[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Notices]
[Pages 41962-41964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20473]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5868-7]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Application for Preauthorization of a CERCLA Response 
Action and the Claim for CERCLA Response

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 EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): ``Application for Preauthorization of a

[[Page 41963]]

CERCLA Response Action'' and the ``Claim for CERCLA Response Action''; 
EPA ICR No. 1304; OMB Control No. 2050-0106; expiring on January 31, 
1998. 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 October 1, 1997.

ADDRESSES: Copies of ICR are available by mail, or electronically via 
request to e-mail address below.

Seth Bruckner, Attorney/Advisor, U.S. Environmental Protection Agency, 
Office of Emergency and Remedial Response, 401 M Street, SW (5204G), 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Seth Bruckner, Attorney/Advisor; 
Phone: (703) 603-8766; Fax: (703) 603-9100; E-MAIL:
[email protected].

SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially 
affected by this action are those which are eligible to submit a claim 
pursuant to sections 111(a)(2) or 122(b)(1) of CERCLA.
    Title: ``Application for Preauthorization of a CERCLA Response 
Action'' and the ``Claim for CERCLA Response Action'' (OMB Control No. 
2050-0106; EPA ICR No. 1304.) expiring 1/31/98.
    Abstract: This statement supports the request for renewal of the 
information collection requirements contained in EPA's final rule 
``Response Claims Procedures for the Hazardous Substance Superfund'' 
(40 CFR part 307), hereinafter referred to as the RCP. The RCP was 
promulgated on January 21, 1993, and the ICR for this rule needs to be 
renewed. The information collection requirements under the RCP will 
provide the information necessary to fulfill the statutory requirements 
of section 112 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA).
    Under section 111 (a) (2) of CERCLA, claimants are authorized to be 
reimbursed from the Hazardous Substance Superfund (the Fund) for 
necessary response costs incurred as a result of carrying out the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP, 
40 CFR part 300). In addition, section 122(b)(1) of CERCLA provides the 
President (EPA, by delegation under Executive Order (E.O.) 12580) with 
the discretionary authority to enter into agreements with potentially 
responsible parties (PRPs), whereby the PRPs will perform a 
preauthorized phase of a response action in return for reimbursement of 
an agreed-on portion of response costs from the Fund (i.e., a ``mixed-
funding'' agreement).
    Section 112(b)(1) of CERCLA authorizes EPA (as delegated by E.O. 
12580) to prescribe the appropriate forms and procedures for filing 
response claims against the Fund, including a provision requiring the 
claimant to make a sworn verification of the claim to the best of his/
her knowledge. EPA has promulgated the RCP pursuant to the section 112 
authority.
    Under the RCP and pursuant to sections 111(a)(2) and 122(b)(1) of 
CERCLA, individuals, private entities, and potentially responsible 
parties (PRPs) (including States and political subdivisions) are 
eligible to submit claims against the Fund for reimbursement of 
response costs. As specified by section 111(a)(2) of CERCLA and section 
300.700(d) of the NCP, all proposed response actions must be approved 
in advance by EPA through the preauthorization process in order for a 
subsequent claim to be awarded. Applicants may obtain preauthorization 
from EPA for proposed response actions by completing and submitting the 
``Application for Preauthorization of a CERCLA Response Action'' (EPA 
Form 2075-3). EPA will review and evaluate completed applications and 
will respond in writing to applicants within approximately 45 days of 
receipt of a completed application. Once the Agency's review has been 
completed, EPA will develop a Preauthorization Decision Document (PDD). 
The PDD will establish a record of the Agency's decision regarding 
preauthorization and will contain the terms and conditions that must be 
satisfied for the applicant to be reimbursed from the Fund.
    After an applicant has obtained preauthorization from EPA and has 
completed the preauthorized response action (or a preauthorized phase 
of a response action), he/she may submit a claim for reimbursement of 
the resultant response costs. In order to file a claim, the claimant 
must complete and submit to EPA the ``Claim for CERCLA Response 
Action'' (EPA Form 2075-41. EPA will review and evaluate the 
information contained on the completed claim form and will make a 
determination on whether to award or deny the claim, in whole or in 
part.
    The application for preauthorization and the claim form may be 
obtained from any of the EPA Regional Offices. Completed applications 
for preauthorization and claim forms will be submitted to the 
appropriate EPA Regional Office for review. The EPA Regional Office 
will review and evaluate the application for preauthorization and the 
claim form in coordination with the Hazardous Site Control Division, 
the Office of the General Counsel, the Office of Enforcement and 
Compliance Assurance, and other offices, as necessary. Both forms will 
be evaluated according to the criteria set forth in the RCP. The 
information contained on the application and the claim form will be 
retained in the EPA Regional Office for three years after the 
completion of a project and will be available (if not deemed 
confidential), upon request, to the public through the public docket in 
accordance with the Freedom of Information Act.
    An agency may not conduct or sponsor, and a person is not required 
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.
    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 
whoa re 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: Based on its previous experience with the RCP, 
EPA estimates that five preauthorization requests will be submitted 
annually with an average of 258 workhours per request. With regard to 
claims applications, it is estimated that 12 will be submitted annually 
with an average of 42 work hours per claim. Once claims are awarded, 
claimants will have to maintain records for 10 years. Records 
maintenance will be performed by 10 claimants annually with an average 
of 15 hours per activity. The total annual cost for respondents will be 
$107,650.
    The bottom line burden hours for completing the preauthorization 
application, the claim form, and maintaining necessary records is an

[[Page 41964]]

average of 317 hours. The total annual average burden for all 
respondents is 1,968 hours. The total annual average cost for all 
respondents is $107,650. The bottom line burden hours for EPA to review 
a preauthorization application and a claim is 240 hours. The total 
annual average burden for EPA is 3,520 hours. The total annual average 
cost for EPA is $90,182.
    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.

    Dated: July 29, 1992.
Steven D. Luftig,
Director, Office of Emergency and Remedial Response.
[FR Doc. 97-20473 Filed 8-1-97; 8:45 am]
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