[Federal Register Volume 66, Number 60 (Wednesday, March 28, 2001)]
[Notices]
[Pages 16910-16912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7637]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6959-9]


Continuous Release Reporting Regulations (CRRR) under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA); Request for Comment on Renewal Information Collection

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 continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Continuous Release Reporting 
Regulations (CRRR) under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA) (EPA ICR No. 1445.05, 
OMB No. 2050-0086). This is a request to renew an existing ICR that is 
currently approved. Before submitting the ICR to OMB for review and 
approval, EPA is soliciting comments on specific aspects of the 
collection.

DATES: Comments must be submitted on or before May 29, 2001.

ADDRESSES: Comments submitted by regular U.S. Postal Service mail 
should be sent to: Docket Coordinator, Superfund Docket Office, Mail 
Code 5201G, U.S. Environmental Protection Agency Headquarters, Ariel 
Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. To 
ensure proper receipt by EPA, it is imperative that you identify docket 
control number 102RQ-CR2 in the subject line on the first page of your 
comment. Comments may also be submitted electronically or in person. 
Please follow the detailed instructions for these submission methods as 
provided in unit III of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Lynn Beasley, (703) 603-9086. 
Facsimile number: (703) 603-9104. Electronic address: 
[email protected]. Comments should not be submitted to this contact 
person.

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply to Me?

    You may be affected by this notice if you are the person in charge 
of a facility that releases hazardous substances into the environment 
as specified in section 103(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. 
According to section 103(a) of CERCLA, if the facility you are in 
charge of releases an amount of hazardous substance that equals or 
exceeds its reportable quantity (RQ) and the release is not Federally 
permitted, you are required to notify the National Response Center 
(NRC) of the release immediately. However, according to section 
103(f)(2) of CERCLA, if the release at the facility you are in charge 
of is ``continuous,'' and ``stable in quantity and rate,'' you may be 
exempted from the per-occurrence notification requirements of section 
103(a) of CERCLA. To determine if the facility you are in charge of is 
affected by this action, you should carefully examine the applicability 
provisions in the Continuing Release Reporting Regulations (CRRR) (40 
CFR 302.8).

II. How Can I Get Additional Information or Copies of This Document 
or Other Support Documents?

A. By Phone, Fax, or Internet

    If you have any questions or need additional information about this 
notice or the information collection request (ICR) referenced, please 
contact Lynn Beasley, (703) 603-9086. Facsimile

[[Page 16911]]

number: (703) 603-9104. Electronic address: [email protected].

B. In Person

    The official record for this notice, including the public version, 
and the referenced ICR have been established under docket control 
number 102RQ-CR2 (including comments and data submitted electronically, 
as described below). A public version of this record, including 
printed, paper versions of any electronic comments, which does not 
include any information claimed as Confidential Business Information 
(CBI), and the referenced ICR are available for inspection in the U.S. 
Environmental Protection Agency Superfund Docket Office, Crystal 
Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. 
The Superfund Docket is open from 9 AM to 4 PM, Monday through Friday, 
excluding legal holidays. The telephone number of the Superfund Docket 
is (703) 603-9232.

C. By Internet

    The referenced draft ICR and draft Paperwork Reduction Act 
Submission Form (OMB83-I) are available on the Internet at the 
following addresses: http://www.epa.gov/superfund/resources/rq/icr01d1.pdf, and http://www.epa/gov/superfund/resources/rq/omb83cd1.pdf 
or see the ``Renewal Information Collection Requests (ICRs)'' page for 
Reportable Quantities at: http://www.epa.gov/superfund/resources/rq/icr.htm.

III. How Can I Respond to This Notice?

A. How and to Whom Do I Submit the Comments?

    You may submit comments through the mail, in person, or 
electronically. Be sure to identify the docket control number 102RQ-CR2 
on any correspondence.
    1. By mail. Submit written comments to: Docket Coordinator, 
Superfund Docket Office, Mail Code 5201G, U.S. Environmental Protection 
Agency Headquarters, Ariel Rios Building, 1200 Pennsylvania Avenue, 
NW., Washington, DC 20460.
    2. In person or by courier. Deliver written comments to: U.S. 
Environmental Protection Agency Superfund Docket Office, Crystal 
Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. 
Telephone: (703) 603-9232.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: [email protected]. Please note that you should not 
submit any information electronically that you consider to be CBI. 
Electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption. Comment and data will 
also be accepted on standard computer disks in WordPerfect 6/7/8 or 
ASCII file format. All comments and data in electronic form must be 
identified by the docket control number 102RQ-CR2. Electronic comments 
on this notice may also be filed online at many Federal Depository 
Libraries.

B. How Should I Handle CBI Information That I Want to Submit to EPA?

    You may claim information that you submit in response to this 
notice as CBI by marking any part or all of that information as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. A copy of the comment that does 
not contain CBI must also be submitted for inclusion in the public 
record. Information not marked confidential will be included in the 
public docket by EPA without prior notice. If you have any questions 
about CBI or the procedures for claiming CBI, please consult with Lynn 
Beasley, (703) 603-9086. Facsimile number: (703) 603-9104. Electronic 
address: [email protected].

C. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(a) of the Paperwork Reduction Act 
(PRA), EPA specifically solicits comments and information to enable it 
to:
    1. Evaluate whether the proposed collections of information are 
necessary for the proper performance of the functions of EPA, including 
whether the information will have practical utility.
    2. Evaluate the accuracy of EPA's estimates of the burdens of the 
proposed collections of information.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology, e.g., permitting electronic submission of responses.

D. What Should I Consider When I Prepare My Comments for EPA?

    EPA invites you to provide your views on the various options EPA 
proposes, new approaches EPA hasn't considered, the potential impacts 
of the various options (including possible unintended consequences), 
and any data or information that you would like EPA to consider during 
the development of the final action. You may find the following 
suggestions helpful for preparing your comments:
     Explain your views as clearly as possible.
     Describe any assumptions that you used.
     Provide technical information and/or data to support your 
views.
     If you estimate potential burden or costs, explain how you 
arrived at the estimate.
     Provide specific examples to illustrate your concerns.
     Offer alternative ways to improve the rule or collection 
activity.
     Make sure to submit your comments by the deadline in this 
notice.
     At the beginning of your comments (e.g., as part of the 
``Subject'' heading), be sure to properly identify the document on 
which you are commenting. You can do this by providing the docket 
control number assigned to this notice, along with the name, date, and 
Federal Register citation, or by using the appropriate EPA ICR or the 
Office of Management and Budget (OMB) control number.

IV. To What Information Collection Activity or ICR Does This Notice 
Apply?

    EPA is seeking comments on the following ICR:
    Title: Continuous Release Reporting Regulations (CRRR) under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA).
    ICR numbers: EPA ICR No. 1445.05, OMB No. 2050-0086.
    ICR status: The expiration date for this ICR was extended and is 
currently scheduled to expire on March 31, 2001. 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 information 
collections appear on the collection instruments or instructions, in 
the Federal Register notices for related rulemakings and ICR notices, 
and, if the collection is contained in a regulation, in a table of OMB 
approval numbers in 40 CFR part 9.
    Abstract: Section 103(a) of CERCLA, as amended, requires the person 
in charge of a facility to immediately notify the NRC of a hazardous 
substance release into the environment if the amount of the release 
equals or exceeds the substance's RQ. The RQ of every hazardous 
substance can be found in

[[Page 16912]]

Table 302.4 of 40 CFR 302.4. Section 103(f)(2) of CERCLA provides 
facilities relief from this per-occurrence notification requirement if 
the hazardous substance release at or above the RQ is continuous and 
stable in quantity and rate. Under the CRRR, to report such a release 
as a continuous release you must make an initial telephone call to the 
NRC, an initial written report to the EPA Region, and, if the source 
and chemical composition of the continuous release does not change and 
the level of the continuous release does not significantly increase, a 
follow-up written report to the EPA Region one year after submission of 
the initial written report. If the source or chemical composition of 
the previously reported continuous release changes, notifying the NRC 
and EPA Region of a change in the source or composition of the release 
is required. Further, a significant increase in the level of the 
previously reported continuous release must be reported immediately to 
the NRC according to section 103(a) of CERCLA. Finally, any change in 
information submitted in support of a continuous release notification 
must be reported to the EPA Region.
    The reporting of a hazardous substance release that is equal to or 
above the substance's RQ allows the Federal government to determine 
whether a Federal response action is required to control or mitigate 
any potential adverse effects to public health or welfare or the 
environment.
    The continuous release of hazardous substance information collected 
under CERCLA section 103(f)(2) is also available to EPA program offices 
and other Federal agencies who use the information to evaluate the 
potential need for additional regulations, new permitting requirements 
for specific substances or sources, or improved emergency response 
planning. State and local government authorities and facilities subject 
to the CRRR use release information for purposes of local emergency 
response planning. Members of the public, who have access to release 
information through the Freedom of Information Act, may request release 
information for purposes of maintaining an awareness of what types of 
releases are occurring in different localities and what actions, if 
any, are being taken to protect public health and welfare and the 
environment.

V. What are EPA's Burden and Cost Estimates for This ICR?

    Under the PRA, ``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. For this 
collection, it includes the time needed to review instructions; 
develop, acquire, install, and use 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.
    The ICR provides a detailed explanation of this estimate, which is 
only briefly summarized in this notice. The annual public burden for 
this collection of information is estimated to average 92 hours per 
affected facility. The following is a summary of the estimates taken 
from the ICR:
    Respondents/affected entities: Entities potentially affected by 
this action are facilities that manufacture, process, or otherwise use 
certain specified hazardous substances.
    Estimated total number of facilities that will have to report 
continuous hazardous substance releases per year: 2,712.
    Frequency of response: After reporting the continuous release to 
the NRC and EPA Region initially, only an annual report to the EPA 
Region is necessary unless there is a change in the source of the 
continuous release, a change in the chemical composition of the 
continuous release, or a significant increase in the level of the 
continuous release. In these cases the person in charge of the facility 
has to notify the NRC and the appropriate EPA Regional Office of the 
change in the continuous release.
    Estimated total annual burden hours (averaged over 3 years): 
249,451 hours.
    Estimated total annual burden costs (averaged over 3 years): 
$11,277,827.

VI. Are There Changes in the Estimates from the Last Approval?

    In the renewal ICR, EPA will review the current burden and cost 
statement and adjust it accordingly. EPA does expect the burden and 
cost statement in the renewal ICR to be greater than the burden and 
cost statement in the current ICR. This increase may be due to an 
historical growth rate of about 7.5 percent per year in the number of 
reporting facilities; however, EPA continues to consider data that may 
reflect a greater growth rate than the 7.5 percent assumption in the 
background document. Specifically, EPA is considering data from the 
National Response Center's data base that shows a significant increase 
in reporting in fiscal year 2000 (10/01/99-09/30/00). A summary table 
is available from the docket for this Information Collection Request or 
on the internet at the following address: http://www.epa.gov/superfund/resources/rq/nrc01data.pdf.

VII. What is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce 
the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact Lynn Beasley, (703) 603-9086. 
Facsimile number: (703) 603-9104. Electronic address: 
[email protected].

    Dated: March 20, 2001.
Elaine F. Davies,
Acting Director, Office of Emergency and Remedial Response.
[FR Doc. 01-7637 Filed 3-27-01; 8:45 am]
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