

[Federal Register: February 1, 2006 (Volume 71, Number 21)]
[Notices]               
[Page 5315-5316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe06-71]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2005-0008, FRL-8026-9]

 
Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Emergency Planning and Release 
Notification Requirements Under Emergency Planning and Community Right-
to-Know Act Sections 302, 303, and 304 (Renewal), EPA ICR Number 
1395.06, OMB Control Number 2050-0092

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before March 3, 2006.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2005-0008, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to superfund.docket@epa.gov, or by mail 

to: EPA Docket Center, Environmental Protection Agency, Superfund 
Docket, Mail Code 5305T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460, and (2) OMB by mail to: Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attention: Desk Officer 
for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, 5104A, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: 202-564-8019; fax number: 202-564-2620; e-mail 
address: jacob.sicy@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On September 12, 2005 (70 FR 53793), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received one comment during 
the comment period, which is addressed in the ICR. Any additional 
comments on this ICR should be submitted to EPA and OMB within 30 days 
of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-SFUND-2005-0008, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Superfund Docket in 

the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 
The telephone number for the Reading Room is 202-566-1744, and the 
telephone number for the Superfund Docket is 202-566-0276.
    Use EPA's electronic docket and comment system at 
http://www.regulations.gov, to submit or view public comments, access the 

index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov as EPA receives 

them and without change, unless the comment contains copyrighted 
material, CBI, or other information whose public disclosure is 
restricted by statute. For further information about the electronic 
docket, go to http://www.regulations.gov.

    Title: Emergency Planning and Release Notification Requirements 
under Emergency Planning and Community Right-to-Know Act Sections 302, 
303, and 304 (Renewal).
    ICR number: EPA ICR No. 1395.06, OMB Control No. 2050-0092.
    ICR Status: This ICR is scheduled to expire on February 28, 2006. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: The authority for these requirements is sections 302, 
303, and 304 of the Emergency Planning and Community Right-to-Know Act 
(EPCRA), 1986 (42 U.S.C. 11002, 11003, and 11004). EPCRA established 
broad emergency planning and facility reporting requirements. Section 
302 requires facilities to notify their state emergency response 
commission (SERC) that the facility is subject to emergency planning. 
This activity has been completed; this ICR covers only new facilities 
that are subject to this requirement. Section 303 requires the local 
emergency planning committees (LEPCs) to prepare emergency plans for 
facilities that are subject to section 302. This activity has been also 
completed; this ICR only covers any updates needed for these emergency 
response plans. Section 304 requires facilities to report to SERCs and 
LEPCs releases in excess of the reportable quantities listed for each 
extremely hazardous substance

[[Page 5316]]

(EHS). This ICR also covers the notification and the written follow-up 
required under this section.
    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 in 40 CFR are listed in 40 CFR part 9 and are identified on 
the form and/or instrument, if applicable.
    Burden Statement: As explained in the supporting statement, EPA 
does not expect any new facilities to come into compliance during this 
ICR period. This ICR only covers periodic reporting or updates of 
information submitted previously by existing facilities. The average 
reporting burden for a limited number of existing facilities to inform 
the LEPC of any changes at the facility that may affect emergency 
planning is 1.50 hours. The average reporting burden for facilities 
reporting releases under 40 CFR 355.40 is estimated to average 
approximately 5 hours per release, including the time for determining 
if the release is a reportable quantity, notifying the LEPC and SERC, 
or the 911 operator, and developing and submitting a written follow-up 
notice. There are no record keeping requirements for facilities under 
EPCRA Sections 302-304. The total burden to facilities over three years 
is 229,473 hours at a cost of $11.1 million, and the annual burden to 
facilities is 76,491 hours $3.7 million.
    The average burden for emergency planning activities is 21 hours 
per plan for LEPCs, and 16 hours per plan for SERCs. Each SERC and LEPC 
is also estimated to incur an annual record keeping burden of 10 hours. 
The total burden to SERCs and LEPCs over three years is 320,568 hours 
at a cost of $8.1 million. The annual LEPC and SERC burden is 106,856 
hours and $2.7 million.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements 
which have subsequently changed; 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.
    Respondents/Affected Entities: Entities potentially affected by 
this action are those which have a threshold planning quantity of an 
extremely hazardous substance (EHS) listed in 40 CFR part 355, Appendix 
A and those which have a release of any of the EHS above a reportable 
quantity. Entities more likely to be affected by this action may 
include chemical manufacturers, non-chemical manufacturers, retailers, 
petroleum refineries, utilities, etc.
    Estimated Number of Respondents: 84,815.
    Frequency of Response: Occasionally.
    Estimated Total Annual Hour Burden: 183,347.
    Estimated Total Annual Cost: $6,428,000, includes $0 annualized 
capital costs, $27,000 annual O&M costs, and $6,401,000 annual labor 
costs.
    Changes in the Estimates: The estimated average annual burden for 
both the affected facilities and the SERCs and LEPC has decreased from 
the previous ICR by 29,113 hours. This includes a decrease to 
facilities from 88,188 hours per year under the previous ICR to 76,491 
hours per year under this ICR. The estimated burden to affected 
facilities has declined from the previous ICR because no new facilities 
will be subject to the regulations during this ICR period. Therefore, 
the burden or costs were not calculated for compliance for new 
facilities. Labor costs have risen for currently covered facilities 
because we used the most recent wage rates (March 2005). The estimated 
average burden for SERCs and LEPCs decreased from 124,272 hours to 
106,856 hours because the number of plans reviewed by SERCs annually 
has been reduced based on information from states that indicate that 
the level of review has declined from the early years of the program.

    Dated: January 20, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6-1351 Filed 1-31-06; 8:45 am]

BILLING CODE 6560-50-P
