[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Pages 44768-44769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18194]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2014-0445; FRL-9914-68-OPA]


Proposed Information Collection Request; 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: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Oil Pollution Act 
Facility Response Plans--40 CFR part 112.20'' (EPA ICR No. 1630.12, OMB 
Control No. 2050-0135) to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act 
(PRA). Before doing so, EPA is soliciting public comments on specific 
aspects of the proposed information collection as described below. This 
is a proposed extension of the ICR, which is currently approved through 
October 31, 2014. 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.

DATES: Comments must be submitted on or before September 30, 2014.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPA-
2014-0445 referencing the Docket ID numbers provided for each item in 
the text, online using www.regulations.gov (our preferred method), by 
email to [email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460.
    The EPA's policy is that all comments received will be included in 
the public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

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; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
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. 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. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: The authority for EPA's facility response plan (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 and related appendices. All FRP 
reporting and recordkeeping activities are mandatory. This information 
collection request renewal has not substantively changed from the last 
ICR approval (October 25, 2011). The purpose of an FRP is to help an 
owner or operator identify the

[[Page 44769]]

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 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. The 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.) None of the information collected under the FRP 
rule is believed to be confidential. One of the criteria necessary for 
information to be classified as confidential (40 CFR 2.208) is that a 
business must show that it has previously taken reasonable measures to 
protect the confidentiality of the information and that it intends to 
continue to take such measures. The EPA has provided no assurances of 
confidentiality to facility owners or operators when they file their 
FRPs.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by 
this action are the owner or operator of a facility that is required to 
have a spill prevention, control, and countermeasure (SPCC) plan under 
the Oil Pollution Prevention regulation (40 CFR part 112) and that 
could cause substantial harm to the environment must prepare and submit 
to EPA an FRP. The criteria for a substantial harm facility include: 
(1) The facility transfers oil over water to or from a vessel and has a 
total storage capacity of greater than or equal to 42,000 gallons; or 
(2) the facility's total oil storage capacity is greater than or equal 
to one million gallons and one or more of the following harm factors 
are met: Insufficient secondary containment; proximity to fish and 
wildlife and sensitive environments; a discharge of oil could shut down 
a drinking water intake; the 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.)
    Respondent's obligation to respond: Mandatory under section 
311(j)(5) of the Clean Water Act, as amended by the Oil Pollution Act 
of 1990.
    Estimated number of respondents: 22,966 (total).
    Frequency of response: Less than once per year.
    Total estimated burden: 455,743 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost (with overhead): $17,630,700 (per year), 
includes $14,763 annualized capital or operation & maintenance costs.
    Changes in estimates: The EPA estimates that there is slight 
reduction in the hours of total estimated respondent burden 
(approximate reduction of 7,676 hours) compared with the ICR currently 
approved by OMB. This estimate is based on EPA's current inventory of 
facilities that have submitted and are maintaining an FRP as per 40 CFR 
part 112 versus the projected inventory. The EPA has not amended the 
FRP regulation since the last ICR renewal that would affect the per-
facility burden. The EPA will consider the comments received and amend 
the ICR as appropriate.

    Dated: July 28, 2014.
Lawrence M. Stanton,
Office Director, Office of Emergency Management.
[FR Doc. 2014-18194 Filed 7-31-14; 8:45 am]
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