[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Notices]
[Pages 39406-39409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13898]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2007-0559, FRL-8440-6]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Renewal of Information Collection Request for the 
Implementation of the Oil Pollution Act Facility Response Plan 
Requirements; EPA ICR Number 1630.09; OMB Control Number 2050-0135

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 EPA is planning to submit a 
request to renew an existing approved Information Collection Request 
(ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on November 30, 2007. 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 17, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2007-0559, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Mail: EPA Docket Center (EPA/DC), Docket ID No. EPA-HQ-
SFUND-2007-0559, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-SFUND-
2007-0559. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Lori Lee, Office of Solid Waste and 
Emergency Response, Office of Emergency Management, Environmental 
Protection Agency, Mail Code: 5104A, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-564-8006; fax number: 202-
564-2501; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
no. EPA-HQ-SFUND-2007-0559 which is available for online viewing at 
www.regulations.gov, or in person viewing at the Office of Emergency 
Prevention, Preparedness, and Response Oil Program 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 number for the Office of Emergency Prevention, Preparedness, 
and Response Oil

[[Page 39407]]

Program Docket is 202-566-2426. Use www.regulations.gov 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 in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare my Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected Entities: Entities potentially affected by this action are 
a subset of facilities that are required to have a spill prevention, 
control, and countermeasure (SPCC) plan under the Oil Pollution 
Prevention regulation (40 CFR part 112) that, because of their 
location, could reasonably be expected to cause ``substantial harm'' to 
the environment by discharging oil into or on the navigable waters or 
adjoining shorelines. Owners and operators of these facilities must 
prepare and submit to EPA a facility response plan. The criteria for a 
``substantial harm'' facility, which are detailed in 40 CFR 
112.20(b)(1) and (f), include:
     Oil transfers over water and a total oil storage capacity 
greater than or equal to 42,000 gallons; or
     Total oil storage capacity greater than or equal to one 
million gallons and either inadequate secondary containment, proximity 
to fish and wildlife or sensitive environments, proximity to public 
drinking water intakes, or oil discharge greater than or equal 10,000 
gallons in the last five years; or
     Other factors considered by the Regional Administrator.
    The specific private industry sectors subject to this action 
include, but are not limited to: (1) Petroleum Bulk Stations and 
Terminals (NAICS 42271); (2) Electric Power Generation, Transmission, 
and Distribution (NAICS 2211); (3) Heating Oil Dealers (NAICS 3112); 
(4) Transportation, Pipelines, and Marinas (NAICS 482-486/488112-48819/
4883/48849/492/71393); (5) Grain and Oilseed Milling (NAICS 3112); (6) 
Manufacturing (NAICS 31-33); (7) Warehousing and Storage (NAICS 493); 
(8) Crude Petroleum and Natural Gas Extraction (211111); and (9) Other 
Commercial Facilities (miscellaneous).
    Title: Renewal of Information Collection Request for the 
Implementation of the Oil Pollution Act Facility Response Plan 
Requirements (40 CFR Part 112).
    ICR Numbers: EPA ICR No. 1630.09, OMB Control No. 2050-0135.
    ICR Status: This ICR is currently scheduled to expire on November 
30, 2007.
    Abstract: The authority for EPA's facility response plan 
requirements is derived from section 311 of the Clean Water Act, as 
amended by the Oil Pollution Act of 1990. EPA's regulation is codified 
at 40 CFR 112.20 and 112.21. All facility response plan (FRP) reporting 
and recordkeeping activities are mandatory. No amendments were made to 
the FRP regulation since submission of the current ICR approval 
(November 30, 2004). While EPA recently finalized amendments to the 
SPCC rule (71 FR 77266 (December 26, 2006) and 72 FR 27443 (May 16, 
2007)) these amendments are not expected to impact the number of 
facilities subject to FRP requirements, nor are they expected to 
substantively affect the burden of complying with FRP requirement.

Purpose of Data Collection

    A facility-specific response plan will help an owner or operator 
identify the necessary resources to respond to an oil spill in a timely 
manner. If implemented effectively, the FRP will reduce the impact and 
severity of oil spills and may prevent spills because of the 
identification of risks at the facility. Although the facility owner or 
operator is the primary data user, EPA also uses the data in certain 
situations to ensure that facilities comply with the regulation and to 
help allocate response resources. State and local governments may also 
use the data to assist in local emergency preparedness planning 
efforts.
    EPA reviews all submitted FRPs and must approve FRPs for those 
facilities whose discharges may cause ``significant and substantial 
harm'' to the environment. EPA approval is needed in order to ensure 
that facilities believed to pose the highest risk have planned for 
adequate resources and procedures to respond to a spill. (See 40 CFR 
112.20(f)(3) for further information about the criteria for 
``significant and substantial harm.'')
    Response Plan Certification. Under section 112.20(e), the owner or 
operator of a facility subject to SPCC requirements in 40 CFR part 112 
but that does not meet the ``substantial harm'' criteria in section 
112.20(f)(1) must complete and maintain at the facility the 
certification form contained in Appendix C to part 112.
    Response Plan Preparation. Under section 112.20(a) or (b), the 
owner or operator of a facility that meets the ``substantial harm'' 
criteria in section 112.20(f)(1) must prepare and submit to the EPA 
Regional Administrator a facility response plan (FRP) following section 
112.20(h). Such a facility may be a newly constructed facility or may 
be an existing facility that meets paragraph (f)(1) as a result of a 
planned change (paragraph (a)(2)(iii)) or an unplanned

[[Page 39408]]

change (paragraph (a)(2)(iv)) in facility characteristics. Under 
paragraph (c), the owner or operator may be required to amend the FRP.
    Response Plan Maintenance. Under section 112.20(g), the owner or 
operator must periodically review the FRP to ensure consistency with 
the National Oil and Hazardous Substances Pollution Contingency Plan 
and Area Contingency Plans. Under section 112.20(d), the facility owner 
or operator must revise and resubmit revised portions of the FRP after 
material changes at the facility. FRP changes that do not result in a 
material change in response capabilities shall be provided to the 
Regional Administrator as they occur. Periodic drills and exercises are 
required to test the effectiveness of the FRP.
    Recordkeeping. Under section 112.20(e), an owner or operator who 
determines that the FRP requirements do not apply must certify and 
retain a record of this determination. An owner or operator who is 
subject to the requirements must keep the FRP at the facility (section 
112.20(a)), keep updates to the FRP (section 112.20(d)(1) and (2)), and 
log activities such as discharge prevention meetings, response 
training, and drills and exercises (section 112.20(h)(8)(iv)).

Consultations

    For the current ICR (approved on November 30, 2004), EPA consulted 
with nine owners or operators of FRP facilities to assess the 
reasonableness of the hour and dollar burden estimates. Interviews 
revealed that the burden was comparable to the burden estimate that EPA 
had used in earlier ICR (as recent as May 2, 2001), which had relied on 
existing industry-related sources of burden and cost information, 
combined with input from EPA regional staff and best professional 
judgment. Further, the 2004 consultations did not identify significant 
sources of burden not captured in earlier renewal ICR (such as 
unaccounted for recordkeeping costs or other time-consuming tasks 
associated with FRP regulatory compliance). For this renewal, EPA again 
contacted nine regulated facilities (of different sizes and types) to 
verify the reasonableness of its hour and dollar burden estimates. EPA 
recognizes that the information from the interviews with nine 
individuals are not statistically representative of the burden 
experienced by all FRP facilities. Nevertheless, the results of the 
consultations suggest that EPA's burden estimates adequately capture 
industry practices. This renewal ICR, therefore, does not change the 
hour burden estimates used in the 2004 renewal ICR. The burden cost is 
adjusted to reflect increases in wage rates.

Number of Regulated Facilities

    Since approval of the current ICR (November 30, 2004), EPA has 
collected detailed information on the facilities that have prepared and 
submitted an FRP to EPA. EPA compiled a national inventory of FRP 
facilities from data maintained by each of EPA's ten regional offices. 
The inventory was updated in April 2007 and comprises 4,132 plan 
holders. While prior ICR were developed based on an assumed share of 
the estimated number of SPCC facilities, this renewal instead uses the 
more detailed inventory as baseline for the number of FRP facilities 
affected by this ICR.
    Burden Statement: A national inventory of FRP plan holders compiled 
by EPA in the Spring of 2007 indicate that owners and operators of 
4,132 facilities had developed and are maintaining FRPs. Information 
available about individual plan holders, however, shows that 161 FRP 
facilities were owned and operated by the federal government (e.g., 
military installations). These federal facilities are excluded from the 
burden estimate analysis, given that they are not considered 
``persons'' under the Paperwork Reduction Act. Consequently, the burden 
analysis uses 3,971 as the number of existing facilities that are 
maintaining an FRP as of 2007.
    The number of active FRP facilities represents approximately 0.7 
percent of the 596,186 facilities EPA estimates are currently subject 
to 40 CFR part 112. EPA estimates that approximately 296 new FRP-
regulated facilities will initiate operations during the three-year 
period covered by this ICR and will develop FRPs. The number of plan 
holders represents approximately 0.5 percent of the 18,541 new 
facilities EPA estimates will become subject to 40 CFR part 112 each 
year. Conversely, another 18,445 facilities (99.5 percent of the 18,541 
facilities subject to 40 CFR part 112) will complete the certification 
form indicating that they are not ``substantial harm'' facilities.
    The hour burden and dollar cost estimates capture the variety of 
facility types and sizes among those that are subject to the FRP 
requirements. Because the costs of compliance activities associated 
with FRPs depend on the physical and operating characteristics of the 
facility, EPA developed the burden estimate based on six categories of 
facilities defined by their total storage capacity and operational 
characteristics. Total storage capacity categories were defined as: (1) 
Facilities with a total storage capacity greater than 42,000 gallons 
but less than or equal to one million gallons; and (2) facilities with 
a total storage capacity greater than one million gallons. While 
facilities with oil storage capacity between 1,320 gallons and 42,000 
gallons may be subject to 40 CFR part 112, they are not subject to FRP 
requirements and need only to maintain the certification form. The FRP 
facility type categories were based on how oil is used at a facility. 
Facilities were classified as using oil in one of three ways: Storage/
Consumption facilities that consume oil as a raw material or end-use 
product; Storage/Distribution facilities market and distribute oil as a 
wholesale or retail product; and Production facilities pump oil from 
the ground as part of exploration or production activities. While rule 
requirements do not vary between these three types of facilities, they 
are assumed to have different configuration, equipment, and operational 
characteristics that may affect the FRP burden.
    The total hour burden to the entire regulated community over the 
three-year period covered by the renewal ICR is approximately 1,307,230 
hours, or 435,743 hours annually. Exhibit 1 displays the average annual 
respondent burden for each burden category; certification, preparation, 
maintenance. The average public reporting and recordkeeping burdens to 
a newly regulated facility where the owners or operators are not 
required to prepare FRPs (i.e., facilities where the owner or operators 
certify that they do not meet the ``substantial harm'' criteria) are 
estimated at 0.4 hours per year. The average annual reporting and 
recordkeeping burdens to a newly regulated facility where the owners or 
operators are required to prepare FRPs (i.e., first-year costs for plan 
development) are estimated at 240.1 hours per year. The average annual 
reporting and recordkeeping burdens to a facility where the owners or 
operators maintain FRPs (i.e., subsequent year costs for annual plan 
maintenance) are estimated at 99.7 hours.

[[Page 39409]]



                     Exhibit 1.--Recordkeeping and Reporting Burden for Affected Facilities
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                                                                                     Number of        Average
                                                                   Total average  facilities per   annual burden
                                                                   annual burden       year       per respondent
                                                                      (hours)      (respondents)      (hours)
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Certification...................................................           7,372          18,445             0.4
Preparation.....................................................          23,057              96           240.1
Maintenance.....................................................         405,314           4,064            99.7
----------------------------------------------------------------------------------------------------------------

    Capital costs are incurred by respondents that must prepare an FRP 
for the first time. The total capital cost to comply with the FRP 
information collection requirements is $89,098 over the three-year 
period covered by the renewal ICR, or $29,699 per year. This includes 
one-time startup costs such as telephone calls, postage, photocopying, 
and other costs related to the preparation and submission of an FRP. 
O&M costs are considered to be negligible since it is expected that 
facility owners and operators will incur no additional costs due to 
hard copy storage of their FRPs (e.g., placed on existing shelves or in 
existing file cabinets) or electronic storage (e.g., saved on a 
facility(s existing computer hard drive or network).
    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.

Are There Changes in the Estimates From the Last Approval?

    There is a decrease of 199,250 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This decrease reflects EPA's current inventory of 
facilities that have submitted and are maintaining an FRP as per 40 CFR 
part 112. While there have been no changes in the regulation that 
affected per facility regulatory burden, the number of facilities 
currently subject to FRP requirements is lower than had been estimated 
for the current ICR, resulting in a lower aggregate burden.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: July 12, 2007.
Deborah Y. Dietrich,
Director, Office of Emergency Management, U.S. Environmental Protection 
Agency, Office of Solid Waste and Emergency Response.
 [FR Doc. E7-13898 Filed 7-17-07; 8:45 am]
BILLING CODE 6560-50-P