Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Continuous Release Reporting Regulations (CRRR) Under CERCLA 1980 (Renewal), 67435-67436 [2011-28260]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67435-67436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28260]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2011-0523; FRL-9485-7]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Continuous Release Reporting 
Regulations (CRRR) Under CERCLA 1980 (Renewal)

AGENCY: Environmental Protection Agency (EPA).

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 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 1, 
2011.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2011-0523, to (1) EPA online using https://www.regulations.gov, 
(our preferred method), by email to superfund.docket@epa.gov, or by 
mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 
28221T, 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: Lynn M. Beasley, Regulation and Policy 
Development Division, Office of Emergency Operations, (5104A), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: (202) 564-1965; fax number: 
(202) 564-2625; email address: beasley.lynn@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 June 28, 2011 (76 FR 37809), 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-2011-0523, which is available for online viewing at 
https://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 https://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 https://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 https://www.regulations.gov.
    Title: Continuous Release Reporting Regulations (CRRR) under CERCLA 
1980 (Renewal).
    ICR numbers: EPA ICR No. 1445.11, OMB Control No. 2050-0086.
    ICR Status: This ICR is scheduled to expire on December 31, 2011. 
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: Section 103(a) of CERCLA, as amended, requires the person 
in charge of a vessel or facility to immediately notify the National 
Response Center (NRC) of a hazardous substance release into the 
environment if the amount of the release equals or exceeds the 
substance's reportable quantity (RQ). The RQ of every hazardous 
substance can be found in Table 302.4 of 40 CFR 302.4.
    Section 103(f)(2) of CERCLA provides facilities relief from this 
per-occurrence notification requirement if the hazardous substance 
release at or above the RQ is continuous and stable in quantity and 
rate. Under the Continuous Release Reporting Requirements (CRRR), to 
report such a release as a continuous release you must make an

[[Page 67436]]

initial telephone call to the NRC, submit an initial written report to 
the EPA Region, and, if the source and chemical composition of the 
continuous release does not change and the level of the continuous 
release does not significantly increase, submit a follow-up written 
report to the EPA Region one year after submission of the initial 
written report. If the source or chemical composition of the previously 
reported continuous release changes, notifying the NRC and EPA Region 
of a change in the source or composition of the release is required. 
Further, a significant increase in the level of the previously reported 
continuous release must be reported immediately to the NRC according to 
section 103(a) of CERCLA. Finally, any change in information submitted 
in support of a continuous release notification must be reported to the 
EPA Region.
    The reporting of a hazardous substance release that is equal to or 
above the substance's RQ allows the Federal government to determine 
whether a Federal response action is required to control or mitigate 
any potential adverse effects to public health or welfare or the 
environment.
    The continuous release of hazardous substance information collected 
under CERCLA section 103(f)(2) is also available to EPA program offices 
and other Federal agencies who use the information to evaluate the 
potential need for additional regulations, new permitting requirements 
for specific substances or sources, or improved emergency response 
planning. State and local government authorities and facilities subject 
to the CRRR use release information for purposes of local emergency 
response planning. Members of the public, who have access to release 
information through the Freedom of Information Act, may request release 
information for purposes of maintaining an awareness of what types of 
releases are occurring in different localities and what actions, if 
any, are being taken to protect public health and welfare and the 
environment.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 10.2 
hours per response. 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: The usage and release of hazardous 
substances are pervasive throughout industry. EPA expects a number of 
different industrial categories to report hazardous substance releases 
under the provisions of the CRRR. No one industry sector or group of 
sectors is disproportionately affected by the information collection 
burden.
    Estimated Number of Respondents: 3,865.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 315,966.
    Estimated Total Annual Cost: $15,456,936 includes $146,705 
annualized capital or O&M costs.
    Changes in the Estimates: There is an increase of 14,625 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase reflects EPA's use of data on the 
actual number of continuous release reports from several regions and 
applying a growth rate consistent with prior years reporting. The 
average annual percent increase in facilities in the previous ICR was 
approximately 7.5%. The same percent increase was assumed for this ICR. 
The unit burden hours per respondent information collection activity 
remains the same as the previous ICR.

     Dated: October 25, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-28260 Filed 10-31-11; 8:45 am]
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