[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Notices]
[Pages 57443-57444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26185]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2007-0469; FRL-9971-65-OLEM]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Continuous Release Reporting Requirements; 
Reporting Air Releases of Hazardous Substances From Animal Wastes at 
Farms Under CERCLA Section 103

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an 
information collection request (ICR), ``Continuous Release Reporting 
Requirements; Reporting Air Releases of Hazardous Substances From 
Animal Wastes at Farms Under CERCLA Section 103'' (EPA ICR No. 1445.13, 
OMB Control No. 2050-0086) to the Office of Management and Budget (OMB) 
for review and approval in accordance with the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.). This is a request for approval of a 
collection for a sector (farms) that were not included in the ICR 
currently approved by OMB (Control No. 2050-0086) (EPA ICR No. 
1445.12). A fuller description of the ICR is given below, including its 
estimated burden and cost to the public. An Agency may not conduct or 
sponsor and a person is not required to respond to a collection of 
information unless it displays a currently valid OMB control number.

DATES: Comments may be submitted on or before December 15, 2017.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
SFUND-2007-0469, to (1) EPA online using www.regulations.gov (our 
preferred method), by email to [email protected] or by mail to: 
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email 
to [email protected]. Address comments to OMB Desk Officer 
for EPA.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, 5104A, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460; telephone number: (202) 564-8019; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This information collection request (ICR) addresses the 
reporting and recordkeeping activities required for farms to comply 
with EPA's Continuous Release Reporting Regulation (CRRR; 40 CFR 302.8) 
implementing Section 103(f)(2) of CERCLA. The CRRR clarifies the types 
of releases that qualify for reporting under CERCLA Section 103(f)(2) 
and establishes the reporting requirements applicable to qualifying 
releases. This ICR estimates the burden and cost impacts on farms 
reporting air releases of hazardous substances from animal wastes at 
farms under CERCLA Section 103(f).

 Statutory Background

    CERCLA Section 103(a) requires persons in charge of a facility or 
vessel to immediately notify the National Response Center (NRC) of any 
hazardous substance release that equals or exceeds its reportable 
quantity (RQ) and is not federally permitted. EPA regulations 
implementing CERCLA Section 103 is codified in 40 CFR part 302. The 
information collection for episodic releases (immediate release 
notification) is covered under OMB Control Number 2050-0046. Section 
103(f)(2) of CERCLA provides relief from the per-occurrence 
notification requirements of Section 103(a) for hazardous substance 
releases that are ``continuous,'' and ``stable in quantity and rate,'' 
provided that such releases are reported ``annually, or at such time as 
there is any statistically significant increase'' in the quantity of 
the release. Section 103(f)(2) contemplates that, in the case of 
certain ``continuous'' and ``stable'' releases, the notification 
objectives of CERCLA can be achieved with less frequent reporting.

 Background for this ICR

    On December 18, 2008, EPA published a final rule, ``CERCLA/EPCRA 
Administrative Reporting Exemption for Air Releases of Hazardous 
Substances From Animal Waste at Farms,'' that exempted farms releasing 
hazardous substances from animal waste to the air at or above threshold 
levels from reporting under CERCLA Section 103. The final rule also 
exempted reporting of such releases under EPCRA section 304 if the farm 
had fewer animals than a large concentrated animal feeding operation 
(CAFO).
    On April 11, 2017, the D.C. Circuit Court vacated this final rule, 
thus eliminating the exemptions. Therefore, farms that were previously 
not subject to reporting requirements for air releases of hazardous 
substances from animal wastes are now required to report. This means 
that farms are now subject to CERCLA Section 103 reporting requirements 
for air releases of hazardous substances from animal waste at the 
farms. In this ICR, EPA assumes that farms may utilize the streamlined 
reporting option, Continuous Release Reporting, to report air releases 
of hazardous substances from animal wastes. This ICR (1445.13) amends 
the current approved ICR (1445.12, OMB Control No. 2050-0086) to add 
farms sector and their burden and costs associated with continuous 
release reporting requirements.
    Form Number: 6200-15.
    Respondents/affected entities: 44,900 farms.
    Respondent's obligation to respond: Mandatory under CERCLA Section 
103.
    Estimated number of respondents: 44,900 (total).
    Frequency of response: Farms may utilize the streamlined reporting 
option, continuous release reporting, of hazardous substances above 
their reportable quantities from animal wastes rather than providing 
immediate notification on a per-occurrence basis.
    Total estimated burden: 496,893 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $14,958,973 (per year), includes $455,061 
annualized capital or operation & maintenance costs.

[[Page 57444]]

    Changes in the Estimates: There is an increase of 496,893 hours per 
year in the total estimated respondent burden compared with the ICR 
currently approved by OMB (EPA ICR No. 1445.12). This increase is due 
to the vacatur of the December 18, 2008 Final Rule which exempted farms 
from reporting air releases of hazardous substances from animal wastes 
at farms. All farms are now subject to CERCLA reporting for air 
releases of hazardous substances from animal wastes that are equal to 
or greater than their reportable quantities (RQs) within any 24-hour 
period.

    Dated: November 29, 2017.
Reggie Cheatham,
Director, Office of Emergency Management.
[FR Doc. 2017-26185 Filed 12-4-17; 8:45 am]
 BILLING CODE 6560-50-P


