[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Notices]
[Pages 48725-48726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24775]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6159-8]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; StarTrack Program

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 proposed Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): StarTrack Program, EPA ICR Number 
1825.01. 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 November 10, 1998.

ADDRESSES: Marge Miranda, U.S. EPA Region 1, JFK Federal Building--
Mailcode SPE, Boston, MA 02203. Interested persons may obtain a copy 
without charge by calling Marge Miranda at 617/565-1002. The ICR will 
be available on the StarTrack website at http://www.epa.gov/region01/
steward/strack.

FOR FURTHER INFORMATION CONTACT: Marge Miranda, 617/565-1002 or David 
W. Guest, Esq., 617/565-3348. Fax number: 617/565-4939

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those that choose to participate in the full-scale StarTrack Program.
    Title: StarTrack Program.
    Abstract: U.S. EPA's New England Region office (Boston, MA), in 
conjunction with participating states and, in some cases, local 
agencies, is developing a third-party certification system for 
environmental performance as part of its StarTrack Program. 
Participants in StarTrack will develop, demonstrate, and/or test 
compliance tools and principles associated with third-party 
certification of environmental performance. The goal of the program is 
to expand the use of compliance and environmental management systems to 
improve protection of the environment, increase the public's 
understanding of a company's environmental performance, and further 
promote efficient use of public and private resources.
    StarTrack is one of many reinvention initiatives within EPA. EPA's 
reinvention philosophy is focused on improving environmental results 
while allowing flexibility in how the improved results are achieved; 
sharing information and decision-making with all stakeholders; creating 
market place incentives for compliance with environmental requirements; 
and lessening the red-tape and paperwork burden of complying with 
environmental requirements.
    Reinventing environmental protection means addressing the everyday 
inefficiencies and limitations associated with environmental 
regulations and managing for better environmental results. It includes 
designing and testing fundamentally new systems, such as those 
encouraged in StarTrack, and considering alternative approaches to 
address environmental challenges.
    In each year of participation in StarTrack, a company agrees to 
audit its environmental compliance and management system and to prepare 
and publish a comprehensive environmental performance report. During 
every third year of participation, the company will have its compliance 
and management system audit results reviewed and certified by an 
independent third party. Follow-up certification may be required on a 
more frequent basis for facilities not meeting full certification 
requirements.
    To participate, a company must have an established compliance 
auditing program and a demonstrated commitment to compliance, pollution 
prevention, and continuous improvement of environmental performance.
    Applicants to the program must submit information addressing the 
selection factors (commitment to compliance, continuous improvement, 
and pollution prevention), using examples, quantitative data, and 
existing documentation, where applicable. An applicant may submit 
information such as a compliance audit protocol, auditors' 
qualifications, and a sample of previous audit findings and corrective 
action plans to support a claim to an established compliance

[[Page 48726]]

auditing program. The facility should have an acceptable compliance 
history including no open or recent major enforcement actions.
    Upon acceptance to the program, the participant will sign a Letter 
of Commitment with the EPA Region, participating state regulatory 
agencies, and participating local regulatory agencies. Facilities 
renewing their status as a StarTrack company after their first year 
will not need to re-apply to the program, but will need to sign a 
Letter of Commitment for the new year of participation. The participant 
will be required to submit several reports documenting required 
StarTrack activities throughout the 12-month period of participation. 
It is ultimately the responsibility of the StarTrack facility to ensure 
that the following required documents are submitted to EPA in a timely 
fashion: audit workplans, reports and corrective action plans for all 
compliance and EMS audits; third party certifier reports and 
certifications; the facility improvement plan (in response to the 
certification report); and an annual environmental performance report.
    Application to StarTrack is voluntary. Information submitted as 
part of the requirements for ongoing participation in the program 
(e.g., EMS and compliance audits, status reports, etc.) is mandatory to 
maintain StarTrack participatory status and to obtain the Program 
benefits.
    EPA shall treat information claimed as confidential business 
information (CBI) in accordance with the requirements of 40 CFR part 2. 
If the participant fails to claim the information as confidential upon 
submission, it may be made available to the public without further 
notice. EPA cannot guarantee that information submitted pursuant to 
this agreement and claimed as confidential will be immune from 
disclosure to a requester under the Freedom of Information Act (FOIA). 
Participating state agencies will maintain CBI confidentiality to the 
extent allowed by relevant state law. Note that some state laws provide 
for a greater degree of access to and narrower protections for 
information considered confidential under federal law.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 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.
    Burden Statement: It is estimated that approximately 50 facilities 
may voluntarily apply to StarTrack annually in Region 1, and as many as 
250 if the program were to be expanded to other EPA Regions. EPA 
estimates that 35 facilities may satisfy the requirements for 
participation in the StarTrack Program. An estimated 36 hours per 
facility will be expended to provide EPA with data for application to 
StarTrack. This burden hour estimate translates to a cost of 
approximately $1,127.88 per facility [$31.33/hour times 36 hours] and a 
total cost to industry of approximately $56,394 [$1,127.88 per facility 
times 50 facilities].
    During those years of participation when third-party certification 
is not required, facilities will expend a total of 156 hours preparing 
all documents and conducting all activities required under the program. 
This represents a cost of $4,887.48 per facility [$31.33/hour times 156 
hours] and a total cost to industry of $171,061.80 [$4,887.48 per 
facility times 35 facilities]. Total capital and start-up costs may 
vary based on the degree to which participants already conduct the 
required activities at their facilities.
    In those years requiring third party certification, facilities will 
expend an additional 67 hours for conducting all the associated 
activities. This represents an additional cost to industry of $7,481.89 
per facility [67 hours times $111.67/hour] and a total cost to industry 
of $261,866.15 [35 facilities times $7,481.89]. (For 1998, program 
participants will commit for one year. Continued participation will be 
considered once all first year project tasks are completed and have 
been evaluated. Triennial third-party certification will be 
implemented, if appropriate, in the adoption of any agreement for 
continuing participation.)
    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.

    Dated: August 19, 1998.
Thomas D'Avanzo,
Acting Chief, Assistance and Pollution Prevention Office.
[FR Doc. 98-24775 Filed 9-10-98; 8:45 am]
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