
[Federal Register: March 24, 2009 (Volume 74, Number 55)]
[Notices]               
[Page 12357-12359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr09-63]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2005-0008; FRL-8786-2]

 
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 No. 1395.07, 
OMB Control No. 2050-0092

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44

[[Page 12358]]

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 April 23, 
2009.

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, Mailcode 
28221T, 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, Office of Emergency 
Management, Mailcode 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 December 12, 2008 (73 FR 75706), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. 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 3334, 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
is open from 8:30 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-
1744.
    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, confidential business information (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 numbers: EPA ICR No. 1395.07, OMB Control No. 2050-0092.
    ICR Status: This ICR is scheduled to expire on May 31, 2009. 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 (EHS). This ICR also covers the 
notification and the written follow-up required under this section. The 
implementing regulations and the list of substances for emergency 
planning and emergency release notification are codified in 40 CFR part 
355.
    On November 3, 2008 (73 FR 64452), EPA revised some of the 
requirements in 40 CFR part 355, specifically, the requirements related 
to emergency planning notification. EPA is now requiring facilities to 
notify their LEPC within 30 days of any changes occurring at the 
facility that may be relevant to emergency planning. This revision 
should not impose any additional burden on facilities subject to 
emergency planning. Prior to the November 3, 2008 final rule, 
facilities were required to provide any changes to the LEPC promptly. 
This final rule now requires facilities to provide any changes within 
30 days. Other revisions finalized on November 3, 2008, do not impose 
any burden on facilities subject to section 302 and 304 requirements.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 3 
hours per response. 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: 98,456 (annual).
    Frequency of Response: EPCRA section 302 reporting is a one-time

[[Page 12359]]

notification unless there are changes to the reported information; 
EPCRA section 304 notification is only when a release occurs from the 
facility.
    Estimated Total Annual Hour Burden: 295,756 hours.
    Estimated Total Annual Cost: $13,134,444, including $68,719 
annualized O&M costs. There are no capital costs associated with this 
ICR.
    Changes in the Estimates: Based on the information received from 
the Regions, the number of facilities subject to section 302 increased 
by 18,080 from the previous ICR. EPA also noticed that the release 
notification calls to the National Response Center also increased by 
10,502 from the previous ICR. EPA underestimated the burden incurred by 
facilities in developing written follow-up reports under section 304 in 
previous ICRs. In this ICR, EPA developed an average for the burden 
incurred to comply with section 304 reporting based on the information 
provided by industries that the Agency contacted.
    Due to the reasons above, there is an increase of 112,409 hours in 
the estimated average annual burden in this ICR from what is currently 
approved.

    Dated: March 18, 2009.
John Moses,
Acting Director, Collection Strategies Division.
[FR Doc. E9-6410 Filed 3-23-09; 8:45 am]

BILLING CODE 6560-50-P
