[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Notices]
[Pages 72191-72193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27262]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPA-2004-0010, FRL-7847-5]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Renewal of Information Collection Request (ICR) for 
the Oil Pollution Prevention Regulation for Certain Facilities to 
Prepare and Maintain an Oil Spill Prevention, Control and 
Countermeasure (SPCC) Plan, EPA ICR 0328.11, OMB Control 
Number 2050-0021

AGENCY: Environmental Protection Agency.

ACTION: Notice.

-----------------------------------------------------------------------

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 August 31, 
2005. 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 February 11, 2005.

ADDRESSES: Submit your comments, referencing docket ID number OPA-2004-
0010, to EPA online using EDOCKET (our preferred method), by e-mail to 
[email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, 1301 Constitution Ave., NW., EPA West, 
Suite B-102, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Hugo Paul Fleischman, EPA Oil Program, 
Mail Code 5203G, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: 703-603-8769; fax 
number: 703-603-9116; email address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OPA-2004-0010, 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 holidays. The telephone number 
for the Reading Room is (202) 566-1744, and the telephone number for 
the Superfund

[[Page 72192]]

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, confidential business 
information (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: The industries that are likely to be covered by 
the SPCC regulation fall into many North American Industrial 
Classification System (NAICS) categories, including those associated 
with petroleum and non-petroleum oil production, processing (refining), 
distribution, and consumption. The specific private industry sectors 
subject to this action include, but are not limited to: (1) Crop and 
Animal Production (NAICS 111-112): (2) Crude Petroleum and Natural Gas 
Extraction (NAICS 211111); (3) Coal Mining, Non-Metallic Mineral Mining 
and Quarrying (NAICS 2121/2123/213114/213116); (4) Electric Power 
Generation, Transmission, and Distribution (NAICS 2211); (5) Heavy 
Construction (NAICS 234); (6) Petroleum and Coal Products Manufacturing 
(NAICS 324); (7) Other Manufacturing (NAICS 31-33); (8) Petroleum Bulk 
Stations and Terminals (NAICS 42271); (9) Gasoline Stations/Automotive 
Rental and Leasing (NAICS 4471/5321); (10) Heating Oil Dealers (NAICS 
454311); (11) Transportation (including Pipelines), Warehousing, and 
Marinas (NAICS 482-486/488112-48819/ 4883/48849/492-493/71393); (12) 
Elementary and Secondary Schools, Colleges (NAICS 6111-6113); (13) 
Hospitals/Nursing and Residential Care Facilities (NAICS 622-623).
    Title: Renewal of Information Collection Request (ICR) for the Oil 
Pollution Prevention regulation (40 CFR part 112) for certain 
facilities to prepare and maintain an Oil Spill Prevention, Control, 
and Countermeasure (SPCC) Plan
    Abstract: The Oil Pollution Prevention regulation, found at 40 CFR 
part 112, outlines requirements for both prevention of and response to 
oil spills. The prevention aspect of this regulation is also known as 
the SPCC regulation. It was originally promulgated on December 11, 
1973, at 38 FR 34164, under the authority of section 311(j)(1)(C) of 
the CWA. The regulation established spill prevention procedures, 
methods, and equipment requirements for non-transportation-related 
onshore and offshore facilities with aboveground oil storage capacity 
greater than 1,320 gallons (or greater than 660 gallons in a single 
tank), or buried underground oil storage capacity greater than 42,000 
gallons. Regulated facilities are also limited to those that, because 
of their location, could reasonably be expected to discharge oil into 
the navigable waters of the United States or adjoining shorelines.
    On July 17, 2002, at 67 FR 47042, EPA published final amendments to 
the SPCC rule. The final rule included new subparts outlining the 
requirements for different classes of oil; revised the applicability of 
the regulation; amended the requirements for completing SPCC Plans; and 
made other modifications. The final rule also contained a number of 
provisions designed to decrease regulatory burden on facility owners 
and operators subject to the rule, while preserving environmental 
protection. The rule was effective August 16, 2002. The rule included 
compliance dates in Sec.  112.3(a) and (b); however, the original 
compliance dates were extended for eighteen months on April 7, 2003 (68 
FR 18890). On August 11, 2004, EPA extended by an additional eighteen 
months the compliance dates in Sec.  112.3(a) and (b), and amended the 
compliance deadline in Sec.  112.3(c) (69 FR 48794).
    The Oil Pollution Prevention regulation requires that an SPCC Plan 
be prepared in accordance with good engineering practices and be 
approved by a person with the authority to commit the resources 
necessary to implement the SPCC Plan. SPCC Plans address the following 
three areas: (1) Operating procedures that prevent oil spills; (2) 
Control measures installed to prevent a spill from reaching navigable 
waters; and (3) Countermeasures to contain, clean up, and mitigate the 
effects of an oil discharge that could reach navigable waters. Each 
SPCC Plan, while unique to the facility it covers, must include certain 
standard elements to ensure compliance with the regulations.
    The primary data collection activities required by the Oil 
Pollution Prevention regulation are the preparation and maintenance of 
the SPCC Plan along with preparing records of inspections and tests. In 
preparing a Plan, the owner or operator of a new facility must prepare 
and implement an SPCC Plan in accordance with the guidelines set forth 
in 40 CFR part 112 before beginning facility operations. Section 112.3 
requires the owner or operator to maintain a copy of the SPCC Plan at 
the facility, if the facility is normally attended for at least four 
hours per day or, if not, at the nearest field office. In the event of 
certain discharges of oil into navigable waters, a facility owner or 
operator must submit information described in Sec.  112.4(a) to the 
Regional Administrator within 60 days. Additionally, the facility owner 
or operator must amend his Plan in accordance with Sec.  112.7 whenever 
there is a change in the facility's design, construction, operation, 
and maintenance that materially affects the facility's potential to 
discharge oil into navigable waters.
    EPA does not collect SPCC Plans or related records from facilities 
on a routine basis. Preparation, implementation, and maintenance of the 
SPCC Plan by the facility helps prevent oil discharges and mitigate the 
environmental damage caused by such discharges. Therefore, the primary 
user of the data is the facility itself. For example:
     Accumulating the necessary data requires that the facility 
staff analyze the strengths and weaknesses of the facility for 
preventing oil discharges, facilitating safety awareness, and promoting 
appropriate modifications to facility design and operations;
     Having the required information in a single document 
promotes efficient response in the event of a discharge;
     Implementing the Plan according to the specifications of 
40 CFR part 112 requires meeting certain design and operational 
standards that reduce the likelihood of an oil discharge;

[[Page 72193]]

     Keeping inspection records promotes important maintenance, 
facilitates leak detection, and demonstrates compliance with the SPCC 
requirements; and
     Reviewing the Plan periodically ensures the implementation 
of more effective spill prevention control technology.
    Although the facility is the primary user of the data, EPA uses the 
data in certain situations. EPA's primary use of the data contained in 
an SPCC Plan is to ensure that a facility is in full compliance with 
all elements of the SPCC regulation, including design and operation 
specifications and inspection requirements. EPA reviews SPCC Plans as 
part of EPA's inspection program and when information is submitted 
because of an oil discharge. A Regional Administrator may require a 
facility owner or operator to amend the SPCC Plan if he finds that the 
facility has not met the requirements of the regulation or that Plan 
amendment is necessary to prevent and contain discharges of oil. If a 
facility does not amend its SPCC Plan, it may face civil penalties 
under the Clean Water Act.
    State and local governments are also users of the data. The 
information provided in SPCC Plans (e.g., facility configuration, 
capabilities, and potential risks) is not necessarily available 
elsewhere and can greatly assist local emergency preparedness planning 
efforts. The Plan should be compatible and coordinated with local 
emergency plans, including those developed under Title III of the 
Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499). 
Coordination with state governments is facilitated by the provision in 
Sec.  112.4(c) requiring that, after certain discharges, information on 
the discharge be sent to the relevant state agencies. The flexibility 
with respect to formatting proposed in this rule promotes greater 
coordination with State planning efforts because the use of plans 
prepared pursuant to state regulations is encouraged.
    EPA is currently involved in an effort to estimate the universe of 
facilities regulated by the SPCC rule. The purpose of this effort is to 
include the full range of industries and number of affected facilities 
impacted by this rule. Given that the information used in this ICR is 
based on analysis and data collected between 1990 and 1996, we believe 
more current data will more accurately reflect today's situation and 
give EPA and the universe of regulated facilities a truer picture of 
the impact of the regulation.
    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: An estimated 427,211 existing facilities and 
4,372 new facilities are subject to the SPCC regulations in the first 
year of this ICR period. The breakdown by facility size is estimated to 
be 355,550 small facilities, 64,283 medium facilities, and 11,750 large 
facilities subject to the information collection activities. A 1 
percent annual growth rate is assumed to continue for the duration of 
this ICR.
    The total hour burden to the entire regulated community over the 
three-year period covered by the renewal ICR is approximately 5,196,061 
hours, or 1,732,020 hours annually. The net annual public reporting and 
recordkeeping burden for this collection of information, for newly 
regulated facilities is estimated to range from 35.1 to 65.2 hours per 
facility, with an average burden of approximately 38.0 hours, including 
time for reviewing instructions and gathering the data needed. The net 
annual public reporting and recordkeeping burden for facilities already 
regulated by the Oil Pollution Prevention regulation is estimated to 
range from 3.5 to 7.35 hours. These average annual burden estimates 
take into account the varied frequencies of response for individual 
facilities according to characteristics specific to those facilities, 
including frequency of oil discharges and facility modifications.
    For the typical existing small, medium, and large facility, the 
estimated total annual baseline costs for all information collection 
activities required by the SPCC regulation are $200, $199, and $345 per 
facility, respectively. For typical new small, medium, and large 
facility, the total annual baseline costs for all information 
collection activities required by the Oil Pollution Prevention 
regulation are estimated to be $2,695, $2,744, and $3,354 per facility, 
respectively. Estimated annual costs for new facilities are higher than 
for existing facilities because of the greater expense associated with 
initially preparing the Plan. Starting in the third year of this ICR, 
the net annualized capital and start-up costs for all facilities 
average $0.3 million, and net annualized labor and O&M costs are $74.5 
million and $26.3 million, respectively.
    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: November 29, 2004.
Dana S. Tulis,
Deputy Director, Office of Emergency Management.
[FR Doc. 04-27262 Filed 12-10-04; 8:45 am]
BILLING CODE 6560-50-P