[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Notices]
[Pages 41472-41474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15618]


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ENVIRONMENTAL PROTECTION AGENCY

[SFUND-2000-0008, FRL-7785-2]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Continuous Release Reporting Regulations (CRRR) Under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (CERCLA), EPA ICR Number 1445.06, OMB Control Number 2050-
0086

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. This ICR is scheduled to expire on November 30, 
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 September 7, 2004.

ADDRESSES: Submit your comments, referencing docket ID number SFUND-
2000-0008, to EPA online using EDOCKET (our preferred method), by e-
mail to [email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, Superfund Docket Office, Mail Code 
5202T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Lynn M. Beasley, Office of Solid Waste 
and Emergency Response, Office of Emergency Prevention, Preparedness, 
and Response, Emergency Response Staff, 5204G, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (703) 603-9086; fax number: (703) 603-9104; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number SFUND-2000-0008, which is available for 
public viewing at the Superfund Docket in 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

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holidays. The telephone number for the Reading Room is (202) 566-1744, 
and the telephone number for the Superfund 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. For further information about the electronic docket, see EPA's 
Federal Register notice describing the electronic docket at 67 FR 38102 
(May 31, 2002), or go to http://www.epa.gov./edocket.
    Affected entities: Entities potentially affected by this action are 
vessels or facilities that manufacture, process, transport, or 
otherwise use certain specified hazardous substances.
    Title: Continuous Release Reporting Regulations (CRRR) under the 
Comprehensive, Environmental Response, Compensation, and Liability Act 
of 1980.
    Abstract: Section 103(a) of CERCLA, as amended, requires the person 
in charge of a vessel or facility to immediately notify the National 
Response Center (NRC) of a hazardous substance release into the 
environment if the amount of the release equals or exceeds the 
substance's reportable quantity (RQ). The RQ of every hazardous 
substance can be found in 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 Continuous Release Reporting Requirements (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. 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:
    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 a one-year follow-up 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: 249,451 hours.
    Estimated total annual burden costs: $11,277,827.
    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.


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    Dated: June 29, 2004.
Deborah Y. Dietrich,
Director, Office of Emergency Prevention, Preparedness, and Response.
[FR Doc. 04-15618 Filed 7-8-04; 8:45 am]
BILLING CODE 6560-50-P