[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Notices]
[Pages 65894-65895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21761]


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ENVIRONMENTAL PROTECTION AGENCY

[OAR-2003-0052; FRL-7991-6]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Risk Management Program 
Requirements and Petitions To Modify the List of Regulated Substances 
under Section 112(r) of the Clean Air Act (Renewal), EPA ICR Number 
1656.12, OMB Control Number 2050-0144

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 an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on October 31, 
2005. Under OMB regulations, the Agency may continue to conduct or 
sponsor the collection of information while this submission is pending 
at OMB. This ICR describes the nature of the information collection and 
its estimated burden and cost.

DATES: Additional comments may be submitted on or before December 1, 
2005.

ADDRESSES: Submit your comments, referencing docket ID number OAR-2003-
0052, to (1) EPA online using EDOCKET (our preferred method), by e-mail 
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, and (2) OMB at: Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, 5104A, Office of Solid 
Waste and Emergency Response, Office of Emergency Management, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-8019; fax number: 
(202) 564-2625; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On June 2, 2005 (70 FR 32325), EPA sought comments on this ICR 
pursuant to 5 CFR 1320.8(d). EPA received only one comment. The 
Agency's response is included in the supporting statement.
    EPA has established a public docket for this ICR under Docket ID 
No. OAR-2003-0052, which is available for public viewing at the Air and 
Radiation Docket and Information Center 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 and Radiation Docket and Information 
Center is (202) 566-1742. An electronic version of the public docket is 
available

[[Page 65895]]

through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use 
EDOCKET to 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 and OMB 
within 30 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 www.epa.gov/edocket.
    Title: Risk Management Program Requirements and Petitions to Modify 
the List of Regulated Substances under Section 112(r) of the Clean Air 
Act (Renewal).
    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 (RMP) 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 RMPs 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 and are identified on 
the form and/or instrument, if applicable.
    Burden Statement: The public reporting burden will depend on the 
regulatory program tier into which sources are categorized. In this 
ICR, the public reporting burden for rule familiarization for new 
sources is estimated to range from 20 to 40 hours per source. The 
public reporting burden to prepare and submit a RMP for new sources is 
estimated to range from 10 to 30 hours. The public reporting burden for 
new sources to develop prevention programs is estimated to range from 
70 to 95 hours per source. The public reporting burden for CBI claims 
is estimated to be 9.5 hours per source. Burden for RMP revisions is 
estimated to range from 10 to 40 hours per source. The public record 
keeping burden to maintain on-site documentation for currently covered 
sources is estimated to range from 3 hours to 146 hours. The total 
annual public reporting burden for new sources to become familiar with 
the rule, develop and submit a RMP, develop prevention program, 
substantiate claims for confidential business information, submit 
revised RMPs, and develop on-site documentation for existing sources is 
about 92,442 hours (277,326 hours over three years). The total annual 
burden estimated for 15 states that may be implementing a Part 68 
program is 6,157 hours (18,471 hours for three years). Therefore, the 
total annual burden for all sources and states is estimated to be 
98,599 hours (295,797 hours 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.
    Respondents/Affected Entities: Chemical manufacturers, petroleum 
refineries, water treatment systems, non-chemical manufacturers, etc.
    Estimated Number of Respondents: 1,397, including state 
implementing agencies.
    Frequency of Response: Every five years, unless the facilities need 
to update their previous submission.
    Estimated Total Annual Hour Burden: 98,599 hours.
    Estimated Total Annual Cost: $3,582,614, which includes $0 
annualized capital, $6,910 O&M costs, and $3,575,704 Respondent Labor 
costs.
    Changes in the Estimates: There is a decrease of 32,204 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This decrease is mainly due to the RMP submission 
schedule. The last submission of RMPs by all sources was in June 2004. 
The next compliance deadline is June 2009, which is after this ICR 
period. This ICR only accounts for compliance burden for new sources 
that may become subject to the regulations, any revised RMP that may be 
submitted by existing sources, and on-site documentation for existing 
sources. The burden may increase in the next ICR renewal since the next 
deadline for all sources to submit RMPs will fall within the next ICR 
period.

    Dated: October 24, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05-21761 Filed 10-31-05; 8:45 am]
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