[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Notices]
[Pages 63542-63544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31405]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5930-3]
Agency Information Collection Activities: Proposed Collection;
Comment Request; National Oil and Hazardous Substances Pollution
Contingency Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit the
following continuing Information Collection Request (ICR) to the Office
of Management and Budget (OMB): National Oil and Hazardous Substances
Pollution Contingency Plan, EPA ICR No. 1463.03, OMB No. 2050-0096,
expiring on January 31, 1998. 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 January 30, 1998.
ADDRESSES: Community Involvement and Outreach Center, Office of
Emergency and Remedial Response, 401 M Street, SW, Washington, DC
20460, Mail Code: 5204-G, 703-603-8889. Persons interested in obtaining
a copy of the ICR without charge may call the telephone number above to
request a free copy.
FOR FURTHER INFORMATION CONTACT: Lois Gartner, telephone number: 703-
603-8889, facsimile number: 703-603-9100, e-mail address:
gartner.lois@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Affected entities: Entities potentially affected by this action are
those states and members of the public that
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voluntarily participate in the remedial phase of the Superfund process
and those members of the public that voluntarily participate in
community involvement activities during some or all phases of the
Superfund process.
Title: National Oil and Hazardous Substances Pollution Contingency
Plan (OMB Control No. 2050-0096, EPA ICR No. 1463.03) expiring on
January 31, 1998.
Abstract: The Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA or Superfund; 42 U.S.C. 9601 et
seq.), as amended, establishes broad Federal authority to undertake
removal and remedial actions in response to releases or threats of
releases of hazardous substances and certain pollutants and
contaminants into the environment. The NCP sets forth requirements for
carrying out the response authorities established under CERCLA. In
addition, the Government Performance and Results Act of 1993 requires
EPA to determine and report to Congress on its effectiveness, including
community involvement activities.
For states, this ICR addresses the record keeping and reporting
provisions of the NCP that affect those states that voluntarily
participate in the remedial phase of the Superfund program. (Record
keeping and reporting requirements of the pre-remedial phase--except
those tied to community involvement--have been addressed in the ICR
prepared for the revisions to the Hazard Ranking System (HRS) (OMB
Control No. 2050-0095). Record keeping and reporting provisions for the
removal program--except, again, those tied to community involvement--
also are not included in this ICR because the Federal government has
the lead for removal actions.) Remedial responses under the Superfund
program fall into the pre-remedial phase (during which the extent of
site contamination is assessed) and the remedial phase (during which
investigations are conducted to identify and characterize contaminants
present and to determine viable remedies for a site, the remedy is
chosen and the cleanup or construction is completed). The NCP includes
the following reporting and record keeping provisions for the remedial
phase of the Superfund program:
(1) States that voluntarily take the lead in remedial activities
at Superfund sites must conduct the activities in a manner
consistent with CERCLA (40 CFR 300.515(a)). Therefore, at a state-
led site, the state must: develop a Remedial Investigation and
Feasibility Study (RI/FS); prepare a Proposed Plan; issue a Record
of Decision (ROD); complete community interviews; prepare a
Community Involvement Plan (CIP), and provide information to the
public; and
(2) States must identify and communicate potential state
applicable or relevant and appropriate requirements (ARARs) at all
Superfund sites within the state (40 CFR 300.400(g)).
In addition, this ICR addresses the record keeping and reporting
provisions of the NCP that affect communities voluntarily providing
their concerns to the lead agency about the Superfund process. This ICR
also addresses the record keeping and reporting provisions imposed on
communities when those communities provide feedback on community
involvement activities tied to GPRA. Community involvement related to
NCP requirements and GPRA reporting may occur during all phases of the
Superfund process including, pre-remedial, remedial, removal (short-
term response actions), and operation and maintenance (which may
include such activities as ground water and air monitoring, inspection
and maintenance of the treatment equipment remaining on site, and
maintenance of any security measures or institutional controls.)
Specifically, members of the community surrounding a Superfund site may
participate in community interviews (40 CFR 300.43(c)) conducted by EPA
in order to prepare a CIP or serve on Technical Assistance Grant (TAG)
groups, as provided for in Superfund Amendments and Reauthorization Act
(SARA) of 1986, as well as in Community Advisory Groups (CAG), as
provided in Superfund Administrative Reforms. Community groups focused
on the technical assistance provided through the Technical Outreach
Services for Communities (TOSC) program may also participate.
Participation may also take the form of attending informal and formal
meetings, open houses and public availability sessions, responding to
questionnaires and telephone interviews, and/or participation in focus
groups.
EPA uses the information provided by the states to ensure state
actions are consistent with the provisions of CERCLA and SARA and that
their decisions are protective of human health and the environment. EPA
uses the information gathered from private citizens to plan activities
geared to educating them where necessary, keeping them informed of
activities within the community, and ensuring they have had an
opportunity to assume an active role in the decision making process
that affects their community. EPA also uses information from private
citizens to measure the effectiveness of community involvement
activities, as required by GPRA, and to improve those activities as
needed. EPA believes involvement of the members of the community
surrounding a Superfund site is critical to ensuring effective site
cleanups.
Burden Statement: 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.
EPA estimates that 30 new sites will be added to the NPL each year
over the three-year period of this ICR. Of those 30 sites, EPA
estimates six will be state-led cleanups. It is estimated that states
will incur an annual burden of 6,026 hours per site, for a cost of
$178,100, of which $178,011 is reimbursed by EPA. States are reimbursed
from the CERCLA Hazardous Susbstances Trust Fund (the Fund) for state-
led activities via cooperative agreements with EPA as provided in
CERCLA section 104(d)(1). States are not reimbursed from the Fund for
identification of state ARARs. It is also estimated that communities
will incur a collective annual burden of 539 hours per site, for a cost
of $16,062 (assuming the value of their time at $29.57) or an estimated
average annual burden of 11 hours per person. While EPA does not
reimburse community members for their participation, this ICR
nonetheless estimates the monetary value of burden their participation
imposes on them.
The burden data in this section are based on estimates by EPA
personnel knowledgeable of the remedial program's record keeping and
reporting requirements and the costs and level of effort required to
meet the requirements.
Estimated Unit Burdens to State Governments
A ``unit'' burden is the burden incurred by a respondent for
performing an individual site-specific activity. States incur burdens
at: (1) An estimated six new state-led sites per year for several
reporting and record keeping activities; and (2) all of the estimated
30 NPL sites on an annual
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basis with RI/FS starts for identifying and reporting ARARs.
The burden is calculated using a weighted average hourly rate of
$29.57 multiplied times the number of hours to undertake a given
activity. For purposes of this ICR, wage rates for state government
personnel are estimated to be comparable to those for Federal
government personnel. Labor rates for government workers reflect the
median GS level salaries for managerial, technical and clerical
positions. These rates include direct salary and fringe benefits
(calculated at 60 percent of direct salary). The hourly rates, as of
November 1997, are:
Management (GS 13, Step 1): $42.01/hour
Technical (GS 11, Step 1): $29.48/hour
Clerical: $17.92/hour
Based on these assumptions, the weighted hourly wage rate for state and
Federal personnel is $29.57 [(0.1)*(42.01) +(0.8)*(29.48)+
(0.1)*(17.92)].
At a state-led site, states incur a burden for the following
activities:
Development of the RI/FS--5,200 hours/yr/site, $153,764.
Development of the Proposed Plan--160 hours/yr/site,
$4,731.
Preparation of the ROD--360 hours/yr/site, $10,645.
Development of the CIP--150 hours/yr/site, $4,435.
Providing information to the public--153 hours/yr/site,
$4,524.
At all sites, states incur a unit burden of three hours per site
per year, or a cost of $88.71, for providing information on state
ARARs.
Estimated Unit Burdens to Community Members
During their participation in the Superfund process, community
members may perform any or all of the following activities (as with
burden estimates for state activities, an hourly rate of $29.57 is used
to estimate the value of community members' time):
Participate in interviews--20 hours/yr/site, $591.
Attend informal and formal meetings, open houses, and
public information availability sessions--240 hours/yr/site, $7,096.
Participate in community groups--160 hours/yr/site with
such groups. $4,731.
Respond to surveys--47 hours/yr/site, $1,389.
Participate in focus groups--72 hours/yr/site with such
groups, $2,129.
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 are listed in 40 CFR part 9 and 48 CFR Chapter 15.
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.
Please send comments to the address appearing in the ADDRESSES
segment of this document.
Dated: November 20, 1997.
Elaine F. Davies,
Deputy Director, Office of Emergency and Remedial Response.
[FR Doc. 97-31405 Filed 11-28-97; 8:45 am]
BILLING CODE 6560-50-P
