[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Notices]
[Pages 23745-23747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9872]


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ENVIRONMENTAL PROTECTION AGENCY

[SFUND-2004-0002, FRL-7655-5]


National Oil and Hazardous Substance Pollution Contingency Plan 
(NCP) Information Collection Request Renewal, EPA ICR Number 1463.05, 
OMB Control Number 2050-0096

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 a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection: ICR 1463.05. This ICR is scheduled to expire on 
October 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. ICR 1463.05 
addresses the portion of the NCP that details the requirements for 
remedial activities at sites on the National Priority List (Superfund 
Sites). The NCP is the rule that stipulates requirements for fulfilling 
the legislative mandates of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 as amended (CERCLA or 
Superfund). The information collected via these activities is critical 
to characterizing contamination at sites, determining appropriate 
remedies and goals for cleanup, and involving the community in the 
process. All of these steps help ensure that some of the nation's worst 
hazardous waste sites are cleaned up in a manner that is protective of 
human health and the environment, and, where practical, returned to 
productive use.

DATES: Comments must be received on or before June 29, 2004.

ADDRESSES: Submit your comments, identified by Docket ID No. SFUND-
2004-0002, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Agency Website: http://www.epa.gov/edocket. 
EDOCKET, EPA's electronic public docket and comment system, is EPA's 
preferred method for receiving comments. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Mail: EPA Docket Center, Environmental 
Protection Agency, Superfund Docket, Mail Code 5202T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
     Hand Delivery: Superfund Docket, EPA West B107, 
1301 Constitution Ave., NW., Washington, DC 20460 (phone : 
202-566-0276). Such deliveries are only accepted during the Docket's 
normal hours of operation (M-F, 8:30 a.m.-4:30 p.m.), and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. SFUND-2004-
0002. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.epa.gov/edocket, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
www.regulations.gov, or e-mail. The EPA EDOCKET and the federal 
www.regulations.gov websites are ``anonymous access'' systems, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through EDOCKET or www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit EDOCKET on-line or see the 
Federal Register of May 31, 2002 (67 FR 38102).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either

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electronically in EDOCKET or in hard copy at the Superfund Docket, EPA 
West B107, 1301 Constitution Ave. NW., Washington, DC 20460. This 
Docket Facility is open from 8:30 a.m.-4:30 p.m., Monday through 
Friday, excluding legal holidays. The Docket telephone number is 202-
566-0276.

FOR FURTHER INFORMATION CONTACT: Marisa Guarinello, Assessment and 
Remediation Division, Office of Superfund Remediation and Technology 
Innovation (Mail Code 5204G), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-
603-9028; fax number: 703-603-9100; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does This Action Apply to Me?

    Entities potentially affected by this action are State/Tribal 
governments and individual community members who voluntarily 
participate in the remedial phase of the Superfund program and in 
associated community involvement activities throughout the Superfund 
process.

B. What Should I Consider as I Prepare My Comments for EPA?

    Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iii. Describe any assumptions and provide any technical information 
and/or data that you used.
    iv. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    v. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vi. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    vii. Make sure to submit your comments by the comment period 
deadline identified.

II. Abstract

    This Information Collection Request is a renewal ICR that covers 
the remedial portion of the Superfund Program, as specified in the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 as amended (CERCLA) and the National Oil and Hazardous 
Substance Pollution Contingency Plan (NCP). All remedial actions 
covered by this ICR (e.g., Remedial Investigations/Feasibility Studies) 
are stipulated in the statute (CERCLA) and are instrumental in the 
process of cleaning up National Priority List (NPL) sites to be 
protective of human health and the environment. Some community 
involvement activities covered by this ICR are not required at every 
site (e.g., Technical Assistance Grants) and depend very much on the 
community and the nature of the site and cleanup. All community 
activities seek to involve the public in the cleanup of the sites, gain 
the input of community members, and include the community's perspective 
on the potential future reuse of Superfund NPL sites. Community 
involvement activities can enhance the remedial process and increase 
community acceptance and the potential for productive and useful reuse 
of the sites.
    The respondents on whom a burden is placed include State (and 
Tribal) governments and communities. Potential Responsible Parties 
(PRPs) are not addressed in this ICR because the Paperwork Reduction 
Act [5 CFR Part 1320 (Controlling Paperwork Burdens on the Public, FRN 
8/29/1995) Sect. 1320.4 (a)] does not require the inclusion of those 
entities that are the subject of administrative or civil action by the 
Agency. The ICR reports the estimated reporting and record-keeping 
burden hours and costs expected to be incurred by these entities and by 
the Federal government in its oversight capacities of State action and 
administration of community activities at Fund-lead NPL sites. Remedial 
activities undertaken by States at NPL sites are those required and 
recommended by CERCLA and the NCP and the cost of many of these 
activities may be reimbursed by the Federal government. All community 
involvement in the remedial process of Superfund is voluntary. 
Therefore, all cost estimates for community members is speculative and 
does not represent expenditure of actual dollars.
    The number of active Superfund sites is assumed to be approximately 
500 over the three year period covered by this ICR. For the purposes of 
the ICR, active sites are defined as those in the pre-Construction 
Complete stages of the remedial process. These sites may fall into any 
of the following categories ``studies pending, study or design 
underway, construction underway.'' Activities completed in each 
respective stage include the Remedial Investigation/Feasibility Study 
(RI/FS), the Remedial Design (RD), and the Remedial Action (RA). 
Programmatic data reveals that over the history of the Superfund 
Program approximately 20% of activities conducted in the pre-
Construction Complete stages were done at State-lead sites. Therefore, 
the ICR assumes that there are 100 active Superfund sites in which the 
State is the lead agency and 400 sites in which the Federal government 
(EPA) is the lead agency.
    States have responsibilities at new and on-going State-lead sites 
and at all State-lead, Federal-lead, and Federal Facility sites 
entering the remedial phase of Superfund. Based on information in the 
Superfund database, it has been estimated that in each year covered by 
the 3 year period of this ICR there will be 2 new State-lead, 10 new 
Federal-lead, and 33 new Federal Facility sites entering the remedial 
phase. The State is responsible for identifying all Applicable or 
Relevant and Appropriate Requirements (ARARs) at all 45 new sites each 
year (NCP: 40 CFR Sec.  300.400 (g)). All other remedial activities 
taken by the State are done so at sites at which the State voluntarily 
assumes the lead agency role. Over each year of this ICR the State will 
be completing remedial activities at sites that entered the remedial 
phase of Superfund at different times. Past data and planned completion 
dates from the Superfund database were used to estimate the number of 
sites for which the State is responsible for each activity. It is 
anticipated that each year of the ICR period the State will complete an 
RI/FS at 2 sites, a Proposed Plan at 4 sites, a Record of Decision 
(ROD) at 4 sites, maintain the Administrative Record at 100 sites, 
complete an Initial Community Involvement Plan (CIP) at 2 sites, revise 
the CIP at 20 sites, issue an average of 4 Fact Sheets for each of 100 
sites, conduct 4 focus group sessions at 1 site, and organize a 
community workshop at 2 sites.
    Community members' participation in remedial activities at 
Superfund sites is purely voluntary and the level of involvement varies 
greatly depending on the complexity of the site, its location (urban 
vs. rural, industrial vs. residential, etc.), and the level of 
interest. Much of the information used for estimates in this section 
were provided by a group of EPA Community Involvement employees, 
including Regional Community Involvement Managers, Headquarters staff, 
and Technical Assistance Grant (TAG) Coordinators. It is estimated 
that: 40 people will be interviewed for the development of the CIP at 
12 Federal and State-lead Superfund sites entering the remedial phase 
each year; 25 people

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will be interviewed for the revision of the CIP at 100 on-going Federal 
and State-lead sites; 15 people will participate in 4 focus groups at 
each of 5 sites; 50 people will participate in a workshop at each of 10 
sites; 15 community groups will be awarded a TAG; 120 community groups 
will manage an existing TAG; and 800 people will complete a short 
satisfaction survey at 5 sites.
    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

    Burden hours and costs have been estimated for all recordkeeping 
and reporting activities taken by the respondents as described in the 
Abstract. Information was gathered from a Superfund database that 
contains information about completed activities and those that are 
planned, Superfund contract records, the Office of Personnel 
Management, the Bureau of Labor Statistics, EPA staff, and the 2001 
edition of the ICR. Further details as to the methods used and 
assumptions made in estimating burden hours and costs will be provided 
in the ICR Supporting Statement that accompanies Form OMB 83-1, which 
is submitted to the Office of Management and Budget. Detailed cost and 
burden breakdown tables will also be provided in the Supporting 
Statement.
    The total estimated annual burden hours placed on State governments 
for all remedial activities is 40,185 (120,555 for the total 3 yr. ICR 
period). The total estimated annual costs, much of which may be 
reimbursable by the Federal government, placed on State governments is 
$2,813,455 ($8,440,365 for the total 3 yr. ICR period). This estimate 
includes the costs of labor, printing and distribution of materials, 
contractor services, supplies, and equipment. The total estimated 
annual burden hours placed on communities is 28,730 (86,190 for the 
total 3 yr. ICR period). The total estimated annual costs, all of which 
reflects speculative labor costs as community members engage in all 
activities on a voluntary basis, placed on communities is $459,680 
($1,379,040 for the 3 yr. ICR period).
    The ICR covers an array of activities that may occur at various 
discrete points in time or periodically throughout the entire Superfund 
remedial process. Therefore, the number of likely respondents per 
Superfund site in both the State and community categories will vary by 
site depending on its position in the remedial process, the lead 
agency, and the level of community involvement warranted. Additionally, 
the frequency of response to all activities covered by the ICR can only 
be described as occurring when required to meet CERCLA requirements and 
the needs of the Superfund site and the community.
    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 22, 2004.
Chuck H. Suftin,
Acting Office Director, Office of Superfund Remediation and Technology 
Innovation.
[FR Doc. 04-9872 Filed 4-29-04; 8:45 am]
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