[Federal Register Volume 69, Number 47 (Wednesday, March 10, 2004)]
[Notices]
[Pages 11422-11424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5369]


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ENVIRONMENTAL PROTECTION AGENCY

[OPA-2004-0001, FRL-7633-8]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Renewal of Information Collection Request for the 
Implementation of the Oil Pollution Act Facility Response Plan 
Requirements (40 CFR Part 112); EPA ICR Number 1630.08; OMB Control 
Number 2050-0135

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 a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on May 31, 2004. 
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 10, 2004.

ADDRESSES: Submit your comments, referencing docket ID number OPA-2004-
0001, to EPA online using EDOCKET (our preferred method), by e-mail to 
[email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, OSWER Docket, Mail Code 5202T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Leigh DeHaven, Office of Solid Waste 
and Emergency Response--OEPPR, Mail Code 5203G, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 603-9065; fax number: (703) 603-9116; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OPA-2004-0001, which is available for public 
viewing at the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is (202) 566-1744, and the telephone number for the OSWER Docket 
is (202) 566-0276. An electronic version of the public docket is 
available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. 
Use EDOCKET to obtain a copy of the draft collection of information, 
submit or view public comments, access the index listing of the 
contents of the public docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice. EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, CBI, or other information whose 
public disclosure is restricted by statute. When EPA identifies a 
comment containing copyrighted material, EPA will provide a reference 
to that material in the version of the comment that is placed in 
EDOCKET. The entire printed comment, including the copyrighted 
material, will be available in the public docket. Although identified 
as an item in the official docket, information claimed as CBI, or whose 
disclosure is otherwise restricted by statute, is not included in the 
official public docket, and will not be available for public viewing in 
EDOCKET.
    Affected entities: The owner or operator of a facility that is 
required to have a spill prevention control and countermeasure (SPCC) 
plan under the Oil Pollution Prevention regulation (40 CFR part 112) 
and that could cause ``substantial harm'' to the environment must 
prepare and submit to EPA a facility response plan (FRP). The criteria 
for a ``substantial harm'' facility include oil transfers over water 
and a total storage capacity over 42,000 gallons; or total oil storage 
capacity over one million gallons and insufficient secondary 
containment, proximity to sensitive environments, proximity to drinking 
water supplies, or recent large spills; or other factors considered by 
the Regional Administrator. (See 40 CFR 112.20(b)(1) and (f) for 
further information about the criteria for ``substantial harm.'')
    The specific private industry sectors subject to this action 
include, but are not limited to: (1) Petroleum Bulk Stations and 
Terminals (NAICS 42271); (2) Electric Power Generation, Transmission, 
and Distribution (NAICS 2211); (3) Gasoline Stations/Automotive Rental 
and Leasing (NAICS 4471/5321); (4) Heating Oil Dealers (NAICS 3112); 
(5) Transportation, Pipelines, and Marinas (NAICS 482-486/488112-48819/
4883/48849/492/71393); (6) Grain and Oilseed Milling (NAICS 3112); (7) 
Manufacturing (NAICS 31-33); (8) Warehousing and Storage (NAICS 493); 
(9) Crude Petroleum and Natural Gas Extraction (211111); (10) Mining 
and Heavy Construction (NAICS 2121/2123/213114/213116/234); (11) 
Schools (NAICS 6111-6113; (12) Hospitals (622-623); (13) Crop and 
Animal Production (NAICS 111-112); and (14) Other Commercial Facilities 
(miscellaneous).
    Title: Renewal of Information Collection Request for the 
Implementation of the Oil Pollution Act Facility Response Plan 
Requirements (40 CFR part 112).
    Abstract: The authority for EPA's facility response plan 
requirements is derived from section 311 of the Clean Water Act, as 
amended by the Oil Pollution Act of 1990. EPA's regulation is codified 
at 40 CFR 112.20 and 112.21. This information collection request 
renewal reflects impacts associated with a program change to the SPCC 
regulations since the last ICR approval (May 2, 2001). EPA issued the 
final SPCC regulations on July 17, 2002. Pursuant to 40 CFR 
112.1(d)(6), EPA will no longer regulate wastewater treatment 
facilities or parts thereof (except at oil production, oil recovery,

[[Page 11423]]

and oil recycling facilities) used exclusively for wastewater treatment 
and not used to meet any other requirement of 40 CFR part 112. All 
facility response plan (FRP) reporting and recordkeeping activities are 
mandatory.

Purpose of Data Collection

    A facility-specific response plan will help an owner or operator 
identify the necessary resources to respond to an oil spill in a timely 
manner. If implemented effectively, the FRP will reduce the impact and 
severity of oil spills and may prevent spills because of the 
identification of risks at the facility. Although the owner or operator 
is the primary data user, EPA also uses the data in certain situations 
to ensure that facilities comply with the regulation and to help 
allocate response resources. State and local governments may use the 
data, which are not generally available elsewhere and can greatly 
assist local emergency preparedness planning efforts.
    EPA reviews all submitted FRPs and must approve FRPs for those 
facilities whose discharges may cause ``significant and substantial 
harm'' to the environment in order to ensure that facilities believed 
to pose the highest risk have planned for adequate resources and 
procedures to respond to a spill. (See 40 CFR 112.20(f)(3) for further 
information about the criteria for ``significant and substantial 
harm.'')

Response Plan Certification

    Under section 112.20(e), the owner or operator of a facility that 
does not meet the ``substantial harm'' criteria in section 112.20(f)(1) 
must complete and maintain at the facility the certification form 
contained in Appendix C to part 112.

Response Plan Development

    Under section 112.20(a) or (b), the owner or operator of a facility 
that meets the ``substantial harm'' criteria in section 112.20(f)(1) 
must prepare and submit to the EPA Regional Administrator a facility 
response plan (FRP) following section 112.20(h). Such a facility may be 
a newly constructed facility or may be an existing facility that meets 
paragraph (f)(1) as a result of a planned change (paragraph 
(a)(2)(iii)) or an unplanned change (paragraph (a)(2)(iv)) in facility 
characteristics. Under paragraph (c), the owner or operator may be 
required to amend the FRP.

Response Plan Maintenance

    Under section 112.20(g), the owner or operator must periodically 
review the FRP to ensure consistency with the National Oil and 
Hazardous Substances Pollution Contingency Plan and Area Contingency 
Plans. Under section 112.20(d), the facility owner or operator must 
revise and resubmit revised portions of the FRP after material changes 
at the facility. FRP changes that do not result in a material change in 
response capabilities shall be provided to the Regional Administrator 
as they occur. Periodic drills and exercises are required to test the 
effectiveness of the FRP.

Recordkeeping

    Under section 112.20(e), an owner or operator who determines that 
the requirements do not apply must certify and retain a record of this 
determination. An owner or operator who is subject to the requirements 
must keep the FRP at the facility (section 112.20(a)), keep updates to 
the FRP (section 112.20(d)(1) and (2)), and log activities such as 
discharge prevention meetings, response training, and drills and 
exercises (section 112.20(h)(8)(iv)).

Consultations

    For the current ICR (approved on May 2, 2001), EPA relied on 
existing industry-related sources of burden and cost information, 
combined with input from EPA regional staff and best professional 
judgment, to estimate FRP ICR burden and unit costs. In addition, EPA 
undertook the collection of FRP information by contacting several 
regulated facilities and trade organizations representing these 
facilities to gather FRP ICR burden information. However, none of the 
facility owners and operators were willing to disclose any data, due to 
privacy concerns or lack of information.
    The terms of clearance for the current ICR (approved on May 2, 
2001) states that ``[w]hen EPA resubmits the ICR for renewal, the 
Agency must evaluate, after consulting with respondents, the burden 
estimates for reporting and recordkeeping requirements.'' For this 
renewal ICR, EPA consulted with nine owners or operators of FRP 
facilities (of different sizes and types) to assess the reasonableness 
of the hour and dollar burden estimates. The interviews revealed that 
the burden estimates presented in the May 2001 renewal ICR and the 
burden estimates collected during the nine facility consultations were 
comparable; all were within the same order of magnitude. Further, the 
consultations did not reveal any information regarding significant 
sources of burden not captured in the May 2001 renewal ICR (such as 
unaccounted for recordkeeping costs or other time-consuming tasks 
associated with FRP regulatory compliance). EPA recognizes that the 
information from the interviews with nine individuals are not 
statistically representative of the burden experienced by all FRP 
facilities. Nevertheless, the results of the consultations suggest that 
EPA's burden estimates adequately capture industry practices. This 
renewal ICR, therefore, does not change the hour or capital cost burden 
estimates used in the May 2001 renewal ICR.
    None of the information to be gathered for this collection is 
believed to be confidential. 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 in 40 CFR are listed in 40 CFR 
part 9.
    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: Of the estimated 432,034 existing SPCC facilities 
in 2004, EPA assumes that representatives from approximately 6,158 
facilities have developed and are maintaining FRPs. EPA also estimates 
that the annual number of new FRP facilities is approximately 66, or 
1.5 percent of the number of new facilities subject to 40 CFR part 112 
each year (4,420). Accordingly, EPA assumes that representatives from 
approximately 4,354 facilities (98.5 percent of facilities subject to 
40 CFR part 112) will complete the certification from indicating that 
they are not ``substantial harm'' facilities.
    The hour burden and dollar cost estimates capture the variety of 
facility types and sizes among those that are subject to the FRP 
requirements. Because the costs of compliance

[[Page 11424]]

activities associated with FRPs depend largely on the physical and 
operating characteristics of the facility, three facility size 
categories were defined as: Small facilities with a total storage 
capacity greater than 1,320 gallons, but less than or equal to 42,000 
gallons; Medium facilities with a total storage capacity greater than 
42,000 gallons but less than or equal to one million gallons; and Large 
facilities with a total storage capacity greater than one million 
gallons. Because FRP regulations apply to facilities with an oil 
storage capacity of over one million gallons, or over 42,000 gallons if 
the facility transfers oil over water or to and from vessels, the 
``small'' facilities were excluded from the burden estimates. The FRP 
facility type categories were based on how oil is used at a facility. 
Facilities were classified as using oil in one of three ways: Storage/
Consumption facilities that consume oil as a raw material or end-use 
product; Storage/Distribution facilities market and distribute oil as a 
wholesale or retail product; and Production facilities pump oil from 
the ground as part of exploration or production activities.
    The total hour burden to the entire regulated community over the 
three-year period covered by the renewal ICR is approximately 1,904,980 
hours, or 634,994 hours annually. Exhibit 1 displays the recordkeeping 
and reporting burden for affected facilities. The public reporting and 
recordkeeping burdens to newly regulated facilities where the owners or 
operators are not required to prepare FRPs (i.e., facilities where the 
owner or operators certify that they do not meet the ``substantial 
harm'' criteria) are 0.1 hours for recordkeeping and 0.4 hours for 
reporting per year. The annual reporting and recordkeeping burdens to 
newly regulated facilities where the owners or operators are required 
to prepare FRPs (i.e., first-year costs for plan development) are 8.3 
hours and 237 hours, respectively. The average annual reporting and 
recordkeeping burdens to facilities where the owners or operators 
maintain FRPs (i.e., subsequent year costs for annual plan maintenance) 
are 1.2 hours and 98 hours, respectively.

                   Exhibit 1.--FRP Recordkeeping and Reporting Burden for Affected Facilities
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                                                                       Number of        Average
                                                     Total average  facilities per   annual burden
                                                     annual burden       year       per respondent
                                                        (hours)      (respondents)      (hours)
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                                         FRP Certification
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Recordkeeping.....................................             435           4,354             0.1
Reporting.........................................           1,813           4,354             0.4
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                                          FRP Preparation
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Recordkeeping.....................................             548              66             8.3
Reporting.........................................          15,658              66           237.0
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                                          FRP Maintenance
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Recordkeeping.....................................           7,469           6,224             1.2
Reporting.........................................         609,070           6,224            98.0
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    Capital costs are incurred by respondents that must prepare an FRP 
for the first time. The total capital cost to comply with the FRP 
information collection requirements is $62,147 over the three-year 
period covered by the renewal ICR, or $20,716 per year. This includes 
one-time start-up costs such as telephone calls, postage, photocopying, 
and other costs related to the preparation and submission of an FRP. 
O&M costs are considered to be negligible since it is expected that 
facility owners and operators will incur no additional costs due to 
hard copy storage of their FRPs (e.g., placed on existing shelves or in 
existing file cabinets) or electronic storage (e.g., saved on a 
facility's existing computer hard drive or network).
    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: February 26, 2004.
Deborah Y. Dietrich,
Director, Office of Emergency Prevention, Preparedness & Emergency 
Response.
[FR Doc. 04-5369 Filed 3-9-04; 8:45 am]
BILLING CODE 6560-50-P