[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25384]


[[Page Unknown]]

[Federal Register: October 13, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5090-47]

 

Agency Information Collection Activities Under OMB Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the Information Collection Request 
(ICR) abstracted below has been forwarded to the Office of Management 
and Budget (OMB) for review and comment. The ICR describes the nature 
of the information collection and its expected cost and burden; where 
appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before November 14, 1994.

FOR FURTHER INFORMATION CONTACT:
For further information, or to obtain a copy of this ICR, contact Sandy 
Farmer at EPA, (202) 260-2740.

SUPPLEMENTARY INFORMATION: 

Office of Solid Waste and Emergency Response

    Title: Applications for ``Preauthorization of a CERCLA Response 
Action'' and ``Claim for CERCLA Response Action'' (EPA ICR #1304.04; 
OMB #2050-0106). This ICR requests renewal of the existing clearance.
    Abstract: The Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA), and as amended in 1986, establishes 
broad Federal authority to undertake removal and remedial actions in 
response to releases or threats of releases of hazardous substances and 
certain pollutants and contaminants into the environment. One of the 
uses of the Hazardous Substance Superfund (the Fund), which is 
authorized under CERCLA, is the payment of claims for necessary 
response costs.
    Under section 111(a)(2) of CERCLA, claimants are authorized to be 
reimbursed from the Fund for necessary response costs incurred as a 
result of carrying out the National Oil and Hazardous Substances 
Pollution Contingency Plan. In addition, section 122(b)(1) of CERCLA 
delegates to EPA the authority to enter into agreements with 
potentially responsible parties (PRPs) to allow the PRPs to perform a 
preauthorized phase of a response action in return for reimbursement of 
an agreed-on portion of response costs from the Fund. Section 112(b)(1) 
of CERCLA authorizes EPA to prescribe the appropriate forms and 
procedures for the filing of response claims against the Fund. All 
proposed response actions must be approved in advance by EPA through 
the preauthorization process in order for a subsequent claim to be 
awarded.
    The information required by the application and claim forms is 
essential for EPA to adequately review and evaluate the merits and 
validity of a response claim, and to make a decision on whether to 
award that claim from the Fund. The information and data submitted by 
applicants under the nine sections of the application for 
preauthorization will be used by the Agency to make a determination on 
whether to approve in advance a proposed response action under the 
preauthorization process. The subsequent information submitted to EPA 
on the claim form will be used to determine whether or not to award the 
claim. In its role as manager of the Fund, this information allows EPA 
to ensure appropriate uses of Fund resources, meet cost control and 
budget requirements, protect against potential waste and fraud, and 
ensure that the proposed response actions themselves do not create 
environmental hazards.
    Burden Statement: The estimated annual public reporting burden for 
the ``Application for Preauthorization of a CERCLA Response Action'' is 
estimated to average 258 hours per response. These burden estimates 
include time for reviewing instructions, searching existing data 
sources, gathering and maintaining needed data, and completing and 
reviewing the collection of information.
    Public reporting burden for the ``Claim for CERCLA Response 
Action'' is estimated to average 44 hours per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining needed data, and completing and reviewing the 
collection of information. In addition, claimants awarded money from 
the Fund will be required to maintain their records for a 10 year 
period. It is estimated that it will require those claimants an average 
of 15 workhours per year to maintain their records.
    Respondents: Preauthorization requests and response claims may be 
submitted by individuals, private entities, foreign entities, or PRPs 
(including States or local governments).
    Estimated Number of Respondents: 34 (10 preauthorization requests, 
and 24 claim submitters).
    Estimated Number of Responses per Respondent: 1.
    Frequency of Collection: On occasion--only when an applicant/
claimant seeks reimbursement for response costs from the fund.
    Estimated Total Annual Burden on Respondents: 4,000 hours.
    Send comments regarding the burden estimate, or any other aspect of 
this information collection, including suggestions for reducing the 
burden, to:

Sandy Farmer, U.S. Environmental Protection Agency, Information Policy 
Branch (2136), 401 M Street, S.W., Washington, D.C. 20460;

    and

Jonathan Gledhill, Office of Management and Budget, Office of 
Information and Regulatory Affairs, 725 17th Street, N.W., Washington, 
D.C. 20530.

    Dated: October 6, 1994.
Paul Lapsley,
Director, Regulatory Management Division.
[FR Doc. 94-25384 Filed 10-12-94; 8:45 am]
BILLING CODE 6560-50-M