[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65658-65659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27583]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2005-0008; FRL-9987-24-OEI]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Emergency Planning and Release Notification 
Requirements Under Emergency Planning and Community Right-to-Know Act 
Sections 302, 303, and 304 (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an

[[Page 65659]]

information collection request (ICR), Emergency Planning and Release 
Notification Requirements under Emergency Planning and Community Right-
to-Know Act Sections 302, 303, and 304 (EPA ICR Number 1395.10, OMB 
Control Number 2050-0092), to the Office of Management and Budget (OMB) 
for review and approval in accordance with the Paperwork Reduction Act. 
This is a proposed extension of the ICR, which is currently approved 
through December 31, 2018. Public comments were previously requested 
via the Federal Register on July 18, 2018 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 January 22, 2019.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2005-0008, to (1) EPA 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, 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: Wendy Hoffman, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 
564-8794; 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 authority for the emergency planning and emergency 
release notification requirements is sections 302, 303, and 304 of the 
Emergency Planning and Community Right-to-Know Act (EPCRA) 1986 (42 
U.S.C. 11002, 11003, and 11004). EPCRA established broad emergency 
planning and facility reporting requirements. Section 302 requires 
facilities to notify their state emergency response commission (SERC) 
and the local emergency planning committee (LEPC) that the facility is 
subject to emergency planning. This activity was completed soon after 
the law was passed. Only new facilities that may become subject to 
these requirements must notify the SERC and the LEPC. Currently covered 
facilities are required to notify the LEPC of any changes that occur at 
the facility which would be relevant to emergency planning. Section 303 
requires the LEPC to prepare local emergency response plans for their 
planning district using the information provided by facilities under 
section 302. The LEPC may request any information from facilities 
necessary to develop emergency response plans. Emergency response plans 
were developed within a few months after the law was passed. LEPCs are 
required to review and update the plan at least annually or more 
frequently as changes occur in the community. Section 304 requires 
facilities to report to SERCs and LEPCs releases exceeding the 
reportable quantities listed for each extremely hazardous substance 
(EHS) and for each hazardous substance defined under section 101(14) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act. This ICR also covers the notification and the written follow-up 
required under section 304. The implementing regulations are codified 
in 40 CFR part 355.
    Form numbers: None.
    Respondents/affected entities: Entities that have a threshold 
planning quantity of an extremely hazardous substance (EHS) listed in 
40 CFR part 355, Appendix A and those that have a release of any of the 
EHSs or CERCLA hazardous substances above a reportable quantity. 
Entities more likely to be affected by this action may include chemical 
manufacturers, retailers, petroleum refineries, utilities, etc.
    Respondent's obligation to respond: Mandatory under EPCRA sections 
302, 303 and 304.
    Estimated number of respondents: 108,556.
    Frequency of response: EPCRA section 302 reporting is a one-time 
notification unless there are changes to the reported information; 
EPCRA section 304 notification is only when a release of an EHS or 
CERCLA hazardous substance occurs from a facility.
    Total estimated burden: 259,456 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $10,784,934 (per year), including $68,867 
annual operations and maintenance costs. There are no capital costs 
associated with this ICR.
    Changes in estimates: The number of facilities subject to section 
302 is 95,000, which is the same as in the previous ICR. There is an 
increase of 4,500 hours in the total estimated respondent burden 
compared with the ICR currently approved by OMB. This increase is due 
to an adjustment to the estimate, which corrected for a math error in 
the previous ICR renewal.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-27583 Filed 12-20-18; 8:45 am]
 BILLING CODE 6560-50-P