[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Notices]
[Pages 37809-37811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16193]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2011-0523; FRL-9425-7]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Continuous Release Reporting Regulations (CRRR) Under 
CERCLA 1980 (Renewal)

AGENCY: Environmental Protection Agency (EPA).

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 December 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 August 29, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2011-0523, 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: Superfund Docket, Environmental Protection Agency, 
Mailcode: [2822T], 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special

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arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2011-0523, 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: Lynn M. Beasley, Regulation and Policy 
Development Division, Office of Emergency Operations (5104A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-1965; 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-SFUND-2011-0523, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Superfund 
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 Superfund 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.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are 
not defined. The usage and release of hazardous substances are 
pervasive throughout industry. EPA expects a number of different 
industrial categories to report hazardous substance releases under the 
provisions of the CRRR. No one industry sector or group of sectors is 
disproportionately affected by the information collection burden.
    Title: Continuous Release Reporting Regulations (CRRR) under CERCLA 
1980 (Renewal).
    ICR numbers: EPA ICR No. 1445.11, OMB Control No. 2050-0086.
    ICR status: This ICR is currently scheduled to expire on December 
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: Section 103(a) of CERCLA, as amended, requires the person 
in charge of a vessel or facility to immediately notify the National 
Response Center (NRC) of a hazardous substance release into the 
environment if the amount of the release equals or exceeds the 
substance's reportable quantity (RQ). The RQ of every hazardous 
substance can be found in Table 302.4 of 40 CFR 302.4.
    Section 103(f)(2) of CERCLA provides facilities relief from this 
per-occurrence notification requirement if the hazardous substance 
release at or above the RQ is continuous and stable in quantity and 
rate. Under the Continuous Release Reporting Requirements (CRRR), to 
report such a release as a continuous release you must make an initial 
telephone call to the NRC, an

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initial written report to the EPA Region, and, if the source and 
chemical composition of the continuous release does not change and the 
level of the continuous release does not significantly increase, a 
follow-up written report to the EPA Region one year after submission of 
the initial written report. If the source or chemical composition of 
the previously reported continuous release changes, notifying the NRC 
and EPA Region of a change in the source or composition of the release 
is required. Further, a significant increase in the level of the 
previously reported continuous release must be reported immediately to 
the NRC according to section 103(a) of CERCLA. Finally, any change in 
information submitted in support of a continuous release notification 
must be reported to the EPA Region.
    The reporting of a hazardous substance release that is equal to or 
above the substance's RQ allows the Federal government to determine 
whether a Federal response action is required to control or mitigate 
any potential adverse effects to public health or welfare or the 
environment. The continuous release of hazardous substance information 
collected under CERCLA section 103(f)(2) is also available to EPA 
program offices and other Federal agencies who use the information to 
evaluate the potential need for additional regulations, new permitting 
requirements for specific substances or sources, or improved emergency 
response planning. State and local government authorities and 
facilities subject to the CRRR use release information for purposes of 
local emergency response planning. Members of the public, who have 
access to release information through the Freedom of Information Act, 
may request release information for purposes of maintaining an 
awareness of what types of releases are occurring in different 
localities and what actions, if any, are being taken to protect public 
health and welfare and the environment. 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 annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 10.2 
hours per response. 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: 3,856.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 8.
    Estimated total annual burden hours: 315,176 hours.
    Estimated total annual costs: $15,456,936. This includes an 
estimated burden cost of $15,310,231and an estimated cost of $146,705 
for capital investment or maintenance and operational costs.
    For this renewal, we are also providing estimates for use of 
Continuous Release Reporting Forms (the Forms). The ICR provides a 
detailed explanation of the Agency's estimate for use of the Forms, 
which is briefly summarized here:
    Estimated total annual burden hours: 315,899 hours.
    Estimated total annual costs: $15,453,810. This includes an 
estimated burden cost of $15,307,105 and an estimated cost of $146,705 
for capital investment or maintenance and operational costs.

Are there changes in the estimates from the last approval?

    There is an increase of 14,458 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This increase reflects EPA's use of data on the actual 
number of continuous release reports from several regions and applying 
a growth rate consistent with prior years reporting. The average annual 
percent increase in facilities in the previous ICR was approximately 
7.5%. The same percent increase was assumed for this ICR. The unit 
burden hours per respondent information collection activity remains the 
same as the previous ICR.

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: June 22, 2011.
Kimberly J. Jennings,
Acting Deputy Director, Office of Emergency Management.
[FR Doc. 2011-16193 Filed 6-27-11; 8:45 am]
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