[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Notices]
[Pages 6130-6132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2410]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2010-0987, FRL-9261-7]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Implementation of the Oil Pollution Act Facility 
Response Plan Requirements (Renewal)

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 March 31, 2011. 
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 April 4, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OPA-2010-0987, to EPA, by one of the following methods:
    (1) http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    (2) E-mail: [email protected], Attention Docket ID No, EPA-HQ-
OPA-2010-0987.
    (3) Fax: 202-566-9744, Attention Docket ID No. EPA-HQ-OPA-2010-
0987.
    (4) Mail: EPA Docket Center, (EPA/DC), Docket ID No. EPA-HQ-OPA-
2010-0987, Mail Code 28221T, 1200 Pennsylvania Ave., NW., Washington, 
DC 20460.
    (5) Hand Delivery: EPA Docket Center, (EPA/DC), EPA West, Room 
3334, 1301 Constitution Ave., NW., Washington, DC 20460. Attention 
Docket ID No. EPA-HQ-OPA-2010-0987. 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-OPA-
2010-0987. 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/dockets.

FOR FURTHER INFORMATION CONTACT: 
J. Troy Swackhammer, Office of Emergency Management, Mail Code 5104A, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-1966; 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-OPA-2010-0987, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at 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 to make an appointment to view the docket is (202) 
566-0276.
    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.
    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.

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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) and which, because of their 
location, could reasonably expected to cause ``substantial harm'' to 
the environment by discharging oil into or on navigable waters or 
adjoining shorelines. Owners and operators of these facilities must 
prepare and submit an Facility Response Plan (FRP) to EPA. The criteria 
for a substantial harm facility include:
     Oil transfers over water to or from a vessel and a total 
storage capacity of greater than or equal to 42,000 gallons; or
     Total oil storage capacity of greater than or equal to one 
million gallons and meet one or more of the following harm factors: 
insufficient secondary containment; proximity to fish and wildlife and 
sensitive environments; discharge of oil could shut down a drinking 
water intake; and/or facility experienced a reportable oil discharge of 
10,000 gallons or more in last 5 years; or
     Other factors considered by the Regional Administrator. 
(See 40 CFR 112.20(b)(1) and (f) for further information about the 
criteria for substantial harm.)
    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) Gasoline Stations/Automotive Rental 
and Leasing (NAICS 4471/5321); (4) Heating Oil Dealers (NAICS 3112); 
(5) Transportation, Pipelines, and Marinas (NAICS 482-486/488112-48819/
4883/48849/492/71393); (6) Grain and Oilseed Milling (NAICS 3112); (7) 
Manufacturing (NAICS 31-33); (8) Warehousing and Storage (NAICS 493); 
(9) Crude Petroleum and Natural Gas Extraction (211111); (10) Mining 
and Heavy Construction (NAICS 2121/2123/213114/213116/234); (11) 
Schools (NAICS 6111-6113; (12) Hospitals (622-623); (13) Crop and 
Animal Production (NAICS 111-112); and (14) Other Commercial Facilities 
(miscellaneous).
    Title: Implementation of the Oil Pollution Act Facility Response 
Plan Requirements (40 CFR Part 112) (Renewal).
    ICR numbers: EPA ICR Number 1630.10; OMB Control Number 2050-0135.
    ICR status: This ICR is currently scheduled to expire on March 31, 
2011. 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 authority for EPA's FRP requirements is derived from 
section 311(j)(5) 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 FRP reporting and recordkeeping activities are 
mandatory. This information collection request renewal has not 
substantively changed from the last ICR approval (March 31, 2008).

Purpose of Data Collection

    An FRP 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 through the identification of risks at the 
facility. Although the 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 use the data, which are not generally 
available elsewhere and can greatly assist 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 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 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 an 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 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 and update the plan to reflect changes at 
the facility. 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 
of the planholder to test the effectiveness of the FRP.
    Recordkeeping. Under section 112.20(e), an owner or operator who 
determines that the 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)).
    Number of Regulated Facilities. Since approval of the current ICR 
(March 31, 2008), EPA has continued to maintain an inventory of 
facilities that have prepared and submitted an FRP to EPA. This 
national inventory of FRP facilities is periodically compiled by EPA 
headquarters based on data maintained by each of EPA's ten regional 
offices. The inventory was updated in April 2010 and comprises a total 
of 4,341 plan holders versus an inventory of 4,132 plan holders in the 
prior ICR renewal. Of the 4,341 planholders, 81 are Federal facilities, 
resulting in a universe of 4,260 non-Federal government FRP facilities. 
In the prior ICR renewal, a total of 3,942 non-Federal government FRP 
facilities were included. Since the number of affected facilities has 
not

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changed substantively since the last renewal, EPA is not substantively 
revising the ICR supporting statement at this time, but is accepting 
comment on areas that may need revisions or updating.
    Burden Statement: The average annual reporting and recordkeeping 
burdens for this collection of information on a newly regulated 
facility for which an FRP is not required (i.e., facility where the 
owner or operator certifies that the facility does not meet the 
``substantial harm'' criteria) is estimated to be 0.4 hour per year. 
The average annual reporting and recordkeeping burdens on a newly 
regulated facility for which an FRP is required (i.e., first-year costs 
for plan development) are estimated at 240.1 hours per year. The 
average annual reporting and recordkeeping burdens on a facility for 
which the owner or operator is maintaining an FRP (i.e., subsequent 
year costs for annual plan maintenance) are estimated at 99.7 hours. 
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 supporting statement provides a detailed explanation of the 
Agency's estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 22,574.
    Frequency of response: Less than once per year.
    Estimated total annual burden hours: 432,627 hours.
    Estimated total annual costs: $17,427,828 includes $29,483 
annualized capital costs.

Are There Changes in the Estimates From the Last Approval?

    EPA estimates that there is no substantive change in the total 
estimated respondent burden compared with that identified in the ICR 
currently approved by OMB. This conclusion is based on EPA's current 
inventory of facilities that have submitted and are maintaining an FRP 
as per 40 CFR part 112. EPA has not amended the FRP regulation since 
the last ICR renewal that would affect the per-facility regulatory 
burden. 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: January 19, 2011.
Maryann Petrole,
Acting Director, Office of Emergency Management, U.S. Environmental 
Protection Agency, Office of Solid Waste and Emergency Response.
[FR Doc. 2011-2410 Filed 2-2-11; 8:45 am]
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