[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Notices]
[Pages 47594-47596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18840]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0052; FRL-8704-3]


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 (CAA).; EPA ICR No. 1656.13; OMB Control No. 2050-0144

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 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 January 31, 2009. 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 October 14, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2003-0052, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-9744.
     Mail: Air Docket, Environmental Protection Agency, Mail 
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0052. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. 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: Sicy Jacob, Office of Emergency 
Management, Mail code 5104A, 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:

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-OAR-2003-0052 which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Air Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 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 Air Docket is 202-566-1742.
    Use http://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 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.

[[Page 47595]]

    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?

    Docket ID No. EPA-HQ-OAR-2003-0052.
    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.
    ICR number: EPA ICR No. 1656.13, OMB Control No. 2050-0144.
    ICR status: This ICR is currently scheduled to expire on January 
31, 2009. 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, and 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 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 more than 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 was accounted for in 
previous ICRs. Sources submitted their first RMPs on June 21, 1999. The 
next compliance deadline for most sources was June 21, 2004, five years 
after the first submission. Some sources revised and submitted their 
RMPs between the five-year deadlines. These sources were then assigned 
a new five-year compliance deadline based on the date of their revised 
plan submission. The next submission deadline of RMPs for most sources 
is June 21, 2009. However, as only some regulated entities have a 
compliance deadline of June 2009, the remaining sources have been 
assigned a deadline in 2010, 2011, 2012 or 2013 (the last two years are 
after the period covered by this ICR) based on the date of their most 
recent submission. The period covered by this ICR includes the 
regulatory reporting deadline, June 2009. In this ICR, EPA has 
accounted burden for new sources that may become subject to the 
regulations, currently covered sources with compliance deadlines in 
this ICR period (2009 to 2011), sources that are out of compliance 
since the last regulatory deadline but are expected to comply during 
this ICR period, and sources that have deadlines beyond this ICR period 
but are required to comply with certain prevention program 
documentation requirements.
    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: The public reporting burden will depend on the 
size of the sources complying with 40 CFR part 68 requirements. In this 
ICR, the public reporting burden for rule familiarization for new 
sources is estimated to range from 12 to 32 hours per source. The 
public reporting burden to prepare and submit a RMP for new sources is 
estimated to range from 8.25 to 33 hours. The public reporting burden 
for new sources to develop a prevention program is estimated to range 
from 7 to 188 hours per source. The public reporting burden for those 
sources that claim CBI is estimated to be 9.5 hours per source. The 
public reporting burden for currently covered sources to prepare and 
submit RMP is estimated to range from 5 to 28 hours. The public record 
keeping burden to maintain on-site documentation for currently covered 
sources is estimated to range from 4.5 to 124 hours. The total annual 
public reporting burden for all sources is 84,729 hours (254,187 hours 
over three years). The total annual burden estimated for 16 
implementing agencies is 9,253 hours (27,759 hours for three years). 
Therefore, the total annual burden for all sources and states is 
estimated to be 93,982 hours (281,946 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 
which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 13,718 for this 
ICR period.
    Frequency of response: Every five years, unless the facilities need 
to

[[Page 47596]]

update their previous submission earlier to comply with a rule 
requirement.
    Estimated total average number of responses for each respondent: 
one.
    Estimated total annual burden hours: 93,982 hours including burden 
for implementing agencies.
    Estimated total annual costs: $9,785,371.00. There are no capital 
or operating and maintenance costs associated with this ICR since all 
sources are required to submit RMPs on-line using the new electronic 
reporting system, RMP e*submit.
    There is a decrease of 4,617 hours for all sources and states from 
the previous ICR. There are two primary reasons for this decrease in 
burden. First, as explained in section 1 of the supporting statement 
for this ICR renewal (the supporting statement is available at http://www.regulations.gov), the burden varies from ICR to ICR due to 
different compliance deadlines based on the sources' RMP re-submission 
deadlines and other regulatory deadlines. Therefore, the burden 
increases or decreases each year depending on how many sources have to 
submit their RMP and comply with certain prevention program 
requirements. Second, the number of sources subject to the regulations 
is lower than in the previous ICR (16,634 in the previous ICR and 
13,718 sources in this ICR period).

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: August 7, 2008.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
[FR Doc. E8-18840 Filed 8-13-08; 8:45 am]
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