[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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