[Federal Register: July 9, 2004 (Volume 69, Number 131)]
[Notices]
[Page 41472-41474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy04-69]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[SFUND-2000-0008, FRL-7785-2]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Continuous Release Reporting Regulations (CRRR) Under
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), EPA ICR Number 1445.06, OMB Control Number 2050-
0086
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 November 30,
2004. 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 September 7, 2004.
ADDRESSES: Submit your comments, referencing docket ID number SFUND-
2000-0008, to EPA online using EDOCKET (our preferred method), by e-
mail to superfund.docket@epa.gov, or by mail to: EPA Docket Center,
Environmental Protection Agency, Superfund Docket Office, Mail Code
5202T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Lynn M. Beasley, Office of Solid Waste
and Emergency Response, Office of Emergency Prevention, Preparedness,
and Response, Emergency Response Staff, 5204G, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number: (703) 603-9086; fax number: (703) 603-9104; e-mail address:
beasley.lynn@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has established a public docket for this
ICR under Docket ID number SFUND-2000-0008, which is available for
public viewing at the Superfund Docket in the EPA Docket Center (EPA/
DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC.
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal
[[Page 41473]]
holidays. The telephone number for the Reading Room is (202) 566-1744,
and the telephone number for the Superfund Docket is (202) 566-0276. An
electronic version of the public docket is available through EPA
Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to obtain
a copy of the draft collection of information, submit or view public
comments, access the index listing of the contents of the public
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 above.
Any comments related to this ICR should be submitted to EPA within
60 days of this notice. EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing in EDOCKET as EPA receives them and without change, unless the
comment contains copyrighted material, CBI, or other information whose
public disclosure is restricted by statute. When EPA identifies a
comment containing copyrighted material, EPA will provide a reference
to that material in the version of the comment that is placed in
EDOCKET. The entire printed comment, including the copyrighted
material, will be available in the public docket. Although identified
as an item in the official docket, information claimed as CBI, or whose
disclosure is otherwise restricted by statute, is not included in the
official public docket, and will not be available for public viewing in
EDOCKET. For further information about the electronic docket, see EPA's
Federal Register notice describing the electronic docket at 67 FR 38102
(May 31, 2002), or go to http://www.epa.gov./edocket.
Affected entities: Entities potentially affected by this action are
vessels or facilities that manufacture, process, transport, or
otherwise use certain specified hazardous substances.
Title: Continuous Release Reporting Regulations (CRRR) under the
Comprehensive, Environmental Response, Compensation, and Liability Act
of 1980.
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 initial
telephone call to the NRC, 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, 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. 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 40 CFR are listed in 40 CFR part 9.
The EPA would like to solicit comments 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.
Burden Statement:
Estimated total number of facilities that will have to report
continuous hazardous substance releases per year: 2,712.
Frequency of response: After reporting the continuous release to
the NRC and EPA Region initially, only a one-year follow-up report to
the EPA Region is necessary unless there is a change in the source of
the continuous release, a change in the chemical composition of the
continuous release, or a significant increase in the level of the
continuous release. In these cases the person in charge of the facility
has to notify the NRC and the appropriate EPA Regional Office of the
change in the continuous release.
Estimated total annual burden hours: 249,451 hours.
Estimated total annual burden costs: $11,277,827.
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;
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.
[[Page 41474]]
Dated: June 29, 2004.
Deborah Y. Dietrich,
Director, Office of Emergency Prevention, Preparedness, and Response.
[FR Doc. 04-15618 Filed 7-8-04; 8:45 am]
BILLING CODE 6560-50-P