[Federal Register: August 14, 2008 (Volume 73, Number 158)]
[Notices]
[Page 47594-47596]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au08-30]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2003-0052; FRL-8704-3]
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).; EPA ICR No. 1656.13; OMB Control No. 2050-0144
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 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 January 31, 2009. 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 October 14, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2003-0052, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: 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
http://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 http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail 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 http://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: 202-564-2625; e-mail 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
http://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 http://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 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.
[[Page 47595]]
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-OAR-2003-0052.
Affected entities: Entities potentially affected by this action are
chemical manufacturers, petroleum refineries, water treatment systems,
non-chemical manufacturers, etc
Title: Risk Management Program Requirements and Petitions to Modify
the List of Regulated Substances under Section 112(r) of the Clean Air
Act.
ICR number: EPA ICR No. 1656.13, OMB Control No. 2050-0144.
ICR status: This ICR is currently scheduled to expire on January
31, 2009. 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, and 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 1990 CAA Amendments added section 112(r) to provide
for the prevention and mitigation of accidental releases. Section
112(r) mandates that EPA promulgate a list of ``regulated substances''
with threshold quantities and establish procedures for the addition and
deletion of substances from the list of regulated substances. Processes
at stationary sources that contain more than a threshold quantity of a
regulated substance are subject to accidental release prevention
regulations promulgated under CAA section 112(r)(7). These two rules
are codified as 40 CFR part 68. Part 68 requires that sources with more
than a threshold quantity of a regulated substance in a process develop
and implement a risk management program and submit a risk management
plan to EPA. The compliance schedule for the part 68 requirements was
established by rule on June 20, 1996. Burden to sources that are
currently covered by part 68, for initial rule compliance, including
rule familiarization and program implementation was accounted for in
previous ICRs. Sources submitted their first RMPs on June 21, 1999. The
next compliance deadline for most sources was June 21, 2004, five years
after the first submission. Some sources revised and submitted their
RMPs between the five-year deadlines. These sources were then assigned
a new five-year compliance deadline based on the date of their revised
plan submission. The next submission deadline of RMPs for most sources
is June 21, 2009. However, as only some regulated entities have a
compliance deadline of June 2009, the remaining sources have been
assigned a deadline in 2010, 2011, 2012 or 2013 (the last two years are
after the period covered by this ICR) based on the date of their most
recent submission. The period covered by this ICR includes the
regulatory reporting deadline, June 2009. In this ICR, EPA has
accounted burden for new sources that may become subject to the
regulations, currently covered sources with compliance deadlines in
this ICR period (2009 to 2011), sources that are out of compliance
since the last regulatory deadline but are expected to comply during
this ICR period, and sources that have deadlines beyond this ICR period
but are required to comply with certain prevention program
documentation requirements.
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: The public reporting burden will depend on the
size of the sources complying with 40 CFR part 68 requirements. In this
ICR, the public reporting burden for rule familiarization for new
sources is estimated to range from 12 to 32 hours per source. The
public reporting burden to prepare and submit a RMP for new sources is
estimated to range from 8.25 to 33 hours. The public reporting burden
for new sources to develop a prevention program is estimated to range
from 7 to 188 hours per source. The public reporting burden for those
sources that claim CBI is estimated to be 9.5 hours per source. The
public reporting burden for currently covered sources to prepare and
submit RMP is estimated to range from 5 to 28 hours. The public record
keeping burden to maintain on-site documentation for currently covered
sources is estimated to range from 4.5 to 124 hours. The total annual
public reporting burden for all sources is 84,729 hours (254,187 hours
over three years). The total annual burden estimated for 16
implementing agencies is 9,253 hours (27,759 hours for three years).
Therefore, the total annual burden for all sources and states is
estimated to be 93,982 hours (281,946 hours for three years).
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 provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 13,718 for this
ICR period.
Frequency of response: Every five years, unless the facilities need
to
[[Page 47596]]
update their previous submission earlier to comply with a rule
requirement.
Estimated total average number of responses for each respondent:
one.
Estimated total annual burden hours: 93,982 hours including burden
for implementing agencies.
Estimated total annual costs: $9,785,371.00. There are no capital
or operating and maintenance costs associated with this ICR since all
sources are required to submit RMPs on-line using the new electronic
reporting system, RMP e*submit.
There is a decrease of 4,617 hours for all sources and states from
the previous ICR. There are two primary reasons for this decrease in
burden. First, as explained in section 1 of the supporting statement
for this ICR renewal (the supporting statement is available at http://
www.regulations.gov), the burden varies from ICR to ICR due to
different compliance deadlines based on the sources' RMP re-submission
deadlines and other regulatory deadlines. Therefore, the burden
increases or decreases each year depending on how many sources have to
submit their RMP and comply with certain prevention program
requirements. Second, the number of sources subject to the regulations
is lower than in the previous ICR (16,634 in the previous ICR and
13,718 sources in this ICR period).
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: August 7, 2008.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
[FR Doc. E8-18840 Filed 8-13-08; 8:45 am]
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