[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Notices]
[Pages 1975-1977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-694]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6930-6]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; 2001 Emergency Planning and Community Right-to-Know 
Act (EPCRA) and Risk Management Program (RMP) Implementation Status 
Questionnaire For Tribal Emergency Response Commissions (TERCs) and 
Their Duly Appointed Local Emergency Planning Committee(s) (LEPCs)

AGENCY: Environmental Protection Agency.

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): 2001 Emergency Planning and Community 
Right-to-Know Act (EPCRA) and Risk Management Program (RMP) 
Implementation Status Questionnaire for Tribal Emergency Response 
Commissions (TERCs) and Their Duly Appointed Local Emergency Planning 
Committee(s) (LEPCs), EPA ICR No. 2004.01. Before submitting the ICR to 
OMB for review and approval, EPA is soliciting public comments on 
specific aspects of the proposed information collection as described 
below.

DATES: Written comments must be submitted to the person and address 
listed below and postmarked on or before March 12, 2001. Unless adverse 
comments are received by EPA by the above date, EPA will proceed with 
its submittal of the ICR to OMB as indicated above.

ADDRESSES: United States Environmental Protection Agency, Region IX, 
ATTN: Sam Agpawa, EPCRA/CEPP Team, Superfund Division, 75 Hawthorne St. 
Mail stop: SFD-1-2, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Sam Agpawa at (415) 744-2342 or E-mail 
at [email protected]

SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially 
affected by this action are emergency planning organizations or units 
of Federally recognized Indian tribes, reservations, rancherias and 
colonies, each of which may be considered a ``small entity,'' located 
within the state boundaries of Arizona, California and Nevada and 
including the Navajo Nation whose lands extend into New Mexico, Utah 
and Colorado. Therefore, establishing different requirements or 
exemptions from coverage is not practicable. However, EPA 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, that the instructions 
clarify the respondent's burden, and that the survey questions are 
simple to answer with information that is readily available to the 
respondent either through the Agency or the Public domain.
    The perception of burden is inherently reduced by the fact that 
participation in this information collection is voluntary, which will 
be clearly stated within the contents of the survey questionnaire, 
within any accompanying promulgation letter or at, and during, any EPA 
sponsored survey introductory event. The survey packet will be mailed, 
in accordance with protocol, to the principal officer of each tribal 
entity as listed in a comprehensive mailing roster developed by EPA 
Region IX.

[[Page 1976]]

    Title: 2001 Emergency Planning and Community Right-to-Know Act 
(EPCRA) and Risk Management Program (RMP) Implementation Status 
Questionnaire for Tribal Emergency Response Commission(s) (TERCs) and 
Their Duly Appointed Local Emergency Planning Committee(s) (LEPCs).
    Abstract: The Environmental Protection Agency, Region IX, Superfund 
Division, proposes to conduct a Regional survey of the Tribal Emergency 
Response Commissions (TERCs). The information collected in this survey 
will be used to assess the progress, status, needs, resources and 
activity level of TERCs. The information will be used by EPA Region IX 
staff to gain a better understanding of EPA Region IX tribes' actual 
implementation of EPCRA and RMP.
    The Emergency Planning and Community Right-to-Know Act of 1986 
(EPCRA), also known as SARA title III, and Risk Management Program 
(RMP) under the Clean Air Act, 1990, section 112(r) and 40 CFR part 68, 
June 20, 1996, introduced fundamental changes in the regulation of 
chemical facilities and the prevention of and preparedness for chemical 
accidents. These laws and rules seek to improve emergency preparedness 
and reduce the risk of chemical accidents by providing information to 
citizens about the chemicals in their community.\1\ 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, in conjunction with the RMP requirements, sought to create 
partnerships between all levels of government, tribal governments, and 
the regulated tribal community to identify, prevent, plan, prepare and 
respond to hazardous material risks in our communities, including 
tribal lands, reservations, rancherias and colonies. The purpose of 
this survey is to obtain input from these organizations to improve 
Region IX's EPCRA and RMP programs.
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    \1\ EPA Published a rule-making in the Federal Register on July 
26, 1990 designating Indian Tribes and their chief executive 
officers as the implementing authority for EPCRA on all Indian 
Lands.
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    The key obligations of each of the EPCRA partners include the 
following.\2\ EPCRA regulations under the July 26, 1990 rule making, 
require that tribes establish a TERC and that the tribal leader appoint 
the membership of the TERC. The TERC is responsible for determining 
whether LEPCs will be appointed. If LEPCs are appointed, the TERC is 
responsible for determining the number of emergency planning districts 
within the tribal community, appointing a Local Emergency Planning 
Committee (LEPC) for each district, and supervising and coordinating 
the activities of LEPCs. Every facility on Tribal lands subject to 
EPCRA (including any Federal installation(s)) is required to submit 
annual chemical inventory reports to their TERC, LEPC and the tribal or 
cooperative local Fire Departments. Upon release of a hazardous 
substance into the environment, immediate notification must be made to 
the TERC and LEPC and, if a CERCLA hazardous substance, to the National 
Response Center (NRC) with written follow-up notification to the TERC 
and LEPC. Information on chemical inventories and releases is to be 
made available to the public upon request.\3\
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    \2\ Because of trival sovereignty, EPCRA guidelines include 
Indian tribes within the definition of states. They specify that the 
chief executive officer of the tribe, the tribal leader, will have 
the same responsibilities as a state governor for developing and 
implementing the chemical emergency response system.
    \3\ The Governor's Office of Emergency Services (OES) has 
traditionally served as point of contact for TERC in California 
under EPCRA.
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    The intent of section 112(r) of the Clean Air Act as amended 1990, 
is to prevent accidental releases to the air and mitigate the 
consequences of such releases by focusing prevention measures on 
chemicals that pose the greatest risk to the public and the 
environment. The section also mandates that EPA promulgate a list of 
regulated substances. Coupled with that listing, section 112(r) 
requires EPA to promulgate regulations and develop guidance to prevent, 
detect and respond to accidental releases. Stationary Sources covered 
by these regulations must develop and implement a risk management 
program that includes a hazard assessment, a prevention program and an 
emergency response program. It is the development of the latter that is 
of vital importance to all tribal communities as well as the public at 
large. Regardless of the lack of any stationary sources on or within a 
tribal community, that community must develop an emergency response and 
notification program that addresses any eventual emergency resulting 
from natural, accidental or intentional causes and disasters. It is the 
intention of the survey to help provide relevant information to EPA 
regarding the level of emergency response capabilities of respondent 
tribes. The information will be primarily used to assess and determine 
the extent of EPA guidance, training and technical assistance to tribes 
on a tribe-by-tribe basis. EPA's role has been to provide guidance and 
assistance to TERCs, LEPCs, emergency responders, the tribal community 
and the public as well as take enforcement action against those who 
violate EPCRA requirements. In keeping with EPA's Tribal Trust 
Responsibility , EPA has awarded grant monies to the Tribes and has 
provided technical, programmatic and legal support to various tribes. 
In particular, EPA Region IX has provided regulatory, CAMEO and other 
training to the Region's tribal emergency response programs and 
continues to support a variety of EPCRA and RMP related projects 
initiated by several tribal communities as part of the General 
Assistance and other similar grant programs.
    The primary goals of the research effort described within this 
Notice are to: (1) Evaluate the status of Tribal Emergency Planning and 
response programs, TERCs, district LEPCs and respective tribal or 
cooperative emergency response parties; and (2) probe current TERC and 
LEPC practices and preferences regarding several important sets of 
issues--particularly including communications with tribal community 
citizens, proactive accident prevention efforts, and the effectiveness 
of selected EPA Region IX products and services including the 
expenditure of federal program resources, contractors, training, 
enforcement and grants. It is EPA's desire to improve its customer 
service and to 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 Region IX's TERCs and LEPCs 
(approximately 145 tribes). Introductory letters will be sent to an 
inclusive list of tribal environmental officers. The letter will 
describe the purpose of the survey and request that the tribe 
participate by mailing either a complete hard copy or an electronic 
copy in an envelope provided by EPA Region IX. EPA Region IX will 
receive the written submissions and compile the data.
    Tribes are cautioned that an agency may not conduct or sponsor (and 
a person is not required to respond to) a collection of information 
unless the document displays, in a clearly visible manner, a current 
and valid Office of Management and Budget (OMB) control number. OMB 
control numbers for EPA's regulations and notices are listed

[[Page 1977]]

in the Code of Federal Register, 40 CFR part 9 and 48 CFR Chapter 15.
    The intended survey questionnaire was initially formulated by a 
voluntary Regional Tribal Operational Committee (RTOC) workgroup 
comprised of seven (7) members: Five (5) members from various Region IX 
tribes and two (2) EPA advisors.\4\ Although the survey's concept, 
content and format was reviewed and approved by a Tribal coalition 
advisory group, the Regional Tribal Operational Committee (whose 
members are representative of federally recognized tribes in Region IX) 
on October 25, 2000, EPA encourages comments to:
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    \4\ The resulting questionnaire, with minor modifications, is 
similar to an earlier EPA survey distributed to state SERC's and 
LEPCs within EPA Regioin IX (as described in Federal Register 
document published on May 14, 1999, 64 FR 26405).
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    (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. In instances where tribes lack computer 
access, responses will be requested in hard copy.

Burden Statement

    It is estimated that there will be approximately 145 tribal 
respondents to the Questionnaire and survey described within this 
notice. In accordance with Federal Law, the agency is required to 
estimate any burden incurred by the respondents to maintain records, 
transmit or disclose information to parties other than the implementing 
agency. It is not anticipated that any third party or parties will be 
involved, thus, there will be no third party burden. Any estimate and 
identification of burden will rely on the voluntary response by each 
respondent. EPA estimates a total response burden of two (2) hours per 
participant. Labor costs for responding is estimated at $28.00 per 
hour, based on the ``Employer Cost for Employment Compensation'' 
(Bureau of Labor and Statistics, March 1999). 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 
estimated at $56.00.
    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. Also, there are no capital or start-
up costs.
    To perform EPA's activities for the survey, EPA estimates that 80 
hours of a federal employee at the Grade level GS-13, Step 1 level will 
be needed, at an hourly wage of $51.60. This estimate is based on the 
2000 General Services Annual Pay Schedule divided by 2,080 hours per 
year and multiplied by 1.6 (standard government benefits multiplication 
factor). EPA estimates that the federal employee will work 4.6% of the 
employee's time on this project during the life of the survey (48 
weeks) or approximately 88 hours (1,920 hours x .046), for an estimated 
cost to manage the project of $4,540.80.
    EPA will be assisted in the survey by a contractor. The budget 
period is for 12 months. Funding covers: Survey design and planning; 
data collection and processing. EPA estimates that the contractor, 
Science Applications International Corporation, will require an 
estimated total of 183 labor hours and $10,000.
    EPA estimates that 145 respondent tribes will voluntarily respond 
to the survey at a total burden of 290 hours and a total cost of 
$8120.00. It is estimated that the average respondent burden is two (2) 
hours per response at a total cost of $56.00 per response, including 
the time for reviewing, gathering and processing the information and 
completing and reviewing the collection of information. 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.

    Dated: January 3, 2001.
Michael Feeley,
Deputy Director, Superfund Division, Region IX.
[FR Doc. 01-694 Filed 1-9-01; 8:45 am]
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