[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Notices]
[Pages 18603-18604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9217]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7172-3]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Risk Management Program Requirements and Petitions To 
Modify the List of Regulated Substances under Section 112(r) of the 
Clean Air Act (CAA)

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): Risk Management Program Requirements 
and Petitions to Modify the List of Regulated Substances under section 
112(r) of the Clean Air Act (CAA), EPA ICR Number 1656.09, OMB Control 
Number 2050-0144, expiring September 30, 2002. 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 June 17, 2002.

ADDRESSES: Chemical Emergency Preparedness and Prevention Office, 
Mailcode 5104A, U.S. EPA, 1200 Pennsylvania Avenue NW, Washington DC 
20004. Interested persons may obtain a copy of the ICR without charge 
by contacting the person in FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, 202-564-8019, fax no. 202-
564-8233, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those stationary sources that have more than a threshold quantity of a 
regulated substance in a process. Entities more likely to be affected 
by this action may include chemical and non-chemical manufacturers, 
petroleum refineries, utilities, federal sources, etc.
    Title: Risk Management Program Requirements and Petitions to Modify 
the List of Regulated Substances under section 112(r) of the Clean Air 
Act (CAA), EPA ICR No. 1656.09, OMB Control No. 2050-0144 expiring 09/
30/02 .
    Abstract: This information collection request (ICR) addresses the 
following information requirements: (1) Documenting sources risk 
management programs and submitting a source risk management plan (RMP) 
under CAA section 112(r)(7). The regulations include requirements for 
covered sources to implement and maintain documentation for a risk 
management program and submit an RMP (including information on a 
source's hazard assessment, prevention program, and emergency response 
program) to EPA. (2) Collecting and submitting information to support 
petitions to modify the list of regulated substances under CAA section 
112(r)(3). The regulations include requirements for a petitioner to 
submit sufficient information in support of a petition to 
scientifically support the request to add or delete a chemical from the 
list of regulated substances. The Agency will use this information in 
making the decision to grant or deny a petition. EPA developed and 
promulgated these regulations through several rulemakings. The rules 
are codified in 40 CFR part 68.
    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: The estimates of the universe used in the 
previous ICRs have been revised to reflect the actual number of RMPs 
submitted to EPA, adjusted for non-compliance based on reports from the 
EPA Regions and state implementing agencies. As a result, there has 
been a decrease in the estimate of the number of facilities subject to 
these requirements to about 16,635 respondents. Because of the schedule

[[Page 18604]]

for certain activities established in Part 68, some costs occur in the 
three-year time period covered by this ICR did not occur during the 
previous three-year period. Most sources will have to revise their RMPs 
and update their process hazard analyses, hazard reviews, and offsite 
consequence anaylses in 2004, five years after submitting their initial 
RMPs. Consequently, the record keeping and reporting costs for Part 68 
fluctuate considerably from ICR to ICR.
    The public reporting burden will depend on the regulatory program 
tier into which sources are categorized. In this ICR, EPA estimates 
that only certain entities will be newly subject to the RMP during the 
three years covered by this ICR. For these newly affected sources, the 
public reporting burden for rule familiarization, is estimated to be 35 
hours per source and 11 hours for other initial compliance. The 
respondent to prepare and submit an RMP is estimated to take 5.0 hours 
for retailers to 28 hours for complex chemical manufacturers. The 
respondent burden to maintain on-site documentation is estimated to 
range from 4.5 hours for retailers to 355 hours for complex chemical 
manufacturers. The reporting burden for CBI claims is estimated to be 
9.5 hours for certain chemical manufacturing sources. The total 
respondent burden to become familiar with the rule, complete and submit 
(or revise) the risk management plan, maintain on-site documentation, 
and substantiate claims for confidential business information is 
estimated to be about 273,000 hours over three years, or an annual 
burden of 91,000 hours. The three-year burden estimated for 15 states 
that may be implementing Part 68 program is 18,480 hours, or an annual 
burden of 6,160 hours. Therefore, the total burden for all sources and 
states is estimated to be 291,480 hours for three years, or an annual 
burden of 97,160 hours.
    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 10, 2002.
David Speight,
Acting Director, Chemical Emergency Preparedness and Prevention Office.
[FR Doc. 02-9217 Filed 4-15-02; 8:45 am]
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