[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)] [Notices] [Pages 26500-26504] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-12625] [[Page 26500]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5825-7] Renewal of Agency Information Collection Activities Comment Request; Notification of Continuous Releases AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that EPA is planning to submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB): Continuous Release Reporting Regulations (CRRR) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), EPA ICR number 1445; OMB control number 2050-0086, expiring September 30, 1997. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before July 14, 1997. ADDRESSES: U.S. Environmental Protection Agency, Office of Emergency and Remedial Response (5204G), 401 M Street SW., Washington, DC 20460. Materials relevant to this rulemaking are contained in Public Docket No. 102RQ-CR. This docket is located at 1235 Jefferson Davis Highway (ground floor), Arlington, VA. Dockets may be inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday. A reasonable fee may be charged for copying docket material. FOR FURTHER INFORMATION CONTACT: Lynn Beasley, (703) 603-9086. Facsimile number: (703) 603-9104. Electronic address: [email protected]. Note that questions, but not comments, will be accepted electronically. SUPPLEMENTARY INFORMATION: Affected Entities: Entities potentially affected by this action are those persons in charge of a facility or vessel from which there is a hazardous substance release that is ``continuous'' and ``stable in quantity and rate.'' Because the usage and release of hazardous substances are pervasive throughout industry, a number of industrial categories have reported continuous hazardous substance releases. No one industry sector or group of sectors is disproportionately affected by this rule. Title: Continuous Release Reporting Regulations (CRRR) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), EPA ICR number 1445; OMB control number 2050-0086, expiring September 30, 1997. Abstract: This ICR addresses the reporting and recordkeeping activities required to comply with the continuous release reporting regulation (CRRR; 40 CFR 302.8) specified in section 103(f)(2) of CERCLA. The CRRR was developed as a reporting burden reduction regulation; the CRRR provides relief from the per-occurrence notification requirements of CERCLA section 103(a) for hazardous substance releases that are ``continuous,'' ``stable in quantity and rate,'' and for which notification has been given ``for a period sufficient to establish the continuity, quantity, and regularity'' of the release. Notification of qualifying releases must be provided ``annually, or at such time as there is any statistically significant increase'' in the quantity of the release. The information collection requirements of the CRRR are necessary to determine if a response action is needed to control or mitigate any potential adverse effects associated with a reported hazardous substance release. EPA expects the anticipated burden associated with compliance with the CRRR, estimated in this ICR, to be more than offset by a reduction in burden for facilities associated with per-occurrence notification (e.g., providing notification each day), which would otherwise be required in the absence of reporting a continuous release. This ICR renews the collection activity previously approved under OMB No. 2050-0086 and applies to the period October 1, 1997 through September 30, 2000. Estimates of the burden placed on industry to comply with the release notification requirements are presented on an annual basis. To ensure that government authorities receive timely and sufficient information to evaluate potentially dangerous hazardous substance releases reported under CERCLA section 103(f)(2), the CRRR requires five types of notification activities:One or more initial telephone calls to the National Response Center (NRC); An initial written report to the EPA Region; A follow-up written report to the EPA Region one year after submission of the initial written report; Notification to the EPA Region of any changes in release information previously submitted (including either a change in composition, source, or quantity, or another type of change); and Immediate notification to the NRC of any statistically significant increase (SSI) in the quantity of the release. Initial Telephone Notification The initial telephone calls serve to notify government authorities of the facility's intent to report a hazardous substance release under CERCLA section 103(f)(2). All such releases must be released in a continuous and stable manner. The information provided in the initial telephone notification consists of: (1) The name and location of the facility or vessel; and (2) The names and identities of the hazardous substances being released. Initial Written Report and Follow-Up Written Report The initial written report and the follow-up written report provide a full description of the release which serves as the basis for a comprehensive evaluation of the hazards posed by the release. Based on this comprehensive evaluation, government authorities determine if a response action is necessary to prevent or mitigate any adverse effects. The initial written report includes preliminary information based on readily available data because the facility must submit the initial written report within 30 days of the initial telephone call. The follow-up written report, due one year after submission of the initial written report, serves to update/refine the initial report based on release data gathered during the previous operating year. Although the follow-up written report is required only in the second year of reporting, facilities are required to conduct and document an annual assessment of their continuous releases to identify any changes that may have occurred in the release situation. The follow-up written report and the annual evaluation ensure that the information used to evaluate the hazards posed by the release is the most updated and accurate information available. The data elements requested in the initial written and follow-up report are identical and consist of the following. (1) The name of the facility or vessel; the location, including the longitude and latitude; the case number assigned by the NRC or EPA; the Dun and Bradstreet number of the facility (if available); the port of registration of the vessel (if applicable); and the name and telephone number of the person in charge of the facility or vessel. (2) The population density within a one-mile radius of the facility or vessel. [[Page 26501]] (3) The identity and location of sensitive populations and ecosystems within a one-mile radius of the facility or vessel (e.g., elementary schools, hospitals, retirement communities, wetlands). In addition to the preceding facility-specific information, facilities must provide the following substance-specific information for each ``continuous'' release. (4) The name/identity of the hazardous substance; the Chemical Abstracts Service Registry Number for the substance (if available). (5) The upper and lower bounds of the normal range of the release over the previous year. (6) The source(s) of the release. (7) The frequency of the release, the fraction of the release from each release source, and the period over which it occurs. (8) A brief statement describing the basis for stating that the release is continuous and stable in quantity and rate. (9) An estimate of the total annual amount of the hazardous substance released in the previous year. (10) The environmental media affected by the release. (11) A signed statement that the hazardous substance release described is continuous and stable in quantity and rate under the definitions of 40 CFR 302.8(b) and that all reported information is accurate and current to the best knowledge of the person in charge. Changes in Composition, Source, or Quantity (Reporting a ``New'' Release) If there is any change in the composition or sources of the release, the release is considered a ``new'' release and must be qualified for reporting under the CRRR by the submission of an initial telephone notification and initial written notification as soon as there is a sufficient basis for asserting that the release is continuous and stable in quantity and rate. For facilities experiencing a change in the normal range, so that the quantity of the release exceeds the stated upper bound on a regular basis, the person in charge of a facility or vessel may modify the normal range by reporting at least one SSI. Within 30 days of the initial telephone notification submit written notification to the appropriate EPA Region describing the new range, the reason for the change, and the basis for stating that the release in the increased amount is continuous and stable in quantity and rate. Changed Release Reports Facilities or vessels experiencing other types of changes in their ``continuous'' release (other than a change in composition, source, or quantity) that invalidates information previously submitted, must notify the appropriate EPA Region by letter within 30 days. The letter of changed information should explicitly identify the new (or changed) information and include an explanation for the change. Letters of changed information also must include a statement certifying that, under the changed circumstances, the release is still ``continuous'' and ``stable in quantity and rate.'' Statistically Significant Increase Reports The continuous release final rule defines an SSI as any release of a hazardous substance that exceeds the upper bound of the reported normal range of releases. The normal range of releases includes all the releases (in pounds or kilograms) of a hazardous substance reported or occurring over any 24-hour period under normal operating conditions (that is, normal conditions that prevail during the period establishing the continuity, quantity, and regularity of the release) during the preceding year. The SSI release is an episodic release because it is a release above the reportable quantity (RQ) that has not been previously reported or evaluated and must be immediately reported to the NRC by telephone pursuant to the notification requirements of CERCLA section 103(a). The information collected by the NRC in an SSI report includes the same information supplied when reporting any other episodic release (e.g., quantity of the release, source of the release, and a description of any response actions taken). It is important to note that the person in charge may modify the previously established normal range as an alternative to reporting multiple SSIs. Recordkeeping Facilities maintain a log or some other record of each hazardous substance release reported under CERCLA section 103(f)(2). The information documented in the record is necessary to demonstrate compliance with the provisions of the CRRR, including the requirement to demonstrate the continuity and stability of the release and the requirement to conduct an annual evaluation of the release. Additionally, facilities may find it useful to document daily release quantities for use in substantiating and modifying the normal range of the release. 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. For this ICR, EPA would like to solicit comments to: (i) evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). Burden Statement: 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 purpose 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. Exhibit I presents the burden hours estimated to be incurred by a typical respondent in completing each of the information provision activities that may be required to report a ``continuous'' release. A ``typical'' respondent is assumed to file one continuous release report and to experience one change in the release (e.g., a change in facility ownership or address) requiring submittal of a letter of changed information to the EPA Region. This assumption is intended to ensure that the burden incurred by a ``typical'' facility is not underestimated. No other conditional activities (i.e., SSI [[Page 26502]] reporting, reporting a ``new'' release, or other activities) are assumed to be required of the typical respondent; the inclusion of burden estimates associated with any additional conditional activities, other than reporting a change in release, may result in a significant overestimation of the burden incurred by a typical facility. It is important to note that, even though there is an annual burden associated with reporting continuous releases under the CRRR, this burden is significantly lower than if facilities were required to report the continuous releases as individual episodic releases to the NRC. As described in the existing ICR for the CRRR, which was prepared in 1994, much of the information required for the initial written report is readily available to the facility, but some information may require more extensive coordination and analysis. A certain amount of time is necessary to organize and format the required information into a report suitable for submission to the government. Many facilities were expected to use EPA's prepared report format to minimize report organization and formatting efforts. Preparation of the initial written report was estimated to require three hours of managerial time, three hours of technical time, and one hour of clerical time. Exhibit 1.--Burden Hours per Respondent Activity and Annual Burden Hours Incurred by a Typical Respondent -------------------------------------------------------------------------------------------------------------------------------------------------------- Probability First year burden hours Subsequent year burden hours of --------------------------------------------------------------------------------------- collection Collection activity activity/ year Mgt. Tech. Clerical Total Mgt. Tech. Clerical Total (percent) -------------------------------------------------------------------------------------------------------------------------------------------------------- Providing Initial Telephone Notification........... 100 1.0 2.0 0.0 3.0 NA NA NA NA Preparing Initial Written Report................... 100 3.0 4.0 1.0 8.0 NA NA NA NA Preparing Follow-up Written Report/Conducting Annual Evaluations................................ 100 NA NA NA NA 3.0 1.0 1.0 5.0 Recordkeeping...................................... 100 0.0 4.0 0.0 4.0 0.0 4.0 0.0 4.0 Reporting a Change in the Release.................. 10 1.0 1.0 0.5 2.5 1.0 1.0 0.5 2.5 ---------------------------------------------------------------------------------------------------- Total Annual Burden Hours for a Typical Facility \1\.................................. NA 5.0 11.0 1.5 17.5 4.0 6.0 1.5 11.5 ==================================================================================================== Reporting a ``New'' Release........................ 5 4.0 4.0 1.0 9.0 4.0 4.0 1.0 9.0 Reporting an SSI................................... 5 1.0 1.0 0.0 2.0 1.0 1.0 0.0 2.0 Other Activities: --Additional Information....................... 30 4.0 0.0 0.0 4.0 4.0 0.0 0.0 4.0 --Site Inspection.............................. 1 4.0 4.0 4.0 8.0 4.0 4.0 0.0 8.0 -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ In order to sufficiently account for the burden associated with conditional activities whose probability of occurring is less than 100% (i.e., reporting a change in the release, reporting a new release, reporting an SSI, and other activities) in addition to the burden associated with the notification and recordkeeping activities that must be performed for each hazardous substance release reported under the CRRR (i.e., those collection activities for which the probability of occurrence is 100%), the total annual burden hours for a typical facility include an assumption that each facility will spend time on one typical conditional event. Therefore, within the totals, the typical facility is assumed to report one change in its ``continuous'' release during each year of reporting. Subsequent conversations with EPA regional staff have suggested that a number of facilities did not use EPA's prepared report format initially, and those facilities spent additional time revising their reports to put them in a suitable form. To account for the additional burden experienced by some facilities, EPA has changed the estimated technical time in this 1997 ICR renewal to four hours. If EPA's prepared report format is incorporated into a future revision of 40 CFR 302.8, then the estimated burden will be reduced accordingly. The estimated cost to industry of completing the various continuous release reports is a function of the time expended by industrial personnel and the hourly rates for the appropriate labor categories. The unit cost estimates for each category of activities are based upon a managerial wage rate of $38.72 per hour, a technical wage rate of $28.37 per hour, and a clerical wage rate of $17.48 per hour. These wage rates, from the Bureau of Labor Statistics, are the same as those used in the notice for renewal of the Spill Prevention Control and Countermeasure (SPCC) ICR (61 FR 15246, April 5, 1996). They include wages and salaries, benefit costs including paid leave, supplemental pay, insurance, retirement and savings, legally required benefits, severance pay, and supplemental unemployment benefits and overhead costs, calculated in December 1995 dollars. Unit costs are shown in Exhibit 2. Exhibit 2.--Unit Cost of Respondent Activities and Annual Costs for a Typical Respondent ---------------------------------------------------------------------------------------------------------------- Probability Burden hours Unit costs of ---------------------------------------------------------------- collection Collection activity activity/ Each year Mgt. Tech. Clerical First year subsequent (percent) year ---------------------------------------------------------------------------------------------------------------- Providing Initial Telephone Notification..................... 100 1.0 2.0 0.0 $95.46 NA Preparing Initial Written Report.. 100 3.0 4.0 1.0 247.12 NA [[Page 26503]] Preparing Follow-up Written Report/ Conducting Annual Evaluations.... 100 3.0 1.0 1.0 NA $162.01 Recordkeeping..................... 100 0.0 4.0 0.0 113.48 113.48 Reporting a Change in the Release. 10 1.0 1.0 0.5 75.83 75.83 ----------------------------------------------------------------------------- Total Annual Cost for a Typical Facility\1\...................... NA 5.0 11.0 1.5 531.89 351.32 ============================================================================= Reporting a ``New'' Release....... 5 4.0 4.0 1.0 285.84 285.84 Reporting an SSI.................. 5 1.0 1.0 0.0 67.09 67.09 Other Activities: --Additional Information...... 30 4.0 0.0 0.0 164.88 154.88 --Site Inspection............. 1 4.0 4.0 0.0 268.36 268.36 ---------------------------------------------------------------------------------------------------------------- \1\ In order to sufficiently account for the burden associated with conditional activities whose probability of occurring is less than 100% (i.e., reporting a change in the release, reporting a new release, reporting an SSI, and other activities), in addition to the burden associated with the notification and recordkeeping activities that must be performed for each hazardous substance release reported under the CRRR (i.e., those collection activities for which the probability of occurrence is 100%), the total annual burden hours for a typical facility include an assumption that each facility will spend time on one typical conditional event. Therefore, within the totals, the typical facility is assumed to report one change in its ``continuous'' release during each year of reporting. As shown in Exhibit 3, an estimated 2,000 facilities had reported continuous releases under the CR-ERNS program as of the end of 1996. This number was computed using different sources: the actual number of Continuous Release-Emergency Response Notification System (CR-ERNS) reports filed; an estimate of the number of reports filed; and the number of telephone calls to the NRC from facilities reporting continuous releases. The number of reports to be filed in the next three years is computed as a percentage of the total number of reports already filed and reflects the number of annual reports in recent years. Exhibit 3.--Estimated Number of Facilities and Hazardous Substance Releases Affected by the Continuous Release Final Rule ------------------------------------------------------------------------ Estimated number Total estimated of reportable Expected CRRR compliance under CR- number of hazardous ERNS facilities substance releases ------------------------------------------------------------------------ Region 1.......................... 100 800 Region 2.......................... 100 800 Region 3.......................... 150 1,200 Region 4.......................... 450 3,600 Region 5.......................... 350 2,800 Region 6.......................... 350 2,800 Region 7.......................... 250 2,000 Region 8.......................... 100 800 Region 9.......................... 100 800 Region 10......................... 100 800 Minus Change Reports.............. 200 1,600 ------------------------------------- Total......................... 1,850 14,800 Estimated New Releases Over Next Three Years...................... 492 3,936 ------------------------------------- Total Over Next Three Years... 2,342 18,736 ------------------------------------------------------------------------ Recent data have suggested that the estimated number of reportable hazardous substance releases per report was underestimated at 4.4 releases per report in the current ICR. The average number of releases in a typical report tended to be higher, at approximately 10 releases. However, a number of the releases reported by facilities are not required by the CRRR (e.g., they are below an RQ, they are not a CERCLA hazardous substance). To account for the greater number of releases, while taking into consideration the reporting of unnecessary substances, EPA has changed the estimated number of releases per report to 8.0. Exhibit 3 summarizes the estimated number of facilities and hazardous substance releases affected by the CRRR. The total estimated burden hours and costs incurred by industry are presented in Exhibit 4. [[Page 26504]] Exhibit 4.--Estimated Burden Hours and Costs Incurred by Industry -------------------------------------------------------------------------------------------------------------------------------------------------------- Number of Burden hours Annual cost \4\ \5\ Probability reported --------------------------------------------------- of releases collection estimated Unit burden Unit costs Collection activity activity/ to require hours \2\ \3\ Each Each year the First year subsequent First year subsequent (percent) collection year year activity -------------------------------------------------------------------\1\---------------------------------------------------------------------------------- Providing Initial Telephone Notification........ 100 3,936 3.0 $95.46 11,808 NA $375,731 NA Preparing Initial Written Report................ 100 3,936 8.0 247.12 31,488 NA 972,664 NA Preparing Follow-up Written Report/Conducting Annual Evaluations............................. 100 18,736 5.0 162.01 74,000 94,680 2,397,748 $3,035,419 Recordkeeping................................... 100 18,736 4.0 113.48 74,944 74,944 2,126,161 2,126,161 Reporting a Change in the Release............... 10 1,874 2.5 75.83 4,684 4,684 142,075 142,075 ------------------------------------------------------------------------------------------------------- Total....................................... ........... ........... ........... ........... 196,924 173,308 6,014,379 5,303,656 Average (over three years)...................... ........... ........... ........... ........... ........... (1) 181,180 (1) 5,540,564 ======================================================================================================= Reporting a ``New'' Release..................... Reporting an SSI................................ 5 937 2.0 67.09 1,874 1,874 62,850 62,850 Other Activities: --Additional Information.................... 30 5,621 4.0 154.88 22,483 22,483 870,550 870,550 --Site Inspection........................... 1 187 8.0 268.36 1,499 1,499 50,280 50,280 -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Derived from Exhibit 3. \2\ Derived from Exhibit 1. \3\ Derived from Exhibit 2. \4\ Costs are rounded to the nearest $100. \5\ Burden and costs are annualized over a three year period. Costs are annualized at a discount rate of 7%. No person is 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 displayed at 40 CFR Part 9. Send comments regarding these matters, or any other aspects of the information collection, including suggestions for reducing the burden, to the address listed above under ADDRESSES near the top of this Notice. Dated: May 8, 1997. Larry Reed, Acting Director, Office of Emergency and Remedial Response. [FR Doc. 97-12625 Filed 5-13-97; 8:45 am] BILLING CODE 6560-50-P