[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46242-46243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17740]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2005-0008; FRL-8827-01-OLEM]


Proposed Information Collection Request; Comment Request: 
Emergency Planning and Release Notification Requirements (EPCRA 
Sections 302, 303, and 304), EPA ICR Number 1395.11, OMB Control Number 
2050-0092

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), ``Emergency Planning and Release 
Notification Requirements,'' (EPA ICR No. 1395.11, OMB Control No. 
2050-0092) 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 in SUPPLEMENTARY 
INFORMATION. This is a proposed extension of the ICR, which is 
currently approved through April 30, 2022. 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 October 18, 2021.

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 EPA will be collecting are available in the public 
docket for this ICR. The docket can be viewed online at http://www.regulations.gov. Out of an abundance of caution for members of the 
public and our staff, the EPA Docket Center and Reading Room is closed 
to the public, with limited exceptions, to reduce the risk of 
transmitting COVID-19. Our Docket Center staff will continue to provide 
remote customer service via email, phone, and webform. For further 
information about the EPA's public docket, Docket Center services and 
the current status, please visit us online at https://www.epa.gov/dockets. The telephone number for the Docket Center is 202-566-1744.
    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 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) of 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) 
or Tribal Emergency Response Commission (TERC), Local Emergency 
Planning Committee (LEPC) or Tribal Emergency Planning Committee (TEPC) 
with jurisdiction over their facility, of the presence of a threshold 
planning quantity of a listed extremely hazardous substance (EHS) at 
the facility. This activity was completed by existing facilities soon 
after the law was passed. Only new facilities that may become subject 
to these requirements must notify the SERC (or TERC) and the LEPC (or 
TEPC). Currently covered facilities are required to notify the LEPC (or 
TEPC) of any changes that occur at the facility which would be relevant 
to emergency planning. Section 303 requires the LEPC (or TEPC) to 
prepare local emergency response plans for their planning district 
using the information provided by facilities under Section 302. An LEPC 
(or TEPC) may request any information from facilities necessary to 
develop emergency response plans. Initial emergency response plans were 
developed within a few months after the law was passed. LEPCs (or 
TEPCs) 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 (or TERCs) and LEPCs (or TEPCs) releases 
in excess of the reportable quantities listed for each EHS. 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 potentially affected by 
this action are those which have a threshold planning quantity of an 
EHS listed in 40 CFR part 355, Appendix A and those which have a 
release of any of the EHSs 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 (Sections 302, 303 
and 304 of EPCRA).
    Estimated number of respondents: 108,556. This figure includes 
3,556 LEPCs (or TEPCs) and SERCs (or TERCs) and will be updated, as 
needed, during the 60-day OMB review period.
    Frequency of response: EPCRA section 302 reporting is a one-time

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notification unless there are changes to the reported information; 
EPCRA section 304 notification happens only when a release occurs from 
a facility.
    Total estimated burden: 222,856 hours (per year) (includes LEPCs 
(or TEPCs) and SERCs (or TERCs)). This figure will be updated to 
account for any changes in O&M costs, burden and number of respondents 
during the 60-day OMB review period. Burden is defined at 5 CFR 
1320.03(b).
    Total estimated cost: $11.67 million (per year), including $8,470 
annual operations and maintenance (O&M) costs. This figure will be 
updated to account for any changes in O&M costs, burden and number of 
respondents during the 60-day OMB review period. 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. The reduction 
in burden of approximately 25 percent (36,600 hours annually) for 
activities related to section 304 reporting requirements for facilities 
is attributable to a decrease in the number of release notifications 
reported to the National Response Center for the previous three years, 
which EPA assumes will apply to the three years of this ICR renewal. In 
addition, EPA corrected a few minor calculation errors. Changes in 
estimated costs are attributable to updated wage rates and a reduction 
in estimated O&M costs. Any additional change in burden or cost 
resulting from the 60-day OMB review period will be described and 
explained in this section when the updated ICR Supporting Statement is 
completed.

Donna Salyer,
Director, Office of Emergency Management.
[FR Doc. 2021-17740 Filed 8-17-21; 8:45 am]
BILLING CODE 6560-50-P