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. 1395.08, 9235-9237 [2012-3669]
Download as PDF
Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices
Estimated total average number of
responses for each respondent: One per
respondent per year.
Estimated total annual burden hours:
30 hours.
Estimated total annual costs: $10,000.
This includes an estimated burden cost
of $10,000 and an estimated cost of $0
for capital investment or maintenance
and operational costs.
Are there changes in the estimates from
the last approval?
There is a decrease of 60 hours in the
total estimated respondent burden
compared with that identified in the ICR
currently approved by OMB. This
decrease reflects that effective in 2010,
all producers of primary aluminum are
subject to mandatory reporting under
EPA’s Greenhouse Gas Reporting
Program (GGRP). Emissions data
collection and reporting efforts are no
longer components of the voluntary
activities covered by this information
collection request. Consequently, the
overall burden has decreased from 90
hours to 30 hours with the
corresponding decrease in the
previously estimated reporting burden.
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: February 10, 2012.
Rona Birnbaum,
Acting Director, Climate Change Division.
[FR Doc. 2012–3688 Filed 2–15–12; 8:45 am]
srobinson on DSK4SPTVN1PROD with NOTICES
BILLING CODE 6560–50–P
VerDate Mar<15>2010
16:31 Feb 15, 2012
Jkt 226001
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–SFUND–2005–0008, FRL–9631–9]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Emergency
Planning and Release Notification
Requirements Under Emergency
Planning and Community Right-ToKnow Act Sections 302, 303, and 304;
EPA ICR No. 1395.08
Environmental Protection
Agency.
ACTION: Notice.
AGENCY:
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 July 31,
2012. 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 16, 2012.
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.
• Email: 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
SUMMARY:
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
9235
protected through www.regulations.gov
or email. 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 email
comment directly to EPA without going
through www.regulations.gov your email
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.
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;
email address: jacob.sicy@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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.
E:\FR\FM\16FEN1.SGM
16FEN1
9236
Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
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:
1. 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;
2. 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;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. 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.
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
VerDate Mar<15>2010
16:31 Feb 15, 2012
Jkt 226001
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. 1395.08,
OMB Control No. 2050–0092.
ICR status: This ICR is currently
scheduled to expire on July 31, 2012.
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
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
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 (2.0 hours). The
average burden for providing
information to the LEPC to develop or
update emergency response plans is
11.0 hours. The average reporting
burden for facilities reporting releases
under 40 CFR 355.40 is estimated to
average approximately 9.0 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 annual
burden to facilities is 188,900 hours at
a cost of $8.7 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
annual burden to LEPCs and SERCs is
106,856 hours at a cost of $4.2 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;
E:\FR\FM\16FEN1.SGM
16FEN1
Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices
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: 98,456.
Frequency of response: Occasionally.
Estimated total average number of
responses for each respondent: once.
Estimated total annual burden hours:
295,756.
Estimated total annual costs: $68,719
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: February 8, 2012.
R. Craig Matthiessen,
Acting Director, Office of Emergency
Management.
[FR Doc. 2012–3669 Filed 2–15–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2003–0052; FRL–9632–1]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Risk Management
Program Requirements and Petitions
To Modify the List of Regulated
Substances Under Section 112(r) of the
Clean Air Act (CAA)
Environmental Protection
Agency.
ACTION: Notice.
AGENCY:
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 July 31,
2012. Before submitting the ICR to OMB
for review and approval, EPA is
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:31 Feb 15, 2012
Jkt 226001
soliciting comments on specific aspects
of the proposed information collection
as described below.
DATES: Comments must be submitted on
or before April 16, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
2003–0052, by one of the following
methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: a-and-r-Docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Air Docket, Environmental
Protection Agency, Mail code: 2822T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: 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–OAR–2003–
0052. 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 email. 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 email
comment directly to EPA without going
through www.regulations.gov your email
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
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
9237
Management, Mail code 5104A,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: (202)
564–8019; fax number: (202) 564–2625;
email 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–OAR–2003–0052 which is available
for online viewing at
www.regulations.gov, or in person
viewing at the Air 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 Air Docket is (202) 566–
1742.
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
E:\FR\FM\16FEN1.SGM
16FEN1
Agencies
[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Pages 9235-9237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3669]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-SFUND-2005-0008, FRL-9631-9]
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. 1395.08
AGENCY: Environmental Protection Agency.
ACTION: Notice.
-----------------------------------------------------------------------
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 July 31, 2012. 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 16, 2012.
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.
Email: 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 email. 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 email comment
directly to EPA without going through www.regulations.gov your email
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; email 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.
[[Page 9236]]
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:
1. 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;
2. 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;
3. Enhance the quality, utility, and clarity of the information to
be collected; and
4. 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.
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. 1395.08, OMB Control No. 2050-0092.
ICR status: This ICR is currently scheduled to expire on July 31,
2012. 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 (2.0 hours). The average
burden for providing information to the LEPC to develop or update
emergency response plans is 11.0 hours. The average reporting burden
for facilities reporting releases under 40 CFR 355.40 is estimated to
average approximately 9.0 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 annual burden to
facilities is 188,900 hours at a cost of $8.7 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 annual burden to LEPCs and SERCs is 106,856 hours at a cost
of $4.2 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;
[[Page 9237]]
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: 98,456.
Frequency of response: Occasionally.
Estimated total average number of responses for each respondent:
once.
Estimated total annual burden hours: 295,756.
Estimated total annual costs: $68,719 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: February 8, 2012.
R. Craig Matthiessen,
Acting Director, Office of Emergency Management.
[FR Doc. 2012-3669 Filed 2-15-12; 8:45 am]
BILLING CODE 6560-50-P