[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Page 15387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07328]



[[Page 15387]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2017-0444; FRL-9976-57-OEI]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Hazardous Substance Handling and Storage 
Procedures and Associated Costs Survey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an 
information collection request (ICR), ``Hazardous Substance Handling 
and Storage Procedures and Associated Costs Survey'' (EPA ICR No. 
2566.01, OMB Control No. 2050-NEW) to the Office of Management and 
Budget (OMB) review and approval in accordance with the Paperwork 
Reduction Act. This is a request for approval of a new collection. 
Public comments were previously requested via the Federal Register 
September 27, 2017 during a 60-day comment period. This notice allows 
for an additional 30 days for public comments. A fuller description of 
the ICR is given below, including its estimated burden and cost to the 
public. 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 May 10, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2017-0444, to (1) EPA 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, and (2) OMB via email to [email protected]. Address 
comments to OMB Desk Officer for EPA.
    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.
    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 
designated a list of hazardous substances under the authority of CWA 
section 311(b)(2)(A). This list is found at 40 CFR part 116. EPA 
concurrently proposed requirements to prevent the discharge of 
designated 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 nondiscretionary 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 sign a proposed regulatory 
action no later than June 16, 2018.
    EPA is developing a regulatory proposal regarding the prevention of 
CWA hazardous substance discharges. 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 
onsite during the preceding year to their respective state, Tribal, 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 the number and type of EPCRA 
Tier II facilities reporting CWA hazardous substances onsite, as well 
as information about historical discharges of CWA hazardous substances, 
ecological and human health impacts of those discharges, and existing 
state and tribal regulatory programs that serve to prevent discharges 
of hazardous substances. This information will assist EPA in estimating 
the universe of facilities nationwide potentially subject to discharge 
prevention regulations for hazardous substances designated at 40 CFR 
part 116. EPA anticipates this information will inform the rulemaking 
process, assisting in the identification of potentially 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.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 490.
    Frequency of response: Once.
    Total estimated annual burden: 42,630 hours. Burden is defined at 5 
CFR 1320.03(b).
    Total estimated annual cost: $899,150.00, includes $0 annualized 
capital or operation & maintenance costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-07328 Filed 4-9-18; 8:45 am]
 BILLING CODE 6560-50-P