[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