[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1625-1627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00538]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2007-0584; FRL-9941-25-OLEM]


Proposed Information Collection Request; Comment Request; Oil 
Pollution Prevention; Spill Prevention, Control, and Countermeasure 
(SPCC) Plans

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), ``Spill Prevention, 
Control, and Countermeasure (SPCC) Plans'' (EPA ICR No. 0328.17, OMB 
Control No. 2050-0021) to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.). 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 May 31, 2016. 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 March 14, 2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPA-
2007-0584, online using

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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.
    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: Alan Tarrab, Regulations 
Implementation Division, Office of Emergency Management, Mail Code 
5104A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: 202-564-0206 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 oil pollution prevention 
requirements is derived from section 311(j)(1)(C) of the Clean Water 
Act, as amended by the Oil Pollution Act of 1990. EPA's regulation is 
codified at 40 CFR part 112. An SPCC Plan will help an owner or 
operator identify the necessary procedures, equipment, and resources to 
prevent an oil spill and to respond to an oil spill in a timely manner. 
If implemented effectively, the SPCC Plan is expected to prevent oil 
spills and reduce the impact and severity of oil spills. Although the 
owner or operator is the primary data user, EPA may also require the 
owner or operator to submit data to the Agency in certain situations to 
ensure facilities comply with the SPCC regulation and to help allocate 
response resources. State and local governments may use the data, which 
are not generally available elsewhere and can assist local emergency 
preparedness planning efforts. EPA does not require an owner or 
operator to submit SPCC Plans, but may request the SPCC Plan during a 
facility inspection or an oil spill incident for review. The SPCC 
regulation requires the owner or operator maintain a complete copy of 
the Plan at the facility if the facility is normally attended at least 
four hours per day or at the nearest field office if the facility is 
not so attended. The rule also requires that the Plan be available to 
the Regional Administrator for on-site review during normal working 
hours (40 CFR 112.3(e)).
    SPCC Plan Preparation. Under section 112.3(a) or (b), the owner or 
operator or onshore or offshore facility subject to this section must 
prepare in writing and implement an SPCC Plan in accordance with 
section 112.7 and any other applicable sections in the regulation. 
Section 112.7 requires that the Plan be prepared in accordance with 
good engineering practices. The section also requires the Plan have the 
full approval of management at a level of authority to commit the 
necessary resources to fully implement the Plan. Specific provisions in 
this section, among others, require the owner or operator to predict 
the direction, rate of flow, and total quantity of oil which could be 
discharged from the facility as result of each type of major equipment 
failure (section 112.7(b)); provide for appropriate containment and/or 
diversionary structures or equipment to prevent a discharge (section 
112.7(c)); provide for PE certification or a qualified facility 
certification (section 112.7(d)); and conduct inspections and tests and 
maintain records (section 112.7(e)).
    Plan Certification. Under section 112.3(d), a SPCC Plan must, 
except as provided by 40 CFR 112.6, Qualified Facilities Plan 
Requirements, be reviewed and certified by a licensed Professional 
Engineer (PE) for it to be effective to satisfy the requirements. Under 
section 112.6, the owner or operator of a qualified facility may self-
certify the Plan if the facility meets the eligibility criteria in 
section 112.3(g).
    SPCC Plan Maintenance. Under section 112.5, the owner or operator 
must complete a review and evaluation of the SPCC Plan at least once 
every five years. As a result of this review and evaluation, the owner 
or operator must amend the Plan within six months of the review to 
include more effective prevention and control technology if the 
technology has been field-proven at the time of the review and will 
significantly reduce the likelihood of a discharge of oil.
    Recordkeeping. Under section 112.7(e), an owner or operator must 
conduct inspections and tests and maintain records. The inspections and 
tests must be conducted in accordance with written procedures the 
facility or the certifying engineer developed for the facility. The 
written procedures and a record of the inspections and tests must be 
signed by the appropriate supervisor or inspector and kept with the 
SPCC Plan for a period of three years. Records of inspections and tests 
may be kept under usual and customary business practices.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by 
this action are the owners or operators 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). The 
applicability, definitions, and general requirements for all facilities 
and all types of oil are located in section 112.1 of the regulations 
and apply to any owner or operator of a non-transportation-related 
onshore or offshore facility engaged in drilling, producing, gathering, 
storing, processing, refining, transferring, distributing, using or 
consuming oil and oil products, which due to its location, could 
reasonably be expected to discharge oil into navigable waters or 
adjoining shorelines in quantities that may be harmful. (See 40 CFR 
112.1(a) through (d) for further information about the applicability of 
the oil pollution prevention regulations.)
    The private industry sectors subject to this action include but are 
not limited

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to: (1) Oil and Gas Extraction (NAICS 211); (2) Farms (NAICS 111, 112); 
(3) Electric Utility Plants (NAICS 2211); (4) Petroleum Refining and 
Related Industries (NAICS 324); (5) Chemical Manufacturing (NAICS 325); 
(6) Food Manufacturing (NAICS 311, 312); (7) Manufacturing Facilities 
Using and Storing Animal Fats and Vegetable Oils (NAICS 311, 325); (8) 
Metal Manufacturing (NAICS 331, 332); (9) Other Manufacturing (NAICS 
31-33); (10) Real Estate Rental and Leasing (NAICS 531, 533); (11) 
Retail Trade (NAICS 441-446, 448,451-454); (12) Contract Construction 
(NAICS 23); (13) Wholesale Trade (NAICS 42); (14) Other Commercial 
(NAICS 492, 541, 551, 561-562); (15) Transportation (NAICS 481-488); 
(16) Arts, Entertainment, and Recreation (NAICS 711-713); (17) Other 
Services (Except Public Administration) (NAICS 811-813); (18) Education 
(NAICS 611); (19) Petroleum Bulk Stations and Terminals (NAICS 4247); 
(19) Fuel Oil Dealers (NAICS 45431); (20) Hospitals & Other Health Care 
(NAICS 621-624); (21) Accommodation and Food Services (NAICS 721,722); 
(22) Fuel Oil Dealers (NAICS 45431); (23) Gasoline Stations (NAICS 
4471); (24) Information Finance and Insurance (NAICS 51, 52); (25) 
Mining (NAICS 212, 213); (26) Warehousing and Storage (NAICS 493); (27) 
Pipelines (NAICS 4861, 48691); (28) Government (NAICS 92); (29) 
Military Installations (NAICS 928110); and (30) Religious Organizations 
(NAICS 813110).
    Respondent's obligation to respond: Mandatory, pursuant to 40 CFR 
112.3(e).
    Estimated number of respondents: 683,000 (total).
    Frequency of response: Less than once per year.
    Total estimated burden: 9,200,000 hours (per year). Burden is 
defined at 5 CFR 1320.03(b).
    Total estimated cost: $1,034,000,000 (per year), includes 
$198,100,000 annualized capital or operation & maintenance costs.
    Changes in Estimates: The number of respondents, burden, and costs 
stated above are from the current approved ICR, 0328.16. EPA may adjust 
these estimates based on public comments received or other information 
gained by the Agency prior to submitting the ICR renewal package to 
OMB.

    Dated: December 23, 2105.
Reggie Cheatham,
Director, Office of Emergency Management.
[FR Doc. 2016-00538 Filed 1-12-16; 8:45 am]
 BILLING CODE 6560-50-P