[Federal Register Volume 62, Number 245 (Monday, December 22, 1997)]
[Pages 66863-66864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33327]




Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Application for Preauthorization of a CERCLA 
Response Action

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 the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Application for 
Preauthorization of a CERCLA Response; OMB Control No. 2050-0106; 
expiring on January 31, 1998. The ICR describes the nature of the 
information collection and its expected burden and cost; where 
appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before January 21, 1998.

FOR FURTHER INFORMATION CONTACT: For a copy of the ICR call Sandy 
Farmer at EPA, (202) 260-2740, or download off the Internet at http://
www.epa.gov/icr/icr.htm. Refer to EPA ICR No. 1304.05.


    Title: ``Application for Preauthorization of a CERCLA Response (OMB 
Control No. 2050-0106; EPA ICR No. 1304.05) expiring 1/31/98. This is a 
renewal of a previously approved collection.
    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

[[Page 66864]]

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 such applications and will 
respond in writing to applicants within approximately 45 days of 
receipt of a completed application. After completing this review, EPA 
will develop a Preauthorization Decision Document (PDD). The PDD will 
establish a record of the Agency's preauthorization decision 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 
    The application for preauthorization and the claim form may be 
obtained from any of the EPA Regional Offices, and shall 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 Office of Emergency and 
Remedial Response, 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 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 
Federal Register document required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on 8/4/97 (62 
FR 41962); no comments were received.
    Burden Statement: EPA estimates that five preauthorization requests 
will be submitted annually with an average of 258 work hours per 
request. It is estimated that 12 claim applications 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. Record 
maintenance will be performed by 10 claimants annually at an average of 
15 hours per activity. The total annual costs will be $107,650.
    The total burden hours for completing the preauthorization 
application, the claim form, and maintaining necessary records is an 
average of 317 hours. Total annual average burden for all respondents 
is 1,968 hours.
    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.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the following addresses. Please 
refer to EPA ICR No.1304.05 and OMB Control No.2050-0106 in any 

Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory 
Information Division (2137), 401 M Street, SW, Washington, DC 20460 (or 
email Farmer.S[email protected]).


Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW, 
Washington, DC 20503.

    Dated: December 16, 1997.
Joseph Retzer,
Director, Regulatory Information Division.
[FR Doc. 97-33327 Filed 12-19-97; 8:45 am]