[Federal Register: March 8, 2006 (Volume 71, Number 45)]
[Notices]
[Page 11618-11619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr06-79]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-O-PA-2004-0010; FRL-8042-8]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Spill Prevention, Control and
Countermeasure (SPCC) Plans (Renewal), EPA ICR No. 0328.11, OMB Control
No. 2050-0021
AGENCY: Environmental Protection Agency.
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 April 7, 2006.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPA-
2004-0010, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to superfund.docket@epa.gov, or by mail to: EPA
Docket Center, Environmental Protection Agency, Superfund Docket, 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: Hugo Paul Fleischman, EPA/OSWER/OEM,
Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number: 202-564-1968; fax
number: 202-564-2625; e-mail address: fleischman.hugo@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 December 13, 2004 (69 FR 72191), EPA sought comments on
this ICR pursuant to 5 CFR 1320.8(d). EPA received two relevant
comments during the comment period, which are addressed in the ICR. 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-OPA-2004-0010, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Superfund Docket in
the EPA Docket Center (EPA/DC), EPA West, Room B102, 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
[[Page 11619]]
number for the Superfund Docket is (202) 566-0276.
Use EPA's electronic docket and comment system at
http://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 http://www.regulations.gov as EPA receives
them and without change, unless the comment contains copyrighted
material, CBI, or other information whose public disclosure is
restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.
Title: Spill Prevention, Control and Countermeasure (SPCC) Plans
(Renewal).
ICR numbers: EPA ICR No. 0328.11, OMB Control No. 2050-0021.
ICR Status: This ICR is scheduled to expire on February 28, 2006.
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: The primary data collection activities required by the
Oil Pollution Prevention regulation (40 CFR part 112) are the
preparation and maintenance of the SPCC Plan along with preparing
records of inspections and tests. In preparing a Plan, the owner or
operator of a new facility must prepare and implement an SPCC Plan in
accordance with the guidelines set forth in 40 CFR part 112 before
beginning facility operations. Section 112.3 requires the owner or
operator to maintain a copy of the SPCC Plan at the facility, if the
facility is normally attended for at least four hours per day or, if
not, at the nearest field office. In the event of certain discharges of
oil into navigable waters, a facility owner or operator must submit
information described in Sec. 112.4(a) to the Regional Administrator
within 60 days. Additionally, the facility owner or operator must amend
his Plan in accordance with Sec. 112.7 whenever there is a change in
the facility's design, construction, operation, and maintenance that
materially affects the facility's potential to discharge oil into
navigable waters.
EPA does not collect SPCC Plans or related records from facilities
on a routine basis. Preparation, implementation, and maintenance of the
SPCC Plan by the facility helps prevent oil discharges and mitigate the
environmental damage caused by such discharges. Therefore, the primary
user of the data is the facility itself.
Although the facility is the primary user of the data, EPA uses the
data in certain situations. EPA's primary use of the data contained in
an SPCC Plan is to ensure that a facility is in full compliance with
all elements of the SPCC regulation, including design and operation
specifications and inspection requirements. EPA reviews SPCC Plans as
part of EPA's inspection program and when information is submitted
because of an oil discharge. A Regional Administrator may require a
facility owner or operator to amend the SPCC Plan if he finds that the
facility has not met the requirements of the regulation or that Plan
amendment is necessary to prevent and contain discharges of oil. If a
facility does not amend its SPCC Plan, it may face civil penalties
under the Clean Water Act.
State and local governments are also users of the data. The
information provided in SPCC Plans (e.g., facility configuration,
capabilities, and potential risks) is not necessarily available
elsewhere and can greatly assist local emergency preparedness planning
efforts. The Plan should be compatible and coordinated with local
emergency plans, including those developed under Title III of the
Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499).
Coordination with state governments is facilitated by the provision in
Sec. 112.4(c) requiring that, after certain discharges, information on
the discharge be sent to the relevant state agencies. The flexibility
with respect to formatting in this rule promotes greater coordination
with State planning efforts because the use of plans prepared pursuant
to state regulations is encouraged. None of the information to be
gathered for this collection is believed to be confidential.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 4
hours per response for existing facilities and 38 hours per response
for newly regulated facilities. 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.
Respondents/Affected Entities: The industries that are likely to be
covered by the SPCC regulation fall into many North American Industrial
Classification System (NAICS) categories, including those associated
with petroleum and non-petroleum oil production, processing (refining),
distribution, storage, and consumption. Oil production facilities (28
percent), farms (25 percent), and electric utilities (8 percent)
account for most of the SPCC-regulated facilities.
Estimated Number of Respondents: 623,288.
Frequency of Response: On occasion.
Estimated Total Annual Hour Burden: 2,385,701 hours.
Estimated Total Annual Cost: $158 million, includes $52 million
annualized capital and O&M costs and $106 million labor costs.
Changes in the Estimates: There is an increase of 796,449 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This increase is due to adjustments to the
estimates for the number of affected facilities, burden values, and
labor rates.
Dated: February 23, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6-3285 Filed 3-7-06; 8:45 am]
BILLING CODE 6560-50-P