[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Notices]
[Pages 32325-32326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10996]


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ENVIRONMENTAL PROTECTION AGENCY

[OAR-2003-0052, FRL-7920-7]


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, EPA ICR Number 1656.12, OMB Control Number 2050-0144

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 October 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 August 1, 2005.

ADDRESSES: Submit your comments, referencing docket ID number OAR-2003-
0052, to EPA online using EDOCKET (our preferred method), by email to 
[email protected], or by mail to: EPA Docket Center, Environmental 
Protection Agency, Mail Code 6102T, Air Docket, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Mail Code 5104A, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-8019; fax number: 
(202) 564-2625; email address: [email protected],

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OAR-2003-0052, which is available for public 
viewing at the Air 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 Air 
Docket is (202) 566-1742. 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 
chemical manufacturers, petroleum refineries, water treatment systems, 
non-chemical manufacturers, etc.
    Title: Risk Management Program Requirements and Petitions To Modify 
the List of Regulated Substances under section 112(r) of the Clean Air 
Act.
    Abstract: The 1990 CAA Amendments added section 112(r) to provide 
for the prevention and mitigation of accidental releases. Section 
112(r) mandates that EPA promulgate a list of ``regulated substances,'' 
with threshold quantities and establish procedures for the addition and 
deletion of substances from the list of ``regulated substances.'' 
Processes at stationary sources that contain a threshold quantity of a 
regulated substance are subject to accidental release prevention 
regulations promulgated under CAA section 112(r)(7). These two rules 
are codified as 40 CFR part 68. Part 68 requires that sources with more 
than a threshold quantity of a regulated substance in a process develop 
and implement a risk management program and submit a risk management 
plan to EPA. The compliance schedule for the part 68 requirements was 
established by rule on June 20, 1996. Burden to sources that are 
currently covered by part 68, for initial rule compliance, including 
rule familiarization and program implementation were accounted for in 
ICR 1656.03. Sources submitted their first RMPs on June 21, 1999. The 
next compliance deadline was June 21, 2004, five years after the first 
submission. Some of the sources revised and submitted their RMPs 
between the mandatory deadlines. These sources were then assigned a 
five-year compliance deadline based on the date of their revised plan 
submission. The next submission of RMPs for all sources is by June 21, 
2009. The period covered by this ICR is between the two mandatory 
deadlines (2004 and 2009). Therefore, in this ICR, EPA has accounted 
for only on-going program implementation costs for all sources that are 
currently covered by part 68 requirements, compliance costs for new 
sources that may become subject to the regulations, and burden for 
sources that re-submit RMP before the next compliance deadline.
    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,

[[Page 32326]]

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 public reporting burden will depend upon the 
regulatory program tier into which sources are categorized. The number 
of sources regulated by 40 CFR part 68 is approximately 15,305. As 
explained above, because of the schedule for certain activities 
established in part 68, some burden and costs do not routinely occur in 
the three-year time period covered by this ICR. For example, most 
sources will not have to revise their RMPs or update their process 
hazard analyses, hazard reviews and offsite consequence analysis until 
the next reporting deadline, June 2009. Therefore, in this ICR, EPA has 
accounted for only on-going program implementation costs, rule 
familiarization and program implementation costs for new sources that 
may become subject to the regulations, and re-submission costs for few 
of the sources that have already submitted RMPs.
    In 2003, EPA received RMPs from 332 new sources in various sectors. 
EPA assumes that there will be 332 new sources that may become subject 
to the regulations during the period covered by this ICR. These sources 
may need to become familiar with the regulations, develop prevention 
programs and prepare and submit RMPs. EPA estimates that the burden to 
become familiar with the regulations and to submit a RMP range from 10 
to 40 hours for the various sectors covered by the regulations. The 
unit burden for prevention program documentation for new sources range 
from 70 to 95 hours for sources in various sectors. The total annual 
burden for new facilities to become familiar with the regulations, 
develop prevention program documentation and prepare and submit RMPs is 
23,200 hours at a cost of $796,250 dollars (69,600 hours at a cost of 
$2,388,750 dollars for three years).
    During the two reporting years, June 1999 and 2004, EPA received 
about 34 Confidential Business Information (CBI) claims. EPA assumes 
that there maybe 34 claims submitted annually during the period covered 
by this ICR from any new sources that may become subject to the 
regulations. The estimated unit burden for developing and submitting 
CBI is 9.5 hours. The total annual burden for CBI claims is 323 hours 
at a cost of $14,670 dollars (970 hours at a cost of $44,010 for three 
years).
    Based on the number of revised RMPs received recently, EPA assumes 
that about 1,050 sources may submit revised RMPs annually during the 
period covered by this ICR. Some of the sources may only need to revise 
a section of the RMP that they already submitted. The estimated total 
annual burden for these sources submitting revised RMPs within the 
period covered by this ICR is 13,300 hours at a cost of $434,794 
dollars (39,900 hours at a cost of $1,304,382 dollars for three years).
    Sources that have already submitted RMPs (15,305) are required to 
maintain documentation and update certain elements in their risk 
management plan. Some of the sources are covered by the Occupational 
Safety and Health Act (OSHA) Process Safety Management (PSM) 
regulations, and are already required to do some of the requirements. 
The total annual estimated burden for on-site documentation for non-PSM 
sources is 57,095 hours at a cost of $2,024,754 dollars (173,502 hours 
at a cost of $6,074,262 dollars for three years).
    During the period covered by this ICR, there will be 15 states that 
have obtained delegation to implement the program. The total annual 
burden estimated for 15 states is 6,160 hours at a cost of $221,000 
dollars (18,480 hours at a cost of $663,000 for three years).
    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: May 26, 2005.
Dana S. Tulis,
Acting Director, Office of Emergency Management.
[FR Doc. 05-10996 Filed 6-1-05; 8:45 am]
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