Agency Information Collection Activities: Proposed Collection; Comment Request; Implementation of the Oil Pollution Act Facility Response Plan Requirements (Renewal), 6130-6132 [2011-2410]
Download as PDF
6130
Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPA–2010–0987, FRL–9261–7]
Agency Information Collection
Activities: Proposed Collection;
Comment Request; Implementation of
the Oil Pollution Act Facility Response
Plan Requirements (Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), this document announces
that EPA is planning to submit a
continuing Information Collection
Request (ICR) to the Office of
Management and Budget (OMB). This is
a request to renew an existing approved
collection. This ICR is scheduled to
expire on March 31, 2011. 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 April 4, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OPA–2010–0987, to EPA, by one of the
following methods:
(1) https://www.regulations.gov.
Follow the on-line instructions for
submitting comments.
(2) E-mail: Docket.RCRA@epa.gov,
Attention Docket ID No, EPA–HQ–
OPA–2010–0987.
(3) Fax: 202–566–9744, Attention
Docket ID No. EPA–HQ–OPA–2010–
0987.
(4) Mail: EPA Docket Center, (EPA/
DC), Docket ID No. EPA–HQ–OPA–
2010–0987, Mail Code 28221T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460.
(5) Hand Delivery: EPA Docket Center,
(EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC 20460. Attention Docket ID No.
EPA–HQ–OPA–2010–0987. 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–OPA–2010–
0987. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
jdjones on DSK8KYBLC1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:31 Feb 02, 2011
Jkt 223001
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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/dockets.
FOR FURTHER INFORMATION CONTACT:
J. Troy Swackhammer, Office of
Emergency Management, Mail Code
5104A, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone
number: (202) 564–1966; fax number:
(202) 564–2625; e-mail address:
swackhammer.j-troy@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–OPA–2010–0987, which is
available for online viewing at https://
www.regulations.gov, or in person
viewing at 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 to make an
appointment to view the docket is (202)
566–0276.
Use https://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
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
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
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.
E:\FR\FM\03FEN1.SGM
03FEN1
Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Notices
jdjones on DSK8KYBLC1PROD with NOTICES
What information collection activity or
ICR does this apply to?
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) and which, because of
their location, could reasonably
expected to cause ‘‘substantial harm’’ to
the environment by discharging oil into
or on navigable waters or adjoining
shorelines. Owners and operators of
these facilities must prepare and submit
an Facility Response Plan (FRP) to EPA.
The criteria for a substantial harm
facility include:
• Oil transfers over water to or from
a vessel and a total storage capacity of
greater than or equal to 42,000 gallons;
or
• Total oil storage capacity of greater
than or equal to one million gallons and
meet one or more of the following harm
factors: insufficient secondary
containment; proximity to fish and
wildlife and sensitive environments;
discharge of oil could shut down a
drinking water intake; and/or facility
experienced a reportable oil discharge of
10,000 gallons or more in last 5 years;
or
• Other factors considered by the
Regional Administrator. (See 40 CFR
112.20(b)(1) and (f) for further
information about the criteria for
substantial harm.)
The specific private industry sectors
subject to this action include, but are
not limited to: (1) Petroleum Bulk
Stations and Terminals (NAICS 42271);
(2) Electric Power Generation,
Transmission, and Distribution (NAICS
2211); (3) Gasoline Stations/Automotive
Rental and Leasing (NAICS 4471/5321);
(4) Heating Oil Dealers (NAICS 3112);
(5) Transportation, Pipelines, and
Marinas (NAICS 482–486/488112–
48819/4883/48849/492/71393); (6)
Grain and Oilseed Milling (NAICS
3112); (7) Manufacturing (NAICS 31–
33); (8) Warehousing and Storage
(NAICS 493); (9) Crude Petroleum and
Natural Gas Extraction (211111); (10)
Mining and Heavy Construction (NAICS
2121/2123/213114/213116/234); (11)
Schools (NAICS 6111–6113; (12)
Hospitals (622–623); (13) Crop and
Animal Production (NAICS 111–112);
and (14) Other Commercial Facilities
(miscellaneous).
Title: Implementation of the Oil
Pollution Act Facility Response Plan
Requirements (40 CFR Part 112)
(Renewal).
VerDate Mar<15>2010
15:31 Feb 02, 2011
Jkt 223001
ICR numbers: EPA ICR Number
1630.10; OMB Control Number 2050–
0135.
ICR status: This ICR is currently
scheduled to expire on March 31, 2011.
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 FRP
requirements is derived from section
311(j)(5) of the Clean Water Act, as
amended by the Oil Pollution Act of
1990. EPA’s regulation is codified at 40
CFR 112.20 and 112.21. All FRP
reporting and recordkeeping activities
are mandatory. This information
collection request renewal has not
substantively changed from the last ICR
approval (March 31, 2008).
Purpose of Data Collection
An FRP 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 through the
identification of risks at the facility.
Although the 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 use
the data, which are not generally
available elsewhere and can greatly
assist 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 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
section 112.20(e), the owner or operator
of a facility that does not meet the
substantial harm criteria in section
112.20(f)(1) must complete and
maintain at the facility the certification
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
6131
form contained in Appendix C to part
112.
Response Plan Preparation. Under
section 112.20(a) or (b), the owner or
operator of a facility that meets the
‘‘substantial harm’’ criteria in section
112.20(f)(1) must prepare and submit to
the EPA Regional Administrator an FRP
following section 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
section 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 and update the plan to reflect
changes at the facility. Under section
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. Periodic drills and exercises are
required of the planholder to test the
effectiveness of the FRP.
Recordkeeping. Under section
112.20(e), an owner or operator who
determines that the 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 (section 112.20(a)), keep updates
to the FRP (section 112.20(d)(1) and (2)),
and log activities such as discharge
prevention meetings, response training,
and drills and exercises (section
112.20(h)(8)(iv)).
Number of Regulated Facilities. Since
approval of the current ICR (March 31,
2008), EPA has continued to maintain
an inventory of facilities that have
prepared and submitted an FRP to EPA.
This national inventory of FRP facilities
is periodically compiled by EPA
headquarters based on data maintained
by each of EPA’s ten regional offices.
The inventory was updated in April
2010 and comprises a total of 4,341 plan
holders versus an inventory of 4,132
plan holders in the prior ICR renewal.
Of the 4,341 planholders, 81 are Federal
facilities, resulting in a universe of
4,260 non-Federal government FRP
facilities. In the prior ICR renewal, a
total of 3,942 non-Federal government
FRP facilities were included. Since the
number of affected facilities has not
E:\FR\FM\03FEN1.SGM
03FEN1
6132
Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Notices
jdjones on DSK8KYBLC1PROD with NOTICES
changed substantively since the last
renewal, EPA is not substantively
revising the ICR supporting statement at
this time, but is accepting comment on
areas that may need revisions or
updating.
Burden Statement: The average
annual reporting and recordkeeping
burdens for this collection of
information on 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)
is estimated to be 0.4 hour per year. The
average annual reporting and
recordkeeping burdens on a newly
regulated facility for which an FRP is
required (i.e., first-year costs for plan
development) are estimated at 240.1
hours per year. The average annual
reporting and recordkeeping burdens on
a facility for which the owner or
operator is maintaining an FRP (i.e.,
subsequent year costs for annual plan
maintenance) are estimated at 99.7
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.
The ICR supporting statement
provides a detailed explanation of the
Agency’s estimate, which is only briefly
summarized here:
Estimated total number of potential
respondents: 22,574.
Frequency of response: Less than once
per year.
Estimated total annual burden hours:
432,627 hours.
Estimated total annual costs:
$17,427,828 includes $29,483
annualized capital costs.
Are There Changes in the Estimates
From the Last Approval?
EPA estimates that there is no
substantive change in the total
estimated respondent burden compared
with that identified in the ICR currently
approved by OMB. This conclusion is
based on EPA’s current inventory of
VerDate Mar<15>2010
15:31 Feb 02, 2011
Jkt 223001
facilities that have submitted and are
maintaining an FRP as per 40 CFR part
112. EPA has not amended the FRP
regulation since the last ICR renewal
that would affect the per-facility
regulatory burden. 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: January 19, 2011.
Maryann Petrole,
Acting Director, Office of Emergency
Management, U.S. Environmental Protection
Agency, Office of Solid Waste and Emergency
Response.
[FR Doc. 2011–2410 Filed 2–2–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Submitted for
Review and Approval to the Office of
Management and Budget (OMB),
Comments Requested
January 31, 2011.
The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, 44 U.S.C. 3501–3520.
Comments are requested concerning: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and (e) ways to
further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
SUMMARY:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
displays a currently valid OMB control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a currently valid OMB
control number.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before March 7, 2011.
If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via fax at 202–
395–5167 or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
to the Federal Communications
Commission via e-mail to PRA@fcc.gov.
To view a copy of this information
collection request (ICR) submitted to
OMB: (1) Go to the Web page https://
reginfo.gov/public/do/PRAMain, (2)
look for the section of the Web page
called ‘‘Currently Under Review’’, (3)
click on the downward-pointing arrow
in the ‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the right
of the ‘‘Select Agency’’ box, and (6)
when the list of FCC ICRs currently
under review appears, look for the title
of this ICR (or its OMB Control Number,
if there is one) and then click on the ICR
Reference Number to view detailed
information about this ICR.
FOR FURTHER INFORMATION CONTACT:
Judith B. Herman, Office of Managing
Director, (202) 418–0214. For additional
information or copies of the information
collection(s), contact Judith B. Herman,
OMD, 202–418–0214 or e-mail judithb.herman@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0819.
Title: Sections 54.400 through 54.417,
Lifeline Assistance (Lifeline)
Connection Assistance (Link-Up)
Reporting Worksheet and Instructions.
Form Number: FCC Form 497.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 251,400 respondents;
251,400 responses.
Estimated Time per Response: .084–
1.5 hours.
Frequency of Response: On occasion,
monthly, annual, and one-time
E:\FR\FM\03FEN1.SGM
03FEN1
Agencies
[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Notices]
[Pages 6130-6132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2410]
[[Page 6130]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPA-2010-0987, FRL-9261-7]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Implementation of the Oil Pollution Act Facility
Response Plan Requirements (Renewal)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit a
continuing Information Collection Request (ICR) to the Office of
Management and Budget (OMB). This is a request to renew an existing
approved collection. This ICR is scheduled to expire on March 31, 2011.
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 April 4, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OPA-2010-0987, to EPA, by one of the following methods:
(1) https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
(2) E-mail: Docket.RCRA@epa.gov, Attention Docket ID No, EPA-HQ-
OPA-2010-0987.
(3) Fax: 202-566-9744, Attention Docket ID No. EPA-HQ-OPA-2010-
0987.
(4) Mail: EPA Docket Center, (EPA/DC), Docket ID No. EPA-HQ-OPA-
2010-0987, Mail Code 28221T, 1200 Pennsylvania Ave., NW., Washington,
DC 20460.
(5) Hand Delivery: EPA Docket Center, (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC 20460. Attention
Docket ID No. EPA-HQ-OPA-2010-0987. 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-OPA-
2010-0987. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 https://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/dockets.
FOR FURTHER INFORMATION CONTACT:
J. Troy Swackhammer, Office of Emergency Management, Mail Code 5104A,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 564-1966; fax number:
(202) 564-2625; e-mail address: swackhammer.j-troy@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-OPA-2010-0987, which is available for online viewing at
https://www.regulations.gov, or in person viewing at 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 to make an appointment to view the docket is (202)
566-0276.
Use https://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 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.
[[Page 6131]]
What information collection activity or ICR does this apply to?
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) and which, because of their
location, could reasonably expected to cause ``substantial harm'' to
the environment by discharging oil into or on navigable waters or
adjoining shorelines. Owners and operators of these facilities must
prepare and submit an Facility Response Plan (FRP) to EPA. The criteria
for a substantial harm facility include:
Oil transfers over water to or from a vessel and a total
storage capacity of greater than or equal to 42,000 gallons; or
Total oil storage capacity of greater than or equal to one
million gallons and meet one or more of the following harm factors:
insufficient secondary containment; proximity to fish and wildlife and
sensitive environments; discharge of oil could shut down a drinking
water intake; and/or facility experienced a reportable oil discharge of
10,000 gallons or more in last 5 years; or
Other factors considered by the Regional Administrator.
(See 40 CFR 112.20(b)(1) and (f) for further information about the
criteria for substantial harm.)
The specific private industry sectors subject to this action
include, but are not limited to: (1) Petroleum Bulk Stations and
Terminals (NAICS 42271); (2) Electric Power Generation, Transmission,
and Distribution (NAICS 2211); (3) Gasoline Stations/Automotive Rental
and Leasing (NAICS 4471/5321); (4) Heating Oil Dealers (NAICS 3112);
(5) Transportation, Pipelines, and Marinas (NAICS 482-486/488112-48819/
4883/48849/492/71393); (6) Grain and Oilseed Milling (NAICS 3112); (7)
Manufacturing (NAICS 31-33); (8) Warehousing and Storage (NAICS 493);
(9) Crude Petroleum and Natural Gas Extraction (211111); (10) Mining
and Heavy Construction (NAICS 2121/2123/213114/213116/234); (11)
Schools (NAICS 6111-6113; (12) Hospitals (622-623); (13) Crop and
Animal Production (NAICS 111-112); and (14) Other Commercial Facilities
(miscellaneous).
Title: Implementation of the Oil Pollution Act Facility Response
Plan Requirements (40 CFR Part 112) (Renewal).
ICR numbers: EPA ICR Number 1630.10; OMB Control Number 2050-0135.
ICR status: This ICR is currently scheduled to expire on March 31,
2011. 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 FRP requirements is derived from
section 311(j)(5) of the Clean Water Act, as amended by the Oil
Pollution Act of 1990. EPA's regulation is codified at 40 CFR 112.20
and 112.21. All FRP reporting and recordkeeping activities are
mandatory. This information collection request renewal has not
substantively changed from the last ICR approval (March 31, 2008).
Purpose of Data Collection
An FRP 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 through the identification of risks at the
facility. Although the 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 use the data, which are not generally
available elsewhere and can greatly assist 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 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 section 112.20(e), the owner or
operator of a facility that does not meet the substantial harm criteria
in section 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 section 112.20(a) or (b), the
owner or operator of a facility that meets the ``substantial harm''
criteria in section 112.20(f)(1) must prepare and submit to the EPA
Regional Administrator an FRP following section 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 section 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 and update the plan to reflect changes at
the facility. Under section 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. Periodic drills and exercises are required
of the planholder to test the effectiveness of the FRP.
Recordkeeping. Under section 112.20(e), an owner or operator who
determines that the 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 (section 112.20(a)),
keep updates to the FRP (section 112.20(d)(1) and (2)), and log
activities such as discharge prevention meetings, response training,
and drills and exercises (section 112.20(h)(8)(iv)).
Number of Regulated Facilities. Since approval of the current ICR
(March 31, 2008), EPA has continued to maintain an inventory of
facilities that have prepared and submitted an FRP to EPA. This
national inventory of FRP facilities is periodically compiled by EPA
headquarters based on data maintained by each of EPA's ten regional
offices. The inventory was updated in April 2010 and comprises a total
of 4,341 plan holders versus an inventory of 4,132 plan holders in the
prior ICR renewal. Of the 4,341 planholders, 81 are Federal facilities,
resulting in a universe of 4,260 non-Federal government FRP facilities.
In the prior ICR renewal, a total of 3,942 non-Federal government FRP
facilities were included. Since the number of affected facilities has
not
[[Page 6132]]
changed substantively since the last renewal, EPA is not substantively
revising the ICR supporting statement at this time, but is accepting
comment on areas that may need revisions or updating.
Burden Statement: The average annual reporting and recordkeeping
burdens for this collection of information on 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) is estimated to be 0.4 hour per year.
The average annual reporting and recordkeeping burdens on a newly
regulated facility for which an FRP is required (i.e., first-year costs
for plan development) are estimated at 240.1 hours per year. The
average annual reporting and recordkeeping burdens on a facility for
which the owner or operator is maintaining an FRP (i.e., subsequent
year costs for annual plan maintenance) are estimated at 99.7 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.
The ICR supporting statement provides a detailed explanation of the
Agency's estimate, which is only briefly summarized here:
Estimated total number of potential respondents: 22,574.
Frequency of response: Less than once per year.
Estimated total annual burden hours: 432,627 hours.
Estimated total annual costs: $17,427,828 includes $29,483
annualized capital costs.
Are There Changes in the Estimates From the Last Approval?
EPA estimates that there is no substantive change in the total
estimated respondent burden compared with that identified in the ICR
currently approved by OMB. This conclusion is based on EPA's current
inventory of facilities that have submitted and are maintaining an FRP
as per 40 CFR part 112. EPA has not amended the FRP regulation since
the last ICR renewal that would affect the per-facility regulatory
burden. 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: January 19, 2011.
Maryann Petrole,
Acting Director, Office of Emergency Management, U.S. Environmental
Protection Agency, Office of Solid Waste and Emergency Response.
[FR Doc. 2011-2410 Filed 2-2-11; 8:45 am]
BILLING CODE 6560-50-P