[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Notices]
[Pages 47948-47950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19671]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2007-0584; FRL-9999-51-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 is planning to submit an 
information collection request (ICR), ``Spill Prevention, Control, and 
Countermeasure (SPCC) Plans'' (EPA ICR No. 0328.18, OMB Control No. 
2050-0021) to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act. 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, 2020. 
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 12, 2019.

[[Page 47949]]


ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPA-
2007-0584, referencing the Docket ID numbers provided for each item in 
the text, 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: Wendy Hoffman, Regulations 
Implementation Division, Office of Emergency Management, Mail Code 
5104A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460; telephone number: 202-564-8794; 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 their SPCC Plan 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 to 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 of an 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 that 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 (section112.7(b)); provide for appropriate 
containment and/or diversionary structures or equipment to prevent a 
discharge (section112.7(c)); provide for Professional Engineer (PE) 
certification or a qualified facility certification (section112.7(d)); 
and conduct inspections and tests and maintain records 
(section112.7(e)).
    Plan Certification. Under section 112.3(d), a SPCC Plan must be 
reviewed and certified by a licensed PE for it to be effective to 
satisfy the requirements except as provided by 40 CFR 112.6, Qualified 
Facilities Plan 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

[[Page 47950]]

about the applicability of the oil pollution prevention regulations.)
    Entities potentially affected by this action are in the following 
industries: Oil and gas extraction, farms, electric utilities, 
petroleum refining and related industries, chemical manufacturing, food 
manufacturing, manufacturing facilities using and storing animal fats 
and vegetable oils, metal manufacturing, real estate rental and 
leasing, retail and wholesale trade, transportation, petroleum bulk 
stations and terminals, fuel oil dealers, hospitals and other health 
care, accommodation and food services, gasoline stations, finance and 
insurance, mining, warehousing and storage, pipelines, and government 
and military installations, among others.
    Respondent's obligation to respond: Mandatory, pursuant to 40 CFR 
112.3(e).
    Estimated number of respondents: 541,000 (total). This figure will 
be updated as needed during the 60-day OMB review period.
    Frequency of response: Facilities must prepare and implement an 
SPCC Plan before beginning operations and review, evaluate and update 
the SPCC Plan every five years. In the event of certain discharges of 
oil into navigable waters, a facility owner or operator must submit 
certain information to the Regional Administrator within 60 days.
    Total estimated burden: 6.2 million hours (per year). This figure 
will be updated as needed during the 60-day OMB review period. Burden 
is defined at 5 CFR 1320.03(b).
    Total estimated cost: $797 million (per year), includes $184 
million annualized capital or operation & maintenance costs. These 
figures will be updated with most recent available wage rates from BLS 
and to account for any changes in O&M costs, burden and number of 
respondents.
    Changes in Estimates: The above burden estimates are based on the 
current approved ICR, OMB Control No. 0328.17. In the final notice for 
the renewal ICR, EPA will publish revised burden estimates based on 
updates to respondent data and unit costs. Any change in burden will be 
described and explained in this section when the updated ICR Supporting 
Statement is completed during the 60-day OMB review period. In this 
notice, the Agency is requesting comments on the burden and costs 
estimated in the current ICR. The Agency is also requesting comments on 
the ICR's characterizations, assumptions, data gaps, etc. that can help 
the Agency develop more refined and accurate burden estimates.

    Dated: August 27, 2019.
Reggie Cheatham,
Director, Office of Emergency Management.
[FR Doc. 2019-19671 Filed 9-10-19; 8:45 am]
 BILLING CODE 6560-50-P