[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Notices]
[Pages 63542-63544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31405]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5930-3]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; National Oil and Hazardous Substances Pollution 
Contingency Plan

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 document announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): National Oil and Hazardous Substances 
Pollution Contingency Plan, EPA ICR No. 1463.03, OMB No. 2050-0096, 
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 January 30, 1998.

ADDRESSES: Community Involvement and Outreach Center, Office of 
Emergency and Remedial Response, 401 M Street, SW, Washington, DC 
20460, Mail Code: 5204-G, 703-603-8889. Persons interested in obtaining 
a copy of the ICR without charge may call the telephone number above to 
request a free copy.

FOR FURTHER INFORMATION CONTACT: Lois Gartner, telephone number: 703-
603-8889, facsimile number: 703-603-9100, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities potentially affected by this action are 
those states and members of the public that

[[Page 63543]]

voluntarily participate in the remedial phase of the Superfund process 
and those members of the public that voluntarily participate in 
community involvement activities during some or all phases of the 
Superfund process.
    Title: National Oil and Hazardous Substances Pollution Contingency 
Plan (OMB Control No. 2050-0096, EPA ICR No. 1463.03) expiring on 
January 31, 1998.
    Abstract: The Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA or Superfund; 42 U.S.C. 9601 et 
seq.), as amended, 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. The NCP sets forth requirements for 
carrying out the response authorities established under CERCLA. In 
addition, the Government Performance and Results Act of 1993 requires 
EPA to determine and report to Congress on its effectiveness, including 
community involvement activities.
    For states, this ICR addresses the record keeping and reporting 
provisions of the NCP that affect those states that voluntarily 
participate in the remedial phase of the Superfund program. (Record 
keeping and reporting requirements of the pre-remedial phase--except 
those tied to community involvement--have been addressed in the ICR 
prepared for the revisions to the Hazard Ranking System (HRS) (OMB 
Control No. 2050-0095). Record keeping and reporting provisions for the 
removal program--except, again, those tied to community involvement--
also are not included in this ICR because the Federal government has 
the lead for removal actions.) Remedial responses under the Superfund 
program fall into the pre-remedial phase (during which the extent of 
site contamination is assessed) and the remedial phase (during which 
investigations are conducted to identify and characterize contaminants 
present and to determine viable remedies for a site, the remedy is 
chosen and the cleanup or construction is completed). The NCP includes 
the following reporting and record keeping provisions for the remedial 
phase of the Superfund program:

    (1) States that voluntarily take the lead in remedial activities 
at Superfund sites must conduct the activities in a manner 
consistent with CERCLA (40 CFR 300.515(a)). Therefore, at a state-
led site, the state must: develop a Remedial Investigation and 
Feasibility Study (RI/FS); prepare a Proposed Plan; issue a Record 
of Decision (ROD); complete community interviews; prepare a 
Community Involvement Plan (CIP), and provide information to the 
public; and
    (2) States must identify and communicate potential state 
applicable or relevant and appropriate requirements (ARARs) at all 
Superfund sites within the state (40 CFR 300.400(g)).

    In addition, this ICR addresses the record keeping and reporting 
provisions of the NCP that affect communities voluntarily providing 
their concerns to the lead agency about the Superfund process. This ICR 
also addresses the record keeping and reporting provisions imposed on 
communities when those communities provide feedback on community 
involvement activities tied to GPRA. Community involvement related to 
NCP requirements and GPRA reporting may occur during all phases of the 
Superfund process including, pre-remedial, remedial, removal (short-
term response actions), and operation and maintenance (which may 
include such activities as ground water and air monitoring, inspection 
and maintenance of the treatment equipment remaining on site, and 
maintenance of any security measures or institutional controls.) 
Specifically, members of the community surrounding a Superfund site may 
participate in community interviews (40 CFR 300.43(c)) conducted by EPA 
in order to prepare a CIP or serve on Technical Assistance Grant (TAG) 
groups, as provided for in Superfund Amendments and Reauthorization Act 
(SARA) of 1986, as well as in Community Advisory Groups (CAG), as 
provided in Superfund Administrative Reforms. Community groups focused 
on the technical assistance provided through the Technical Outreach 
Services for Communities (TOSC) program may also participate. 
Participation may also take the form of attending informal and formal 
meetings, open houses and public availability sessions, responding to 
questionnaires and telephone interviews, and/or participation in focus 
groups.
    EPA uses the information provided by the states to ensure state 
actions are consistent with the provisions of CERCLA and SARA and that 
their decisions are protective of human health and the environment. EPA 
uses the information gathered from private citizens to plan activities 
geared to educating them where necessary, keeping them informed of 
activities within the community, and ensuring they have had an 
opportunity to assume an active role in the decision making process 
that affects their community. EPA also uses information from private 
citizens to measure the effectiveness of community involvement 
activities, as required by GPRA, and to improve those activities as 
needed. EPA believes involvement of the members of the community 
surrounding a Superfund site is critical to ensuring effective site 
cleanups.
    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 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; 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.
    EPA estimates that 30 new sites will be added to the NPL each year 
over the three-year period of this ICR. Of those 30 sites, EPA 
estimates six will be state-led cleanups. It is estimated that states 
will incur an annual burden of 6,026 hours per site, for a cost of 
$178,100, of which $178,011 is reimbursed by EPA. States are reimbursed 
from the CERCLA Hazardous Susbstances Trust Fund (the Fund) for state-
led activities via cooperative agreements with EPA as provided in 
CERCLA section 104(d)(1). States are not reimbursed from the Fund for 
identification of state ARARs. It is also estimated that communities 
will incur a collective annual burden of 539 hours per site, for a cost 
of $16,062 (assuming the value of their time at $29.57) or an estimated 
average annual burden of 11 hours per person. While EPA does not 
reimburse community members for their participation, this ICR 
nonetheless estimates the monetary value of burden their participation 
imposes on them.
    The burden data in this section are based on estimates by EPA 
personnel knowledgeable of the remedial program's record keeping and 
reporting requirements and the costs and level of effort required to 
meet the requirements.

Estimated Unit Burdens to State Governments

    A ``unit'' burden is the burden incurred by a respondent for 
performing an individual site-specific activity. States incur burdens 
at: (1) An estimated six new state-led sites per year for several 
reporting and record keeping activities; and (2) all of the estimated 
30 NPL sites on an annual

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basis with RI/FS starts for identifying and reporting ARARs.
    The burden is calculated using a weighted average hourly rate of 
$29.57 multiplied times the number of hours to undertake a given 
activity. For purposes of this ICR, wage rates for state government 
personnel are estimated to be comparable to those for Federal 
government personnel. Labor rates for government workers reflect the 
median GS level salaries for managerial, technical and clerical 
positions. These rates include direct salary and fringe benefits 
(calculated at 60 percent of direct salary). The hourly rates, as of 
November 1997, are:

Management (GS 13, Step 1): $42.01/hour
Technical (GS 11, Step 1): $29.48/hour
Clerical: $17.92/hour

Based on these assumptions, the weighted hourly wage rate for state and 
Federal personnel is $29.57 [(0.1)*(42.01) +(0.8)*(29.48)+ 
(0.1)*(17.92)].
    At a state-led site, states incur a burden for the following 
activities:
     Development of the RI/FS--5,200 hours/yr/site, $153,764.
     Development of the Proposed Plan--160 hours/yr/site, 
$4,731.
     Preparation of the ROD--360 hours/yr/site, $10,645.
     Development of the CIP--150 hours/yr/site, $4,435.
     Providing information to the public--153 hours/yr/site, 
$4,524.
    At all sites, states incur a unit burden of three hours per site 
per year, or a cost of $88.71, for providing information on state 
ARARs.

Estimated Unit Burdens to Community Members

    During their participation in the Superfund process, community 
members may perform any or all of the following activities (as with 
burden estimates for state activities, an hourly rate of $29.57 is used 
to estimate the value of community members' time):
     Participate in interviews--20 hours/yr/site, $591.
     Attend informal and formal meetings, open houses, and 
public information availability sessions--240 hours/yr/site, $7,096.
     Participate in community groups--160 hours/yr/site with 
such groups. $4,731.
     Respond to surveys--47 hours/yr/site, $1,389.
     Participate in focus groups--72 hours/yr/site with such 
groups, $2,129.
    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.
    The 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.
    Please send comments to the address appearing in the ADDRESSES 
segment of this document.

    Dated: November 20, 1997.
Elaine F. Davies,
Deputy Director, Office of Emergency and Remedial Response.
[FR Doc. 97-31405 Filed 11-28-97; 8:45 am]
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