
user
of
the
data
is
the
facility
itself.
For
example:
3

Accumulating
the
necessary
data
requires
that
the
facility
staff
analyze
the
strengths
and
weaknesses
of
the
facility
for
preventing
oil
discharges,
facilitating
safety
awareness,
and
promoting
appropriate
modifications
to
facility
design
and
operations;


Having
the
required
information
in
a
single
document
promotes
efficient
response
in
the
event
of
a
discharge;


Implementing
the
Plan
according
to
the
specifications
of
40
CFR
part
112
requires
meeting
certain
design
and
operational
standards
that
reduce
the
likelihood
of
an
oil
discharge;


Keeping
inspection
records
promotes
important
maintenance,
facilitates
leak
detection,
and
demonstrates
compliance
with
the
SPCC
requirements;
and

Reviewing
the
Plan
periodically
ensures
the
implementation
of
more
effective
spill
prevention
control
technology.

Although
the
facility
is
the
primary
user
of
the
data,
EPA
uses
the
data
in
certain
situations.
EPA's
primary
use
of
the
data
contained
in
an
SPCC
Plan
is
to
ensure
that
a
facility
is
in
full
compliance
with
all
elements
of
the
SPCC
regulation,
including
design
and
operation
specifications
and
inspection
requirements.
EPA
reviews
SPCC
Plans
as
part
of
EPA's
inspection
program
and
when
information
is
submitted
because
of
an
oil
discharge.
A
Regional
Administrator
may
require
a
facility
owner
or
operator
to
amend
the
SPCC
Plan
if
he
finds
that
the
facility
has
not
met
the
requirements
of
the
regulation
or
that
Plan
amendment
is
necessary
to
prevent
and
contain
discharges
of
oil.
If
a
facility
does
not
amend
its
SPCC
Plan,
it
may
face
civil
penalties
under
the
Clean
Water
Act.

State
and
local
governments
are
also
users
of
the
data.
The
information
provided
in
SPCC
Plans
(
e.
g.,
facility
configuration,
capabilities,
and
potential
risks)
is
not
necessarily
available
elsewhere
and
can
greatly
assist
local
emergency
preparedness
planning
efforts.
The
Plan
should
be
compatible
and
coordinated
with
local
emergency
plans,
including
those
developed
under
Title
III
of
the
Superfund
Amendments
and
Reauthorization
Act
of
1986
(
Pub.
L.
99­
499).
Coordination
with
state
governments
is
facilitated
by
the
provision
in
§
112.4(
c)
requiring
that,
after
certain
discharges,
information
on
the
discharge
be
sent
to
the
relevant
state
agencies.
The
flexibility
with
respect
to
formatting
proposed
in
this
rule
promotes
greater
coordination
with
State
planning
efforts
because
the
use
of
plans
prepared
pursuant
to
state
regulations
is
encouraged.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Nonduplication
For
some
facilities,
certain
requirements
of
the
Oil
Pollution
Prevention
regulation
may
be
the
same
or
substantially
similar
to
regulations
addressing
underground
storage
tanks
(
USTs).
The
UST
regulations
(
40
CFR
parts
280
and
281)
were
implemented
after
the
SPCC
program
was
initiated.
For
example,
a
facility
may
have
some
tanks
regulated
under
both
the
4
Oil
Pollution
Prevention
regulation
and
the
UST
regulations.
The
Oil
Pollution
Prevention
regulation
may
require
tests
for
leak
detection
that
also
are
required
under
the
UST
regulations.
The
SPCC
regulation
addresses
this
overlap
by
exempting
completely
buried
tanks
subject
to
all
of
the
technical
requirements
of
EPA's
UST
program
or
a
state
program
approved
under
40
CFR
part
281.

The
regulation
allows
flexibility
in
Plan
preparation
and
recordkeeping.
The
definition
of
"
SPCC
Plan"
allows
the
use
of
alternative,
appropriately
cross­
referenced
formats
based
on
other
state
or
other
federal
requirements.
Greater
flexibility
is
also
provided
for
facility
recordkeeping
practices,
as
records
required
pursuant
to
the
National
Pollutant
Discharge
Elimination
System
(
NPDES)
program
and
API
Standards
may
satisfy
certain
SPCC
recordkeeping
requirements.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.),
the
Agency
has
notified
the
public
through
a
Federal
Register
notice
(
See
[
])
that
it
is
submitting
this
renewal
ICR
and,
as
part
of
the
process,
soliciting
public
comment
concerning
the
burden
estimates
for
respondents.
EPA
specifically
requested
comments
on
the
Agency'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.
EPA
is
currently
involved
in
an
effort
to
estimate
the
universe
of
facilities
regulated
by
the
SPCC
rule.
The
purpose
of
this
effort
is
to
include
the
full
range
of
industries
and
number
of
affected
facilities
impacted
by
this
rule.
Given
that
the
information
used
in
this
ICR
is
based
on
analysis
and
data
collected
between
1990
and
1996,
we
believe
more
current
data
will
more
accurately
reflect
today's
situation
and
give
EPA
and
the
universe
of
regulated
facilities
a
truer
picture
of
the
impact
of
the
regulation.

]

3(
c)
Consultations
In
developing
this
renewal
ICR,
the
EPA
Oil
Program
asked
a
contractor
to
contact
nine
affected
facilities
regarding
EPA's
SPCC
ICR
burden
information
assumptions.
The
interviews
provided
insight
into
the
reasonableness
of
burden
estimates
presented
in
the
August
2002
SPCC
ICR
and
the
actual
burden
facilities
incur
preparing
and
maintaining
SPCC
ICR
requirements.
The
names,
companies,
and
telephone
numbers
of
these
representatives
are
given
below.

Peter
Wolberg,
Western
Gas
Resources,
(
303)
252­
6105
Jerry
Steckard,
Hyperion
Energy,
(
214)
750­
3384
Joanne
Lupa,
Massachusetts
Electric
Co.,
(
508)
482­
1257
Kyle
Mullens,
Kaneb
Pipe
Line
Partners,
L.
P.,
(
972)
699­
4062
Jim
Baker,
Colonial
Group
Inc.,
(
912)
236­
1331
Matt
Yost,
Martin
Midstream
Partners
L.
P.,
(
903)
983­
6200
5
Sally
Rogers,
Sinclair
Oil
Corp.
Casper
Refinery,
(
307)
265­
2800
Block
Andrews,
Aquila,
Inc.,
(
816)
421­
6600
Brad
Bergman,
Sun
Ray
Energy
Co.,
(
760)
254­
3381
The
nine
facilities
contacted
were
from
the
electric
utility
and
petroleum
industries
and
comprised
all
SPCC
facility
size
categories:
small
(
2),
medium
(
3),
and
large
(
4).
Six
of
the
nine
contacts
suggested
the
EPA
burden
hour
and
cost
estimates
to
prepare
and
maintain
an
SPCC
plan
used
in
the
current
ICR
were
reasonable.
The
other
three
contacts
suggested
the
burden
hour
and
cost
estimates
were
low,
primarily
based
on
the
uncertainty
involved
SPCC
plan
impacts
associated
with
changes
at
the
facility
affected
by
the
regulation.
Based
on
the
information
received
from
the
nine
contacts,
EPA
will
maintain
its
current
burden
hour
and
cost
estimates
until
information
is
received
in
the
future
to
support
alternative
estimates.

3(
d)
Effects
of
Less
Frequent
Collection
The
SPCC
regulation
requires
the
development
and
maintenance
of
SPCC
Plans.
In
general,
these
Plans
are
not
required
to
be
submitted
to
the
Agency
unless
the
criteria
in
§
112.4(
a)
are
met.
Section
112.4(
a)
requires
that
only
certain
critical
information
regarding
the
discharge
and
corrective
actions
be
submitted.
In
order
to
conduct
proper
follow­
up
actions,
as
necessary,
Agency
personnel
may
request
the
Plan
itself
or
access
a
copy
of
the
entire
SPCC
Plan
by
visiting
the
facility.
Because
collection
is
not
periodic,
less
frequent
collection
is
not
possible.

The
owner
or
operator
of
a
facility
is
required
to
review
and
evaluate
the
facility
Plan
every
five
years.
EPA's
experience
in
administering
the
SPCC
Program
indicates
that
updating
Plans
to
reflect
currently
available
and
proven
technology
and
techniques
for
preventing
and
controlling
oil
discharges
every
five
years
is
sufficient
given
the
degree
to
which
such
technologies
and
techniques
evolve
over
time.

3(
e)
General
Guidelines
The
information
collection
activities
discussed
in
this
ICR
comply
with
all
Paperwork
Reduction
Act
regulatory
guidelines
at
5
CFR
1320.6.

3(
f)
Confidentiality
The
nature
of
the
data
being
gathered
as
part
of
this
ICR
is
not
confidential.

3(
g)
Sensitive
Questions
The
information
gathering
activities
discussed
in
this
ICR
do
not
involve
any
sensitive
questions.
3
U.
S.
Environmental
Protection
Agency,
Spill
Prevention,
Control,
and
Countermeasure
Facilities
Study,
January
1991.

4
U.
S.
Environmental
Protection
Agency,
Analysis
of
the
Number
of
Facilities
Regulated
by
EPA's
SPCC
Program,
1996.

5
NAICS
Codes
and
the
corresponding
SIC
codes
can
be
found
in
the
Federal
Register
at
61
FR
57006,
November
5,
1996.

6
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
Codes
The
industries
that
are
likely
to
be
covered
by
the
SPCC
regulation
fall
into
many
North
American
Industrial
Classification
System
(
NAICS)
categories,
including
those
associated
with
petroleum
and
non­
petroleum
oil
production,
processing
(
refining),
distribution,
and
consumption.
EPA's
1995
SPCC
Survey
and
1991
SPCC
Facilities
Study
determined
that
the
majority
of
regulated
facilities
fall
into
several
industry
sectors.
3,4
These
sectors
and
the
corresponding
NAICS
codes
are
presented
in
Exhibit
1.

EXHIBIT
1
Primary
Industry
Sectors
and
NAICS
Codes
Covered
by
the
SPCC
Regulation5
CATEGORY
NAICS
Codes
Crop
and
Animal
Production
111­
112
Crude
Petroleum
and
Natural
Gas
Extraction
211111
Coal
Mining,
Non­
Metallic
Mineral
Mining
and
Quarrying
2121/
2123/
213114/
213116
Electric
Power
Generation,
Transmission,
and
Distribution
2211
Heavy
Construction
234
Petroleum
and
Coal
Products
Manufacturing
324
Other
Manufacturing
31­
33
Petroleum
Bulk
Stations
and
Terminals
42271
Gasoline
Stations/
Automotive
Rental
and
Leasing
4471/
5321
Heating
Oil
Dealers
454311
Transportation
(
including
Pipelines),
Warehousing,
and
Marinas
482­
486/
488112­
48819/
4883/
48849/
492­
493/
71393
Elementary
and
Secondary
Schools,
Colleges
6111­
6113
Hospitals/
Nursing
and
Residential
Care
Facilities
622­
623
7
4(
b)
Information
Requested
(
i)
Data
Items,
Including
Recordkeeping
Requirements
The
primary
data
collection
activities
required
by
the
Oil
Pollution
Prevention
regulation
are
the
preparation
and
maintenance
of
the
SPCC
Plan
along
with
preparing
records
of
inspections
and
tests.
In
preparing
a
Plan,
a
facility
owner
or
operator
must
follow
the
provisions
outlined
in
the
regulation
and
include
a
discussion
of
the
measures
taken
to
meet
the
SPCC
requirements.
For
more
detailed
requirements,
please
refer
to
the
Oil
Pollution
Prevention
regulation
itself.
For
the
reader's
reference,
the
SPCC
regulations
contained
in
40
CFR
part
112
are
provided
as
an
appendix
to
this
document.
The
principal
measures
are
summarized
below.


Potential
equipment
failure.
Where
experience
indicates
a
reasonable
potential
for
equipment
failure
(
e.
g.,
tank
overflow,
rupture,
or
leakage),
the
Plan
must
include
a
prediction
of
the
direction,
rate
of
flow,
and
total
quantity
of
oil
that
could
be
discharged
from
the
facility
as
a
result
of
each
major
type
of
equipment
failure
(
40
CFR
112.7(
b)).


Containment
and/
or
diversion.
Appropriate
containment
and/
or
diversion
structures
or
equipment
must
be
provided
to
prevent
a
discharge
(
40
CFR
112.7(
c)).
The
use
of
required
preventive
measures
depends
on
whether
a
particular
facility
is
onshore
or
offshore.
For
onshore
facilities,
the
owner
or
operator
must
use
one
of
the
following
preventive
systems:
dikes
berms,
or
retaining
walls
sufficiently
impervious
to
contain
oil;
curbing;
culverting,
gutters,
or
other
drainage
systems;
weirs,
booms,
or
other
barriers;
spill
diversion
ponds;
retention
ponds;
or
sorbent
materials.
Where
installation
of
these
structures
or
equipment
is
determined
by
the
owner
or
operator
to
be
impracticable,
a
facility
owner
or
operator
must
explain
why,
provide
a
contingency
plan
following
40
CFR
part
109
(
or
a
Facility
Response
Plan),
conduct
periodic
integrity
testing
of
the
containers
and
periodic
integrity
and
leak
testing
of
valves
and
piping,
as
well
as
a
written
commitment
of
the
manpower,
equipment,
and
materials
required
to
expeditiously
control
and
remove
any
harmful
quantity
of
oil
discharged
(
40
CFR
112.7(
d)).
The
owner
or
operator
of
an
offshore
facility
is
subject
to
slightly
different
requirements
due
to
its
unique
configuration.


Detailed
requirements.
In
addition
to
the
minimum
prevention
standards
contained
in
40
CFR
112.7(
c),
the
Plan
must
include
a
discussion
of
the
facility's
conformance
with
more
detailed
and
specific
requirements
concerning
equipment,
maintenance,
inspections
and
testing,
security,
recordkeeping,
and
personnel
training
(
40
CFR
112.7(
e)).

Specific
recordkeeping
requirements.
Every
facility
must:

(
1)
Maintain
a
copy
of
the
SPCC
Plan
at
the
facility
or
at
the
nearest
field
office
(
112.3(
e)(
1));
and
(
2)
Maintain
records
of
written
procedures
for
conducting
inspections
and
maintain
records
of
inspections
and
tests
for
three
years
(
112.7(
e)).
8
In
addition
to
the
above
requirements,
an
onshore
storage
facility
must:

(
1)
Maintain
records
of
maintenance
and
use
of
bypass
valves
(
112.8(
c)(
3)(
iv));
and
(
2)
Maintain
comparison
records
on
past
inspections
of
aboveground
storage
containers
(
112.8(
c)(
6)).

An
offshore
production
facility
has
three
additional
recordkeeping
requirements
in
addition
to
those
applying
to
all
facilities.
An
offshore
facility
must:

(
1)
Maintain
written
procedures
for
inspecting
and
testing
pollution
prevention
equipment
(
112.11(
h));
(
2)
Keep
records
of
well
shut­
in
valves
(
112.11(
j));
(
3)
Document
and
keep
records
of
inspections
of
sub­
marine
piping
(
112.11(
p)).

Specific
reporting
requirements.
If
a
facility
must
submit
its
SPCC
Plan
to
the
Regional
Administrator
as
the
result
of
an
oil
discharge
in
accordance
with
§
112.4,
the
following
information
must
be
provided:

(
1)
Name
of
the
facility;
(
2)
Name
of
the
owner
or
operator;
(
3)
Location
of
the
facility;
(
4)
Maximum
storage
or
handling
capacity
of
facility
and
normal
daily
throughput;
(
5)
The
corrective
action
or
countermeasures
taken,
including
an
adequate
description
of
equipment
repairs
and/
or
replacements;
(
6)
Description
of
the
facility
including
maps,
flow
diagrams,
and
topographic
maps;
(
7)
Cause(
s)
of
the
spill,
including
a
failure
analysis
of
the
system
or
subsystem
in
which
the
failure
occurred;
(
8)
Additional
preventive
measures
taken
or
contemplated
to
minimize
the
possibility
of
recurrence;
and
(
9)
Such
other
information
as
the
Regional
Administrator
may
reasonably
require
pertinent
to
the
Plan
or
to
the
spill
event.

In
addition,
a
facility
must
update
its
Plan
as
necessary,
following
a
modification
in
the
facility's
design
or
operations
that
materially
affects
its
potential
for
a
discharge,
and
following
five­
year
review.

(
ii)
Respondent
Activities
The
Oil
Pollution
Prevention
regulation
requires
an
owner
or
operator
to
conduct
the
following
compliance
activities:

°
Prepare
an
SPCC
Plan
(
40
CFR
112.3(
b)
and
112.7);
°
Maintain
the
SPCC
Plan
and
keep
records
(
40
CFR
112.3
and
112.7(
e));
°
Submit
the
SPCC
Plan
in
the
event
of
certain
discharges
of
oil
(
40
CFR
112.4);
9
°
Revise
the
SPCC
Plan
following
a
material
modification
of
the
facility
(
40
CFR
112.5(
a));
and
°
Conduct
a
technological
review
of
the
SPCC
Plan
(
40
CFR
112.5(
b)).

Each
of
these
compliance
activities
is
summarized
in
more
detail
below:

Prepare
an
SPCC
Plan.

The
owner
or
operator
of
a
new
facility
must
prepare
and
implement
an
SPCC
Plan
in
accordance
with
the
guidelines
set
forth
in
40
CFR
part
112
before
beginning
facility
operations.
The
actual
preparation
of
the
Plan
involves
several
separate
tasks,
the
majority
of
which
are
conducted
by
the
facility's
technical
personnel.
These
tasks
include:

 
Field
investigations
which
are
conducted
by
technical
personnel
to
fully
understand
the
design
of
the
facility
and
to
accurately
predict
the
areas
or
equipment
most
likely
to
discharge
oil
(
this
involves
predicting
both
the
flow
paths
of
spilled
oil
and
the
potential
harm
that
the
spilled
oil
would
have
on
nearby
navigable
waters);

 
A
regulatory
review
conducted
by
management
personnel,
such
that
the
technical
and
clerical
personnel
in
charge
of
actually
preparing
the
Plan
are
fully
aware
of
all
requirements
in
40
CFR
112;

 
A
review
of
existing
procedures
conducted
by
technical
personnel
to
determine
the
acceptability
of
the
current
spill
prevention
and
control
practices
employed
by
the
facility;

 
Preparation
of
the
Plan
which
involves
both
technical
and
clerical
time,
as
well
as
a
final
review
by
facility
management
personnel
prior
to
submission;
and
 
Certification
by
a
licensed
Professional
Engineer
(
PE)
which
must
be
conducted
for
each
new
Plan.
A
Plan
must
also
be
re­
certified
by
a
PE
whenever
technical
amendments
are
made.

Maintain
the
SPCC
Plan
and
keep
records.

Section
112.3
requires
the
owner
or
operator
to
maintain
a
copy
of
the
SPCC
Plan
at
the
facility,
if
the
facility
is
normally
attended
for
at
least
four
hours
per
day
or,
if
not,
at
the
nearest
field
office.
The
Plan
must
be
available
to
the
Regional
Administrator
for
review
during
normal
working
hours
(
40
CFR
112.3(
e)).
In
addition,
as
described
earlier
in
Section
4(
b)(
i)
of
this
document,
a
facility
is
required
to
maintain
(
and
update)
Plan­
specific
records
as
outlined
under
§
112.7(
e).
Plan
maintenance
and
recordkeeping
activities
are
estimated
to
involve
almost
entirely
technical
personnel
time,
although
a
small
amount
of
clerical
personnel
time
may
also
be
required
for
these
activities.
10
Submit
Plan
in
the
event
of
certain
discharges
of
oil.

In
the
event
of
certain
discharges
of
oil
into
navigable
waters,
a
facility
owner
or
operator
must
submit
information
described
in
§
112.4(
a)
to
the
Regional
Administrator
within
60
days.
A
discharge
of
oil
occurring
within
any
12­
month
period
that
triggers
the
§
112.4
reporting
requirements
is:

(
1)
A
single
discharge
as
described
in
§
112.1(
b)
of
more
than
1,000
U.
S.
gallons
into
or
upon
navigable
waters;
or
(
2)
Two
or
more
discharges
as
described
in
§
112.1(
b),
each
of
which
is
over
42
U.
S.
gallons,
into
or
upon
navigable
waters.

Submission
of
information
after
a
discharge
of
oil
is
estimated
to
involve
both
technical
personnel
time
for
collecting
the
required
information,
as
well
as
time
for
review
by
management
personnel
before
the
information
is
submitted.
Section
112.4(
c)
also
requires
that
the
facility
submit
a
copy
of
this
information
to
the
state
agency
in
charge
of
oil
pollution
control
activities
for
the
area
in
which
the
facility
is
located.
The
Regional
Administrator
may
require
the
owner
or
operator
of
the
facility
to
amend
the
SPCC
Plan
to
prevent
and
contain
discharges
from
the
facility.
Such
amendments,
if
uncontested
by
the
facility,
must
become
part
of
the
Plan
30
days
after
the
Regional
Administrator
responds
to
the
facility
concerning
the
proposed
amendments.
The
amended
Plan
must
then
be
certified
by
a
PE
prior
to
implementation.
As
required
by
§
112.4(
e),
amendments
to
the
Plan
must
be
implemented
as
soon
as
possible,
but
no
later
than
six
months
after
the
amendment
becomes
part
of
the
Plan.
Section
112.4(
f)
allows
a
facility
to
appeal
a
decision
made
by
the
Regional
Administrator
requiring
a
Plan
amendment.

Revise
the
SPCC
Plan
following
modification
of
the
facility.

The
facility
owner
or
operator
must
amend
his
Plan
in
accordance
with
§
112.7
whenever
there
is
a
change
in
the
facility's
design,
construction,
operation,
and
maintenance
that
materially
affects
the
facility's
potential
to
discharge
oil
into
navigable
waters.
Such
facility
changes
may
include
the
dismantling
and
removal
of
a
tank;
the
addition
of
a
new
or
rebuilt
tank;
a
change
in
the
service
of
a
tank;
any
physical
changes
or
improvements
to
the
facility;
or,
the
construction
of
a
new
well
and
associated
piping.
The
activities
to
amend
the
SPCC
Plan
as
a
result
of
these
facility
changes
are
estimated
to
involve
mostly
facility
technical
personnel
time,
as
well
as
some
clerical
time.
The
amended
Plan
must
also
be
certified
by
a
PE
prior
to
implementation.
Such
amendments
to
the
SPCC
Plan
must
be
implemented
as
soon
as
possible,
but
not
later
than
six
months
after
the
change
occurs.

Review
the
SPCC
Plan.

An
owner
or
operator
of
an
SPCC­
regulated
facility
is
required
to
review
and
evaluate
his
Plan
at
least
once
every
five
years.
This
review
is
estimated
to
involve
mostly
technical
personnel
time
to
review
spill
prevention
and
control
procedures
being
implemented
under
the
current
Plan,
as
well
as
a
regulatory
review
involving
management
personnel
time.
Clerical
personnel
time
is
also
involved
to
complete
necessary
paperwork.
An
owner
or
operator
is
11
required
to
amend
his
SPCC
Plan
within
six
months
of
the
review
to
include
more
effective
prevention
and
control
technology
if:
(
1)
such
technology
will
significantly
reduce
the
likelihood
of
a
discharge
as
described
in
§
112.1(
b)
from
the
facility;
and
(
2)
such
technology
has
been
field­
proven
at
the
time
of
the
review.
Any
technical
amendments
to
the
Plan
must
also
be
certified
by
a
PE
prior
to
implementation.
Review
cost
estimates
are
generated
in
this
ICR
for
an
existing
facility
only,
since
a
new
facility
that
becomes
operational
after
the
beginning
of
the
ICR­
approval
period
would
not
be
required
to
conduct
its
review
until
after
the
three­
year
period
covered
by
this
ICR
expires.

5.
INFORMATION
COLLECTED
­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
In
the
event
that
an
SPCC­
regulated
facility
discharges
more
than
1,000
gallons
of
oil
into
or
upon
the
navigable
waters
of
the
U.
S.
in
a
single
discharge
as
described
in
§
112.1(
b),
or
discharges
more
than
42
U.
S.
gallons
of
oil
in
each
of
two
discharges
as
described
in
§
112.1(
b)
within
any
12­
month
period,
the
Agency
is
required
to
review
the
information
submitted
to
it
by
the
facility
under
40
CFR
112.4(
a),
including
the
necessity
to:

°
Review
facility
characteristics;
°
Review
the
cause
of
the
discharge;
°
Require
any
necessary
amendments
to
the
Plan
to
prevent
and
contain
discharges
from
the
facility;
and
°
Adjudicate
any
appeal
of
a
final
decision
requiring
an
amendment.

In
addition,
while
not
required
by
the
SPCC
regulation,
the
Agency
also
conducts
routine
inspection,
enforcement,
and
outreach
activities
as
part
of
administering
this
program.
Inspection
of
SPCC­
regulated
facilities
may
occur
either
after
a
discharge
as
part
of
the
review
of
the
SPCC
Plan
or
on
a
routine,
random
basis.

5(
b)
Collection
Methodology
and
Management
The
Oil
Pollution
Prevention
regulation
currently
allows
each
Plan
to
be
tailored
to
the
unique
characteristics
of
the
facility.
Due
to
the
wide
range
of
types
and
sizes
of
facilities
subject
to
the
regulation,
EPA
does
not
prescribe
any
specific
information
management
technique
or
technology
in
preparing
and
maintaining
SPCC
Plans
or
records.
The
regulation
allows
flexibility
in
Plan
preparation
and
recordkeeping
by
defining
"
SPCC
Plan"
to
allow
the
use
of
additional,
appropriately
cross­
referenced
formats
facilitates
Plan
preparation.
Greater
flexibility
is
also
provided
for
facility
recordkeeping
practices,
as
records
required
pursuant
to
the
NPDES
program
and
API
Standards
may
satisfy
certain
SPCC
recordkeeping
requirements.

EPA
remains
amenable
to
the
development
and
use
of
more
flexible
and
user­
friendly
means
of
writing
and
maintaining
SPCC
Plans,
such
as
electronic
programs,
provided
the
12
Plans
continue
to
provide
the
required
information
and
meet
the
administrative
requirements
listed
in
the
SPCC
regulation.
Whatever
medium
is
used
the
Plan
must
also
be
readily
accessible
to
response
personnel
in
an
emergency.
For
example,
a
Plan
might
be
electronically
produced,
but
computers
fail
and
may
not
be
operable
in
an
emergency.
For
an
electronic
Plan,
therefore,
a
backup
copy
must
be
readily
available
in
another
medium.
"
Accessibility"
also
includes
a
requirement
that
the
Plan
be
written
in
English
so
that
it
will
be
readily
understood.

EPA
maintains
the
information
submitted
by
facilities
following
certain
oil
discharges
at
the
regional
offices
to
support
ongoing
program
activities
such
as
targeting
inspections
as
well
as
to
support
response
operations
during
spills.
However,
EPA
does
not
collect
SPCC
Plans
or
related
records
from
facilities
on
a
routine
basis.

5(
c)
Small
Entity
Flexibility
The
SPCC
regulation
is
performance­
based,
providing
significant
flexibility
for
all
types
of
businesses.
Given
that
most
SPCC­
regulated
facilities
are
small,
they
benefit
most
from
this
flexibility.
First,
EPA
does
not
regulate
a
facility
having
aggregate
aboveground
capacity
of
1,320
gallons
or
less
of
oil.
Second,
EPA
does
not
regulate,
under
part
112,
a
completely
buried
container
that
is
subject
to
all
of
the
technical
requirements
of
40
CFR
part
280
or
a
State
program
approved
under
40
CFR
part
281.
Third,
containers
less
than
55
gallons
are
not
included
in
a
facility's
aboveground
total
storage
or
use
capacity
calculation
and
do
not
need
to
be
discussed
in
the
SPCC
Plan.
Fourth,
EPA
does
not
regulate
wastewater
treatment
facilities
or
parts
thereof
(
except
at
oil
production,
oil
recovery,
and
oil
recycling
facilities)
used
exclusively
for
wastewater
treatment
and
not
used
to
meet
any
other
requirement
of
part
112.
Fifth,
the
definition
of
"
SPCC
Plan"
allows
the
use
of
alternative,
appropriately
crossreferenced
formats
based
on
other
state
or
other
federal
requirements.

5(
d)
Collection
Schedule
The
SPCC
regulation
does
not
require
a
specific
collection
schedule.
However,
a
facility
must
prepare,
amend,
and
implement
its
SPCC
Plan
according
to
the
compliance
deadlines
in
§
§
112.3(
a),
(
b),
and
(
c).
As
given
in
69
FR
48795
(
August
11,
2004),
an
onshore
or
offshore
facility
that:
(
1)
was
in
operation
on
or
before
August
16,
2002,
must
maintain
its
Plan,
but
amend
it,
if
necessary
to
ensure
compliance,
on
or
before
February
17,
2006,
and
must
implement
the
amended
Plan
as
soon
as
possible,
but
no
later
than
August
18,
2006;
(
2)
becomes
operational
after
August
16,
2002,
through
August
18,
2006,
and
could
be
expected
to
have
a
discharge
as
described
in
40
CFR
112.1(
b),
must
prepare
a
Plan
on
or
before
August
18,
2006,
and
fully
implement
it
as
soon
as
possible,
but
no
later
than
August
18,
2006;
and
(
3)
becomes
operational
after
August
18,
2006,
and
could
reasonably
be
expected
to
have
a
discharge
as
described
in
40
CFR
112.1(
b),
must
prepare
and
implement
a
Plan
before
it
begins
operations.
An
onshore
or
offshore
mobile
facility
must
amend
its
Plan,
if
necessary,
and
implement
such
amendments
by
August
18,
2006.

The
owner
or
operator
must
review
the
SPCC
Plan
once
every
five
years.
A
periodic
review
is
necessary
to
ensure
that
SPCC
Plans
reflect
currently
available
and
proven
6
U.
S.
Environmental
Protection
Agency,
Spill
Prevention,
Control,
and
Countermeasure
Facilities
Study,
January
1991.

13
technology
and
techniques
for
preventing
and
controlling
oil
discharges.
EPA
believes
that
requiring
review
only
once
every
five
years
provides
an
appropriate
balance
between
the
need
to
update
the
Plan
and
the
need
to
reduce
the
burden
placed
on
the
regulated
community.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
Source
of
burden
hour
estimates
Per­
facility
burden
hour
estimates
were
based
on
analyses
by
staff
at
ABB
Environmental
Services,
who
were
experienced
in
preparing
SPCC
Plans.
These
estimates
were
developed
for
production
and
storage
facilities
of
various
sizes,
and
for
clerical,
technical/
engineering,
and
management
hours.
The
burden
included
new
Plan
preparation
(
site
work,
regulatory
review,
review
of
existing
procedures,
formulating
new
procedures,
preparing
the
Plan,
and
PE
review);
Plan
modification
(
site
work,
regulatory
review,
review
of
existing
procedures,
formulating
new
or
changed
procedures
or
recommendations,
preparing
the
amendment,
and
PE
review);
formal
review
(
site
work,
regulatory
review,
review
of
existing
procedures,
preparing
the
review
report,
and
PE
review);
submittal
of
information
after
a
discharge;
and
recordkeeping
requirements
(
maintaining
the
Plan,
records
of
inspections,
and
records
of
equipment
maintenance).

EPA
has
reviewed
these
estimates
with
EPA
regional
personnel
involved
with
the
SPCC
program,
and
on
several
occasions
EPA
has
solicited
public
comment
concerning
the
burden
estimates.
No
commenter
has
provided
more
complete
data
on
the
annual
burden
for
required
information
collection
activities
for
typical
small,
medium,
and
large
facilities.
For
this
renewal
ICR,
EPA
consulted
nine
contacts
from
facilities
affected
by
SPCC
requirements
and
determined
the
burden
hour
estimates
presented
in
the
August
2002
SPCC
ICR
were
reasonable
current
estimates.

6(
a)
Burden
and
Cost
Methodology
and
Assumptions
Estimating
Facility
Characteristics
For
the
purposes
of
this
analysis,
EPA
assumes,
based
on
data
contained
in
the
1991
SPCC
Facilities
Study6,
that
facilities
in
each
size
category
have
the
following
number
of
oil
storage
containers:


Small
facilities
(
total
aboveground
storage
capacity
greater
than
1,320
gallons
total
but
less
than
or
equal
to
42,000
gallons)
­­
2
containers;


Medium
facilities
(
total
storage
capacity
greater
than
42,000
gallons
but
less
than
or
equal
to
1
million
gallons)
­­
7
containers;
and

Large
facilities
(
total
storage
capacity
greater
than
1
million
gallons)
­­
17
containers.
7
U.
S.
Environmental
Protection
Agency,
Analysis
of
the
Number
of
Facilities
Regulated
by
EPA's
SPCC
Program,
1996.

8
United
States
Department
of
Labor,
Bureau
of
Labor
Statistics,
Employer
Costs
for
Employee
Compensation,
June
2004.

9
Overhead
costs
were
computed
separately
from
BLS
data
and
were
assumed
to
be
an
additional
17
percent
of
the
total
wage
rate,
including
employee
benefits.
Adjustments
to
wage
rates
for
overhead
costs
are
based
on
the
results
of
several
earlier
Information
Collection
Requests
that
adjusted
BLS
wage
rates
by
an
additional
17
percent
based
on
the
results
of
a
survey
of
chemical
industries
and
trade
associations.
(
See,
for
example,
Information
Collection
Request
for
the
Toxic
Chemical
Release
Report
for
the
Proposed
Lead
Rule,
EPA
ICR
#
1363.08.)
EPA
has
previously
contacted
several
different
petroleum
trade
associations
and
industries,
but
has
been
unable
to
improve
upon
this
estimate.

14
Results
of
the
1995
SPCC
Survey7
are
consistent
with
these
estimates
of
the
number
of
containers
at
an
average
facility
in
each
size
category.
Specifically,
survey
data
indicated
that
the
median
number
of
containers
present
at
small,
medium,
and
large
storage
facilities
is
3
(
1,328
data
points),
8
(
248
data
points),
and
15
(
68
data
points)
containers,
respectively.

The
1995
SPCC
Survey
subdivided
the
SPCC­
regulated
facilities
by
Standard
Industrial
Classification
(
SIC)
code
among
a
wide
variety
of
industry
and
business
types.
For
purposes
of
this
ICR,
facilities
are
grouped
into
two
distinct
categories:
production
facilities
(
facilities
whose
operations
and
oil
storage
activities
primarily
involve
oil
production)
and
storage
or
use
facilities
(
all
other
SPCC­
regulated
facilities).
This
categorization
of
facilities
reflects
differences
in
the
estimated
burden
of
compliance
activities
depending
on
the
nature
of
the
facility's
operations.

For
purposes
of
this
analysis,
the
universe
of
SPCC­
regulated
facilities
is
also
divided
into
existing
and
new
facilities,
to
reflect
the
differences
in
compliance
activities
among
these
two
groups.
Existing
SPCC­
regulated
facilities
include
facilities
that
initiated
operations
prior
to
initiation
of
this
renewal
ICR.
All
facilities
in
operation
at
the
start
of
this
renewal
ICR
period
are
assumed
to
have
prepared
their
SPCC
Plans.
Consequently,
existing
SPCC­
regulated
facilities
are
assumed
to
have
incurred
all
costs
associated
with
initially
preparing
and
implementing
their
SPCC
Plans,
but
some
are
expected
to
incur
costs
to
perform
a
technical
five­
year
review
at
some
time
during
this
ICR
period.

Estimating
Facility
Labor
Costs
To
determine
the
per­
facility
costs
for
typical
new
and
existing
respondents
in
each
size
category,
the
unit
time
estimates
for
compliance
activities
are
multiplied
by
the
hourly
wage
rates
for
the
appropriate
categories
of
labor
conducting
these
activities.
The
labor
wage
rates
for
private
industry
are
derived
from
U.
S.
Department
of
Labor
data.
8
The
2004
wage
rates
include
wages
and
salaries;
benefit
costs,
including
paid
leave,
supplemental
pay,
insurance,
retirement
and
savings,
legally
required
benefits,
severance
pay,
and
supplemental
unemployment
benefits.
EPA
further
adjusted
these
rates
to
reflect
associated
overhead
costs.
9
These
wage
rates
reflect
private
industry
averages,
which
were
estimated
by
the
Bureau
of
Labor
Statistics
(
BLS)
based
on
a
survey
of
44,000
occupations
within
9,800
15
establishments
in
the
private
sector.
These
wage
rates
reflect
industry
averages,
which
may
underestimate
the
actual
wages
received
by
some
SPCC
regulated
facility
personnel
but
overestimate
the
actual
wage
rate
received
by
other
facility
personnel.
The
estimated
wage
rates
used
in
the
analysis
are
as
follows:

Management:
$
54.02/
hour;
Technical:
$
45.78/
hour;
and
Clerical:
$
24.36/
hour.

Overhead
rates
can
be
calculated
using
various
formulas.
The
reasons
for
using
a
17
percent
overhead
rate
are
described
in
footnote
13.
To
see
how
overall
costs
might
change
under
different
overhead
loading
rate
assumptions,
EPA
also
calculated
alternative
overhead
rates
based
on
recommendations
in
Estimating
Costs
for
the
Economic
Benefits
of
RCRA
Noncompliance
(
September
1997).
This
document
suggests
that
labor
overhead
and
profit
can
be
estimated
at
50
to
100
percent
of
the
base
salary
and
fringe
benefit
costs.
EPA
estimates
that
raising
the
overhead
rate
to
50
percent
would
increase
the
wages
listed
above
by
28
percent.
If
a
100
percent
overhead
rate
were
used,
these
wages
would
increase
by
71
percent.
The
50
percent
and
100
percent
alternatives
may
be
high
because
the
rates
include
profit
as
well
as
overhead.
The
appropriate
overhead
loading
rate
is
highly
dependent
on
not
only
the
industry
in
question,
but
also
individual
businesses.
The
alternative
rates
are
used
in
the
discussion
of
total
respondent
costs
in
Section
6(
f)
of
this
document
to
determine
alternative
total
costs
and
savings.

Estimating
O&
M
Costs
Some
facilities
are
expected
to
incur
additional
costs
because
they
will
need
to
retain
a
PE
to
certify
their
SPCC
Plans,
along
with
any
subsequent
technical
amendments
that
are
made
to
the
Plan.
The
SPCC
rule
specifically
provides
that
no
SPCC
Plan
can
satisfy
the
requirements
unless
it
has
been
reviewed
and
certified
by
a
Registered
PE
(
§
112.3(
d)).
In
certifying
the
Plan,
the
engineer
is
expected
to
have
examined
the
facility
and
attest
that
it
has
been
prepared
in
accordance
with
good
engineering
practices
that
satisfy
the
SPCC
requirements
found
in
40
CFR
part
112.
Furthermore,
whenever
a
facility
amends
its
SPCC
Plan,
it
must
also
have
any
technical
amendment
certified
by
a
PE.

Not
all
facilities
are
expected
to
contract
with
a
PE
to
have
their
Plan
certified.
Some
facilities
will
have
in­
house
PEs
that
can
perform
this
task.
For
the
purposes
of
calculating
the
burden
and
costs
associated
with
this
rule,
however,
it
is
assumed
that
only
some
of
the
large
and
medium­
sized
facilities
will
have
a
PE
on
staff
that
can
certify
the
Plan.
EPA
assumes
that
none
of
the
small
facilities
will
have
an
in­
house
PE
who
can
certify
the
facility's
Plan
and
that
these
facilities
will
need
to
pay
an
outside
PE.
For
the
medium
and
large
facilities,
EPA
assumes
that
only
50
percent
of
the
medium
facilities
and
25
percent
of
the
large
facilities
will
need
to
retain
an
outside
PE
to
certify
their
SPCC
Plans.

This
analysis
assumes
that
the
cost
to
a
facility
to
retain
an
outside
PE
to
certify
the
SPCC
Plan
varies
by
the
size
of
the
facility.
EPA
makes
this
assumption
because
a
larger
facility
will
likely
have
a
more
complex
SPCC
Plan
than
a
medium
or
small
facility.
EPA
10
The
baseline
cost
to
facilities
to
retain
an
outside
PE
for
certification
were
adjusted
and
rounded
to
the
nearest
$
10
in
this
renewal
ICR
for
inflationary
changes
using
the
Producer's
Price
Index
for
May
2004,
found
in
the
annual
Economic
Report
of
the
President.

16
assumes
that
the
more
complex
the
Plan,
the
more
time
it
will
take
a
PE
to
become
familiar
with
the
Plan,
inspect
the
facility,
and
ensure
that
the
Plan
has
been
prepared
in
accordance
with
good
engineering
practices.
Similarly,
this
analysis
assumes
that
the
cost
to
a
facility
to
retain
a
PE
to
certify
an
amendment
to
the
Plan
will
also
vary
based
on
facility
size
and
the
complexity
of
the
Plan
and
the
amendment.
Exhibit
2
summarizes
the
expected
cost
for
each
typical
facility
to
retain
a
PE,
should
it
need
one,
and
to
have
a
PE
certify
a
new
Plan,
as
well
as
any
subsequent
amendments.

Exhibit
2
Cost
to
Facilities
to
Retain
an
Outside
PE
for
Certification10
Type
of
Facility
New
Plan
Amendments
Small
$
1,120
$
560
Medium
$
1,680
$
840
Large
$
2,240
$
1,120
A
facility
is
not
expected
to
incur
any
other
O&
M
costs
related
to
the
paperwork
and
information
collection
activities
of
the
SPCC
program.

6(
b)
Baseline
Burden
and
Cost
per
Facility
This
section
discusses
the
baseline
burdens
and
costs
presently
incurred
by
both
existing
and
new
SPCC­
regulated
facilities
under
the
SPCC
rule.
To
calculate
the
baseline
burden
for
existing
facilities,
this
section
details
unit
cost
estimates
for
the
following
categories:
five­
year
review
­
§
112.5(
b);
oil
discharge
­
§
112.4(
c);
Plan
modification
­
§
112.5(
a);
and
recordkeeping.
For
newly
regulated
facilities,
this
section
describes
the
following
unit
cost
categories:
new
Plan
­
§
112.3(
a);
oil
discharge
­
§
112.4(
c);
Plan
modification
­
§
112.5(
a);
and
recordkeeping.
The
baseline
results
are
discussed
in
this
section.

EPA
assumes
all
facilities
will
meet
the
compliance
extension
deadlines.
EPA
also
assumes
the
formal
five­
year
review
of
SPCC
plans
will
affect
one­
fifth
of
all
existing
facilities
annually.
In
other
words,
one­
fifth
of
all
existing
facilities
would
undergo
their
formal
five­
year
review
of
their
Plans
in
each
year
of
the
ICR
period.
The
total
cost
incurred
by
existing
facilities
for
this
review
is
greater
if
the
facility
must
amend
its
Plan
in
accordance
with
§
112.5(
b).
It
is
estimated
that
three
percent
of
all
existing
facilities
under
the
baseline
scenario
would
be
required
to
amend
their
Plans
as
a
result
of
the
five­
year
review.
New
facilities
include
those
facilities
that
will
initiate
operations
during
the
ICR­
approval
period.
New
facilities
initiating
facility
operations
before
August
18,
2006
are
required
to
prepare
and
17
implement
their
Plans
by
August
18,
2006.
New
facilities
initiating
operations
after
August
18,
2006
must
prepare
and
implement
a
Plan
before
beginning
operations.

In
addition
to
preparing
or
reviewing
SPCC
Plans,
all
new
and
existing
facilities
will
incur
costs
to
prepare
and
maintain
records.
Further,
some
fraction
of
SPCC­
regulated
facilities
(
new
and
existing)
will
be
required
to
amend
their
Plans
as
a
result
of
discharging
oil
or
modifying
their
facility.
Based
on
spill
data
obtained
from
the
Emergency
Response
Notification
System
database,
it
is
estimated
that
approximately
0.15
percent
of
all
facilities
would
incur
costs
each
year
as
a
result
of
reporting
requirements
(
§
112.4(
a))
related
to
an
oil
discharge.
The
requirements
are
discussed
in
greater
detail
in
Section
4(
b)
above.
In
addition,
based
on
conversations
with
EPA
regional
personnel
involved
with
the
SPCC
program,
approximately
10
percent
of
all
facilities
are
estimated
to
incur
reporting
and
recordkeeping
costs
annually
as
a
result
of
facility
modifications.

Estimating
Costs
of
Capital
EPA
estimates
that
facilities
will
incur
small
capital
costs
in
complying
with
the
SPCC
requirements
to
maintain
the
Plan
and
keep
records
(
40
CFR
112.3
and
112.7(
e))
and
to
submit
required
information
in
the
event
of
certain
discharges
of
oil
(
40
CFR
112.4).
EPA
estimates
that
to
maintain
files,
new
facilities
(
small,
medium,
and
large)
will
purchase
file
cabinets
at
a
cost
of
$
200
or
approximately
$
66.67
each
year.
In
the
event
of
certain
discharges,
the
owner
or
operator
is
required
to
submit
required
information
to
the
Regional
Administrator
and
the
state
agency
in
charge
of
oil
pollution
control
activities
for
the
area
in
which
it
is
located.
Consequently,
the
owner
or
operator
will
incur
costs
for
photocopying
and
postage.
Assuming
the
cost
of
photocopying
to
be
$
0.10
per
page,
and
that
the
size
of
Plan
documents
for
a
typical
small,
medium,
and
large
facility
is
10,
20,
and
40
pages
respectively,
estimated
photocopying
costs
for
a
small,
medium,
and
large
facility
are
$
2.00,
$
4.00,
and
$
8.00,
respectively.
EPA
estimates
that
the
cost
to
submit
the
information
through
the
Post
Office
is
approximately
$
7.00,
based
on
the
cost
to
mail
a
two­
pound
package
to
two
different
parties.
Because
only
0.15
percent
of
facilities
are
expected
to
incur
oil
discharges
that
trigger
an
information
submission,
the
annual
capital
costs
to
a
typical
facility
are
negligible.
A
facility
is
not
expected
to
incur
any
other
capital­
related
costs
to
respond
to
this
information
collection
request.

The
annual
compliance
burden
for
an
average
small,
medium,
or
large
facility
to
perform
all
required
reporting
and
recordkeeping
activities
described
above
is
summarized
in
Exhibits
3,
4,
and
5
for
an
average
small,
medium,
and
large
facility,
respectively.

Baseline
Total
Annual
Burden
per
Average
Respondent
Once
the
individual
burden
hours
estimates
have
been
determined
for
each
separate
compliance
activity
undertaken
by
the
average
facility
in
each
size
category,
the
total
annual
burden
estimate
is
obtained
by
summing
unit
time
estimates
for
all
compliance
activities.
The
annual
burden
for
an
average
facility
differs
for
each
size
category
based
on
the
assumed
differences
in
the
complexity
of
the
facility
and
its
operations
and
the
different
numbers
of
containers
corresponding
to
each
size
category.
The
estimated
annual
burden
hours
for
an
18
average
respondent
in
each
size
category
is
presented
for
existing
and
new
facilities
in
Exhibits
3,
4,
and
5.

Baseline
Total
Annual
Cost
per
Average
Respondent
In
estimating
the
per­
respondent
costs
for
both
existing
and
new
facilities
in
each
of
the
three
size
categories,
the
unit
cost
for
each
compliance
activity
performed
by
the
typical
respondent
facility
in
each
size
category
is
calculated.
These
per­
facility
costs
are
shown
in
the
right­
hand
column
of
Exhibits
3,
4,
and
5.
To
obtain
the
cost
for
each
compliance
activity
performed
by
the
typical
respondent
facility
in
each
size
category,
unit
time
estimates
for
management,
technical,
and
clerical
personnel
are
multiplied
by
the
hourly
wage
rate
for
each
labor
category
and
are
then
added
to
capital
and
O&
M
costs.
For
the
typical
existing
facility,
the
estimated
total
annual
baseline
costs
for
all
information
collection
activities
required
by
the
Oil
Pollution
Prevention
regulation
are:

Small
facility:
$
200
per
facility;
Medium
facility:
$
199
per
facility;
and
Large
facility:
$
345
per
facility.

For
the
typical
new
facility,
the
total
annual
baseline
costs
for
all
information
collection
activities
required
by
the
Oil
Pollution
Prevention
regulation
are
estimated
to
be:

Small
facility:
$
2,695
per
facility;
Medium
facility:
$
2,744
per
facility;
and
Large
facility:
$
3,354
per
facility.

Estimated
annual
costs
for
new
facilities
are
higher
than
for
existing
facilities
because
of
the
greater
expense
associated
with
initially
preparing
the
Plan.
19
EXHIBIT
3
Baseline
Annual
Burden
and
Unit
Costs
for
All
Required
Information
Collection
Activities
Average
Small
Facility
Activity
Annual
Burden
hours1
Total
Hours
Burden
Capital/
Startup
Costs
O&
M
Costs
Annual
Cost2
Management
($
54.02/
hr)
Technical
($
45.78/
hr
)
Clerical
($
24.36/
hr)

Existing
Facilities
Review
the
SPCC
Plan
0.2
0.6
0.1
0.9
$
0
$
3
$
44
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil3
0.0
0.0
0.0
0.0
$
0
$
0
$
0
Revise
the
SPCC
Plan
0.0
0.4
0.1
0.5
$
0
$
51
$
71
Maintain
the
SPCC
Plan
and
Keep
Records
0.0
1.6
0.5
2.1
$
0
$
0
$
84
TOTAL
0.2
2.6
0.7
3.5
$
0
$
54
$
200
New
Facilities
Prepare
an
SPCC
Plan
5.4
23.5
3.6
32.6
$
0
$
1,013
$
2,472
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil3
0.0
0.0
0.0
0.0
$
0
$
0
$
0
Revise
the
SPCC
Plan
0.0
0.4
0.1
0.5
$
0
$
51
$
71
Maintain
the
SPCC
Plan
and
Keep
Records
0.0
1.6
0.5
2.1
$
67
$
0
$
151
TOTAL
5.4
25.6
4.2
35.1
$
67
$
1,064
$
2,695
1
Unit
burdens
are
weighted
averages,
rounded
to
the
nearest
tenth
of
an
hour,
based
on
the
distribution
of
storage
and
production
facilities
and
the
number
of
facilities
estimated
to
perform
each
activity
during
the
one­
year
period.
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.

The
unit
costs
in
this
exhibit
are
based
on
the
original
numbers
before
rounding.

2
Annual
costs
are
rounded
to
the
nearest
dollar.
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.

3
The
unit
burden
for
a
facility
that
needs
to
submit
its
SPCC
Plan
because
of
a
discharge
is
estimated
to
be
one
hour
of
management
labor
and
one
hour
of
technical
labor,
resulting
in
a
total
unit
cost
of
$
100.
Because
only
0.15
percent
of
all
facilities
are
expected
to
meet
the
discharge
criteria
and
submit
20
their
SPCC
Plans,
the
average
unit
burden
is
less
than
0.1
hours,
and
is
therefore
indicated
here
as
0.
However,
the
actual
unit
burden
and
cost
estimates
are
used
in
later
calculations.
EXHIBIT
4
Baseline
Annual
Burden
and
Unit
Costs
for
All
Required
Information
Collection
Activities
Average
Medium
Facility
Activity
Annual
Burden
hours1
Total
Hours
Burden
Capital/
Startup
Costs
O&
M
Costs
Annual
Cost2
Management
($
54.02/
hr)
Technical
($
45.78/
hr)
Clerical
($
24.36/
hr)

Existing
Facilities
Review
the
SPCC
Plan
0.2
1.0
0.2
1.4
$
0
$
3
$
64
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil3
0.0
0.0
0.0
0.0
$
0
$
0
$
0
Revise
the
SPCC
Plan
0.0
0.3
0.1
0.4
$
0
$
32
$
49
Maintain
the
SPCC
Plan
and
Keep
Records
0.0
1.7
0.4
2.1
$
0
$
0
$
86
TOTAL
0.2
3.0
0.7
3.9
$
0
$
34
$
199
New
Facilities
Prepare
an
SPCC
Plan
4.6
33.8
4.6
42.9
$
0
$
636
$
2,542
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil3
0.0
0.0
0.0
0.0
$
0
$
0
$
0
Revise
the
SPCC
Plan
0.0
0.3
0.1
0.4
$
0
$
32
$
49
Maintain
the
SPCC
Plan
and
Keep
Records
0.0
1.7
0.4
2.1
$
67
$
0
$
153
TOTAL
4.6
35.9
5.0
45.4
$
67
$
668
$
2,744
1
Unit
burdens
are
weighted
averages,
rounded
to
the
nearest
tenth
of
an
hour,
based
on
the
distribution
of
storage
and
production
facilities
and
the
number
of
facilities
estimated
to
perform
each
activity
during
the
one­
year
period.
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.

The
unit
costs
in
this
exhibit
are
based
on
the
original
numbers
before
rounding.

2
Annual
costs
are
rounded
to
the
nearest
dollar.
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.

3
The
unit
burden
for
a
facility
that
needs
to
submit
its
SPCC
Plan
because
of
a
discharge
is
estimated
to
be
one
hour
of
management
labor
and
one
hour
of
technical
labor,
resulting
in
a
total
unit
cost
of
$
100.
Because
only
0.15
percent
of
all
facilities
are
expected
to
meet
the
discharge
criteria
and
submit
21
their
SPCC
Plans,
the
average
unit
burden
is
less
than
0.1
hours,
and
is
therefore
indicated
here
as
0.
However,
the
actual
unit
burden
and
cost
estimates
are
used
in
later
calculations.
22
EXHIBIT
5
Baseline
Annual
Burden
and
Unit
Costs
for
All
Required
Information
Collection
Activities
Average
Large
Facility
Activity
Annual
Burden
hours1
Total
Hours
Burden
Capital/
Startup
Costs
O&
M
Costs
Annual
Cost2
Management
($
54.02/
hr)
Technical
($
45.78/
hr
)
Clerical
($
24.36/
hr
)

Existing
Facilities
Review
the
SPCC
Plan
0.2
1.6
0.2
2.0
$
0
$
2
$
92
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil3
0.0
0.0
0.0
0.0
$
0
$
0
$
0
Revise
the
SPCC
Plan
0.0
0.3
0.1
0.4
$
0
$
19
$
34
Maintain
the
SPCC
Plan
and
Keep
Records
0.0
4.6
0.3
4.9
$
0
$
0
$
219
TOTAL
0.2
6.5
0.6
7.3
$
0
$
20
$
345
New
Facilities
Prepare
an
SPCC
Plan
4.0
50.6
5.3
59.9
$
0
$
373
$
3,035
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil3
0.0
0.0
0.0
0.0
$
0
$
0
$
0
Revise
the
SPCC
Plan
0.0
0.3
0.1
0.4
$
0
$
19
$
34
Maintain
the
SPCC
Plan
and
Keep
Records
0.0
4.6
0.3
4.9
$
67
$
0
$
286
TOTAL
4.0
55.5
5.7
65.2
$
67
$
391
$
3,354
1
Unit
burdens
are
weighted
averages,
rounded
to
the
nearest
tenth
of
an
hour,
based
on
the
distribution
of
storage
and
production
facilities
and
the
number
of
facilities
estimated
to
perform
each
activity
during
the
one­
year
period.
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.

The
unit
costs
in
this
exhibit
are
based
on
the
original
numbers
before
rounding.

2
Annual
costs
are
rounded
to
the
nearest
dollar.
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.

3
The
unit
burden
for
a
facility
that
needs
to
submit
its
SPCC
Plan
because
of
a
discharge
is
estimated
to
be
one
hour
of
management
labor
and
one
hour
of
technical
labor,
resulting
in
a
total
unit
cost
of
$
100.
Because
only
0.15
percent
of
all
facilities
are
expected
to
meet
the
discharge
criteria
and
submit
their
SPCC
Plans,
the
average
unit
burden
is
less
than
0.1
hours,
and
is
therefore
indicated
here
as
0.
However,
the
actual
unit
burden
and
cost
estimates
are
used
in
later
calculations.
23
24
6(
c)
Estimating
Agency
Burden
and
Costs
EPA
incurs
costs
associated
with
the
evaluation
of
SPCC
Plans
that
have
been
submitted
in
accordance
with
§
112.4
of
the
Oil
Pollution
Prevention
regulation.
This
section
summarizes
the
estimated
burden
and
cost
of
the
renewal
ICR
to
the
Agency.
Burden
estimates
are
based
on
input
from
EPA
regional
staff
involved
directly
with
the
implementation
of
40
CFR
part
112.
EPA
will
incur
burdens
and
costs
to
evaluate
and
review
Plans
as
well
as
to
consider
appeals.

Exhibit
6
shows
the
total
burden
and
labor
cost
to
EPA
for
reviewing
and
evaluating
plans
and
considering
appeals.
A
substantial
amount
of
government
resources
is
required
to
comprehensively
evaluate
the
adequacy
of
each
response
plan
submitted
by
a
facility
representative.

For
this
renewal
ICR,
Agency
labor
costs
are
based
on
the
2004
General
Schedule
(
GS)
pay
schedule.
EPA
estimates
an
average
hourly
labor
cost
(
labor
plus
overhead)
of
$
55.65
for
managerial
staff
(
GS­
13,
Step­
5),
and
$
39.04
for
technical
staff
(
GS­
11,
Step­
5).
To
derive
hourly
estimates,
EPA
divided
annual
compensation
estimates
by
2,080,
which
is
the
number
of
hours
in
the
Federal
work
year.
EPA
then
multiplied
hourly
rates
by
the
standard
government
overhead
factor
of
1.6.
Unit
costs
are
unit
time
estimates
multiplied
by
the
hourly
labor
rates
for
EPA
personnel.

EXHIBIT
6
Estimated
Annual
Burden
and
Cost
to
EPA
Activity
Burden
Hours
Total
Cost
Managerial
($
55.65)
Technical
($
39.04)
Clerical
Total
Plans
Evaluation
654
6,540
0
7,194
$
292,000
Review
of
Comments
327
327
0
654
$
31,000
Consideration
of
Appeals
523
0
0
523
$
29,000
Total
1,504
6,867
0
8,371
$
352,000
6(
d)
Estimating
the
Respondent
Universe
Extrapolation
of
1995
SPCC
Survey
data
To
develop
a
national
estimate
of
SPCC­
regulated
facilities,
EPA
applied
standard
statistical
techniques
to
the
results
from
the
1995
SPCC
Survey.
The
1995
Survey
was
designed
to
ensure
that
data
on
the
sampled
facilities
could
be
statistically
extrapolated
to
the
11
U.
S.
Environmental
Protection
Agency,
Analysis
of
the
Number
of
Facilities
Regulated
by
EPA's
SPCC
Program,
1996.

12
Use
of
this
estimate
may
lead
to
a
slight
overestimate
in
the
number
of
facilities
subject
to
the
paperwork
requirements
of
this
ICR
because
it
includes
a
small
number
of
Federal
facilities,
which
are
not
defined
as
"
persons"
under
OMB's
final
rule
on
reporting
and
recordkeeping
requirements
(
60
FR
44978).

13
U.
S.
Department
of
Commerce,
County
Business
Patterns
(
annual
editions
for
years
1976­
1986),
1978­
1988.

25
nation
as
a
whole
for
all
facilities
regulated
by
EPA's
SPCC
regulation.
11
To
accomplish
this,
EPA
selected
facilities
in
industries
likely
to
include
regulated
facilities.
Using
several
national
databases,
facilities
were
randomly
selected
to
ensure
that
the
sample
facilities
reflect
the
actual
universe
of
facilities
that
produce,
use,
or
store
oil
products.
EPA's
approach
for
calculating
the
sample
allows
EPA
to
make
statements
about
surveyed
industries
to
within
10
percent
of
their
true
value
and
within
the
90­
percent
confidence
interval.

EPA
used
a
two­
stage
cluster
sampling
methodology.
The
first
stage
involved
randomly
selecting
primary
sampling
units
(
PSUs)
that
are
representative
of
the
entire
study
population
(
e.
g.,
selecting
contiguous
groups
of
counties
that
are
representative
of
all
counties
in
the
U.
S.).
The
second
stage
involved
randomly
sampling
individual
enumeration
units
(
in
this
case
facilities)
from
each
PSU
that
are
representative
of
all
of
the
other
enumeration
units
within
that
PSU.
Enumeration
units
were
then
extrapolated
to
the
PSU,
or
county,
level
and
PSU­
level
estimates
were
extrapolated
to
the
nation
as
a
whole.

For
production
facilities
and
for
storage
facilities
in
most
industrial
categories,
the
baseline
number
of
facilities
was
determined
by
the
1995
SPCC
Survey.
As
described
in
the
analysis
titled
"
Analysis
of
the
Number
of
Facilities
Regulated
by
EPA's
SPCC
Program,"
however,
a
few
industry
categories
were
not
sampled
or
had
a
response
rate
too
low
to
allow
extrapolation.
In
those
industry
categories,
estimates
of
the
number
of
facilities
from
the
1991
SPCC
Facilities
Study
were
used
to
supplement
the
Survey
totals.

For
a
few
other
industry
categories,
the
1995
Survey
analysis
was
thought
to
underestimate
the
national
number
of
SPCC
facilities,
while
the
Facilities
Study
was
thought
to
overestimate
these
facilities.
In
these
cases,
the
midpoint
of
Survey
and
Facilities
Study
estimates
for
these
industry
categories
was
selected
for
use
in
calculating
an
adjusted
national
estimate.
Adjustments
to
the
estimate
were
also
made
to
reflect
the
fact
that
the
survey
design
limited
sampling
to
the
48
contiguous
States.
Following
this
adjustment
and
validation
process,
EPA
arrived
at
an
adjusted
national
estimate
of
the
number
of
facilities
subject
to
the
SPCC
regulation
for
each
industry
category.
An
estimated
437,700
facilities
in
total
were
regulated
by
the
SPCC
Program
in
1995.12
Additionally,
EPA
assumes
the
annual
number
of
new
SPCC
facilities
equals
1
percent
of
the
number
of
existing
facilities.

To
develop
the
1
percent
annual
growth
rate
figure,
U.
S.
Census
data
on
the
number
of
manufacturing
establishments
were
reviewed.
13
These
data
indicate
that
the
number
of
manufacturing
establishments
in
the
U.
S.
increased
by
an
average
of
1.4
percent
annually
14
Facilities
ceasing
operations
were
primarily
small
facilities
from
the
farming
and
oil
production
sectors
of
the
SPCC­
regulated
universe.
For
farms,
the
average
annual
decrease
in
the
number
of
farms
from
1983
to
1992
was
approximately
1.4
percent
of
the
total
number
of
farms
(
Statistical
Abstract
of
the
United
States,
1993).
For
production
facilities,
the
number
of
stripper
wells
decreased
by
2.1
percent
from
1992
to
1993
(
1994
API
Oil
Data
Book).
This
analysis
assumes
that
these
overall
rates
of
decrease
apply
proportionately
to
those
facilities
within
these
sectors
that
are
SPCC­
regulated.
Because
small
farms
and
production
facilities
represent
approximately
60
percent
of
all
SPCC­
regulated
facilities,
EPA
anticipates
that
these
losses
partially
offset
the
overall
projected
growth
in
the
SPCC
universe.

26
over
the
10­
year
period
from
1976­
1986.
This
number
pertains
to
the
net
annual
increase
in
the
number
of
establishments
(
new
establishments
less
establishments
closed).
However,
an
estimate
of
the
annual
number
of
new
establishments
(
without
closings
subtracted
out)
is
needed.
Therefore,
based
on
professional
judgment,
the
1.4­
percent
figure
was
adjusted
upward
to
2
percent
to
better
reflect
the
addition
of
new
facilities
(
and
the
resumption
of
operations
at
facilities
that
had
been
closed).
This
growth
trend,
however,
is
offset
to
some
extent
by
recent
declines
in
the
number
of
farms
and
production
facilities,
which
represent
a
large
percentage
of
all
SPCC­
regulated
facilities.
14
Analysis
of
data
from
the
1995
SPCC
Survey,
showed
that
a
decrease
in
the
total
number
of
farms
does
not
necessarily
mean
that
the
number
of
SPCC­
regulated
farms
is
decreasing.
This
is
true
because
the
average
acreage
per
farm
is
increasing,
so
that
much
of
the
decrease
in
the
number
of
farms
probably
comes
from
small
farms
that
did
not
have
sufficient
oil
storage
capacity
to
be
subject
to
the
SPCC
regulation.
It
is
assumed
that
roughly
one­
half
of
the
regulated
facilities
are
in
categories
such
as
farms
that
showed
no
growth
and
the
other
half
are
in
categories
like
manufacturing
establishments
that
had
a
2
percent
growth,
therefore
the
overall
growth
rate
for
all
facilities
is
about
1
percent.

The
SPCC­
regulated
community
is
very
diverse,
and
different
categories
of
facilities
will
have
different
growth
rates
from
year
to
year,
so
the
1
percent
rate
represents
only
a
rough
approximation.
Other
broad
data,
however,
support
a
growth
rate
of
approximately
1
percent.
For
example,
the
1999
Annual
Energy
Outlook
from
DOE's
Energy
Information
Administration
shows
that
consumption
of
petroleum
products
increased
from
36.03
quadrillion
Btus
in
1996
to
36.49
quadrillion
Btus
in
1997,
a
1.3
percent
increase.

The
estimate
of
the
total
number
of
existing
and
new
facilities
was
inflated
by
a
one
percent
annual
growth
rate
to
yield
an
estimated
469,274
facilities
subject
to
the
SPCC
regulation
prior
to
2002.

2002
SPCC
Final
Rule
Impacts
on
the
Respondent
Universe
In
2002,
several
revisions
finalized
in
the
SPCC
rule
affected
the
number
of
facilities
regulated
under
the
program.
These
revisions
included:

°
EPA
does
not
regulate,
under
40
CFR
part
112,
a
completely
buried
storage
tank
that
is
subject
to
all
of
the
technical
requirements
of
40
CFR
part
280
or
of
a
state
program
approved
under
40
CFR
part
281.
27
°
EPA
no
longer
regulates
a
facility
having
a
single
container
with
a
storage
capacity
greater
than
660
gallons,
but
aggregate
aboveground
storage
capacity
of
1,320
gallons
or
less
of
oil.
°
EPA
does
not
regulate
wastewater
treatment
facilities
or
parts
thereof
(
except
at
oil
production,
oil
recovery,
and
oil
recycling
facilities)
used
exclusively
for
wastewater
treatment
and
not
used
to
meet
any
other
requirement
of
40
CFR
part
112.

°
EPA
grants
its
Regional
Administrators
the
authority
to
require
any
facility
subject
to
the
jurisdiction
of
EPA
under
section
311(
j)
of
the
Clean
Water
Act
(
CWA),
but
otherwise
exempt
from
the
requirement
to
prepare
an
SPCC
Plan
under
40
CFR
part
112,
to
prepare
and
implement
an
SPCC
Plan
or
part
thereof
where
necessary
to
carry
out
the
purposes
of
the
CWA.

As
a
result
of
these
revisions,
approximately
51,500
facilities,
representing
nearly
11
percent
of
the
entire
SPCC­
regulated
universe
in
2002,
were
no
longer
considered
subject
to
the
requirements
of
the
SPCC
rule.
The
revised
estimate
of
the
total
number
of
facilities
subject
to
the
SPCC
regulation
in
2002
was
419,033.

Baseline
Estimated
Number
of
Respondents
The
2002
estimate
of
the
total
number
of
existing
and
new
facilities
was
inflated
by
a
1
percent
annual
growth
rate
to
yield
an
estimated
427,211
existing
facilities
and
4,372
new
facilities
subject
to
the
SPCC
regulations
in
the
first
year
of
this
ICR
period.
Exhibit
7
shows
the
resulting
distribution
of
existing
and
new
facilities
among
the
size,
production,
and
storage
categories
for
the
first
year
of
the
renewal
ICR
period.
The
breakdown
by
facility
size
is
estimated
to
be
355,550
small
facilities,
64,283
medium
facilities,
and
11,750
large
facilities
subject
to
the
information
collection
activities.
The
1
percent
annual
growth
rate
is
assumed
to
continue
for
the
duration
of
this
ICR.

EXHIBIT
7*
Number
of
Existing
and
New
Facilities
(
First
Year)

Small
Medium
Large
Total
Storage
231,026
42,919
11,315
285,260
Existing
Production
120,945
20,088
309
141,951
Total
351,971
63,616
11,624
427,211
Storage
2,350
449
123
2,922
New
Production
1,230
217
3
1,450
Total
3,580
666
126
4,372
Total
355,550
64,283
11,750
431,583
*
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.
28
6(
e)
Estimated
Total
Annual
Burden
for
All
Respondents
The
total
burden
hours
for
all
respondents
is
estimated
as
burden
incurred
by
facility
personnel
to
complete
the
recordkeeping
and
reporting
requirements.
Burden
for
all
respondents
is
estimated
by
multiplying
the
number
of
facilities
in
each
size
category
by
the
unit
burden
hour
estimate
for
each
compliance
activity.
The
total
annual
burden
hours
for
all
respondents
in
each
size
category
is
presented
in
Exhibits
9,
10,
and
11
for
small,
medium,
and
large
facilities,
respectively.
The
annual
burden
is
nearly
1.71
million
hours
during
the
first
year
of
the
ICR­
approval
period
and
increases
to
approximately
1.75
million
hours
per
year
by
the
third
year.
The
annualized
cost
over
the
three­
year
period
is
$
100
million.

We
also
calculated
an
alternative
cost
based
on
higher
overhead
rates
for
labor
costs.
The
discussion
of
facility
labor
costs
in
Section
6(
a)
describes
how
the
overhead
rates
affect
wage
rates.
Exhibit
8
shows
a
comparison
of
the
annualized
total
cost
for
the
rule
using
the
selected
current
labor
costs,
as
well
as
alternative
labor
costs.
The
selected
costs
are
based
on
a
17
percent
overhead
rate.
A
50
percent
overhead
rate
would
increase
total
costs
by
11
percent.
A
100
percent
overhead
rate
would
increase
total
costs
by
52
percent.

EXHIBIT
8
Alternative
Total
Cost
Measures
(
in
millions
of
dollars)

Labor
Capital
O&
M
Total
Assumption
Baseline
Burden
17%
Overhead
$
73.8
$
0.3
$
26.0
$
100.0
50%
Overhead
$
94.6
$
0.3
$
26.0
$
120.9
100%
Overhead
$
126.1
$
0.3
$
26.0
$
152.4
29
EXHIBIT
9
Annual
Average
Total
Burden
and
Costs
All
Small
Facilities*

Annual
Burden
(
Hours)
Total
Burden
(
Hours)
Capital/

Startup
Costs
O&
M
Costs
Annual
Cost
Activity
Management
($
54.02/
hr)
Technical
($
45.78/
hr)
Clerical
($
24.36/
hr)

Existing
Facilities
Review
the
SPCC
Plan
71,112
211,817
38,756
321,686
$
0
$
1,194,689
$
15,677,614
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil
533
533
0
1,066
$
5,376
$
0
$
58,562
Revise
the
SPCC
Plan
0
144,705
32,157
176,861
$
0
$
18,007,713
$
25,415,921
Maintain
the
SPCC
Plan
and
Keep
Records
0
570,361
160,783
731,145
$
0
$
0
$
30,028,925
TOTAL
71,645
927,416
231,696
1,230,758
$
5,376
$
19,202,402
$
71,181,021
New
Facilities
Prepare
an
SPCC
Plan
19,620
85,119
13,080
117,818
$
0
$
3,662,318
$
8,937,685
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil
5
5
0
11
$
55
$
0
$
595
Revise
the
SPCC
Plan
0
1,471
327
1,798
$
0
$
183,116
$
258,448
Maintain
the
SPCC
Plan
and
Keep
Records
0
5,800
1,635
7,435
$
241,041
$
0
$
546,398
TOTAL
19,625
92,396
15,042
127,062
$
241,096
$
3,845,433
$
9,743,127
*
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.
30
EXHIBIT
10
Annual
Average
Total
Burden
and
Costs
All
Medium
Facilities*

Annual
Burden
(
Hours)
Total
Burden
(
Hours)
Capital/

Startup
Costs
O&
M
Costs
Annual
Cost
Activity
Management
($
54.02/
hr)
Technical
($
45.78/
hr)
Clerical
($
24.36/
hr)

Existing
Facilities
Review
the
SPCC
Plan
12,857
63,775
13,243
89,874
$
0
$
161,998
$
4,098,847
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil
96
96
0
193
$
1,188
$
0
$
10,804
Revise
the
SPCC
Plan
0
21,918
4,871
26,789
$
0
$
2,045,715
$
3,167,832
Maintain
the
SPCC
Plan
and
Keep
Records
0
107,815
24,354
132,169
$
0
$
0
$
5,529,242
TOTAL
12,953
193,605
42,467
249,025
$
1,188
$
2,207,712
$
12,806,725
New
Facilities
Prepare
an
SPCC
Plan
3,059
22,763
3,059
28,881
$
0
$
428,237
$
1,710,128
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil
1
1
0
2
$
12
$
0
$
113
Revise
the
SPCC
Plan
0
229
51
280
$
0
$
21,412
$
33,157
Maintain
the
SPCC
Plan
and
Keep
Records
0
1,128
255
1,383
$
44,857
$
0
$
102,729
TOTAL
3,060
24,122
3,365
30,547
$
44,869
$
449,648
$
1,846,127
*
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.
31
EXHIBIT
11
Annual
Average
Total
Burden
and
Costs
All
Large
Facilities*

Annual
Burden
(
Hours)
Total
Burden
(
Hours)
Capital/

Startup
Costs
O&
M
Costs
Annual
Cost
Activity
Management
($
54.02/
hr)
Technical
($
45.78/
hr)
Clerical
($
24.36/
hr)

Existing
Facilities
Review
the
SPCC
Plan
2,350
19,181
2,421
23,952
$
0
$
19,741
$
1,083,796
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil
18
18
0
35
$
217
$
0
$
1,975
Revise
the
SPCC
Plan
0
3,519
782
4,301
$
0
$
218,981
$
399,155
Maintain
the
SPCC
Plan
and
Keep
Records
0
54,114
3,910
58,024
$
0
$
0
$
2,572,685
TOTAL
2,368
76,831
7,113
86,312
$
217
$
238,722
$
4,057,610
New
Facilities
Prepare
an
SPCC
Plan
509
6,452
679
7,640
$
0
$
47,523
$
386,946
Submit
Plan
in
the
Event
of
Certain
Discharges
of
Oil
0
0
0
0
$
2
$
0
$
21
Revise
the
SPCC
Plan
0
38
8
47
$
0
$
2,376
$
4,331
Maintain
the
SPCC
Plan
and
Keep
Records
0
587
42
630
$
8,500
$
0
$
36,417
TOTAL
509
7,077
730
8,317
$
8,503
$
49,899
$
427,715
*
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.
32
6(
f)
Bottom
Line
Burden
and
Cost
Tables
The
total
estimated
burden
hours
and
costs
incurred
by
all
respondent
facilities
(
new
and
existing)
are
summarized
in
Exhibit
12.
The
exhibit
shows
the
burden
and
cost
components
for
each
year,
along
with
total
and
annualized
costs.
The
baseline
burden
and
costs
are
based
on
the
ICR
activities.

EXHIBIT
12
Estimated
Total
Burden
and
Costs
for
Facilities*

Year
Total
Burden
(
Hours)
Total
Cost
(
millions)

Labor
Capital
O&
M
Total
Baseline
Burden
First
1,714,420
$
73.0
$
0.3
$
25.7
$
99.0
Second
1,731,962
$
73.8
$
0.3
$
26.0
$
100.0
Third
1,749,679
$
74.5
$
0.3
$
26.2
$
101.0
TOTAL
5,196,061
$
221
$
0.9
$
77.9
$
300
ANNUALIZED
1,732,020
$
73.8
$
0.3
$
26.0
$
100
*
The
numbers
in
this
exhibit
may
not
add
precisely
due
to
rounding.

6(
g)
Reasons
for
the
Change
in
Burden
Differences
in
burden
and
costs
from
the
previous
ICR
are
attributed
to
adjustment
changes.
Adjustments
are
caused
by
updating
information
(
e.
g.,
number
of
affected
facilities,
burden
estimates,
labor
rates)
in
the
absence
of
changes
to
the
SPCC
regulatory
requirements.
Program
changes,
burden
and
cost
effects
directly
associated
with
revisions
to
the
SPCC
regulations,
are
not
applicable
to
this
renewal
ICR.

In
total,
the
burden
hours
presented
in
this
renewal
ICR
have
increased
relative
to
the
current
OMB
inventory
(
see
Exhibit
13).
The
new
burden
estimate
shows
an
annualized
increase
of
142,768
hours
due
to
adjustments
to
account
for
new
facility
estimates
since
the
last
ICR
approval
(
August
2002).
33
EXHIBIT
13
Estimated
Annualized
Burden
and
Costs
Comparison
Annualized
Burden
(
hours)
Annualized
Capital
and
O&
M
Costs
(
thousands)

Current
OMB
Inventory
Burden
1,589,252
$
22,541
Change
in
Burden
142,768
$
3,754
Final
Rule
Burden
1,732,020
$
26,295
6(
h)
Burden
Statement
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.
The
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
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.

The
net
annual
public
reporting
and
recordkeeping
burden
for
this
collection
of
information,
for
newly
regulated
facilities
is
estimated
to
range
from
35.1
to
65.2
hours
per
facility,
with
an
average
burden
of
approximately
38.0
hours,
including
time
for
reviewing
instructions
and
gathering
the
data
needed.
The
net
annual
public
reporting
and
recordkeeping
burden
for
facilities
already
regulated
by
the
Oil
Pollution
Prevention
regulation
is
estimated
to
range
from
3.5
to
7.4
hours.

These
average
annual
burden
estimates
take
into
account
the
varied
frequencies
of
response
for
individual
facilities
according
to
characteristics
specific
to
those
facilities,
including
frequency
of
oil
discharges
and
facility
modifications.
An
estimated
431,583
existing
and
newly
regulated
facilities
are
subject
to
the
information
collection
requirements
of
this
final
rule
during
the
first
year
of
the
information
collection
period.
Starting
in
the
third
year
of
this
ICR,
the
net
annualized
capital
and
start­
up
costs
average
$
0.3
million,
and
net
annualized
labor
and
O&
M
costs
are
$
74.5
million
and
$
26.3
million,
respectively.

Send
comments
regarding
this
collection
of
information,
including
suggestions
for
reducing
the
burden,
to:
Regulatory
Information
Division
(
2136),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
N.
W.,
Washington,
DC
20460;
and
to
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street
NW,
34
Washington,
DC
20503,
Attn:
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.

APPENDIX
From
the
Federal
Water
Pollution
Control
Act
(
i.
e.,
Clean
Water
Act):

Sec.
311(
i)
National
Response
System
­­

(
1)
In
General
­­
Consistent
with
the
National
Contingency
Plan
required
by
subsection
(
c)(
2)
of
this
section,
as
soon
as
practicable
after
the
effective
date
of
this
section,
and
from
time
to
time
thereafter,
the
President
shall
issue
regulations
consistent
with
maritime
safety
and
with
marine
and
navigation
laws
(
A)
establishing
methods
and
procedures
for
removal
of
discharged
oil
and
hazardous
substances,
(
B)
establishing
criteria
for
the
development
and
implementation
of
local
and
regional
oil
and
hazardous
substance
removal
contingency
plans,
(
C)
establishing
procedures,
methods,
and
equipment
and
other
requirements
for
equipment
to
prevent
discharges
of
oil
and
hazardous
substances
from
vessels
and
from
onshore
facilities
and
offshore
facilities,
and
to
contain
such
discharges,
and
(
D)
governing
the
inspection
of
vessels
carrying
cargoes
of
oil
and
hazardous
substances
and
the
inspection
of
such
cargoes
in
order
to
reduce
the
likelihood
of
discharges
of
oil
from
vessels
in
violation
of
this
section.

]
