

[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]               
[Page 65569-65571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-50]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2007-0559, FRL-8498-3]

 
Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Implementation of the Oil 
Pollution Act Facility Response Plan Requirements (Renewal); EPA ICR 
No. 1630.09, OMB Control No. 2050-0135

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 December 21, 
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2007-0559, to (1) EPA online using http://www.regulations.gov 

(our preferred method) or by mail to: EPA Docket Center (EPA/DC), 
Superfund Docket (Mailcode 2822T), 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: Lori Lee, Office of Solid Waste and 
Emergency Response, Office of Emergency Management, (Mail Code: 5104A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-564-8006; fax number: 202-
564-2501; e-mail address: lee.lori@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 July 18, 2007 (72 FR 39406), 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-2007-0559, 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 202-566-0276.
    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, 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: Implementation of the Oil Pollution Act Facility Response 
Plan Requirements (Renewal).

[[Page 65570]]

    ICR Numbers: EPA ICR No. 1630.09, OMB Control No. 2050-0135.
    ICR Status: This ICR is scheduled to expire on November 30, 2007. 
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 EPA's facility response plan (FRP) 
requirements is derived from section 311 of the Clean Water Act, as 
amended by the Oil Pollution Act of 1990. EPA's FRP regulation is 
codified at 40 CFR 112.20 and 112.21. All FRP-related reporting and 
recordkeeping activities are mandatory. No amendments were made to the 
FRP regulation since submission of the current ICR approval (November 
30, 2004). While EPA recently finalized amendments to the SPCC rule (71 
FR 77266 (December 26, 2006) and 72 FR 27443 (May 16, 2007)), these 
amendments are not expected to impact the number of facilities subject 
to FRP requirements, nor are they expected to substantively affect the 
burden of complying with FRP requirement.

Purpose of Data Collection

    A facility-specific response plan will help an owner or operator 
identify the necessary resources to respond to an oil spill in a timely 
manner. If implemented effectively, the FRP will reduce the impact and 
severity of oil spills and may prevent spills because of the 
identification of risks at the facility. Although the facility owner or 
operator is the primary data user, EPA also uses the data in certain 
situations to ensure that facilities comply with the regulation and to 
help allocate response resources. State and local governments may also 
use the data to assist in local emergency preparedness planning 
efforts.
    EPA reviews all submitted FRPs and must approve FRPs for those 
facilities whose discharges may cause ``significant and substantial 
harm'' to the environment. EPA approval is needed in order to ensure 
that facilities believed to pose the highest risk have planned for 
adequate resources and procedures to respond to a spill. (See 40 CFR 
112.20(f)(3) for further information about the criteria for 
``significant and substantial harm.'')
    Response Plan Certification. Under Sec.  112.20(e), the owner or 
operator of a facility subject to SPCC requirements in 40 CFR part 112 
but that does not meet the ``substantial harm'' criteria in Sec.  
112.20(f)(1) must complete and maintain at the facility the 
certification form contained in Appendix C to part 112.
    Response Plan Preparation. Under Sec.  112.20(a) or (b), the owner 
or operator of a facility that meets the ``substantial harm'' criteria 
in Sec.  112.20(f)(1) must prepare and submit to the EPA Regional 
Administrator an FRP following Sec.  112.20(h). Such a facility may be 
a newly constructed facility or may be an existing facility that meets 
paragraph (f)(1) as a result of a planned change (paragraph 
(a)(2)(iii)) or an unplanned change (paragraph (a)(2)(iv)) in facility 
characteristics. Under paragraph (c), the owner or operator may be 
required to amend the FRP.
    Response Plan Maintenance. Under Sec.  112.20(g), the owner or 
operator must periodically review the FRP to ensure consistency with 
the National Oil and Hazardous Substances Pollution Contingency Plan 
and Area Contingency Plans. Under Sec.  112.20(d), the facility owner 
or operator must revise and resubmit revised portions of the FRP after 
material changes at the facility. FRP changes that do not result in a 
material change in response capabilities shall be provided to the 
Regional Administrator as they occur. Training and periodic drills and 
exercises are required to test the effectiveness of the FRP and are 
required under Sec.  112.21.
    Recordkeeping. Under Sec.  112.20(e), an owner or operator who 
determines that the FRP requirements do not apply must certify and 
retain a record of this determination. An owner or operator who is 
subject to the requirements must keep the FRP at the facility (Sec.  
112.20(a)), keep updates to the FRP (Sec.  112.20(d)(1) and (2)), and 
log activities such as discharge prevention meetings, response 
training, and drills and exercises (Sec.  112.20(h)(8)(iv)).
    Burden Statement. The average annual reporting and recordkeeping 
burdens for this collection of information to a newly regulated 
facility for which an FRP is not required (i.e., facility where the 
owner or operator certifies that the facility does not meet the 
``substantial harm'' criteria) are estimated at 0.4 hours per year. The 
average annual reporting and recordkeeping burdens to a newly regulated 
facility for which an FRP is required (i.e., first-year costs for plan 
development) are estimated at 99.7 hours per year. The average annual 
reporting and recordkeeping burdens to a facility for which the owner 
or operator is maintaining an FRP (i.e., subsequent year costs for 
annual plan maintenance) are estimated at 240.1 hours. 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 a subset of facilities that are required to have a 
spill prevention, control, and countermeasure (SPCC) plan under the Oil 
Pollution Prevention regulation (40 CFR part 112).
    Estimated Number of Respondents: 22,574.
    Frequency of Response: Less than once a year.
    Estimated Total Annual Hour Burden: 432,627.
    Estimated Total Annual Cost: $17,427,828 includes $29,483 
annualized capital costs.
    Changes in the Estimates: There is a decrease of 202,367 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This decrease reflects EPA's current inventory of 
facilities that have submitted and are maintaining an FRP as per 40 CFR 
part 112. While there have been no changes in the regulation that 
affected the per-facility regulatory burden, the number of facilities 
currently subject to FRP requirements is lower than had been estimated 
for the current ICR, resulting in a lower aggregate burden.


[[Page 65571]]


    Dated: November 14, 2007.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. E7-22756 Filed 11-20-07; 8:45 am]

BILLING CODE 6560-50-P
