[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Notices]
[Pages 26405-26407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12162]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6341-7]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; 1999 EPCRA Implementation Status Questionnaire for 
State Emergency Response Commissions (SERCs), Local Emergency Planning 
Committees (LEPCs) and California Certified Unified Program Agencies 
(CUPAs)

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): 1999 EPCRA Implementation Status 
Questionnaire for State Emergency Response Commissions (SERCs), Local 
Emergency Planning Committees (LEPCs) and California Certified Unified 
Program Agencies (CUPAs), EPA ICR No. 1905.01. 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 July 13, 1999.

ADDRESSES: United States Environmental Protection Agency, Region IX, 
ATTN: Lauren Volpini, EPCRA Enforcement and Compliance Program Manager, 
75 Hawthorne Street, Mailstop: SFD-1-2, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Lauren Volpini, (415) 744-2333 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially 
affected by this action are state and local emergency planning 
organizations, each of which could be considered a ``small entity.'' 
Therefore, establishing differing requirements and/or exemptions from 
coverage is not practicable. However, Region IX will make every effort 
to minimize ``the burden on persons who shall provide information.'' 
This will be accomplished by ensuring that the questionnaire is as 
concise as practicable, the instructions clarify the respondent's 
burden, and the survey questions are simple to answer with information 
that is readily available to the respondent.
    The perception of burden is inherently reduced by the fact that 
participation in this information collection is voluntary, which will 
be clearly stated at the beginning of the survey.
    Title: 1999 EPCRA Implementation Status Questionnaire for State 
Emergency Response Commissions (SERCs), Local Emergency Planning 
Committees (LEPCs) and California Certified Unified Program Agencies 
(CUPAs), EPA ICR No. 1905.01.
    Abstract: The Environmental Protection Agency, Region IX, proposes 
to conduct a Regional survey of State Emergency Response Commissions 
(SERCs), Local Emergency Planning Committees (LEPCs) and California 
Certified Unified Program Agencies (CUPAs). The information collected 
in this survey will be used to assess the general progress, status, and 
activity level of SERCs, LEPCs and CUPAs. The information will also be 
used by Region IX staff to have a better understanding of their 
Region's actual implementation of EPCRA.

[[Page 26406]]

    The Emergency Planning and Community Right-to-Know Act of 1986 
(EPCRA) introduced a fundamental change in the regulation of chemical 
facilities and the prevention of and preparedness for chemical 
accidents. This law seeks to improve emergency preparedness and reduce 
the risk of chemical accidents by providing information to citizens 
about the chemicals in their community. EPCRA is premised on the 
concept that the more informed local citizens are about chemical 
hazards in their communities the more involved they will be in 
prevention and preparedness activities. For this ``informational 
regulation'' to be effective, the public must receive accurate and 
reliable information, which is easy to understand and practical to use. 
EPCRA sought to create partnerships between all levels of government, 
the public and the regulated community to identify, prevent, plan, 
prepare and respond to hazardous material risks in our communities, and 
the purpose of this survey is to obtain input from these organizations 
to improve Region IX's EPCRA program.
    The key obligations of each of the EPCRA partners include the 
following. Every Governor was to appoint a SERC, and every SERC was to 
establish one or more LEPCs. Every facility subject to EPCRA (including 
Federal installations) is required to submit annual chemical inventory 
reports to their SERC, LEPC and local Fire Departments. Upon release of 
a hazardous substance into the environment, immediate notification and 
written follow-up reports must be made to the SERC, LEPC and the 
National Response Center (NRC). Information generated by the SERCs, 
LEPCs and facilities is to be made available to the public upon 
request. In California, many of the responsibilities of an LEPC are met 
by the CUPAs and other designated local agencies. The Governor's Office 
of Emergency Services (State OES) has traditionally served as the point 
of contact for the SERC in California under EPCRA.
    Region IX's role has been to provide guidance and assistance to 
SERCs, LEPCs, emergency responders, the regulated community and the 
public as well as take enforcement action against those who violate 
EPCRA requirements. Over the years, Region IX has distributed grant 
monies and has provided technical, programmatic and legal support to 
the SERCs and LEPCs in the region. Region IX has provided regulatory, 
CAMEO and other training to hundreds of public and private sector 
participants and continues to support a variety of EPCRA related 
projects initiated by our state and local counterparts.
    The primary goals of this research are to: (1) Track the progress 
of SERCs, LEPCs and CUPAs by updating baseline data on a series of key 
performance indicators; and (2) probe current SERC, LEPC and CUPA 
practices and preferences regarding several important sets of issues--
particularly including communications with local citizens, proactive 
accident prevention efforts, and the effectiveness of selected Region 
IX products and services. Region IX wants to improve our customer 
service and meet the changing needs of hazardous material prevention 
and emergency response planning, which are influenced by new electronic 
capabilities and a rapidly expanding knowledge base of environmental 
issues.
    An effort will be made to survey all (about 190) SERCs, LEPCs and 
CUPAs. Introductory letters will be sent to an inclusive list of SERCs, 
LEPCs and CUPAs. This letter will describe the purpose of the survey 
and provide the respondent with the choice of either responding via a 
password protected web-site or mailed hard copy. SERCs, LEPCs and CUPAs 
will indicate their preference on the questionnaire included in the 
mailing and return the completed questionnaire to EPA. EPA will monitor 
the web-based survey and written submissions, and compile the data.
    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.
    Burden Statement: It is estimated that there will be 190 
respondents to the EPCRA Implementation Status Questionnaire for State 
Emergency Response Commissions (SERCs), Local Emergency Planning 
Committees (LEPCs) and California Certified Unified Program Agencies 
(CUPAs). Region IX estimates that each respondent will spend 1.5 hours 
either completing the on-line response form or the hard copy 
questionnaire. Region IX estimates a total response burden of 1.5 hours 
per participant.
    Labor costs for responding are estimated at $26.36 per hour 
(combined average for white-collar workers in private industry and 
state/local government), based on the ``Employer Cost for Employment 
Compensation'' (Bureau of Labor and Statistics USDL 98-285 7/09/98). 
There is no need for ``developing, acquiring or utilizing technology 
systems for the purpose of collecting, validating or verifying 
information,'' ``disclosing and providing information,'' ``adjusting 
the existing ways to comply with any previous applicable instructions 
or requirements,'' ``training personnel to be able to respond to a 
collection of information,'' ``searching data sources,'' nor a need for 
respondents to keep records. Burden activities include only a few 
steps: Reading or listening to instructions, reading or listening to 
survey questions, and responding to survey questions. The average cost 
per respondent is $39.54.
    No capital expenditures are needed by the respondent to complete 
the survey.
    No operating and maintenance costs (on-going non-wage expenditures) 
are needed to complete the survey.
    There are no capital or start-up costs.
    To perform EPA's activities for the survey, Region IX estimates 
that 80 hours of a federal employee at the GS-13, Step 4 level will be 
needed, at an hourly wage of $29.41. This estimate is based on the 1999 
GS annual pay schedule divided by 2,080 hours per year and multiplied 
by 1.6 (the standard government benefits multiplication factor). Region 
IX estimates that the federal employee will work 4.6% of the employee's 
time on this project during the life of the survey (1/1/99-10/31/99, 
43.2 weeks) or approximately 80 hours (1,728 hours* .046), for an 
estimated cost to manage this project of $2,352.80.
    EPA will be assisted in the survey by a contractor. The budget 
period is for 12 months. Funding covers: Survey design and planning; 
development of sampling plan; data collection and processing; quality 
control of data; analyzing and

[[Page 26407]]

reporting. EPA estimates that the contractor will require a total of 
300 hours at a total cost of $20,000.00 in order to perform these 
activities.
    Region IX estimates that 190 respondents will voluntarily respond 
to the survey at a total burden of 285 hours and a total cost of 
$7,512.60.
    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: April 27, 1999.
Nathan W. Lau,
Acting Deputy Director, Superfund Division, Region IX.
[FR Doc. 99-12162 Filed 5-13-99; 8:45 am]
BILLING CODE 6560-50-P