Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Implementation of the Oil Pollution Act Facility Response Plan Requirements (Renewal); EPA ICR No. 1630.09, OMB Control No. 2050-0135, 65569-65571 [E7-22756]

Download as PDF pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 72, No. 224 / Wednesday, November 21, 2007 / Notices 4. PART II: STRENGTHENING GLOBAL OIL EMERGENCY RESPONSE CAPABILITIES • Evolution of the IEA emergency response. • Assessing a supply disruption from a market perspective. • Sharing information in an emergency. 5. INTERACTING WITH CHINA AND INDIA. 6. Any other business and tentative dates of forthcoming SEQ/SOM sessions. The agenda of the SEQ meeting on December 4, 2007 is under the control of the SEQ. It is expected that the SEQ will adopt the following agenda: 1. Adoption of the Agenda. 2. Approval of the Summary Record of the 120th Meeting. 3. Status of Compliance with IEP Stockholding Commitments. 4. Program of Work. —The SEQ Program of Work for 2008. 5. Emergency Response Exercise 4. —Report on Exercise in Capitals. —Schedule for remainder of ERE4. 6. Report on Current Activities of the IAB. 7. Policy and Other Developments in Member Countries. —Japan. —Turkey. —Poland. —Slovak Republic. 8. Other Emergency Response Activities. —Presentation of IEA publication ‘‘Oil Supply Security: Emergency Response of IEA Countries 2007’’. 9. Activities with International Organizations and Non-Member Countries. —European Commission. —Office of Global Dialogue activities. —Report on ASEAN workshop on oil stockholding. —Report on development of oil security measures and strategic stockholding in China and India. 10. Documents for Information. —Emergency Reserve Situation of IEA Member Countries on July 1, 2007. —Emergency Reserve Situation of IEA Candidate Countries on July 1, 2007. —Base Period Final Consumption: 3Q 2006–2Q 2007. —Monthly Oil Statistics: August 2007. —Update of Emergency Contacts List. —Nominations for the Settlement Dispute Centre Panel of Arbitrators. 11. Other Business. —Tentative dates of Next SEQ Meetings. —March 17–20, 2008. —June 24–26, 2008. VerDate Aug<31>2005 16:56 Nov 20, 2007 Jkt 214001 The agenda of the ERE4 Design Group meeting on December 5, 2007, starting at 9:30 a.m. is to discuss planning for ERE4. As provided in section 252(c)(1)(A)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6272(c)(1)(A)(ii)), the meetings of the IAB are open to representatives of members of the IAB and their counsel; representatives of members of the IEA’s Standing Group on Emergency Questions and the IEA’s Standing Group on the Oil Markets; representatives of the Departments of Energy, Justice, and State, the Federal Trade Commission, the General Accounting Office, Committees of Congress, the IEA, and the European Commission; and invitees of the IAB, the SEQ, the SOM, or the IEA. Issued in Washington, DC, November 19, 2007. Diana D. Clark, Assistant General Counsel for International and National Security Programs. [FR Doc. E7–22764 Filed 11–20–07; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–SFUND–2007–0559, FRL–8498–3] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Implementation of the Oil Pollution Act Facility Response Plan Requirements (Renewal); EPA ICR No. 1630.09, OMB Control No. 2050–0135 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before December 21, 2007. Submit your comments, referencing Docket ID No. EPA–HQ– SFUND–2007–0559, to (1) EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center (EPA/DC), Superfund Docket (Mailcode 2822T), 1200 ADDRESSES: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 65569 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Lori Lee, Office of Solid Waste and Emergency Response, Office of Emergency Management, (Mail Code: 5104A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202–564–8006; fax number: 202–564–2501; e-mail address: lee.lori@epa.gov. SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 18, 2007 (72 FR 39406), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA– HQ–SFUND–2007–0559, which is available for online viewing at www.regulations.gov, or in person viewing at the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/ DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202–566–1744, and the telephone number for the Superfund Docket is 202–566–0276. Use EPA’s electronic docket and comment system at www.regulations.gov, to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select ‘‘docket search,’’ then key in the docket ID number identified above. Please note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at www.regulations.gov as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to http://www.regulations.gov. Title: Implementation of the Oil Pollution Act Facility Response Plan Requirements (Renewal). E:\FR\FM\21NON1.SGM 21NON1 65570 Federal Register / Vol. 72, No. 224 / Wednesday, November 21, 2007 / Notices pwalker on PROD1PC71 with NOTICES ICR Numbers: EPA ICR No. 1630.09, OMB Control No. 2050–0135. ICR Status: This ICR is scheduled to expire on November 30, 2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. 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. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: The authority for EPA’s facility response plan (FRP) requirements is derived from section 311 of the Clean Water Act, as amended by the Oil Pollution Act of 1990. EPA’s FRP regulation is codified at 40 CFR 112.20 and 112.21. All FRP-related reporting and recordkeeping activities are mandatory. No amendments were made to the FRP regulation since submission of the current ICR approval (November 30, 2004). While EPA recently finalized amendments to the SPCC rule (71 FR 77266 (December 26, 2006) and 72 FR 27443 (May 16, 2007)), these amendments are not expected to impact the number of facilities subject to FRP requirements, nor are they expected to substantively affect the burden of complying with FRP requirement. Purpose of Data Collection A facility-specific response plan will help an owner or operator identify the necessary resources to respond to an oil spill in a timely manner. If implemented effectively, the FRP will reduce the impact and severity of oil spills and may prevent spills because of the identification of risks at the facility. Although the facility owner or operator is the primary data user, EPA also uses the data in certain situations to ensure that facilities comply with the regulation and to help allocate response resources. State and local governments may also use the data to assist in local emergency preparedness planning efforts. EPA reviews all submitted FRPs and must approve FRPs for those facilities whose discharges may cause ‘‘significant and substantial harm’’ to the environment. EPA approval is VerDate Aug<31>2005 16:56 Nov 20, 2007 Jkt 214001 needed in order to ensure that facilities believed to pose the highest risk have planned for adequate resources and procedures to respond to a spill. (See 40 CFR 112.20(f)(3) for further information about the criteria for ‘‘significant and substantial harm.’’) Response Plan Certification. Under § 112.20(e), the owner or operator of a facility subject to SPCC requirements in 40 CFR part 112 but that does not meet the ‘‘substantial harm’’ criteria in § 112.20(f)(1) must complete and maintain at the facility the certification form contained in Appendix C to part 112. Response Plan Preparation. Under § 112.20(a) or (b), the owner or operator of a facility that meets the ‘‘substantial harm’’ criteria in § 112.20(f)(1) must prepare and submit to the EPA Regional Administrator an FRP following § 112.20(h). Such a facility may be a newly constructed facility or may be an existing facility that meets paragraph (f)(1) as a result of a planned change (paragraph (a)(2)(iii)) or an unplanned change (paragraph (a)(2)(iv)) in facility characteristics. Under paragraph (c), the owner or operator may be required to amend the FRP. Response Plan Maintenance. Under § 112.20(g), the owner or operator must periodically review the FRP to ensure consistency with the National Oil and Hazardous Substances Pollution Contingency Plan and Area Contingency Plans. Under § 112.20(d), the facility owner or operator must revise and resubmit revised portions of the FRP after material changes at the facility. FRP changes that do not result in a material change in response capabilities shall be provided to the Regional Administrator as they occur. Training and periodic drills and exercises are required to test the effectiveness of the FRP and are required under § 112.21. Recordkeeping. Under § 112.20(e), an owner or operator who determines that the FRP requirements do not apply must certify and retain a record of this determination. An owner or operator who is subject to the requirements must keep the FRP at the facility (§ 112.20(a)), keep updates to the FRP (§ 112.20(d)(1) and (2)), and log activities such as discharge prevention meetings, response training, and drills and exercises (§ 112.20(h)(8)(iv)). Burden Statement. The average annual reporting and recordkeeping burdens for this collection of information to a newly regulated facility for which an FRP is not required (i.e., facility where the owner or operator certifies that the facility does not meet the ‘‘substantial harm’’ criteria) are estimated at 0.4 hours per year. The PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 average annual reporting and recordkeeping burdens to a newly regulated facility for which an FRP is required (i.e., first-year costs for plan development) are estimated at 99.7 hours per year. The average annual reporting and recordkeeping burdens to a facility for which the owner or operator is maintaining an FRP (i.e., subsequent year costs for annual plan maintenance) are estimated at 240.1 hours. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/Affected Entities: Entities potentially affected by this action are a subset 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). Estimated Number of Respondents: 22,574. Frequency of Response: Less than once a year. Estimated Total Annual Hour Burden: 432,627. Estimated Total Annual Cost: $17,427,828 includes $29,483 annualized capital costs. Changes in the Estimates: There is a decrease of 202,367 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease reflects EPA’s current inventory of facilities that have submitted and are maintaining an FRP as per 40 CFR part 112. While there have been no changes in the regulation that affected the per-facility regulatory burden, the number of facilities currently subject to FRP requirements is lower than had been estimated for the current ICR, resulting in a lower aggregate burden. E:\FR\FM\21NON1.SGM 21NON1 Federal Register / Vol. 72, No. 224 / Wednesday, November 21, 2007 / Notices Dated: November 14, 2007. Richard T. Westlund, Acting Director, Collection Strategies Division. [FR Doc. E7–22756 Filed 11–20–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8498–4] State Innovation Grant Program, Notice of Availability of Solicitation for Proposals for 2008 Awards Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: The U.S. Environmental Protection Agency, National Center for Environmental Innovation (NCEI) is giving notice of the availability of its solicitation for proposals for the 2008 grant program to support innovation by state environmental regulatory agencies—the ‘‘State Innovation Grant Program.’’ The solicitation is available at the Agency’s State Innovation Grant Web site: http://www.epa.gov/innovation/ stategrants/solicitation2008.pdf, or may be requested from the Agency by e-mail to: innovation_state_grants@epa.gov, telephone, or by mail. Only the principal environmental regulatory agency within each State (generally, where delegated authorities for Federal environmental regulations exist) is eligible to receive these grants. DATES: State environmental regulatory agencies will have until January 3, 2008 to respond with a pre-proposal, budget, and project summary. The environmental regulatory agencies from the fifty (50) States; Washington, DC, and four (4) territories were notified of the solicitation’s availability by fax and email transmittals on November 15, 2007. Copies of the solicitation can be downloaded from the Agency’s Web site at: http://www.epa.gov/ innovation/stategrants or may be requested by telephone (202–566–2186), or by e-mail (Innovation_State_Grants@epa.gov). You can request a solicitation application package be sent to you by fax or by mail by contacting NCEI as indicated below. Applicants are requested to apply online using the Grants.gov Web site with an electronic signature. Applicants are encouraged to submit their preproposals early. For those applicants who lack the technical capability to pwalker on PROD1PC71 with NOTICES ADDRESSES: VerDate Aug<31>2005 16:56 Nov 20, 2007 Jkt 214001 apply electronically via Grants.gov, please contact Sherri Walker by phone at: (202) 566–2186 and/or by e-mail to: innovation_state_grants@epa.gov for alternative submission procedures. Proposals submitted in response to this solicitation, or questions concerning the solicitation should be sent to: State Innovation Grants Program, National Center for Environmental Innovation, Office of the Administrator, U.S. Environmental Protection Agency (MC 1807T), 1200 Pennsylvania Ave., NW., Washington, DC 20460, (202) 566–2186, (202) 566–2220 FAX, Innovation_State_Grants@epa.gov. For courier delivery only: Sherri Walker, State Innovation Grants Program, U.S. EPA, EPA West Building, Room 4214D, 1301 Constitution Ave., NW., Washington, DC 20005. Proposal responses or questions may also be sent by fax to (202–566–2220), addressed to the ‘‘State Innovation Grant Program,’’or by e-mail to: Innovation_State_Grants@epa.gov. We encourage e-mail responses. If you have questions about responding to this notice, please contact EPA at this e-mail address or fax number, or you may call Sherri Walker at 202–566–2186. EPA will acknowledge all responses it receives to this notice. The U.S. Environmental Protection Agency (EPA) is soliciting pre-proposals for an assistance agreement program (the ‘‘State Innovation Grant Program’’) in an effort to support innovation by State environmental regulatory agencies. In April 2002, EPA issued its plan for future innovation efforts, published as Innovating for Better Environmental Result: A Strategy to Guide the Next Generation of Innovation at EPA (EPA 100–R–02–002; http://www.epa.gov/ innovation/pdf/strategy.pdf). This assistance agreement program strengthens EPA’s partnership with the States by supporting state innovation compatible with EPA’s Innovation Strategy. EPA wants to encourage states to build on previous experience (theirs and others) to undertake strategic innovation projects that promote largerscale models for ‘‘next generation’’ environmental protection and promise better environmental outcomes and other beneficial results. EPA is interested in funding projects that: (i) Go beyond a single facility experiment and provide change that is ‘‘systemsoriented;’’ (ii) provide better results from a program, process, or sector-wide innovation; and (iii) promote integrated (multi-media) environmental management with a high potential for SUPPLEMENTARY INFORMATION: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 65571 transfer to other states, U.S. territories, and tribes. ‘‘Innovation in Permitting’’ is again the theme for the 2008 solicitation. Under this theme, EPA is interested in pre-proposals that: (a) Support the development of state Environmental Results Programs (ERPs); (b) Implement National Environmental Performance Track (PT) or similar performance-based environmental leadership programs by states, particularly including the development and implementation of incentives; or (c) Involve the application of Environmental Management Systems (EMS), including those that explore the relationship of EMS to permitting, or otherwise support integrated or multimedia strategies. EPA continues to interpret ‘‘innovation in permitting’’ broadly to include permitting programs, pesticide licensing programs, and other alternatives or supplements to permitting programs. EPA is interested in creative approaches for both: (1) Achieving mandatory federal and state standards; and (2) encouraging performance and addressing environmental issues above and beyond minimum requirements. EPA’s focus on a small number of topics within this general subject area effectively concentrates the limited resources available for greater strategic impact. EPA may contemplate a very limited number of projects not linked to these focus areas, but otherwise related to the general theme of innovation in permitting, in particular as they address EPA regional and state environmental permitting priorities. This solicitation begins the sixth State Innovation Grant competition. Of the 35 projects that have been awarded in the prior rounds seventeen (17) were provided for development of environmental results programs, eight (8) were to enhance performance-based environmental leadership programs, eight (8) were related to environmental management systems and permitting, two (2) were for watershed-based permitting, and one (1) was for an information technology innovation for the application of geographic information systems (GIS) and a webbased portal to a permitting process. For information on prior State Innovation Grant Program solicitations and awards, please see the EPA State Innovation Grants Web site at http://www.epa.gov/ innovation/stategrants. E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 72, Number 224 (Wednesday, November 21, 2007)]
[Notices]
[Pages 65569-65571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2007-0559, FRL-8498-3]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Implementation of the Oil 
Pollution Act Facility Response Plan Requirements (Renewal); EPA ICR 
No. 1630.09, OMB Control No. 2050-0135

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before December 21, 
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2007-0559, to (1) EPA online using http://www.regulations.gov 
(our preferred method) or by mail to: EPA Docket Center (EPA/DC), 
Superfund Docket (Mailcode 2822T), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, and (2) OMB by mail to: Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attention: 
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Lori Lee, Office of Solid Waste and 
Emergency Response, Office of Emergency Management, (Mail Code: 5104A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-564-8006; fax number: 202-
564-2501; e-mail address: lee.lori@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On July 18, 2007 (72 FR 39406), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-SFUND-2007-0559, which is available for online viewing at 
www.regulations.gov, or in person viewing at the Superfund Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is 202-566-1744, 
and the telephone number for the Superfund Docket is 202-566-0276.
    Use EPA's electronic docket and comment system at 
www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at www.regulations.gov as EPA receives 
them and without change, unless the comment contains copyrighted 
material, Confidential Business Information (CBI), or other information 
whose public disclosure is restricted by statute. For further 
information about the electronic docket, go to http://
www.regulations.gov.
    Title: Implementation of the Oil Pollution Act Facility Response 
Plan Requirements (Renewal).

[[Page 65570]]

    ICR Numbers: EPA ICR No. 1630.09, OMB Control No. 2050-0135.
    ICR Status: This ICR is scheduled to expire on November 30, 2007. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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. The OMB control numbers for EPA's regulations 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: The authority for EPA's facility response plan (FRP) 
requirements is derived from section 311 of the Clean Water Act, as 
amended by the Oil Pollution Act of 1990. EPA's FRP regulation is 
codified at 40 CFR 112.20 and 112.21. All FRP-related reporting and 
recordkeeping activities are mandatory. No amendments were made to the 
FRP regulation since submission of the current ICR approval (November 
30, 2004). While EPA recently finalized amendments to the SPCC rule (71 
FR 77266 (December 26, 2006) and 72 FR 27443 (May 16, 2007)), these 
amendments are not expected to impact the number of facilities subject 
to FRP requirements, nor are they expected to substantively affect the 
burden of complying with FRP requirement.

Purpose of Data Collection

    A facility-specific response plan will help an owner or operator 
identify the necessary resources to respond to an oil spill in a timely 
manner. If implemented effectively, the FRP will reduce the impact and 
severity of oil spills and may prevent spills because of the 
identification of risks at the facility. Although the facility owner or 
operator is the primary data user, EPA also uses the data in certain 
situations to ensure that facilities comply with the regulation and to 
help allocate response resources. State and local governments may also 
use the data to assist in local emergency preparedness planning 
efforts.
    EPA reviews all submitted FRPs and must approve FRPs for those 
facilities whose discharges may cause ``significant and substantial 
harm'' to the environment. EPA approval is needed in order to ensure 
that facilities believed to pose the highest risk have planned for 
adequate resources and procedures to respond to a spill. (See 40 CFR 
112.20(f)(3) for further information about the criteria for 
``significant and substantial harm.'')
    Response Plan Certification. Under Sec.  112.20(e), the owner or 
operator of a facility subject to SPCC requirements in 40 CFR part 112 
but that does not meet the ``substantial harm'' criteria in Sec.  
112.20(f)(1) must complete and maintain at the facility the 
certification form contained in Appendix C to part 112.
    Response Plan Preparation. Under Sec.  112.20(a) or (b), the owner 
or operator of a facility that meets the ``substantial harm'' criteria 
in Sec.  112.20(f)(1) must prepare and submit to the EPA Regional 
Administrator an FRP following Sec.  112.20(h). Such a facility may be 
a newly constructed facility or may be an existing facility that meets 
paragraph (f)(1) as a result of a planned change (paragraph 
(a)(2)(iii)) or an unplanned change (paragraph (a)(2)(iv)) in facility 
characteristics. Under paragraph (c), the owner or operator may be 
required to amend the FRP.
    Response Plan Maintenance. Under Sec.  112.20(g), the owner or 
operator must periodically review the FRP to ensure consistency with 
the National Oil and Hazardous Substances Pollution Contingency Plan 
and Area Contingency Plans. Under Sec.  112.20(d), the facility owner 
or operator must revise and resubmit revised portions of the FRP after 
material changes at the facility. FRP changes that do not result in a 
material change in response capabilities shall be provided to the 
Regional Administrator as they occur. Training and periodic drills and 
exercises are required to test the effectiveness of the FRP and are 
required under Sec.  112.21.
    Recordkeeping. Under Sec.  112.20(e), an owner or operator who 
determines that the FRP requirements do not apply must certify and 
retain a record of this determination. An owner or operator who is 
subject to the requirements must keep the FRP at the facility (Sec.  
112.20(a)), keep updates to the FRP (Sec.  112.20(d)(1) and (2)), and 
log activities such as discharge prevention meetings, response 
training, and drills and exercises (Sec.  112.20(h)(8)(iv)).
    Burden Statement. The average annual reporting and recordkeeping 
burdens for this collection of information to a newly regulated 
facility for which an FRP is not required (i.e., facility where the 
owner or operator certifies that the facility does not meet the 
``substantial harm'' criteria) are estimated at 0.4 hours per year. The 
average annual reporting and recordkeeping burdens to a newly regulated 
facility for which an FRP is required (i.e., first-year costs for plan 
development) are estimated at 99.7 hours per year. The average annual 
reporting and recordkeeping burdens to a facility for which the owner 
or operator is maintaining an FRP (i.e., subsequent year costs for 
annual plan maintenance) are estimated at 240.1 hours. Burden means the 
total time, effort, or financial resources expended by persons to 
generate, maintain, retain, or disclose or provide information to or 
for a Federal agency. This includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements which have 
subsequently changed; train personnel to be able to respond to a 
collection of information; search data sources; complete and review the 
collection of information; and transmit or otherwise disclose the 
information.
    Respondents/Affected Entities: Entities potentially affected by 
this action are a subset 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).
    Estimated Number of Respondents: 22,574.
    Frequency of Response: Less than once a year.
    Estimated Total Annual Hour Burden: 432,627.
    Estimated Total Annual Cost: $17,427,828 includes $29,483 
annualized capital costs.
    Changes in the Estimates: There is a decrease of 202,367 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This decrease reflects EPA's current inventory of 
facilities that have submitted and are maintaining an FRP as per 40 CFR 
part 112. While there have been no changes in the regulation that 
affected the per-facility regulatory burden, the number of facilities 
currently subject to FRP requirements is lower than had been estimated 
for the current ICR, resulting in a lower aggregate burden.


[[Page 65571]]


    Dated: November 14, 2007.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. E7-22756 Filed 11-20-07; 8:45 am]
BILLING CODE 6560-50-P