Agency Information Collection Activities; Proposed Collection; Comment Request; Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Plans, 74659-74661 [2012-30359]
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Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. RP13–238–000; RP12–39–000;
RP12–39–001]
Algonquin Gas Transmission; Notice
of Technical Conference
Take notice that the Commission will
convene a technical conference on
Wednesday, January 23, 2013, from
10:00 a.m. to 5:00 p.m. (EDT) in a room
to be designated at the offices of the
Federal Energy Regulatory Commission,
888 First Street NE., Washington DC
20426.
Pursuant to the Commission’s Order
Accepting and Suspending, Subject to
Refund, Tariff Record Subject to
Conditions and Establishing Technical
Conference, 141 FERC ¶ 61,160 (Issued
November 28, 2012), the technical
conference will address the issues
raised in Algonquin Gas Transmission’s
(Algonquin) Fuel Reimbursement
proceedings in Docket Nos. RP13–238–
000, RP12–39–000, and RP12–39–001.
In addition, at the technical conference,
parties will be able to comment on the
Data Response Algonquin is required to
submit by January 4, 2013.
FERC conferences are accessible
under section 508 of the Rehabilitation
Act of 1973. For accessibility
accommodations please send an email
to accessibility@ferc.gov or call toll free
(866) 208–3372 (voice) or (202) 502–
8659 (TTY), or send a fax to (202) 208–
2106 with the required
accommodations.
All interested persons are permitted
to attend. For further information please
contact Lisa Long at (202) 502–8691 or
by email at lisa.long@ferc.gov.
Dated: December 10, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012–30263 Filed 12–14–12; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPA–2007–0584, FRL–9762–8]
srobinson on DSK4SPTVN1PROD with
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Oil Pollution
Prevention; Spill Prevention, Control,
and Countermeasure (SPCC) Plans
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA) (44
SUMMARY:
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Jkt 229001
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, identified as Renewal EPA IRC
0328.16 and OMB Control No. 2050–
0021, is scheduled to expire on June 30,
2013. 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 15, 2013.
ADDRESSES: Submit your comments,
indentified by Docket ID No. EPA–HQOPA–2007–0584, to EPA, by one of the
following methods:
(1) https://www.regulations.gov.
Follow the on-line instructions for
submitting comments.
(2) Email: Docket.RCRA@epa.gov,
Attention Docket ID No, EPA–HQ–
OPA–2007–0584
(3) Fax: 202–566–9744, Attention
Docket ID No. EPA–HQ–OPA–2007–
0584
(4) Mail: EPA Docket Center, (EPA/
DC), Docket ID No. EPA–HQ–OPA–
2007–0584, 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–2007–0584. 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–2007–
0584. 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
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74659
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:
George W. Denning, Office of
Emergency Management, Mail Code
5104A, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: (202) 564–2404; fax number:
(202) 564–2625; email address:
denning.george@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–2007–0584, which is
available for online viewing at
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 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
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74660
Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices
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.
What information collection activity or
ICR does this apply to?
srobinson on DSK4SPTVN1PROD with
Docket ID No: EPA–HQ–OPA–2007–
0584
Affected entities: Entities potentially
affected by this action are the owners or
operators 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). The applicability,
definitions, and general requirements
for all facilities and all types of oil are
located in part 112.1 of the regulations
and apply to any owner or operator of
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a non-transportation-related onshore or
offshore facility engaged in drilling,
producing, gathering, storing,
processing, refining, transferring,
distributing, using or consuming oil and
oil products, which due to its location,
could reasonably be expected to
discharge oil into navigable waters or
adjoining shorelines in quantities that
may be harmful. (See 40 CFR 112.1(a)
through (d) for further information
about the applicability of the oil
pollution prevention regulations.)
The private industry sectors subject to
this action include, but are not limited,
to: (1) Oil and Gas Extraction (NAICS
211); (2) Farms (NAICS 111, 112); (3)
Electric Utility Plants (NAICS 2211); (4)
Petroleum Refining and Related
Industries (NAICS 324); (5) Chemical
Manufacturing (NAICS 331, 332); (9)
Other Manufacturing (NAICS 31–33);
(10) Real Estate Rental and Leasing
(NAICS 531, 533); (11) Retail Trade
(NAICS 441–446, 448,451–454); (12)
Contract Construction (NAICS 23); (13)
Wholesale Trade (NAICS 42); (14) Other
Commercial (NAICS 492, 541, 551, 561–
562); (15) Transportation (NAICS 481–
488); (16) Arts, Entertainment, and
Recreation (NAICS 711–713); (17) Other
Services (Except Public Administration)
(NAICS 811–813); (18) Education
(NAICS 611); (19) Petroleum Bulk
Stations and Terminals (NAICS 4247);
(19) Fuel Oil Dealers (NAICS 45431);
(20) Hospitals & Other Health Care
(NAICS 621–624); (21) Accommodation
and Food Services (NAICS 721,722);
(22) Fuel Oil Dealers (NAICS 45431);
(23) Gasoline Stations (NAICS 4471);
(24) Information Finance and Insurance
(NAICS 51, 52); (25) Mining (NAICS
212, 213); (26) Warehousing and Storage
(NAICS 493); (27) Pipelines (NAICS
4861, 48691); (28) Government (NAICS
92); (29) Military Installations (NAICS
928110); and (30) Religious
Organizations (NAICS 813110).
Title: Spill Prevention, Control, and
Countermeasure (SPCC) Plans.
ICR number: EPA ICR Number
0328.16; OMB Control Number 2050–
0021.
ICR status: This ICR is currently
scheduled to expire on June 30, 2013.
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
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control numbers in certain EPA
regulations is consolidated in 40 CFR
Part 9.
Abstract: The authority for EPA’s oil
pollution prevention requirements is
derived from section 311(j)(1)(C) of the
Clean Water Act, as amended by the Oil
Pollution Act of 1990. EPA’s regulation
is codified at 40 CFR 112. An SPCC Plan
will help an owner or operator identify
the necessary procedures, equipment
and resources to respond to prevent an
oil spill and to respond to an oil spill
in a timely manner. If implemented
effectively, the SPCC Plan is expected to
prevent oil spills and reduce the impact
and severity of oil spills. Although the
owner or operator is the primary data
user, EPA may also require the owner or
operator to submit data to the Agency in
certain situations to ensure facilities
comply with the SPCC regulation and to
help allocate response resources. State
and local governments may use the data,
which are not generally available
elsewhere and can assist local
emergency preparedness planning
efforts. EPA does not require an owner
or operator to submit SPCC Plans, but
may request the SPCC Plan during a
facility inspection or an oil spill
incident for review. The SPCC
regulation requires the owner or
operator maintain a complete copy of
the Plan at the facility if the facility is
normally attended at least fours hours
per day or at the nearest field office if
the facility is not so attended. The rule
also requires that the Plan be available
to the Regional Administrator for on-site
review during normal working hours (40
CFR Part 112.3(e)).
SPCC Plan Preparation. Under section
112.3(a) or (b), the owner or operator or
onshore or offshore facility subject to
this section must prepare in writing and
implement an SPCC Plan in accordance
with section 112.7 and any other
applicable sections in the regulation.
Part 112.7 requires that the Plan be
prepared in accordance with good
engineering practices. The section also
requires the Plan have the full approval
of management at a level of authority to
commit the necessary resources to fully
implement the Plan. Specific provisions
in this section, among others, require
the owner or operator to predict the
direction, rate of flow and total quantity
of oil which could be discharged from
the facility as result of each type of
major equipment failure (§ 112.7(b));
provide for appropriate containment
and/or diversionary structures or
equipment to prevent a discharge
(§ 112.7(c)); provide for PE certification
or a qualified facility certification
(§ 112.7(d)); and conduct inspections
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Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices
and tests and maintain records
(§ 112.7(e)).
Plan Certification. Under section
112.3(d), a SPCC Plan must, except as
provided by 40 CFR Part 112.6 Qualified
Facilities Plan Requirements, be
reviewed and certified by a licensed
Professional Engineer (PE) for it to be
effective to satisfy the requirements.
Under section 112.6, the owner or
operator of a qualified facility may self
certify the Plan if the facility meets the
eligibility criteria in section 112.3(g).
SPCC Plan Maintenance. Under
section 112.5, the owner or operator
must complete a review and evaluation
of the SPCC Plan at least once every five
years from the date the facility becomes
subject to part 112, or if the facility was
in operation on or before August 16,
2002, five years from the date the last
review. As a result of this review and
evaluation, the owner or operator must
amend the Plan within six months of
the review to include more effective
prevention and control technology if the
technology has been field-proven at the
time of the review and will significantly
reduce the likelihood of a discharge of
oil.
Recordkeeping. Under section
112.7(e), an owner or operator must
conduct inspections, tests, and maintain
records. The inspections and tests must
be conducted in accordance with
written procedures the facility or the
certifying engineer developed for the
facility. The written procedures and a
record of the inspections and tests must
be signed by the appropriate supervisor
or inspector and kept with the SPCC
Plan for a period of three years. Records
of inspections and tests may be kept
under usual and customary business
practices.
Number of Regulated Facilities. At the
time OMB approved the current ICR
(June 15, 2010), EPA estimated that
there were approximately 640,000 SPCC
regulated facilities in 2010. The largest
sectors in 2010 were oil and gas
production with 215,000 affected
facilities and farms with 149,000
affected facilities. As part of the
regulatory impact analysis for the 2008
and 2009 SPCC amendments, EPA
analyzed the growth rates for each
industrial sector covered by the
regulations. For this ICR, EPA applied
those growth rates for the next ICR
period. For some sectors, the growth
rate for the number of facilities was
negative: for example, the farm sector
experienced a reduction in affected
facilities. For other sectors such as oil
and gas production sector, the growth
rate for the number of affected facilities
increased. For the growth rates for all
sectors, EPA estimates there would be
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approximately 657,000 SPCC regulated
facilities in 2014 up from 640,000 in
2010; approximately 670,000 SPCC
regulated facilities in 2015; and
approximately 683,000 facilities in
2016.
Burden Statement: The average
annual reporting and recordkeeping
burden for this collection of information
on a newly regulated facility for which
a SPCC Plan is required (i.e., first-year
costs for plan development) is estimated
to be approximately 58 hours per year.
The average annual reporting and
recordkeeping burden on a regulated
facility for which the owner or operator
is maintaining an SPCC Plan is
estimated at approximately 11 hours per
year. 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: 663,000.
Frequency of response: Less than once
per year.
Estimated total annual burden hours:
8,700,000 hours.
Estimated total annual costs:
$987,000,000, which includes
$183,000,000 annualized capital and
operation and maintenance (O&M)
costs.
Are there changes in the estimates from
the last approval?
EPA estimates 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 estimate of facilities that have
written and are maintaining an SPCC
Plan in compliance with 40 CFR Part
112. EPA amended the SPCC regulation
to exempt milk and milk product
containers since the last ICR renewal
that results in a small reduction in the
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74661
number regulated facilities and savings
in terms of total labor hours and total
cost burden. The agency also extended
the compliance date for farms, but that
regulatory action does not affect the
number of facilities, labor hours and
cost 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: December 11, 2012.
Dana S. Tulis,
Acting Director, Office of Emergency
Management.
[FR Doc. 2012–30359 Filed 12–14–12; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[DA 12–1986]
Open Internet Advisory Committee
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
The Commission announces
the next meeting date, time, and agenda
of the Open Internet Advisory
Committee (Committee). The Committee
was established to track and evaluate
the effects of the Commission’s Open
Internet rules, and to provide any
recommendations it deems appropriate
to the Commission regarding policies
and practices related to preserving the
open Internet. The Committee will
observe market developments regarding
the freedom and openness of the
Internet and will focus in particular on
issues addressed in the Commission’s
Open Internet rules, such as
transparency, reasonable network
management practices, differences in
treatment of fixed and mobile
broadband services, specialized
services, and technical standards.
DATES: The next meeting of the
Committee will take place on Thursday,
January 17, 2013, 10:00 a.m. to 12:00
p.m. PST, at Paul Brest Hall-East,
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Pages 74659-74661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30359]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPA-2007-0584, FRL-9762-8]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Oil Pollution Prevention; Spill Prevention, Control,
and Countermeasure (SPCC) Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that 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,
identified as Renewal EPA IRC 0328.16 and OMB Control No. 2050-0021, is
scheduled to expire on June 30, 2013. 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 15, 2013.
ADDRESSES: Submit your comments, indentified by Docket ID No. EPA-HQ-
OPA-2007-0584, to EPA, by one of the following methods:
(1) https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
(2) Email: Docket.RCRA@epa.gov, Attention Docket ID No, EPA-HQ-OPA-
2007-0584
(3) Fax: 202-566-9744, Attention Docket ID No. EPA-HQ-OPA-2007-0584
(4) Mail: EPA Docket Center, (EPA/DC), Docket ID No. EPA-HQ-OPA-
2007-0584, 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-2007-0584. 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-
2007-0584. 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/dockets.
FOR FURTHER INFORMATION CONTACT: George W. Denning, Office of Emergency
Management, Mail Code 5104A, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202)
564-2404; fax number: (202) 564-2625; email address:
denning.george@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-2007-0584, which is available for online viewing at
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 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
[[Page 74660]]
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.
What information collection activity or ICR does this apply to?
Docket ID No: EPA-HQ-OPA-2007-0584
Affected entities: Entities potentially affected by this action are
the owners or operators 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). The applicability,
definitions, and general requirements for all facilities and all types
of oil are located in part 112.1 of the regulations and apply to any
owner or operator of a non-transportation-related onshore or offshore
facility engaged in drilling, producing, gathering, storing,
processing, refining, transferring, distributing, using or consuming
oil and oil products, which due to its location, could reasonably be
expected to discharge oil into navigable waters or adjoining shorelines
in quantities that may be harmful. (See 40 CFR 112.1(a) through (d) for
further information about the applicability of the oil pollution
prevention regulations.)
The private industry sectors subject to this action include, but
are not limited, to: (1) Oil and Gas Extraction (NAICS 211); (2) Farms
(NAICS 111, 112); (3) Electric Utility Plants (NAICS 2211); (4)
Petroleum Refining and Related Industries (NAICS 324); (5) Chemical
Manufacturing (NAICS 331, 332); (9) Other Manufacturing (NAICS 31-33);
(10) Real Estate Rental and Leasing (NAICS 531, 533); (11) Retail Trade
(NAICS 441-446, 448,451-454); (12) Contract Construction (NAICS 23);
(13) Wholesale Trade (NAICS 42); (14) Other Commercial (NAICS 492, 541,
551, 561-562); (15) Transportation (NAICS 481-488); (16) Arts,
Entertainment, and Recreation (NAICS 711-713); (17) Other Services
(Except Public Administration) (NAICS 811-813); (18) Education (NAICS
611); (19) Petroleum Bulk Stations and Terminals (NAICS 4247); (19)
Fuel Oil Dealers (NAICS 45431); (20) Hospitals & Other Health Care
(NAICS 621-624); (21) Accommodation and Food Services (NAICS 721,722);
(22) Fuel Oil Dealers (NAICS 45431); (23) Gasoline Stations (NAICS
4471); (24) Information Finance and Insurance (NAICS 51, 52); (25)
Mining (NAICS 212, 213); (26) Warehousing and Storage (NAICS 493); (27)
Pipelines (NAICS 4861, 48691); (28) Government (NAICS 92); (29)
Military Installations (NAICS 928110); and (30) Religious Organizations
(NAICS 813110).
Title: Spill Prevention, Control, and Countermeasure (SPCC) Plans.
ICR number: EPA ICR Number 0328.16; OMB Control Number 2050-0021.
ICR status: This ICR is currently scheduled to expire on June 30,
2013. 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 oil pollution prevention
requirements is derived from section 311(j)(1)(C) of the Clean Water
Act, as amended by the Oil Pollution Act of 1990. EPA's regulation is
codified at 40 CFR 112. An SPCC Plan will help an owner or operator
identify the necessary procedures, equipment and resources to respond
to prevent an oil spill and to respond to an oil spill in a timely
manner. If implemented effectively, the SPCC Plan is expected to
prevent oil spills and reduce the impact and severity of oil spills.
Although the owner or operator is the primary data user, EPA may also
require the owner or operator to submit data to the Agency in certain
situations to ensure facilities comply with the SPCC regulation and to
help allocate response resources. State and local governments may use
the data, which are not generally available elsewhere and can assist
local emergency preparedness planning efforts. EPA does not require an
owner or operator to submit SPCC Plans, but may request the SPCC Plan
during a facility inspection or an oil spill incident for review. The
SPCC regulation requires the owner or operator maintain a complete copy
of the Plan at the facility if the facility is normally attended at
least fours hours per day or at the nearest field office if the
facility is not so attended. The rule also requires that the Plan be
available to the Regional Administrator for on-site review during
normal working hours (40 CFR Part 112.3(e)).
SPCC Plan Preparation. Under section 112.3(a) or (b), the owner or
operator or onshore or offshore facility subject to this section must
prepare in writing and implement an SPCC Plan in accordance with
section 112.7 and any other applicable sections in the regulation. Part
112.7 requires that the Plan be prepared in accordance with good
engineering practices. The section also requires the Plan have the full
approval of management at a level of authority to commit the necessary
resources to fully implement the Plan. Specific provisions in this
section, among others, require the owner or operator to predict the
direction, rate of flow and total quantity of oil which could be
discharged from the facility as result of each type of major equipment
failure (Sec. 112.7(b)); provide for appropriate containment and/or
diversionary structures or equipment to prevent a discharge (Sec.
112.7(c)); provide for PE certification or a qualified facility
certification (Sec. 112.7(d)); and conduct inspections
[[Page 74661]]
and tests and maintain records (Sec. 112.7(e)).
Plan Certification. Under section 112.3(d), a SPCC Plan must,
except as provided by 40 CFR Part 112.6 Qualified Facilities Plan
Requirements, be reviewed and certified by a licensed Professional
Engineer (PE) for it to be effective to satisfy the requirements. Under
section 112.6, the owner or operator of a qualified facility may self
certify the Plan if the facility meets the eligibility criteria in
section 112.3(g).
SPCC Plan Maintenance. Under section 112.5, the owner or operator
must complete a review and evaluation of the SPCC Plan at least once
every five years from the date the facility becomes subject to part
112, or if the facility was in operation on or before August 16, 2002,
five years from the date the last review. As a result of this review
and evaluation, the owner or operator must amend the Plan within six
months of the review to include more effective prevention and control
technology if the technology has been field-proven at the time of the
review and will significantly reduce the likelihood of a discharge of
oil.
Recordkeeping. Under section 112.7(e), an owner or operator must
conduct inspections, tests, and maintain records. The inspections and
tests must be conducted in accordance with written procedures the
facility or the certifying engineer developed for the facility. The
written procedures and a record of the inspections and tests must be
signed by the appropriate supervisor or inspector and kept with the
SPCC Plan for a period of three years. Records of inspections and tests
may be kept under usual and customary business practices.
Number of Regulated Facilities. At the time OMB approved the
current ICR (June 15, 2010), EPA estimated that there were
approximately 640,000 SPCC regulated facilities in 2010. The largest
sectors in 2010 were oil and gas production with 215,000 affected
facilities and farms with 149,000 affected facilities. As part of the
regulatory impact analysis for the 2008 and 2009 SPCC amendments, EPA
analyzed the growth rates for each industrial sector covered by the
regulations. For this ICR, EPA applied those growth rates for the next
ICR period. For some sectors, the growth rate for the number of
facilities was negative: for example, the farm sector experienced a
reduction in affected facilities. For other sectors such as oil and gas
production sector, the growth rate for the number of affected
facilities increased. For the growth rates for all sectors, EPA
estimates there would be approximately 657,000 SPCC regulated
facilities in 2014 up from 640,000 in 2010; approximately 670,000 SPCC
regulated facilities in 2015; and approximately 683,000 facilities in
2016.
Burden Statement: The average annual reporting and recordkeeping
burden for this collection of information on a newly regulated facility
for which a SPCC Plan is required (i.e., first-year costs for plan
development) is estimated to be approximately 58 hours per year. The
average annual reporting and recordkeeping burden on a regulated
facility for which the owner or operator is maintaining an SPCC Plan is
estimated at approximately 11 hours per year. 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: 663,000.
Frequency of response: Less than once per year.
Estimated total annual burden hours: 8,700,000 hours.
Estimated total annual costs: $987,000,000, which includes
$183,000,000 annualized capital and operation and maintenance (O&M)
costs.
Are there changes in the estimates from the last approval?
EPA estimates 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 estimate of
facilities that have written and are maintaining an SPCC Plan in
compliance with 40 CFR Part 112. EPA amended the SPCC regulation to
exempt milk and milk product containers since the last ICR renewal that
results in a small reduction in the number regulated facilities and
savings in terms of total labor hours and total cost burden. The agency
also extended the compliance date for farms, but that regulatory action
does not affect the number of facilities, labor hours and cost 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: December 11, 2012.
Dana S. Tulis,
Acting Director, Office of Emergency Management.
[FR Doc. 2012-30359 Filed 12-14-12; 8:45 am]
BILLING CODE 6560-50-P
