[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44178-44180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20170]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2017-0444; FRL-9967-75-OLEM]


Proposed Information Collection Request; Comment Request; Survey 
on Clean Water Act Hazardous Substances and Spill Impacts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), ``Survey on Clean Water Act 
Hazardous Substances and Spill Impacts'' (EPA ICR

[[Page 44179]]

No. 2566.01, OMB Control No. 2050-New) 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 request for 
approval of a new collection. 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 November 20, 2017.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2017-0444 online using www.regulations.gov (our preferred method), 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: Joe Beaman, OLEM/OEM/RID, (5104A), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: 202-566-0420; 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 Paperwork Reduction Act, 
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 Clean Water Act (CWA) directs the President to issue 
regulations ``establishing procedures, methods, and equipment and other 
requirements for equipment to prevent discharges of oil and hazardous 
substances from . . . onshore facilities and offshore facilities, and 
to contain such discharges'' (33 U.S.C. 1321(j)(1)(C)).
    In 1978, EPA promulgated a list of hazardous substances under CWA 
section 311(b)(2)(A). This list is found at 40 CFR part 116. EPA 
concurrently proposed requirements to prevent the discharge of listed 
hazardous substances from facilities subject to permitting requirements 
under the National Pollutant Discharge Elimination System (NPDES) of 
the CWA (43 FR 39276); the proposed regulations were never finalized.
    On July, 21, 2015, several parties filed a lawsuit against EPA for 
unreasonable delay/failure to perform a non-discretionary duty to 
establish regulations for hazardous substances under CWA section 
311(j)(1)(C). According to a settlement agreement reached in that case 
and filed with the United States District Court, Southern District of 
New York, on February 16, 2016, EPA is to issue a proposed regulatory 
action no later than June 2018. This action date factors in a 10-month 
extension for the conduct of an ICR.
    EPA is developing a regulatory proposal regarding the spill 
prevention of hazardous substances. However, EPA does not directly 
receive reports on specific types and amounts of hazardous substances 
stored and used at facilities across the country. Much of that 
information is collected under the Emergency Planning and Community 
Right-to-Know Act (42 U.S. Code Chapter 116; EPCRA) which requires Tier 
II facilities to report the maximum and average daily amounts of 
hazardous chemicals on-site during the preceding year to their 
respective state or territorial authority. Therefore, the Agency has 
developed a short voluntary survey to be sent to states, tribes and 
territories of the United States requesting information on their number 
and type of EPCRA Tier II facilities with CWA hazardous substances 
onsite, historical discharges of CWA hazardous substances, the 
ecological and human health impacts of those discharges, and existing 
state and tribal programs that address spill prevention of hazardous 
substances.
    This information will assist EPA in determining the universe of 
facilities nationwide that could potentially be subject to spill 
prevention regulations for hazardous substances listed at 40 CFR part 
116. We anticipate this information will inform the rulemaking process, 
assisting in the identification of affected entities, evaluation of 
potential regulatory approaches, and estimating economic impacts.
    Form numbers: None.
    Respondents/affected entities: Respondents to this voluntary ICR 
are state, territorial, and tribal government agencies with Emergency 
Response Commission duties (e.g., State Emergency Response Commission 
[SERCs], Tribal Emergency Response Commissions [TERCs]), as well as 
sister agencies within the respective jurisdictions that may have 
additional information. The state SERC staff identified by EPA Regional 
liaisons will be the agency's primary point of contact (POC). EPA will 
assist state POCs in identifying other state and tribal agencies that 
may have data that would assist in responding to this survey. Examples 
of other agencies that may assist in responding to this ICR include:

Department of Natural Resources--e.g., fish kill investigations
Department of Environmental Quality--e.g., drinking water alerts, fish 
kill investigations
Department of Environmental Health--e.g., human health impacts; 
drinking water shutdowns

    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: Approximately 52 (total).
    Frequency of response: Once.
    Total estimated burden: 82 hours/respondent, 4284 hours total. 
Burden is defined at 5 CFR 1320.03(b).
    Total estimated cost: $1,784.00/respondent, $92,762.00 total, 
includes $0 annualized capital or operation & maintenance costs.


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    Dated: September 6, 2017.
Reggie Cheatham,
Director, Office of Emergency Management.
[FR Doc. 2017-20170 Filed 9-20-17; 8:45 am]
 BILLING CODE 6560-50-P