RENEWAL OF INFORMATION COLLECTION REQUEST FOR NOTIFICATION OF EPISODIC
RELEASES OF OIL AND HAZARDOUS SUBSTANCES

May 13, 2004

OMB Submittal

TABLE OF CONTENTS

  TOC \w \x \t "TCHeading 1,1, TCHeading 2,2, TCHeading 3,3, TCHeading 1
NoNumbering,1, Heading 1,1, Heading 2,2, Heading 3,3"  1.	IDENTIFICATION
OF THE INFORMATION COLLECTION	  PAGEREF _Toc149009861 \h  2 

	l(a)	Title and Number of the Information Collection	  PAGEREF
_Toc149009862 \h  2 

	l(b)	Short Characterization and Abstract	  PAGEREF _Toc149009863 \h  2 

2.	NEED FOR AND USE OF THE COLLECTION	  PAGEREF _Toc149009864 \h  2 

	2(a)	Need and Authority for the Collection	  PAGEREF _Toc149009865 \h 
2 

	2(b)	Practical Utility and Users of the Data	  PAGEREF _Toc149009866 \h
 3 

3.	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	 
PAGEREF _Toc149009867 \h  3 

	3(a)	Non-duplication	  PAGEREF _Toc149009868 \h  3 

	3(b)	Public Notice Required Prior to ICR Submission to OMB	  PAGEREF
_Toc149009869 \h  5 

	3(c)	Consultations	  PAGEREF _Toc149009870 \h  5 

	3(d)	Effects of Less Frequent Collection	  PAGEREF _Toc149009871 \h  5 

	3(e)	General Guidelines	  PAGEREF _Toc149009872 \h  5 

	3(f)	Confidentiality	  PAGEREF _Toc149009873 \h  6 

	3(g)	Sensitive Questions	  PAGEREF _Toc149009874 \h  6 

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	  PAGEREF _Toc149009875
\h  6 

	4(a)	Respondents and SIC Codes	  PAGEREF _Toc149009876 \h  6 

	4(b)	Information Requested	  PAGEREF _Toc149009877 \h  6 

(i) Data Items, Including Recordkeeping Requirements	  PAGEREF
_Toc149009878 \h  6 

(ii)	Respondent Activities	  PAGEREF _Toc149009879 \h  7 

5.	THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT	  PAGEREF _Toc149009880 \h  8 

	5(a)	Agency Activities	  PAGEREF _Toc149009881 \h  8 

	5(b)	Collection Methodology and Management	  PAGEREF _Toc149009882 \h 
9 

	5(c)	Small Entity Flexibility	  PAGEREF _Toc149009883 \h  9 

	5(d)	Collection Schedule	  PAGEREF _Toc149009884 \h  9 

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	  PAGEREF
_Toc149009885 \h  10 

	6(a)	Estimating Respondent Burden	  PAGEREF _Toc149009886 \h  10 

	6(b)	Estimating Respondent Costs	  PAGEREF _Toc149009887 \h  11 

	6(c)	Estimating Agency Burden and Cost	  PAGEREF _Toc149009888 \h  13 

	6(d)	Estimating the Respondent Universe and Total Burden and Costs	 
PAGEREF _Toc149009889 \h  14 

	6(e)	Bottom Line Burden Hours and Costs	  PAGEREF _Toc149009890 \h  14 

	6(f)	Reasons for Change in Burden	  PAGEREF _Toc149009891 \h  16 

	6(g)	Burden Statement	  PAGEREF _Toc149009892 \h  16 

APPENDIX A - Phone-Log Summaries	  PAGEREF _Toc149009893 \h  18 

 	

EXHIBITS

Exhibit 1

Unit Burden Hours for Reporting a Typical Release to the NRC	10

Exhibit 2

Unit Cost for Reporting a Typical Release to the NRC	12

Exhibit 3

Agency Burden Hours and Costs for Processing a Telephone Notification	13

Exhibit 4

Estimated Annual Burden Hours and Costs Incurred by Industry	14

Exhibit 4a

Estimated Annual Burden Hours and Costs Incurred by Industry

(Exhibit 4 from ICR supporting statement 1049.09)	14

Exhibit 4b

Estimated Annual Burden Hours and Costs Incurred by Industry

(Corrected Exhibit 4 from ICR supporting statement 1049.09)	15

Exhibit 5

Estimated Annual Burden Hours and Costs for Information

Collection Under CERCLA Section 103(a) and CWA Section 311	15

Exhibit 6

Summary of Total Burden Hour Change

Between This ICR and the Previous ICR	16

IDENTIFICATION OF THE INFORMATION COLLECTION

	l(a)	Title and Number of the Information Collection

Notification of Episodic Releases of Oil and Hazardous Substances - EPA
No. 1049.10.

	l(b)	Short Characterization and Abstract

This information collection request (ICR) addresses the reporting and
recordkeeping activities required to comply with the release
notification requirements for hazardous substances and oil specified in
section 103(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), as amended, and
section 311 of the Clean Water Act (CWA), as amended.  These reporting
requirements are codified at 40 CFR parts 110, 117, and 302.  This ICR
renews the collection activity previously approved under OMB No.
2050-0046 and applies to the period September 1, 2003 through August 31,
2006.  Estimates of the burden placed on industry and the government to
comply with the release notification requirements are presented on an
annual basis.

CERCLA section 103(a) and CWA section 311 require the person in charge
of a facility or vessel to immediately notify the National Response
Center (NRC) of a hazardous substance release into the environment if
the release quantity equals or exceeds the substance’s reportable
quantity (RQ) level and an oil discharge into U.S. waters.  The
regulated community is expected to:

•	Gather necessary release data, such as the time, quantity, and
source of the release;

•	Notify the facility manager of the release;

•	Consult with the environmental compliance expert regarding the
release;

•	Report the release to the NRC; and

•	Keep a log of release data such as the time, date, and circumstances
of the release.  (This information is expected, but not required under
the regulations.)

There are no recordkeeping requirements specified under CERCLA section
103(a), CWA section 311, or their implementing regulations.  The person
in charge of the facility or vessel, however, may elect to maintain a
log detailing the time, date, and circumstances associated with the
reported release.  The purpose of maintaining a log of reported releases
is to track correspondence with response authorities and to document
compliance with release notification requirements under CERCLA and the
CWA.  Because it is assumed the respondent will maintain a log of
reported releases, burden and cost estimates associated with
recordkeeping are included in the ICR.

During the three-year period covered by this ICR (1049.10), it is
estimated that the NRC will receive 24,082 release notifications (i.e.,
hazardous substance release and oil discharge notifications) per annum. 
Assuming 24,082 release notifications per annum, the total annual burden
to respondents is estimated to be approximately 98,736 hours, at a cost
of $7,230,537.  The total annual burden to the government associated
with 24,082 release notifications is estimated to be approximately
24,082 hours, at a cost of $950,998.

NEED FOR AND USE OF THE COLLECTION

	2(a)	Need and Authority for the Collection

The reporting activity required under 40 CFR parts 110, 117, and 302 is
authorized under CERCLA sections 103(a) and 104(e), and CWA sections 311
and 308.  The regulations implementing CERCLA section 103(a) (40 CFR
part 302) require the person in charge of a facility or vessel to
immediately notify the NRC of a hazardous substance release if the
release quantity equals or exceeds the substance’s RQ.  The specific
information provided in the notification required under CERCLA section
103(a) is authorized under CERCLA section 104(e).  Section 104(e)
authorizes the collection of release information, entry and inspection
of the release site, and sampling activities at the release site for the
purposes of  “determining the need for response, or choosing or taking
any response action under [CERCLA].”  The release information
collected is the minimum information needed to determine if a Federal
response action is required to control or mitigate any potential adverse
effects associated with a release.

In addition to the CERCLA notification requirements, the regulations
implementing CWA section 311 (40 CFR part 110) require immediate
notification to the NRC of any release of oil into U.S. navigable waters
that causes a sheen, violates applicable water quality standards, or
causes a sludge or emulsion to be deposited beneath the surface of the
water or upon adjoining shorelines.  The information required to be
provided under CWA section 311 is authorized by CWA section 308, which
allows for the collection of release information and entry, monitoring,
inspection and sampling activities at the release site for the purpose
of ensuring that the objectives of the CWA are satisfied.  The Federal
government needs to be notified of releases of oil in order to determine
if a response action is necessary to mitigate or prevent damage to
public health or welfare or the environment.

	2(b)	Practical Utility and Users of the Data

The hazardous substance and oil release information collected pursuant
to CERCLA section 103(a) and CWA section 311 has a variety of different
uses.  Federal response authorities, such as EPA and United States Coast
Guard On-Scene Coordinators (OSCs), use the information to evaluate the
environmental and human health risks attributable to a reported release
and to determine if a Federal response action is necessary to mitigate
or prevent any adverse effects associated with the release.  Any
reportable hazardous substance release or discharge of oil into the
environment warrants a timely evaluation of its source, emission rate,
chemical form, media affected, and quantity released to ensure the
proper protection of public health and welfare and the environment. 
Responses to hazardous substance and oil release notifications by
Federal authorities may take a variety of forms, including monitoring
and overseeing cleanup activities conducted by the responsible party,
evacuating surrounding populations, and directing the actual cleanup
operation.

The hazardous substance and oil release information collected under
CERCLA section 103 and CWA section 311 also is used by EPA program
offices and other Federal agencies to evaluate the potential need for
additional regulations, new permitting requirements for specific
substances or sources, or improved emergency response planning.

In addition, release notification information, which is stored in the
national Emergency Response Notification System (ERNS) data base, is
used by State and local government authorities, the regulated community,
and the general public.  State and local government authorities and the
regulated community use release information to help inform local
emergency response planning.  The public use release information to
become aware of the releases that have occurred in their communities and
throughout the nation and to learn of actions, if any, that are being
taken to protect public health and welfare and the environment.  The
public has access to release information, statistics, and fact sheets
through the Freedom of Information Act and the NRC’s website ( 
HYPERLINK "http://(http://www.nrc.uscg.mil/index.html)." 
http://www.nrc.uscg.mil/nrchp.html ).

NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3(a)	Non-duplication

The information required to be provided in the telephone call to the NRC
is the minimum information necessary to evaluate a hazardous substance
release or discharge of oil.  Direct notification to the NRC, as opposed
to notification to multiple Federal response authorities, helps to
ensure a coordinated Federal response effort and that unnecessary delays
in requesting assistance do not occur.  One call to the NRC fulfills the
requirement to report releases of hazardous substances under CERCLA and
several other regulatory programs, including the CWA, the Resource
Conservation and Recovery Act, and the Hazardous Materials
Transportation Act.  When the NRC receives a notification, the NRC
watchstander immediately notifies the appropriate Federal OSC, who
evaluates the circumstances surrounding the release and determines the
need for a government response action.  The Federal government has
extensive resources, expertise, and authority under CERCLA to formulate
response actions, ensuring a timely and coordinated field response with
State, local, and private organizations, if needed.

EPA analyzed possible areas of overlap with other regulations, and
concluded that there are limited areas of overlap with reporting
requirements under other statutes and provisions.  For example, there
may be limited duplication with the reporting requirements specified in
CERCLA section 103(a) and in certain permitting regulations.  Permitting
regulations often require reports if the permit level is exceeded. 
Thus, if a release of a hazardous substance exceeds its permit level and
the substance’s RQ, the release must be reported to both the
applicable Federal or State permitting authority and NRC.  However, the
purpose and timing of the two reports often differ.  Violations of
permit regulations are reported to EPA Regional permitting offices or to
State permitting authorities in order to maintain proper permit
enforcement records or to evaluate ambient conditions over time. In
contrast, Federal officials use release information provided to the NRC
to evaluate the release situation and determine if a government response
is necessary.   Thus, the notification in monthly monitoring reports
that a permit is exceeded is not timely for response purposes.

In addition to a possible overlap between CERCLA reporting and certain
permitting regulations, there may be some overlap with respect to the
reporting requirements specified in section 304 of the Emergency
Planning and Community Right-to-Know Act (EPCRA), which requires
immediate reporting of releases of CERCLA hazardous substances equal to
or above an RQ to State and local response officials.  Reporting to the
NRC as well as to the appropriate State Emergency Response Commission
(SERC) and Local Emergency Planning Committee (LEPC), as required under
EPCRA section 304, is appropriate, however, because it ensures that the
Federal government is alerted to releases that may require a Federal
field response.  Although the SERCs and LEPCs are notified of the
releases under EPCRA section 304, some SERCs and LEPCs may not possess
the resources necessary for a proper response action.  Notification to
the NRC allows for a timely response in the event of an emergency. 
Furthermore, reporting to the NRC, SERC, and LEPC provides for a
coordinated effort among Federal, State, and local response officials,
which helps ensure that an efficient response action is taken.  When
Congress enacted EPCRA section 304, it was aware that releases of
hazardous substances were already reported to the NRC; Congress
determined that it was necessary and appropriate for such potentially
hazardous releases to be reported immediately to all potentially
affected government jurisdictions.  The requirements under EPCRA,
however, are separate from those under CERCLA, and are outside the scope
of this ICR (1049.10).  The statutory requirements under CERCLA and
EPCRA are clear and distinct; the Federal response system, as well as
the State and local response systems, must be immediately alerted to
potentially dangerous releases of hazardous substances that may pose a
threat to public health or welfare or the environment.

	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.),
EPA requested comment from the public through the Federal Register
notice on the renewal of this ICR (1049.10).  The public EDocket Number
for the notice is SFUND-2000-0009, and can be accessed at (  HYPERLINK
"http://(http://www.epa.gov/edocke"  http://www.epa.gov/edocket/ ). 
There were no comments received.

	3(c)	Consultations

 

EPA consulted with a number of Federal and State government agencies in
the development of the information collection activities described in
this ICR (1049.10).  Workgroups were used to develop all RQ adjustment
regulations as well as the oil discharge regulation.  These Workgroups
consisted of representatives from various EPA program offices, the ten
EPA Regions, and the NRC.  Participation of these parties in the
Workgroups was sufficient to address and resolve all outstanding issues.
 The comments received on the proposed rules were addressed in the
relevant Response to Comments Documents and in the preambles to the
respective final rules.

In addition to Workgroup activities, EPA sponsored many workshops and
training sessions throughout the country for industry and Federal,
State, and local government response officials on the release
notification requirements under CERCLA and the CWA.  The workshops were
held to educate the regulated community as well as those Federal and
State agencies required to implement the regulations.  In addition, the
workshops provided an opportunity for the public to ask questions about,
and comment on, the implementation of the reporting regulations under
CERCLA and the CWA.

For this renewal, several individuals (fewer than 9) responsible for
making notifications to the NRC were consulted regarding the burden this
collection imposes.  Brief summaries of those consultations are
contained in Appendix A to this renewal supporting statement.

	3(d)	Effects of Less Frequent Collection

The information required under the regulations implementing CERCLA
section 103(a) and CWA section 311 is not collected at any specified
frequency; rather, it is collected when reportable releases occur.  The
information collected under the regulations, such as the source,
quantity, and type of material released and the environmental medium
affected, is critical to evaluating the threat posed by the release and
the need for a response action.  The regulatory requirements evaluated
in this ICR (1049.10) represent EPA’s efforts to ensure that the NRC
is notified immediately of those hazardous substance and oil releases
for which a Federal response action may be necessary to protect public
health and welfare and the environment.

	3(e)	General Guidelines

The regulations implementing CERCLA section 103(a) and CWA section 311
adhere fully to OMB’s general guidelines concerning the collection of
information and the control of paperwork burdens on the public.

	3(f)	Confidentiality

The regulations implementing CERCLA section 103(a) and CWA section 311
do not require the submittal of any proprietary, trade secret, or other
confidential information.

	3(g)	Sensitive Questions

The regulations implementing CERCLA section 103(a) and CWA section 311
do not require the submission of any sensitive business information.  In
addition, the information collection requested under these regulations
is in compliance with the Privacy Act of 1974 and OMB Circular A-108.

THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a)	Respondents and SIC Codes

This section is not applicable.  The use and release of hazardous
substances and oil are pervasive throughout industry.  EPA expects a
number of different industrial categories to report hazardous substance
and oil releases pursuant to the requirements specified in CERCLA
section 103(a) and CWA section 311.  No one industry sector or group of
sectors or size of facility is affected disproportionately by the
information collection burden.

	4(b)	Information Requested

Data Items, Including Recordkeeping Requirements

Notification under CERCLA section 103(a) and CWA section 311 is intended
to ensure that Federal authorities receive prompt notification of
hazardous substance and oil releases for which a timely response may be
necessary to protect public health or welfare or the environment.  The
information provided in the telephone call to the NRC serves to notify
government authorities of the release and provides them with a
description of the circumstances surrounding the release.  The following
information is requested from all callers:

•	The name and location of the individual reporting the release, the
name and type of organization (e.g., general public, industrial
facility, or Federal, State, or local government) with which the
individual reporting the release is affiliated, and the telephone number
of the person reporting the release;

•	The name and location of the releaser, the type of organization
responsible for the release, and the telephone number of the releaser;

•	The location of the release;

•	The date and time of the release;

•	The name and type of material involved in the release, and the
quantity of the substance released;

•	The source of the release, the vehicle identification or carrier
number, if applicable, and a brief description of the source;

•	The environmental medium affected by the release (e.g., air, land,
water, or ground water);

•	The cause of the incident (e.g., transportation accident,
operational error, natural phenomenon), and a brief description of the
release scenario denoting any unusual circumstances associated with the
release;

•	Information on damages that occurred as a result of the release,
including the number of injuries, number of deaths, and any property
damage;

•	A description of the response actions taken at the release site, if
any;

•	The name(s) and type of organization(s) that the caller has already
notified; and

•	Any additional comments or information regarding the release.

As mentioned previously, there are no recordkeeping requirements
specified under CERCLA section 103(a), CWA section 311, or their
implementing regulations.  The person in charge of the facility or
vessel, however, may elect to maintain a log detailing the time, date,
and circumstances associated with the reported release.  The purpose of
maintaining a log of reported releases is to track correspondence with
response authorities and to document compliance with release
notification requirements under CERCLA and the CWA.  Because the
respondent will in all likelihood maintain a reported release log,
burden and cost estimates associated with recordkeeping are included in
this ICR (1049.10).

Respondent Activities

To comply with the notification requirements specified in the
regulations implementing CERCLA section 103(a) and CWA section 311, the
regulated community is expected to perform the following activities:

•	Gather necessary release data, such as the time, quantity, and
source of the release;

•	Notify the facility manager of the release;

•	Consult with the environmental compliance expert regarding the
release;

•	Report the release by telephone to the NRC; and

•	Keep a log of release data such as the time, date, and circumstances
of the release.  (This information is expected but not required under
the regulations.)

These five general steps have been verified through conversations with
environmental compliance experts at facilities that reported releases of
hazardous substances to the NRC during 1992, 1993, and 1994.  Each
environmental compliance manager at these facilities was asked about the
internal activities that are likely to occur between the time a release
of a hazardous substance is discovered and the time a call is made to
the NRC.  The burden hours associated with reporting a release were in
part based upon these findings.  

THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT

	5(a)	Agency Activities

Every hazardous substance and oil release reported by the regulated
community to the NRC must be evaluated by Federal authorities.  The
appropriate Federal On-Scene Coordinator (OSC) is notified of a release
by a telephone call from the NRC.  The NRC conveys all the relevant
information regarding the release to the OSC, including whether the
release is to air, soil, water, etc., the source of the release, and the
type of substance released.  The telephone call from the NRC to the OSC
must occur within 15 minutes of the original release notification.  The
OSC is responsible for evaluating the circumstances surrounding the
release to determine whether government monitoring and/or a Federal
response action may be necessary.

NRC personnel are also responsible for entering release information into
the NRC data base.  The release data are stored in the NRC data base,
ERNS, a national data base that stores release information by facility. 
The data can be accessed through the NRC web site:   HYPERLINK
"http://www.nrc.uscg.mil/foia.htm."  http://www.nrc.uscg.mil/foia.html. 
 The primary activity of the Federal government under the regulations
implementing CERCLA section 103(a) and CWA section 311 is processing and
recording the reported release information, and responding to releases
that may pose a significant hazard to public health or welfare or the
environment.

With respect to OMB’s Terms of Clearance (ICR 1049.09), EPA was
directed to promptly make any necessary adjustments to the ICR if and
when any changes are made to the definition of “federally permitted
releases.”  No changes to that definition were made by EPA.

	5(b)	Collection Methodology and Management

For purposes of reporting releases under the regulations implementing
CERCLA section 103(a) and CWA section 311, a person in charge of a
facility or vessel that experiences a reportable release must telephone
the NRC.  The NRC notifies the appropriate EPA Region or United States
Coast Guard Office, the affected State, and any other Federal agency
that may be able to lend support to a potential response action.

To manage the hazardous substance and oil release information submitted
in accordance with CERCLA section 103(a) and CWA section 311, EPA uses
the ERNS data base.  When a hazardous substance or oil release is
reported to the NRC, it is immediately entered into the NRC data base. 
The ERNS data base allows EPA to document, analyze, and maintain data
gathered under the CERCLA and CWA notification process.

For Federal response authorities, the ERNS data base reduces the cost
and time associated with processing and documenting release reports. 
For other EPA program offices, State and local response officials, and
the public, ERNS provides for easy access to release data.

	5(c)	Small Entity Flexibility

The notification requirements apply equally to all facilities or
vessels, regardless of size, that have reportable releases of CERCLA
hazardous substances or oil.  The regulations do not impose any general
information collection or recordkeeping requirements on small
businesses.  EPA believes that the notification requirements specified
under these regulations represent the minimum level of information
necessary for Federal response officials to determine if a government
response action is needed to prevent or mitigate any damage to public
health or welfare or the environment.  The regulatory requirements are
satisfied by a toll-free telephone call to the NRC.  A reduction in
these reporting requirements for small businesses is not possible
without jeopardizing the Federal government’s ability to evaluate the
threat posed by a release and determine if a Federal response is
necessary.

	5(d)	Collection Schedule

Information is not collected at any specified frequency; rather, it is
collected when reportable releases occur.  Under CERCLA section 103(a),
a release of a hazardous substance is reportable when it equals or
exceeds its RQ.  Pursuant to CWA section 311, a discharge of oil into
navigable waters is reportable whenever the discharge causes a sheen,
violates applicable water quality standards, or causes a sludge or
emulsion to be deposited beneath the surface of the water or upon
adjoining shorelines.

ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	6(a)	Estimating Respondent Burden

Under CERCLA section 103(a) and CWA section 311, the person in charge of
a facility or vessel that experiences a reportable release is expected
to perform the following activities: (1) gather necessary release data,
such as the time, date, quantity, and source of the release; (2) notify
the facility manager of the release; (3) consult with the environmental
compliance expert regarding the release; (4) report the release by
telephone to the NRC; and (5) keep a log of release data such as time,
date, and circumstance of the release.  (A respondent is not required to
keep a log of release data under the episodic release notification
regulation, however EPA assumes respondents will keep a log of release
data.)  Cost and burden estimates associated with completing these
activities assume that respondents will telephone the NRC with 24,082
release notifications per annum between September 1, 2003 through August
31, 2006.

Exhibit 1 presents a summary of the unit burden hours associated with
reporting a typical release to the NRC.  The burden associated with the
first collection activity in Exhibit 1, “Initial Telephone Call to the
NRC,” includes the burden of gathering of data on the release,
notifying the facility manager of the release,  and consulting with an
environmental compliance expert regarding the release.  EPA has
estimated that the respondent’s burden hours for reporting a typical
release is 4.1 hours.

Exhibit 1

Unit Burden Hours for Reporting a Typical Release to the NRC

Collection Activity	

Burden Hours

	

Total Burden Hours

	

Managerial	

Technical	

Clerical

	

Initial Telephone Call to the NRC	

1.0	

1.0	

0.0	

2.0



Recordkeeping	

0.1	

1.0	

1.0	

2.1



Total	

1.1	

2.0	

1.0	

4.1



Initial Telephone Notification

In estimating the burden to industry that the regulations implementing
CERCLA section 103(a) and CWA section 311 may impose, EPA has assumed
that the respondent’s initial telephone  notification to the NRC
regarding a release requires approximately one hour of technical
personnel time and one hour of managerial time.  Therefore, in this ICR
(1049.10), as in the previous ICR (1049.09), EPA assumes two burden
hours for the initial telephone notification.  This burden-hour estimate
was confirmed through telephone conversations with facilities that
reported releases to the NRC.  Facilities generally agreed that the time
required to evaluate a release will vary, depending on the nature of the
release.  Most of the facilities stated that the evaluation was
relatively straightforward, requiring well under one hour.  One facility
stated that evaluating a release and determining if the release should
be reported to the NRC could require as many as four hours of a single
technical expert’s time.  Other facilities responded that it would
probably take 15 minutes to ½ hour of managerial time to determine
whether a call to the NRC was required.  In general, most facilities
agreed that, on average, two to three person-hours was a reasonable
estimate for the time required to determine the need to report the
release to the NRC.  Therefore, in this ICR (1049.10), as in the
previous ICR (1049.09), the assumption is made that the burden of the
telephone call for each reportable release is two hours (composed of one
hour of management’s time and one hour of technician’s time),
regardless of the environmental medium affected and the substance
released.

Recordkeeping

Although neither CERCLA nor the CWA requires that records of releases be
kept, EPA assumes that a facility will keep a log of any calls made to
government organizations.  Such a log will be useful for managers in
establishing that the notification requirements of CERCLA section 103(a)
and CWA section 311 have been met.  The log may include a description of
the incident and its cause, the NRC/ERNS report number, a brief account
of any conversations with Federal officials, and a description of the
outcome of the incident, including any cleanup action taken.  The burden
associated with internal recordkeeping is estimated at one technical
hour and one clerical hour per release.  Further, a ratio of one-tenth
managerial hour to each hour of clerical time is also assumed. 
Therefore, in this ICR (1049.10), as in the previous ICR (1049.09), EPA
assumes 2.1 burden hours per release for recordkeeping.

Response Actions

Under section 103(a) of CERCLA and section 311 of CWA facilities and
vessels responsible for a release are required to take appropriate
action to clean up the release.  However, because there is no paperwork
burden associated with these response actions, the capital and labor
costs associated with response actions are not within the scope of this
ICR (1049.10).

	6(b)	Estimating Respondent Costs

 TA \s "Exhibits" \c 0 Estimating Labor Costs

The estimated cost to a respondent for evaluating a release and calling
the NRC regarding the release are a function of the time expended by
respondent personnel (i.e., the burden estimates presented in section
6(a)), and the hourly wage rates for the appropriate categories of
labor.  The hourly wage rates used for industry in this ICR are from
June 2003 and were obtained from the Bureau of Labor Statistics.  For
purposes of this analysis, EPA estimates an average hourly respondent
labor cost of $43.74 for managerial staff, $30.18 for technical staff,
and $19.22 for clerical staff.

These rates reflect employer cost for employee compensation in the
United States as of June 2003 and include both employer costs for
legally required benefits (e.g., social security, worker’s
compensation, and unemployment insurance), other important fringe
benefit categories (e.g., insurance, paid leave, retirement and
savings), and overhead and general and administrative costs.  

 TA \s "Exhibits" \c 0 Estimating Capital and Operation & Maintenance
Costs

Capital costs usually include any produced physical good needed to
provide the needed information, such as machinery, computers, and other
equipment.  EPA does not anticipate that respondents will incur capital
costs in carrying out the information collection requirements of this
regulation.

Operation and Maintenance (O&M) costs are those costs associated with
paperwork requirements incurred continually over the life of the ICR. 
EPA does not anticipate that respondents will incur O&M costs in
carrying out the information collection requirements of the proposed
rule.

Costs associated with the burden hours presented in section 6(a) of this
ICR (1049.10) are shown in Exhibit 2.

 TA \s "Exhibits" \c 0 Exhibit 2

Unit Cost for Reporting a Typical Release to the NRC

Collection Activity	

Burden Hours

	

Unit Capital/Start Up Cost	

Unit O&M Cost	

Total Unit Cost

	

Managerial

($43.74/Hour)	

Technical

($30.18/Hour)	

Clerical

($19.22/Hour)



	

Initial Telephone Notification to the NRC	

1.0	

1.0	

0.0	

$0.00	

$0.00	

$73.92



Recordkeeping	

0.1	

1.0	

1.0	

$0.00	

$0.00	

$53.77



Total	

1.1	

2.0	

1.0	

$0.00	

$0.00	

$127.69



For a typical release, EPA has estimated that it costs the respondent
$127.69 to report the release to the NRC and record the release data in
the respondent’s log.

 

	6(c)	Estimating Agency Burden and Cost

Federal government authorities are expected to perform the following
activities under the episodic release notification regulation:  (1)
process respondent telephone notifications of a release; (2) monitor
cleanup activities; and (3) conduct field response actions.  EPA
estimates that only the first Federal government activity listed above,
“process telephone notifications,” will involve the processing of
submitted paperwork.  Estimated unit burden hours and costs and total
annual burden hours and costs for the “process telephone
notifications” activity are presented in Exhibit 3.  For the period
covered by this ICR (1049.10), EPA has assumed that the Federal
government average hourly labor cost is $39.49.

 TA \s "Exhibits" \c 0 Exhibit 3

Agency Burden Hours and Costs for Processing a Telephone Notification

Collection Activity	

Number of Reportable Releases/Year	

Unit Burden Hours	

Unit Capital/Start Up Cost	

Unit O&M Cost	

Total Unit Cost	

Total Annual Burden Hours	

Total Annual Cost



Processing Telephone Notification	

24,082	

1.0	

$0.00	

$0.00	

$39.49	

24,082	

$950,998



Processing Telephone Notification

The total burden of processing a telephone notification of a release
consists of the time the NRC uses to (1) communicate with the
respondent, (2) record and enter the information provided in the
telephone call into the NRC data base, and (3) contact the predesignated
EPA or Coast Guard OSC or other parties by telephone.  EPA has estimated
that one hour is needed to complete all the activities associated with
processing an initial telephone notification.  Therefore, the unit cost
associated with processing an initial telephone call is $39.49 (1 hour x
$39.49 per hour = $39.49).

Response Activities

For some percentage of releases, the information provided in the
telephone notification will prompt EPA to monitor cleanup activities. 
Monitoring a cleanup will allow EPA to directly assess and evaluate the
circumstances surrounding the release, and the population and
environment potentially affected by the release.  In a small percentage
of cases, the owner/operator will be unable to respond to the release or
cleanup activities will appear unsatisfactory, requiring EPA to conduct
its own field response actions to ensure that all potential hazards have
been addressed and that the release has been thoroughly cleaned up. 
However, as these actions are not directly related to the processing of
submitted paperwork, the costs and burden hours associated with these
actions are not covered under this ICR (1049.10).

	6(d)	Estimating the Respondent Universe and Total Burden and Costs

ERNS data from 2000, 2001, and 2002 were used to estimate the number of
releases that will be reported to the NRC during the period of September
1, 2003 through August 31, 2006. The exhibits in this section show
projected annual release reports, burden hours, and costs.

The total cost and total burden estimates presented in this ICR
(1049.10) are the aggregate annual costs and burden hours associated
with reporting all hazardous substances and oil releases pursuant to
CERCLA section 103(a) and CWA section 311.

Annual respondent burden hours are equal to the number of releases
reported to the NRC in a year multiplied by the unit burden hours
associated with reporting a release.  Annual cost is equal to the number
of releases reported to the NRC in a year multiplied by the unit cost of
reporting a release.  Exhibit 4 presents the annual total annual burden
hour and cost estimates for respondents.

 TA \s "Exhibits" \c 0 Exhibit 4

Estimated Annual Burden Hours and Costs Incurred by Industry

Collection Activity	

Number of Reportable Releases / Year	

Unit Burden Hours	

Unit Cost	

Burden Hours	

Annual Cost



Telephone Notification	

24,082	

2.0	

$73.92	

48,164	

$3,560,283



Recordkeeping	

24,082	

2.1	

$53.77	

50,572	

$2,719,256



Total	

24,082	

4.1	

$127.69	

98,736	

$6,279,539



	6(e)	Bottom Line Burden Hours and Costs

Exhibits 3 and 4 present the annual burden hours and costs incurred by
the government and respondents, respectively, for all information
collection requirements covered in this ICR (1049.10).  Exhibit 5
summarizes the bottom-line burdens and costs incurred by both
respondents and government.  The bottom-line burden to respondents is
approximately 98,736 hours per year, at a cost of $6,279,539.  The
bottom line burden to the government is approximately 24,082 hours per
year, at a cost of $950,998.  

It appears that there is a significant increase in the bottom-line cost
burden to respondents from the previous ICR (1049.09).  In that ICR
(1049.09), the bottom-line cost to respondents was estimated at,
$3,962,005.  Unfortunately there was a calculation error in that
estimate that was identified and corrected for this ICR (1049.10).  The
following Exhibit 4a is a reprint from the previous ICR (1049.09):

Exhibit 4a

Estimated Annual Burden Hours and Costs Incurred by Industry

(Exhibit 4 from ICR supporting statement 1049.09)

Collection Activity	

Number of Reportable Releases / Year	

Unit Burden Hours	

Unit Cost	

Burden Hours	

Annual Cost



Telephone Notification	

23,726	

2.0	

$95.39	

47,452	

$2,263,223



Recordkeeping	

23,726	

2.1	

$71.60	

49,825	

$1,698,782



Total	

23,726	

4.1	

$166.99	

97,277	

$3,962,005



Note that the calculation for annual cost multiplied the “Number of
Reportable Releases/Year” by the “Unit Cost” instead of “Unit
Cost” by “Burden Hours.”  The corrected Exhibit 4b appears below:

Exhibit 4b

Estimated Annual Burden Hours and Costs Incurred by Industry

(Corrected Exhibit 4 from ICR supporting statement 1049.09)

Collection Activity	

Number of Reportable Releases / Year	

Unit Burden Hours	

Unit Cost	

Burden Hours	

Annual Cost



Telephone Notification	

23,726	

2.0	

$95.39	

47,452	

$4,526,446



Recordkeeping	

23,726	

2.1	

$71.60	

49,825	

$3,567,470



Total	

23,726	

4.1	

$166.99	

97,277	

$8,093,916



The estimated annual burden cost should have been reported as
$8,093,916, rather than the $3,962,005 actually reported for the
previous ICR (1049.09).

 TA \s "Exhibits" \c 0 Exhibit 5

Estimated Annual Burden Hours and Costs for Information

Collection Under CERCLA Section 103(a) and CWA Section 311

Economic Sector	

Burden Hours	

Cost



Industry	

98,736	

$6,279,539



Government	

24,082	

$950,998



Total	

122,818	

$7,230,537



	6(f)	Reasons for Change in Burden

Compared to the previous ICR (1049.09), unit burden hours for industry
and the government have not changed in this ICR (1049.10).  However,
total annual burden hours for industry and government have increased in
this ICR (1049.10) because the projected number of release notifications
per annum in this ICR (1049.10) is higher than the projected number of
release notifications per annum in the previous ICR (1049.09).  The
previous ICR (1049.09) projected 23,726 releases would be reported to
the NRC annually, while this renewal ICR (1049.10) projects 24,082
releases will be reported to the NRC annually.  Therefore, comparing
this ICR (1049.10) to the previous ICR (1049.09), total annual burden
hours for industry increase by 1,459 hours and for EPA by 356 hours.

Although this ICR (1049.10) projects an increase in the number of
releases reported to the NRC annually, decreases in the unit costs to
responders for managerial, technical and clerical labor categories
results in an overall reduced cost burden for industry.  The previous
ICR (1049.09) estimated the cost-burden to industry as $8,093,916, this
renewal estimates the cost-burden to industry will be $7,230,537 or
$863,379 less than the previous estimate.  The estimated government unit
cost increased and therefore the cost burden for government is projected
to increase, from $854,136 to $950,998 an increase of $96,862.

 TA \s "Exhibits" \c 0 Exhibit 6

Summary of Total Burden Hour Change

Between This ICR and the Previous ICR

	

This ICR	

Previous ICR	

Difference



Number of Releases Projected to be Reported to NRC Over Three-Year
Period	

72,246	

71,178	

1,068



Annual Industry Burden Hours	

98,736	

97,277	

1,459



Annual Government Burden Hours	

24,082	

23,726	

356

   

	6(g)	Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average approximately 4.1 hours per
response, which includes 2.0 hours of reporting and 2.1 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; 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.     

To comment 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 has established a public docket for this ICR under Docket ID No.
SFUND-2000-0009, which is available for public viewing at the Office of
Solid Waste and Emergency Response Docket in the EPA Docket Center
(EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington,
DC. The EPA Docket Center 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 Office of Solid Waste and Emergency Response
Docket is (202) 566-0276.  An electronic version of the public docket is
available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. 
Use EDOCKET to submit or view public comments, access the index listing
of the contents of the public docket, and to access those documents in
the public docket that are available electronically.  Once in the
system, select “search,” then key in the docket ID number identified
above.  Also, you can send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW, Washington, DC 20503, Attention: Desk Office for EPA.  Please
include the EPA Docket ID No.  (SFUND-2000-0009) and OMB control number
(2050-0046) in any correspondence. 	

APPENDIX A - Phone-Log Summaries

The following calls were made between April 27, 2004 and May 12, 2004. 
The companies were selected from the universe of facilities for which a
release of a hazardous substance at or above an RQ to the NRC was
reported.  Persons responsible for making notifications were queried
about the internal process and procedures taken at the facility between
the time a release is observed and a call is made to the NRC.  Because
the reporting party is not public information, the information
summarized below is about the suspected responsible party.  Additional
information about the reported incident can be obtained through the
NRC’s web site, specifically at:    HYPERLINK
"http://www.nrc.uscg.mil/wdbcgi/wdbcgi.exe/WWWUSER/WEBDB.foia_query.show
_parms" 
http://www.nrc.uscg.mil/wdbcgi/wdbcgi.exe/WWWUSER/WEBDB.foia_query.show_
parms . 

BP Chemicals

Private Enterprise

Lima, OH

Incident Report #712468

On February 5, 2004, BP Chemicals accidentally released 100 pounds of
acrylonitrile.  On May 13, 2004, spoke with the person responsible for
developing procedures for reporting releases.  The facility has
procedures in place and believes EPA’s burden estimates are
reasonable.  The company spokesperson did not have any questions about
the reporting process.

Wayne Farms LLC

Private Enterprise

Jack, AL

Incident Report #716028

On March 15, 2004, Wayne Farms, LLC accidentally released an unknown
amount of anhydrous ammonia due to equipment failure (power failure). As
soon as the actual amount (later that day) of the substance was known,
that information was sent via written report.  On May 11, 2004, spoke
with the person responsible for consolidating communications for the
company.  The company has a crisis action system in place to address
regulatory requirements.  The company keeps records of who they talk to
with regard to submitting reports.  The company spokesperson confirmed
that EPA’s burden estimates were reasonable.

Sarah Lee Bakery

Private Enterprise

Tarboro, NC

Incident Report #715999

Left message, call returned April 28, 2004

On March 15, 2004, Sarah Lee Bakery accidentally released 20 pounds of
anhydrous ammonia due to a faulty gasket on a 3 way valve.  On April 28,
2004, spoke with the person responsible for making the report to the
NRC.  Generally, most plants are running as trim as possible.  When
there is a leak or release, the first priority is to stop it.  Having to
stop to report the release is an issue.  Little nuisance leaks are
problematic because they have to report.  Responder said that he reports
releases within 15 minutes.

Westlake Vinyls, Inc

Private Enterprise 

Calvert City, KY

Incident Report #716614

On March 21, 2004, a release of an unknown amount of ethylene dichloride
was reported from the facility.  On May 11, 2004, spoke with the
individual responsible for making the notification regarding
notification procedures and burden estimates.  Burden estimates are
reasonable.  The facility has plans in place to report episodic releases
to the NRC with followup reports to the state and local authorities.  
The individual did not have any questions.

 The estimate for the number of release notifications received by the
NRC per annum is based on the number of notifications received by the
NRC in the years 2000, 2001, and 2002.   The source of the number of NRC
release notifications is, NRC Statistics - Incident Types, and can be
found at: http://www.nrc.uscg.mil/incident97-02.html.  For the purposes
of this ICR (1049.10), the following incident types are included in the
totals for release notifications: fixed, unknown sheen, vessel, storage
tank, railroad, aircraft, and unknown.  The NRC received 22,817 release
notifications in 2000, 25,644 in 2001, and 23,784 in 2002.  Therefore,
assuming the years 2000, 2001, and 2002 are representative of the period
covered by this ICR (1049.10), the NRC is estimated to receive, on
average, 24,082 release notifications per annum between September 1,
2003 through August 31, 2006.  In the previous ICR (1049.09) the per
annum estimate for the number of release notifications received by the
NRC was 23,726.

This verification was not repeated for this ICR.  It is assumed to
remain the same.

 Bureau of Labor Statistics’ news release dated, August 26, 2003,
entitled, “Employer Costs for Employee Compensation - June 2003”
listed hourly compensation (wages and salaries plus fringe benefits)
rates for civilian managerial, technical, and clerical workers.
Therefore the wage rates used in this ICR (1049.10) include salaries,
fringe benefits, overhead costs and general and administrative costs as
of June 2003.

 This hourly wage estimate was calculated by summing the basic hourly
wage rate for a GS-12 step 1 government employee in 2003 ($24.68) and
the hourly monetary value of the representative employee’s fringe
benefits (assumed to be the basic hourly wage rate multiplied by 60
percent).

See corrected calculation in Exhibit 4b.

OMB SUBMITTAL***May 13, 2004

Page  PAGE  19 

