Agency Information Collection Activities; Proposed Collection; Comment Request; Emergency Planning and Release Notification Requirements Under Emergency Planning and Community Right-to-Know Act Sections 302, 303, and 304.EPA ICR No. 1395.07, OMB Control No. 2050-0092, 75706-75707 [E8-29469]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75706-75707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29469]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2005-0008, FRL-8751-6]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Emergency Planning and Release Notification 
Requirements Under Emergency Planning and Community Right-to-Know Act 
Sections 302, 303, and 304.EPA ICR No. 1395.07, OMB Control No. 2050-
0092

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on May 31, 2009. Before submitting the ICR to OMB 
for review and approval, EPA is soliciting comments on specific aspects 
of the proposed information collection as described below.

DATES: Comments must be submitted on or before February 10, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2005-0008 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: superfund.docket@epa.gov.
     Fax: (202) 566-0224.
     Mail: Superfund Docket, Environmental Protection Agency, 
Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Docket Center, EPA West Bldg, Room 3334, 
1301 Constitution Avenue, NW., Washington DC 20460. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2005-0008. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at https://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-8019; fax number: (202) 564-2620; e-mail address: 
jacob.sicy@epa.gov.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-SFUND-2005-0008, 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 202-566-1744.
    Use www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number

[[Page 75707]]

assigned to this action in the subject line on the first page of your 
response. You may also provide the name, date, and Federal Register 
citation.

What Information Collection Activity or ICR Does This Apply to?

    Docket ID No. EPA-HQ-SFUND-2005-0008.
    Affected entities: Entities potentially affected by this action are 
those which have a threshold planning quantity of an extremely 
hazardous substance (EHS) listed in 40 CFR Part 355, Appendix A and 
those which have a release of any of the EHS above a reportable 
quantity. Entities more likely to be affected by this action may 
include chemical manufacturers, non-chemical manufacturers, retailers, 
petroleum refineries, utilities, etc.
    Title: Emergency Planning and Release Notification Requirements 
under Emergency Planning and Community Right-to-Know Act Sections 302, 
303, and 304.
    ICR number: EPA ICR No. 1395.07, OMB Control No. 2050-0092.
    ICR status: This ICR is currently scheduled to expire on May 31, 
2009. 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 these 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) that the facility is subject to emergency planning. 
This activity has been completed; this ICR covers only new facilities 
that are subject to this requirement. Section 303 requires the local 
emergency planning committees (LEPCs) to prepare emergency plans for 
facilities that are subject to section 302. This activity has been also 
completed; this ICR only covers any updates needed for these emergency 
response plans. Section 304 requires facilities to report to SERCs and 
LEPCs releases in excess of the reportable quantities listed for each 
extremely hazardous substance (EHS). This ICR also covers the 
notification and the written follow-up required under this section. The 
implementing regulations and the list of substances for emergency 
planning and emergency release notification are codified in 40 CFR part 
355.
    On November 3, 2008 (73 FR 64452), EPA has revised some of the 
requirements in 40 CFR part 355, specifically, the requirements related 
to emergency planning notification. EPA is now requiring facilities to 
notify their LEPC within 30 days of any changes occurring at the 
facility that may be relevant to emergency planning. This revision 
should not impose any additional burden on facilities subject to 
emergency planning. Prior to the November 3, 2008 final rule, 
facilities were required to provide any changes to the LEPC promptly. 
This final rule now requires facilities to provide any changes within 
30 days. Other revisions finalized on November 3, 2008 do not impose 
any burden on facilities subject to Section 302 and 304 requirements.
    Burden Statement: The burden and costs stated below are from the 
current approved ICR. The average reporting burden for a limited number 
of existing facilities, to inform the LEPC of any changes at the 
facility that may affect emergency planning (1.50 hours). The average 
reporting burden for facilities reporting releases under 40 CFR 355.40 
is estimated to average approximately 5 hours per release, including 
the time for determining if the release is a reportable quantity, 
notifying the LEPC and SERC, or the 911 operator, and developing and 
submitting a written follow-up notice. There are no record keeping 
requirements for facilities under EPCRA Sections 302-304. The total 
burden to facilities over three years is 229,473 hours at a cost of 
$11.1 million.
    The average burden for emergency planning activities is 21 hours 
per plan for LEPCs, and 16 hours per plan for SERCs. Each SERC and LEPC 
is also estimated to incur an annual record keeping burden of 10 hours. 
The total burden to LEPC and SERC over three years is 320,568 hours at 
a cost of $8.1 million.
    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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 84,215.
    Frequency of response: Occasionally.
    Estimated total average number of responses for each respondent: 
Once.
    Estimated total annual burden hours: 183,347.
    Estimated total annual costs: $27,000 includes annualized capital 
or O&M costs.

What Is the Next Step in the Process for This ICR?

    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 pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: December 5, 2008.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
 [FR Doc. E8-29469 Filed 12-11-08; 8:45 am]
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