[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Pages 11618-11619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3285]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-O-PA-2004-0010; FRL-8042-8]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Spill Prevention, Control and 
Countermeasure (SPCC) Plans (Renewal), EPA ICR No. 0328.11, OMB Control 
No. 2050-0021

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (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. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before April 7, 2006.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPA-
2004-0010, to (1) EPA online using www.regulations.gov (our preferred 
method), by e-mail to [email protected], or by mail to: EPA 
Docket Center, Environmental Protection Agency, Superfund Docket, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to: 
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: Hugo Paul Fleischman, EPA/OSWER/OEM, 
Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: 202-564-1968; 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 December 13, 2004 (69 FR 72191), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received two relevant 
comments during the comment period, which are addressed in the ICR. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OPA-2004-0010, which is available for online viewing at 
www.regulations.gov, or in person viewing at the Superfund Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC 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

[[Page 11619]]

number for the Superfund Docket is (202) 566-0276.
    Use EPA's electronic docket and comment system at 
www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at www.regulations.gov as EPA receives 
them and without change, unless the comment contains copyrighted 
material, CBI, or other information whose public disclosure is 
restricted by statute. For further information about the electronic 
docket, go to www.regulations.gov.
    Title: Spill Prevention, Control and Countermeasure (SPCC) Plans 
(Renewal).
    ICR numbers: EPA ICR No. 0328.11, OMB Control No. 2050-0021.
    ICR Status: This ICR is scheduled to expire on February 28, 2006. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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 title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: The primary data collection activities required by the 
Oil Pollution Prevention regulation (40 CFR part 112) 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.
    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 in this rule promotes greater coordination 
with State planning efforts because the use of plans prepared pursuant 
to state regulations is encouraged. None of the information to be 
gathered for this collection is believed to be confidential.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 4 
hours per response for existing facilities and 38 hours per response 
for newly regulated facilities. 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: 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, storage, and consumption. Oil production facilities (28 
percent), farms (25 percent), and electric utilities (8 percent) 
account for most of the SPCC-regulated facilities.
    Estimated Number of Respondents: 623,288.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 2,385,701 hours.
    Estimated Total Annual Cost: $158 million, includes $52 million 
annualized capital and O&M costs and $106 million labor costs.
    Changes in the Estimates: There is an increase of 796,449 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase is due to adjustments to the 
estimates for the number of affected facilities, burden values, and 
labor rates.

    Dated: February 23, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6-3285 Filed 3-7-06; 8:45 am]
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