[Federal Register Volume 66, Number 47 (Friday, March 9, 2001)]
[Notices]
[Pages 14136-14138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5861]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6950-3]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; National Oil and Hazardous Substance Contingency Plan

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 notice announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): National Oil and Hazardous Substances 
Pollution Contingency Plan, EPA ICR No. 1463.05, OMB No. 2050-0096, 
expiring on July 3, 2001. 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 May 8, 2001.

ADDRESSES: Comments must be submitted to the Community Involvement and 
Outreach Center, Office of Emergency and Remedial Response, 1200 
Pennsylvania Avenue, NW., Ariel Rios Building, Washington, DC 20460, 
Mail Code: 5204-G, 703-603-8889. Persons interested in obtaining a copy 
of the ICR without charge may call the telephone number above to 
request a free copy.

FOR FURTHER INFORMATION CONTACT: Lois Gartner, telephone number: 703-
603-8889, facsimile number: 703-603-9100, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those states and members of the public that voluntarily participate in 
the remedial phase of the Superfund process and those members of the 
public that voluntarily participate in community involvement activities 
during some or all phases of the Superfund process.
    Title: National Oil and Hazardous Substances Pollution Contingency 
Plan (OMB Control No. 2050-0096, EPA ICR No. 1463.05) expiring on July 
3, 2001.
    Abstract: The Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA or Superfund; 42 U.S.C. 9601 et 
seq.), as amended, establishes broad Federal authority to undertake 
removal and remedial actions in response to releases or threats of 
releases of hazardous substances and certain pollutants and 
contaminants into the environment. The National Contingency Plan sets 
forth requirements for carrying out the response authorities 
established under CERCLA. In addition, the Government Performance and 
Results Act of 1993 (GPRA) requires EPA to determine and report to 
Congress on its effectiveness, including community involvement 
activities.
    For states, this ICR addresses the recordkeeping and reporting 
provisions of the NCP that affect those states that voluntarily 
participate in the remedial phase of the Superfund program. 
(Recordkeeping and reporting requirements of the pre-remedial phase--
except those tied to community involvement--have been addressed in the 
ICR prepared for the revisions to the Hazard Ranking System (HRS) (OMB 
Control No. 2050-0095). Recordkeeping and reporting provisions for the 
removal program--except, again, those tied to community involvement--
also are not included in this ICR because the Federal government has 
the lead for removal actions.) Remedial responses under the Superfund 
program fall into the pre-remedial phase (during which the extent of 
site contamination is assessed) and the remedial phase (during which 
investigations are conducted to identify and characterize contaminants 
present and to determine viable remedies for a site, the remedy is 
chosen and the cleanup or construction is completed). The NCP includes 
the following reporting and recordkeeping provisions for the remedial 
phase of the Superfund program:
    (1) States that voluntarily take the lead in remedial activities at 
Superfund sites must conduct the activities in a manner consistent with 
CERCLA (40 CFR 300.515(a)). Therefore, at a state-lead site, the state 
must: develop a Remedial Investigation and Feasibility Study (RI/FS); 
prepare a Proposed Plan; issue a Record of Decision (ROD); complete 
community interviews; prepare a Community Involvement Plan (CIP), and 
provide information to the public; and
    (2) States must identify and communicate potential state applicable 
or relevant and appropriate requirements (ARARs) at all Superfund sites 
within the state (40 CFR 300.400(g)).
    In addition, this ICR addresses the recordkeeping and reporting 
provisions of the NCP that affect communities voluntarily providing 
their concerns to the lead agency about the Superfund process. This ICR 
also addresses the recordkeeping and reporting provisions

[[Page 14137]]

imposed on communities when those communities provide feedback on 
community involvement activities that may be used for GPRA reporting. 
Community involvement related to NCP requirements and GPRA reporting 
may occur during all phases of the Superfund process including, pre-
remedial, remedial, removal (short-term response actions), and 
operation and maintenance (which may include such activities as ground 
water and air monitoring, inspection and maintenance of the treatment 
equipment remaining on site, and maintenance of any security measures 
or institutional controls.) Specifically, members of the community 
surrounding a Superfund site may participate in community interviews 
(40 CFR 300.43(c)) conducted by EPA in order to prepare a CIP or serve 
on Technical Assistance Grant (TAG) groups, as provided for in 
Superfund Amendments and Reauthorization Act (SARA) of 1986, as well as 
in Community Advisory Groups (CAG), as provided in Superfund 
Administrative Reforms. Community groups focused on the technical 
assistance provided through the Technical Outreach Services for 
Communities (TOSC) program may also participate. Participation may also 
take the form of attending informal and formal meetings, open houses 
and public availability sessions, responding to questionnaires and 
telephone interviews, and/or participation in focus groups.
    EPA uses the information provided by the states to ensure state 
actions are consistent with the provisions of CERCLA and SARA and that 
their decisions are protective of human health and the environment. EPA 
uses the information gathered from private citizens to plan activities 
geared to educating them where necessary, keeping them informed of 
activities within the community, and ensuring they have had an 
opportunity to assume an active role in the decision making process 
that affects their community. EPA also uses information from private 
citizens to obtain feedback on the effectiveness of community 
involvement activities, in order to improve those activities as needed. 
EPA believes involvement of the members of the community surrounding a 
Superfund site is critical to ensuring effective site cleanups.

Burden Statement

    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.
    EPA estimates that 40 new sites will be added to the NPL each year 
over the three-year period of this ICR. Of those 40 sites, EPA 
estimates ten will be state-lead cleanups. It is estimated that states 
will incur an annual burden of 6,026 hours per site, for a cost 
$226,939, of which $226,826 is reimbursed by EPA. States are reimbursed 
from the CERCLA Hazardous Substances Trust Fund (the Fund) for state-
lead activities via cooperative agreements with EPA as provided in 
CERCLA section 104(d)(1). States are not reimbursed from the Fund for 
identification of state ARARs. It is also estimated that communities 
will incur a collective annual burden of 539 hours per site, for a cost 
of $20,298 (assuming the value of their time at $37.66) or an estimated 
average annual burden of 11 hours per person. While EPA does not 
reimburse community members for their participation, this ICR 
nonetheless estimates the monetary value of burden their participation 
imposes on them.
    The burden data in this section are based on estimates by EPA 
personnel knowledgeable of the remedial program's recordkeeping and 
reporting requirements and the costs and level of effort required to 
meet the requirements.

Estimated Unit Burdens to State Governments

    A ``unit'' burden is the burden incurred by a respondent for 
performing an individual site-specific activity. States incur burdens 
at: (1) an estimated ten new state-lead sites per year for several 
reporting and recordkeeping activities; and (2) all of the estimated 40 
NPL sites on an annual basis with RI/FS starts for identifying and 
reporting ARARs.
    The burden is calculated using a weighted average hourly rate of 
$37.66 multiplied by the number of hours to undertake a given activity. 
For purposes of this ICR, wage rates for state government personnel are 
estimated to be comparable to those for Federal government personnel. 
Labor rates for government workers reflect the median GS level salaries 
for managerial, technical and clerical positions. These rates include 
direct salary and fringe benefits (calculated at 60 percent of direct 
salary.) The hourly rates, as of January 2001, are:
    Management (GS 13, Step 5):$49.82/hour.

    Technical (GS 11, Step 5): $34.96/hour.

    Clerical: $23.61/hour.

Based on these assumptions, the weighted hourly wage rate for state and 
Federal personnel is $37.66((0.1)X(49.82) + (0.8)X(34.96) + 
(0.1)X(23.61)).
    At a state-lead site, states incur a burden for the following 
activities:
     Development of the RI/FS--5,200 hours/yr/site, $195,832.
     Development of the Proposed Plan--160 hours/yr/site, 
$6,025.
     Preparation of the ROD--360 hours/yr/site, $13,557.
     Development of the CIP--150 hours/yr/site, $5,649.
     Providing information to the public--153 hours/yr/site, 
$5,761.
    At all sites, states incur a unit burden of three hours per site 
per year, or a cost of $113, for providing information on state ARARs.

Estimated Unit Burdens to Community Members

    During their participation in the Superfund process, community 
members may perform any or all of the following activities (as with 
burden estimates for state activities, an hourly rate of $37.66 is used 
to estimate the value of community members' time):
     Participate in interviews--20 hours/yr/site, $753.
     Attend informal and formal meetings, open houses, and 
public information availability sessions--240 hours/yr/site, $9,038.
     Participate in community groups--160 hours/yr/site with 
such groups. $6,025.
     Respond to surveys--47 hours/yr/site, $1,770.
     Participate in focus groups--72 hours/yr/site with such 
groups, $2,711.
    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.

Comments

    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary

[[Page 14138]]

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.

Please send comments to the address appearing in the ADDRESSES segment 
of this notice.

    Dated: February 22, 2001.
David Evans,
Acting Director, Office of Emergency and Remedial Response.
[FR Doc. 01-5861 Filed 3-8-01; 8:45 am]
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